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SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Afghanistan Status of Forces Agreement (SOFA) Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Al Qaeda, a terrorist organization using Afghanistan as a base of operations, attacked the United States on September 11, 2001, killing nearly 3,000 people in New York, Pennsylvania, and Virginia. (2) Congress passed and the President signed the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) on September 18, 2001. (3) The United States initiated Operation Enduring Freedom to combat Al Qaeda and prevent the Taliban regime in Afghanistan from providing Al Qaeda with safe harbor. (4) The Taliban was removed from power and the United States concluded security agreements with the newly formed Afghan government. (5) Al Qaeda no longer has a major or relevant presence in Afghanistan. (6) The United States and Afghanistan has exchanged notes, signed agreements, and issued ``joint declarations'' on various topics, but have not entered into a bilateral agreement on the status of forces. (7) A status of forces agreement with Afghanistan would not expressly authorize the United States to carry out military operations in Afghanistan but would recognize that such operations are ongoing. (8) The United States is currently party to more than 100 agreements on the status of forces. (9) A status of forces agreement may be a multilateral or bilateral agreement addressing the status of United States Armed Forces while present in a foreign country. (10) Status of forces agreements may include--but are not limited to--how the domestic laws of the foreign jurisdiction shall be applied to United States personnel and contractors while in that country. (11) In a similar agreement, parties have pledged to work cooperatively in a number of fields, including on diplomatic, security, economic, cultural, and law enforcement matters. (12) In a similar agreement, a deadline has been established for the withdrawal of United States troops by a date certain. (13) United States personnel subject to a status of forces agreement may include members of the United States Armed Forces, Department of Defense civilian employees, and contractors working for the Department of Defense. SEC. 3. STATUS OF FORCES AGREEMENT WITH AFGHANISTAN. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the President shall seek to negotiate and enter into a bilateral status of forces agreement with the Government of Afghanistan in accordance with the requirements of this section. (b) Mandatory Elements.--The status of forces agreement specified in subsection (a) shall, to the maximum extent practicable-- (1) prohibit the permanent basing or military presence of United States Armed Forces in Afghanistan; (2) provide a date, no later than 1 year after the date on which the agreement is entered into with the Government of Afghanistan, for the complete, safe, and orderly redeployment from Afghanistan of all members of the United States Armed Forces, Department of Defense civilian employees, and contractors working for the Department of Defense; and (3) establish that the temporary presence of United States Armed Forces in Afghanistan is at the request and invitation of the sovereign Government of Afghanistan. (c) Discretionary Elements.--The status of forces agreement specified in subsection (a) may provide for the authorization of specific exercises, activities, or missions of the United States Armed Forces in Afghanistan. (d) Sense of Congress.--It is the sense of Congress that the President should submit the status of forces agreement specified in subsection (a) to the Senate for its advice and consent to ratification as a treaty or alternatively the President should request statutory authorization for the status of forces agreement by Congress. (e) Submission to Congress.-- (1) In general.--The President shall submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a copy of the status of forces agreement specified in subsection (a). The status of forces agreement shall be submitted in unclassified form but may contain a classified annex if necessary. (2) Availability.--Any Senator or Member of the House of Representatives may review the copy of the status of forces agreement submitted under paragraph (1), including any portions of the agreement contained in the classified annex. (3) Definition.--In paragraph (2), the term ``Member of the House of Representatives'' includes a Delegate or Resident Commissioner to Congress.

United States-Afghanistan Status of Forces Agreement (SOFA) Act of 2011 - Directs the President to seek to enter into a bilateral status of forces agreement with the government of Afghanistan which shall: (1) prohibit the permanent basing or military presence of U.S. Armed Forces in Afghanistan; (2) provide, no later than one year after the date on which such agreement is entered into, for the complete redeployment from Afghanistan of the U.S. Armed Forces and Department of Defense (DOD) civilian employees and contractors; and (3) establish that the temporary presence of U.S. Armed Forces in Afghanistan is at the request of the government of Afghanistan. Authorizes such agreement to provide for specific activities or missions of the U.S. Armed Forces in Afghanistan. Expresses the sense of Congress that the President should submit such agreement to the Senate for its advice and consent to ratification as a treaty or alternatively the President should request statutory authorization for such agreement by Congress.

To require the President to seek to negotiate and enter into a bilateral status of forces agreement with the Government of the Islamic Republic of Afghanistan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Savings Through Public- Private Partnerships Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) Private sector funding and expertise can help address the energy efficiency challenges facing the United States. (2) The Federal Government spends more than $6 billion annually in energy costs. (3) Reducing Federal energy costs can help save money, create jobs, and reduce waste. (4) Energy savings performance contracts and utility energy service contracts are tools for utilizing private sector investment to upgrade Federal facilities without any up-front cost to the taxpayer. (5) Performance contracting is a way to retrofit Federal buildings using private sector investment in the absence of appropriated dollars. Retrofits seek to reduce energy use, improve infrastructure, protect national security, and cut facility operations and maintenance costs. SEC. 3. USE OF ENERGY EFFICIENCY MEASURES IN FEDERAL BUILDINGS. (a) Implementation of Identified Energy Efficiency Measures.-- Section 543(f)(4) of the National Energy Conservation Policy Act (42 U.S.C. 8253(f)(4)) is amended to read as follows: ``(4) Implementation of identified energy efficiency measures.-- ``(A) In general.--Not later than 2 years after the completion of each evaluation under paragraph (3), each energy manager shall consider-- ``(i) implementing any energy-saving or conservation measure that the Federal agency identified in the evaluation conducted under paragraph (3) that is life cycle cost- effective; and ``(ii) bundling individual measures of varying paybacks together into combined projects. ``(B) Measures not implemented.--The energy manager, as part of the certification system under paragraph (7) and using guidelines developed by the Secretary, shall provide reasons for not implementing any life cycle cost-effective measures under subparagraph (A).''. (b) Annual Contracting Goal.--Section 543(f)(10)(C) of the National Energy Conservation Policy Act (42 U.S.C. 8253(f)(10)(C)) is amended-- (1) by striking ``Each Federal agency'' and inserting the following: ``(i) In general.--Each Federal agency''; and (2) by adding at the end the following new clauses: ``(ii) Tracking.--Each Federal agency shall use the benchmarking systems selected or developed for the agency under paragraph (8) to track energy savings realized by the agency through the implementation of energy-saving or conservation measures pursuant to paragraph (4), and shall submit information regarding such savings to the Secretary to be published on a public Web site of the Department of Energy. ``(iii) Consideration.--Each Federal agency shall consider using energy savings performance contracts or utility energy service contracts to implement energy-saving or conservation measures pursuant to paragraph (4). ``(iv) Contracting goal.--It shall be the goal of the Federal Government, in the implementation of energy-saving or conservation measures pursuant to paragraph (4), to enter into energy savings performance contracts or utility energy service contracts equal to $1,000,000,000 in each year during the 5-year period beginning on January 1, 2014. ``(v) Report to congress.--Not later than September 30 of each year during the 5-year period referred to in clause (iv), each Federal agency shall submit to the Secretary information regarding progress made by the agency towards achieving the goal described in such clause. Not later than 60 days after each such September 30, the Secretary, acting through the Federal Energy Management Program, shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the progress made by the Federal Government towards achieving such goal.''.

Energy Savings Through Public-Private Partnerships Act of 2013 - Amends the National Energy Conservation Policy Act to direct each federal facility energy manager to consider, not later than two years after completion of a comprehensive energy evaluation of a federal agency's facilities: (1) implementing any energy-saving or conservation measure that the agency identified in the evaluation that is life cycle cost-effective, and (2) bundling individual measures of varying paybacks together into combined projects. (Under current law, the energy manager is not required to consider such actions.) Requires the energy manager, as part of the Web-based compliance certification system, to provide reasons for not implementing life cycle cost-effective measures. Requires each agency to: (1) use the benchmarking systems selected or developed for the agency under the Act to track energy savings realized by the agency through the implementation of energy-saving or conservation measures and submit information regarding such savings for publication on a website of the Department of Energy (DOE), and (2) consider using energy savings performance or utility energy service contracts to implement such measures. Establishes a goal of entering into energy savings performance contracts or utility energy service contracts equal to $1 billion in each year during the 5-year period beginning on January 1, 2014. Requires each agency to report annually to DOE, and DOE to report to Congress, on progress towards achieving such goal.

Energy Savings Through Public-Private Partnerships Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Act of 2004''. SEC. 2. FINDINGS. Congress finds that-- (1) Senator Mark O. Hatfield and Congresswoman Elizabeth Furse served the United States with distinction and honor; (2) Senator Hatfield and Congresswoman Furse have had a lasting impact on the relationship between the United States and Native Americans; (3) Senator Hatfield and Congresswoman Furse have been champions of the rights of Native Americans and Alaska Natives and worked in Congress to strengthen tribal self-governance; and (4) it is a fitting tribute to the leadership, courage, and bipartisan spirit that Senator Mark O. Hatfield and Congresswoman Elizabeth Furse exemplify to establish in their names programs to encourage excellence in tribal government. SEC. 3. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the Board of Trustees of the Foundation established under section 4(b). (2) Eligible individual.--The term ``eligible individual'' means a citizen or national of the United States or a permanent resident alien of the United States. (3) Foundation.--The term ``Foundation'' means the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Foundation established by section 4(a). (4) Fund.--The term ``Fund'' means the Mark O. Hatfield- Elizabeth Furse Scholarship and Excellence in Tribal Governance Fund established by section 7. (5) Institute.--The term ``Institute'' means the Institute for Tribal Government at Portland State University. (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (7) State.--The term ``State'' means-- (A) a State; (B) the District of Columbia; (C) American Samoa; (D) the Commonwealth of the Northern Mariana Islands; (E) Guam; (F) the Republic of the Marshall Islands; (G) the Federal States of Micronesia; (H) the Republic of Palau; (I) the Commonwealth of Puerto Rico; and (J) the United States Virgin Islands. SEC. 4. ESTABLISHMENT OF THE MARK O. HATFIELD-ELIZABETH FURSE SCHOLARSHIP AND EXCELLENCE IN TRIBAL GOVERNANCE FOUNDATION. (a) Establishment.--There is established as an independent entity in the Executive branch the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Foundation. (b) Board of Trustees.-- (1) In general.--The Foundation shall be subject to the supervision and direction of a Board of Trustees. (2) Membership.--The Board shall be comprised of 12 trustees, of whom-- (A) 2 trustees shall be individuals appointed by the President, by and with the advice and consent of the Senate, after considering recommendations of the Speaker of the House of Representatives, in consultation with the minority leader of the House of Representatives; (B) 2 trustees shall be individuals appointed by the President, by and with the advice and consent of the Senate, after considering recommendations of the President pro tempore of the Senate, in consultation with the majority and minority leaders of the Senate; (C) 5 trustees, not more than 3 trustees of whom shall be of the same political party, shall be individuals appointed by the President, by and with the advice and consent of the Senate, who have demonstrated leadership and interest in strengthening tribal self- governance, such as tribal leaders involved in health and public policy development affecting Native American and Alaska Native communities; (D) 1 trustee shall be the Secretary of the Interior; (E) 1 trustee shall be the Secretary of Education; and (F) 1 trustee shall be the president of Portland State University, who shall serve as a nonvoting member and shall not be eligible to serve as Chairperson. (c) Term.-- (1) In general.--The term of a member of the Board shall be 6 years, except that-- (A) in the case of the trustees first taking office-- (i) as designated by the President, 1 trustee appointed under subsection (b)(2)(B) and 2 trustees appointed under subsection (b)(2)(C) shall serve 2 years; (ii) as designated by the President, 1 trustee appointed under subsection (b)(2)(A) and 2 trustees appointed under subsection (b)(2)(C) shall serve 4 years; and (iii) as designated by the President, 1 trustee appointed under subsection (b)(2)(A), 1 trustee appointed under subsection (b)(2)(B), and 1 trustee appointed under subsection (b)(2)(C) shall serve 6 years; and (B) a trustee appointed to fill a vacancy shall-- (i) serve for the remainder of the term for which the predecessor of the trustee was appointed; and (ii) be appointed in the same manner as the original appointment for that vacancy was made. (d) Travel and Subsistence Pay.--A trustee shall serve without pay, but shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of the duties of a member of the Board. (e) Location of Foundation.--The Foundation shall be located in Portland, Oregon. (f) Executive Director.-- (1) In general.--There shall be an Executive Director of the Foundation, who shall be appointed by the Board. (2) Duties.--The Executive Director-- (A) shall be the chief executive officer of the Foundation; and (B) shall carry out the functions of the Foundation, subject to the supervision and direction of the Board, and such other functions consistent with this Act as the Board shall prescribe. (3) Compensation.--The Executive Director shall be compensated at the rate specified for an employee in level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 5. PURPOSES. The purposes of the Foundation shall be-- (1) to develop resources to properly train Native American and Alaska Native tribal council members in self-government and related fields; (2) to foster among people in the United States greater recognition and understanding of the role of tribal self- government in the development of the United States; (3) to identify critical issues facing tribal governments; (4) to establish a program for tribal governance research at the Institute; and (5) to provide educational outreach regarding tribal self- government. SEC. 6. AUTHORITY OF THE FOUNDATION. (a) In General.--The Foundation, in consultation with the Institute, may identify and conduct such programs, activities, and services as the Foundation considers appropriate to carry out the purposes of the Foundation. (b) Programs, Activities, and Services.--The Foundation may, in accordance with this section-- (1) award scholarships, fellowships, internships, and grants; and (2) provide grants to the Institute to carry out and manage other programs, activities, and services. (c) National Competition.--The Foundation may provide, directly or by contract, for the conduct of national competition for the purpose of selecting recipients of scholarships, fellowships, internships, and grants awarded under this Act. (d) Award of Scholarships, Fellowships, Internships, and Grants.-- (1) In general.--The Foundation may award scholarships, fellowships, internships, and grants to eligible individuals who meet the minimum criteria established by the Foundation, for study in fields relating to tribal governance. (2) Elizabeth furse scholars.--Recipients of scholarships, fellowships, internships, and grants under this Act shall be known as ``Elizabeth Furse Scholars''. (e) Scholarships.-- (1) In general.--The Foundation may award scholarships to outstanding-- (A) undergraduate students who intend to pursue careers relating to tribal governance; and (B) Native American and Alaska Native undergraduate students who intend to pursue careers in tribal public policy. (2) Payments.--An eligible individual awarded a scholarship under this Act may receive payments under this Act only during such periods as the Foundation determines that the eligible individual-- (A) is maintaining satisfactory proficiency and devoting full time to study or research; and (B) is not engaging in gainful employment other than employment approved by the Foundation under regulations of the Board. (3) Reports.-- (A) In general.--The Foundation may require reports containing such information, in such form, and to be filed at such times as the Foundation determines to be necessary from any eligible individual awarded a scholarship under this Act. (B) Certificate.--Except as otherwise provided under this subsection, a report under subparagraph (A) shall be accompanied by a certificate from an appropriate official at the institution of higher education, approved by the Foundation, stating that the individual is making satisfactory progress in, and is devoting essentially full time to, study or research. (f) Fellowships.--The Foundation may award fellowships to-- (1) outstanding graduate students who intend to pursue advanced degrees in fields relating to tribal governance; (2) outstanding Native American and Alaska Native graduate students who intend to pursue advanced degrees in tribal public policy, law, or medicine; and (3) faculty from a variety of disciplines to bring the expertise of the faculty to the Foundation. (g) Internships.--The Foundation may award internships to deserving and qualified-- (1) individuals, for use in participating in internships in Federal, State, and local agencies or in offices of major tribal governance organizations; and (2) Native American and Alaska Native individuals, for use in participating in internships in Federal, State, and local agencies or in offices of major public health or public policy organizations. (h) Grants.--The Foundation shall award grants to the Institute-- (1) to provide for an annual panel of experts to discuss contemporary tribal governance issues; (2) to conduct tribal governance policy research; (3) to conduct research on Native American and Alaska Native tribal public policy issues; and (4) to invite visiting policymakers to share practical experiences with the Foundation. (i) Coordination.--The Foundation shall assist in the development and implementation of a program for tribal governance research to be located at the Institute. (j) Program Priorities.-- (1) In general.--Subject to paragraph (2), the Foundation shall determine-- (A) the priority of the programs to be carried out under this Act; and (B) the amount of funds to be allocated for the programs. (2) Requirements.--Of amounts made available to carry out this section-- (A) not less than 50 percent shall be used for the programs described in subsections (e), (f), and (g); (B) not less than 20 percent shall be made available to the Institute to carry out subsections (h) and (i), on the conditions that-- (i) a 25-percent matching share is provided from other non-Federal sources; and (ii) adequate space at the Institute is made available by the Institute for the Executive Director and other appropriate staff of the Foundation; and (C) not more than 15 percent shall be used for salaries and other administrative purposes. SEC. 7. ESTABLISHMENT OF MARK O. HATFIELD-ELIZABETH FURSE SCHOLARSHIP AND EXCELLENCE IN TRIBAL GOVERNANCE TRUST FUND. (a) Establishment of Fund.--There is established in the Treasury of the United States a trust fund to be known as the ``Mark O. Hatfield- Elizabeth Furse Scholarship and Excellence in Tribal Governance Trust Fund'', to be administered by the Foundation, consisting of amounts appropriated to the fund under section 10. (b) Investment of Fund Assets.-- (1) In general.--The Secretary of the Treasury shall invest in full, at the direction of the Board, the amounts appropriated to the Fund. (2) Eligible investments.--The investments shall be in public debt securities with maturities suitable for the needs of the Fund. (3) Interest.--Investments in public debt securities shall bear interest at rates determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturity. SEC. 8. EXPENDITURES AND AUDIT OF TRUST FUND. (a) In General.--The Foundation shall pay from the interest and earnings of the Fund such amounts as the Board determines are appropriate to enable the Foundation to carry out this Act. (b) Audit by Government Accountability Office.-- (1) In general.--The activities of the Foundation and the Institute under this Act may be audited by the Government Accountability Office under such regulations as may be promulgated by the Comptroller General of the United States. (2) Access.--Representatives of the Government Accountability Office shall have access to all books, accounts, records, reports filed and all other papers, things, or property belonging to or in use by the Foundation and the Institute that pertain to federally-assisted activities and are necessary to facilitate the audit. SEC. 9. ADMINISTRATIVE PROVISIONS. To carry out this Act, the Foundation may-- (1) appoint, and fix the compensation of, such personnel as are necessary to carry out this Act, except that in no case shall an employee other than the Executive Director be compensated at a rate that exceeds the maximum rate for employees in grade GS-15 of the General Schedule under section 5332 of title 5, United States Code; (2) procure or fund the Institute to procure temporary and intermittent services of such experts and consultants as are necessary to the extent authorized by section 3109 of title 5, United States Code, but at rates not to exceed the rate specified at the time of such service for level IV of the Executive Schedule under section 5315 of title 5, United States Code; (3) promulgate such regulations as the Foundation considers to be necessary governing the manner in which the functions of the Foundation shall be carried out; (4) accept, hold, administer, and use gifts, both real and personal, for the purpose of aiding or facilitating the work of the Foundation; (5) accept and use the services of voluntary and noncompensated personnel and reimburse such personnel for travel expenses, including per diem expenses, as authorized by section 5703 of title 5, United States Code; (6) enter into contracts, grants, or other arrangements or modifications of contracts, grants, or arrangements to carry out this Act, which contracts, grants, arrangements, and modifications may, with the concurrence of at least \2/3\ of the members of the Board, be entered into without performance bond or other bond, and without regard to section 3709 of the Revised Statutes (41 U.S.C. 5); and (7) make other necessary expenditures. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Fund $50,000,000.

Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Act of 2004 - Establishes as an independent entity of the executive branch the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Foundation to be located in Portland, Oregon, to: (1) develop resources to properly train Native American and Alaska Native tribal council members in self-government and related fields; (2) foster greater recognition and understanding of the role of tribal self-government in the development of the United States; (3) identify critical issues facing tribal governments in the Nation; (4) establish a program for tribal goverance research at the Institute for Tribal Government at Portland State University; and (5) provide educational outreach regarding tribal self-government. Authorizes the Foundation to award scholarships, fellowships, internships, and grants to eligible individuals who meet the minimum criteria established by the Foundation for study in fields relating to tribal governance. Authorizes the Foundation to award scholarships to outstanding undergraduate students who intend to pursue careers relating to tribal goverance, and Native Americans and Alaska Natives intending to pursue careers in tribal public policy. Authorizes the Foundation to award fellowships to: (1) outstanding graduate students who intend to pursue advanced degrees in fields relating to tribal governance, and Native Americans and Alaska Natives intending to pursue advanced degrees in tribal public policy, law, or medicine; and (2) faculty from a variety of disciplines to bring their expertise to the Foundation. Authorizes the Foundation to award internships to deserving and qualified: (1) individuals to work in Federal, State, and local agencies or in offices of major tribal governance organizations; and (2) Native American and Alaska Native individuals to work in Federal, State, and local agencies or in offices of major public health or public policy organizations. Directs the Foundation to award grants to the Institute to: (1) provide for an annual panel of experts to discuss contemporary tribal governance issues; (2) conduct research in tribal governance policy and on Native American and Alaska Native tribal public policy issues; and (4) invite visiting policymakers to share practical experiences with the Foundation. Establishes in the Treasury the Mark O. Hatfield- Elizabeth Furse Scholarship and Excellence in Tribal Governance Trust Fund to be administered by the Foundation.

A bill to establish the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Foundation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Managed Care Plan Accountability Act of 1997''. SEC. 2. IMPROVEMENTS IN ERISA ENFORCEMENT WITH RESPECT TO MANAGED CARE GROUP HEALTH PLANS. (a) Additional Remedies for Cost-Driven Violations of Plan Terms.-- (1) In general.--Section 502(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132(c)) is amended-- (A) by redesignating paragraph (6) as paragraph (7); and (B) by inserting after paragraph (5) the following new paragraph: ``(6)(A) In any case in which a group health plan, or a health insurance issuer offering health insurance coverage in connection with such plan, provides benefits under such plan under managed care, and such plan or issuer fails to provide any such benefit in accordance with the terms of the plan or such coverage, insofar as such failure occurs pursuant to a clinically or medically inappropriate decision or determination resulting from-- ``(i) the application of any cost containment technique, ``(ii) any utilization review directed at cost containment, or ``(iii) any other medical care delivery policy decision which restricts the ability of providers of medical care from utilizing their full discretion for treatment of patients, each specified defendant shall be jointly and severally liable to any participant or beneficiary aggrieved by such failure for actual damages (including compensatory and consequential damages) proximately caused by such failure, and may, in the court's discretion, be liable to such participant or beneficiary for punitive damages. ``(B) For purposes of this paragraph-- ``(i) a group health plan, or a health insurance issuer offering health insurance coverage in connection with the plan, provides benefits under `managed care' if the plan or the issuer-- ``(I) provides or arranges for the provision of the benefits to participants and beneficiaries primarily through participating providers of medical care, or ``(II) provides financial incentives (such as variable copayments and deductibles) to induce participants and beneficiaries to obtain the benefits primarily through participating providers of medical care, or both. ``(ii) The term `specified defendant' means, in connection with any failure to provide any benefit, a person who is-- ``(I) the plan sponsor, or ``(II) a health insurance issuer offering health insurance coverage in connection with the plan, insofar as an act or failure to act of such person constitutes or contributes to the failure to so provide such benefit. ``(iii) The term `participating' means, with respect to a provider of medical care in relation to a group health plan or health insurance coverage offered in connection with a group health plan, a provider that furnishes the items and services comprising medical care to participants and beneficiaries under the plan under an agreement with the plan or with a health insurance issuer offering the coverage. ``(iv) The provisions of section 733 apply in the same manner and to the same extent as they apply for purposes of part 7. ``(C) Remedies under this paragraph are in addition to remedies otherwise provided under this section.''. (2) Concurrent jurisdiction.--Section 502(e)(1) of such Act (29 U.S.C. 1132(e)(1)) is amended-- (A) in the first sentence, by inserting ``and except for actions under subsection (a)(1)(A) of this section for the relief provided in subsection (c)(6) of this section,'' after ``this section,''; and (B) in the last sentence, by inserting ``and under subsection (a)(1)(A) of this section for the relief provided in subsection (c)(6) of this section'' after ``this section''. (b) Indemnification for Liability of Providers Bound by Plan Restrictions on Medical Communications.--Section 502 of such Act (29 U.S.C. 1132) is amended further by adding at the end the following new subsection: ``(n)(1) In any case in which a group health plan, or a health insurance issuer offering health insurance coverage in connection with such plan, provides benefits under such plan under managed care, the plan shall provide for full indemnification of any participating provider of medical care for any liability incurred by such provider for any failure to provide any such benefit in accordance with the terms of the plan or such coverage, if such failure is the direct result of a plan restriction on medical communications under the plan. ``(2) For purposes of this subsection-- ``(A) the term `plan restriction on medical communications' under a group health plan means a provision of the plan, or of any health insurance coverage offered in connection with the plan, which prohibits, restricts, or interferes with any medical communication as part of-- ``(i) a written contract or agreement with a participating provider of medical care, ``(ii) a written statement to a participating provider of medical care, or ``(iii) an oral communication to a participating provider of medical care. ``(B) The term `medical communication'-- ``(i) means any communication made by the provider of medical care-- ``(I) regarding the mental or physical health care needs or treatment of a patient and the provisions, terms, or requirements of the group health plan or health insurance coverage or another plan or coverage relating to such needs or treatment, and ``(II) between the provider and a current, former, or prospective patient (or the guardian or legal representative of a patient), between the provider and any employee or representative of the plan or issuer, or between the provider and any employee or representative of any State or Federal authority with responsibility for the licensing or oversight with respect to the plan or issuer; and ``(ii) includes communications concerning-- ``(I) any tests, consultations, and treatment options, ``(II) any risks or benefits associated with such tests, consultations, and options, ``(III) variation among any providers of medical care and any institutions providing such services in experience, quality, or outcomes, ``(IV) the basis or standard for the decision of a managed care group health plan, or a health insurance issuer offering health insurance coverage in connection with such a plan, to authorize or deny particular benefits consisting of medical care, ``(V) the process used by the plan or issuer to determine whether to authorize or deny particular benefits consisting of medical care, and ``(VI) any financial incentives or disincentives provided by the plan or issuer to a provider of medical care that are based on service utilization. ``(C) For purposes of this paragraph, the provisions of subsection (c)(6)(B) apply in the same manner and to the same extent as they apply for purposes of subsection (c)(6), and the provisions of section 733 apply in the same manner and to the same extent as they apply for purposes of part 7.''. SEC. 3. EXCISE TAX FOR COST-DRIVEN VIOLATIONS OF PLAN TERMS. (a) In General.--Chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter B--Failure To Provide Health Benefits Due to Improper Cost-Driven Delivery Policy Decisions ``Sec. 9811. Failure to provide health benefits due to improper cost- driven delivery policy decisions. ``SEC. 9811. FAILURE TO PROVIDE HEALTH BENEFITS DUE TO IMPROPER COST- DRIVEN DELIVERY POLICY DECISIONS. ``(a) General Rule.--In the case of a group health coverage to which this section applies, there is a failure to meet the requirements of this chapter if-- ``(1) the provider of such coverage fails to provide any benefit in accordance with the terms of the coverage, and ``(2) such failure occurs pursuant to a clinically or medically inappropriate decision or determination resulting from the application of-- ``(A) any cost containment technique, ``(B) any utilization review directed at cost containment, or ``(C) any other medical care delivery policy decision which restricts the ability of providers of medical care from utilizing their full discretion for treatment of patients. ``(b) Health Coverage Providers to Which Section Applies.--This section shall apply to any group health coverage which is provided under managed care. ``(c) Definitions.--For purposes of this section-- ``(1) Group health coverage.--The term `group health coverage' means-- ``(A) coverage under any group health plan, and ``(B) health insurance coverage provided by a health insurance issuer. ``(2) Managed care.--Group health coverage is provided under managed care if-- ``(A) such coverage is provided primarily through participating providers of medical care, or ``(B) the provider of such coverage provides financial incentives (such as variable copayments and deductibles) to induce participants and beneficiaries to obtain the benefits primarily through participating providers of medical care, or both. ``(3) Provider.--The term `provider' means-- ``(A) the group health plan in the case of coverage described in paragraph (2)(A), and ``(B) the health insurance issuer in the case of coverage described in paragraph (2)(B). ``(4) Other definitions.--The terms `group health plan', `health insurance coverage', and `health insurance issuer' have the respective meanings given such terms by section 9805.''. (b) Conforming Amendments.-- (1) Subtitle K of such Code is amended by striking all that precedes section 9801 and inserting the following: ``Subtitle K--Group Health Plan Requirements ``Chapter 100. Group health plan requirements. ``CHAPTER 100--GROUP HEALTH PLAN REQUIREMENTS ``Subchapter A. Requirements relating to portability, access, and renewability. ``Subchapter B. Failure to provide health benefits due to improper cost- driven delivery policy decisions.'' (2) The table of subtitles for such Code is amended by striking the item relating to subtitle K and inserting the following new item: ``Subtitle K. Group health plan requirements.'' SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to plan years beginning after on or after January 1, 1998.

Managed Care Plan Accountability Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code (IRC) with respect to accountability for violations of requirements for managed care group health plans, especially failure to provide health benefits due to improper cost-driven delivery policy decisions. Imposes joint and several liability for actual (including compensatory and consequential) damages, and, in the court's discretion, for punitive damages, on a group health plan, or a plan health insurance issuer, for failure to provide a benefit in accordance with plan terms, insofar as such failure occurs pursuant to a clinically or medically inappropriate decision or determination resulting from application of any cost containment technique, related utilization review, or any other medical care delivery policy decision which restricts the ability of medical care providers to use their full discretion for treatment of patients. Provides for an action for damages in either a State or Federal court. Requires managed care group health plans to provide for full indemnification of medical care providers bound by plan restrictions for any liability incurred for such a failure if it is the direct result of a plan restriction on medical communications. Amends the IRC to establish an excise tax for such cost-driven violations of plan terms.

Managed Care Plan Accountability Act of 1997

SECTION 1. DEFINITION OF RENEWABLE BIOMASS. (a) Clean Air Act Definitions.-- (1) RFS definition.--Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended by striking subparagraph (I) and inserting the following: ``(I) Renewable biomass.--The term `renewable biomass' means-- ``(i) materials, pre-commercial thinnings, or invasive species from National Forest System land and public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) that-- ``(I) are byproducts of preventive treatments that are removed-- ``(aa) to reduce hazardous fuels; ``(bb) to reduce or contain disease or insect infestation; or ``(cc) to restore ecosystem health; ``(II) would not otherwise be used for higher-value products; and ``(III) are harvested in accordance with-- ``(aa) applicable law and land management plans; and ``(bb) the requirements for-- ``(AA) old-growth maintenance, restoration, and management direction of paragraphs (2), (3), and (4) of subsection (e) of section 102 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6512); and ``(BB) large-tree retention of subsection (f) of that section; or ``(ii) any organic matter that is available on a renewable or recurring basis from non- Federal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including-- ``(I) renewable plant material, including-- ``(aa) feed grains; ``(bb) other agricultural commodities; ``(cc) other plants and trees; and ``(dd) algae; and ``(II) waste material, including-- ``(aa) crop residue; ``(bb) other vegetative waste material (including wood waste and wood residues); ``(cc) animal waste and byproducts (including fats, oils, greases, and manure); and ``(dd) food waste and yard waste.''. (2) Conversion assistance definition.--Section 211(s)(4) of the Clean Air Act (42 U.S.C. 7545(s)(4)) is amended by striking subparagraph (B) and inserting the following: ``(B) Renewable biomass.--The term `renewable biomass' has the meaning given the term in subsection (o)(1).''. (b) Applicability Under Other Law.--The definition of the term ``renewable biomass'' under section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) (as amended by subsection (a)(1)) shall apply in any Federal law enacted after the date of enactment of this Act-- (1) to establish a renewable electricity standard; or (2) to regulate the emission of greenhouse gases.

Amends the Clean Air Act to redefine "renewable biomass" as: (1) materials, pre-commercial thinnings, or invasive species from certain National Forest System land and public lands that are byproducts of preventive treatments that are removed to reduce hazardous fuels, reduce or contain disease or insect infestation, or restore ecosystem health, that would not otherwise be used for higher-value products, and that are harvested in accordance with specified requirements for old-growth forests and large tree retention; or (2) any organic matter that is available on a renewable or recurring basis from nonfederal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including specified renewable plant material and waste material. Applies this definition in any federal law enacted after the date of enactment of this Act to: (1) establish a renewable electricity standard; or (2) regulate the emission of greenhouse gases.

A bill to amend the Clean Air Act to modify certain definitions of the term "renewable biomass", and for other purposes.

SECTION 1. COMPREHENSIVE ARMED FORCES POLICY ON PREVENTION AND RESPONSE TO HAZING INVOLVING MEMBERS OF THE ARMED FORCES. (a) Hazing Defined.--The Secretary of Defense, in consultation with the Secretaries of the military departments and the Secretary of Homeland Security (with respect to the Coast Guard), shall assess and develop a uniform definition of hazing applicable to members of the Armed Forces for inclusion in the Uniform Code of Military Justice. The Secretary of Defense shall submit the definition to the designated congressional committees not later than 90 days after the date of the enactment of this Act. It is the sense of Congress that the definition should cover, at a minimum, any situation in which a member of the Armed Forces suffers, or is exposed to, any cruelty, indignity, humiliation, hardship, harm, harassment, or oppression, or the deprivation or abridgement of any right by another member of the Armed Forces. (b) Comprehensive Armed Forces Policy Required.-- (1) Policy required.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments and the Secretary of Homeland Security, shall develop and implement a comprehensive policy on the prevention of and response to hazing involving members of the Armed Forces. (2) Consideration of recommendations.--In developing this policy, the Secretaries shall consider the recommendations made and findings of the Inspectors General of the Department of Defense and the Department of Homeland Security in reports investigating hazing involving members of the Armed Forces and the recommendations of the Comptroller General of the United States under subsection (e). (3) Use of definition.--The policy shall reflect the comprehensive definition of hazing determined pursuant to subsection (a). (c) Information Database on Hazing Incidents.-- (1) Database required.--The Secretary of Defense and the Secretary of Homeland Security shall develop and implement a centralized, case-level database for the collection and maintenance of information regarding hazing involving a member of the Armed Services, including hazing incidents occurring at officer candidate schools, military academies, military academy preparatory schools, and basic training and professional schools for enlisted members. The collection and maintenance of information in the database shall be conducted in a manner consistent with Department of Defense and the Department of Homeland Security regulations for restricted reporting. (2) Scope of database.--The database shall provide the following information with respect to each Armed Force: (A) Description of each hazing complaint. (B) Substantiated incidents of hazing. (C) The nature and date of the hazing. (D) The victim, including race, gender, and rank. (E) The alleged offender, including race, gender, and rank. (F) The branch and division in which the hazing incident occurred, along with whether it took place during a contingency operation. (G) Actions taken to resolve hazing, including disciplinary action, transfer of an offender as a result or related to the offense, and training, policy, and internal guideline changes to address hazing. (H) The outcome of any legal proceedings in connection with the hazing. (3) Implementation.-- (A) Plan for implementation.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Homeland Security shall submit to the designated congressional committees a plan to provide for the implementation of the database. (B) Relation to defense incident-based reporting system.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the designated congressional committees a report containing-- (i) a description of the current status of the Defense Incident-Based Reporting System; and (ii) an explanation of how the Defense Incident-Based Reporting System will relate to the database. (C) Completion.--Not later than 15 months after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Homeland Security shall complete implementation of the database. (d) Annual Reporting Requirement.-- (1) In general.--The database required by subsection (c) shall be used to develop and implement an annual congressional report. (2) Reports required.--Not later than January 15 of each year, the Secretary of Defense and the Secretary of Homeland Security shall submit to the designated congressional committees a report on the hazing incidents involving members of the Armed Forces during the preceding year. (3) Elements.--Each report shall include the following: (A) An assessment by the Secretaries of the implementation during the preceding year of the policies and procedures of each Armed Force on the prevention of and response to hazing involving members of the Armed Forces in order to determine the effectiveness of such policies and procedures. (B) Data on the number of alleged and substantiated hazing incidents within each Armed Force that occurred that year, including the race, gender and Armed Force of the victim and offender, the nature of the hazing, and actions taken to resolve and address the hazing. (e) Comptroller General Report.-- (1) Report required.--Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the designated congressional committees a report on the policies to prevent hazing and systems initiated to track incidents of hazing in each of the Armed Forces, including officer cadet schools, military academies, military academy preparatory schools, and basic training and professional schools for enlisted members. (2) Elements.--The report required by paragraph (1) shall include the following: (A) An evaluation of the definition of hazing developed under subsection (a). (B) A description of the criteria used, and the methods implemented, in the systems to track incidents of hazing in the Armed Forces. (C) An assessment of the following: (i) The scope of hazing in each Armed Force. (ii) The policies in place and the training on hazing provided to members throughout the course of their careers for each Armed Force. (iii) The actions taken to mitigate hazing incidents in each Armed Force. (iv) The effectiveness of the training and policies in place regarding hazing. (v) The number of alleged and substantiated incidents of hazing over the last five years for each Armed Force, the nature of these cases and actions taken to address such matters through non-judicial and judicial action. (D) An evaluation of the additional actions, if any, the Secretary of Defense and the Secretary of Homeland Security propose to take to further address the incidence of hazing in the Armed Forces. (E) Such recommendations as the Comptroller General considers appropriate for improving hazing prevention programs, policies, and other actions taken to address hazing within the Armed Forces. (f) Designated Congressional Committees Defined.--In this section, the term ``designated congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Commerce, Science and Transportation of the Senate; and (2) the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Transportation and Infrastructure of the House of Representatives.

Directs the Secretary of Defense (DOD) (Secretary) to: (1) assess and develop a uniform definition of hazing, applicable to members of the Armed Forces (members), for inclusion in the Uniform Code of Military Justice (UCMJ); and (2) submit such definition to Congress. Expresses the sense of Congress that such definition should cover, at a minimum, any situation in which a member suffers or is exposed to any cruelty, indignity, humiliation, hardship, harm, harassment, or oppression, or the deprivation or abridgment of any right, by another member. Requires the Secretary to develop and implement a comprehensive policy on the prevention of and response to hazing involving members. Directs the Secretary and the Secretary of Homeland Security (DHS) to develop and implement a centralized, case-level database for the collection and maintenance of information regarding hazing, including incidents occurring at officer candidate schools, military academies and their preparatory schools, and basic training and professional schools for enlisted members. Requires such Secretaries to: (1) submit to Congress a plan to implement the database, and (2) complete implementation within 15 months after the enactment of this Act. Directs the Secretary to report to Congress: (1) a description of the current status of the Defense Incident-Based Reporting System, and (2) an explanation of how such System will relate to the database. Requires annual reports from each Secretary on the hazing incidents involving members. Directs the Comptroller General (GAO) to report to Congress on the policies to prevent hazing and the systems initiated to track incidents of hazing in each of the military departments.

To prevent and respond to hazing incidents involving members of the Armed Forces, and for other purposes.

THROUGH ADMINISTRATIVE PROCESSES. Subsection (a) of section 7 of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e(a)) is amended to read as follows: ``(a) Administrative Remedies.-- ``(1) Presentation.--No claim with respect to prison conditions under section 1979 of the Revised statutes (42 U.S.C. 1983), or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility shall be adjudicated except under section 1915A(b) of title 28, United States Code, until the claim has been presented for consideration to officials of the facility in which the claim arose. Such presentation satisfies the requirement of this paragraph if it provides prison officials of the facility in which the claim arose with reasonable notice of the prisoner's claim, and if it occurs within the generally applicable limitations period for filing suit. ``(2) Stay.--If a claim included in a complaint has not been presented as required by paragraph (1), and the court does not dismiss the claim under section 1915A(b) of title 28, United States Code, the court shall stay the action for a period not to exceed 90 days and shall direct prison officials to consider the relevant claim or claims through such administrative process as they deem appropriate. However, the court shall not stay the action if the court determines that the prisoner is in danger of immediate harm. ``(3) Proceeding.--Upon the expiration of the stay under paragraph (2), the court shall proceed with the action except to the extent the court is notified by the parties that it has been resolved.''. SEC. 4. EXEMPTION OF JUVENILES FROM PRISON LITIGATION REFORM ACT. (a) Title 18.-- (1) Juvenile proceedings.--Section 3626(g) of title 18, United States Code, is amended-- (A) in paragraph (3) by striking ``or adjudicated delinquent for,''; and (B) so that paragraph (5) reads as follows: ``(5) the term `prison' means any Federal, State, or local facility that incarcerates or detains prisoners;''. (2) Adult convictions.--Section 3626 of title 18, United States Code, is amended by adding at the end the following: ``(h) Exclusion of Child Prisoners.--This section does not apply with respect to a prisoner who has not attained the age of 18 years.''. (b) Civil Rights of Institutionalized Persons Act.-- (1) Section 7(h) of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e(h)), is amended by striking ``or adjudicated delinquent for,''. (2) Section 7 of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e) is amended by adding at the end the following: ``(i) Exclusion of Child Prisoners.--This section does not apply with respect to a prisoner who has not attained the age of 18 years.''. (c) Title 28.--Title 28, United States Code, is amended-- (1) in section 1915(h)-- (A) by inserting ``who has attained the age of 18 years'' after ``means any person''; and (B) by striking ``or adjudicated delinquent for,''; and (2) in section 1915A(c)-- (A) by inserting ``who has attained the age of 18 years'' after ``means any person''; and (B) by striking ``or adjudicated delinquent for,''. SEC. 5. MODIFICATION OF BAN ON MULTIPLE IN FORMA PAUPERIS CLAIMS. Section 1915(g) of title 28, United States Code, is amended-- (1) by inserting ``within the preceding 5 years'' after ``3 or more occasions''; and (2) by striking ``, malicious, or fails to state a claim upon which relief may be granted'' and inserting ``or malicious''. SEC. 6. FILING FEES IN FORMA PAUPERIS. Section 1915(b)(1) of title 28, United States Code, is amended-- (1) by striking ``or files an appeal''; and (2) by inserting ``and the action is dismissed at initial screening pursuant to subsection (e)(2) of this section, section 1915A of this title, or section 7(c)(1) of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e(c)(1)),'' after ``in forma pauperis,''. SEC. 7. TECHNICAL AMENDMENT TO RESOLVE AMBIGUITY. Section 1915(a)1) of title 28, United States Code, is amended by striking ``that includes a statement of all assets such prisoner possesses'' and inserting ``(including a statement of assets such person possesses)''. SEC. 8. ENCOURAGEMENT OF APPROPRIATE SETTLEMENT OF PRISONER LITIGATION. Section 3626(c)(1) of title 18, United States Code, is amended, by striking the period at the end and inserting ``, except that the violation of a Federal right may be alleged by plaintiff rather than proven or stipulated.''. SEC. 9. JUDICIAL DISCRETION IN CRAFTING PRISON ABUSE REMEDIES. Section 3626 of title 18, United States Code, is amended-- (1) in subsection (a)(2) by striking the final sentence; (2) in subsection (b)(1)(A), by inserting ``if that party demonstrates that it has eliminated the violation of the Federal right that gave rise to the prospective relief and that the violation is reasonably unlikely to recur'' after ``intervener''; (3) in subsection (b)(1)(B), by adding at the end the following: ``Nothing in this section shall prevent the court from extending any of the time periods set out in subsection (A), if the court finds, at the time of granting or approval of the prospective relief, that correction of the violation will take longer than those time periods.''; and (4) in subsection (e) by striking paragraphs (2), (3), and (4). SEC. 10. EFFECTIVE DATE. The amendments made by this Act shall apply to all cases currently pending in Federal court and any such cases filed on or after the date of enactment of this Act.

Prison Abuse Remedies Act of 2009 - Amends the Civil Rights of Institutionalized Persons Act to: (1) eliminate the requirement of a prior showing of physical injury before a prisoner may bring a claim for mental or emotional injury suffered while in custody; and (2) provide for a 90-day stay of nonfrivolous claims relating to prison conditions to allow prison officials to consider such claims through the administrative process; and (3) exclude from the application of such Act prisoners under the age of 18. Amends the federal criminal code to: (1) exempt prisoners under the age of 18 from the restrictions imposed by the Prison Litigation Reform Act; and (2) expand the discretionary authority of judges in awarding relief in actions involving prison conditions. Amends the federal judicial code to: (1) exempt prisoners under the age of 18 from certain restrictions on in forma pauperis proceedings; (2) expand the number of in forma pauperis actions a prisoner may bring; and (3) revise requirements for assessing filing fees and costs against prisoners in such actions.

To provide for the redress of prison abuses, and for other purposes.

SECTION 1. PRIVACY OF CUSTOMERS OF BROADBAND INTERNET ACCESS SERVICE AND OTHER TELECOMMUNICATIONS SERVICES. (a) In General.--Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following: ``(h) Privacy of Customers of Broadband Internet Access Service and Other Telecommunications Services.-- ``(1) Definitions.--In this subsection-- ``(A) the term `broadband Internet access service' has the meaning given the term in section 8.2 of title 47, Code of Federal Regulations, or any successor regulation; ``(B) the term `customer' means-- ``(i) a current or former subscriber to a telecommunications service; or ``(ii) an applicant for a telecommunications service; ``(C) the term `customer proprietary information' means, with respect to information or content that a telecommunications carrier acquires in connection with its provision of telecommunications service-- ``(i) individually identifiable customer proprietary network information; ``(ii) personally identifiable information; and ``(iii) content of communications; ``(D) the term `opt-in approval' means a method for a telecommunications carrier to obtain customer consent to use, disclose, or permit access to the customer's customer proprietary information that requires that the telecommunications carrier obtain from the customer affirmative, express consent allowing the requested usage, disclosure, or access to the customer proprietary information after the customer is provided appropriate notification of the carrier's request; ``(E) the term `sensitive customer proprietary information' includes-- ``(i) financial information; ``(ii) health information; ``(iii) information pertaining to children; ``(iv) Social Security numbers; ``(v) precise geolocation information; ``(vi) content of communications; ``(vii) call detail information; ``(viii) web browsing history, application usage history, and the functional equivalents of either; and ``(ix) any other customary proprietary information that the Commission determines to be sensitive; and ``(F) the term `telecommunications service' includes broadband Internet access service and interconnected VoIP service. ``(2) Regulations.--In carrying out this section, the Commission shall promulgate regulations to protect the privacy of customers of telecommunications service. ``(3) Contents.--In promulgating regulations under paragraph (2), the Commission shall-- ``(A) require a telecommunications carrier to notify a customer about the collection, use, and sharing of his or her customer proprietary information, including by-- ``(i) notifying the customer about the types of customer proprietary information the carrier collects; ``(ii) specifying how and for what purposes the carrier uses and shares customer proprietary information; and ``(iii) identifying the types of entities with which the carrier shares customer proprietary information; ``(B) require a telecommunications carrier to-- ``(i) provide the notification under subparagraph (A) to a customer at the point of sale, before the purchase of service; and ``(ii) update a customer when the carrier makes a material change to a privacy policy, including any of the policies described in subparagraph (A); ``(C) require a telecommunications carrier to obtain opt-in approval from a customer to use and share his or her sensitive customer proprietary information; ``(D) implement strong protection for de-identified customary proprietary information, to prevent re- identifying such information; ``(E) prohibit a telecommunications carrier from refusing to serve a customer who doesn't consent to the use and sharing of his or her customer proprietary information for commercial purposes (commonly known as `take-it-or-leave-it offers'); and ``(F) require a telecommunications carrier to-- ``(i) develop reasonable data security practices; and ``(ii) notify customers if a breach of security has occurred.''. (b) Deadline.--The Federal Communications Commission-- (1) not later than 180 days after the date of enactment of this Act, shall promulgate regulations under section 222(h)(2) of the Communications Act of 1934 (47 U.S.C. 222(h)(2)), as added by subsection (a); and (2) shall ensure that the regulations promulgated under paragraph (1) take effect not later than 180 days after the date of promulgation.

This bill amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to promulgate customer privacy regulations that require telecommunications services, broadband Internet access services, and interconnected VoIP services to: notify a customer about the collection, use, and sharing of customer proprietary information that is individually identifiable customer proprietary network information, personally identifiable information, or the content of communications; obtain opt-in approval from a customer to use and share sensitive customer proprietary information about financial or health information, children, Social Security numbers, precise geolocation, content of communications, call detail information, web browsing or application usage history, or other customary proprietary information that the FCC determines to be sensitive; not refuse to serve a customer who does not consent to the use and sharing of customer proprietary information for commercial purposes under a "take-it-or-leave-it" offer; develop data security practices; and notify customers of security breaches. The FCC must also implement strong protection for de-identified customary proprietary information to prevent re-identifying such information.

A bill to establish privacy protections for customers of broadband Internet access service and other telecommunications services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Distributed Power Hybrid Energy Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Renewable energy resources have the potential to help diversify our Nation's energy portfolio with few adverse environmental effects. By their very nature, renewable resources are distributed. Our ability to cost effectively take advantage of our renewable, indigenous resources can be greatly advanced through systems that minimize the intermittency of these resources through distributed power hybrid systems. (2) Distributed power sources configured as distributed power hybrid systems can maximize benefits to the energy consumer. The primary benefits of distributed power hybrid systems are that they can-- (A) shelter consumers from temporary energy price volatility created by supply and demand mismatches; (B) increase the reliability of energy supply, thereby avoiding significant costs associated with power outages; (C) provide a cost-effective means to minimize the impact of intermittent resources, thereby expanding the Nation's energy supply reserve; (D) decrease environmental impacts of energy supply; and (E) be tailored to address significant local differences in power and economic development needs and resource availability that exist throughout the United States. (3) Realizing these benefits will require a concerted and integrated effort that focuses on removing market barriers to the adoption of distributed power hybrid systems by-- (A) providing tools that enable States and regions to assess their indigenous renewable energy resources; (B) developing the technological foundation that enables designing, testing, certifying, and operating distributed power hybrid systems; and (C) providing the policy framework that reduces such barriers, including making net metering available on a broader scale to enable consumers to reap the full value of these systems, thereby lowering their overall energy bill. (4) While many of the individual distributed power hybrid systems components are either available or under development in existing private and public sector programs, the capabilities to integrate these components into workable distributed power hybrid systems that maximize benefits to consumers in a safe manner are deficient and not coherently being addressed. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``distributed power hybrid system'' means a system using 2 or more distributed power sources, operated together with associated supporting equipment, including storage equipment, and software necessary to provide electric power to the grid or on site; and (2) the term ``distributed power source'' means an independent electric energy source of usually 10 megawatts or less located close to a residential, commercial, or industrial load center, including-- (A) reciprocating engines; (B) turbines; (C) microturbines; (D) fuel cells; (E) solar electric systems; (F) wind energy systems; (G) biomass power systems; (H) geothermal power systems; or (I) electrical components of cogeneration systems. SEC. 4. STRATEGY. (a) Requirement.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Energy shall develop and transmit to the Congress a distributed power hybrid systems strategy showing-- (1) opportunities and priorities that might best be met with distributed power hybrid systems configurations; (2) what barriers exist to the use of distributed power hybrid systems; (3) what technology gaps need to be closed; and (4) what system integration tools are needed to plan, design, build, and operate distributed power hybrid systems for maximum benefits. (b) Elements.--The strategy may provide for development of-- (1) system integration tools for planning, designing, building, and operating economical, safe, and clean distributed power hybrid systems, including databases, computer models, software, and sensors, controls, and other integrating hardware; (2) tests of distributed power hybrid systems, including field tests with industry and cost-shared demonstrations of distributed power hybrid systems power parks and microgrids, to validate integrated performance and to give consumers, policymakers, and industry the confidence that distributed power hybrid systems work reliably, safely, and cleanly; (3) special design tools that can characterize the benefits and values of distributed power hybrid systems for consumers and enable virtual prototyping of distributed power hybrid systems to reduce testing needs and the time required to get the systems into the marketplace; (4) data to characterize grid operations, including interconnection requirements; and (5) precise resource assessment tools to map local resources for distributed power hybrid systems. (c) Implementation and Integration.--The Secretary of Energy shall implement the strategy transmitted under subsection (a), and activities pursuant to the strategy shall be integrated with other activities of the Department's Office of Distributed Energy Resources. SEC. 5. REPORT TO CONGRESS. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Energy shall transmit to the Congress a report on the use of, and experience with, distributed power hybrid systems in the United States, and the research and development issues remaining to ensure the successful application of distributed power hybrid systems. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Energy for carrying out this Act-- (1) $5,000,000 for fiscal year 2004; (2) $10,000,000 for fiscal year 2005; (3) $20,000,000 for fiscal year 2006; (4) $20,000,000 for fiscal year 2007; and (5) $5,000,000 for fiscal year 2008.

Distributed Power Hybrid Energy Act - Directs the Secretary of Energy to: (1) develop and transmit to Congress a distributed power hybrid systems strategy (involving two or more independent electric energy sources of usually ten megawatts or less each, located close to a residential, commercial, or industrial load center, including reciprocating engines, turbines, microturbines, fuel cells, solar electric systems, wind energy systems, biomass power systems, geothermal power systems, or electrical components of cogeneration systems); and (2) implement and integrate such strategy with other activities of the Department of Energy Office of Distributed Energy Resources.

To direct the Secretary of Energy to develop and implement a strategy for research, development, demonstration, and commercial application of distributed power hybrid energy systems, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Responsible Homeowners Act''. SEC. 2. AFFORDABLE REFINANCING OF MORTGAGES OWNED OR GUARANTEED BY FANNIE MAE AND FREDDIE MAC. (a) Definitions.--As used in this Act, the following definitions shall apply: (1) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (2) Enterprise.--The term ``enterprise'' means the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. (3) Qualified mortgage.--The term ``qualified mortgage'' means a mortgage that-- (A) is an existing first mortgage that was made for purchase of, or refinancing another first mortgage on, a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association, that is occupied by the mortgagor as the principal residence of the mortgagor; (B) is owned or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; and (C) the mortgagor is current on payments due under the mortgage. (4) Refinancing mortgage.--The term ``refinancing mortgage'' means a mortgage that meets the following requirements: (A) Refinancing of qualified mortgage.--The principal loan amount repayment of which is secured by the mortgage shall be used to satisfy all indebtedness under an existing qualified mortgage and any closing costs from the refinancing of the mortgage that the mortgagor chooses to include in the refinanced mortgage. (B) Single-family housing.--The property that is subject to the mortgage shall be the same property that is subject to the qualified mortgage being refinanced. (C) Interest rate.--The mortgage shall bear a fair rate of interest, which shall not exceed 40 basis points above the required net yield for a 60-day commitment to purchase a prime conventional conforming fixed rate mortgage as published by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation at the time the interest rate is locked in. (D) Loan to value.--The mortgage shall not be limited by the loan-to-value ratio. (E) Waiver of prepayment penalties.--All penalties for prepayment or refinancing of the qualified mortgage that is refinanced by the mortgage, and all fees and penalties related to the default or delinquency on such mortgage, shall have been waived or forgiven. (F) Term to maturity.--The mortgage shall have a term to maturity of not more than 40 years from the date of the beginning of the amortization of the mortgage. (b) Authority.--The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall each carry out a program under this section to provide for the refinancing of qualified mortgages on single-family housing owned by such enterprise through a refinancing mortgage, and for the purchase of and securitization of such refinancing mortgages, in accordance with this section and policies and procedures that the Director of the Federal Housing Finance Agency shall establish. Such program shall require the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation to purchase or guarantee the refinancing mortgage used to refinance a qualified mortgage upon the request of the mortgagee. (c) Prohibition on Loan Level Price Adjustments and Post Settlement Delivery Fees.--In carrying out the program established under this section, the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall not charge the mortgagee any up-front fee beyond the standard guarantee fee for the refinancing of the qualified mortgage through the refinancing mortgage. (d) Resubordination of Second Liens.--For any servicer or creditor holding a second lien on a qualified mortgage who refuses to resubordinate that lien, thereby preventing the refinancing of the qualified mortgage, new mortgages originated by that servicer or creditor shall be ineligible for purchase or guarantee by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. (e) Termination.--The requirement for an enterprise to refinance qualified mortgages under this section shall not apply to any request for refinancing made after the expiration of the 1-year period beginning on the date of the enactment of this Act. Notwithstanding the prior sentence, the Director, at his or her discretion, may extend the program established under this section, and the requirements of such program shall apply during any such extension, in 1-year increments. (f) Regulations.--The Director shall issue any regulations or guidance necessary to carry out the program established under this section. SEC. 3. NOTICE OF THE REFINANCING PROGRAM. The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall require each servicer of a mortgage owned or guaranteed by each such enterprise to inform each borrower of such mortgage of the refinancing program authorized and established under section 2. SEC. 4. REPORT. The Director shall, as part of the monthly Foreclosure Prevention & Refinance Report published by the Director, include information on the progress of the refinancing program authorized and established under section 2.

Helping Responsible Homeowners Act - Directs the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (government-sponsored enterprises or GSEs) each to carry out a one-year program providing for the refinancing of qualified single-family housing mortgages it owns through a refinancing mortgage (and for the purchase of and securitization of such refinancing mortgages) in accordance with this Act and the policies and procedures of the Federal Housing Finance Agency. Defines a qualified mortgage as one that: (1) is an existing first mortgage for purchase of, or refinancing another first mortgage on, a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association, that is occupied by the mortgagor as principal residence; (2) is owned or guaranteed by the particular GSE; and (3) the mortgagor is current on payments due under the mortgage.  Specifies the terms and conditions of a refinancing mortgage, including a 40-year term to maturity and a prohibition on borrower fees. Requires waiver or forgiveness of all fees and penalties related to any default or delinquency on the original mortgage. Prohibits the GSEs from charging a mortgagee any up-front fee beyond the standard guarantee fee for the refinancing of the qualified mortgage. Makes ineligible for purchase or guarantee by either GSE of any new mortgage originated by a servicer or creditor holding a second lien on a qualified mortgage who refuses to resubordinate that lien, and thereby prevents the refinancing of the qualified mortgage. Directs the GSEs to require each servicer of a mortgage owned or guaranteed by the GSE to inform each mortgage borrower of the refinancing program authorized and established under this Act.

A bill to provide for the affordable refinancing of mortgages held by Fannie Mae and Freddie Mac.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Israel Strategic Partnership Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The people and the Governments of the United States and Israel share a deep and unbreakable bond, forged by over 60 years of shared interests and shared values. (2) Today, the people and Governments of the United States and Israel are facing a dynamic and rapidly changing security environment in the Middle East and North Africa, necessitating deeper cooperation on a range of defense, security, and intelligence matters. (3) From Gaza, Hamas continues to deny Israel's right to exist and persists in firing rockets indiscriminately at population centers in Israel. (4) Hezbollah--with support from Iran--continues to stockpile rockets and may be seeking to exploit the tragic and volatile security situation within Syria. (5) The Government of Iran continues to pose a grave threat to the region and the world at large with its reckless uranium enrichment program and defiance of multiple United Nations Security Council resolutions. (6) The civil war in Syria is threatening the security of Syria's chemical weapons arsenal, which could be deployed against its own people or fall into the hands of terrorists. (7) Given these challenges, it is imperative that the United States continue to deepen cooperation with allies like Israel in pursuit of shared policy objectives. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to reaffirm the unwavering support of the United States for the security of Israel as a Jewish state; (2) to reaffirm the principals and objectives enshrined in the United States-Israel Enhanced Security Cooperation Act of 2012 (Public Law 112-150) and ensure its implementation to the fullest extent; (3) to reaffirm the importance of the 2007 United States- Israel Memorandum of Understanding on United States assistance to Israel and the semi-annual Strategic Dialogue between the United States and Israel; (4) to pursue every opportunity to deepen cooperation with Israel on a range of critical issues including defense, homeland, energy, and cyber security; (5) to continue to provide Israel with robust security assistance, including for the development, procurement, and maintenance of the Iron Dome Missile Defense System; and (6) to support the Government of Israel in its ongoing efforts to reach a negotiated political settlement with the Palestinian people that results in two states living side-by- side in peace and security. SEC. 4. SENSE OF CONGRESS ON ISRAEL AS A MAJOR STRATEGIC PARTNER. It is the sense of Congress that Israel is a Major Strategic Partner. SEC. 5. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY. (a) Department of Defense Appropriations Act, 2005.--Section 12001(d) of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011) is amended by striking ``more than 10 years after'' and inserting ``more than 11 years after''. (b) Foreign Assistance Act of 1961.--Section 514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking ``and 2014'' and inserting ``, 2014, and 2015''. SEC. 6. ELIGIBILITY OF ISRAEL FOR THE STRATEGIC TRADE AUTHORIZATION EXCEPTION TO CERTAIN EXPORT CONTROL LICENSING REQUIREMENTS. (a) Finding.--Congress finds that Israel-- (1) has declared its unilateral adherence to the Missile Technology Control Regime and the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies; (2) is a party to-- (A) the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, signed at Geneva October 10, 1980; (B) the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva June 17, 1925; and (C) the Convention on the Physical Protection of Nuclear Material, adopted at Vienna on October 26, 1979; and (3) is a country with a low risk of diversion of items subject to export controls. (b) Eligibility for Strategic Trade Authorization Exception.--The Secretary of Commerce shall take steps to include Israel in the list of countries eligible for the strategic trade authorization exception under section 740.20(c)(1) of title 15, Code of Federal Regulations, to the requirement for a license for the export, reexport, or in-country transfer of an item subject to controls under the Export Administration Regulations, consistent with the obligations of the United States pursuant to international agreements. SEC. 7. ENERGY, WATER, HOMELAND SECURITY, AGRICULTURE, AND ALTERNATIVE FUEL TECHNOLOGIES. (a) In General.--The President is authorized to carry out United States-Israel cooperative activities and to provide assistance promoting cooperation in the fields of energy, water, homeland security, agriculture, and alternative fuel technologies. (b) Requirements.--In carrying out subsection (a), the President is authorized to share and exchange with Israel research, technology, intelligence, information, equipment, and personnel that the President determines will advance the national security interests of the United States and is consistent with the Strategic Dialogue and pertinent provisions of law-- (1) by enhancing scientific cooperation between Israel and the United States; or (2) by the sale, lease, exchange in kind, or other techniques the President determines to be suitable. SEC. 8. REPORT ON ESTABLISHMENT OF UNITED STATES-ISRAEL CENTER OF EXCELLENCE ON CYBER SECURITY. Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the feasibility and advisability of establishing a joint United States-Israel Cyber Security Center for the purposes of sharing and advancing technologies related to the prevention of cybercrimes. SEC. 9. DESIGNATION OF ISRAEL AS VISA WAIVER PROGRAM COUNTRY. Section 217(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)) is amended-- (1) in the matter preceding subparagraph (A), by inserting ``subparagraph (G) and'' after ``Except as provided in''; and (2) by adding at the end the following: ``(G) Israel.--The State of Israel shall be designated as a program country on the date on which the Secretary of Homeland Security, after consultation with the Secretary of State, certifies that the Government of Israel-- ``(i) has complied with all of the requirements set forth in subparagraphs (B) through (F); and ``(ii) has made every reasonable effort, without jeopardizing the security of the State of Israel, to ensure that reciprocal travel privileges are extended to all United States citizens.''. SEC. 10. REPORT ON IMPLEMENTATION OF SECTION 4 OF THE UNITED STATES- ISRAEL ENHANCED SECURITY COOPERATION ACT OF 2012. Not later than 180 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committees on Armed Services of the Senate and the House of Representatives a comprehensive report on current and future efforts undertaken by the President to fulfill the objectives of section 4 of the United States-Israel Enhanced Security Cooperation Act (22 U.S.C. 8603).

United States-Israel Strategic Partnership Act of 2013 - Declares that Israel is a Major Strategic Partner of the United States. Amends the Israel Enhanced Security Cooperation Act of 2012 to extend authority to: (1) make additions to foreign-based defense stockpiles, and (2) transfer certain obsolete or surplus Department of Defense (DOD) items to Israel. Directs the Secretary of Commerce to take steps to make Israel eligible for the strategic trade authorization exception to the requirement for a license for the export, reexport, or in-country transfer of an item subject to certain export controls. Authorizes the President to carry out U.S.-Israel cooperative activities and to provide assistance for cooperation in the fields of energy, water, homeland security, agriculture, and alternative fuel technologies. Directs the President to report to Congress on the feasibility and advisability of establishing a joint United States-Israel Cyber Security Center. Includes Israel in the visa waiver program when Israel satisfies such program's inclusion requirements and provides, subject to security concerns, reciprocal travel privileges for U.S. citizens.

United States-Israel Strategic Partnership Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gila Bend Indian Reservation Lands Replacement Clarification Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In 1986, Congress passed the Gila Bend Indian Reservation Lands Replacement Act, Public Law 99-503, 100 Stat. 1798, to authorize the Tohono O'odham Nation to purchase up to 9,880 acres of replacement lands in exchange for granting all right, title and interest to the Gila Bend Indian Reservation to the United States. (2) The intent of the Gila Bend Indian Reservation Lands Replacement Act was to replace primarily agriculture land that the Tohono O'odham Nation was no longer able to use due to flooding by Federal dam projects. (3) In 1988, Congress passed the Indian Gaming Regulatory Act, which restricted the ability of Indian tribes to conduct gaming activities on lands acquired after the date of enactment of the Act. (4) Since 1986, the Tohono O'odham Nation has purchased more than 16,000 acres of land. The Tohono O'odham Nation does not currently game on any lands acquired pursuant to the Gila Bend Indian Reservation Lands Replacement Act. (5) Beginning in 2003, the Tohono O'odham Nation began taking steps to purchase approximately 134.88 acres of land near 91st and Northern Avenue in Maricopa County, within the City of Glendale (160 miles from the Indian tribe's headquarters in Sells). The Tohono O'odham Nation is now trying to have these lands taken into trust status by the Secretary of the Interior pursuant to the Gila Bend Indian Reservation Lands Replacement Act of 1986 (``Gila Bend Act''), and has asked the Secretary to declare these lands eligible for gaming, thereby allowing the Indian tribe to conduct Las Vegas style gaming on the lands. The Secretary has issued an opinion stating that he has the authority to take approximately 53.54 acres of these lands into trust status, and plans to do so when legally able to do so. (6) The State of Arizona, City of Glendale, and at least 12 Indian tribes in Arizona oppose the Tohono O'odham Nation gaming on these lands. No Indian tribe supports the Tohono O'odham Nation's efforts to conduct gaming on these lands. (7) The Tohono O'odham Nation's proposed casino violates existing Tribal-State gaming compacts and State law, Proposition 202, agreed to by all Arizona Indian tribes, which effectively limits the number of tribal gaming facilities in the Phoenix metropolitan area to seven, which is the current number of facilities operating. (8) The Tohono O'odham casino proposal will not generate sales taxes as the State Gaming Compact specifically prohibits the imposition of any taxes, fees, charges, or assessments. (9) The proposed casino would be located close to existing neighborhoods and a newly built school and raises a number of concerns. Homeowners, churches, schools, and businesses made a significant investment in the area without knowing that a tribal casino would or even could locate within the area. (10) The development has the potential to impact the future of transportation projects, including the Northern Parkway, a critical transportation corridor to the West Valley. (11) The Tohono O'odham Nation currently operates three gaming facilities: 2 in the Tucson metropolitan area and 1 in Why, Arizona. (12) Nothing in the language or legislative history of the Gila Bend Indian Reservation Lands Replacement Act indicates that gaming was an anticipated use of the replacement lands. (13) It is the intent of Congress to clarify that lands purchased pursuant to the Gila Bend Indian Reservation Lands Replacement Act are not eligible for Class II and Class III gaming pursuant to the Indian Gaming Regulatory Act. Such lands may be used for other forms of economic development by the Tohono O'odham Nation. SEC. 3. GAMING CLARIFICATION. Section 6(d) of Public Law 99-503 is amended by inserting ``except that no class II or class III gaming activities, as defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703), may be conducted on such land if such land is located north of latitude 33 degrees, 4 minutes north'' after ``shall be deemed to be a Federal Indian Reservation for all purposes''. SEC. 4. NO EFFECT. The limitation on gaming set forth in the amendment made by section 3 shall have no effect on any interpretation, determination, or decision to be made by any court, administrative agency or department, or other body as to whether any lands located south of latitude 33 degrees, 4 minutes north taken into trust pursuant to this Act qualify as lands taken into trust as part of a settlement of a land claim for purposes of title 25 U.S.C. 2719(b). Passed the House of Representatives June 19, 2012. Attest: KAREN L. HAAS, Clerk.

Gila Bend Indian Reservation Lands Replacement Clarification Act - Amends the Gila Bend Indian Reservation Lands Replacement Act to prohibit class II or III gaming activities on lands located north of latitude 33 degrees, 4 minutes north that the Tohono O'odham Nation was authorized to purchase in Arizona in exchange for granting the federal government all right, title, and interest to the Gila Bend Indian Reservation. Prohibits this gaming restriction from having any effect on any decision as to whether any lands located south of latitude 33 degrees, 4 minutes north and taken into trust pursuant to this Act qualify as lands taken into trust as part of a land claim settlement for purposes of determining whether gaming may be conducted on such lands.

To prohibit certain gaming activities on certain Indian lands in Arizona.

SECTION 1. CENTENNIAL CHALLENGE PROGRAM. Title III of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.), is amended by adding at the end the following: ``SEC. 316. AUTHORITY FOR COMPETITIVE PRIZE AWARD PROGRAM TO ENCOURAGE DEVELOPMENT OF ADVANCED SPACE AND AERONAUTICAL TECHNOLOGIES. ``(a) Program Authorized.--The Administrator may carry out a program, known as the Centennial Challenge Program, to award prizes to stimulate innovation in basic and applied research, technology development, and prototype demonstration that have the potential for application to the performance of the space and aeronautical activities of the Administration. ``(b) Program Requirements.-- ``(1) Competitive process.--Recipients of prizes under the program under this section shall be selected through one or more competitions conducted by the Administrator. ``(2) Advertisement of competitions.--The Administrator shall widely advertise any competitions conducted under the program. ``(c) Registration; Assumption of Risk.-- ``(1) Registration.--Each potential recipient of a prize in a competition under the program under this section shall register for the competition. ``(2) Assumption of risk.--In registering for a competition under paragraph (1), a potential recipient of a prize shall assume any and all risks, and waive claims against the United States Government and its related entities (including contractors and subcontractors at any tier, suppliers, users, customers, cooperating parties, grantees, investigators, and detailees), for any injury, death, damage, or loss of property, revenue, or profits, whether direct, indirect, or consequential, arising from participation in the competition, whether such injury, death, damage, or loss arises through negligence or otherwise, except in the case of willful misconduct. ``(d) Budgeting and Awarding of Funds.-- ``(1) Availability of funds.--Any funds appropriated to carry out this section shall remain available until expended, but for not more than 4 fiscal years. ``(2) Deposit and withdrawal of funds.--When a prize is offered, the total amount of funding made available for that prize shall be deposited in the Centennial Challenge Trust Fund. If funding expires before a prize is awarded, the Administrator shall deposit additional funds in the account to ensure the availability of funding for all prizes. If a prize competition expires before its goals are met, the Administrator may redesignate those funds for a new challenge, but any redesignated funds will be considered as newly deposited for the purposes of paragraph (3). All cash awards made under this section shall be paid from that account. ``(3) Overall limit.--The Administrator may not deposit more than $25,000,000 annually in the Centennial Challenge Trust Fund. ``(4) Maximum prize.--No competition under the program may result in the award of more than $1,000,000 in cash prizes without the approval of the Administrator. ``(e) Relationship to Other Authority.--The Administrator may exercise the authority in this section in conjunction with or in addition to any other authority of the Administrator to acquire, support, or stimulate basic and applied research, technology development, or prototype demonstration projects.''. SEC. 2. NATIONAL AERONAUTICS AND SPACE FOUNDATION. Title III of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.), as amended by section 1, is amended by adding at the end the following: ``SEC. 317. NATIONAL AERONAUTICS AND SPACE FOUNDATION. ``(a) In General.--There is established a charitable and nonprofit corporation to be known as the National Aeronautics and Space Foundation. ``(b) Purposes.--The purposes of the foundation are-- ``(1) to encourage private gifts of real and personal property or any income therefrom or other interest therein for the benefit of, or in connection with, NASA, its activities, or its services; and ``(2) to further the public's knowledge of and inspiration by the Earth, the Earth's atmosphere, space, and celestial bodies in space, for current and future generations of Americans. ``(c) Board of Directors.-- ``(1) In general.--The Foundation shall be governed by a board of directors of 6 individuals appointed by the Administrator, in consultation with the chairman and ranking member of the Senate Committee on Commerce, Science, and Transportation and of the House of Representatives Committee on Science. The Administrator shall designate 1 member to serve as chair. ``(2) Term of office.--Each member shall serve for a term of 6 years, except that of the members first appointed to the board-- ``(A) 1 member shall be appointed for a term of 1 year; ``(B) 1 member shall be appointed for a term of 2 years; ``(C) 1 member shall be appointed for a term of 3 years; ``(D) 1 member shall be appointed for a term of 4 years; ``(E) 1 member shall be appointed for a term of 5 years; and ``(F) 1 member shall be appointed for a term of 6 years. ``(3) Vacancies.--An individual appointed to fill a vacancy occurring other than by the expiration of a term shall be appointed for the remainder of the term of the former member the individual succeeds. ``(4) Status.--Membership on the Board shall not be deemed to be an office within the meaning of the statutes of the United States. ``(5) Administrator to serve ex officio.--The Administrator shall be a member of the board ex officio but without the right to vote. ``(6) By-laws.--Upon the appointment and qualification of all members of the board, the board may by majority vote adopt by-laws, adopt an official seal (which shall be judicially recognized), and establish a schedule for meetings and a mechanism for calling non-scheduled meetings. Except as provided in the preceding sentence and unless modified by the Board-- ``(A) a majority of the members serving shall consitute a quorum; and ``(B) the board shall meet at least once each year and at the call of the chair. ``(7) Compensation and expenses.--No compensation shall be paid to the members of the Board for their services as members, but they shall be reimbursed for actual and necessary traveling and subsistence expenses incurred by them in the performance of their duties as such members out of Foundation funds available to the Board for such purposes. ``(d) Powers and Duties.-- ``(1) In general.--Except as otherwise provided in this section, the Foundation shall have the powers of, and be subject to the limitations of, a charitable and nonprofit corporation provided under the laws of the State (or the District of Columbia) in which it is incorporated. ``(2) Perpetual succession; member liability.--The Foundation shall have perpetual succession, with all the usual powers and obligations of a corporation acting as a trustee, including the power to sue and to be sued in its own name, but the members of the Board shall not be personally liable, except for malfeasance. ``(3) Contracts; grants; other instruments.--The Foundation shall have the power to enter into contracts or grants, to execute instruments, and generally to do any and all lawful acts necessary or appropriate to its purposes as approved by the board. ``(4) Gifts; devises; bequests.-- ``(A) In general.--Except as provided in subparagraph (B), the Foundation may accept, receive, solicit, hold, administer, and use any gifts, devises, or bequests, either absolutely or in trust, of real or personal property or any income therefrom or other interest therein for the benefit of or in connection with, NASA, its activities, or its services, including a gift, devise, or bequest that is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of NASA, its activities, or its services. For purposes of this paragraph, an interest in real property includes easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. ``(B) Limitation.--The Foundation may not accept a gift, devise, or bequest which entails any expenditure other than from the resources of the Foundation. ``(e) Tax Status and Functions.-- ``(1) Tax-exempt status of foundation.--The Foundation and any income or property received or owned by it, and all transactions relating to such income or property, shall be exempt from all Federal, State, and local taxation with respect thereto. ``(2) In-lieu-of payments.--The Foundation may, in the discretion of the board-- ``(A) contribute toward the costs of local goverment in amounts not in excess of those which it would be obligated to pay such government if it were not exempt from taxation under paragraph (A) or by virtue of its being a charitable and nonprofit corporation; and ``(B) may contribute with respect to property transferred to it and the income derived therefrom if such agreement is a condition of the transfer. ``(3) Deductibility of contributions to foundation.--Gifts and other transfers made to or for the use of the Foundation shall be regarded as contributions, gifts, or transfers to or for the use of the United States. ``(f) Cooperative Work With NASA.-- ``(1) NASA support contracts.--The Administrator may contract with the Foundation for the performance of its duties and activities in support of the Administration. ``(2) NASA may not accept funds from foundation.--Neither NASA nor any employee thereof may be authorized to accept funds from the Foundation. ``(3) Foundation funding may not supplement appropriated funds activities.--Except as otherwise specifically provided by statute, the Foundation may not obligate or expend funds to directly supplement any program or activity of NASA, or any other Federal agency, for which appropriated funds may be obligated or expended. ``(g) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the National Aeronautics and Space Administration. ``(2) Board.--The term `board' means the board of directors of the Foundation. ``(3) Foundation.--The term `Foundation' means the National Aeronautics and Space Foundation established by subsection (a). ``(4) NASA.--The term `NASA' means the National Aeronautics and Space Administration.''.

Amends the National Aeronautics and Space Act of 1958 to: (1) authorize the Administrator of the National Aeronautics and Space Administration (NASA) to carry out a Centennial Challenge Program to award prizes to stimulate innovation in basic and applied research, technology development, and prototype demonstration that have the potential for application to the performance of NASA's space and aeronautical activities; and (2) establish a charitable and nonprofit corporation to be known as the National Aeronautics and Space Foundation to encourage private gifts of real and personal property for the benefit of, or in connection with, NASA and to further the public's knowledge of, and inspiration by, the Earth and space.

A bill to amend the National Aeronautics and Space Act of 1958 to establish a centennial challenge program and establish a National Aeronautics and Space Foundation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting America's Charities Act''. SEC. 2. SPECIAL RULE FOR QUALIFIED CONSERVATION CONTRIBUTIONS MODIFIED AND MADE PERMANENT. (a) Made Permanent.-- (1) Individuals.--Section 170(b)(1)(E) of the Internal Revenue Code of 1986 is amended by striking clause (vi). (2) Corporations.--Section 170(b)(2)(B) of such Code is amended by striking clause (iii). (b) Contributions of Capital Gain Real Property Made for Conservation Purposes by Native Corporations.-- (1) In general.--Section 170(b)(2) of such Code is amended by redesignating subparagraph (C) as subparagraph (D), and by inserting after subparagraph (B) the following new subparagraph: ``(C) Qualified conservation contributions by certain native corporations.-- ``(i) In general.--Any qualified conservation contribution (as defined in subsection (h)(1)) which-- ``(I) is made by a Native Corporation, and ``(II) is a contribution of property which was land conveyed under the Alaska Native Claims Settlement Act, shall be allowed to the extent that the aggregate amount of such contributions does not exceed the excess of the taxpayer's taxable income over the amount of charitable contributions allowable under subparagraph (A). ``(ii) Carryover.--If the aggregate amount of contributions described in clause (i) exceeds the limitation of clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(2)) as a charitable contribution to which clause (i) applies in each of the 15 succeeding years in order of time. ``(iii) Native corporation.--For purposes of this subparagraph, the term `Native Corporation' has the meaning given such term by section 3(m) of the Alaska Native Claims Settlement Act.''. (2) Conforming amendment.--Section 170(b)(2)(A) of such Code is amended by striking ``subparagraph (B) applies'' and inserting ``subparagraph (B) or (C) applies''. (3) Valid existing rights preserved.--Nothing in this subsection (or any amendment made by this subsection) shall be construed to modify the existing property rights validly conveyed to Native Corporations (within the meaning of section 3(m) of the Alaska Native Claims Settlement Act) under such Act. (c) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2013. SEC. 3. EXTENSION AND EXPANSION OF CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF FOOD INVENTORY. (a) Permanent Extension.--Section 170(e)(3)(C) of the Internal Revenue Code of 1986 is amended by striking clause (iv). (b) Increase in Limitation.--Section 170(e)(3)(C) of such Code, as amended by subsection (a), is amended by striking clause (ii), by redesignating clause (iii) as clause (iv), and by inserting after clause (i) the following new clauses: ``(ii) Limitation.--The aggregate amount of such contributions for any taxable year which may be taken into account under this section shall not exceed-- ``(I) in the case of any taxpayer other than a C corporation, 15 percent of the taxpayer's aggregate net income for such taxable year from all trades or businesses from which such contributions were made for such year, computed without regard to this section, and ``(II) in the case of a C corporation, 15 percent of taxable income (as defined in subsection (b)(2)(D)). ``(iii) Rules related to limitation.-- ``(I) Carryover.--If such aggregate amount exceeds the limitation imposed under clause (ii), such excess shall be treated (in a manner consistent with the rules of subsection (d)) as a charitable contribution described in clause (i) in each of the 5 succeeding years in order of time. ``(II) Coordination with overall corporate limitation.--In the case of any charitable contribution allowable under clause (ii)(II), subsection (b)(2)(A) shall not apply to such contribution, but the limitation imposed by such subsection shall be reduced (but not below zero) by the aggregate amount of such contributions. For purposes of subsection (b)(2)(B), such contributions shall be treated as allowable under subsection (b)(2)(A).''. (c) Determination of Basis for Certain Taxpayers.--Section 170(e)(3)(C) of such Code, as amended by subsections (a) and (b), is amended by adding at the end the following new clause: ``(v) Determination of basis for certain taxpayers.--If a taxpayer-- ``(I) does not account for inventories under section 471, and ``(II) is not required to capitalize indirect costs under section 263A, the taxpayer may elect, solely for purposes of subparagraph (B), to treat the basis of any apparently wholesome food as being equal to 25 percent of the fair market value of such food.''. (d) Determination of Fair Market Value.--Section 170(e)(3)(C) of such Code, as amended by subsections (a), (b), and (c), is amended by adding at the end the following new clause: ``(vi) Determination of fair market value.--In the case of any such contribution of apparently wholesome food which cannot or will not be sold solely by reason of internal standards of the taxpayer, lack of market, or similar circumstances, or by reason of being produced by the taxpayer exclusively for the purposes of transferring the food to an organization described in subparagraph (A), the fair market value of such contribution shall be determined-- ``(I) without regard to such internal standards, such lack of market, such circumstances, or such exclusive purpose, and ``(II) by taking into account the price at which the same or substantially the same food items (as to both type and quality) are sold by the taxpayer at the time of the contribution (or, if not so sold at such time, in the recent past).''. (e) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to contributions made after December 31, 2013, in taxable years ending after such date. (2) Limitation; applicability to c corporations.--The amendments made by subsection (b) shall apply to contributions made in taxable years beginning after December 31, 2013. SEC. 4. RULE ALLOWING CERTAIN TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENTS ACCOUNTS FOR CHARITABLE PURPOSES MADE PERMANENT. (a) In General.--Section 408(d)(8) of the Internal Revenue Code of 1986 is amended by striking subparagraph (F). (b) Effective Date.--The amendment made by this section shall apply to distributions made in taxable years beginning after December 31, 2013. SEC. 5. BUDGETARY EFFECTS. (a) Paygo Scorecard.--The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b) Senate Paygo Scorecard.--The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress).

Supporting America's Charities Act - Amends the Internal Revenue Code to make permanent: (1) the tax deduction for charitable contributions by individuals and corporations of real property interests for conservation purposes, and (2) tax-free distributions from individual retirement accounts (IRAs) for charitable purposes. Allows a tax deduction for charitable contributions for conservation purposes of property conveyed under the Alaska Native Claims Settlement Act by an Alaska Native Corporation. Modifies the tax deduction for charitiable contributions of food inventory to: (1) increase the amount of deductible food inventory contributions that taxpayers other than C corporations may make in any taxable year from 10% to 15% of their aggregate net income and to limit such amount for a C corporation to 15% of its taxable income; (2) permit a taxpayer who is not required to account for inventories or capitalize indirect costs to elect, solely for purposes of computing the amount of such deduction, to treat the basis of any apparently wholesome food (as defined in the Bill Emerson Good Samaritan Food Donation Act) as equal to 25% of the fair market value of such food and to set forth a formula for determining the fair market value of such food; and (3) make such deduction, as modified, permanent.

Supporting America's Charities Act

SECTION 1. RELEASE OR DETENTION OF A MATERIAL WITNESS. (a) Amendments to Title 18.--Section 3144 of title 18, United States Code, is amended to read as follows: ``Sec. 3144. Release or detention of a material witness ``(a) Arrest of Material Witness.-- ``(1) In general.--A judicial officer may order the arrest of a person as a material witness, if it appears from an affidavit filed by a party in a criminal case before a court of the United States, or by an attorney for the Government in a matter occurring before a Federal grand jury, that there is probable cause to believe that-- ``(A) the testimony of such person is material in such case or matter; and ``(B) the person has been served with a summons or subpoena and failed or refused to appear as required. ``(2) Exception.--A judicial officer may waive the summons or subpoena requirement described in paragraph (1)(B), if the judicial officer finds by clear and convincing evidence that the service of a summons or subpoena-- ``(A) is likely to result in the person fleeing; or ``(B) cannot adequately secure the appearance of the person as required. ``(b) Warrant for Material Witness.-- ``(1) Requirements.--A warrant issued under subsection (a) shall-- ``(A) contain the name of the material witness or, if the name of such witness is unknown, a name or description by which the witness can be identified with reasonable certainty; ``(B) specify that the testimony of the witness is sought in a criminal case or grand jury proceeding; ``(C) command that the witness be arrested and brought without unnecessary delay before a judicial officer; ``(D) inform the witness of the witness's right to retain counsel or to request that counsel be appointed if the witness cannot obtain counsel; and ``(E) be signed by a judicial officer. ``(2) Execution of warrant.-- ``(A) Arrest of witness.--A warrant issued under subsection (a) shall be executed by arresting the material witness. ``(B) Warrant to be provided to witness.-- ``(i) In general.--Upon arrest, an officer possessing the warrant shall show such warrant to the material witness. ``(ii) Warrant not in possession of arresting officer.--If an officer does not possess the warrant at the time of arrest of a material witness, an officer-- ``(I) shall inform the witness of the existence and purpose of the warrant; and ``(II) at the request of the witness, shall provide the warrant to the witness as soon as possible. ``(3) Return of warrant.-- ``(A) After execution.--After executing a warrant issued under subsection (a), an officer shall return the warrant to the judicial officer before whom the material witness is brought in accordance with subsection (c). ``(B) Unexecuted warrant.--At the request of an attorney for the United States Government, an unexecuted warrant shall be brought back to and canceled by a judicial officer. ``(c) Initial Appearance.-- ``(1) Appearance upon arrest.--A material witness arrested pursuant to a warrant issued under subsection (a) shall be brought without unnecessary delay before a judicial officer. ``(2) Place of initial appearance.--The initial appearance of a material witness arrested pursuant to a warrant issued under subsection (a) shall be-- ``(A) in the district of arrest; or ``(B) in an adjacent district if-- ``(i) the appearance can occur more promptly there; or ``(ii) the warrant was issued there and the initial appearance will occur on the day of the arrest. ``(3) Procedures.--At the initial appearance described in paragraph (2), a judicial officer shall-- ``(A) inform a material witness of-- ``(i) the warrant against the witness, and the application and affidavit filed in support of the warrant; and ``(ii) the witness's right to retain counsel or to request that counsel be appointed if the witness cannot obtain counsel; ``(B) allow the witness a reasonable opportunity to consult with counsel; ``(C) release or detain the witness as provided by subsection (d); and ``(D) if the initial appearance occurs in a district other than where the warrant issued, transfer the witness to such district, provided that the judicial officer finds that the witness is the same person named in the warrant. ``(d) Release or Detention.-- ``(1) In general.--Upon the appearance before a judicial officer of a material witness arrested pursuant to a warrant issued under subsection (a), the judicial officer shall order the release or detention of such witness. ``(2) Release.-- ``(A) In general.--A judicial officer shall order the release of a material witness arrested pursuant to a warrant issued under subsection (a) on personal recognizance or upon execution of an unsecured appearance bond under section 3142(b), or on a condition or combination of conditions under section 3142(c), unless the judicial officer determines by clear and convincing evidence that such release will not reasonably assure the appearance of the witness as required. ``(B) Testimony secured by deposition.--No material witness may be detained because of the inability of the witness to comply with any condition of release if the testimony of such witness can adequately be secured by deposition. ``(3) Detention.-- ``(A) No reasonable assurance of appearance.--If, after a hearing pursuant to the provisions of section 3142(f)(2), a judicial officer finds by clear and convincing evidence that no condition or combination of conditions will reasonably assure the appearance of a material witness as required by this section, such judicial officer may order that the witness be detained for a period not to exceed 5 days, or until the testimony of the witness can adequately be secured by deposition or by appearance before the court or grand jury, whichever is earlier. ``(B) Extension of detention.-- ``(i) In general.--Subject to clause (ii), upon the motion of a party (or an attorney for the United States Government in a matter occurring before a Federal grand jury), the period of detention under subparagraph (A) may be extended for additional periods of up to 5 days, or until the testimony of a material witness can adequately be secured by deposition or by appearance before the court or grand jury, whichever is earlier. ``(ii) Limit.--The total period of detention under this subparagraph may not exceed-- ``(I) 30 days, where the testimony of the witness is sought in a criminal case; or ``(II) 10 days, where the testimony of the witness is sought in a grand jury proceeding. ``(C) Good cause required.--A motion under subparagraph (B) shall demonstrate good cause for why the testimony of a material witness could not adequately be secured by deposition or by appearance before the court or grand jury during the previous 5- day period. ``(4) Factors to be considered.--A judicial officer, in determining whether a material witness should be released or detained-- ``(A) shall take into account the available information concerning the history and characteristics of the witness, including the information described in section 3142(g)(3)(A); and ``(B) may consider challenges to the basis of the warrant. ``(5) Contents of release order.--A release order issued under paragraph (2) shall comply with the requirements of paragraphs (1) and (2)(B) of section 3142(h). ``(6) Contents of detention order.--A detention order issued under paragraph (3) shall comply with the requirements of section 3142(i), provided that a judicial officer shall direct that a material witness be held-- ``(A) in a facility separate and apart, to the extent practicable, from persons charged with or convicted of a criminal offense; and ``(B) under the least restrictive conditions possible. ``(e) Report.-- ``(1) In general.--Notwithstanding any other provision of law, the Attorney General shall provide to the Committees on the Judiciary of the Senate and the House of Representatives an annual report regarding the use of this section by the United States Government during the preceding 1-year period. ``(2) Content of report.--A report required under paragraph (1) shall include-- ``(A) the number of warrants sought under subsection (a), and the number either granted or denied; ``(B) the number of material witnesses arrested pursuant to a warrant issued under subsection (a) whose testimony was not secured by deposition or by appearance before the court or grand jury, and the reasons therefore; and ``(C) the average number of days that material witnesses arrested pursuant to a warrant issued under subsection (a) were detained.''. (b) Amendment to Federal Rules of Civil Procedure.--Rule 46(h) of the Federal Rules of Criminal Procedure is amended to read as follows: ``(h) Supervising Detention Pending Trial.--To eliminate unnecessary detention, the court must supervise the detention within the district of any defendants awaiting trial and of any persons held as material witnesses.''.

Rewrites provisions of the federal criminal code regarding material witnesses. Authorizes a judicial officer (officer) to: (1) order the arrest of a person as a material witness if it appears from an affidavit filed by a party in a federal criminal case, or by a government attorney in a matter before a federal grand jury, that there is probable cause to believe that the person's testimony is material and that the person has been served with a summons or subpoena (summons) and has failed or refused to appear; and (2) waive the summons requirement upon finding by clear and convincing evidence that service is likely to result in the person fleeing or that the person's appearance cannot adequately be secured. Establishes warrant requirements, including that the witness be brought before a judicial officer without unnecessary delay and be informed of the right to counsel. Requires an officer, at the initial appearance, to: (1) inform a witness of the warrant and right to counsel; (2) allow the witness a reasonable opportunity to consult with counsel; and (3) release or detain the witness (authorizes detention where release will not reasonably assure the witness's appearance, but only if the testimony cannot adequately be secured by deposition). Limits the detention period. Requires: (1) a detention order to direct that a witness be held in a facility separate from persons charged with or convicted of a criminal offense, under the least restrictive conditions possible; and (2) the Attorney General to report annually to the House and Senate Judiciary Committees.

A bill to amend the material witness statute to strengthen procedural safeguards, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Heroin and Prescription Opioid Abuse Prevention, Education, and Enforcement Act of 2014''. SEC. 2. FINDINGS. (1) The Controlled Substances Act (21 U.S.C. 801 et seq.) declares that many controlled substances have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the people of the United States. (2) Health care professionals, medical experts, researchers, and scientists have found pain to be a major national health problem. (3) The responsible treatment of pain is a high priority for our Nation and the needs of individuals with pain must be taken into careful consideration when taking steps to prevent prescription drug misuse and abuse. (4) When no longer needed or wanted for legitimate pain management or health treatment, prescription opioids are susceptible to diversion. Prescription opioids also may be abused by individuals who were not prescribed such drugs or misused by individuals not taking such drugs as directed. (5) Approximately 4 out of 5 new heroin users report that they became addicted to prescription opioids before they used heroin for the first time. (6) According to the National Institute on Drug Abuse, heroin attaches to the same brain cell receptors as prescription opioids. (7) The low cost and high purity of currently available heroin has contributed to an increase in heroin use. (8) More people are using heroin, and are using heroin at a younger age. The National Survey on Drug Use and Health reports that new heroin users numbered 142,000 in 2010, and increased to 178,000 in 2011. In 2011, the average age at first use among heroin abusers between 12 and 49 years was 22.1 years. In 2009, the average age at first use among heroin abusers between 12 and 49 years was 25.5 years. (9) According to the Department of Health and Human Services, heroin use rose 79 percent nationwide between 2007 and 2012. (10) Deaths from heroin overdose have significantly increased in communities across the United States. According to the Centers for Disease Control and Prevention, the number of deaths involving heroin increased by 110 percent from 2006 to 2011. From 2010 to 2011, the number of heroin deaths rose from 3,036 to 4,397. (11) The Edward Byrne Memorial Justice Assistance Grant Program is critical to fighting the prescription opioid abuse and heroin use epidemics, and should be reauthorized and fully funded. SEC. 3. DEVELOPMENT OF BEST PRESCRIBING PRACTICES. (a) Inter-Agency Task Force.--Not later than 120 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), in cooperation with the Secretary of Veterans Affairs, the Secretary of Defense, and the Administrator of the Drug Enforcement Administration, shall convene a Pain Management Best Practices Inter-Agency Task Force (referred to in this section as the ``task force''). (b) Membership.--The task force shall be comprised of-- (1) representatives of-- (A) the Department of Health and Human Services; (B) the Department of Veterans Affairs; (C) the Department of Defense; (D) the Drug Enforcement Administration; and (E) the Institute of Medicine; (2) the Director of the National Institutes of Health; (3) physicians and non-physician prescribers; (4) pharmacists; (5) experts in the fields of pain research and addiction research; (6) representatives of-- (A) pain management professional organizations; (B) the mental health treatment community; and (C) pain advocacy groups; and (7) other stakeholders, as the Secretary determines appropriate. (c) Duties.--The task force shall-- (1) not later than 180 days after the date on which the task force is convened, develop best practices for pain management and prescription pain medication prescribing practices, taking into consideration-- (A) existing pain management research; (B) recommendations from relevant conferences; and (C) ongoing efforts at the State and local levels and by medical professional organizations to develop improved pain management strategies; (2) solicit and take into consideration public comment on the practices developed under paragraph (1), amending such best practices if appropriate; and (3) develop a strategy for disseminating information about the best practices developed under paragraphs (1) and (2) to prescribers, pharmacists, State medical boards, and other parties, as the Secretary determines appropriate. (d) Limitation.--The task force shall not have rulemaking authority. (e) Report.--Not later than 270 days after the date on which the task force is convened under subsection (a), the task force shall submit to Congress a report that includes-- (1) the strategy for disseminating best practices developed under subsection (c); (2) the results of a feasibility study on linking best practices developed under paragraphs (1) and (2) of subsection (c) to receiving and renewing registrations under section 303(f) of the Controlled Substances Act (21 U.S.C. 823(f)); and (3) recommendations on how to apply such best practices to improve prescribing practices at medical facilities of the Veterans Health Administration. SEC. 4. HAROLD ROGERS PRESCRIPTION DRUG MONITORING PROGRAM. (a) Authorization of Appropriations.--To carry out the Harold Rogers Prescription Drug Monitoring Program established under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 748), there is authorized to be appropriated $9,000,000 for each of fiscal years 2015 through 2019. (b) GAO Report.--Not later than October 1, 2016, the Comptroller General of the United States shall submit to Congress a report on the effectiveness of the Harold Rogers Prescription Drug Monitoring Program in reducing prescription drug abuse, and, to the extent practicable, any corresponding increase or decrease in the use of heroin. SEC. 5. REAUTHORIZATION OF BYRNE JUSTICE ASSISTANCE GRANT PROGRAM. Section 508 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3758) is amended by striking ``2006 through 2012'' and inserting ``2015 through 2019''. SEC. 6. OFFICE OF NATIONAL DRUG CONTROL POLICY. (a) Update of Plan To Account for Increased Heroin Use.--Not later than 180 days after the date of enactment of this Act, the Director of the Office of National Drug Control Policy shall revise the 2011 Prescription Drug Abuse Prevention Plan to reassess the approach under such plan to addressing prescription drug abuse in light of an increase in heroin use, and to outline actions or programs that can be carried out to reduce and prevent such abuse. (b) GAO Recommendations for Inter-Agency Coordination.--The Director shall ensure that the Office of National Drug Control Policy takes into account the report of the Government Accountability Office entitled ``Office of National Drug Control Policy: Office Could Better Identify Opportunities to Increase Program Coordination'' issued on March 26, 2013 (GAO-13-333), and identifies opportunities to enhance interagency coordination as part of the Prescription Drug Abuse Prevention Plan, as revised under subsection (a). SEC. 7. AWARENESS CAMPAIGNS. (a) In General.--The Secretary of Health and Human Services shall advance the education and awareness of providers, patients, and other appropriate stakeholders regarding the risk of abuse of prescription opioid drugs if such products are not taken as prescribed. (b) Drug-Free Media Campaign.-- (1) In general.--The Office of National Drug Control Policy, in coordination with the Secretary of Health and Human Services and the Attorney General, shall establish a national drug awareness campaign. (2) Requirements.--The national drug awareness campaign under paragraph (1) shall-- (A) take into account the association between prescription opioid abuse and heroin use; and (B) emphasize the similarities between heroin and prescription opioids and the effects of heroin and prescription opioids on the human body. (3) Available funds.--Funds for the national drug awareness campaign may be derived from amounts appropriated to the Office of National Drug Control Policy and otherwise available for obligation and expenditure.

Heroin and Prescription Opioid Abuse Prevention, Education, and Enforcement Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to convene a Pain Management Best Practices Inter-Agency Task Force. Reauthorizes the Harold Rogers Prescription Drug Monitoring Program through FY2019. Requires the Comptroller General (GAO) to report on the effectiveness of the program in reducing prescription drug abuse and any corresponding increase or decrease in the use of heroin. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to reauthorize the Edward Byrne Memorial Justice Assistance Grant Program through FY2019. Requires the Director of the Office of National Drug Control Policy (ONDCP) to: revise the 2011 Prescription Drug Abuse Prevention Plan to reassess the approach to addressing prescription drug abuse in light of an increase in heroin use and to outline actions or programs to reduce and prevent such abuse, and ensure that ONDCP takes into account a specified GAO report concerning program coordination and identifies opportunities to enhance interagency coordination as part of the Plan. Requires the Secretary to advance the education and awareness of providers, patients, and stakeholders regarding the risk of abuse of prescription opioid drugs if such products are not taken as prescribed. Directs ONDCP to establish a national drug awareness campaign that: takes into account the association between prescription opioid abuse and heroin use, and emphasizes the similarities between heroin and prescription opioids and the effects of these on the human body.

Heroin and Prescription Opioid Abuse Prevention, Education, and Enforcement Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Health Access District Act''. SEC. 2. DEFINITIONS. (a) Comprehensive Health Access District.--In this Act, the term ``comprehensive health access district'' means a community in which unemployment and the percentage of residents with incomes below the poverty line are greater than the national average, and in which a majority of the following conditions occur at rates greater than the national average: (1) Infant mortality and low birth-weight babies. (2) Proportion of children below the age of 5 who have not received age-appropriate routine child-hood immunizations. (3) Hospitalization for preventable illnesses and conditions that may be managed successfully on an outpatient basis, such as otitis media, diabetes, and hypertension. (4) Emergency room visits for nonemergency conditions. (5) Accidental injury. (6) Incidence of tuberculosis, acquired immune deficiency syndrome, Black Lung disease, or cancer. (7) Incidence of violent crimes. (b) Comprehensive Community-Based Health Access Plan.--In this Act, the terms ``comprehensive community-based health access plan'' and ``health access plan'' mean an entity that provides health care services on a prepaid, capitated basis or any other risk basis and that the Secretary has certified meets all the requirements contained in section 5. (c) Secretary.--In this Act, the term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. MEDICAID STATE PLAN REQUIREMENTS FOR COMPREHENSIVE HEALTH ACCESS DISTRICTS. Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) by striking the period at the end of paragraph (65) and inserting ``; and'', and (2) by inserting after paragraph (65) the following new paragraph: ``(66) provide that each comprehensive health access district located within the State is served by a comprehensive community-based health access district plan (as such terms are defined in section 2 of the Comprehensive Health Access District Act).''. SEC. 4. HEALTH ALLIANCE OBLIGATIONS WITH RESPECT TO COMPREHENSIVE HEALTH ACCESS DISTRICTS. Each Health Alliance or other health insurance purchasing cooperative created as a result of the enactment of comprehensive health care reform legislation that receives premiums on behalf of persons formerly insured under title XIX of the Social Security Act and whose boundaries encompass a comprehensive health access district shall insure that a least one comprehensive community-based health access plan is available to persons living in such district. SEC 5. COMPREHENSIVE COMMUNITY-BASED HEALTH ACCESS PLANS. (a) Organizational Requirements.-- (1) In general.--A health access plan must-- (A) be a public or private organization, organized under the laws of any State; (B) locate its primary place of business in the comprehensive health access district it serves; (C) give preference in hiring to otherwise qualified individuals who live within the comprehensive health access district; and (D) have made adequate provision against the risk of insolvency, which provision is satisfactory to the State and which assures that individuals enrolled in a plan are in no case liable for debt of the plan in case of the plan's insolvency. (2) Methods of providing against risk of insolvency.--The provisions against the risk of insolvency under paragraph (1)(D) may include-- (A) escrow or similar arrangements to ensure that funds for the payment of providers are available only for such payments and cannot be otherwise used by the plan; (B) reinsurance purchased by the plan of an amount which is reasonably adequate to insure against unexpected costs; (C) a demonstration of financial viability, as evidenced by the plan's obtaining a significant amount of reinsurance, line of credit, or performance bond; or (D) such other mechanisms and requirements as the State finds appropriate. (b) Service Requirements.-- (1) Basic benefits.--A health access plan shall provide, either directly or through arrangements with providers, the following basic benefits: (A) Hospital services, including inpatient, outpatient and 24-hour emergency services. (B) Emergency and ambulatory medical and surgical services. (C) Physicians' services. (D) Medical care other than physicians' services recognized under State law and furnished by licensed practitioners within the scope of their practice as defined by State law. (E) Dental services. (F) Vision services. (G) Preventive health care services (including children's eye and ear examinations to determine the need for vision and hearing correction, well child services, immunizations against vaccine-preventable diseases, and screening for elevated blood lead levels). (H) Outpatient laboratory, radiology, and diagnostic services. (I) Ambulance services. (J) Mental health and substance abuse services. (K) Family planning services and services for pregnant women. (L) Outpatient prescription drugs and biologicals. (2) Community-based health services.--In addition to providing the services described in paragraph (1), a health access plan shall-- (A) identify the most frequent causes of morbidity and mortality in the comprehensive health access district (such as acquired immune deficiency syndrome, tuberculosis, mental illness, substance abuse and addiction, childhood developmental disorders (particularly those caused by children's exposure to violence), asthma, teen pregnancy, unhealthy behaviors (such as smoking and high-fat diets), and lead poisoning); and (B) design and implement programs of prevention, early intervention, or treatment intended to ameliorate or eliminate the factors identified in subparagraph (A). (3) Coordination of services.--In addition to providing the services described in paragraphs (1) and (2), a health access plan must promote its enrollees' access to social, educational or economic services (such as child day care, nutritional services, vocational training, and adult literacy programs). (c) Service Network Requirements.-- (1) Basic service network.--A health access plan shall enter into arrangements with a sufficient number and variety of providers to guarantee that-- (A) the plan's enrollees have access to the services described in subsection (b); and (B) the provider network takes into account and is representative of the cultural identity and diversity of the community being served. (2) Traditional community providers.--A health access plan shall, to the extent feasible, draw upon health care providers currently serving the community, including health centers (as defined in section 330(a) of the Public Health Service Act) and hospitals operated by units of local government, in developing its service network. (3) Development of new health resources.--A health access plan shall develop new health resources in the community (such as schoolbased clinics, mobile screening programs, and clinics based in public housing) to meet needs that are not met by existing community resources. (d) Access Standards.--A health access plan shall insure that each individual enrolled in it-- (1) is linked with the primary care physician within the health access plan's provider network of the individual's choice and has access to that doctor on a 24-hour a day, 7-day a week basis; (2) has round-the-clock telephone access to a central program office for information purposes as well as to voice grievances; and (3) has access to interpreter services as necessary (where a significant proportion of the population in the community health access district is non-English speaking, the health access plan shall insure that a corresponding proportion of its health care providers have multilingual capability). (e) Quality Assurance Standards.--A health access plan shall establish and maintain a quality assurance program that includes at least the following activities: (1) Treatment standards.--A health access plan shall establish-- (A) minimum standards for treating patients that participating providers must satisfy; (B) a program of ongoing medical record reviews and other provider audits to insure compliance with the plan's treatment standards; and (C) a system of sanctions to insure that providers who do not comply with the plan's treatment standards will be penalized and, if found to be repeatedly out of compliance, terminated from participation in the health access plan service network. (2) Data collection.--A health access plan shall monitor morbidity and mortality within the comprehensive health access district and identify the leading causes of death and disease. (3) Member surveys.--A health access plan shall survey its enrollees on a regular basis to determine their satisfaction with the quality of services received. (4) Independent quality audits.--A health access plan shall be evaluated on a regular basis by an independent health care accrediting organization. (f) Effective Grievance Procedures.--A health access plan must provide for effective procedures for hearing and resolving grievances between the plan and individuals enrolled in the plan. (g) Confidentiality of Enrollee Records.-- (1) A health access plan shall ensure that information concerning its enrollees is protected from unauthorized disclosure by the plan, its employees or its providers. (2) To promote the coordination of benefits to health plan enrollees, a health access plan may disclose information about its enrollees to the extent necessary to facilitate the enrollee's receipt of services and assistance from other entities. SEC. 6. DESIGNATION OF COMPREHENSIVE HEALTH ACCESS DISTRICTS AND CERTIFICATION OF COMPREHENSIVE COMMUNITY-BASED HEALTH ACCESS PLANS. The Secretary shall designate a community that meets the criteria set forth in section 2(a) as a comprehensive health access district and shall certify an entity that meets the requirements set forth in section 5 as a comprehensive community-based health access plan. Each such certification and designation shall be reviewed every five years. The Secretary may delegate all or part of the certification function for health access plans to the State in which the health access plan operates. SEC. 7. NATIONAL HEALTH OUTCOMES RESEARCH AND EVALUATION. (a) Provision of Information.--In order to evaluate the performance of health access plans in improving the health status of persons living in comprehensive health access districts, each health access plan shall provide the Secretary, at a time and in a manner specified by the Secretary, at least the following information: (1) Information on the characteristics of enrollees that may affect their need for or use of health services. (2) Information on the types of treatments and services and outcomes of treatments with respect to the clinical health, functional status and well-being of enrollees. (3) Information on enrollee satisfaction. (4) Information on health care expenditures, volume and prices of procedures, and use of specialized services. (b) Analysis of Information.--The Secretary shall analyze the information reported by health access plans in order to report to Congress, the plans and the public, not less often than annually, on the following: (1) The health status of persons living in comprehensive health access district (particularly those indicators listed in section 2(a)). (2) The level and rate of expenditures by health access plans on medical services and other programs to improve health status. (3) The effectiveness of health access plans in improving health outcomes (particularly outcomes related to health indicators listed in section 2(a)). (c) Research.-- (1) The Secretary shall examine the relationship between socioeconomic factors and health status and, based on his findings, suggest interventions appropriate to comprehensive health access districts. (2) The Secretary may contract with non-governmental entities to perform this research. Persons undertaking this work shall have access to the information provided by the health access plans to the Secretary. SEC. 8. REGULATIONS AND EFFECTIVE DATE. (a) In General.--The Secretary shall promulgate regulations necessary to implement this Act. (b) Effective Date.--This Act shall take effect on July 1, 2000, without regard to whether or not final regulations to carry out this Act have been promulgated by such date.

Comprehensive Health Access District Act - Defines: (1) "comprehensive health access district" as a community in which unemployment and the percentage of residents with incomes below the poverty line are greater than the national average, and in which a majority of certain diseases and conditions occur at rates greater than the national average; and (2) "comprehensive community-based health access plan" as an entity that provides health care services on a prepaid, capitated basis, or any other risk basis, and that the Secretary of Health and Human Services has certified meets certain requirements. (Sec. 3) Amends title XIX (Medicaid) of the Social Security Act to require, among other things, that each Medicaid State plan provide that each comprehensive health access district located within the State is served by a comprehensive community-based health access district plan. (Sec. 4) Requires each Health Alliance or other health insurance purchasing cooperative created out of comprehensive health care reform legislation that receives premiums on behalf of persons formerly insured under Medicaid, and whose boundaries encompass a comprehensive health access district, to ensure that at least one comprehensive community-based health access plan is available to persons living in such district. (Sec. 5) Sets forth specified requirements for an entity to be certified as a comprehensive community-based health access plan. (Sec. 6) Requires the Secretary to designate a community a comprehensive health access district and to certify an entity as a comprehensive health access plan provided they meet certain criteria. (Sec. 7) Requires each health access plan, in order to evaluate its performance in improving the health status of persons living in comprehensive health access districts, to provide the Secretary with specified health-related information.

Comprehensive Health Access District Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Protection and Preparedness Act of 2016''. SEC. 2. RAIL SPILL PREPAREDNESS FUND. (a) In General.--Chapter 51 of title 49, United States Code, is amended by inserting after section 5110 the following: ``Sec. 5111. Rail spill preparedness fund ``(a) Establishment of Rail Account.--There is established in the Oil Spill Liability Trust Fund a separate account to be known as the `Rail Account' consisting of such amounts as may be appropriated, credited, deposited, or transferred to such account as provided in this section. ``(b) Fee for Certain Railroad Tank Cars Transporting Class 3 Flammable Liquids.--Not later than October 1, 2017, and annually thereafter, the Secretary shall impose a fee of $1,500 for each DOT-111 specification railroad tank car, including each CPC-1232 tank car, used to transport Class 3 flammable liquids during the previous fiscal year that, at the time such tank car was used, did not meet the DOT-117, DOT-117P, or DOT-117R specifications in part 179 of title 49, Code of Federal Regulations. Such fee shall be-- ``(1) paid by each person who causes such liquids to be transported by such a tank car in commerce; and ``(2) imposed regardless of-- ``(A) train composition; or ``(B) the phase-out schedule under section 7304(b) of the FAST Act (49 U.S.C. 20155 note). ``(c) Limitation.--A fee imposed pursuant to subsection (b) may not be imposed on a railroad carrier that transports Class 3 flammable liquids. ``(d) Means of Collection.--The Secretary shall prescribe procedures to collect the fees described in subsection (b). The Secretary may use a department, agency, or instrumentality of the United States Government or of a State or local government to collect the fee and may reimburse the department, agency, or instrumentality a reasonable amount for its services. ``(e) Deposits.--Amounts equivalent to the fees collected pursuant to subsection (b) shall be deposited into the Rail Account. ``(f) Expenditures.--Amounts deposited pursuant to subsection (e) shall be available to the Secretary, without need of further appropriation, only for the following purposes: ``(1) The payment of removal and remediation costs and other costs, expenses, claims, and damages related to an accident or incident involving the transportation of Class 3 flammable liquids by rail. ``(2) For the Secretary to make grants to States and Indian tribes to-- ``(A) to develop, improve, and carry out emergency plans under the Emergency Planning and Community Right- To-Know Act of 1986 (42 U.S.C. 11001 et seq.) related to an accident or incident involving the transportation of Class 3 flammable liquids by rail, including ascertaining flow patterns of Class 3 flammable liquids on lands under the jurisdiction of a State or Indian tribe and lands of another State or Indian tribe; ``(B) to develop and train regional hazardous material emergency response teams to prepare for an accident or incident involving the transportation of Class 3 flammable liquids by rail; ``(C) to train public sector employees to respond to accidents and incidents involving the transportation of Class 3 flammable liquids by rail consistent with the requirements of section 5116; and ``(D) for any other measures that the Secretary, in consultation with States and Indian tribes, determines necessary to assist such States and Indian tribes in preparing for accidents and incidents involving the transportation of Class 3 flammable liquids by rail. ``(g) Public Sector Training Standards.--To the extent that a grant under subsection (f) is used to train emergency responders, the State or Indian tribe shall ensure that the emergency responders who receive training under the grant have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving the transportation of hazardous material in accordance with existing regulations or National Fire Protection Association standards for competence of responders to accidents and incidents involving hazardous materials, including the transportation of Class 3 flammable liquids by rail. ``(h) No Effect on Compliance or Liability Under Federal or State Law.--Nothing in this section may be construed to affect or limit the application of, obligation to comply with, or liability under any Federal or State law. ``(i) Definitions.-- ``(1) Class 3 flammable liquid.--The term `Class 3 flammable liquid' has the meaning given the term flammable liquid in section 173.120(a) of title 49, Code of Federal Regulations. ``(2) Railroad carrier.--The term `railroad carrier' has the meaning given such term in section 20102.''. (b) Conforming Amendment.--The analysis for chapter 51 of title 49, United States Code, is amended by inserting after the item relating to section 5110 the following new item: ``5111. Rail spill preparedness fund.''. SEC. 3. INCREASED INSPECTIONS OF CERTAIN RAIL TRACK. (a) In General.--Not later than 9 months after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to require each Class I railroad carrier to inspect all track where an accident or incident involving the transportation of flammable liquids or material poisonous or toxic by inhalation by rail could affect a high consequence area, in accordance with a schedule prescribed by the Secretary. (b) Method of Inspection.--The inspections required under subsection (a) shall be carried out-- (1) on foot; and (2) periodically, by a gage restraint measurement system, as described in section 213.110 of title 49, Code of Federal Regulations. (c) Remedial Action.--If the individual making an inspection required under subsection (a) finds a deviation from the requirements of part 213 of title 49, Code of Federal Regulations, the individual shall immediately initiate remedial action. (d) Other Railroad Carriers.--Nothing in this section shall be construed to restrict the discretion of the Secretary to require railroad carriers other than Class I railroad carriers to inspect track in accordance with this section. In exercising such discretion, the Secretary shall consider the risk to the public and to railroad employees associated with the operations of the railroad carrier and the transportation of flammable liquids or material poisonous or toxic by inhalation by rail. (e) Definitions.--In this section: (1) High consequence area.--The term ``high consequence area'' means-- (A) a commercially navigable waterway, which means a waterway where a substantial likelihood of commercial navigation exists; (B) a high population area, which means an urbanized area, as defined and delineated by the Census Bureau, that contains 50,000 or more people and has a population density of at least 1,000 people per square mile; (C) an other populated area, which means a place, as defined and delineated by the Census Bureau, that contains a concentrated population, such as an incorporated or unincorporated city, town, village, or other designated residential or commercial area; or (D) an unusually sensitive area, including a drinking water or ecological resource area that is unusually sensitive to environmental damage. (2) Material poisonous or toxic by inhalation.--The term ``material poisonous or toxic by inhalation'' has the meaning given the terms material poisonous by inhalation and material toxic by inhalation in section 171.8 of title 49, Code of Federal Regulations. (3) Other definitions.--The definitions contained in section 20102 of title 49, United States Code, shall apply to this section. SEC. 4. TRACK SAFETY SPECIALISTS. There are authorized to be appropriated such sums as may be necessary for the Administrator of the Federal Railroad Administration to hire a minimum of 2 additional track safety specialists per region.

Community Protection and Preparedness Act of 2016 This bill requires the Department of Transportation (DOT), annually, to impose a $1,500 fee for each DOT-111 specification railroad tank car used to transport Class 3 flammable liquids during the previous fiscal year that did not meet DOT-117, DOT-117P, or DOT-117R specifications at the time it was used. Such fee shall be paid by each person who causes such liquids to be transported by such car in commerce and not by the railroad carrier that transports such liquids. Collected fees shall be deposited into a Rail Account established within the Oil Spill Liability Trust Fund and shall be available only for: (1) the payment of removal and remediation costs and other costs, expenses, claims, and damages related to an accident or incident involving the transportation of Class 3 flammable liquids by rail; and (2) DOT grants to states and Indian tribes to develop emergency plans and to train regional hazardous material emergency response teams and public employees responding to such an accident or incident. DOT shall issue such regulations as necessary to require each Class I railroad carrier to inspect all track where an accident or incident involving the transportation by rail of flammable liquids or material poisonous or toxic by inhalation could affect a "high consequence area" (a commercially navigable waterway, an area with a high or concentrated population, or an area that is unusually sensitive to environmental damage). The inspections shall be carried out on foot and by a gage restraint measurement system. An inspector who finds a deviation from requirements regarding track safety standards shall immediately initiate remedial action. Necessary amounts are authorized for the Federal Railroad Administration to hire at least two additional track safety specialists per region.

Community Protection and Preparedness Act of 2016

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. (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 in making political contributions or expenditures affecting 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 inserting after section 14B the following new section: ``SEC. 14C. SHAREHOLDER APPROVAL OF CERTAIN POLITICAL EXPENDITURES AND DISCLOSURE OF VOTES OF INSTITUTIONAL INVESTORS. ``(a) Shareholder Authorization for Political Expenditures.--Any solicitation of any proxy or consent or authorization in respect of any security of an issuer shall-- ``(1) contain a description of the specific nature of any expenditures for political activities proposed to be made by the issuer for the forthcoming fiscal year not previously approved, to the extent the specific nature is known to the issuer and including the total amount of such proposed expenditures; and ``(2) provide for a separate shareholder vote to authorize such proposed expenditures in such amount. ``(b) Requirements for Expenditures.--No issuer shall make any expenditure for political activities in any fiscal year unless-- ``(1) such expenditure is of the nature of those proposed by the issuer pursuant to subsection (a)(1); and ``(2) authorization for such expenditures has been granted by votes representing a majority of outstanding shares pursuant to subsection (a)(2). ``(c) Fiduciary Duty; Liability.--A violation of subsection (b) 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 individual or class of individuals who held shares at the time such expenditure was made for an amount equal to 3 times the amount of such expenditure. ``(d) Definition of Expenditure for Political Activities.--As used in this section: ``(1) The term `expenditure for political activities' means-- ``(A) an independent expenditure, as such term is defined in section 301(17) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(17)); ``(B) an electioneering communication, as such term is defined in section 304(f)(3) of such Act (2 U.S.C. 434(f)(3)) and any other public communication (as such term is defined in section 301(22) of such Act (2 U.S.C. 431(22))) that would be an electioneering communication if it were a broadcast, cable, or satellite communication; or ``(C) dues or other payments to trade associations or other tax exempt organizations that are, or could reasonably be anticipated to be, used or transferred to another association or organization for the purposes described in subparagraph (A) or (B). ``(2) Such term shall not include-- ``(A) direct lobbying efforts through registered lobbyists employed or hired by the issuer; ``(B) communications by an issuer to its shareholders and executive or administrative personnel and their families; or ``(C) the establishment and administration of contributions to a separate segregated fund to be utilized for political purposes by a corporation. ``(e) Disclosure of Votes.--Every institutional investment manager subject to section 13(f) shall report at least annually how it voted on any shareholder vote pursuant to subsection (a), unless such vote is otherwise required to be reported publicly by rule or regulation of the Commission. Not later than 6 months after the date of enactment of this section, the Commission shall issue rules and regulations to implement this subsection. Such rules shall require that such report be made not later than 30 days after such a vote and be made available to the public through the EDGAR system as soon as practicable. ``(f) Safe Harbor for Certain Divestment Decisions.-- Notwithstanding any other provision of Federal or State law, no person may bring any civil, criminal, or administrative action against any institutional investment manager, or any employee, officer, or director thereof, based solely upon a decision of the investment manager to divest from, or not to invest in, securities of an issuer because of expenditures for political activities made by that issuer. This subsection shall not apply to any institutional investment manager, or any employee, officer, or director thereof, unless the institutional investment manager makes disclosures in accordance with regulations prescribed by the Commission.''. SEC. 4. REQUIRED BOARD VOTE ON CORPORATE EXPENDITURES FOR POLITICAL ACTIVITIES. (a) Required Vote.--The Securities Exchange Act of 1934 is amended by adding after section 16 the following new section: ``SEC. 16A. REQUIRED BOARD VOTE ON CORPORATE EXPENDITURES FOR POLITICAL ACTIVITIES. ``(a) Listing on Exchanges.--Effective not later than 180 days after the date of enactment of this section, the Commission shall, by rule, direct the national securities exchanges and national securities associations to prohibit the listing of any class of equity security of an issuer that is not in compliance with the requirements of any portion of subsection (b). ``(b) Requirement for Vote in Corporate Bylaws.--The corporate bylaws of an issuer shall expressly provide for a vote of the directors of the issuer on any individual expenditure for political activities (as such term is defined in section 14C(d)(1)) in excess of $50,000, or any expenditure that makes the total amount spent by the issuer for the particular election (as such term is defined in section 301(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(1))) $50,000 or more. An issuer shall make publicly available the individual votes of the directors required by the preceding sentence within 48 hours of the vote, including in a clear and conspicuous location on the Internet website of the issuer.''. (b) No Effect on Determination of Coordination With Candidates or Campaigns.--For purposes of determining whether an expenditure for political activities by an issuer under the Securities Exchange Act of 1934 is an independent expenditure under the Federal Election Campaign Act of 1971, the expenditure may not be treated as made in concert or cooperation with, or at the request or suggestion of, any candidate or committee solely on the grounds that any director of the issuer voted on the expenditure as required under section 16A(b) of the Securities Exchange Act of 1934 (as added by subsection (a)). SEC. 5. 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: ``(r) Reporting Requirements Relating to Certain Political Expenditures.-- ``(1) Quarterly reports.--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 14C(d)(1)) made during the preceding quarter and the individual votes by board members authorizing such expenditures as required under section 16A(b). Such a report shall be filed with the Commission and provided to shareholders and shall include-- ``(A) the date of each expenditure; ``(B) the amount of each expenditure; ``(C) if the expenditure was made for or against a candidate, the name of the candidate, the office sought by and the political party affiliation of the candidate; and ``(D) the name or identity of trade associations or other tax-exempt organizations which receive dues or other payments as described in section 14C(d)(1)(B). ``(2) Annual reports.--Not later than 180 days after the date of enactment of this subsection, the Commission shall, by rule, require each issuer to include in its annual report to shareholders an annual summary of all expenditures for political activities (as such term is defined in section 14C(d)(1)) made during the preceding year in excess of $10,000. ``(3) Disclosure of materials purchased by political expenditures.--The Commission shall, by rule, require each issuer to obtain and disclose in the reports required under this section, any materials created with or purchased by any expenditure for political activities (as such term is defined in section 14C(d)) made by the issuer. Such rule shall also require that each issuer disclose such materials in a clear and conspicuous location on the Internet website of the issuer within 48 hours of obtaining the materials. ``(4) 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 and through the EDGAR system in a manner that is searchable, sortable, and downloadable, consistent with the requirements of section 24.''. SEC. 6. REPORTS. The Securities and Exchange Commission shall annually assess the compliance of public corporations and their management with the requirements of the amendments made by this Act, and shall transmit to Congress an annual report of its findings. The Comptroller General of the United States shall periodically evaluate and report to Congress on the effectiveness of the Securities and Exchange Commission's oversight of the reporting and disclosure requirements of the amendments made by this Act. SEC. 7. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby.

Shareholder Protection Act of 2010 - (Sec. 3) Amends the Securities Exchange Act of 1934 to require that any solicitation of a proxy, consent, or authorization with respect to any security of an issuer: (1) describe the specific nature and total amount of expenditures proposed for political activities for the forthcoming fiscal year; and (2) provide for a separate shareholder vote to authorize such proposed expenditures. Prohibits an issuer from making an expenditure for political activities in any fiscal year unless: (1) such expenditure meets the requirements of this Act; and (2) authorization for such expenditure has been granted by votes representing a majority of outstanding shares. Deems a violation of such prohibition a breach of the fiduciary duty of the officers and directors who authorized the expenditure. Subjects officers and directors who authorize the expenditure without prior shareholder authorization to joint and several liability to any individual shareholder or class of individuals who held shares at the time of such expenditure for three times the expenditure's amount. Requires institutional investment managers to disclose annually in mandatory reports how they voted on corporate political expenditures. Requires the Securities and Exchange Commission (SEC) to promulgate regulations requiring: (1) investment managers to report how they voted within 30 days after the vote; and (2) the report to be made available to the public through the EDGAR system. Prohibits any person from bringing any civil, criminal, or administrative action against an institutional investment manager, or any of its employees, officers, or directors, based solely upon the investment manager's decision to either divest from, or not to invest in, the securities of an issuer based upon political expenditures made by that issuer. Applies this prohibition only to an institutional investment manager, or its employees, officers, or directors, that makes such disclosures in accordance with SEC regulations. (Sec. 4) Requires the SEC to direct the national securities exchanges and national securities associations to prohibit the listing of any class of equity security of an issuer whose corporate bylaws do not expressly provide for a vote by its board of directors on any individual expenditure: (1) for political activities in excess of $50,000; or (2) that makes the total expenditures by the issuer for a particular election $50,000 or more. Requires an issuer to make the individual votes of the directors regarding any such expenditure publicly available within 48 hours. (Sec. 5) Directs the SEC to: (1) require issuers to disclose expenditures for political activities made during the preceding quarter, along with specified details, and the individual votes by board members authorizing such expenditures; (2) make such reports publicly available on its SEC website and through the EDGAR system; and (3) require each issuer to include in its annual report to shareholders a summary of all expenditures for political activities made during the preceding year in excess of $10,000. Directs the SEC to require each issuer to: (1) obtain and disclose in its mandatory reports any materials created with or purchased by any expenditure for political activities; and (2) disclose such materials in a clear and conspicuous location on its Internet website within 48 hours of obtaining the materials. (Sec. 6) Directs the SEC to assess and report to Congress annually on the compliance of public corporations and their management with the requirements of this Act. Requires the Comptroller General to evaluate and report periodically to Congress on the effectiveness of the SEC's oversight of its reporting and disclosure requirements.

To amend the Securities Exchange Act of 1934 to require shareholder authorization before a public company may make certain political expenditures, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marketplace Fairness Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that States should have the ability to enforce their existing sales and use tax laws and to treat similar sales transactions equally, without regard to the manner in which the sale is transacted, and the right to collect--or decide not to collect--taxes that are already owed under State law. SEC. 3. AUTHORIZATION TO REQUIRE COLLECTION OF SALES AND USE TAXES. (a) Streamlined Sales and Use Tax Agreement.--Each Member State under the Streamlined Sales and Use Tax Agreement is authorized to require all sellers not qualifying for a small seller exception to collect and remit sales and use taxes with respect to remote sales sourced to that Member State pursuant to the provisions of the Streamlined Sales and Use Tax Agreement. Such authority shall commence beginning no earlier than the first day of the calendar quarter that is at least 90 days after the date of the enactment of this Act. (b) Alternative.-- (1) In general.--A State that is not a Member State under the Streamlined Sales and Use Tax Agreement is authorized to require all sellers not qualifying for the small seller exception to collect and remit sales and use taxes with respect to remote sales sourced to that State, but only if the State adopts and implements minimum simplification requirements. Such authority shall commence beginning no earlier than the first day of the calendar quarter that is at least 6 months after the date that the State enacts legislation to implement each of the following minimum simplification requirements: (A) Provide-- (i) a single State-level agency to administer all sales and use tax laws, including the collection and administration of all State and applicable locality sales and use taxes for all sales sourced to the State made by remote sellers, (ii) a single audit for all State and local taxing jurisdictions within that State, and (iii) a single sales and use tax return to be used by remote sellers and single and consolidated providers and to be filed with the State-level agency. (B) Provide a uniform sales and use tax base among the State and the local taxing jurisdictions within the State. (C) Require remote sellers and single and consolidated providers to collect sales and use taxes pursuant to the applicable destination rate, which is the sum of the applicable State rate and any applicable rate for the local jurisdiction into which the sale is made. (D) Provide-- (i) adequate software and services to remote sellers and single and consolidated providers that identifies the applicable destination rate, including the State and local sales tax rate (if any), to be applied on sales sourced to the State, and (ii) certification procedures for both single providers and consolidated providers to make software and services available to remote sellers, and hold such providers harmless for any errors or omissions as a result of relying on information provided by the State. (E) Hold remote sellers using a single or consolidated provider harmless for any errors and omissions by that provider. (F) Relieve remote sellers from liability to the State or locality for collection of the incorrect amount of sales or use tax, including any penalties or interest, if collection of the improper amount is the result of relying on information provided by the State. (G) Provide remote sellers and single and consolidated providers with 30 days notice of a rate change by any locality in the State. (2) Treatment of local rate changes.--For purposes of this subsection, local rate changes may only be effective on the first day of a calendar quarter. Failure to provide notice under paragraph (1)(G) shall require the State and locality to hold the remote seller or single or consolidated provider harmless for collecting tax at the immediately preceding effective rate during the 30-day period. Each State must provide updated rate information as part of the software and services required by paragraph (1)(D). (c) Small Seller Exception.--A State shall be authorized to require a remote seller, or a single or consolidated provider acting on behalf of a remote seller, to collect sales or use tax under this Act if the remote seller has gross annual receipts in total remote sales in the United States in the preceding calendar year exceeding $500,000. For purposes of determining whether the threshold in this subsection is met, the sales of all persons related within the meaning of subsections (b) and (c) of section 267 or section 707(b)(1) of the Internal Revenue Code of 1986 shall be aggregated. SEC. 4. TERMINATION OF AUTHORITY. The authority granted by this Act shall terminate on the date that the highest court of competent jurisdiction makes a final determination that the State no longer meets the requirements of this Act, and the determination of such court is no longer subject to appeal. SEC. 5. LIMITATIONS. (a) In General.--Nothing in this Act shall be construed as-- (1) subjecting a seller or any other person to franchise, income, occupation, or any other type of taxes, other than sales and use taxes, (2) affecting the application of such taxes, or (3) enlarging or reducing State authority to impose such taxes. (b) No Effect on Nexus.--No obligation imposed by virtue of the authority granted by this Act shall be considered in determining whether a seller or any other person has a nexus with any State for any tax purpose other than sales and use taxes. (c) Licensing and Regulatory Requirements.--Other than the limitation set forth in subsection (a), and section 3, nothing in this Act shall be construed as permitting or prohibiting a State from-- (1) licensing or regulating any person, (2) requiring any person to qualify to transact intrastate business, (3) subjecting any person to State taxes not related to the sale of goods or services, or (4) exercising authority over matters of interstate commerce. (d) No New Taxes.--Nothing in this Act shall be construed as encouraging a State to impose sales and use taxes on any goods or services not subject to taxation prior to the date of the enactment of this Act. (e) Intrastate Sales.--The provisions of this Act shall only apply to remote sales and shall not apply to intrastate sales or intrastate sourcing rules. States granted authority under section 3(a) shall comply with the intrastate provisions of the Streamlined Sales and Use Tax Agreement. SEC. 6. DEFINITIONS AND SPECIAL RULES. In this Act: (1) Consolidated provider.--The term ``consolidated provider'' means any person certified by a State who has the rights and responsibilities for sales and use tax administration, collection, remittance, and audits for transactions serviced or processed for the sale of goods or services made by remote sellers on an aggregated basis. (2) Locality; local.--The terms ``locality'' and ``local'' refer to any political subdivision of a State. (3) Member state.--The term ``Member State''-- (A) means a Member State as that term is used under the Streamlined Sales and Use Tax Agreement as in effect on the date of the enactment of this Act, and (B) does not include any associate member under the Streamlined Sales and Use Tax Agreement. (4) Person.--The term ``person'' means an individual, trust, estate, fiduciary, partnership, corporation, limited liability company, or other legal entity, and a State or local government. (5) Remote sale.--The term ``remote sale'' means a sale of goods or services attributed to a State with respect to which a seller does not have adequate physical presence to establish nexus under Quill Corp. v. North Dakota, 504 U.S. 298 (1992). (6) Remote seller.--The term ``remote seller'' means a person that makes remote sales. (7) Single provider.--The term ``single provider'' means any person certified by a State who has the rights and responsibilities for sales and use tax administration, collection, remittance, and audits for transactions serviced or processed for the sale of goods or services made by remote sellers. (8) Sourced.--For purposes of a State granted authority under section 3(b), the location to which a remote sale is sourced refers to the location where the item sold is received by the purchaser, based on the location indicated by instructions for delivery that the purchaser furnishes to the seller. When no delivery location is specified, the remote sale is sourced to the customer's address that is either known to the seller or, if not known, obtained by the seller during the consummation of the transaction, including the address of the customer's payment instrument if no other address is available. If an address is unknown and a billing address cannot be obtained, the remote sale is sourced to the address of the seller from which the remote sale was made. A State granted authority under section 3(a) shall comply with the sourcing provisions of the Streamlined Sales and Use Tax Agreement. (9) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. (10) Streamlined sales and use tax agreement.--The term ``Streamlined Sales and Use Tax Agreement'' means the multi- State agreement with that title adopted on November 12, 2002, as in effect on the date of the enactment of this Act and as further amended from time to time. SEC. 7. SEVERABILITY. If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provisions of such to any person or circumstance shall not be affected thereby.

Marketplace Fairness Act - Expresses the sense of Congress that states should be able to enforce their existing sales and use tax laws and to treat similar sales transactions equally, without regard to the manner in which the sale is transacted, and to collect, or decide not to collect, taxes that are owed under state law. Authorizes each member state under the Streamlined Sales and Use Tax Agreement (the multistate agreement for the administration and collection of sales and use taxes adopted on November 12, 2002) to require all sellers not qualifying for a small-seller exception (sellers with annual gross receipts in total U.S. remote sales of less than $500,000) to collect and remit sales and use taxes with respect to remote sales under provisions of the Agreement. Defines "remote sale" as a sale of goods or services attributed to a state with respect to which a seller does not have adequate physical presence to establish a nexus with the state. Allows a state that is not a member state under the Agreement to require sellers to collect and remit sales and use taxes with respect to remote sales sourced to such state if the state adopts and implements certain minimum simplification requirements, including: (1) providing a single state agency to administer all sales and use taxes, (2) establishing a uniform sales and use tax base, (3) relieving remote sellers from liability to the state or a locality for collection of the incorrect amount of sales or use tax based on information provided by the state, and (4) providing remote sellers 30 days' notice of a tax rate change by any locality in the state.

A bill to restore States' sovereign rights to enforce State and local sales and use tax laws, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crime Victims' Bill of Rights Act''. SEC. 2. VICTIMS' STATEMENT IN FEDERAL CASES. Rule 32 of the Federal Rules of Criminal Procedure is amended-- (1) by striking ``and'' at the end of subdivision (a)(1)(B); (2) by striking the period at the end of subdivision (a)(1)(C) and inserting ``; and''; (3) by inserting after subdivision (a)(1)(C) the following: ``(D) address personally any victim of the offense for which sentence is to be imposed (or a member of that victim's immediate family or, in the discretion of the court, any other appropriate person representing the victim) who is present at the sentencing hearing, and afford the individual so addressed the opportunity to make a statement and present information in relation to the sentence.''; (4) in the penultimate sentence of subdivision (a)(1), by striking ``equivalent opportunity'' and inserting ``opportunity equivalent to that of the defendant's counsel''; and (5) by adding at the end of subdivision (a)(1) the following: ``Upon request by a victim, the court may hear in camera such a statement by that victim.''. SEC. 3. RIGHT OF VICTIMS OF STATE OFFENSES TO BE INFORMED ABOUT VICTIM COMPENSATION AND ASSISTANCE PROGRAMS. Section 1403(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(b) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by inserting after paragraph (7) the following: ``(8) such State provides an effective system of notice to crime victims of the existence of compensation and other programs to assist victims of crime in which those victims might be eligible to participate; and''; and (3) by redesignating existing paragraph (8) as paragraph (9). SEC. 4. RIGHT OF VICTIMS IN COURT PROCEEDINGS. (a) Separation of Victim from Accused.--Section 501(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended-- (1) by striking the period at the end of paragraph (21) and adding ``; and''; and (2) by adding at the end the following: ``(22) programs that allow for the physical and visual separation of a victim of crime from an alleged perpetrator of such crime while waiting in a judicial facility for a courtroom appearance.''. (b) Formula Grant Reduction for Noncompliance.--Section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding at the end the following: ``(g) In order not to reduce the funds available under this subpart by 25 percent (for redistribution to other participating States), a State shall, on the first day of each fiscal year succeeding the first fiscal year beginning after September 30, 1994-- ``(1) notify a victim of crime of the availability of visual and physical separation from an alleged perpetrator of such crime while waiting in a judicial facility for a courtroom appearance; ``(2) provide such victim the opportunity for visual and physical separation from an alleged perpetrator of such crime while waiting in a judicial facility for a courtroom appearance; ``(3) provide a victim of crime with the earliest possible notice of the scheduling of each court proceeding or parole hearing that the witness is either required or entitled to attend; and ``(4) address personally any victim of the offense for which sentence is to be imposed (or a member of that victim's immediate family or, in the discretion of the court, any other appropriate person representing the victim) who is present at the sentencing hearing, and afford the individual so addressed the opportunity to make a statement and present information in relation to the sentence.''. SEC. 5. FEDERAL VICTIMS RIGHTS TO BE INFORMED ABOUT COMPENSATION PROGRAMS AND TO SEPARATE WAITING FACILITIES. The Attorney General shall assure that Federal prosecutors and law enforcement officials-- (1) provide an effective system of notice to crime victims of the existence of compensation and other programs to assist victims of crime in which those victims might be eligible to participate; (2) notify victims of Federal crime of the availability of visual and physical separation from alleged perpetrators of such crime while waiting in a judicial facility for a courtroom appearance; (3) provide victims of Federal crime the opportunity for visual and physical separation from alleged perpetrators of such crime while waiting in a judicial facility for a courtroom appearance; and (4) provide a victim of crime with the earliest possible notice of the scheduling of each court proceeding or parole hearing that the witness is either required or entitled to attend.

Crime Victims' Bill of Rights Act - Amends Rule 32 of the Federal Rules of Criminal Procedure to require the court, before imposing sentence, to address personally any victim of the offense for which sentence is to be imposed (or a member of that victim's immediate family or, in the court's discretion, any other appropriate person representing the victim) who is present at the sentencing hearing and to afford such individual the opportunity to make a statement and present information in relation to the sentence. Permits the court, upon request by a victim, to hear in camera such a statement by that victim. Amends the Victims of Crime Act of 1984 to condition Federal grant eligibility of crime victim compensation programs on a State providing an effective system of notice to eligible victims of the existence of compensation and other programs to assist victims of crime. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) authorize drug control and system improvement grants to States to be used for programs that allow for the physical and visual separation of a victim of crime from an alleged perpetrator of such crime while waiting in a judicial facility for a courtroom appearance; and (2) provide for a reduction of formula grants by 25 percent (for redistribution to other participating States) for States which fail to notify a crime victim of specified rights. Directs the Attorney General to assure that Federal prosecutors and law enforcement officials: (1) provide an effective system of notice to crime victims of the existence of compensation and other programs to assist victims who might be eligible to participate; (2) notify crime victims of the availability of, and provide such victims the opportunity for, visual and physical separation from alleged crime perpetrators while waiting in a judicial facility for a courtroom appearance; and (3) provide a crime victim with the earliest possible notice of the scheduling of each court proceeding or parole hearing that the witness is required or entitled to attend.

Crime Victims' Bill of Rights Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Armed Forces Protection Act of 1996''. SEC. 2. FINDINGS AND CONGRESSIONAL POLICY. (a) Findings.--Congress finds as follows: (1) The President has made United Nations peace operations a major component of the foreign and security policies of the United States. (2) The President has committed United States military personnel under United Nations operational control to missions in Haiti, Croatia, and Macedonia that could endanger those personnel. (3) The President has deployed over 22,000 United States military personnel to the former Yugoslavia as peacekeepers under NATO operational control to implement the Dayton Peace Accord of December 1995. (4) Although the President has insisted that he will retain command of United States forces at all times, in the past this has meant administrative control of United States forces only, while operational control has been ceded to United Nations commanders, some of whom were foreign nationals. (5) The experience of United States forces participating in combined United States-United Nations operations in Somalia, and in combined United Nations-NATO operations in the former Yugoslavia, demonstrate that prerequisites for effective military operations such as unity of command and clarity of mission have not been met by United Nations command and control arrangements. (6) Despite the many deficiencies in the conduct of United Nations peace operations, there may be unique occasions when it is in the national security interests of the United States to participate in such operations. (b) Policy.--It is the sense of Congress that-- (1) the President should fully comply with all applicable provisions of law governing the deployment of the Armed Forces of the United States to United Nations peacekeeping operations; (2) the President should consult closely with Congress regarding any United Nations peace operation that could involve United States combat forces and that such consultations should continue throughout the duration of such activities; (3) the President should consult with Congress before a vote within the United Nations Security Council on any resolution which would authorize, extend, or revise the mandate for any such activity; (4) in view of the complexity of United Nations peace operations and the difficulty of achieving unity of command and expeditious decisionmaking, the United States should participate in such operations only when it is clearly in the national security interest to do so; (5) United States combat forces should be under the operational control of qualified commanders and should have clear and effective command and control arrangements and rules of engagement (which do not restrict their self-defense in any way) and clear and unambiguous mission statements; and (6) none of the Armed Forces of the United States should be under the operational control of foreign nationals in United Nations peace enforcement operations except in the most extraordinary circumstances. (c) Definitions.--For purposes of subsections (a) and (b): (1) The term ``United Nations peace enforcement operations'' means any international peace enforcement or similar activity that is authorized by the United Nations Security Council under chapter VII of the Charter of the United Nations. (2) The term ``United Nations peace operations'' means any international peacekeeping, peacemaking, peace enforcement, or similar activity that is authorized by the United Nations Security Council under chapter VI or VII of the Charter of the United Nations. SEC. 3. PLACEMENT OF UNITED STATES FORCES UNDER UNITED NATIONS OPERATIONAL OR TACTICAL CONTROL. (a) In General.--(1) Chapter 20 of title 10, United States Code, is amended by inserting after section 404 the following new section: ``Sec. 405. Placement of United States forces under United Nations operational or tactical control: limitation ``(a) Limitation.--Except as provided in subsections (b) and (c), funds appropriated or otherwise made available for the Department of Defense may not be obligated or expended for activities of any element of the armed forces that after the date of the enactment of this section is placed under United Nations operational or tactical control, as defined in subsection (f). ``(b) Exception for Presidential Certification.--(1) Subsection (a) shall not apply in the case of a proposed placement of an element of the armed forces under United Nations operational or tactical control if the President, not less than 15 days before the date on which such United Nations operational or tactical control is to become effective (or as provided in paragraph (2)), meets the requirements of subsection (d). ``(2) If the President certifies to Congress that an emergency exists that precludes the President from meeting the requirements of subsection (d) 15 days before placing an element of the armed forces under United Nations operational or tactical control, the President may place such forces under such operational or tactical control and meet the requirements of subsection (d) in a timely manner, but in no event later than 48 hours after such operational or tactical control becomes effective. ``(c) Additional Exceptions.--(1) Subsection (a) shall not apply in the case of a proposed placement of any element of the armed forces under United Nations operational or tactical control if Congress specifically authorizes by law that particular placement of United States forces under United Nations operational or tactical control. ``(2) Subsection (a) shall not apply in the case of a proposed placement of any element of the armed forces in an operation conducted by the North Atlantic Treaty Organization. ``(d) Presidential Certifications.--The requirements referred to in subsection (b)(1) are that the President submit to Congress the following: ``(1) Certification by the President that it is in the national security interests of the United States to place any element of the armed forces under United Nations operational or tactical control. ``(2) A report setting forth the following: ``(A) A description of the national security interests that would be advanced by the placement of United States forces under United Nations operation or tactical control. ``(B) The mission of the United States forces involved. ``(C) The expected size and composition of the United States forces involved. ``(D) The precise command and control relationship between the United States forces involved and the United Nations command structure. ``(E) The precise command and control relationship between the United States forces involved and the commander of the United States unified command for the region in which those United States forces are to operate. ``(F) The extent to which the United States forces involved will rely on forces of other countries for security and defense and an assessment of the capability of those other forces to provide adequate security to the United States forces involved. ``(G) The exit strategy for complete withdrawal of the United States forces involved. ``(H) The extent to which the commander of any unit of the armed forces proposed for placement under United Nations operational or tactical control will at all times retain the right-- ``(i) to report independently to superior United States military authorities; and ``(ii) to decline to comply with orders judged by the commander to be illegal or beyond the mandate of the mission to which the United States agreed with the United Nations, until such time as that commander receives direction from superior United States military authorities with respect to the orders that the commander has declined to comply with. ``(I) The extent to which the United States will retain the authority to withdraw any element of the armed forces from the proposed operation at any time and to take any action it considers necessary to protect those forces if they are engaged. ``(J) The anticipated monthly incremental cost to the United States of participation in the United Nations operation by the United States forces which are proposed to be placed under United Nations operational or tactical control and the percentage that such cost represents of the total anticipated monthly incremental costs of all nations expected to participate in such operation. ``(e) Classification of Report.--A report under subsection (d) shall be submitted in unclassified form and, if necessary, in classified form. ``(f) United Nations Operational or Tactical Control.--For purposes of this section, an element of the Armed Forces shall be considered to be placed under United Nations operational or tactical control if-- ``(1) that element is under the operational or tactical control of an individual acting on behalf of the United Nations for the purpose of international peacekeeping, peacemaking, peace-enforcing, or similar activity that is authorized by the Security Council under chapter VI or VII of the Charter of the United Nations; and ``(2) the senior military commander of the United Nations force or operation is a foreign national or is a citizen of the United States who is not a United States military officer serving on active duty. ``(g) Interpretation.--Nothing in this section may be construed-- ``(1) as authority for the President to use any element of the Armed Forces in any operation; ``(2) as authority for the President to place any element of the Armed Forces under the command or operational control of a foreign national; or ``(3) as superseding, negating, or otherwise affecting the requirements of section 6 of the United Nations Participation Act of 1945 (22 U.S.C. 287d).''. (2) The table of sections at the beginning of subchapter I of such chapter is amended by adding at the end the following new item: ``405. Placement of United States forces under United Nations operational or tactical control: limitation.''. (b) Exception for Ongoing Operations in Macedonia and Croatia.-- Section 405 of title 10, United States Code, as added by subsection (a), does not apply in the case of activities of the Armed Forces that are carried out-- (1) in Macedonia as part of the United Nations force designated as the United Nations Preventive Deployment Force (UNPREDEP) pursuant to United Nations Security Council Resolution 795, adopted December 11, 1992, and Resolution 983, adopted March 31, 1995, and subsequent reauthorization Resolutions; or (2) in Croatia as part of the United Nations force designated as the United Nations Transitional Administration for Eastern Slavonia, Baranja, and Western Sirmium (UNTAES) pursuant to United Nations Security Council Resolution 1037, adopted January 15, 1996, and subsequent reauthorization Resolutions. SEC. 4. REQUIREMENT TO ENSURE THAT ALL MEMBERS KNOW MISSION AND CHAIN OF COMMAND. (a) In General.--Chapter 37 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 656. Members required to be informed of mission and chain of command ``The commander of any unit of the armed forces assigned to an operation shall ensure that each member of such unit is fully informed of that unit's mission as part of such operation and of that member's chain of command.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``656. Members required to be informed of mission and chain of command.''. SEC. 5. PROHIBITION ON REQUIREMENT FOR MEMBERS OF THE ARMED FORCES TO WEAR UNIFORM ITEMS OF THE UNITED NATIONS. (a) In General.--Chapter 45 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 777. Insignia of United Nations: prohibition on requirement for wearing ``No member of the armed forces may be required to wear as part of the uniform any badge, symbol, helmet, headgear, or other visible indicia or insignia which indicates (or tends to indicate) any allegiance or affiliation to or with the United Nations except in a case in which the wearing of such badge, symbol, helmet, headgear, indicia, or insignia is specifically authorized by law with respect to a particular United Nations operation.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``777. Insignia of United Nations: prohibition on requirement for wearing.''. Passed the House of Representatives September 5, 1996. Attest: ROBIN H. CARLE, Clerk.

United States Armed Forces Protection Act of 1996 - States certain congressional findings and policy concerning the placement of U.S. armed forces under United Nations (UN) operational or tactical control. Prohibits Department of Defense funds from being obligated or expended for activities of any element of the armed forces that is placed under UN operational or tactical control, unless: (1) the President, at least 15 days before UN control is to become effective (or not later than 48 hours afterwards in an emergency), certifies to the Congress that such action is in the national security interests; or (2) such placement is specifically authorized by law or is part of a North Atlantic Treaty Organization operation. Specifies information to be submitted with the President's certification, including: (1) information on the national security interests to be advanced; (2) the mission, size, and composition of the U.S. forces involved; (3) the command and control relationship of the U.S. forces with the UN command structure and with the U.S. unified command for the region; (4) the exit strategy for, and withdrawal authority of, U.S. forces; and (5) the anticipated monthly incremental cost of U.S. participation and the percentage that such cost represents of the total anticipated monthly incremental costs of all nations expected to participate in the operation. Provides that this Act shall not apply to activities of the armed forces carried out as part of specified ongoing activities of the UN Preventive Deployment Force in Macedonia or the UN Transitional Administration for Eastern Slavonia, Baranja, and Western Sirmium in Croatia. Requires that members of the armed forces be informed of their unit's mission and their chain of command in any operation to which their unit is assigned. Prohibits U.S. military personnel from being required to wear UN insignia except when such insignia is specifically authorized by law with respect to a particular UN operation.

United States Armed Forces Protection Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Defense Support to Catastrophic Incident Response Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States faces real threats of man-made and natural disasters which could result in catastrophic consequences to the Nation, its resources, and its people. Because of the scale of the potential consequences of these threats, they may constitute threats to national security and will require the full range of Federal resources to save lives, minimize human suffering, protect property, and mitigate damage. (2) Because of its manpower, communications, logistics, and other capabilities, the Department of Defense is uniquely suited to provide critical support to other departments and agencies of the Federal Government, State and local governments, and governments of the Commonwealths and possessions of the United States in response to a catastrophic incident in the United States. (3) Planning and preparation for and execution of civil support operations in responding to catastrophic incidents in support of the Department of Homeland Security and State and local governments is a national security issue. (4) A successful response to catastrophic incidents in the United States requires coordinated strategic plans and detailed operational plans with specific tasking and sourcing. The Department of Defense must develop such plans and should maintain the required units and assets at the appropriate level of readiness in order to deliver the capabilities which will be required in a response led by the Department of Homeland Security. (5) The National Guard and Reserves are forward-deployed in communities throughout the United States, are integrated with State and local governments, and have considerable homeland- related capabilities. The Department of Defense and the United States Northern Command must therefore consider the plans and capabilities of the National Guard and Reserves, and State and local governments, in plans for civil support operations. SEC. 3. DEPARTMENT OF DEFENSE SUPPORT OF DOMESTIC CIVILIAN AUTHORITIES IN RESPONSE TO CATASTROPHIC INCIDENTS IN THE UNITED STATES. (a) Support Authorized.--Part I of subtitle A of title 10, United States Code, is amended by inserting after chapter 18 the following new chapter: ``CHAPTER 19--SUPPORT OF DOMESTIC CIVILIAN AUTHORITIES IN RESPONSE TO CATASTROPHIC INCIDENTS IN THE UNITED STATES ``Sec. ``390. Department of Defense support of domestic civilian authorities in response to catastrophic incidents in the United States. ``Sec. 390. Department of Defense support of domestic civilian authorities in response to catastrophic incidents in the United States ``(a) In General.--Subject to the authority, direction, and control of the President, the Department of Defense shall undertake civil support operations in response to catastrophic incidents in the United States. ``(b) Plans for Support.--(1) For purposes of carrying out the requirement in subsection (a), the Secretary of Defense shall, in conjunction with the Secretary of Homeland Security, develop comprehensive plans for civil support operations. ``(2) The plans required under this subsection shall include strategies for the use of the armed forces, including units and personnel of the regular components of the armed forces, units and personnel of the National Guard (including personnel on active duty under this title, in status under title 32, and in State status, consistent with section 1814(c) of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 113 note)), units and personnel of the other reserve components of the armed forces, the civilian personnel of the Department of Defense, and, if the Secretary considers it appropriate for purposes of the plans, contractors of the Department of Defense. ``(3) The plans required under this subsection shall be developed in coordination with other departments and agencies of the Federal Government with homeland security responsibilities as part of an established national planning process and shall include the development of operations plans required by section 653(b) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 753(b)). ``(4) The plans required under this subsection shall be developed to execute strategic requirements established by the Secretary of Homeland Security though an established national planning process. ``(c) Implementation and Execution of Plans.--In implementing the plans developed under subsection (b), the Secretary of Defense shall-- ``(1) ensure that-- ``(A) the Department of Defense is organized and equipped with the capabilities and resources required to execute the plans; and ``(B) the capabilities and resources referred to in subparagraph (A) are available, accessible, and maintained at the appropriate readiness status to enable deployment in accordance with the plans; and ``(2) ensure that any capabilities and resources identified under paragraph (1)(A), when appropriate, train and participate in exercises, including-- ``(A) exercises administered under the national exercise program carried out under section 648(b) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)); and ``(B) other exercises determined appropriate by the Secretary of Defense to ensure such capabilities and resources are maintained at the appropriate state of readiness. ``(d) Budget.--The budget of the Department of Defense for any fiscal year (as submitted to Congress pursuant to section 1105 of title 31) shall include a request for funds sufficient to carry out the requirements of this section in such fiscal year. The request for a fiscal year under this subsection shall set forth separately the following: ``(1) Each component, program, or activity of the Department of Defense that will carry out the requirements of this section in such fiscal year. ``(2) The amount requested for each such component, program, or activity to carry out such requirements in such fiscal year. ``(e) Construction.--Nothing in this section shall be construed as prohibiting or limiting the authority of the Department of Defense to provide support operations in response to a disaster or incident that is not a catastrophic incident as otherwise provided by law. ``(f) Reports.--(1) Not later than one year after the date of the enactment of this section, and every two years thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the implementation of the requirements of this section, including a discussion of the development and implementation of the plans required by subsection (b). ``(2) Each report under this subsection shall be submitted in unclassified form, but may include a classified annex. ``(g) Definitions.--In this section: ``(1) The term `catastrophic incident' has the meaning given that term in section 501(3) of the Homeland Security Act of 2002 (6 U.S.C. 311(3)). ``(2) The term `civil support operation' means a mission performed by the Department of Defense in support of other departments or agencies of the Federal Government, State or local governments, or governments of the Commonwealths or possessions of the United States in their efforts to prevent, protect against, prepare for, respond to, and recover from natural disasters, acts of terrorism, and other man-made disasters.''. (b) Clerical Amendments.--The tables of chapters at the beginning of title, United States Code, and at the beginning of part I of subtitle A of such title, are each amended by inserting after the item relating to chapter 18 the following new item: ``19. Support of Domestic Civilian Authorities in Response 390.''. to Catastrophic Incidents in the United States. SEC. 4. QUADRENNIAL DEFENSE REVIEW MATTERS. Section 118 of title 10, United States Code, is amended-- (1) by transferring subsection (g), as added by section 942(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 288), to the end of such section 118 and redesignating such subsection, as so transferred, as subsection (i); and (2) by inserting after subsection (g), as added by section 951(a) of the National Defense Authorization Act for Fiscal Year 2008 (122 Stat. 290), the following new subsection: ``(h) Consideration of Department of Defense Roles and Responsibilities in Responding to Catastrophic Incidents.--(1) The first national security strategy and national defense strategy prepared after the date of the enactment of this subsection shall include guidance for military planners-- ``(A) to determine the appropriate roles and responsibilities of the Department of Defense, in coordination with and in support of the Department of Homeland Security and other departments and agencies of the Federal Government with homeland security responsibilities and with State, local, and tribal governments, in responding to catastrophic incidents; ``(B) to update defense plans based on such determinations, including working with the Department of Homeland Security and other departments and agencies of the Federal Government with homeland security responsibilities in responding to such incidents; and ``(C) to develop the capabilities needed to execute such plans. ``(2) The first quadrennial defense review prepared after the date of the enactment of this subsection shall examine the capabilities of the armed forces to support civil authorities in responding to catastrophic incidents. ``(3) In this subsection: ``(A) The term `catastrophic incident' has the meaning given that term in section 501(3) of the Homeland Security Act of 2002 (6 U.S.C. 311(3)). ``(B) The term `national security strategy' means the annual national security strategy report of the President under section 108 of the National Security Act of 1947 (50 U.S.C. 404a).''. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act or the amendments made by this Act may be construed-- (1) to modify the restrictions on the role of the Department of Defense in law enforcement operations within the United States; (2) to affect the authority of the Governor of a State to respond to a natural disaster, act of terrorism, or other man- made disaster within the United States; or (3) to affect the authority of the Governor of a State to exercise command and control over the National Guard of that State while in State status or in title 32, United States Code, status. SEC. 6. DEFINITIONS. In this Act: (1) The term ``catastrophic incident'' has the meaning given that term in section 501(3) of the Homeland Security Act of 2002 (6 U.S.C. 311(3)). (2) The term ``civil support operation'' means a mission performed by the Department of Defense in support of other departments or agencies of the Federal Government, State or local governments, or governments of the Commonwealths or possessions of the United States in their efforts to prevent, protect against, prepare for, respond to, and recover from natural disasters, acts of terrorism, and other man-made disasters. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act and the amendments made by this Act.

Ensuring Defense Support to Catastrophic Incident Response Act of 2008 - Directs the Department of Defense (DOD) to undertake civil support operations in response to catastrophic incidents in the United States. Requires: (1) the Secretary of Defense to develop comprehensive plans for such operations, including strategies for the use of the Armed Forces (including the National Guard and Reserve) and civilian personnel and contractors of DOD; (2) the annual DOD budget to include a separate funding request for carrying out such operations; and (3) the first national security strategy and national defense strategy prepared after the enactment of this Act to include, among other things, DOD roles and responsibilities in responding to catastrophic incidents.

A bill to amend title 10, United States Code, to establish the responsibility of the Department of Defense to plan for and respond to catastrophic incidents in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Caring Family Act of 2003''. SEC. 2. ADDITIONAL PERSONAL EXEMPTION FOR DEPENDENTS WITH LONG-TERM CARE NEEDS IN TAXPAYER'S HOME. (a) In General.--Section 151 of the Internal Revenue Code of 1986 (relating to allowance of deductions for personal exemptions) is amended by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and by inserting after subsection (c) the following new subsection: ``(d) Additional Exemption for Dependents With Long-Term Care Needs in Taxpayer's Home.-- ``(1) In general.--An exemption of the applicable amount for each qualified family member of the taxpayer. ``(2) Applicable amount.--For purposes of paragraph (1), the applicable amount is the amount determined in accordance with the following table: ``For taxable years beginning The applicable in calendar year-- applicable amount is-- 2003 and 2004................................. $500 2005 and 2006................................. 1,000 2007 and 2008................................. 1,500 2009 and 2010................................. 2,000 2011 and 2012................................. 2,500 2013 and thereafter........................... 0. ``(3) Qualified family member.--For purposes of this subsection, the term `qualified family member' means, with respect to any taxable year, any individual-- ``(A) who is-- ``(i) the spouse of the taxpayer, or ``(ii) a dependent of the taxpayer with respect to whom the taxpayer is entitled to an exemption under subsection (c), ``(B) who has attained age 60 before the close of the taxable year, ``(C) who is an individual with long-term care needs, and ``(D) who, for more than one-half of the taxable year, has as such individual's principal place of abode the home of the taxpayer and is a member of the taxpayer's household. ``(4) Individuals with long-term care needs.--For purposes of this subsection, the term `individual with long-term care needs' means, with respect to any taxable year, an individual who has been certified during such year by a physician (as defined in section 1861(r)(1) of the Social Security Act) as being, for a period of at least 180 consecutive days which includes the date of the certification-- ``(A) an individual who is unable to perform (without substantial assistance from another individual) at least 2 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or ``(B) an individual who requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform, without reminding or cuing assistance, at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities. ``(5) Identification requirement.-- ``(A) In general.--No exemption shall be allowed under this subsection to a taxpayer with respect to any qualified family member unless the taxpayer includes on the return of tax for the taxable year-- ``(i) the name and TIN of such member, and ``(ii) the name and TIN of the physician certifying such member. ``(B) Exception for due diligence.--In the case of a failure to provide the information required under subparagraph (A)(ii), such subparagraph shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required. ``(6) Special rules.--Rules similar to the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply for purposes of this subsection.''. (b) Conforming Amendments.-- (1) Section 1(f)(6)(A) of such Code is amended by striking ``151(d)(4)'' and inserting ``151(e)(4)''. (2) Section 1(f)(6)(B) of such Code, as amended by the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by striking ``151(d)(3)(A)'' and inserting ``151(e)(3)(A)''. (3) Section 1(f)(6)(B) of such Code, as in effect on the day before the date of the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by striking ``151(d)(4)(A)'' and inserting ``151(e)(4)(A)''. (4) Section 3402(f)(1)(A) of such Code is amended by striking ``151(d)(2)'' and inserting ``151(e)(2)''. (5) Section 3402(r)(2)(B) of such Code is amended by striking ``151(d)'' and inserting ``151(e)''. (6) Section 6012(a)(1)(D)(ii) of such Code is amended-- (A) by striking ``151(d)'' and inserting ``151(e)'', and (B) by striking ``151(d)(2)'' and inserting ``151(e)(2)''. (7) Section 6013(b)(3)(A) of such Code is amended by striking ``151(d)'' and inserting ``151(e)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.

Caring Family Act of 2003 - Amends the Internal Revenue Code to allow an additional exemption for dependents, residing with the taxpayer, with long-term care needs who are over the age of 60.

To amend the Internal Revenue Code of 1986 to provide an additional personal exemption for certain dependents with long-term care needs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Encroachment on Military Bases Prevention Act''. SEC. 2. MILITARY READINESS AND THE CONSERVATION OF PROTECTED SPECIES. (a) Limitation on Designation of Critical Habitat.--Section 4(a) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)) is amended by adding at the end the following new paragraph: ``(4)(A) The Secretary may not designate as critical habitat any lands or other geographical areas owned or controlled by the Department of Defense, or designated for its use, that are subject to an integrated natural resources management plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a), if the Secretary determines that such plan addresses special management considerations or protection (as those terms are used in section 3(5)(A)(i)). ``(B) Nothing in this paragraph affects the requirement to consult under section 7(a)(2) with respect to an agency action (as that term is defined in that section). ``(C) Nothing in this paragraph affects the obligation of the Department of Defense to comply with section 9, including the prohibition preventing extinction and taking of endangered species and threatened species.''. (b) Consideration of Effects of Designation of Critical Habitat.-- Section 4(b)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(2)) is amended by inserting ``the impact on national security,'' after ``the economic impact,''. SEC. 3. RESTRICTION ON CONSIDERATION OF MILITARY INSTALLATIONS IN SPECIAL RESOURCE STUDIES. Section 8 of Public Law 91-383 (16 U.S.C. 1a-5; commonly known as the National Park System General Authorities Act) is amended by adding at the end the following new subsection: ``(g) Exclusion of Military Installations From Special Resource Studies.-- ``(1) Notification of secretary of defense.--If a study under this section or any other provision of law of an area for potential inclusion in the National Park System will include, or the study will be expanded to include, the consideration of any military lands, the Secretary of the Interior shall provide written notice to the Secretary of Defense of the exact military lands to be covered by the study. The written notice shall be provided not later than 30 days before the date on which the Secretary of the Interior will commence the study or expand the study to include the military lands. ``(2) Authority to exclude military lands.--Upon receipt of written notification under paragraph (1), the Secretary of Defense shall evaluate the existing environmental protections for the military lands described in the notice and the importance of the military lands to military readiness and preparedness. The Secretary of Defense may require the Secretary of the Interior to exclude all or a portion of the military lands from the study if the Secretary of Defense determines that the environmental protections for the military lands are sufficient and that inclusion of the military lands in the National Park System could adversely impact military readiness and preparedness. Notice to the Secretary of the Interior shall include the reasons of the Secretary of Defense for requiring the exclusion of the military lands. ``(3) Time for making determination; effect.--The Secretary of Defense shall make the determination required under paragraph (2), and transmit notice of the determination to the Secretary of the Interior, before the end of the 90-day period beginning on the date on which the Secretary of Defense receives the written notice required under paragraph (1) of a study that covers military lands. If the notice of the Secretary of Defense is timely, the Secretary of the Interior may not consider the military lands covered by the notice for possible inclusion in the National Park System in that study or any subsequent study. If the notice is not received by the Secretary of the Interior before the end of the 90-day period, the Secretary of the Interior may proceed with the consideration of the military lands under the study notwithstanding the determination. ``(4) Military lands.--In this subsection, the term `military lands' means lands included as part of a military installation, as that term is defined in section 100 of the Sikes Act (16 U.S.C. 670).''. SEC. 4. RESTRICTION ON INCLUSION IN NATIONAL MARINE SANCTUARIES OF AREAS USED FOR MILITARY READINESS ACTIVITIES. (a) In General.--Section 305 of the National Marine Sanctuary Act (16 U.S.C. 1433) is amended-- (1) in subsection (a) in the matter preceding paragraph (1) by inserting ``(subject to subsection (c))'' after ``any discrete area of the marine environment''; and (2) by adding at the end the following: ``(c) Restriction on Inclusion of Areas Used for Military Readiness Activities.--The Secretary may not designate as a national marine sanctuary, or add to an existing national marine sanctuary, any area that the Secretary of Defense has designated for use for military readiness activities, including any area the use or navigation of which is prohibited under regulations issued by the Secretary of the Army under the first section of chapter XIX of the Act of July 9, 1918 (33 U.S.C. 3), popularly known as the Army Appropriation Act of 1919.''. (b) Application.--The amendment made by subsection (a) shall not apply with respect to any designation of an area as, or addition of an area to, a national marine sanctuary that takes effect before the date of the enactment of this Act.

Encroachment on Military Bases Prevention Act - Amends the Endangered Species Act to prohibit the Secretary of the Interior (Secretary) from designating as critical habitat any lands or areas owned and controlled by the Department of Defense, or designated for its use, that are subject to an integrated natural resources management plan under the Sikes Act if the Secretary determines that such plan addresses special management considerations or protection. Requires the Secretary to consider impact on national security when making critical habitat determinations.Amends the Act commonly known as the National Park System General Authorities Act to require: (1) the Secretary to notify the Secretary of Defense of the exact military lands included in any study of an area for potential inclusion in the National Park System (NPS); and (2) the Secretary of Defense to evaluate the existing environmental protections for such lands and the importance of such lands to military readiness and preparation. Authorizes the Secretary of Defense to require the Secretary to exclude such lands if it is determined that current environmental protections are adequate and that their inclusion in the NPS would adversely affect military readiness and preparation.Amends the National Marine Sanctuary Act to prohibit the Secretary from including as a national marine sanctuary any area that the Secretary of Defense has designated for use for military readiness activities.

To provide for the management of critical habitat of endangered species and threatened species on military installations in a manner compatible with the demands of military readiness, to ensure that the application of other resource laws on military installations is compatible with military readiness, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Export Enhancement Act of 1999''. SEC. 2. OPIC ISSUING AUTHORITY. Section 235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(3)) is amended by striking ``1999'' and inserting ``2003''. SEC. 3. IMPACT OF OPIC PROGRAMS. (a) Additional Requirements.--Section 231A of the Foreign Assistance Act of 1961 (22 U.S.C. 2191a) is amended-- (1) by redesignating subsection (b) as subsection (c); (2) by inserting after subsection (a) the following new subsection: ``(b) Environmental Impact.--The Board of Directors of the Corporation shall not vote in favor of any action proposed to be taken by the Corporation that is likely to have significant adverse environmental impacts that are sensitive, diverse, or unprecedented, unless for at least 60 days before the date of the vote-- ``(1) an environmental impact assessment or initial environmental audit, analyzing the environmental impacts of the proposed action and of alternatives to the proposed action has been completed by the project applicant and made available to the Board of Directors; and ``(2) such assessment or audit has been made available to the public of the United States, locally affected groups in the host country, and host country nongovernmental organizations.''; and (3) in subsection (c), as so redesignated-- (A) by inserting ``(1)'' before ``The Board''; and (B) by adding at the end the following: ``(2) In conjunction with each meeting of its Board of Directors, the Corporation shall hold a public hearing in order to afford an opportunity for any person to present views regarding the activities of the Corporation. Such views shall be made part of the record.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect 90 days after the date of the enactment of this Act. SEC. 4. BOARD OF DIRECTORS OF OPIC. Section 233(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2193(b)) is amended-- (1) by striking the second and third sentences; (2) in the fourth sentence by striking ``(other than the President of the Corporation, appointed pursuant to subsection (c) who shall serve as a Director, ex officio)''; (3) in the second undesignated paragraph-- (A) by inserting ``the President of the Corporation, the Administrator of the Agency for International Development, the United States Trade Representative, and'' after ``including''; and (B) by adding at the end the following: ``The United States Trade Representative may designate a Deputy United States Trade Representative to serve on the Board in place of the United States Trade Representative.''; and (4) by inserting after the second undesignated paragraph the following: ``There shall be a Chairman and a Vice Chairman of the Board, both of whom shall be designated by the President of the United States from among the Directors of the Board other than those appointed under the second sentence of the first paragraph of this subsection.''. SEC. 5. TRADE AND DEVELOPMENT AGENCY. (a) Purpose.--Section 661(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2421(a)) is amended by inserting before the period at the end of the second sentence the following: ``, with special emphasis on economic sectors with significant United States export potential, such as energy, transportation, telecommunications, and environment''. (b) Contributions of Costs.--Section 661(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2421(b)) is amended by adding at the end the following: ``(5) Contributions to costs.--The Trade and Development Agency shall, to the maximum extent practicable, require corporations and other entities to-- ``(A) share the costs of feasibility studies and other project planning services funded under this section; and ``(B) reimburse the Trade and Development Agency those funds provided under this section, if the corporation or entity concerned succeeds in project implementation.''. (c) Funding.--Section 661(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2421(f)) is amended-- (1) in paragraph (1)(A) by striking ``$77,000,000'' and all that follows through ``1996'' and inserting ``$48,000,000 for fiscal year 2000 and such sums as may be necessary for each fiscal year thereafter''; and (2) in paragraph (2)(A), by striking ``in fiscal years'' and all that follows through ``provides'' and inserting ``in carrying out its program, provide, as appropriate, funds''. SEC. 6. IMPLEMENTATION OF PRIMARY OBJECTIVES OF TPCC. The Trade Promotion Coordinating Committee shall-- (1) report on the actions taken or efforts currently underway to eliminate the areas of overlap and duplication identified among Federal export promotion activities; (2) coordinate efforts to sponsor or promote any trade show or trade fair; (3) work with all relevant State and national organizations, including the National Governors' Association, that have established trade promotion offices; (4) report on actions taken or efforts currently underway to promote better coordination between State, Federal, and private sector export promotion activities, including co-location, cost sharing between Federal, State, and private sector export promotion programs, and sharing of market research data; and (5) by not later than March 30, 2000, and annually thereafter, include the matters addressed in paragraphs (1), (2), (3), and (4) in the annual report required to be submitted under section 2312(f) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(f)). SEC. 7. TIMING OF TPCC REPORTS. Section 2312(f) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(f)) is amended by striking ``September 30, 1995, and annually thereafter,'' and inserting ``March 30 of each year,''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(Sec. 3) Revises certain OPIC requirements to prohibit the OPIC Board of Directors from voting in favor of any proposed action likely to have significant adverse environmental impacts that are sensitive, diverse, or unprecedented, unless: (1) an environmental impact assessment or initial environmental audit has been completed by the project applicant and made available to the Board of Directors; and (2) such assessment or audit has been made available to the U.S. public, locally affected groups in the host country, and host country nongovernmental organizations. Requires OPIC in conjunction with each Board of Directors' meeting to hold a public hearing in order to afford an opportunity for any person to present views regarding OPIC activities. (Sec. 4) Revises the composition of the OPIC Board of Directors. (Sec. 5) Revises the purposes of the Trade and Development Agency to include, with respect to the promotion of U.S. private sector participation in development projects in developing and middle-income countries, special emphasis on economic sectors with significant U.S. export potential, such as energy, transportation, telecommunications, and environment. Directs the Agency to require corporations and other entities to: (1) share the costs of feasibility studies and other project planning services; and (2) reimburse the Agency those funds it has provided, if the corporation or entity concerned succeeds in project implementation. Authorizes appropriations. (Sec. 6) Requires the Trade Promotion Coordinating Committee (TPCC) to: (1) report on actions taken to eliminate the areas of overlap and duplication identified among Federal export promotion activities; (2) coordinate efforts to sponsor or promote any trade show or trade fair; (3) work with all relevant State and national organizations, including the National Governors' Association, that have established trade promotion offices; and (4) report to Congress on actions taken to promote better coordination among State, Federal, and private sector export promotion activities. (Sec. 7) Amends the Export Enhancement Act of 1988 to change the deadline for TPCC annual reports from September 30 to March 30.

Export Enhancement Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Greater Sage Grouse Protection and Recovery Act of 2016''. SEC. 2. PROTECTION AND RECOVERY OF GREATER SAGE GROUSE. (a) Definitions.--In this section: (1) Federal resource management plan.--The term ``Federal resource management plan'' means-- (A) a land use plan prepared by the Bureau of Land Management for public lands pursuant to section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712); or (B) a land and resource management plan prepared by the Forest Service for National Forest System lands pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). (2) Greater sage grouse.--The term ``Greater Sage Grouse'' means a sage grouse of the species Centrocercus urophasianus. (3) State management plan.--The term ``State management plan'' means a State-approved plan for the protection and recovery of the Greater Sage Grouse. (b) Purpose.--The purpose of this section is-- (1) to facilitate implementation of State management plans over a period of multiple, consecutive Greater Sage Grouse life cycles; and (2) to demonstrate the efficacy of the State management plans for the protection and recovery of the Greater Sage Grouse. (c) Delay in Making Endangered Species Act of 1973 Finding.-- (1) Delay required.--In the case of any State with a State management plan, the Secretary of the Interior may not make a finding under clause (i), (ii), or (iii) of section 4(b)(3)(B) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)(B)) with respect to the Greater Sage Grouse in that State before September 30, 2026. (2) Effect on other laws.--The delay imposed by paragraph (1) is, and shall remain, effective without regard to any other statute, regulation, court order, legal settlement, or any other provision of law or in equity. (3) Effect on conservation status.--Until the date specified in paragraph (1), the conservation status of the Greater Sage Grouse shall remain not warranted for listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (d) Coordination of Federal Land Management and State Management Plans.-- (1) Prohibition on withdrawals and modifications of federal resource management plans.--In order to foster coordination between a State management plan and Federal resource management plans that affect the Greater Sage Grouse, upon notification by the Governor of a State with a State management plan, the Secretary of the Interior and the Secretary of Agriculture, as applicable, may not exercise authority under section 204 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714) to make, modify, or extend any withdrawal, nor amend or otherwise modify any Federal resource management plan applicable to Federal land in the State, in a manner inconsistent with the State management plan for a period, to be specified by the Governor in the notification, of at least five years beginning on the date of the notification. (2) Retroactive effect.--In the case of any State that provides notification under paragraph (1), if any withdrawal was made, modified, or extended or if any amendment or modification of a Federal resource management plan applicable to Federal lands in the State was issued during the three-year period preceding the date of the notification and the withdrawal, amendment, or modification altered management of the Greater Sage Grouse or its habitat, implementation and operation of the withdrawal, amendment, or modification shall be stayed to the extent that the withdrawal, amendment, or modification is inconsistent with the State management plan. The Federal resource management plan, as in effect immediately before the amendment or modification, shall apply instead with respect to management of the Greater Sage Grouse and its habitat, to the extent consistent with the State management plan. (3) Determination of inconsistency.--Any disagreement regarding whether a withdrawal, or an amendment or other modification of a Federal resource management plan, is inconsistent with a State management plan shall be resolved by the Governor of the affected State. (e) Relation to National Environmental Policy Act of 1969.--With regard to any major Federal action consistent with a State management plan, any findings, analyses, or conclusions regarding the Greater Sage Grouse or its habitat under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not have a preclusive effect on the approval or implementation of the major Federal action in that State. (f) Reporting Requirement.--Not later than one year after the date of the enactment of this Act and annually thereafter through 2026, the Secretary of the Interior and the Secretary of Agriculture shall jointly submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report on the Secretaries' implementation and effectiveness of systems to monitor the status of Greater Sage Grouse on Federal lands under their jurisdiction. (g) Judicial Review.--Notwithstanding any other provision of statute or regulation, the requirements and implementation of this section, including determinations made under subsection (d)(3), are not subject to judicial review.

Greater Sage Grouse Protection and Recovery Act of 2016 This bill delays findings by the Department of the Interior with respect to the greater sage grouse under the Endangered Species Act until September 30, 2026. Additionally, Interior and the Department of Agriculture (USDA)are prohibited from amending any federal resource management plans that affect the greater sage grouse in a state in which the governor has notified Interior or USDA that a state management plan is in place.

Greater Sage Grouse Protection and Recovery Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Buy American Motor Vehicles Act of 1993''. SEC. 2. STATEMENT OF PURPOSE. It is the purpose of this Act to stimulate economic growth by encouraging the purchase of new domestic passenger vehicles through the provision of a temporary tax credit, which a purchaser may assign in exchange for an equal reduction in the purchase price of the vehicle from the amount such price would have been if this Act had not been enacted. SEC. 3. TEMPORARY REFUNDABLE CREDIT FOR PURCHASE OF NEW DOMESTIC PASSENGER VEHICLES. (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 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. PURCHASE OF NEW DOMESTIC PASSENGER VEHICLE. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual who purchases a new domestic passenger vehicle, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year in which the purchase is made an amount equal to the applicable percentage of the purchase price of the vehicle. ``(2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage is-- ``(A) 15 percent, in the case of a vehicle purchased in calendar year 1993, and ``(B) 7.5 percent, in the case of a vehicle purchased in calendar year 1994. ``(3) Limitation.--The credit allowed by paragraph (1) for any taxpayer shall not exceed-- ``(A) $2,000, in the case of taxable years ending on or before December 31, 1993, and ``(B) $1,000, in the case of taxable years ending after such date. ``(b) Assignment of Credit.--Under regulations prescribed by the Secretary-- ``(1) an individual qualifying for a credit under subsection (a) may, at the time of purchase of the vehicle, assign the right to the credit to the retail dealer from whom the vehicle is purchased in exchange for a purchase price reduction of equal value, ``(2) such retail dealer may assign such right to the manufacturer of the vehicle, and ``(3) such manufacturer shall be allowed to use such credit against the tax imposed by this chapter on such manufacturer. ``(c) New Domestic Passenger Vehicle.--For purposes of this section-- ``(1) In general.--The term `new domestic passenger vehicle' means any domestic vehicle which-- ``(A) is a passenger vehicle (within the meaning of section 4001(b)), and ``(B) is purchased by the taxpayer in the 1st retail sale of the vehicle (within the meaning of section 4001(a)). ``(2) Domestic vehicle.--The term `domestic vehicle' means any vehicle if-- ``(A) the vehicle is produced by a domestic vehicle manufacturer at a manufacturing facility located within the United States or Canada, and ``(B) such manufacturer includes on the label required by section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232) information concerning-- ``(i) whether the vehicle is a domestic vehicle eligible for the credit allowed by this section, and ``(ii) the percentage of the value of all parts used in the production of the vehicle which is attributable to parts produced by domestic parts manufacturers. ``(3) Domestic manufacturers.-- ``(A) Domestic vehicle manufacturer.--The term `domestic vehicle manufacturer' means a manufacturer (whether or not a related source) of motor vehicles which-- ``(i) has 1 or more motor vehicle manufacturing facilities located within the United States which produce motor vehicles for interstate sale or export, or both, and (ii) with respect to its production of motor vehicles in the facilities referred to in clause (i) during the most recently completed calendar year, utilized motor vehicle parts produced by domestic manufacturers which constituted 60 percent or more of the total value of all motor vehicle parts used in such production. ``(B) Domestic parts manufacturer.--The term `domestic parts manufacturer' means a manufacturer of motor vehicle parts which-- ``(i) has 1 or more motor vehicle parts manufacturing facilities located within the United States or Canada, and ``(ii) either-- ``(I) is not a related source, ``(II) is not affiliated with a related source, or ``(III) is affiliated with a related source, but with respect to its production of motor vehicle parts in the facilities referred to in clause (i) during the most recent full calendar year, utilized materials and components produced by, or purchased or otherwise obtained (directly or indirectly) from, related sources to an extent not exceeding 25 percent of the total value of such production. ``(4) Related sources, ownership, and affiliation.-- ``(A) Related source.--The term `related source' means-- ``(i) a natural person who is a citizen of Japan, and ``(ii) a corporation or other legal entity, wherever located, if owned or controlled by-- ``(I) natural persons who are citizens of Japan, or ``(II) another corporation or other legal entity which is owned or controlled by natural persons who are citizens of Japan, unless such corporation or other legal entity would qualify as a domestic parts manufacturer under paragraph (3)(B). ``(B) Own or control.--The term `own or control' means-- ``(i) in the case of a corporation, the holding of at least 50 percent (by vote or value) of the capital structure of the corporation, and ``(ii) in the case of any other kind of legal entity, the holding of interests representing at least 50 percent of the capital structure of the entity. ``(C) Affiliated.--A domestic parts manufacturer shall be considered to be affiliated with a related source if-- ``(i) in the case of a domestic parts manufacturer which is a corporation, a related source holds at least 2.5 percent but less than 50 percent (by vote or value) of the capital structure of the corporation, and ``(ii) in the case of a domestic parts manufacturer which is any other kind of legal entity, a related source holds interests representing at least 2.5 percent, but less than 50 percent, of the capital structure of the entity. ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Purchase price.--Purchase price shall be determined under rules similar to the rules of section 4011(d)(1). ``(2) Value.--The term `value' when applied to-- ``(A) materials and components used in production of motor vehicles parts, or ``(B) motor vehicle parts used in the production of motor vehicles, refers to the cost of such materials, components, or parts to the manufacturer of such parts or vehicles as determined for purposes of applying this title (including, in the case of purchases of materials, components, and parts involving related sources, entities owned or controlled by related sources, or entities affiliated with related sources, determinations based on the application of the transfer price rules). ``(3) United states.--The term `United States' includes the Commonwealth of Puerto Rico and the possessions of the United States. ``(e) Regulations.--Not later than 60 days after the date of the enactment of this section, the Secretary shall prescribe any regulations appropriate to carry out the purposes of this section, including regulations to prevent the avoidance of any limitation or requirement of this section. ``(f) Termination.--This section shall not apply to any vehicle purchased after December 31, 1994.'' (b) Clerical Amendment.--The table of sections for such subpart C is amended by striking the item relating to section 35 and inserting the following new items: ``Sec. 35. Purchase of new domestic passenger vehicle. ``Sec. 36. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to vehicles purchased after December 31, 1992.

Buy American Motor Vehicles Act of 1993 - Amends the Internal Revenue Code to allow a tax credit, for an individual who purchases a new domestic passenger vehicle, of: (1) 15 percent of the purchase price, in the case of a vehicle purchased in 1993; and (2) 7.5 percent, in the case of a vehicle purchased in 1994. Limits the credit to $2,000 in 1993 and $1,000 after such year. Allows an individual qualifying for such credit, at the time of such purchase, to assign the right to the credit to the retail dealer in exchange for a price reduction of equal value. Allows the retailer dealer to assign such right to the manufacturer of the vehicle. Allows manufacturers to use such credit against their tax liability. Defines a domestic parts manufacturer as one with manufacturing facilities within the United States or Canada and who is not Japanese or Japanese-affiliated.

Buy American Motor Vehicles Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retailers and Entertainers Lacey Implementation and Enforcement Fairness Act'' or the ``RELIEF Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Amendments to the Lacey Act Amendments of 1981 were enacted as part of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246). (2) The 2008 amendments were intended to level the playing field for American businesses engaged in the responsible harvest, shipment, manufacture, and trade of plants and plant products whose prices had been undercut by a black market fueled by irresponsible and illegal taking of protected plants around the globe. (3) The 2008 amendments were overly broad and their enforcement as enacted could criminalize actions of a good- faith owner, purchaser, or retailer of a plant or plant product, subjecting them to penalties that include forfeiture, fines, and imprisonment. (4) Sanctions for violating the 2008 amendments should be proportional to the act in violation. An individual who is not in the commercial shipping business should not be held to the same standard of compliance under that Act. (5) Individuals fear that they risk incurring those penalties by merely owning or traveling with a vintage musical instrument, antique furniture, or another wood product. (6) The Department of the Interior and Department of Justice have stated ``people who unknowingly possess a musical instrument or other object containing wood that was illegally taken, possessed, transported or sold in violation of law and who, in the exercise of due care would not have known that it was illegal, do not have criminal exposure.''. (7) It is necessary to clarify the 2008 amendments so that legally harvested new plant products can enter the market place. (8) Declaration requirements for plant products imported or manufactured prior to May 22, 2008, are unreasonable since the sourcing of plant products was not previously required by law. (9) Federal law enforcement officials should not engage in overzealous enforcement action under the 2008 amendments. (10) It is important to ensure that the appropriate agencies have the necessary funding to implement the current phases of the declaration requirement before considering any future phases. (11) The appropriate agencies have the responsibility of providing a publicly accessible database so that everyone can be notified of the foreign laws of countries as they apply to the importation of plants. SEC. 3. TREATMENT OF PLANTS AND PLANT PRODUCTS UNDER LACEY ACT AMENDMENTS OF 1981. (a) Limitation on Application of Act to Certain Plants and Plant Products.--The Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) is amended by redesignating section 9 as section 10, and by inserting after section 8 the following: ``SEC. 9. LIMITATION ON APPLICATION TO CERTAIN PLANTS AND PLANT PRODUCTS. ``This Act does not apply with respect to-- ``(1) any plant that was imported into the United States before May 22, 2008; or ``(2) any finished plant or plant product the assembly and processing of which was completed before May 22, 2008.''. (b) Limitations on Application of Plant Declaration Requirement.-- Section 3(f) of such Act (16 U.S.C. 3372(f)) is amended-- (1) in paragraph (1), by inserting ``that is entered for consumption (as that term is defined in part 141.0a of title 19, Code of Federal Regulations, as in effect on the date of enactment of the Retailers and Entertainers Lacey Implementation and Enforcement Fairness Act)'' after ``plant''; and (2) in paragraph (3)-- (A) by inserting ``(A)'' before ``Paragraphs (1)''; and (B) by adding at the end the following: ``(B)(i) In the case of a plant product that is derived from a tree, a declaration under paragraph (1) or (2) is not required to include information referred to in subparagraph (A), (B), or (C) of that paragraph unless the plant product is solid wood. ``(ii) The Administrator of the Animal and Plant Health Inspection Service shall issue regulations that define the term `solid wood' for purposes of this subparagraph.''. (c) Application of Civil Forfeiture Laws.--Section 5(d) of such Act (16 U.S.C. 3374(d)) is amended-- (1) by inserting ``(1)'' before ``Civil''; (2) by inserting ``, except as provided in paragraphs (2) and (3) of this subsection'' before the period at the end; and (3) by adding at the end the following: ``(2) Subsection (d)(4) of section 983 of such chapter, and the second sentence of subsection (a)(1)(F) of such section, shall not apply to plants or plant products. ``(3) This section is the sole authority for civil seizure or forfeiture actions alleging, or predicated upon, a violation of section 3.''. SEC. 4. LIMITATION ON APPLICATION OF FOREIGN LAWS. (a) Prohibited Acts.--Section 3(a) of such Act (16 U.S.C. 3372(a)) is amended-- (1) in paragraph (2)(B), in clause (ii) and in clause (iii), by striking ``foreign law'' and inserting ``foreign law that is directed at the protection, conservation, and management of plants''; and (2) in paragraph (3)(B), in clause (ii) and in clause (iii), by striking ``foreign law'' and inserting ``foreign law that is directed at the protection, conservation, and management of plants''. (b) Civil Penalties.--Section 4(a)(1) of such Act (16 U.S.C. 3373(a)(1)) is amended by striking ``foreign law'' and inserting ``foreign law that is directed at the protection, conservation, and management of plants''. SEC. 5. REVIEW AND REPORT. Section 3(f) of such Act (16 U.S.C. 3372(f)) is amended-- (1) in paragraph (4), by striking ``Not later than two years after the date of enactment of this subsection,'' and inserting ``Not later than 180 days after the date of enactment of the Retailers and Entertainers Lacey Implementation and Enforcement Fairness Act,''; and (2) in paragraph (5)-- (A) by striking ``Not later than 180 days after the date on which the Secretary completes the review under paragraph (4), the Secretary'' and inserting ``Not later than 180 days after the date the Secretary completes the review under paragraph (4), the Director of the United States Fish and Wildlife Service''; (B) by striking ``and'' after the semicolon at the end of subparagraph (B); (C) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (D) by adding at the end the following: ``(D) an evaluation of the feasibility of creating and maintaining a publicly available database of laws of foreign countries from which plants are exported.''.

Retailers and Entertainers Lacey Implementation and Enforcement Fairness Act or the RELIEF Act - (Sec. 3) Amends the Lacey Act Amendments of 1981 to: (1) make such Act inapplicable to any plant that was imported into the United States before May 22, 2008, or any finished plant or plant product the assembly and processing of which was completed before such date; (2) limit the application of plant importation declaration requirements to plants that are entered for consumption; and (3) exclude from declaration requirements a plant product that is derived from a tree unless the product is solid wood (requires the Administrator of the Animal and Plant Health Inspection Service to issue regulations that define the term "solid wood" for such purpose). Provides that: (1) civil forfeiture provisions that prohibit any person from asserting an ownership interest in contraband or other property that it is illegal to possess, or that prohibit the federal government from being required to return contraband or other property that the person from whom the property was seized may not legally possess, shall not apply to plants or plant products; and (2) civil forfeiture provisions of such Act are the sole authority for civil seizure or forfeiture actions alleging, or predicated upon, a violation of such Act. (Sec. 4) Prohibits any person from importing, exporting, transporting, selling, receiving, acquiring, or purchasing in interstate or foreign commerce, or any person within the special maritime and territorial jurisdiction of the United States from possessing, a plant taken, possessed, transported, or sold: (1) without the payment of appropriate royalties, taxes, or stumpage fees required for the plant by any law or regulation of any state or any foreign law that is directed at the protection, conservation, and management of plants; and (2) in violation of any limitation under any law or regulation of any state, or under foreign law, governing the export or transshipment of plants and that is directed at the protection, conservation, and management of plants Limits the application of a civil penalty under such Act for violations of foreign laws to violations of foreign laws that are directed at the protection, conservation, and management of plants. Requires the Secretary of the Interior or the Secretary of Commerce, as program responsibilities are vested pursuant to the provisions of Reorganization Plan Numbered 4 of 1970, to review the implementation of plant declarations with 180 days. Requires the Director of the United States Fish and Wildlife Service (currently, the Secretary of Commerce) to report on plant declaration requirements, including an evaluation of the feasibility of creating a publicly available database of laws of foreign countries from which plants are exported.

To amend the Lacey Act Amendments of 1981 to limit the application of that Act with respect to plants and plant products that were imported before the effective date of amendments to that Act enacted in 2008, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Price and Economic Stability Act of 2001''. SEC. 2. FINDINGS. The Congress finds that: (1) Reliable and affordable energy is necessary to ensure economic health and public safety. (2) The western states have historically worked well together to ensure that energy is sufficient to meet demand at a reasonable cost. (3) Despite the best efforts of the western states, an emergency energy situation now exists. (4) The Federal government should augment the states' response to the emergency by protecting consumers from excessive wholesale rates. (5) Several factors have led to the existing emergency, including the following: a flawed deregulation plan in the State of California, the existence of market power among generators in the western region, increased natural gas costs, drought in the Northwest, rapid increases in the populations of western states, poor regional and national forecasting of energy needs, decreased operating reserves due to a lack of investment in new generation. (6) Federal and State efforts to protect the environment have not significantly contributed to these problems. (7) The region's energy needs can be met while protecting the environment and public health. (8) On November 1, 2000, and again on December 15, 2000, the Federal Energy Regulatory Commission found that wholesale electricity rates in the State of California were and have the potential to be unjust and unreasonable under the Federal Power Act. (9) The Federal Energy Regulatory Commission issued orders on March 9, 2001, March 14, 2001, and March 16, 2001 alleging that generators had overcharged California utilities more than $130 million. (10) The Federal Energy Regulatory Commission orders only reflect a fraction of total overcharges and do not reflect the full period during which overcharges may have occurred. (11) The California Independent System Operator reports that generators may have overcharged California utilities by more than $6 billion in the period between May 2000 and February 2001. (12) The market conditions that have existed in California, Washington, and Oregon for months now exist in neighboring states, where electricity costs are also rising. (13) Unless the Federal Energy Regulatory Commission intervenes in the western wholesale electricity market, nothing will constrain the wholesale price of electricity and the situation this coming summer may worsen by orders of magnitude. (14) On March 9, 2001, the Governors of California, Oregon, and Washington wrote to the Chairman and Commissioners of the Federal Energy Regulatory Commission to request that cost-of- service based rates be imposed in the western region. (15) The Federal Energy Regulatory Commission has failed to fulfill its obligations under the Federal Power Act to act in the best interest of consumers by mandating just and reasonable wholesale rates in the western energy market. SEC. 3. WHOLESALE ELECTRICITY RATES IN THE WESTERN UNITED STATES. (a) Definitions.--For purposes of this Act: (1) The term ``Commission'' means the Federal Energy Regulatory Commission. (2) The term ``cost-of-service-based rate'' means a rate, charge, or classification for the sale of electric energy that is equal to the sum of the following: (A) All variable and fixed costs of generating such electric energy. (B) Either-- (i) a reasonable risk premium, or (ii) a return on invested capital used to generate and transmit such electric energy that reflects customary returns during the period 1994 through 1999. (C) Other reasonable costs associated with the acquisition, conservation, and transmission of such electric energy. (3) The term ``new generation facility'' means any facility generating electric energy that did not generate electric energy at any time prior to January 1, 2001. (b) Exercise of Authority To Establish Cost-Based Rates.--Within 30 days after the enactment of this Act, the Commission shall issue an order establishing cost-of-service-based rates for electric energy sold at wholesale subject to the jurisdiction of the Commission under the Federal Power Act for use in that portion of the United States that is covered by the Western Systems Coordinating Council of the North American Electric Reliability Council. (c) Sunset.--Subsection (b) shall not apply to sales of electric energy after March 1, 2003. (d) New Facilities Not Covered.--The rates required under subsection (b) shall not apply to any sale of electric energy generated by any new generation facility. (e) Enforcement.-- (1) State cause of action.--If a State determines that a wholesale rate applicable to delivery of electricity within the State is not in compliance with subsection (b) or is not just and reasonable, the State may bring an action in the appropriate United States district court. Upon adequate showing that a rate is not in compliance with subsection (b) or is not just and reasonable, the court shall order refunds or other relief as appropriate. (2) Civil penalties.--Any person who violates any requirement of this section shall be subject to civil penalties equal to 3 times the value of the amount involved in such violation. The Commission shall assess such penalties, after notice and opportunity for public hearing, in accordance with the same provisions as are applicable under section 31(d) of the Federal Power Act in the case of civil penalties assessed under such section 31. (f) Refunds.--In the case of sales of electric energy for use in that portion of the United States that is covered by the Western Systems Coordinating Council of the North American Electric Reliability Council the Commission shall order the refund of any rates and charges that were not just and reasonable and that applied to sales between June 1, 2000 and the enactment of this Act. Any affected State may bring an action in the appropriate United States district court to enforce this subsection. (g) Savings Provisions.--Nothing in this section shall affect any authority of the Commission existing before the enactment of this section. SEC. 4. GUARANTEE OF PAYMENT REQUIRED FOR CERTAIN EMERGENCY POWER SALES. Section 202(c) of the Federal Power Act (16 U.S.C. 825(c)) is amended by adding the following at the end thereof: ``Except during the continuance of any war, no order may be issued under this subsection unless the payment of compensation or reimbursement to the person subject to such order is fully guaranteed by the United States Government or by a State government.''. SEC. 5. SEVERABILITY. If any provision of this Act is found to be unenforceable or invalid, no other provision of this Act shall be invalidated thereby.

Energy Price and Economic Stability Act of 2001 - Instructs the Federal Energy Regulatory Commission to establish cost-of-service-based rates for electric energy (unless generated by a new generation facility) that is sold at wholesale, through April 30, 2003, for use in the area covered by the Western Systems Coordinating Council of the North American Electric Reliability Council.Provides for State enforcement of this Act.Instructs FERC to order refunds of rates and charges in the area covered by the Coordinating Council if electric energy sales were not just and reasonable.Amends the Federal Power Act to prohibit any FERC order for emergency connection or exchange of facilities unless the person subject to such order has been guaranteed full payment or reimbursement by either the Federal or State government.

To stabilize the dysfunctional wholesale power market in the Western United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Hurricane Research Initiative Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation. (2) Under secretary.--The term ``Under Secretary'' means the Under Secretary for Oceans and Atmosphere of the Department of Commerce. SEC. 3. NATIONAL HURRICANE RESEARCH INITIATIVE. (a) Requirement to Establish.--The Under Secretary and the Director shall establish an initiative known as the National Hurricane Research Initiative for the purposes described in subsection (b). (b) Purposes.--The purposes of the National Hurricane Research Initiative shall be to set research objectives based on the findings of the September 29, 2006, National Science Board report entitled ``Hurricane Warning: The Critical Need for National Hurricane Initiative''-- (1) to make recommendations to the National Science Board based on such research; (2) to assemble the expertise of the science and engineering capabilities of the United States through a multi- agency effort that is focused on-- (A) improving a better understanding of hurricane prediction, intensity, and mitigation on coastal populations; (B) infrastructure; and (C) the natural environment; and (3) to make grants to eligible entities to carry out research in the following areas: (A) Predicting hurricane intensification.--Research to improve understanding of-- (i) rapid intensity change in storms, relationships among storm size, motion and intensity; (ii) the internal dynamics of hurricanes; and (iii) the manner in which hurricanes interact with the environment. (B) Understanding air-sea interactions.--Research to improve understanding of theories of air-sea interaction that are common to the strong wind and high wave conditions associated with hurricanes, and cases in which the air-sea interface beneath hurricanes vanishes and is replaced by an emulsion, including theoretical theories, observational theories, and modeling. (C) Predicting storm surge, rainfall, and inland flooding from hurricanes and tropical storms.--Research to understand and model rainfall and flooding from hurricanes, including probabilistic modeling and mapping of storm surge risk. (D) Hurricane modification.--Basic research for modifying hurricanes to reduce the intensity or alter the movement of hurricanes by human intervention, including research to improve understanding of the potential effects of hurricane modification on precipitation and fresh water supply, as well as on climate. (E) Improved observation of hurricanes and tropical storms.--Research to improve hurricane and tropical storm observation through mobile radars, Global Positioning System technology, unmanned aerial vehicles, and ground-based and aerial wireless sensors to improve understanding of the complex nature of storms. (F) Assessing vulnerable infrastructure.--Research to develop a national engineering assessment of coastal infrastructure, including infrastructure related to levees, seawalls, drainage systems, bridges, water and sewage utilities, power, and communications, to determine the level of vulnerability of such infrastructure to damage from a hurricane. (G) Interaction of hurricanes with engineered structures.--Research to improve understanding of the impacts of hurricanes and tropical storms on buildings, structures, and housing combined with modeling essential for guiding the creation of improved building designs and construction codes in locations particularly vulnerable to hurricanes. (H) Relationship between hurricanes, climate, and natural ecosystems.--Research to improve the understanding of the complex relationships between hurricanes and climate, including research to determine the most effective methods to use observational information to examine the impacts on ecosystems over long- and short-periods of time. (I) Technologies for disaster response and recovery.--Research to improve emergency communication networks for government agencies and non-government entities and to improve communications between such networks during disaster response and recovery, including cyber-security during disaster situations and the ability to improve damage assessments during storms. (J) Evacuation planning.--Research to improve the manner in which hurricane-related information is provided to, and utilized by, the public and government officials, including research to assist officials of State or local government in determining the circumstances in which evacuations are required and in carrying out such evacuations. (K) Computational capability.--Research to improve understanding of the efficient utility of multiple models requiring sharing and inter-operability of databases, computing environments, networks, visualization tools, and analytic systems beyond what is currently available for transitioning hurricane research assets into operational practice and to provide access to robust computational facilities beyond the facilities normally accessible by the civilian research community for the hurricane research enterprise, including data acquisition and modeling capability during hurricane events. (c) Cooperation With Other Agencies.--The Under Secretary and the Director shall cooperate with the head of each appropriate Federal agency or department, research institute, university, and disaster- response or nongovernmental organization to utilize the expertise and capabilities of such entity to carry out the purposes of the National Hurricane Research Initiative, including cooperation with the heads of the following entities: (1) The National Aeronautics and Space Administration. (2) The National Institute of Standards and Technology. (3) The Department of Homeland Security, including the Federal Emergency Management Agency. (4) The Department of Energy. (5) The Defense Advanced Research Project Agency. (6) The Environmental Protection Agency. (7) The United States Geological Survey. (8) The U.S. Army Corps of Engineers. (d) Coordination.--The White House Office of Science and Technology Policy, through the National Science and Technology Council, shall coordinate the activities carried out by the United States related to the National Hurricane Research Initiative as a formal program with a well defined organizational structure and execution plan. (e) Grants.-- (1) Authority.--The Under Secretary and the Director may award grants to appropriate government agencies or departments or nongovernmental entities to carry out the purposes described in subsection (b). (2) Best practices.--The Under Secretary and the Director shall develop and make available to the public a description of best practices to be used to carry out a project with a grant awarded under this subsection. (f) Research Seminars and Forums.--The Under Secretary and the Director shall carry out a series of national seminars and forums that assemble a broad collection of scientific disciplines to direct researchers to work collaboratively to carry out the purposes described in subsection (b). (g) Authorization of Appropriations.--There is authorized to be appropriated $285,000,000 for each of the fiscal years 2008 through 2018 to carry out this section. SEC. 4. NATIONAL INFRASTRUCTURE DATABASE. (a) Requirement to Establish.--The Under Secretary and the Director shall establish a National Infrastructure Database for the purposes of-- (1) cataloging and characterizing the physical, social, and natural infrastructure in order to provide a baseline for developing standards, measuring modification, and determining loss; (2) providing information to Federal, State, and local government officials to improve information public policy related to hurricanes and tropical storms; and (3) providing data to researchers to improve their ability to measure hurricane impacts, separate such impacts from other effects, both natural and anthropogenic, make effective recommendations for improved building codes and urban planning practices, and develop effective procedures for responding to infrastructure disruption. (b) Database Requirements.--The National Infrastructure Database shall be a virtual, cyber environment that uses existing capabilities and facilities, and establishes new capabilities and facilities, as appropriate, to provide an interoperable environment and the necessary metadata and other resources needed by users of that Database. (c) Authorization of Appropriations.--There is authorized to be appropriated $20,000,000 for each of the fiscal years 2008 through 2018 to carry out this section. SEC. 5. NATIONAL HURRICANE RESEARCH MODEL. (a) Requirement to Establish.--The Under Secretary and the Director shall develop a National Hurricane Research Model to conduct integrative research and to facilitate the transfer of research knowledge to operational applications, including linking relevant theoretical, physical, and computational models from atmospheric, oceanic, economic, sociological, engineered infrastructure, and ecologic fields, conducting experimental research to understand the extensive complexities of hurricanes, and obtaining measurable results in a comprehensive framework suitable for testing end-to-end integrative systems. (b) System Requirements.--The National Hurricane Research Model shall be a physically distributed and highly coordinated working environment in which research from the National Hurricane Research can be experimentally substantiated using suitable quantitative metrics, and where a culture of interaction and collaboration can further be promoted, including in the areas of-- (1) facilities and cyberinfrastructure; (2) software integration; and (3) fixed mobile data collection platforms and data provisioning systems. (c) Authorization of Appropriations.--There is authorized to be appropriated $130,000,000 for each of the fiscal years 2008 through 2018 to carry out this section.

National Hurricane Research Initiative Act of 2006 - Requires the Under Secretary for Oceans and Atmosphere of the Department of Commerce and the Director of the National Science Foundation (NSF) to establish a National Hurricane Research Initiative and to cooperate with other specified federal agencies to carry it out. Requires such Initiative to set research objectives (based on a National Science Board report on the need for such Initiative) to: (1) make recommendations to the Board; (2) assemble the expertise of U.S. science and engineering capabilities through a multi-agency effort focused on infrastructure, the natural environment, and improving understanding of hurricane prediction, intensity, and mitigation on coastal populations; and (3) make grants for hurricane research, including regarding hurricane dynamics, modification, and observation, air-sea interaction, relationships between hurricanes and climate, predicting flooding and storm surge, coastal infrastructure, building construction, emergency communication networks, information utilization by public officials, and sharing computational capability. Directs the White House Office of Science and Technology Policy, through the National Science and Technology Council, to coordinate U.S. activities related to the Initiative as a formal program with a well-defined organizational structure and execution plan. Directs the Under Secretary and the Director to: (1) establish a National Infrastructure Database to catalog infrastructure, provide information to improve information public policy related to hurricanes, and provide data to improve researchers' abilities to measure hurricane impacts in order to improve building codes and urban planning; and (2) develop a National Hurricane Research Model to conduct integrative research and facilitate the transfer of research knowledge to operational applications.

A bill to establish the National Hurricane Research Initiative to improve hurricane preparedness, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Outer Continental Shelf Enhanced Exploration and Deep Water Incentives Act''. SEC. 2. AMENDMENTS TO THE OUTER CONTINENTAL SHELF LANDS ACT. (a) Incentives.--Section 8(a)(3) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)) is amended to read as follows: ``(3)(A) The Secretary, at his own discretion or on petition of a lessee, in order-- ``(i) to promote development and new production on producing or nonproducing leases, through primary, secondary, or tertiary recovery means; or ``(ii) to encourage production of marginal or uneconomic resources on producing or nonproducing leases, which may include the use of primary, secondary, or tertiary recovery means, may reduce, suspend, or eliminate any royalty or net profit share set forth in the leases. In the case of a petition of a lessee, the Secretary shall make a final determination under this subparagraph within 6 months after the submittal of such petition. ``(B)(i) Notwithstanding any other provision of this Act, except as provided in clauses (ii) and (iii) of this subparagraph, no royalty payment shall be due on new production from any lease located in water depths of 200 meters or greater until the capital costs directly related to such new production have been recovered by the lessee out of the proceeds from such new production. ``(ii) Notwithstanding clause (i), in any month during which the arithmetic average of the closing prices for the earliest delivery month on the New York Mercantile Exchange for Light Sweet crude oil exceeds $28.00 per barrel, any production of oil described in clause (i) shall be subject to royalties at the lease stipulated rate. ``(iii) Notwithstanding clause (i), in any month during which the arithmetic average of the closing prices for the earliest delivery month on the New York Mercantile Exchange for natural gas exceeds $3.50 per million British thermal units, any production of natural gas described in clause (i) shall be subject to royalties at the lease stipulated rate. ``(iv) The prices referred to in clauses (ii) and (iii) of this subparagraph shall be changed during any calendar year after 1993 by the percentage if any by which the consumer price index changed during the preceding calendar year, as defined in section 111(f)(4) of the Internal Revenue Code of 1986. ``(v) Nothing in this subparagraph shall be construed to affect any requirement under this section to pay bonus bids. ``(vi) For purposes of this subparagraph-- ``(I) the term `capital costs' shall be defined by the Secretary, shall include exploration costs incurred after the acquisition of the lease and development and capital production costs directly related to new production, shall not include any amounts paid as bonus bids or paid as royalties pursuant to clause (ii) or (iii), and shall be adjusted to reflect changes in the consumer price index, as defined in section 111(f)(4) of the Internal Revenue Code of 1986; and ``(II) the term `new production' means any production from a lease from which no royalties have been due on production, other than test production, prior to the date of the enactment of the Outer Continental Shelf Enhanced Exploration and Deep Water Incentives Act, or any production resulting from lease development activities under a development and production plan approved by the Secretary under section 25 after the date of the enactment of the Outer Continental Shelf Enhanced Exploration and Deep Water Incentives Act.''. (b) Frontier Areas.--Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following new subsection: ``(i) The Secretary shall, in each leasing program prepared under this section, designate as frontier areas portions of the outer Continental Shelf, if any, with respect to which the Secretary will exercise authority under section 8(a)(3)(A) to reduce, suspend, or eliminate the requirement to pay royalties. Any such designation shall include a full description of the terms of such reduction, suspension, or elimination. In designating frontier areas under this subsection, the Secretary shall take into consideration the increased capital costs associated with exploration and development in coastal or marine environments, including arctic environments, with special environmental protection requirements.''. SEC. 3. REGULATIONS. (a) Incentives.--The Secretary shall, within 180 days after the date of the enactment of this Act, issue such rules and regulations as are necessary to implement the amendment made by section 2(a). (b) Frontier Areas.--The Secretary shall, within 1 year after the date of the enactment of this Act, issue regulations defining the term ``frontier area'' for purposes of carrying out section 18(i) of the Outer Continental Shelf Lands Act.

Outer Continental Shelf Enhanced Exloration and Deep Water Incentives Act - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to suspend any royalty or net profit share set forth in Outer Continental Shelf (OCS) oil or gas leases. Declares that no royalty payment shall be due on new production from leases located in depths of 200 meters or more until the capital costs directly related to such production have been recovered out of the resulting proceeds. Requires the Secretary to designate as frontier areas those portions of the OCS with respect to which the Secretary will exercise authority to modify royalty payment requirements.

Outer Continental Shelf Enhanced Exploration and Deep Water Incentives Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear and Terrorism Threat Reduction Act of 2002''. SEC. 2. ENHANCING THREAT REDUCTION. (a) Statement of Policy.-- (1) It is the policy of the United States to work cooperatively with the Russian Federation in order to prevent the diversion of weapons of mass destruction and materials relating thereto, including nuclear, biological, and chemical weapons, as well as the scientific and technical expertise necessary to design and build weapons of mass destruction. (2) With respect to enhancing threat reduction, there should be three primary objectives, as stated in the President's review of 30 different United States-Russia cooperative programs, as follows: (A) To ensure that existing United States cooperative non-proliferation programs with the Russian Federation are focused on priority threat reduction and non-proliferation goals, and are conducted as efficiently and effectively as possible. (B) To examine what new initiatives might be undertaken to further United States threat reduction and non-proliferation goals. (C) To consider organizational and procedural changes designed to ensure a consistent and coordinated United States Government approach to cooperative programs with the Russian Federation on the reduction of weapons of mass destruction and prevention of their proliferation. (3) The goal of United States programs to assist the Russian Federation should be to have them work well, be focused on priority tasks, and be well managed. (4) In order to further cooperative efforts, the following key programs should be expanded: (A) The Department of Energy Material Protection, Control and Accounting (MPC&A) program to assist the Russian Federation secure and consolidate weapons-grade nuclear material. (B) The Department of Energy Warhead and Fissile Material Transparency Program. (C) The International Science and Technology Center (ISTC). (D) The Redirection of Biotechnical Scientists program. (E) The Department of Defense Cooperative Threat Reduction project to construct a chemical weapons destruction facility at Shchuch'ye, Russia, to enable its earliest completion at no increased expense. (5) Other programs should be adjusted, refocused, or reexamined, including-- (A) approaches to the current plutonium disposition program in the Russian Federation, in order to make the program less costly and more effective; (B) the project to end production by the Russian Federation of weapons-grade plutonium, in order to transfer the project from the Department of Defense to the Department of Energy; (C) consolidation of the Department of Energy's Nuclear Cities Initiative (NCI) with the Initiative for Proliferation Prevention (IPP), with a focus on projects to assist the Russian Federation in reduction of its nuclear warheads complex; and (D) acceleration of the Department of Energy's Second Line of Defense program to assist the Russian Federation install nuclear detection equipment at border posts. (b) Increased Funding of Certain Key Programs.--In order to guarantee that the United States-Russia non-proliferation and threat reduction efforts operate as efficiently as possible, certain key programs should receive additional funding above current levels, including-- (1) the United States-Russia Highly Enriched Uranium Purchase Agreement; (2) the Second Line of Defense program; (3) the Initiatives for Proliferation Prevention; (4) the Fissile Materials Disposition program; (5) the Redirection of Biotechnical Scientists program; (6) the Department of Energy Material Protection, Control, and Accounting (MPC&A) program; (7) the International Science and Technology Center; and (8) the Warhead and Fissile Material Transparency program. (c) Report.--Not later than six months after the date of enactment of this Act, the President shall submit to Congress a report containing recommendations on how to enhance the implementation of United States- Russia non-proliferation and threat reduction programs, which shall include-- (1) recommendations on how to improve and streamline the contracting and procurement practices of those programs; and (2) a listing of impediments to the efficient and effective implementation of those programs. SEC. 3. COMPREHENSIVE INVENTORIES AND DATA EXCHANGES BETWEEN THE UNITED STATES AND THE RUSSIAN FEDERATION ON WEAPONS-GRADE MATERIAL AND NUCLEAR WEAPONS. (a) Findings.--Congress finds that inventories of weapons-grade material and warheads should be tracked in order, among other things-- (1) to make it more likely that the Russian Federation can fully account for its entire inventory of weapons-grade material and assembled weapons; and (2) to make it more likely that the sources of any material or weapons possessed or used by any foreign state or terrorist organization can be identified. (b) Statement of Policy.--It is the policy of the United States to establish jointly with the Russian Federation comprehensive inventories and data exchanges of Russian and United States weapons-grade material and assembled warheads, with particular attention to tactical, or ``nonstrategic'' warheads, one of the most likely weapons a terrorist organization or terrorist state would attempt to acquire, and with particular attention focused on weapons that have been removed from deployment. (c) Assistance in Developing Comprehensive Inventories.-- Notwithstanding any other provision of law, the United States Government shall work with the Russian Federation to develop comprehensive inventories of Russian weapons-grade plutonium and highly enriched uranium programs and assembled warheads, with special attention to be focused on tactical warheads and warheads that have been removed from deployment. (d) Data Exchanges.--As part of this process, to the maximum extent practicable, without jeopardizing United States national security interests, the United States is authorized to enter into ongoing data exchanges with the Russian Federation on categories of material and weapons described in subsection (c). (e) Report.--Not later than six months after the date of enactment of this Act, and annually thereafter until a comprehensive inventory is created and the information collected from the inventory exchanged between the governments of the United States and the Russian Federation, the President shall submit to Congress a report, in both an unclassified and classified form as necessary, describing the progress that has been made toward that objective. SEC. 4. COMMISSION TO ASSESS THE TRANSITION FROM MUTUALLY ASSURED DESTRUCTION (MAD) TO MUTUALLY ASSURED SECURITY (MAS). (a) Statement of Policy.--With the end of the Cold War more than a decade ago, with the United States and the Russian Federation fighting together against global terrorism, and with the Presidents of the United States and the Russian Federation agreeing to establish ``a new strategic framework to ensure the mutual security of the United States and Russia, and the world community'', the United States and the Russian Federation should increase significantly their efforts to put dangerous and unnecessary elements of the Cold War to rest. (b) Establishment.--In order to assist with the policy expressed in subsection (a), the President is authorized to conclude an agreement with the Russian Federation for the establishment of a Joint United States-Russia Commission to Assess the Transition from Mutual Assured Destruction (MAD) to Mutual Assured Security (MAS) (in this section referred to as the ``Commission''). (c) Composition.--The United States delegation of the Commission shall consist of 13 members appointed by the President, as follows: (1) Three members, after consultation with the Speaker of the House of Representatives. (2) Three members, after consultation with the Majority Leader of the Senate. (3) Two members, after consultation with the Minority Leader of the House of Representatives. (4) Two members, after consultation with the Minority Leader of the Senate. (5) Two members as the President may determine. (d) Qualifications.--The United States members of the Commission shall be appointed from among private United States citizens with knowledge and expertise in United States-Russia strategic stability issues. (e) Chair.--The chair of the Commission should be chosen by consensus from among the members of the Commission. (f) Russian Commission.--The President should make every effort to encourage the Government of the Russian Federation to appoint a Russian Federation delegation of the Commission that would jointly meet and discuss the issues described in subsection (g). (g) Duties of the Commission.--The duties of the Commission should include consideration of how-- (1) to ensure that the reduction of strategic nuclear weapons announced by the United States and the Russian Federation in November 2001 take effect in a rapid, safe, verifiable and irreversible manner; (2) to preserve and enhance START I monitoring and verification mechanisms; (3) to develop additional monitoring and verification mechanisms; (4) to preserve the benefits of the unratified START II agreement, especially those measures that affect strategic stability; (5) to ensure the safety of warheads removed from deployment; (6) to safely and verifiably dismantle warheads in excess of the ceiling established by the President Bush at the November 2001 United States-Russia summit; (7) to begin a new high-level dialogue to discuss United States and Russian Federation proposals for a global and theater level missile defense systems; (8) to extend presidential decision-making time as it relates to nuclear weapons operations; (9) to improve Russian-American cooperative efforts to enhance strategic early warning, including but not limited to the Joint Data Exchange Center and the Russian-American Observation Satellite; and (10) to increase cooperation between the United States and the Russian Federation on the programs and activities described in sections 2 and 3. (e) Cooperation.--In carrying out its duties, the Commission should receive the full and timely cooperation of United States Government officials, including providing the Commission with analyses, briefings, and other information necessary for the fulfillment of its responsibilities. (f) Report.--The Commission shall, not later than six months after the date of its first meeting, submit to Congress an interim report on its findings and, not later than six months after submission of the interim report, submit to Congress a final report containing its conclusions.

Nuclear and Terrorism Threat Reduction Act of 2002 - States the policy of the United States to work cooperatively with the Russian Federation in order to prevent the diversion of weapons of mass destruction and related materials, including nuclear, biological, and chemical weapons, as well as scientific and technical expertise necessary to design and build weapons of mass destruction.Requires the U.S. Government to work with the Russian Federation to develop comprehensive inventories of Russian weapons-grade material and warheads.Authorizes the President to conclude an agreement with the Russian Federation for the establishment of a joint United States-Russia Commission to Assess the Transition from Mutual Assured Destruction to Mutual Assured Security.

A bill to promote enhanced non-proliferation cooperation between the United States and the Russian Federation.

SECTION 1. TAX CREDIT FOR ENERGY CONSERVATION EXPENDITURES. (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 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. ENERGY CONSERVATION EXPENDITURES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the energy conservation expenditures made by the taxpayer during such year. ``(b) Maximum Credit.--The amount of the credit allowed under subsection (a) with respect to each dwelling unit for the taxable year shall not exceed $2,000. ``(c) Energy Conservation Expenditures.--For purposes of this section-- ``(1) In general.--The term `energy conservation expenditures' means expenditures made by the taxpayer for qualified energy property-- ``(A) which is certified to equal or exceed energy conservation standards for such property or for the installation of such property as prescribed by the Secretary, in consultation with the Secretary of Energy, and ``(B) which is installed on or in connection with a dwelling unit-- ``(i) which is located in the United States, and ``(ii) which is used by the taxpayer as a residence. Such term includes expenditures for labor costs properly allocable to the onsite preparation, assembly, or installation of the property. ``(2) Qualified energy property.-- ``(A) In general.--The term `qualified energy property' means-- ``(i) swimming pool and hot tub covers, ``(ii) ceiling insulation, ``(iii) weatherstripping, ``(iv) water heater insulation blankets, ``(v) low-flow showerheads, ``(vi) caulking in ceilings, ``(vii) insulation of plenums and ducts, ``(viii) installation of storm windows with a U-value of 0.45 or less, ``(ix) thermal doors and windows, ``(x) duty cyclers, ``(xi) clock thermostats, ``(xii) evaporative coolers, ``(xiii) whole house fans, ``(xiv) external shading devices, ``(xv) thermal energy storage devices with central control systems, ``(xvi) controls and automatic switching devices between natural and electric lighting, or ``(xvii) any other property that the Secretary of Energy determines to be an effective device for the conservation of energy. ``(d) Certification.-- ``(1) Products.--A certification with respect to a qualified energy property shall be made by the manufacturer of such property. ``(2) Installation.--A certification with respect to the installation of a qualified energy property shall be made by the person who sold or installed the property. ``(3) Form of certifications.--Certifications referred to in this subsection shall be in such form as the Secretary shall prescribe, and, except in the case of a certification by a representative of a local building regulatory authority, shall include the taxpayer identification number of the person making the certification. ``(e) Special Rules.--For purposes of this section-- ``(1) Dollar amounts in case of joint occupancy.--In the case of any dwelling unit which if jointly occupied and used during any calendar year as a residence by 2 or more individuals the following shall apply: ``(A) The amount of the credit allowable under subsection (a) by reason of expenditures (as the case may be) made during such calendar year by any of such individuals with respect to such dwelling unit shall be determined by treating all of such individuals as 1 taxpayer whose taxable year is such calendar year. ``(B) There shall be allowable with respect to such expenditures to each of such individuals, a credit under subsection (a) for the taxable year in which such calendar year ends in an amount which bears the same ratio to the amount determined under subparagraph (A) as the amount of such expenditures made by such individual during such calendar year bears to the aggregate of such expenditures made by all of such individuals during such calendar year. ``(2) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made his tenant- stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. ``(3) Condominiums.-- ``(A) In general.--In the case of an individual who is a member of a condominium management association with respect to a condominium which he owns, such individual shall be treated as having made his proportionate share of any expenditures of such association. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. ``(4) Joint ownership of energy items.-- ``(A) In general.--Any expenditure otherwise qualifying as a energy conservation expenditure shall not be treated as failing to so qualify merely because such expenditure was made with respect to 2 or more dwelling units. ``(B) Limits applied separately.--In the case of any expenditure described in subparagraph (A), the amount of the credit allowable under subsection (a) shall (subject to paragraph (1)) be computed separately with respect to the amount of the expenditure made for each dwelling unit. ``(5) Allocation in certain cases.--If less than 80 percent of the use of an item is for nonbusiness residential purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness residential purposes shall be taken into account. ``(6) When expenditure made; amount of expenditure.-- ``(A) In general.--Except as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when the original installation of the item is completed. ``(B) Expenditures part of building construction.-- In the case of an expenditure in connection with the construction or reconstruction of a structure, such expenditure shall be treated as made when the original use of the constructed or reconstructed structure by the taxpayer begins. ``(C) Amount.--The amount of any expenditure shall be the cost thereof. ``(7) Other applicable rules.--Rules similar to the rules of paragraphs (4) and (5) of section 48(a) shall apply for purposes of this section. ``(f) Basis Adjustments.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(g) Denial of Double Benefit.--No deduction or other credit shall be allowed under this chapter for any expenditure for which credit is allowed under this section. ``(h) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year. ``(i) Application of Section.--This section shall apply to expenditures with respect to property placed in service after December 31, 2000.''. (b) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by striking ``or'' before ``enacted'' and by inserting before the period at the end ``, or from section 35 of such Code''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 35 and inserting the following new items: ``Sec. 35. Energy conservation expenditures. ``Sec. 36. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2000. SEC. 2. FINANCIAL ASSISTANCE TO RETROFIT SCHOOLS TO INCREASE ENERGY EFFICIENCY AND CONSERVATION. (a) In General.--The Secretary of Energy shall establish a program to be known as the ``Elementary and Secondary School Energy Efficiency and Conservation Program''. (b) Grants.-- In carrying out this section, the Secretary shall provide grants to local educational agencies to retrofit elementary and secondary schools to increase energy efficiency and conservation. (c) Eligibility.--To be eligible to receive a grant under this section, a local educational agency shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Use of Funds.--Amounts provided to a local educational agency under a grant under this section shall be used to pay the costs of-- (1)(A) energy-efficient heating, ventilation, and air conditioning; and (B) other equipment that would increase the energy efficiency of a school; and (2) insulation and other materials and equipment that would decrease the amount of energy required to operate a school. (e) Priority.--In awarding grants under this section, the Secretary shall give priority to projects to retrofit elementary and secondary schools in low-income school districts. (f) Cost Sharing.-- (1) In general.--Except as provided in paragraph (2), the Federal share of the cost of a project funded with a grant under this section shall be not more than 50 percent. (2) Financial hardship.--In a case of financial hardship, the Secretary may provide a grant in an amount exceeding 50 percent of the cost of the project. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2002 through 2006. SEC. 3. ELECTRIC UTILITY DISCLOSURE OF PEAK HOUR AND NONPEAK HOUR ELECTRIC ENERGY USE BY CONSUMERS. Each electric utility that sells electric energy at retail shall-- (1) disclose in each billing statement-- (A) the amount of electric energy used by the consumer during peak hours (as defined by the electric utility) and nonpeak hours during the billing period; and (B) the rate charged during peak hours and nonpeak hours during the billing period; and (2) from time to time provide consumers information concerning ways of reducing electric energy consumption during peak hours.

Amends the Internal Revenue Code to allow an annual residential energy credit of up to $2,000 for qualifying conservation expenditures.Directs the Secretary of Energy to establish the Elementary and Secondary School Energy Efficiency and Conservation Program to provide grants to local educational agencies to retrofit schools for increased energy conservation.Requires electric utility company billing statements to provide peak and nonpeak hour energy use and rate information.

A bill to amend the Internal Revenue Code of 1986 to provide a refundable personal credit for energy conservation expenditures, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ban Poisonous Additives Act of 2011''. SEC. 2. REQUIREMENTS WITH RESPECT TO BISPHENOL A. (a) Ban on Use of Bisphenol A in Food and Beverage Containers for Children.-- (1) Baby food; unfilled baby bottles and cups.--Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the following: ``(j)(1) If it is a food intended for children 3 years of age or younger, the container of which (including the lining of such container) is composed, in whole or in part, of bisphenol A. ``(2) If it is a baby bottle or cup that is composed, in whole or in part, of bisphenol A.''. (2) Definition.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(rr) Baby Bottle or Cup.--For purposes of section 402(j), the term `baby bottle or cup' means a bottle or cup that-- ``(1) is intended to aid in the feeding or providing of drink to children 3 years of age or younger; and ``(2) does not contain a food when such bottle or cup is sold or distributed at retail.''. (3) Effective dates.-- (A) Baby food.--Section 402(j)(1) of the Federal Food, Drug, and Cosmetic Act, as added by paragraph (1), shall take effect 1 year after the date of enactment of this Act. (B) Unfilled baby bottles and cups.--Section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act, as added by paragraph (1), shall take effect 180 days after the date of enactment of this Act. (b) Ban on Use of Bisphenol A in Infant Formula Containers.-- (1) In general.--Section 412(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a(a)) is amended-- (A) in paragraph (2), by striking ``, or'' and inserting ``,''; (B) in paragraph (3), by striking the period at the end and inserting ``, or''; and (C) by adding at the end the following: ``(4) the container of such infant formula (including the lining of such container and, in the case of infant formula powder, excluding packaging on the outside of the container that does not come into contact with the infant formula powder) is composed, in whole or in part, of bisphenol A.''. (2) Effective date.--The amendments made by paragraph (1) shall take effect 18 months after the date of enactment of this Act. (c) Regulation of Other Containers Composed of Bisphenol A.-- (1) Safety assessment of products composed of bpa.--Not later than December 1, 2012, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall issue a revised safety assessment for food containers composed, in whole or in part, of bisphenol A, taking into consideration different types of such food containers and the use of such food containers with respect to different foods, as appropriate. (2) Safety standard.--Through the safety assessment described in paragraph (1), and taking into consideration the requirements of section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348) and section 170.3(i) of title 21, Code of Federal Regulations, the Secretary shall determine whether there is a reasonable certainty that no harm will result from aggregate exposure to bisphenol A through food containers or other items composed, in whole or in part, of bisphenol A, taking into consideration potential adverse effects from low dose exposure, and the effects of exposure on vulnerable populations, including pregnant women, infants, children, the elderly, and populations with high exposure to bisphenol A. (3) Application of safety standard to alternatives.--The Secretary shall use the safety standard described under paragraph (2) to evaluate the proposed uses of alternatives to bisphenol A. (d) Savings Provision.--Nothing in this section shall affect the right of a State, political subdivision of a State, or Indian Tribe to adopt or enforce any regulation, requirement, liability, or standard of performance that is more stringent than a regulation, requirement, liability, or standard of performance under this section or that-- (1) applies to a product category not described in this section; or (2) requires the provision of a warning of risk, illness, or injury associated with the use of food containers composed, in whole or in part, of bisphenol A. (e) Definition.--For purposes of this section, the term ``container'' includes the lining of a container.

Ban Poisonous Additives Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to deem to be adulterated: (1) food intended for children three years of age or younger if the container is composed of bisphenol A (BPA); (2) a baby bottle or cup that is intended for use by children three years of age or younger, that does not contain a food when such bottle or cup is sold or distributed at retail, and that is composed of BPA; and (3) infant formula if the container (excluding packaging on the outside of a container that does not come into contact with infant formula powder) is composed of BPA. Requires the Secretary of Health and Human Services (HHS) to: (1) issue a revised safety assessment for food containers composed of BPA, taking into consideration different types of such containers and the use of such containers with respect to different foods; and (2) determine whether there is a reasonable certainty that no harm will result from aggregate exposure to BPA through food containers or other items composed of BPA, taking into consideration potential adverse effects from low-dose exposure and the effects of exposure on vulnerable populations, including pregnant women, infants, children, the elderly, and populations with high exposure to BPA.

A bill to establish requirements with respect to bisphenol A.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Alternative Fueled Vehicles Competitiveness and Energy Security Act of 2013''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Loan guarantees for alternative fuel infrastructure. Sec. 4. Advanced technology vehicles manufacturing incentive program. Sec. 5. Conventional fuel replacement calculation and assessment. Sec. 6. Technical assistance and coordination. Sec. 7. Workforce training. Sec. 8. Reduction of engine idling and conventional fuel consumption. Sec. 9. Electric, hydrogen, and natural gas utility and oil pipeline participation. Sec. 10. Federal fleets. Sec. 11. HOV lane access extension. SEC. 2. DEFINITIONS. In this Act: (1) Alternative fuel.--The term ``alternative fuel'' has the meaning given the term in section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211). (2) Alternative fueled vehicle.--The term ``alternative fueled vehicle'' has the meaning given the term in section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211). (3) Community college.--The term ``community college'' has the meaning given the term ``junior or community college'' in section 312 of the Higher Education Act of 1965 (20 U.S.C. 1058). (4) Department.--The term ``Department'' means the Department of Energy. (5) Nonroad vehicle.-- (A) In general.--The term ``nonroad vehicle'' means a vehicle that is not licensed for onroad use. (B) Inclusions.--The term ``nonroad vehicle'' includes a vehicle described in subparagraph (A) that is used principally-- (i) for industrial, farming, or commercial use; (ii) for rail transportation; (iii) at an airport; or (iv) for marine purposes. (6) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. LOAN GUARANTEES FOR ALTERNATIVE FUEL INFRASTRUCTURE. Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by adding at the end the following: ``(11) Infrastructure for provision and distribution of alternative fuels.''. SEC. 4. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM. Section 136 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (ii) in the matter preceding clause (i) (as redesignated by clause (i)), by striking ``means an ultra efficient vehicle or a light duty vehicle that meets--'' and inserting ``means-- ``(A) an ultra efficient vehicle or a light duty vehicle that meets--''; (iii) in clause (iii) (as redesignated by clause (i)), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: ``(B) a vehicle (such as a medium-duty or heavy- duty work truck, bus, or rail transit vehicle) that-- ``(i) is used on a public street, road, highway, or transitway; ``(ii) meets each applicable emission standard that is established as of the date of the application; and ``(iii) will reduce consumption of conventional motor fuel by 25 percent or more, as compared to existing surface transportation technologies that perform a similar function, unless the Secretary determines that-- ``(I) the percentage is not achievable for a vehicle type or class; and ``(II) an alternative percentage for that vehicle type or class will result in substantial reductions in motor fuel consumption within the United States.''; (B) in paragraph (3)(B)-- (i) by striking ``equipment and'' and inserting ``equipment,''; and (ii) by inserting ``, and manufacturing process equipment'' after ``suppliers''; and (C) by striking paragraph (4) and inserting the following: ``(4) Qualifying components.--The term `qualifying components' means components, systems, or groups of subsystems that the Secretary determines-- ``(A) to be designed to improve fuel economy or otherwise substantially reduce consumption of conventional motor fuel; or ``(B) to contribute measurably to the overall improved fuel use of an advanced technology vehicle, including idle reduction technologies.''; (2) in subsection (b), in the matter preceding paragraph (1), by striking ``to automobile'' and inserting ``to advanced technology vehicle''; (3) in subsection (d)(1), in the first sentence, by striking ``a total of not more than $25,000,000,000 in''; (4) in subsection (h)-- (A) in the subsection heading, by striking ``Automobile'' and inserting ``Advanced Technology Vehicle''; and (B) in paragraph (1)(B), by striking ``automobiles'' each place it appears and inserting ``advanced technology vehicles''; and (5) in subsection (i), by striking ``2012'' and inserting ``2018''. SEC. 5. CONVENTIONAL FUEL REPLACEMENT CALCULATION AND ASSESSMENT. (a) Methodology.--Not later than 180 days after the date of enactment of this Act, the Secretary shall, by rule, develop a methodology for calculating the equivalent volumes of conventional fuel displaced by use of each alternative fuel to assess the effectiveness of alternative fuel and alternative fueled vehicles in reducing oil imports. (b) National Assessment.--Not later than 3 years after the date of enactment of this Act, the Secretary shall-- (1) conduct a national assessment (using the methodology developed under subsection (a)) of the effectiveness of alternative fuel and alternative fueled vehicles in reducing oil imports into the United States, including as assessment of-- (A) market penetration of alternative fuel and alternative fueled vehicles in the United States; (B) successes and barriers to deployment identified by the programs established under this Act; and (C) the maximum feasible deployment of alternative fuel and alternative fueled vehicles by 2020 and 2030; and (2) report to Congress the results of the assessment. SEC. 6. TECHNICAL ASSISTANCE AND COORDINATION. (a) Technical Assistance to State, Local, and Tribal Governments.-- (1) In general.--In carrying out this title, the Secretary shall provide, at the request of the Governor, mayor, county executive, public utility commissioner, or other appropriate official or designee, technical assistance to State, local, and tribal governments or to a public-private partnership described in paragraph (2) to assist with the deployment of alternative fuel and alternative fueled vehicles and infrastructure. (2) Public-private partnership.--Technical assistance under this section may be awarded to a public-private partnership, comprised of State, local or tribal governments and nongovernmental entities, including-- (A) electric or natural gas utilities or other alternative fuel distributors; (B) vehicle manufacturers; (C) alternative fueled vehicle or alternative fuel technology providers; (D) vehicle fleet owners; (E) transportation and freight service providers; or (F) other appropriate non-Federal entities, as determined by the Secretary. (3) Assistance.--The technical assistance described in paragraph (1) may include-- (A) coordination in the selection, location, and timing of alternative fuel recharging and refueling equipment and distribution infrastructure, including the identification of transportation corridors and specific alternative fuels that would be made available; (B) development of protocols and communication standards that facilitate vehicle refueling and recharging into electric, natural gas, and other alternative fuel distribution systems; (C) development of codes and standards for the installation of alternative fuel distribution and recharging and refueling equipment; (D) education and outreach for the deployment of alternative fuel and alternative fueled vehicles; and (E) utility rate design and integration of alternative fueled vehicles into electric and natural gas utility distribution systems. (b) Cost Sharing.--Cost sharing for assistance awarded under this section shall be consistent with section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352). (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2014 through 2018. SEC. 7. WORKFORCE TRAINING. (a) In General.--The Secretary, in consultation with the Secretary of Labor, shall award grants to community colleges, other institutions of higher education, and other qualified training and education institutions for the establishment or expansion of programs to provide training and education for vocational workforce development for-- (1) the manufacture and maintenance of alternative fueled vehicles; and (2) the manufacture, installation, support, and inspection of alternative fuel recharging, refueling, and distribution infrastructure. (b) Purpose.--Training funded under this section shall be intended to ensure that the workforce has the necessary skills needed to manufacture, install, and maintain alternative fuel infrastructure and alternative fueled vehicles. (c) Scope.--Training funded under this section shall include training for-- (1) electricians, plumbers, pipefitters, and other trades and contractors who will be installing, maintaining, or providing safety support for alternative fuel recharging, refueling, and distribution infrastructure; (2) building code inspection officials; (3) vehicle, engine, and powertrain dealers and mechanics; and (4) others positions as the Secretary determines necessary to successfully deploy alternative fuels and vehicles. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2014 through 2018. SEC. 8. REDUCTION OF ENGINE IDLING AND CONVENTIONAL FUEL CONSUMPTION. (a) Definition of Idle Reduction Technology.--Section 756(a) of the Energy Policy Act of 2005 (42 U.S.C. 16104(a)) is amended by striking paragraph (5) and inserting the following: ``(5) Idle reduction technology.--The term `idle reduction technology' means an advanced truck stop electrification system, auxiliary power unit, or other technology that-- ``(A)(i) is used to reduce long-duration idling; and ``(ii) allows for the main drive engine or auxiliary refrigeration engine to be shut down; or ``(B) uses an alternative fuel to reduce consumption of conventional fuel and environmental emissions.''. (b) Funding.--Section 756(b)(4)(B) of the Energy Policy Act of 2005 (42 U.S.C. 16104(b)(4)(B)) is amended in clauses (i) and (ii) by striking ``fiscal year 2008'' each place it appears and inserting ``each of fiscal years 2008 through 2018''. SEC. 9. ELECTRIC, HYDROGEN, AND NATURAL GAS UTILITY AND OIL PIPELINE PARTICIPATION. (a) In General.--The Secretary shall identify barriers and remedies in existing electric and natural gas and oil pipeline transmission and distribution systems to the distribution of alternative fuels and the deployment of alternative fuel recharging and refueling capability, at economically competitive costs of alternative fuel for consumers, including-- (1) model regulatory rate design and billing for recharging and refueling alternative fueled vehicles; (2) electric grid load management and applications that will allow batteries in plug-in electric drive vehicles to be used for grid storage, ancillary services provision, and backup power; (3) integration of plug-in electric drive vehicles with smart grid technology, including protocols and standards, necessary equipment, and information technology systems; (4) technical and economic barriers to transshipment of biofuels by oil pipelines, or distribution of hydrogen; and (5) any other barriers to installing sufficient and appropriate alternative fuel recharging and refueling infrastructure. (b) Consultation.--The Secretary shall carry out this section in consultation with-- (1) the Federal Energy Regulatory Commission; (2) State public utility commissions; (3) State consumer advocates; (4) electric and natural gas utility and transmission owners and operators; (5) oil pipeline owners and operators; (6) hydrogen suppliers; and (7) other affected entities. (c) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report describing actions taken to carry out this section. SEC. 10. FEDERAL FLEETS. (a) In General.--The Secretary (in consultation with the Administrator of General Services, the Secretary of Defense, the Postmaster General, and the Director of the Office of Management and Budget) shall establish an interagency coordination council for the development and procurement of alternative fueled vehicles by Federal agencies. (b) Electricity and Natural Gas.--Electricity and natural gas consumed by Federal agencies to fuel alternative fueled vehicles shall be-- (1) considered an alternative fuel; and (2) accounted for under Federal fleet management reporting requirements, rather than under Federal building management reporting requirements. (c) Assessment and Report.--Not later than 180 days after the date of enactment of this Act, the Secretary (in consultation with the Administrator of General Services, the Secretary of Defense, the Postmaster General, and the Director of the Office of Management and Budget) shall complete an assessment of Federal Government fleets (including the United States Postal Service and the Department of Defense) and submit to Congress a report that describes-- (1) for each Federal agency with a fleet of more than 200 vehicles, which types of vehicles the agency uses that would or would not be suitable for alternative fuel use either through the procurement of new alternative fueled vehicles, or the conversion to alternative fuel, taking into account the types of vehicles for which alternative fuel could provide comparable functionality and lifecycle costs; (2) the quantity of alternative fueled vehicles that could be deployed by the Federal Government in 5 years and in 10 years, assuming that the vehicles are available and are purchased when new vehicles are needed or existing vehicles are replaced; and (3) the estimated cost and benefits to the Federal Government for vehicle purchases or conversions described in this subsection. SEC. 11. HOV LANE ACCESS EXTENSION. Section 166(b)(5) of title 23, United States Code, is amended-- (1) in subparagraph (A), by striking ``Before September 30, 2017, the State'' and inserting ``The State''; and (2) in subparagraph (B), by striking ``Before September 30, 2017, the State'' and inserting ``The State''.

Alternative Fueled Vehicles Competitiveness and Energy Security Act of 2013 - Amends the Energy Policy Act of 2005 to expand the list of technology categories that are eligible for loan guarantees by including a category for infrastructure for provision and distribution of alternative fuels. Amends the Energy Independence and Security Act of 2007 to: (1) redefine "advanced technology vehicle," for purposes of the advanced technology vehicles manufacturing incentive program, to include certain vehicles that will reduce consumption of conventional motor fuel by 25% or more compared to existing surface transportation technologies that perform a similar function; (2) repeal the limit on the amount of appropriations that may be used for direct loans under such program; and (3) extend funding through FY2018 for such program. Directs the Secretary to: (1) assess the effectiveness of alternative fuel and alternative fueled vehicles in reducing oil imports; (2) provide technical assistance for the deployment of alternative fuel and alternative fueled vehicles and infrastructure; and (3) award grants to provide training and education for vocational workforce development for the manufacture and maintenance of alternative fueled vehicles and the manufacture, installation, support, and inspection of alternative fuel recharging, refueling, and distribution infrastructure. Amends the Energy Policy Act of 2005 to: (1) redefine "idle reduction technology" to include a technology that uses an alternative fuel to reduce consumption of conventional fuel and environmental emissions; and (2) extend appropriations through FY2018 to reduce extended idling from heavy-duty vehicles and locomotives. Requires the Secretary to identify barriers and remedies in electric and natural gas and oil pipeline transmission and distribution systems to the distribution of alternative fuels and the deployment of alternative fuel recharging and refueling capability at economically competitive costs for consumers. Requires the Secretary to establish an interagency coordination council for the development and procurement of alternative fueled vehicles by federal agencies. Requires electricity and natural gas consumed by federal agencies to fuel alternative fueled vehicles to be considered an alternative fuel and accounted for under federal fleet management reporting requirements, rather than under federal building management reporting requirements. Requires the Secretary to assess federal government fleets. Extends states' authority to allow inherently low-emission and energy-efficient vehicles to use high occupancy vehicle (HOV) lanes.

Alternative Fueled Vehicles Competitiveness and Energy Security Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Regulatory Transparency for New Medical Therapies Act''. SEC. 2. SCHEDULING OF SUBSTANCES INCLUDED IN NEW FDA-APPROVED DRUGS. (a) Effective Date of Approval.-- (1) Effective date of drug approval.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended by adding at the end the following: ``(x) Date of Approval in the Case of Recommended Controls Under the CSA.-- ``(1) In general.--In the case of an application under subsection (b) with respect to a drug for which the Secretary provides notice to the sponsor that the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act, approval of such application shall not take effect until the interim final rule controlling the drug is issued in accordance with section 201(j) of the Controlled Substances Act. ``(2) Date of approval.--For purposes of this section, with respect to an application described in paragraph (1), the term `date of approval' shall mean the later of-- ``(A) the date an application under subsection (b) is approved under subsection (c); or ``(B) the date of issuance of the interim final rule controlling the drug.''. (2) Effective date of approval of biological products.--Section 351 of the Public Health Service Act (42 U.S.C. 262) is amended by adding at the end the following: ``(n) Date of Approval in the Case of Recommended Controls Under the CSA.-- ``(1) In general.--In the case of an application under subsection (a) with respect to a biological product for which the Secretary provides notice to the sponsor that the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act, approval of such application shall not take effect until the interim final rule controlling the biological product is issued in accordance with section 201(j) of the Controlled Substances Act. ``(2) Date of approval.--For purposes of this section, with respect to an application described in paragraph (1), references to the date of approval of such application, or licensure of the product subject to such application, shall mean the later of-- ``(A) the date an application is approved under subsection (a); or ``(B) the date of issuance of the interim final rule controlling the biological product.''. (3) Effective date of approval of animal drugs.-- (A) In general.--Section 512 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b) is amended by adding at the end the following: ``(q) Date of Approval in the Case of Recommended Controls Under the CSA.-- ``(1) In general.--In the case of an application under subsection (b) with respect to a drug for which the Secretary provides notice to the sponsor that the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act, approval of such application shall not take effect until the interim final rule controlling the drug is issued in accordance with section 201(j) of the Controlled Substances Act. ``(2) Date of approval.--For purposes of this section, with respect to an application described in paragraph (1), the term `date of approval' shall mean the later of-- ``(A) the date an application under subsection (b) is approved under subsection (c); or ``(B) the date of issuance of the interim final rule controlling the drug.''. (B) Conditional approval.--Section 571(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360ccc(d)) is amended by adding at the end the following: ``(4)(A) In the case of an application under subsection (a) with respect to a drug for which the Secretary provides notice to the sponsor that the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act, conditional approval of such application shall not take effect until the interim final rule controlling the drug is issued in accordance with section 201(j) of the Controlled Substances Act. ``(B) For purposes of this section, with respect to an application described in subparagraph (A), the term `date of approval' shall mean the later of-- ``(i) the date an application under subsection (a) is conditionally approved under subsection (b); or ``(ii) the date of issuance of the interim final rule controlling the drug.''. (C) Indexing of legally marketed unapproved new animal drugs.--Section 572 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360ccc-1) is amended by adding at the end the following: ``(k) In the case of a request under subsection (d) to add a drug to the index under subsection (a) with respect to a drug for which the Secretary provides notice to the person filing the request that the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act, a determination to grant the request to add such drug to the index shall not take effect until the interim final rule controlling the drug is issued in accordance with section 201(j) of the Controlled Substances Act.''. (4) Date of approval for designated new animal drugs.--Section 573(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360ccc-2(c)) is amended by adding at the end the following: ``(3) For purposes of determining the 7-year period of exclusivity under paragraph (1) for a drug for which the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act, the drug shall not be considered approved or conditionally approved until the date that the interim final rule controlling the drug is issued in accordance with section 201(j) of the Controlled Substances Act.''. (b) Scheduling of Newly Approved Drugs.--Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by inserting after subsection (i) the following: ``(j)(1) With respect to a drug referred to in subsection (f), if the Secretary of Health and Human Services recommends that the Attorney General control the drug in schedule II, III, IV, or V pursuant to subsections (a) and (b), the Attorney General shall, not later than 90 days after the date described in paragraph (2), issue an interim final rule controlling the drug in accordance with such subsections and section 202(b) using the procedures described in paragraph (3). ``(2) The date described in this paragraph shall be the later of-- ``(A) the date on which the Attorney General receives the scientific and medical evaluation and the scheduling recommendation from the Secretary of Health and Human Services in accordance with subsection (b); or ``(B) the date on which the Attorney General receives notification from the Secretary of Health and Human Services that the Secretary has approved an application under section 505(c), 512, or 571 of the Federal Food, Drug, and Cosmetic Act or section 351(a) of the Public Health Service Act, or indexed a drug under section 572 of the Federal Food, Drug, and Cosmetic Act, with respect to the drug described in paragraph (1). ``(3) A rule issued by the Attorney General under paragraph (1) shall become immediately effective as an interim final rule without requiring the Attorney General to demonstrate good cause therefor. The interim final rule shall give interested persons the opportunity to comment and to request a hearing. After the conclusion of such proceedings, the Attorney General shall issue a final rule in accordance with the scheduling criteria of subsections (b), (c), and (d) of this section and section 202(b).''. (c) Extension of Patent Term.--Section 156 of title 35, United States Code, is amended-- (1) in subsection (d)(1), in the matter preceding subparagraph (A), by inserting ``, or in the case of a drug product described in subsection (i), within the sixty-day period beginning on the covered date (as defined in subsection (i))'' after ``marketing or use''; and (2) by adding at the end the following: ``(i)(1) For purposes of this section, if the Secretary of Health and Human Services provides notice to the sponsor of an application or request for approval, conditional approval, or indexing of a drug product for which the Secretary intends to recommend controls under the Controlled Substances Act, beginning on the covered date, the drug product shall be considered to-- ``(A) have been approved or indexed under the relevant provision of the Public Health Service Act or Federal Food, Drug, and Cosmetic Act; and ``(B) have permission for commercial marketing or use. ``(2) In this subsection, the term `covered date' means the later of-- ``(A) the date an application is approved-- ``(i) under section 351(a)(2)(C) of the Public Health Service Act; or ``(ii) under section 505(b) or 512(c) of the Federal Food, Drug, and Cosmetic Act; ``(B) the date an application is conditionally approved under section 571(b) of the Federal Food, Drug, and Cosmetic Act; ``(C) the date a request for indexing is granted under section 572(d) of the Federal Food, Drug, and Cosmetic Act; or ``(D) the date of issuance of the interim final rule controlling the drug under section 201(j) of the Controlled Substances Act.''. SEC. 3. ENHANCING NEW DRUG DEVELOPMENT. Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following: ``(i)(1) For purposes of registration to manufacture a controlled substance under subsection (d) for use only in a clinical trial, the Attorney General shall register the applicant, or serve an order to show cause upon the applicant in accordance with section 304(c), not later than 180 days after the date on which the application is accepted for filing. ``(2) For purposes of registration to manufacture a controlled substance under subsection (a) for use only in a clinical trial, the Attorney General shall, in accordance with the regulations issued by the Attorney General, issue a notice of application not later than 90 days after the application is accepted for filing. Not later than 90 days after the date on which the period for comment pursuant to such notice ends, the Attorney General shall register the applicant, or serve an order to show cause upon the applicant in accordance with section 304(c), unless the Attorney General has granted a hearing on the application under section 1008(i) of the Controlled Substances Import and Export Act.''. SEC. 4. RE-EXPORTATION AMONG MEMBERS OF THE EUROPEAN ECONOMIC AREA. Section 1003 of the Controlled Substances Import and Export Act (21 U.S.C. 953) is amended-- (1) in subsection (f)-- (A) in paragraph (5)-- (i) by striking ``(5)'' and inserting ``(5)(A)''; (ii) by inserting ``, except that the controlled substance may be exported from a second country that is a member of the European Economic Area to another country that is a member of the European Economic Area, provided that the first country is also a member of the European Economic Area'' before the period at the end; and (iii) by adding at the end the following: ``(B) Subsequent to any re-exportation described in subparagraph (A), a controlled substance may continue to be exported from any country that is a member of the European Economic Area to any other such country, if-- ``(i) the conditions applicable with respect to the first country under paragraphs (1), (2), (3), (4), (6), and (7) are met by each subsequent country from which the controlled substance is exported pursuant to this paragraph; and ``(ii) the conditions applicable with respect to the second country under paragraphs (1), (2), (3), (4), (6), and (7) are met by each subsequent country to which the controlled substance is exported pursuant to this paragraph.''; and (B) in paragraph (6)-- (i) by striking ``(6)'' and inserting ``(6)(A)''; and (ii) by adding at the end the following: ``(B) In the case of re-exportation among members of the European Economic Area, within 30 days after each re-exportation, the person who exported the controlled substance from the United States delivers to the Attorney General-- ``(i) documentation certifying that such re-exportation has occurred; and ``(ii) information concerning the consignee, country, and product.''; and (2) by adding at the end the following: ``(g) Limitation.--Subject to paragraphs (5) and (6) of subsection (f) in the case of any controlled substance in schedule I or II or any narcotic drug in schedule III or IV, the Attorney General shall not promulgate nor enforce any regulation, subregulatory guidance, or enforcement policy which impedes re-exportation of any controlled substance among European Economic Area countries, including by promulgating or enforcing any requirement that-- ``(1) re-exportation from the first country to the second country or re-exportation from the second country to another country occur within a specified period of time; or ``(2) information concerning the consignee, country, and product be provided prior to exportation of the controlled substance from the United States or prior to each re-exportation among members of the European Economic Area.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on October 26, 2015. Improving Regulatory Transparency for New Medical Therapies Act (Sec. 2) This bill amends the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act to delay the effective date of approval of a drug, biological product, or animal drug for which the Food and Drug Administration (FDA) recommends controls under the Controlled Substances Act until the Department of Justice (DOJ) issues a final interim rule for the drug. This delay also applies to conditional approval and indexing of animal drugs. This bill amends the Controlled Substances Act to require the DOJ to issue a final interim rule for a drug product recommended for controls by the FDA not later than 90 days after DOJ receives a recommendation for controls or the FDA approves the drug. The final interim rule is effective immediately. For purposes of submitting an application to extend a patent, a drug product recommended for controls is considered to be approved and have permission for commercial marketing and use on the date of FDA approval or the date an interim final rule is issued, whichever is later. (Sec. 3) Timelines are established for DOJ to either register an applicant to manufacture a controlled substance for a clinical trial or serve an order to show cause upon the applicant. (Sec. 4) This bill amends the Controlled Substances Import and Export Act to allow exported controlled substances to be re-exported within the European Economic Area.

Improving Regulatory Transparency for New Medical Therapies Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Multilingual Education and Technological Advancement Act of 2001''. SEC. 2. GRANTS FOR COMPUTER SOFTWARE FOR MULTILINGUAL EDUCATION. (a) Grants Authorized.--Subject to the availability of appropriations, the Secretary of Education may award grants, on a competitive basis, to local educational agencies to provide financial assistance to elementary and secondary schools for obtaining computer software for multilingual education. (b) Preference.--In awarding grants under subsection (a), the Secretary shall give preference to local educational agencies that serve an elementary or secondary school in which-- (1) a majority of the students are from families with incomes below the poverty line, as defined by the Office of Management and Budget and in effect under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)); or (2) there is a high concentration of students with low levels of English proficiency. (c) Eligible Schools.--A grant under this section may be used to provide financial assistance only to an elementary or secondary school that meets the criteria of paragraph (1) or (2) of subsection (b). (d) Study.-- (1) In general.--The Secretary shall conduct an annual study of the effectiveness of the grant program under this section. (2) Report.--By the end of each fiscal year for which appropriations to carry out this Act are available, the Secretary shall transmit to the Congress a report that includes the following: (A) Findings on the effectiveness of this grant program, including the effectiveness of the computer software. (B) Recommendations for improving this grant program. (e) Application.--To seek a grant under subsection (a), a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for grants under this section $80,000,000 for fiscal years 2002 through 2006. SEC. 3. GRANTS FOR COMPUTERS. (a) Grants Authorized.--Subject to the availability of appropriations, the Secretary of Education may award grants, on a competitive basis, to local educational agencies to provide financial assistance to elementary and secondary schools for obtaining computers. (b) Mandatory Grants.--The Secretary shall award a grant under subsection (a) to any local educational agency that-- (1) submits an application under subsection (c); and (2) serves elementary or secondary schools in which, cumulatively, a majority of the students are from families with incomes below the poverty line, as defined by the Office of Management and Budget and in effect under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). (c) Eligible Schools.--A grant under this section may be used to provide financial assistance only to an elementary or secondary school in which-- (1) a majority of students are from families with incomes below the poverty line, as defined by the Office of Management and Budget and in effect under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)); or (2) there are fewer computers than the greater of-- (A) 6 computers; or (B) a number of computers for that type school established by the Secretary by a regulation under this paragraph. (d) Application.--To seek a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for grants under this section $100,000,000 for each of fiscal years 2002 through 2006. SEC. 4. INFORMATION TECHNOLOGY TRAINING AND MULTILINGUAL EDUCATION PROGRAM GRANTS. (a) In General.--Subject to the availability of appropriations, the Secretaries may make grants to eligible partnerships to pay the Federal share of the cost of establishing and carrying out-- (1) information technology training programs for former participants in information technology training programs who have not received information technology certification, minorities, women, older individuals, veterans, Native Americans, and dislocated workers; and (2) multilingual education programs. (b) Partnerships.--To be an eligible partnership under subsection (a), a partnership shall consist of-- (1) an institution of higher education; and (2) a private organization, such as a certified commercial information technology training provider or an information technology trade or professional association. (c) Application.--To seek a grant under subsection (a), an eligible partnership shall submit an application to the Secretaries at such time, in such manner, and containing such information as the Secretaries may require. (d) Federal Share.-- (1) In general.--The Federal share of the cost described in subsection (a) shall be 50 percent. (2) Non-federal share.--The non-Federal share of the cost shall be provided in cash or in kind, fairly evaluated by the Secretaries, and may include plant, equipment, or services. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretaries to carry out this section $100,000,000 for fiscal year 2002 and such sums as may be necessary for each subsequent fiscal year. SEC. 5. BONUS GRANTS FOR INFORMATION TECHNOLOGY CERTIFICATION. (a) In General.--Subject to the availability of appropriations, the Secretary of Education may make grants to local educational agencies to assist such agencies in awarding bonuses to teachers who achieve information technology certification. (b) Limitation on Amount.--The amount of a grant to a local educational agency under subsection (a) shall not exceed the product determined by multiplying $5,000 by the number of teachers described pursuant to subsection (c)(2) in the application for the grant. (c) Application.-- (1) In general.--To seek a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents.--The application shall include information describing the number of teachers employed by the local educational agency who-- (A) have achieved information technology certification, including such certification for integrating information technology into the classroom or a curriculum; and (B) have not previously received a bonus under this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Education to carry out this section $120,000,000 for each of fiscal years 2002 through 2006. SEC. 6. SCHOLARSHIPS FOR TEACHER TRAINING. (a) Grants Authorized.--Subject to the availability of appropriations, the Secretary of Education may award grants, on a competitive basis, to institutions of higher education to provide scholarships to any eligible student. (b) Eligible Students.--For purposes of this section, the term ``eligible student'' means a student who-- (1) is preparing to enter the teaching workforce; and (2) meets the criteria established under subsection (c). (c) Criteria.--For purposes of subsection (b)(2), the Secretary shall establish criteria that require a student to obtain both technological and multilingual education. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $100,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 4 succeeding fiscal years. SEC. 7. DEFINITIONS. In this Act: (1) Certified commercial information technology training provider.--The term ``certified commercial information technology training provider'' means a private sector provider of educational products and services utilized for training in information technology that is certified by 1 or more software publishers or hardware manufacturers (the products of which are the subject of the training) with respect to-- (A) the curriculum that is used for the training; or (B) the technical knowledge of the instructors of such provider. (2) Dislocated worker.--The term ``dislocated worker'' has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801). (3) Elementary school.--The term ``elementary school'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (4) Information technology certification.--The term ``information technology certification'' means certification in information technology, in accordance with such standards as-- (A)(i) the Computing Technology Industry Association or the Information Technology Training Association may issue, after consultation with chief education officers of States, State boards, entities that certify or license teachers, and other entities affected by the standards; or (ii) a State board or entity that certifies or licenses teachers may issue, after consultation with chief education officers of States, and other entities affected by the standards; and (B) the Secretaries may approve. (5) Information technology training program.--The term ``information technology training program'' means a program for the training of-- (A) computer programmers, systems analysts, and computer scientists or engineers (as such occupations are defined by the Bureau of Labor Statistics); and (B) persons for such other occupations as are determined to be appropriate by the Secretaries, after consultation with a working group broadly solicited by the Secretaries and open to all interested information technology entities and trade and professional associations. (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (7) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (8) Native american.--The term ``Native American'' means an Indian or a Native Hawaiian, as defined in section 166(b) of the Workforce Investment Act of 1998 (29 U.S.C. 2911(b)). (9) Secondary school.--The term ``secondary school'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (10) Secretaries.--The term ``Secretaries'' means the Secretary of Education and the Secretary of Labor, acting jointly. (11) Veteran.--The term ``veteran'' has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801).

Multilingual Education and Technological Advancement Act of 2001 - Authorizes the Secretary of Education to make competitive grants to local educational agencies (LEAs) to provide financial assistance to elementary and secondary schools for obtaining: (1) computer software for multilingual education, with preference given to schools with a majority of students from poor families or a high concentration of students with low levels of English proficiency; and (2) computers, with grant awards mandatory for schools where a majority of students meet poverty criteria or where there are a specified low number of computers for students.Authorizes the Secretary, jointly with the Secretary of Labor, to make matching grants for: (1) information technology training programs for former participants in such programs who have not received information technology certification, minorities, women, older individuals, veterans, Native Americans, and dislocated workers; and (2) multilingual education programs. Requires a partnership, to be eligible for such a grant, to consist of: (1) an institution of higher education; and (2) a private organization, such as a certified commercial information technology training provider or an information technology trade or professional association.Authorizes the Secretary to make grants to LEAs to assist them in awarding bonuses to teachers who achieve information technology certification.Authorizes the Secretary to make competitive grants to institutions of higher education to provide scholarships to students who: (1) are preparing to enter the teaching profession; and (2) meet criteria established by the Secretary that requires them to obtain both technological and multilingual education.

To provide grants to local educational agencies to provide financial assistance to elementary and secondary schools for obtaining computer software for multilingual education, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fixed Asset Relief Act of 2015''. SEC. 2. BONUS DEPRECIATION INCREASED TO 100 PERCENT AND MADE PERMANENT. (a) Increase.--Section 168(k)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``50 percent'' and inserting ``100 percent''. (b) Made Permanent.--Section 168(k)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Qualified property.--For purposes of this subsection-- ``(A) In general.--The term `qualified property' means property-- ``(i)(I) to which this section applies which has a recovery period of 20 years or less, ``(II) which is computer software (as defined in section 167(f)(1)(B)) for which a deduction is allowable under section 167(a) without regard to this subsection, ``(III) which is water utility property, or ``(IV) which is qualified leasehold improvement property, and ``(ii) the original use of which commences with the taxpayer. ``(B) Exception for alternative depreciation property.--The term `qualified property' shall not include any property to which the alternative depreciation system under subsection (g) applies, determined-- ``(i) without regard to paragraph (7) of subsection (g) (relating to election to have system apply), and ``(ii) after application of section 280F(b) (relating to listed property with limited business use). ``(C) Special rules.-- ``(i) Sale-leasebacks.--For purposes of clause (ii) and subparagraph (A)(ii), if property is-- ``(I) originally placed in service by a person, and ``(II) sold and leased back by such person within 3 months after the date such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date on which such property is used under the leaseback referred to in subclause (II). ``(ii) Syndication.--For purposes of subparagraph (A)(ii), if-- ``(I) property is originally placed in service by the lessor of such property, ``(II) such property is sold by such lessor or any subsequent purchaser within 3 months after the date such property was originally placed in service (or, in the case of multiple units of property subject to the same lease, within 3 months after the date the final unit is placed in service, so long as the period between the time the first unit is placed in service and the time the last unit is placed in service does not exceed 12 months), and ``(III) the user of such property after the last sale during such 3-month period remains the same as when such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date of such last sale. ``(D) Coordination with section 280f.--For purposes of section 280F-- ``(i) Automobiles.--In the case of a passenger automobile (as defined in section 280F(d)(5)) which is qualified property, the Secretary shall increase the limitation under section 280F(a)(1)(A)(i) by $8,000. ``(ii) Listed property.--The deduction allowable under paragraph (1) shall be taken into account in computing any recapture amount under section 280F(b)(2). ``(iii) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2015, the $8,000 amount in clause (i) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the automobile price inflation adjustment determined under section 280F(d)(7)(B)(i) for the calendar year in which such taxable year begins by substituting `2014' for `1987' in subclause (II) thereof. If any increase under the preceding sentence is not a multiple of $100, such increase shall be rounded to the nearest multiple of $100. ``(E) Deduction allowed in computing minimum tax.-- For purposes of determining alternative minimum taxable income under section 55, the deduction under section 167 for qualified property shall be determined without regard to any adjustment under section 56.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014.

Fixed Asset Relief Act of 2015 This bill amends the Internal Revenue Code to increase the additional depreciation allowance (bonus depreciation) from 50% to 100% of the adjusted basis of qualifying business property and to make such increased allowance permanent.

Fixed Asset Relief Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Fairness and Interstate Responsibility Act'' or ``Net FAIR Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) By exercising its authority under article I, section 8, clause 3 of the United States Constitution, Congress may best achieve a consistent and coherent national policy regarding regulation and taxation of Internet activity and the concomitant uniformity, simplicity, and fairness that is needed to avoid burdening this evolving form of interstate and foreign commerce. (2) Because the Federal Government and State and local governments will have numerous reasons to interact over the Internet with the individuals and companies that use it, a lexicon of terms relating to the Internet and its use is vital. (3) A limited number of States have already adopted by law or regulation various forms of taxes that apply to commercial activity that are unique to the Internet or to providers of Internet services. (4) There are approximately 30,000 separate taxing jurisdictions in the United States, thus presenting the potential for an enormous variety of taxes and tax rates on Internet activity. (5) The unique character of the Internet transcends physical and political boundaries and permits commercial and intellectual communications to move from city to city, State to State, and nation to nation without any set path in a manner that is virtually unparalleled in history. (6) The Internet is a global network that offers the potential for entrepreneurial individuals and small businesses throughout the United States to reach customers and markets throughout the world with their products and services. (7) The United States must create an example for the rest of the world by preventing discriminatory taxation on Internet activities so that the United States can persuade our trading partners to resist the temptation to tax such activities and thereby limit the potential growth of such activities. (8) The innovation and creativity that has helped computer technology evolve into the present-day Internet has thrived in a tax-free environment and should be granted protection from local, State, and Federal taxation in order to permit this new medium to reach its fullest potential. (9) The President should seek bilateral and multilateral agreements through the World Trade Organization, the Organization for Economic Cooperation and Development, the Asia Pacific Economic Cooperation Council, and other appropriate international organizations and fora to establish that commercial transactions using the Internet are free from tariff and discriminatory taxation. SEC. 3. MORATORIUM ON IMPOSITION OF TAXES ON INTERNET AND INTERNET- RELATED COMPUTER SERVICES. (a) Moratorium.--Except as otherwise provided in this section, no State or political subdivision thereof may impose, assess, or attempt to collect a tax directly or indirectly on-- (1) the Internet or Internet-related services; or (2) the use of the Internet or Internet-related services. (b) Preservation of State and Local Taxing Authority.--Subsection (a)-- (1) does not apply to taxes imposed on or measured by net income derived from the Internet or Internet-related services if such taxes are applied uniformly to all businesses; (2) does not apply to fairly apportioned business license taxes applied to businesses having a business location in the taxing jurisdiction if such taxes are applied uniformly to all businesses; (3) does not affect the authority of a State or political subdivision to impose a sales or use tax on sales or other transactions effected by use of the Internet or Internet-related services if-- (A) the tax is the same as the tax generally imposed and collected by that State or political subdivision thereof on sales or transactions effected by mail order, telephone, or other remote means within its taxing jurisdiction; and (B) the obligation to collect the tax from sales or other transactions effected by use of the Internet or Internet-related services is imposed on the same person or entity as in the case of sales or transactions affected by mail order, telephone, or other remote means; and (4) does not apply to taxes on real or personal property used in connection with the providing of Internet or Internet- related services if such taxes are applied to all businesses using real or personal property in connection with their businesses. (c) Termination.--The moratorium set forth under subsection (a) shall terminate on December 31, 2001. SEC. 4. COMMISSION ON INTERNET TAXATION AND REGULATION. (a) Establishment.-- (1) In general.--There is established a commission to be known as the Commission on Internet Taxation and Regulation (hereafter in this section referred to as the ``Commission''). (2) Membership.--The Commission shall be composed of 15 members of whom-- (A) one shall be the Secretary of Commerce; (B) one shall be the Secretary of State; (C) one shall be the Secretary of the Treasury; and (D) twelve shall be appointed by the President without regard to political affiliation, of whom-- (i) three shall be the chief executive officer of a State (including at least one who is the chief executive officer of a State that does not impose a sales tax); (ii) three shall be the chief executive officer of a political subdivision of a State (including at least one who is the chief executive officer of a political subdivision that does not impose a sales tax); (iii) three shall be individuals employed by or affiliated with companies engaged in computer manufacturing activities, software activities, or activities relating to the Internet or the provision of Internet-related services; and (iv) three shall be individuals employed by or affiliated with companies engaged in electronic commerce (including at least one who is employed by or affiliated with a company engaged in mail order commerce). (3) Period of appointment; vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Chairman and vice chairman.--The Commission shall select a Chairman and Vice Chairman from among its members. (5) Meetings.--The Commission shall meet at the call of the Chairman. (6) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (b) Duties.-- (1) In general.--The Commission shall have as its duties the following: (A) To conduct a thorough study of taxation and regulation of the Internet and Internet-related services under State and local law and identify any inconsistencies in such taxation or regulation. (B) To consider the effect of current Federal statutes and regulations on the Internet and Internet- related services and recommend appropriate modifications of such statutes and regulations. (C) To propose model legislation (a so-called ``Uniform Internet Commercial Code'') relating to commercial transactions on the Internet and to Internet-related services in order to facilitate uniform treatment of such transactions and such services under Federal law and State law. (2) Model legislation.--The model legislation under paragraph (1)(C) shall-- (A) provide terminology applicable to commercial transactions on the Internet and to Internet-related services; (B) define the transactions, services, and other activities covered by the legislation; and (C) establish regulatory structures and mechanisms applicable to such transactions, services, and other activities. (3) Adoption of positions.--The Commission may not adopt a position with respect to a matter under this subsection unless the position is approved by at least 10 members of the Commission. (c) Report.--Not later than December 31, 2000, the Commission shall submit to Congress and the President a report on its activities under this section. The report shall-- (1) set forth the findings of the Commission under subsection (b)(1)(A); (2) set forth any findings of the Commission under subsection (b)(1)(B), including any recommendations relating to such findings; (3) set forth the model legislation proposed under subsection (b)(1)(C); and (4) include any additional findings and recommendations that the Commission considers appropriate. (d) Powers of Commission.-- (1) 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 the purposes of this section. (2) Information from federal agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this section. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (3) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (e) Commission Personnel Matters.-- (1) Compensation of members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (3) Staff.-- (A) In general.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation.--The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (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. (5) Procurement of temporary and intermittent services.-- The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (f) Termination.--The Commission shall terminate 90 days after the date on which the Commission submits its report under subsection (c). SEC. 5. DEFINITIONS. In this Act: (1) Internet.--The term ``Internet'' means the computer facilities and telecommunications facilities, and related equipment and software, comprising the interconnected world- wide network of computer networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocol, to transmit information by wire or radio. (2) Internet-related services.--The term ``Internet-related services'' includes the following: (A) Internet access services, including the storage, processing, and transmission of information that enables an individual to make use of the resources found via the Internet. (B) Online services, including the information, information processing, electronic commerce, and other services available to an individual as part of a package of services that are combined with Internet access service and offered to the user for a single price. (3) Tax.--The term ``tax'' includes any tax, license, or fee that is imposed by any governmental entity, and includes the imposition on the seller of an obligation to collect and remit a tax imposed on the buyer.

Internet Fairness and Interstate Responsibility Act or Net FAIR Act - Prohibits a State or political subdivision thereof from imposing, assessing, or attempting to collect any tax on the Internet or Internet-related services or on their use. Preserves State and local taxing authority with respect to income, license, and sales or use taxes. Terminates such prohibition on December 31, 2001. Establishes the Commission on Internet Taxation and Regulation to: (1) study the taxation and regulation of the Internet and Internet-related services under State and local law and identify any inconsistencies; (2) recommend appropriate modification to current Federal and State statutes concerning such services; (3) propose model legislation relating to commercial transactions on the Internet in order to facilitate their uniform treatment under Federal and State law; and (4) report to the Congress and the President.

Net FAIR Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Methamphetamine Use Response Act of 1999''. SEC. 2. DEFINITIONS. In this Act: (1) The term ``Administrator'' means the Administrator of the Drug Enforcement Administration. (2) The term ``Committees'' means the Committees on Appropriations and the Committees on the Judiciary of the House of Representatives and the Senate. (3) The term ``midsize city'' means a city with a population under 250,000 and over 20,000. (4) The term ``rural area'' means a county or parish with a population under 50,000. (5) The term ``small city'' means a city with a population under 20,000. SEC. 3. REPORT ON METHAMPHETAMINE CONSUMPTION IN RURAL AREAS, SMALL CITIES, AND MIDSIZE CITIES. (a) In General.--The Secretary of Health and Human Services shall submit to the Committees annually a report on the problems caused by methamphetamine consumption in rural areas, small cities, and midsize cities. (b) Concerns Addressed.--Each report submitted under this section shall include an analysis of-- (1) the manner in which methamphetamine consumption in rural areas differs from methamphetamine consumption in areas with larger populations, and the means by which to accurately measure those differences; (2) the incidence of methamphetamine abuse in rural areas and the treatment resources available to deal with methamphetamine addiction in those areas; (3) any relationship between methamphetamine consumption in rural areas and a lack of substance abuse treatment in those areas; and (4) any relationship between geographic differences in the availability of substance abuse treatment and the geographic distribution of the methamphetamine abuse problem in the United States. SEC. 4. CLEANUP OF METHAMPHETAMINE LABORATORIES AND PRODUCTION MATERIALS. (a) Authorization of Appropriations.--There is authorized to be appropriated for the Drug Enforcement Administration for each fiscal year after fiscal year 1999, $20,000,000 in order to carry out the activities described in subsection (b). (b) Availability of Amounts.-- (1) In general.--Amounts appropriated pursuant to the authorization of appropriations in subsection (a) shall be available to the Drug Enforcement Administration for activities to alleviate the growing financial burden on rural communities, small cities, midsize cities, and other communities resulting from the cleanup of clandestine laboratories and other drug- related hazardous waste. (2) Specific activities.--The activities covered by paragraph (1) shall include the following: (A) The cleanup of clandestine laboratories and other drug-related hazardous waste across the United States, whether initiated by the Drug Enforcement Administration or by State or local entities. (B) The improvement of current contract-related response times for cleanup of such laboratories and waste through the provision of additional contract personnel, equipment, and facilities. (c) Supplement Not Supplant.--The amounts authorized to be appropriated by subsection (a) for the Drug Enforcement Administration for a fiscal year are in addition to any other amounts authorized to be appropriated for the Administration for the fiscal year for the activities described in subsection (b). SEC. 5. INVESTIGATIVE ASSISTANCE RELATING TO METHAMPHETAMINE FOR STATE AND LOCAL LAW ENFORCEMENT. (a) Findings.--Congress makes the following findings: (1) Because of the strong connection between methamphetamine trafficking and Mexican drug trafficking organizations, many local law enforcement agencies are confronted with methamphetamine trafficking suspects who speak Spanish. (2) Most local law enforcement agencies lack the foreign language and specialized investigative skills necessary to communicate with and monitor suspected drug traffickers, thereby limiting their ability to respond effectively to methamphetamine trafficking. (3) Informants, witnesses, communications intercepts, and other investigative tools are of limited use if an investigator cannot understand the language employed. (4) The timely provision of select Drug Enforcement Administration Special Agents with Spanish language capability and specialized clandestine laboratory training could greatly assist in the efforts of State and local law enforcement against methamphetamine traffickers and their operations. (b) Investigative Assistance.-- (1) In general.--The Administrator shall establish within the Drug Enforcement Administration a select cadre of Special Agents with Spanish language capabilities who shall work with State and local law enforcement agencies across the United States on matters relating to the combating of methamphetamine- related drug trafficking. (2) Composition of cadre.--The cadre established under paragraph (1) shall consist of 20 Special Agents with the requisite Spanish language skills. (3) Allocation.--The Administrator shall determine the allocation of the Special Agents in the cadre referred to in paragraph (1) through ongoing assessments of the national methamphetamine threat. (4) Authorization of appropriations.--There is authorized to be appropriated for the Drug Enforcement Administration for fiscal year 2000, $4,700,000 of which-- (A) $3,000,000 shall be available for purposes of establishing the cadre required by paragraph (1), including the hiring and training of agents to fill the cadre; and (B) $1,700,000 shall be available to cover the permanent change of stations (PCS) costs associated with the transfer of senior agents selected to staff the cadre. SEC. 6. ADDITIONAL TRAINING FOR DRUG ENFORCEMENT ADMINISTRATION AND STATE AND LOCAL LAW ENFORCEMENT PERSONNEL. (a) Findings.--Congress makes the following findings: (1) The spread of methamphetamine abuse and production across the United States has forced law enforcement agencies to address challenges that exceed the many years of experience of the personnel within such agencies. (2) Unlike cocaine or heroin, methamphetamine can be produced easily from readily available everyday products using recipes readily available on the Internet. (3) The chemicals involved in methamphetamine production can be caustic or explosive if handled improperly. (4) In order to meet the demand for training and certification of local law enforcement personnel to meet the challenges posed by methamphetamine production and abuse, it is necessary to expand the training capabilities of the Drug Enforcement Administration. (5) Most of the costs associated with the training of State and local law enforcement personnel are cost relating to air travel. (6) Because the Drug Enforcement Administration already provides training for State and local law enforcement personnel, the establishment of regional training centers in the Administration will both reduce travel costs associated with the training of such personnel and enhance the training provided. (7) Such regional training centers will permit enhanced training of State and local law enforcement personnel at reduced cost over the long term. (b) Regional Satellite Training Centers.-- (1) Requirement.--The Administrator shall establish within the Drug Enforcement Administration four regional satellite training centers for purposes of providing clandestine laboratory training to Federal, State, and local law enforcement personnel. The Administrator shall establish the training centers at appropriate locations throughout the United States. (2) Personnel.--The Administrator shall assign to the centers established under paragraph (1) 12 Special Agents, 4 Drug Prevention Specialists, and 8 Support personnel, as appropriate. (3) Activities of drug prevention specialists.--The Drug Prevention Specialists assigned to the centers under paragraph (2) shall work with communities that have been previously assisted by the Mobile Enforcement and Regional Enforcement Teams of the Drug Enforcement Administration in order to assist such communities in the development of drug prevention programs and coalitions and provide a solid foundation for the long-term elimination of drug trafficking, abuse, and violence in such communities. (4) Authorization of appropriations.--There is authorized to be appropriated for the Drug Enforcement Administration for fiscal year 2000, $30,000,000 for purposes of establishing the regional centers required by paragraph (1), including the assignment of personnel to such centers under paragraph (2), and for training-related support for such centers. (c) Specialized Clandestine Laboratory Training.-- (1) Specialized clandestine laboratory training.--In addition to any other clandestine laboratory training programs currently administered by the Drug Enforcement Administration, the Administrator shall establish the following: (A) Advanced Clandestine Laboratory Investigations schools for State and local law enforcement personnel. (B) Additional Basic Clandestine Laboratory Certification Schools for both Drug Enforcement Administration personnel and State and local law enforcement personnel. (C) A program, to be known as the ``Train the Trainer'' program, in accordance with paragraph (2). (2) Train the trainer program.--The purpose of Train the Trainer program shall be to provide State and local law enforcement personnel with the skills necessary to provide clandestine laboratory recertification and awareness training to other law enforcement personnel within their jurisdictions. (3) Authorization of appropriations.-- (A) Authorization.--There is authorized to be appropriated for the Drug Enforcement Administration for each fiscal year after fiscal year 1999, the following: (i) $750,000 for Advanced Clandestine Laboratory Investigation Schools required under paragraph (1)(A). (ii) $2,000,000 for the additional Basic Clandestine Laboratory Certification Schools required under paragraph (1)(B). (iii) $1,000,000 for the awareness materials required for the Train the Trainer program required under paragraph (1)(C). (2) Supplement not supplant.--The amounts authorized to be appropriated by subparagraph (A) are in addition to any other amounts authorized to be appropriated for the Drug Enforcement Agency for the activities referred to in paragraph (1). SEC. 7. ANNUAL STRATEGY ON METHAMPHETAMINE PRODUCTION AND ABUSE. (a) Requirement.--Not later than 6 months after the date of the enactment of this Act and annually thereafter, the Attorney General shall submit to the Committees a report containing a detailed strategy to combat the problem of methamphetamine production and abuse in the United States. (b) Initial Report.--The first report submitted under this section shall include the following: (1) An assessment of the progress made in achieving the goals first outlined in the April 1996 document entitled ``National Methamphetamine Strategy'', including a description of any successes and failures in achieving such goals. (2) A description of the progress made in controlling methamphetamine in light of the goals established by the Performance Measures of Effectiveness established by the National Drug Control Strategy. (3) Any recommendations for legislative action that the Attorney General considers necessary to implement the strategy under subsection (a). (c) Subsequent Reports.--Each report submitted under this section after the first such report shall include the following: (1) An evaluation by the Attorney General of the progress made in implementing the strategy. (2) A description of the successes and failures associated with implementing the strategy contained in the report. (3) Any recommendations for legislative action that the Attorney General considers appropriate to facilitate the continuing implementation of the strategy. SEC. 8. THEFT AND TRANSPORTATION OF ANHYDROUS AMMONIA. (a) In General.--Part D of the Controlled Substances Act (title II of Public Law 91-513; 21 U.S.C. 841 et seq.) is amended by adding at the end the following: ``anhydrous ammonia ``Sec. 423 (a) It is unlawful for any person-- ``(1) to steal anhydrous ammonia; or ``(2) to transport stolen anhydrous ammonia across State lines. ``(b) Any person who violates subsection (a) shall be imprisoned or fined, or both, in accordance with section 403(d) as if such violation were a violation of a provision of section 403.''. (b) Clerical Amendment.--The table of contents for that Act is amended by inserting after the item relating to section 421 the following new items: ``Sec. 422. Drug paraphernalia. ``Sec. 423. Anhydrous ammonia.''. (c) Assistance for Certain Research.-- (1) Agreement.--The Administrator shall seek to enter into an agreement with Iowa State University in order to permit the University to continue and expand its current research into the development of inert agents that, when added to anhydrous ammonia, eliminate the usefulness of anhydrous ammonia as an ingredient in the production of methamphetamine. (2) Reimbursable provision of funds.--The agreement under paragraph (1) may provide for the provision to Iowa State University, on a reimbursable basis, of $500,000 for purposes the activities specified in that paragraph. (3) Authorization of appropriations.--There is hereby authorized to be appropriated for the Drug Enforcement Agency for fiscal year 2000, $500,000 for purposes of carrying out the agreement under this subsection.

Rural Methamphetamine Use Response Act of 1999 - Directs the Secretary of Health and Human Services to submit to specified congressional committees an annual report on the problems caused by methamphetamine consumption in rural areas, small cities, and mid-size cities. (Sec. 4) Authorizes appropriations for the Drug Enforcement Administration (DEA) for each fiscal year after FY 1999. Makes sums appropriated available to the DEA for activities to alleviate the growing financial burden on rural communities, small cities, mid-size cities, and other communities resulting from the cleanup of clandestine laboratories and other drug related hazardous waste. Requires the Administrator of the DEA to establish within the DEA a select cadre of special agents with Spanish language capabilities who show work with State and local law enforcement agencies across the United States on matters relating to the combating of methamphetamine related drug trafficking. Authorizes appropriations. (Sec. 6) Directs the Administrator to establish within the DEA four regional satellite training centers for purposes of providing clandestine laboratory training to Federal, State, and local law enforcement personnel, to establish such centers at appropriate locations throughout the United States, and to assign to such centers 12 special agents, four drug prevention specialists, and eight support personnel, as appropriate. Requires the drug prevention specialists to work with communities that have been previously assisted by the DEA's Mobile Enforcement and Regional Enforcement Teams to assist such communities in the development of drug prevention programs and coalitions and provide a solid foundation for the long-term elimination of drug trafficking, abuse, and violence in such communities. Authorizes appropriations. Requires the Administrator to establish: (1) Advanced Clandestine Laboratory Investigations schools for State and local law enforcement personnel; (2) Additional Basic Clandestine Laboratory Certification schools for both DEA and State and local law enforcement personnel; and (3) a "Train the Trainer" program to provide State and local law enforcement personnel with the skills necessary to provide clandestine laboratory re-certification and awareness training to other law enforcement personnel within their jurisdictions. Authorizes appropriations. (Sec. 7) Directs the Attorney General to submit to the Committees annually a report containing a detailed strategy to combat the problem of methamphetamine production and abuse in the United States. (Sec. 8) Amends of the Controlled Substances Act to prohibit the theft and transportation across State lines of stolen anhydrous ammonia. Directs the Administrator to seek to enter into an agreement with Iowa State University to permit the University to continue and expand its current research into the development of inert agents that, when added to anhydrous ammonia, eliminate the usefulness of anhydrous ammonia as an ingredient in the production of methamphetamine. Allows such agreement to provide for the provision to such University, on a reimbursable basis, of $500,000. Authorizes appropriations for the DEA for FY 2000.

Rural Methamphetamine Use Response Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Choice in Welfare Tax Credit Act of 1995''. SEC. 2. CREDIT FOR CHARITABLE CONTRIBUTIONS TO CERTAIN PRIVATE CHARITIES PROVIDING ASSISTANCE TO THE POOR. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 22 the following new section: ``SEC. 23. CREDIT FOR CERTAIN CHARITABLE CONTRIBUTIONS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified charitable contributions which are paid by the taxpayer during the taxable year. ``(b) Limitation.--The credit allowed by subsection (a) for the taxable year shall not exceed $100 ($200 in the case of a joint return). ``(c) Qualified Charitable Contribution.--For purposes of this section, the term `qualified charitable contribution' means any charitable contribution (as defined in section 170(c)) made in cash to a qualified charity but only if the amount of each such contribution, and the recipient thereof, are identified on the return for the taxable year during which such contribution is made. ``(d) Qualified Charity.-- ``(1) In general.--For purposes of this section, the term `qualified charity' means, with respect to the taxpayer, any organization described in section 501(c)(3) and exempt from tax under section 501(a)-- ``(A) which is certified by the Secretary as meeting the requirements of paragraphs (2) and (3), ``(B) which is organized under the laws of the United States or of any State in which the organization is qualified to operate, and ``(C) which is required, or elects to be treated as being required, to file returns under section 6033. ``(2) Charity must primarily assist the poor.--An organization meets the requirements of this paragraph only if the predominant activity of such organization is the provision of services to individuals whose annual incomes generally do not exceed 150 percent of the official poverty line (as defined by the Office of Management and Budget). ``(3) Minimum expenditure requirement.-- ``(A) In general.--An organization meets the requirements of this paragraph only if the Secretary reasonably expects that the annual exempt purpose expenditures of such organization will not be less than 70 percent of the annual aggregate expenditures of such organization. ``(B) Exempt purpose expenditure.--For purposes of subparagraph (A)-- ``(i) In general.--The term `exempt purpose expenditure' means any expenditure to carry out the activity referred to in paragraph (2). ``(ii) Exceptions.--Such term shall not include-- ``(I) any administrative expense, ``(II) any expense for the purpose of influencing legislation (as defined in section 4911(d)), ``(III) any expense primarily for the purpose of fundraising, and ``(IV) any expense for litigation on behalf of any individual referred to in paragraph (2). ``(e) Time When Contributions Deemed Made.--For purposes of this section, at the election of the taxpayer, a contribution which is made not later than the time prescribed by law for filing the return for the taxable year (not including extensions thereof) shall be treated as made on the last day of such taxable year. ``(f) Coordination With Deduction for Charitable Contributions.-- ``(1) Credit in lieu of deduction.--The credit provided by subsection (a) for any qualified charitable contribution shall be in lieu of any deduction otherwise allowable under this chapter for such contribution. ``(2) Election to have section not apply.--A taxpayer may elect for any taxable year to have this section not apply.'' (b) Qualified Charities Required To Provide Copies of Annual Return.--Subsection (e) of section 6104 of such Code (relating to public inspection of certain annual returns and applications for exemption) is amended by adding at the end the following new paragraph: ``(3) Charities receiving creditable contributions required to provide copies of annual return.-- ``(A) In general.--Every qualified charity (as defined in section 23(d)) shall, upon request of an individual made at an office where such organization's annual return filed under section 6033 is required under paragraph (1) to be available for inspection, provide a copy of such return to such individual without charge other than a reasonable fee for any reproduction and mailing costs. If the request is made in person, such copies shall be provided immediately and, if made other than in person, shall be provided within 30 days. ``(B) Period of availability.--Subparagraph (A) shall apply only during the 3-year period beginning on the filing date (as defined in paragraph (1)(D) of the return requested).'' (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 22 the following new item: ``Sec. 23. Credit for certain charitable contributions.'' (d) Effective Date.--The amendments made by this section shall apply to contributions made after the 90th day after the date of the enactment of this Act in taxable years ending after such date.

Choice in Welfare Tax Credit Act of 1995 - Amends the Internal Revenue Code to permit an individual income tax credit of up to $100 ($200 for a joint return) of the value of certain charitable contributions to any tax-exempt, U.S. organization that spends at least 70 percent of aggregate expenditures assisting the poor. Requires that: (1) taxpayers identify each such contribution and the recipient on the individual's tax return; and (2) such charities provide copies of their annual return to such individuals upon request.

Choice in Welfare Tax Credit Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Imported and Domestic Product Safety Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Council.--The term ``Council'' means the Product Safety Coordinating Council established by section 4(a). (2) Director.--The term ``Director'' means the Director of Imported and Domestic Product Safety appointed under section 3(b). (3) Office.--The term ``Office'' means the Office of Imported and Domestic Product Safety established by section 3(a). (4) Product.--The term ``product'' means any of the following: (A) Food, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321), including-- (i) poultry and poultry products, as defined in section 4 of the Poultry Products Inspection Act (21 U.S.C. 453); (ii) meat and meat food products, as defined in section 1 of the Federal Meat Inspection Act (21 U.S.C. 601); and (iii) eggs and egg products, as defined in section 4 of the Egg Products Inspection Act (21 U.S.C. 1033). (B) A drug, device, cosmetic, dietary supplement, infant formula, and food additive, as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (C) A consumer product, as such term is defined in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052). (D) A motor vehicle, motor vehicle equipment, and replacement equipment, as such terms are defined in section 30102 of title 49, United States Code. (E) A biological product, as such term is defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)). (F) A pesticide, as such term is defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136). (G) Any other food, consumer product, fishery product, beverage, or tobacco product with respect to which a department or agency that is represented on the Council has jurisdiction. SEC. 3. OFFICE OF IMPORTED AND DOMESTIC PRODUCT SAFETY; DIRECTOR. (a) Establishment.--There is established in the Department of Commerce an office to be known as the ``Office of Imported and Domestic Product Safety''. (b) Director.--The Director of Imported and Domestic Product Safety shall be the head of the Office. The Director shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who have-- (1) not less than 10 years of leadership and management experience in the public or private sector; and (2) expertise in areas relating to product safety and protection of the public. (c) Duties of the Director.--The Director shall, working with the Council-- (1) ensure that there is coordination among all departments and agencies that have responsibility for product safety in a manner that-- (A) protects the health and safety of United States consumers; and (B) provides that consumers and businesses have access to product safety information; (2) establish policies, objectives, and priorities to improve the management, coordination, promotion, and oversight of all departments and agencies that have responsibility for product safety; (3) work with consumer groups, industry, and other interested parties to establish the policies, objectives, and priorities described in paragraph (2); (4) improve the www.Recalls.gov Internet website (or successor Federal website) that provides product safety information and recall information for products under different Federal agencies; (5) develop and maintain a database that-- (A) is centralized; (B) is user friendly; (C) is accessible to the public; (D) includes information about all mandatory and voluntary actions taken with respect to product safety by businesses and departments and agencies that have responsibility for product safety, including-- (i) recalls; (ii) advisories; (iii) alerts; (iv) seizures; (v) defect determinations; (vi) import bans; and (vii) such other actions as the Director considers appropriate; and (E) incorporates hyperlinks to databases maintained by the departments and agencies that have responsibility for product safety with respect to the actions described in subparagraph (D); (6) develop guidelines for effective and efficient dissemination, by the departments and agencies of members of the Council, of product recall alerts to consumers and businesses, including retailers, the media, and medical professionals; (7) promote the development of risk assessment models to assist Federal departments and agencies responsible for the importation and safety of products to better identify and prevent the importation or introduction into commerce of unsafe products; (8) promote the development of tracing technology to provide consumers with access to the supply chain history of a product; (9) develop guidelines to facilitate information sharing relating to the importation and safety of products among businesses, United States trading partners, and departments and agencies of Federal, State, and local governments; (10) develop and maintain a public electronic directory of services to assist consumers and businesses in locating product safety information; (11) develop a framework for engaging United States trading partners in efforts to improve product safety, including cooperation and coordination related to safety standards, testing, certification, audits, and inspections before products are shipped to the United States; (12) establish an inventory of memoranda of understanding negotiated by Federal departments and agencies with foreign governments related to the importation and safety of products; (13) promote coordination among Federal departments and agencies seeking to negotiate new memoranda described in paragraph (11); and (14) develop guidelines to ensure that there is a unified effort to protect the health and safety of United States consumers, including-- (A) simplifying consumer-retailer interaction regarding products identified as unsafe; (B) improving product labeling; (C) developing comprehensive recordkeeping throughout the production, importation, and distribution of products; and (D) increasing public access to information regarding-- (i) product safety standards, testing, and certification; (ii) enforcement of product safety laws; and (iii) product-related deaths, injuries, and illness. (d) Staff.-- (1) In general.--The Director may employ and fix the compensation of such officers and employees as may be necessary to assist the Director in carrying out the duties of the Director set forth by subsection (c). (2) Detail of government employees.--The Director may direct, with the concurrence of the Secretary of a department or head of an agency, the temporary reassignment within the Federal Government of personnel employed by such department or agency on a reimbursable or nonreimbursable basis to the Office. (e) Supervision.--The Director shall report to the Secretary of Commerce. (f) Compensation.--Section 5314 of title 5, United States Code, is amended by adding at the end the following new item: ``Director of Imported and Domestic Product Safety, Department of Commerce.''. SEC. 4. PRODUCT SAFETY COORDINATING COUNCIL. (a) Establishment.--There is established a Product Safety Coordinating Council-- (1) to improve the management, coordination, promotion, and oversight of product safety responsibilities; and (2) to assist the Director in-- (A) carrying out the functions of the Office set forth by section 3(c); (B) developing the strategic plan under section 5; and (C) developing the report under section 6. (b) Membership.-- (1) Composition.--The Council shall consist of the Director and 1 individual designated by each of the following from their respective departments and agencies: (A) The Commissioner of Customs and Border Protection of the Department of Homeland Security. (B) The Under Secretary for International Trade of the Department of Commerce. (C) The United States Trade Representative. (D) The Under Secretary for Economic, Energy, and Agricultural Affairs of the Department of State. (E) The Under Secretary for Food Safety of the Department of Agriculture. (F) The Commissioner of the Food and Drug Administration of the Department of Health and Human Services. (G) The Under Secretary for Oceans and Atmosphere of the Department of Commerce. (H) The Chairman of the Consumer Product Safety Commission. (I) The Administrator of the National Highway Traffic Safety Administration of the Department of Transportation. (J) The Administrator of the Environmental Protection Agency. (K) The Administrator of the Alcohol and Tobacco Tax and Trade Bureau of the Department of the Treasury. (L) The Attorney General. (M) The Director of the Centers for Disease Control and Prevention of the Department of Health and Human Services. (N) The Chairman of the Federal Trade Commission. (O) The Chairman of the United States International Trade Commission. (P) The Director of the Office of Management and Budget. (Q) Such other officers of the United States as the Director determines necessary to carry out the functions of the Council. (2) Qualifications.--Each individual designated under paragraph (1) shall be selected from among individuals who are-- (A) involved in product safety and protection of the public from risks to safety; and (B) qualified to serve on the Council. (c) Department and Agency Responsibilities.-- (1) In general.--The department or agency of each member of the Council shall assist the Director in-- (A) developing and implementing a unified effort to protect the health and safety of United States consumers; (B) ensuring that consumers and businesses have access to product safety information; and (C) carrying out the duties of the Director set forth by section 3(c). (2) Cooperation.--Each member of the Council shall ensure that the department or agency the member represents-- (A) provides such assistance, information, and advice as the Director may request; (B) complies with information sharing policies, procedures, guidelines, and standards established by the Director; and (C) provides adequate resources to support the activities and operations of the Office. (d) Meetings.--The Council shall meet not less frequently than monthly at the call of the Director. (e) Chairperson.--The Director shall be the chairperson of the Council. SEC. 5. STRATEGIC PLAN. (a) Strategic Plan Required.--Not later than 180 days after the date of the enactment of this Act, and every 2 years thereafter, the Director shall, after consulting with the members of the Council, submit to the President and to Congress a strategic plan. (b) Contents of Strategic Plan.--The strategic plan submitted under subsection (a) shall contain-- (1) a detailed description of the goals, objectives, and priorities of the Office and the Council; (2) a description of the methods for achieving such goals, objectives, and priorities; (3) a description of the performance measures that will be used to monitor results in achieving such goals, objectives, and priorities; and (4) an estimate of the resources necessary to achieve such goals, objectives, and priorities, and an estimate of the cost of such resources. SEC. 6. ANNUAL REPORT ON PRODUCT SAFETY. (a) Annual Report Required.--Not later than 1 year after the date of the enactment of this Act and November 1 of each calendar year thereafter, the Director shall submit to the President and to Congress a written report on the safety of products. (b) Content of Report.--The report submitted under subsection (a) shall contain a detailed description of how the duties set forth in section 3(c) are being implemented. (c) Consultations.--The Director shall consult with the members of the Council with respect to the preparation of the report required by subsection (a). Any comments provided by the members of the Council for a report under such subsection shall be submitted to the Director not later than 1 month before the date such report is submitted to Congress. The Director shall submit the report to Congress after taking into account all comments received. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Commerce such sums as may be necessary to carry out the provisions of this Act and the activities of the Office. SEC. 8. AUTHORIZATION OF INTERAGENCY SUPPORT FOR PRODUCT SAFETY COORDINATION. The use of interagency funding and other forms of support is authorized by Congress to carry out the functions and activities of the Office and the functions and activities of the Council.

Imported and Domestic Product Safety Act of 2009 - Establishes in the Department of Commerce an Office of Imported and Domestic Product Safety to carry out specified duties, including: (1) coordinating all departments and agencies that have product safety responsibilities in a way that protects the health and safety of U.S. consumers and provides consumers and businesses with access to product safety information; (2) improving the www.Recalls.gov website; and (3) developing a publicly accessible database with information about all mandatory and voluntary product safety actions taken by businesses, departments, and agencies. Establishes a Product Safety Coordinating Council to assist the Office's director.

A bill to establish the Office of Imported and Domestic Product Safety in the Department of Commerce and the Product Safety Coordinating Council to improve the management, coordination, promotion, and oversight of food and product safety responsibilities, to improve consumer and business access to food and product safety information, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Housing Preservation Act of 2016''. SEC. 2. AVAILABILITY OF RURAL HOUSING VOUCHERS FOR TENANTS IN PROJECTS WITH MATURING LOANS. (a) In General.--Section 542 of the Housing Act of 1949 (42 U.S.C. 1490r) is amended by adding at the end the following new subsection: ``(c) Rural Vouchers for Tenants of Projects With Prepaid or Maturing Loans.-- ``(1) Authority.--Subject to the availability of amounts provided in appropriation Acts and to paragraph (3), the Secretary shall provide rural housing vouchers under this section, in the amount provided under this section, to any low- income household (including those not receiving rental assistance) residing in a property financed with a loan made or insured under section 515 (42 U.S.C. 1485) which has been prepaid, or which has matured, after September 30, 2005. ``(2) Administration and subsidies.--The Secretary shall, to the maximum extent practicable, administer and operate such vouchers with current regulations and administrative guidance applicable to enhanced vouchers under section 8(t) of the United States Housing Act of 1937 (42 U.S.C. 1437f(t)) and administered by the Secretary of Housing and Urban Development. The amount of rental assistance provided on behalf of holders of such vouchers shall be the same as that provided on behalf of holders of enhanced vouchers under such section 8(t). ``(3) Termination of assistance.--The Secretary shall terminate the provision of voucher assistance pursuant to this subsection, with respect to a property, if-- ``(A) at any time, a new loan is made or insured under section 515 for the property; and ``(B) as a result of such loan, rental assistance is provided on behalf of the voucher holder in an amount comparable to the rental assistance provided on behalf of the voucher holder under the voucher program.''. (b) Requirement for Section 515 Projects To Accept Vouchers.-- Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) is amended by adding at the end the following new subsection: ``(bb) Requirement To Accept Rural Housing Vouchers.--No owner of a property financed with a loan made or insured under this section, whether such loan is outstanding or fully paid, may refuse to lease an available dwelling unit in the property to a household on behalf of whom voucher assistance is provided under section 542 (42 U.S.C. 1490r), and to enter into a voucher contract respecting such unit, a proximate cause of which is the status of such current or prospective tenant as a holder of such voucher.''. SEC. 3. DECOUPLING RENTAL ASSISTANCE FROM MATURING RURAL HOUSING LOANS. Paragraph (2) of section 521(a) of the Housing Act of 1949 (42 U.S.C. 1490a(a)(2)) is amended by adding at the end the following new subparagraph: ``(F) Rental assistance for projects with matured loans.-- ``(i) Authority.--To continue to make decent, safe and sanitary housing available to low-income occupants of projects originally financed with a loan made or insured under section 515 that has matured on or after the date of the enactment of this subparagraph, and at rental rates commensurate to income as specified in subparagraph (A) of this paragraph, the Secretary may, subject to the availability of amounts provided in appropriation Acts, contract to make, make, and renew annual assistance payments pursuant to this subparagraph to the owners of such projects. ``(ii) Offer.--The Secretary shall ensure that an offer to provide a contract for assistance payments pursuant to this subparagraph shall be extended to all owners of projects described in clause (i) not later than 24 months before the maturation of the loan (except in the case of loans maturing after the date that is 24 months before the date of the enactment of this subparagraph). ``(iii) Terms.--Each contract for assistance payments pursuant to this subparagraph shall-- ``(I) have a term of 20 years and be subject to availability of amounts provided in annual appropriations Acts; ``(II) cover all new and existing households residing in the project, regardless of whether or not they were previously assisted under the rental assistance program authorized under subparagraph (A); ``(III) be recorded at such local real property recording office as is prescribed by the State in which the project is located; ``(IV) bind the owner of the project and the owner's successors to continue to operate the project in accordance with such agreements; ``(V) require the owner (and such successors) to agree to continue to operate the projects as if it were subject to an existing loan under section 515; ``(VI) extend to residents of the project all the rights that at the time such contract is entered into are extended to residents of projects subject to an existing loan under section 515; and ``(VII) require the owner (and such successors) to maintain the assisted housing as decent, safe, and sanitary housing. ``(iv) Actual market rentals.-- ``(I) In general.--A contract for assistance provided pursuant to this subparagraph for a project shall provide assistance to the owner based on an initial reasonable operating budget the rents for which do not exceed such actual market rental rates for the area in which the project is located, as are established by the Secretary. ``(II) Adjustment; renewal.--The Secretary shall adjust the actual market rental rates used for purposes of this clause annually. ``(v) Renewal; adjustment.--In providing assistance pursuant to this subparagraph, the Secretary shall require the owner of the project to renew the assistance provided to each household not less frequently than annually, in accordance with the provisions of subparagraph (A), and shall adjust the amount of assistance provided to a household at any other time upon a decrease in the household's monthly income of $100 or more. ``(vi) Administration.--Rental assistance contracts authorized by this subparagraph shall, except as otherwise provided in this subparagraph, be administered by the Secretary in the same manner as rental assistance contracts for projects having existing loans made or insured under section 515 or existing loans and grants made under sections 514 and 516.''. SEC. 4. UNIFORM STANDARDS FOR TRANSFERS OF SECTION 515 PROPERTIES USING LOW-INCOME TAX CREDITS. Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) is amended by adding at the end the following new subsection: ``(bb) Requirements for Transfers of Properties Involving Low- Income Housing Tax Credits.--The Secretary shall establish, without exception, uniform requirements, terms, and conditions for any sale or transfer of a property financed with a loan under this section to any entity, including a nonprofit organization, that is seeking to acquire such property with amounts authorized under this section and any low- income housing tax credit under section 42 of the Internal Revenue Code of 1986.''. SEC. 5. RURAL MULTIFAMILY HOUSING REVITALIZATION PROGRAM. Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) is amended by adding at the end the following new subsection: ``(bb) Multifamily Housing Revitalization Program.-- ``(1) In general.--The Secretary may establish a Multifamily Housing Revitalization Program for the preservation and revitalization of multifamily housing projects funded with loans made available pursuant to this section and sections 514 and 516 to ensure that such projects have sufficient resources to provide safe and affordable housing for low-income residents and farm laborers. ``(2) Options.--In carrying out paragraph (1), the Secretary may-- ``(A) with respect to such loans-- ``(i) reduce or eliminate interest; ``(ii) defer loan payments; and ``(iii) subordinate, reduce, or reamortize loan debt; and ``(B) provide other financial assistance, including-- ``(i) advances; and ``(ii) payments and incentives (including the ability of owners to obtain reasonable returns on investment). ``(3) Requirements.--In exchange for assistance provided pursuant to this subsection, the Secretary shall enter into with the property owner a restrictive use agreement to ensure that the property remains subject to low-income use restrictions for an additional period of time consistent with the terms of the restructuring. ``(4) Use of funds for rural housing vouchers.-- ``(A) Authority.--If the Secretary determines that additional funds for vouchers under the rural housing voucher program under section 542 (42 U.S.C. 1490r) are needed, funds for the revitalization program under this subsection may be used for such vouchers for any low- income household (including those not receiving rental assistance) residing in a property financed with a loan under this section that has been prepaid after September 30, 2005. ``(B) Amount.--Notwithstanding section 542, the amount of a voucher provided pursuant to this paragraph shall be the difference between comparable market rent for the unit and the tenant-paid rent for such unit. ``(C) Availability.--Funds made available for vouchers pursuant to this paragraph shall be subject to the availability of annual appropriations. ``(D) Administration.--The Secretary shall, to the maximum extent practicable, administer vouchers provided pursuant to this paragraph with current regulations and administrative guidance applicable to housing vouchers under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) administered by the Secretary of Housing and Urban Development.''. SEC. 6. REGULATIONS. The Secretary of Agriculture shall issue regulations necessary to carry out the amendments made by this Act not later than the expiration of the 120-day period beginning on the date of the enactment of this Act.

Rural Housing Preservation Act of 2016 This bill amends the Housing Act of 1949 to direct the Department of Agriculture (USDA) to extend rural housing vouchers to any low-income household (including those not receiving rental assistance) residing in a property financed with a loan made or insured for housing and related facilities for elderly or other low-income persons and families which has been prepaid, or which has matured, after September 30, 2005. No owner of a property financed with such a loan, whether outstanding or fully paid, may refuse to lease an available dwelling unit in the property to a household on behalf of whom a rural housing voucher assistance is provided, and enter into a voucher contract respecting that unit, if a proximate cause of that refusal is the current or prospective tenant's status as a holder of such a voucher. USDA may contract to make, make, and renew annual assistance payments to owners of projects originally financed with such a loan that has matured on or after enactment of this bill, and at rental rates commensurate to income. USDA shall establish uniform requirements, terms, and conditions for any sale or transfer of a property financed with such a loan to any entity, including a nonprofit organization, seeking to acquire it with a similar loan and any low-income housing tax credit under the Internal Revenue Code. USDA may also establish a Multifamily Housing Revitalization Program for the preservation and revitalization of multifamily housing projects funded with such loans, as well as with loans for housing and related facilities for domestic farm labor, to ensure that those projects have sufficient resources to provide safe and affordable housing for low-income residents and farm laborers.

Rural Housing Preservation Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Berta Caceres Human Rights in Honduras Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Honduran police are widely established to be deeply corrupt and commit human rights abuses, including torture, rape, illegal detention, and murder, with impunity. (2) The New York Times revealed documents on April 15, 2016, indicating that top officials of the Honduran police ordered the killings of drug-crime investigators Julian Aristides Gonzales and Alfredo Landaverde in 2009 and 2011, respectively, with the subsequent knowledge of top police and, evidently, high-ranking government officials. The Times suggested in a subsequent article that the revelations were being manipulated by the President of Honduras for his own corrupt purposes. (3) Individuals in the police with documented records of having committed gross human abuses with impunity continue to be appointed to high positions within the police. (4) International human rights bodies have reported that the Honduran military and police commit human rights abuses, including killings, with impunity. The Associated Press has documented death squad activity by police. Human Rights Watch reports: ``The use of lethal force by the national police is a chronic problem. Investigations into the police abuses are marred by inefficiency and corruption, little information about them is made public; and impunity is the rule.''. (5) The Department of State's Honduran Human Rights Report for 2016 reports: ``Impunity remains a serious problem, with prosecution in cases of military and police officials charged with human rights violations moving too slowly or remaining inconclusive.''. (6) Repeated efforts to clean up the Honduran police have largely failed. A recent commission to clean up the police reports that it has separated a number of police. However, to date there has been minimal and only token progress in effectively prosecuting members of the police involved in corruption and human rights abuses, and the reported separations have not been independently verified. Moreover, long-lasting, fundamental reform of the police still needs to be enacted. (7) Rights Action documented the Fifteenth Battalion of the Honduran Armed Forces allegedly participated with police and private security forces in some of the killings of over 100 small-farmer activists in the Aguan Valley beginning in 2000. In 2015, Human Rights Watch confirmed that the killings of Aguan farmers were met with no consequences. To date there has been one confirmed conviction of a private actor. Assassinations of key activists continue. In October 2016, Jose Angel Flores, the president of the Unified Campesino Movement of the Aguan (MUCA), and Silmer Dionisio George, another MUCA member, were assassinated. (8) Further examples abound of human rights abuses by the military: in July 2013 members of the Armed Forces shot and killed Tomas Garcia, a Lenca Indigenous activist, and injured his son while they were peacefully protesting a dam project; in May 2014, nine members of the Ninth Infantry reportedly tortured and killed Amado Maradiaga Quiroz and tortured his son, Milton Noe Maradiaga Varela. The cases remain unresolved. In a recent emblematic case, on December 27, 2015, the Honduran Navy reportedly killed Joel Palacios Lino and Elvis Armando Garcia, two Garifuna Afro-Indigenous men who were engaged in digging a car out of the sand on a beach. The case remains in impunity over a year later. (9) The current Government of Honduras has expanded the military's reach into domestic policing, including the creation of a 3,000-member Military Police in clear violation of the Honduran constitution and with disastrous results, including the killings of a 15-year-old boy, Ebed Yanes, in 2012 and a student, Erlin Misael Carias Moncada, in 2014, after they had passed unarmed through checkpoints, and the January 2, 2017, killing of 17-year-old Edgardo Moreno Rodriquez. Since the creation of the Military Police ``allegations of human rights abuses by the military have increased notably'', reports Human Rights Watch. In 2016 the creation of two new battalions of the Military Police was announced. (10) The Honduran judicial system has been widely documented to be rife with corruption. Judges, prosecutors and other officials are interconnected with organized crime and drug traffickers, contributing to near-complete immunity. (11) The Department of State in its 2015 Human Rights Report for Honduras reports ``corruption, intimidation, and institutional weakness of the justice system leading to widespread impunity.''. (12) Summarizing the situation, Human Rights Watch reports in 2016 that ``Rampant crime and impunity for human rights abuses remain the norm in Honduras . . . Efforts to reform the institutions responsible for providing public security have made little progress. Marred by corruption and abuse, the judiciary and police remain largely ineffective.''. (13) The March 2, 2016, assassination of prominent Lenca Indigenous and environmental activist Berta Caceres, world- renowned recipient of the 2015 Goldman Environmental Prize for her work defending Indigenous land rights against a hydroelectric dam project, illustrates the human rights crisis in Honduras, and the deep complicity of the Honduran government. Caceres, the leader of COPINH, the Council of Indigenous and Popular Organizations of Honduras, had reported to authorities 33 threats previous to her killing, but none had been investigated, and the government had failed to provide adequate protection measures as mandated by the Inter-American Commission on Human Rights, with protection by Honduran security being withdrawn the day of her death. (14) As of February 2017, eight suspects, four of whom have ties to the Honduran military, have been arrested in the killing of Caceres, one of whom is a current officer in the military and three others are former military. These arrests raise serious questions about the role of the Honduran military in her assassination, including the chain of command within the military as well as the identity of the true authors of the assassination. (15) The Government of Honduras continues to unduly limit legally mandated access by Ms. Caceres' family to the case file. In late September 2016, the original case file was allowed to leave the Public Ministry and was stolen. (16) Despite calls from 62 Members of Congress, members of the family of Berta Caceres, COPINH, leaders of the European Union, the Vatican Pontifical Council on Peace and Justice, and many others, the Honduran government has not permitted the Inter-American Commission on Human rights to conduct an independent investigation of the case. (17) In this context of corruption and human rights abuses, trade unionists, journalists, lawyers, Afro-Indigenous activists, Indigenous activists, small-farmer activists, LGBTI activists, human rights defenders, and critics of the government remain at severe risk; and previous human rights abuses against them remain largely unpunished. (18) The May 2, 2016, shooting of prominent opposition journalist Felix Molina illustrates the continued risk facing activists. Hours before he was shot, Molina had posted information potentially linking Caceres's killing to a top government official, members of an elite family, and one of the prosecutors in the case. (19) The Consolidated Appropriations Act, 2016 allocated approximately $18,000,000 to the Honduran police and military, in addition to the National Defense Authorization Act for Fiscal Year 2016 authorizing additional funding. The Administration's funding request for fiscal year 2017 also calls for an increase in security funding for Honduras. (20) The Inter-American Development Bank in 2012 lent $59,800,000 to the Honduran police, with United States approval. SEC. 3. SUSPENSION AND RESTRICTIONS OF SECURITY ASSISTANCE EXTENDED TO REPUBLIC OF HONDURAS UNLESS CERTAIN CONDITIONS HAVE BEEN MET. (a) Suspension of Security Assistance.--No funds may be made available to provide assistance for the police or military of the Republic of Honduras, including assistance for equipment and training. (b) Loans From Multilateral Development Banks.--The Secretary of the Treasury shall instruct United States representatives at multilateral development banks to vote no on any loans for the police or military of the Republic of Honduras. SEC. 4. CONDITIONS FOR LIFTING SUSPENSIONS AND RESTRICTIONS. The provisions of this Act shall terminate on the date on which the Secretary of State determines and certifies to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the Government of Honduras has-- (1) pursued all legal avenues to bring to trial and obtain a verdict of those who ordered and carried out-- (A) the March 2, 2016, murder of Berta Caceres; (B) the killings of over 100 small-farmer activists in the Aguan Valley; (C) the December 27, 2015, killings of Joel Palacios Lino and Elvis Armando Garcia; and (D) the May 3, 2016, armed attack on Felix Molina; (2) investigated and successfully prosecuted members of military and police forces who are credibly found to have violated human rights, and ensured that the military and police cooperated in such cases, and that such violations have ceased; (3) withdrawn the military from domestic policing, in accordance with the Honduran Constitution, and ensured that all domestic police functions are separated from the command and control of the Armed Forces of Honduras and are instead directly responsible to civilian authority; (4) established that it protects effectively the rights of trade unionists, journalists, human rights defenders, Indigenous, Afro-Indigenous, small-farmer, and LGBTI activists, critics of the government, and other civil society activists to operate without interference; and (5) taken effective steps to fully establish the rule of a law and to guarantee a judicial system that is capable of investigating, prosecuting, and bringing to justice members of the police and military who have committed human rights abuses.

Berta Caceres Human Rights in Honduras Act This bill prohibits funds from being made available to Honduras for the police or military (including for equipment and training), and directs the Department of the Treasury to instruct U.S. representatives at multilateral development banks to vote against any loans for the police or military of Honduras, until the Department of States certifies that the government of Honduras has: prosecuted members of the military and police for human rights violations and ensured that such violations have ceased; established the rule of law and guaranteed a judicial system capable of bringing to justice members of the police and military who have committed human rights abuses; established that it protects the rights of trade unionists, journalists, human rights defenders, government critics, and civil society activists to operate without interference; withdrawn the military from domestic policing; and brought to trial and obtained verdicts against those who ordered and carried out the attack on Felix Molina and the killings of Berta Caceres, Joel Palacios Lino, Elvis Armando Garcia, and over 100 small-farmer activists in the Aguan Valley.

Berta Cáceres Human Rights in Honduras Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Regulatory Parity Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The cable modem service offered by cable operators for high-speed access to the Internet is functionally equivalent to, and competes with, digital subscriber line service offered by local exchange carriers. (2) Cable modem services and digital subscriber line services are subject to disparate regulatory treatment by the Federal Government and by State and local governments. (3) Competing and functionally equivalent products and services should be regulated, or not regulated, in the same manner, regardless of who provides such products or services. (4) The Federal Communications Commission is best positioned to determine which, if any, regulatory requirements for broadband access services should be retained and which, if any, should be eliminated. (5) The Commission should be required to ensure that providers of broadband services are regulated in an equivalent manner, regardless of the platform used to provide such services. (6) Government regulation should not favor or advantage one class of competitors among competitors offering similar products or services. (7) The deployment of digital subscriber line service has been restrained by regulatory requirements that are inappropriate for a competitive service offered by various non- dominant providers. (8) Inappropriate regulation imposes needless costs and results in higher consumer costs. (9) Lower consumer costs will accelerate demand for high- speed Internet access services. (10) Regulatory certainty and parity will provide incentives to increase deployment of high-speed Internet services, bringing the benefits of such services to communities in the form of enhancements in medicine, education, national security, work from home, and other benefits. (11) The United States lags behind many other countries in the deployment of high-speed data services. (12) When all providers of broadband services compete under the same rules, consumers will benefit from increased choices and lower prices. SEC. 3. PARITY IN REGULATORY TREATMENT OF BROADBAND SERVICE PROVIDERS AND BROADBAND ACCESS SERVICE PROVIDERS. (a) In General.--Part II of title II of the Communications Act of 1934 (47 U.S.C. 251 et seq.) is amended by adding at the end the following new section: ``SEC. 262. PARITY IN REGULATORY TREATMENT OF BROADBAND SERVICE PROVIDERS AND BROADBAND ACCESS SERVICE PROVIDERS. ``(a) In General.--Notwithstanding any other provision of law, the Commission shall, not later than 120 days after the date of the enactment of the Broadband Regulatory Parity Act of 2002, prescribe regulations to ensure that-- ``(1) all broadband services, and all broadband access services, are subject to the same regulatory requirements, or no regulatory requirements; ``(2) all providers of broadband services, and all providers of broadband access services, are subject to the same regulatory requirements, or no regulatory requirements, with respect to the provision of such services and the facilities and equipment used to provide such services in the provision of such services; and ``(3) paragraphs (1) and (2) are implemented without increasing the regulatory requirements applicable to any provider of broadband services, or broadband access services, on any such service or on any facilities or equipment used to provide any such service in the provision of such service. ``(b) Prohibition on State Jurisdiction.--Notwithstanding any other provision of law, broadband services and broadband access services, and the facilities and equipment used to provide such services in the provision of such services, shall not be subject to the jurisdiction of any State. ``(c) Obligations of Incumbent Local Exchange Carriers to Internet Service Providers.--Notwithstanding subsection (a), each incumbent local exchange carrier has the duty to provide all Internet service providers with the telecommunications necessary for such provider to provide broadband access service to its subscribers. Such telecommunications shall be offered on rates, terms, and conditions that are just and reasonable. ``(d) Savings Provisions.--(1) Nothing in this section affects the requirements of section 271. ``(2) Nothing in this section affects the obligations of incumbent local exchange carriers under section 251(c) to provide requesting telecommunications carriers with services and access to facilities and equipment necessary for the provision of switch-based voice telecommunications service. ``(3) Nothing in this section precludes or affects any tariff filed by the National Exchange Carrier Association or any rural telephone company, and any such tariff may continue to include broadband services. ``(4) Nothing in this section affects section 251(f).''. (b) Definitions.--Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended-- (1) by redesignating paragraphs (20) through (52) as paragraphs (22) through (54), respectively; and (2) by inserting after paragraph (19) the following new paragraphs: ``(20) Broadband service.--The term `broadband service' means any service that is used to provide access to the Internet and consists of or includes the offering of a capability to transmit information at a rate that is generally not less than 256 kilobits per second in at least one direction. ``(21) Broadband access service.--The term `broadband access service' means a service that combines computer processing, information storage, protocol conversion, and wire routing with transmission to enable users to access Internet content and services.''.

Broadband Regulatory Parity Act of 2002 - Amends the Communications Act of 1934 to require the Federal Communications Commission to prescribe regulations to ensure that: (1) all broadband services and broadband access services are subject to the same regulatory requirements (or no such requirements); (2) all providers of such services are subject to the same regulatory requirements with respect to such services and the facilities and equipment used to provide such services; and (3) the above requirements are met without increasing current regulatory requirements with respect to such services, facilities, or equipment. Prohibits such services and related facilities and equipment from being subject to the jurisdiction of any State.Requires each incumbent local exchange carrier to provide all Internet service providers with the telecommunications necessary for the provision of broadband access service to subscribers at just and reasonable rates.

A bill to provide for parity in regulatory treatment of broadband services providers and of broadband access services providers, and for other purposes.

SECTION 1. DEFINITIONS. For purposes of this Act-- (1) the term ``base closure law'' means the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) and title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note); (2) the term ``closed military installation'' means a military installation closed or approved for closure pursuant to a base closure law; (3) the term ``designated refinery'' means a refinery designated under section 2(a); (4) the term ``Federal refinery authorization''-- (A) means any authorization required under Federal law, whether administered by a Federal or State administrative agency or official, with respect to siting, construction, expansion, or operation of a refinery; and (B) includes any permits, special use authorizations, certifications, opinions, or other approvals required under Federal law with respect to siting, construction, expansion, or operation of a refinery; (5) the term ``refinery'' means-- (A) a facility designed and operated to receive, load, unload, store, transport, process, and refine crude oil by any chemical or physical process, including distillation, fluid catalytic cracking, hydrocracking, coking, alkylation, etherification, polymerization, catalytic reforming, isomerization, hydrotreating, blending, and any combination thereof, in order to produce gasoline or other fuel; or (B) a facility designed and operated to receive, load, unload, store, transport, process, and refine coal by any chemical or physical process, including liquefaction, in order to produce gasoline, diesel, or other liquid fuel as its primary output; (6) the term ``Secretary'' means the Secretary of Energy; and (7) the term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. SEC. 2. STATE PARTICIPATION AND PRESIDENTIAL DESIGNATION. (a) Designation Requirement.--Not later than 90 days after the date of enactment of this Act, the President shall designate no less than 3 closed military installations, or portions thereof, subject to subsection (c)(2), that are appropriate for the purposes of siting a refinery. (b) Analysis of Refinery Sites.--In considering any site for possible designation under subsection (a), the President shall conduct an analysis of-- (1) the availability of crude oil supplies to the site, including supplies from domestic production of shale oil and tar sands and other strategic unconventional fuels; (2) the distribution of the Nation's refined petroleum product demand; (3) whether such site is in close proximity to substantial pipeline infrastructure, including both crude oil and refined petroleum product pipelines, and potential infrastructure feasibility; (4) the need to diversify the geographical location of the domestic refining capacity; (5) the effect that increased refined petroleum products from a refinery on that site may have on the price and supply of gasoline to consumers; (6) the impact of locating a refinery on the site on the readiness and operations of the Armed Forces; and (7) such other factors as the President considers appropriate. (c) Sale or Disposal.-- (1) Designation.--Except as provided in paragraph (2), until the expiration of 2 years after the date of enactment of this Act, the Federal Government shall not sell or otherwise dispose of the military installations designated pursuant to subsection (a). (2) Governor's objection.--No site may be used for a refinery under this Act if, not later than 60 days after designation of the site under subsection (a), the Governor of the State in which the site is located transmits to the President an objection to the designation, unless, not later than 60 days after the President receives such objection, the Congress has by law overridden the objection. (d) Redevelopment Authority.--With respect to a closed military installation, or portion thereof, designated by the President as a potentially suitable refinery site pursuant to subsection (a)-- (1) the redevelopment authority for the installation, in preparing or revising the redevelopment plan for the installation, shall consider the feasibility and practicability of siting a refinery on the installation; and (2) the Secretary of Defense, in managing and disposing of real property at the installation pursuant to the base closure law applicable to the installation, shall give substantial deference to the recommendations of the redevelopment authority, as contained in the redevelopment plan for the installation, regarding the siting of a refinery on the installation. SEC. 3. PROCESS COORDINATION AND RULES OF PROCEDURE. (a) Designation as Lead Agency.-- (1) In general.--The Department of Energy shall act as the lead agency for the purposes of coordinating all applicable Federal refinery authorizations and related environmental reviews with respect to a designated refinery. (2) Other agencies.--Each Federal and State agency or official required to provide a Federal refinery authorization shall cooperate with the Secretary and comply with the deadlines established by the Secretary. (b) Schedule.-- (1) Secretary's authority to set schedule.--The Secretary shall establish a schedule for all Federal refinery authorizations with respect to a designated refinery. In establishing the schedule, the Secretary shall-- (A) ensure expeditious completion of all such proceedings; and (B) accommodate the applicable schedules established by Federal law for such proceedings. (2) Failure to meet schedule.--If a Federal or State administrative agency or official does not complete a proceeding for an approval that is required for a Federal refinery authorization in accordance with the schedule established by the Secretary under this subsection, the applicant may pursue remedies under subsection (d). (c) Consolidated Record.--The Secretary shall, with the cooperation of Federal and State administrative agencies and officials, maintain a complete consolidated record of all decisions made or actions taken by the Secretary or by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to any Federal refinery authorization. Such record shall be the record for judicial review under subsection (d) of decisions made or actions taken by Federal and State administrative agencies and officials, except that, if the Court determines that the record does not contain sufficient information, the Court may remand the proceeding to the Secretary for further development of the consolidated record. (d) Judicial Review.-- (1) In general.--The United States Court of Appeals for the District of Columbia shall have original and exclusive jurisdiction over any civil action for the review of-- (A) an order or action, related to a Federal refinery authorization, by a Federal or State administrative agency or official; and (B) an alleged failure to act by a Federal or State administrative agency or official acting pursuant to a Federal refinery authorization. The failure of an agency or official to act on a Federal refinery authorization in accordance with the Secretary's schedule established pursuant to subsection (b) shall be considered inconsistent with Federal law for the purposes of paragraph (2) of this subsection. (2) Court action.--If the Court finds that an order or action described in paragraph (1)(A) is inconsistent with the Federal law governing such Federal refinery authorization, or that a failure to act as described in paragraph (1)(B) has occurred, and the order, action, or failure to act would prevent the siting, construction, expansion, or operation of the designated refinery, the Court shall remand the proceeding to the agency or official to take appropriate action consistent with the order of the Court. If the Court remands the order, action, or failure to act to the Federal or State administrative agency or official, the Court shall set a reasonable schedule and deadline for the agency or official to act on remand. (3) Secretary's action.--For any civil action brought under this subsection, the Secretary shall promptly file with the Court the consolidated record compiled by the Secretary pursuant to subsection (c). (4) Expedited review.--The Court shall set any civil action brought under this subsection for expedited consideration. (5) Attorney's fees.--In any action challenging a Federal refinery authorization that has been granted, reasonable attorney's fees and other expenses of litigation shall be awarded to the prevailing party. This paragraph shall not apply to any action seeking remedies for denial of a Federal refinery authorization or failure to act on an application for a Federal refinery authorization.

Requires the President to designate not less than three closed military installations (or portions of them) that are appropriate for siting a refinery for gasoline or other fuel. Designates the Department of Energy as the lead agency for coordinating applicable federal refinery authorizations and related environmental reviews with respect to a designated refinery. Gives the U.S. Court of Appeals for the District of Columbia exclusive jurisdiction over civil actions relating to federal refinery authorizations.

To expedite the construction of new refining capacity on closed military installations in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Specialty Crop Export Opportunities Act of 2007''. SEC. 2. REGULATION OF EXPORTS OF PLANTS, PLANT PRODUCTS, BIOLOGICAL CONTROL ORGANISMS, AND NOXIOUS WEEDS. (a) In General.--Subtitle A of title IV of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 7701 et seq.) is amended by adding at the end the following new section: ``SEC. 420. REGULATION OF EXPORTS OF PLANTS, PLANT PRODUCTS, BIOLOGICAL CONTROL ORGANISMS, AND NOXIOUS WEEDS. ``(a) In General.--The Secretary may regulate plants, plant products, biological control organisms, and noxious weeds for export purposes. ``(b) Duties.--The Secretary shall-- ``(1) coordinate fruit and vegetable market analyses with the private sector and the Administrator of the Foreign Agricultural Service; and ``(2) make publicly available on an Internet website-- ``(A) the status of all export petitions; ``(B) to the greatest extent possible, an explanation of the sanitary or phytosanitary issues associated with each pending export petition; and ``(C) to the greatest extent possible, information on the import requirements of foreign countries for fruits and vegetables. ``(c) Regulations.--The Secretary may issue regulations to implement this section.''. (b) Table of Contents.--The table of contents in section 1(b) of such Act (7 U.S.C. 1501 note) is amended by inserting after the item relating to section 419 the following new item: ``Sec. 420. Regulation of exports of plants, plant products, biological control organisms, and noxious weeds.''. SEC. 3. RESTORATION OF IMPORT AND ENTRY AGRICULTURAL INSPECTION FUNCTIONS TO THE DEPARTMENT OF AGRICULTURE. (a) Repeal of Transfer of Functions.--Section 421 of the Homeland Security Act of 2002 (6 U.S.C. 231) is repealed. (b) Conforming Amendment to Function of Secretary of Homeland Security.--Section 402 of the Homeland Security Act of 2002 (6 U.S.C. 202) is amended-- (1) by striking paragraph (7); and (2) by redesignating paragraph (8) as paragraph (7). (c) Transfer Agreement.-- (1) In general.--Not later than the effective date described in subsection (g), the Secretary of Agriculture and the Secretary of Homeland Security shall enter into an agreement to effectuate the return of functions required by the amendments made by this section. (2) Use of certain employees.--The agreement may include authority for the Secretary of Agriculture to 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. (d) Restoration of Department of Agriculture Employees.--Not later than the effective date described in subsection (e), all full-time equivalent positions of the Department of Agriculture transferred to the Department of Homeland Security under section 421(g) of the Homeland Security Act of 2002 (6 U.S.C. 231(g)) (as in effect on the day before the effective date described in subsection (g)) shall be restored to the Department of Agriculture. (e) Authority of APHIS.-- (1) Establishment of program.--The Secretary of Agriculture shall establish within the Animal and Plant Health Inspection Service a program, to be known as the ``International Agricultural Inspection Program'', under which the Administrator of the Animal and Plant Health Inspection Service (referred to in this subsection as the ``Administrator'') shall carry out import and entry agricultural inspections. (2) Information gathering and inspections.--In carrying out the program under paragraph (1), the Administrator shall have full access to-- (A) each secure area of any terminal for screening passengers or cargo under the control of the Department of Homeland Security on the day before the date of enactment of this Act for purposes of carrying out inspections and gathering information; and (B) each database (including any database relating to cargo manifests or employee and business records) under the control of the Department of Homeland Security on the day before the date of enactment of this Act for purposes of gathering information. (3) Inspection alerts.--The Administrator may issue inspection alerts, including by indicating cargo to be held for immediate inspection. (4) Inspection user fees.--The Administrator may, as applicable-- (A) continue to collect any agricultural quarantine inspection user fee; and (B) administer any reserve account for the fees. (5) Career track program.-- (A) In general.--The Administrator shall establish a program, to be known as the ``import and entry agriculture inspector career track program'', to support the development of long-term career professionals with expertise in import and entry agriculture inspection. (B) Strategic plan and training.--In carrying out the program under this paragraph, the Administrator, in coordination with the Secretary of Agriculture, shall-- (i) develop a strategic plan to incorporate import and entry agricultural inspectors into the infrastructure protecting food, fiber, forests, bioenergy, and the environment of the United States from animal and plant pests, diseases, and noxious weeds; and (ii) as part of the plan under clause (i), provide training for import and entry agricultural inspectors participating in the program not less frequently than once each year to improve inspection skills. (f) Duties of Secretary.-- (1) In general.--The Secretary of Agriculture (referred to in this subsection as the ``Secretary'') shall-- (A) develop standard operating procedures for inspection, monitoring, and auditing relating to import and entry agricultural inspections, in accordance with recommendations from the Comptroller General of the United States and reports of interagency advisory groups, as applicable; and (B) ensure that the Animal and Plant Health Inspection Service has a national electronic system with real-time tracking capability for monitoring, tracking, and reporting inspection activities of the Service. (2) Federal and state cooperation.-- (A) Communication system.--The Secretary shall develop and maintain an integrated, real-time communication system with respect to import and entry agricultural inspections to alert State departments of agriculture of significant inspection findings of the Animal and Plant Health Inspection Service. (B) Advisory committee.-- (i) Establishment.--The Secretary shall establish a committee, to be known as the ``International Trade Inspection Advisory Committee'' (referred to in this subparagraph as the ``committee''), to advise the Secretary on policies and other issues relating to import and entry agricultural inspection. (ii) Model.--In establishing the committee, the Secretary shall use as a model the Agricultural Trade Advisory Committee. (iii) Membership.--The committee shall be composed of members representing-- (I) State departments of agriculture; (II) directors of ports and airports in the United States; (III) the transportation industry; (IV) the public; and (V) such other entities as the Secretary determines to be appropriate. (3) Report.--Not less frequently than once each year, the Secretary shall submit to Congress a report containing an assessment of-- (A) the resource needs for import and entry agricultural inspection, including the number of inspectors required; (B) the adequacy of-- (i) inspection and monitoring procedures and facilities in the United States; and (ii) the strategic plan developed under subsection (e)(5)(B)(i); and (C) new and potential technologies and practices, including recommendations regarding the technologies and practices, to improve import and entry agricultural inspection. (4) Funding.--The Secretary shall pay the costs of each import and entry agricultural inspector employed by the Animal and Plant Health Inspection Service-- (A) from amounts made available to the Department of Agriculture for the applicable fiscal year; or (B) if amounts described in subparagraph (A) are unavailable, from amounts of the Commodity Credit Corporation. (g) Effective Date.--The amendments made by this section take effect on the date that is 180 days after the date of enactment of this Act. SEC. 4. REPORTS OF TRADE ADVISORY COMMITTEES. Whenever the Agricultural Policy Committee on Trade or the Agricultural Technical Advisory Committee on Trade in Fruits and Vegetables, established under section 135 of the Trade Act of 1974, provides any recommendations to the United States Trade Representative, that committee shall at the same time provide those recommendations to the Committee on Agriculture and the Committee on Ways and Means of the House of Representatives and to the Committee on Agriculture and the Committee on Finance of the Senate. SEC. 5. REPORT ON FOREIGN AGRICULTURAL SERVICE STAFFING LEVELS FOR MONITORING OTHER COUNTRIES' COMPLIANCE WITH TRADE AGREEMENTS. Not later than 60 days after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a report-- (1) evaluating the ability of the Foreign Agricultural Service to adequately monitor other countries' compliance with the terms of the Uruguay Round Agreements and the terms of other agreements (including NAFTA and other bilateral agreements) to ensure that the United States realizes the full benefits of these agreements as they relate to agricultural commodities; and (2) containing the recommending of the Secretary regarding whether current vacancies in the monitoring office of the Foreign Agricultural Service should be filled. SEC. 6. FEASIBILITY REPORT REGARDING EXPORT INDEMNIFICATION FOR UNSUBSIDIZED COMMODITIES. Not later than January 1, 2008, the Secretary of Agriculture shall submit to Congress a report evaluating the feasibility and cost of establishing an indemnity program for exporters of articles classified under chapters 7 and 8 of the Harmonized Tariff Schedule of the United States that will provide compensation to those exporters when they comply fully with United States export and foreign country import requirements for the articles, but the articles are wrongfully denied entry into the foreign country. SEC. 7. TREATMENT OF UNSUBSIDIZED COMMODITIES UNDER AGREEMENT ON AGRICULTURE. The United States Trade Representative shall propose in the Doha Round of negotiations conducted under the auspices of the World Trade Organization that all articles classified under chapters 7 and 8 of the Harmonized Tariff Schedule of the United States be excluded from coverage under article 13 of the Agreement on Agriculture referred to in section 101(d)(2) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(2)). SEC. 8. SPECIAL EXPORT CREDIT GUARANTEE PROGRAM. The Secretary of Agriculture shall establish and maintain a program of export credits that is, as nearly as may be, identical to the program administered under sections 1493.400 through 1493.530 of title 7, Code of Federal Regulations, except that-- (1) either an exporter to, or an importer in, a foreign place shall be eligible for a credit guarantee; (2) the guarantee shall be for a period of 45 days beginning on the date of issuance of the guarantee; and (3) the cost of the guarantee shall not exceed 45 cents for each $100 of coverage purchased. SEC. 9. AUTHORIZATION LEVELS FOR EMERGING MARKET CREDIT PROGRAM. Section 1542 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5622 note) is amended-- (1) in subsections (a) and (d)(1)(A)(i) by striking ``2007'' and inserting ``2013''; and (2) in subsections (a) and (d) (1)(H) by striking $10,000,000'' and inserting ``$20,000,000''. SEC. 10. DEFINITIONS. In this Act: (1) NAFTA.--The term ``NAFTA'' means the North American Free Trade Agreement. (2) Uruguay round agreements.--The term ``Uruguay Round Agreements'' means the agreements referred to in section 101(d) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)).

United States Specialty Crop Export Opportunities Act of 2007 - Amends the Agricultural Risk Protection Act of 2000 to authorize the Secretary of Agriculture to regulate plants, plant products, biological control organisms, and noxious weeds for export purposes. Directs the Secretary to: (1) coordinate fruit and vegetable market analyses with the private sector and the Administrator of the Foreign Agricultural Service; and (2) make publicly available on an Internet website the status of all export petitions and an explanation of the sanitary or phytosanitary issues associated with each pending export petition, and information on the import requirements of foreign countries for fruits and vegetables. Amends the Homeland Security Act to repeal the transfer of agricultural import and entry inspection functions from the Department of Agriculture to the Department of Homeland Security (DHS). Directs the Secretary to establish: (1) within the Animal and Plant Health Inspection Service the international agricultural inspection program to carry out import and entry agricultural inspections; (2) a federal-state agricultural inspection communications system; (3) the International Trade Inspection Advisory Committee; and (4) a special export credit guarantee program. Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to extend: (1) the promotion of agricultural exports to emerging markets program; and (2) the E. (Kika) de la Garza Agricultural Fellowship program.

To provide for assistance to United States exporters of certain fruits and vegetables in order to ensure better access to foreign markets.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prostate Cancer Diagnosis and Treatment Act of 1997''. SEC. 2. MEDICARE COVERAGE OF PROSTATE CANCER SCREENING AND CERTAIN DRUG TREATMENTS. (a) Coverage of Screening Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) by striking ``and'' at the end of subparagraph (N); (B) by striking ``and'' at the end of subparagraph (O); and (C) by inserting after subparagraph (O) the following new subparagraph: ``(P) services for the early detection of prostate cancer (as defined in subsection (oo)); and''. (2) Services described.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Services for the Early Detection of Prostate Cancer ``(oo) The term `services for the early detection of prostate cancer' means the following procedures provided to a man for the purpose of early detection of prostate cancer: ``(1) Digital rectal examination. ``(2) Prostate-specific antigen blood test. ``(3) Transrectal ultrasonography. ``(4) Such other procedures as the Secretary may designate as appropriate for early detection of prostate cancer.''. (3) Payment amounts; limitations on frequency of coverage.--Section 1834 of such Act (42 U.S.C. 1395m) is amended by inserting after subsection (c) the following new subsection: ``(d) Payment Amounts and Frequency Limits for Services for the Early Detection of Prostate Cancer.-- ``(1) In general.--Notwithstanding any other provision of this part, with respect to expenses incurred for services for the early detection of prostate cancer (as defined in section 1861(oo))-- ``(A) payment may be made only for services provided consistent with the frequency permitted under paragraph (2); and ``(B) the amount of the payment under this part shall be equal to 80 percent of the lesser of the actual charge for the service or-- ``(i) in the case of a service for the early detection of prostate cancer consisting of a prostate-specific antigen blood test, the fee schedule amount established for the service under section 1833(h) (relating to payments for clinical diagnostic laboratory tests); or ``(ii) in the case of any other service for the early detection of prostate cancer, the amount provided under the fee schedule established by the Secretary under paragraph (3) (subject to the deductible established under section 1833(b)). ``(2) Frequency covered.-- ``(A) In general.--Subject to subparagraph (B) and to revision by the Secretary under subparagraph (C), no payment may be made under this part for a service for the early detection of prostate cancer provided to an individual-- ``(i) if the individual is under 50 years of age; or ``(ii) if the service is provided within the 11 months after a previous service for the early detection of prostate cancer. ``(B) Exception for high risk individuals.--Payment may be made under this part for a service for the early detection of prostate cancer provided to an individual more frequently than the limit established under subparagraph (A)(ii) if the individual is at a high risk of developing prostate cancer (as determined pursuant to factors identified by the Secretary). ``(C) Revision by secretary.-- ``(i) Review.--The Secretary, in consultation with the Director of the National Cancer Institute, shall review periodically the appropriate frequency for performing services for the early detection of prostate cancer based on age and such other factors as the Secretary believes to be pertinent. ``(ii) Revision of frequency.--The Secretary, taking into consideration the review made under clause (i), may revise from time to time the frequency with which such services may be paid for under this subsection, but no such revision shall apply to services performed before January 1, 2000. ``(3) Establishment of fee schedule.-- ``(A) In general.--The Secretary shall establish fee schedules (on such geographic basis as the Secretary considers appropriate) for payment for services for the early detection of prostate cancer under this part (other than prostate-specific antigen blood tests), effective for services furnished after the expiration of the 90-day period beginning on the date the Secretary establishes the fee schedules. ``(B) Factors considered.--In establishing fee schedules under subparagraph (A), the Secretary shall take into consideration variations in the cost of furnishing such services among geographic areas and among different sites where services are furnished, together with such other factors as may be appropriate to assure that payment amounts are equitable. ``(4) Limiting charges of nonparticipating physicians.--In the case of a service for the early detection of prostate cancer for which payment may be made under this part, if a nonparticipating physician or nonparticipating supplier or other person (as defined in section 1842(i)(2)) who does not accept payment on an assignment-related basis provides the service to an individual enrolled under this part, section 1848(g)(1) shall apply to the service in the same manner as such section applies to a physician's service.''. (4) Conforming amendments.--(A) Paragraphs (1)(D) and (2)(D) of section 1833(a) of such Act (42 U.S.C. 1395l(a)) are each amended by striking ``subsection (h)(1),'' and inserting ``subsection (h)(1) or section 1834(d)(1)(B)(i),''. (B) Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) is amended-- (i) by striking ``and (P)'' and inserting ``(P)''; and (ii) by striking the semicolon at the end and inserting the following: ``, and (Q) with respect to services for the early detection of prostate cancer (as defined in section 1861(oo)) (other than prostate- specific antigen tests), the amounts paid shall be the amounts described in section 1834(d)(1);''. (C) Section 1833(a) of such Act (42 U.S.C. 1395l(a)) is amended-- (i) by striking ``and'' at the end of paragraph (6); (ii) by striking the period at the end of paragraph (7) and inserting ``; and''; and (iii) by adding at the end the following new paragraph: ``(8) in the case of services for the early detection of prostate cancer (as defined in section 1861(oo)) (other than prostate-specific antigen tests), the amounts described in section 1834(d)(1).''. (D) Section 1833(h)(1)(A) of such Act (42 U.S.C. 1395l(h)(1)(A)) is amended by striking ``The Secretary'' and inserting ``Subject to section 1834(d), the Secretary''. (E) Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is amended-- (i) in paragraph (1)-- (I) in subparagraph (E), by striking ``and'' at the end, (II) in subparagraph (F), by striking the semicolon at the end and inserting ``, and'', and (III) by adding at the end the following new subparagraph: ``(G) in the case of services for the early detection of prostate cancer (as defined in section 1861(oo)), which are performed more frequently than is covered under section 1834(d)(2);''; and (ii) in paragraph (7), by striking ``paragraph (1)(B) or under paragraph (1)(F)'' and inserting ``subparagraphs (B), (F), or (G) of paragraph (1)''. (b) Coverage of Certain Drug Treatments.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by subsection (a)(1), is further amended-- (1) by striking ``and'' at the end of subparagraph (P); (2) by adding ``and'' at the end of subparagraph (Q); and (3) by adding at the end the following new subparagraph: ``(R) an oral drug prescribed for the treatment of prostate cancer, if the use of the drug for such purpose is a medically accepted indication under subsection (t)(2);''. (c) Effective Date.--The amendments made by this section shall apply to services provided on or after January 1, 1998, without regard to whether or not the Secretary has established fee schedules under section 1834(d)(3) of the Social Security Act (as added by subsection (a)(3)) or promulgated other regulations to carry out such amendments by that date. SEC. 3. EARLY DETECTION AND TREATMENT OF PROSTATE CANCER IN VETERANS. (a) Preventive Health Services.--Section 1701(9) of title 38, United States Code is amended-- (1) by redesignating subparagraphs (J) and (K) as subparagraphs (K) and (L), respectively; and (2) by inserting after subparagraph (I) the following new subparagraph (J): ``(J) tests for the early detection and diagnosis of prostate cancer;''. (b) Coverage of Services for Early Detection and Treatment of Prostate Cancer.-- (1) In general.--Chapter 17 of such title is amended by inserting after section 1724 the following new section: ``Sec. 1725. Prostate cancer detection and treatment ``(a) The Secretary shall include in the medical services furnished to veterans under this chapter-- ``(1) services for the early detection and treatment of prostate cancer; ``(2) information on the early detection and treatment of prostate cancer; and ``(3) counseling regarding prostate cancer. ``(b) Based on the best available medical evidence, the Secretary shall implement a schedule for early detection of prostate cancer for veterans confined to hospitals or other institutions. ``(c) For the purposes of this section-- ``(1) services for the early detection of prostate cancer are procedures provided to a male for the purpose of the early detection of prostate cancer, including digital rectal examinations, prostate-specific antigen blood tests, and transrectal ultrasonography; and ``(2) services for treatment of prostate cancer may include the furnishing of drugs approved by the Food and Drug Administration for the treatment of prostate cancer. ``(d) The Secretary may carry out research and research training in the diagnosis and treatment of prostate cancer based upon the prostate cancer services provided under this section and may develop guidelines outlining effective treatment regimens for prostate cancer.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1724 the following new item: ``1725. Prostate cancer detection and treatment.''.

Prostate Cancer Diagnosis and Treatment Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of services for the early detection of prostate cancer and certain drug treatments for such cancer. Requires the Secretary of Health and Human Services to establish fee schedules for such services. Amends Federal law to cover such detection and treatment services for veterans as a preventive health service.

Prostate Cancer Diagnosis and Treatment Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Mint Bicentennial Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) Five Dollar Gold Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 350,000 five dollar coins each of which shall weigh 8.359 grams, have a diameter of .0850 inches, and shall contain 90 percent gold and 10 percent alloy. (b) One Dollar Silver Coins.--The Secretary shall issue not more than 1,000,000 one dollar coins each of which shall weigh 26.73 grams, have a diameter of 1.5 inches, and be composed of 90 percent silver and 10 percent copper. (c) Half Dollar Silver Coins.--The Secretary shall issue not more than 1,750,000 half dollar coins each of which shall weigh 12.50 grams, have a diameter of 1.205 inches, and be composed of 90 percent silver and 10 percent copper. SEC. 3. SOURCES OF BULLION. (a) Gold.--The Secretary shall obtain gold for the coins minted under this Act pursuant to the authority of the Secretary under existing law. (b) Silver.--The Secretary shall obtain silver for the coins minted under this Act from stockpiles established under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.). SEC. 4. DESIGN. (a) Design of Five Dollar Gold Coins.--The design of the five dollar coins shall portray Alexander Hamilton on the obverse. The reverse shall display the scene of the inspection of the first United States coins. On each coin authorized hereunder there shall be a designation of the value of the coin, and inscriptions of the words ``United States of America'', ``E Pluribus Unum'', ``In God We Trust'' and ``Liberty''. (b) Design of One Dollar Silver Coins.--The obverse of the one dollar coins shall portray Thomas Jefferson, the first Secretary of State, and shall honor his 250th birthday. The reverse shall display the first coining press--United States Mint. On each coin authorized hereunder there shall be a designation of the value of the coin and inscriptions of the words ``United States of America'', ``E Pluribus Unum'', ``In God We Trust'' and ``Liberty''. (c) Design of the Half Dollar Silver Coins.--The design of the half dollar silver coins shall depict on the obverse David Rittenhouse, the first Director of the United States Mint. The reverse shall show the first mint building. On each coin authorized hereunder there shall be a designation of the value of the coin and inscriptions of the words ``United States of America'', ``E Pluribus Unum'', ``In God We Trust'' and ``Liberty''. SEC. 5. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, marketing and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales at a reasonable discount. (c) Surcharge Required.--All sales shall include a surcharge of $30 per coin for the five dollar coins, $7 per coin for the one dollar coins and $2 per coin for the half dollar coins. (d) Reports to Congress.-- (1) Not later than 15 days after the last day of each month, the Secretary shall transmit to the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Each report submitted pursuant to paragraph (1) shall include a review of all marketing activities under this section and a financial statement which details sources of funds, surcharges generated, and expenses incurred for manufacturing, materials, overhead, packaging, marketing and shipping. SEC. 6. ISSUANCE OF THE COINS. (a) Period of Issuance.--The coins authorized under this Act shall be minted and available for issue no later than July 15, 1993, but shall be issued only during 1993. (b) Proof of Uncirculated Coins.--The coins authorized under this Act shall be issued in uncirculated and proof qualities. (c) Bureau of the Mint.--Not more than one facility of the Bureau of the Mint may be used to strike any particular combination of denomination and quality. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods or services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--All surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Smithsonian Institution for the National Numismatic Collection. (b) Use of Proceeds.--Amounts received under subsection (a) shall be used by the Executive Director of the National Numismatic Collection to establish-- (1) an endowment fund for the purpose of purchasing needed reference materials and numismatic items for the National Numismatic Collection; and (2) an endowment fund to promote numismatic study, finance symposia and travel and publicize the results of any advancements; and (3) establish a fund to renovate the permanent and temporary exhibit facilities of the National Numismatic Collection. SEC. 9. AUDITS. The Comptroller General of the United States shall have the right to examine such books, records, documents and other data of the organizing committee as may be related to the expenditure of amounts paid under section 208. SEC. 10. FINANCIAL ASSURANCES. (a) No Net Cost.--The Secretary shall take such actions as may be necessary to ensure that the minting and issuance of the coins referred to in section 202 shall not result in any net cost to the Federal Government. (b) Payment Assurances.--No coin shall be issued under this Act unless the Secretary has received-- (1) full payment for such 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, the deposits are insured by the 20 Federal Deposit Insurance Corporations or the National Credit Union Administration.

United States Mint Bicentennial Coin Act - Directs the Secretary of the Treasury to mint coins in commemoration of the 200th anniversary of the establishment of the United States Mint. Prescribes the designs for the ensuing five-dollar gold coins, one-dollar silver coins, and half-dollar silver coins. Restricts issuance of such coins to 1993. Mandates that all surcharges received from the sale of such coins be paid to the Smithsonian Institution for the National Numismatic Collection. Requires the Executive Director of the National Numismatic Collection to establish specified funds with the surcharge proceeds. Prescribes financial assurances.

United States Mint Bicentennial Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting America's Young Entrepreneurs Act of 2016''. SEC. 2. SMALL BUSINESS START-UP EMPLOYEE LOAN DEFERMENT AND CANCELLATION. (a) Deferment.--Section 455(f) of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)) is amended-- (1) in paragraph (1), by striking ``A borrower of a loan'' and inserting ``Except as provided in paragraph (5), a borrower of a loan''; and (2) by adding at the end the following: ``(5) No interest deferment eligibility for founders of small business start-ups.--A borrower of a loan made under this part shall be eligible for a deferment, during which periodic installments of principal and interest need not be paid, during any period not in excess of 3 years during which the borrower is employed as a founder of a small business start-up (as defined in subsection (r)(3)).''. (b) Loan Cancellation.--Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended by adding at the end the following: ``(r) Loan Cancellation for Certain Small Business Start-Up Employees.-- ``(1) Founder of a small business start-up in a distressed area.-- ``(A) In general.--The Secretary shall cancel $20,000 of the balance of interest and principal due, in accordance with subparagraph (B), on any eligible Federal Direct Loan not in default for a borrower who-- ``(i) has made 24 monthly payments on the eligible Federal Direct Loan after the date of the enactment of this subsection pursuant to any one or a combination of payments under a repayment plan under subsection (d)(1) or (g); ``(ii) has been employed as a founder of a small business start-up in a distressed area during the period in which the borrower makes each of the 24 payments; ``(iii) is employed as a founder of a small business start-up in a distressed area at the time of such cancellation; and ``(iv) is approved for loan cancellation by the young entrepreneurs business center under section 47 of the Small Business Act (16 U.S.C. 631 et seq.). ``(B) Loan cancellation amount.-- ``(i) In general.--After the conclusion of the employment period described in subparagraph (A), the Secretary shall cancel the obligation to repay $20,000 of the balance of interest and principal due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(ii) Limitation.--A borrower may not receive an aggregate amount of more than $20,000 under this subparagraph. ``(C) Ineligibility for double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this paragraph and-- ``(i) paragraph (2); ``(ii) subsection (m); or ``(iii) section 428J, 428K, 428L, or 460. ``(2) Employee of a small business start-up.-- ``(A) In general.--The Secretary shall cancel $3,000 of the balance of interest and principal due, in accordance with subparagraph (B), on any eligible Federal Direct Loan not in default for a borrower who-- ``(i) has made 12 monthly payments on the eligible Federal Direct Loan after the date of the enactment of this subsection pursuant to any one or a combination of payments under a repayment plan under subsection (d)(1) or (g); ``(ii) has been employed in a small business start-up job during the period in which the borrower makes each of the 12 payments; and ``(iii) is employed in a small business start-up job at the time of such cancellation. ``(B) Loan cancellation amount.-- ``(i) In general.--After the conclusion of the employment period described in subparagraph (A), the Secretary shall cancel the obligation to repay $3,000 of the balance of interest and principal due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(ii) Limitation.--A borrower may not receive an aggregate amount of more than $15,000 under this subparagraph. ``(C) Ineligibility for double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this paragraph and-- ``(i) paragraph (1); ``(ii) subsection (m); or ``(iii) section 428J, 428K, 428L, or 460. ``(3) Definitions.--In this subsection: ``(A) Distressed area.--The term `distressed area' means an area identified under section 47 of the Small Business Act (16 U.S.C. 631 et seq.). ``(B) Eligible federal direct loan.--The term `eligible Federal Direct Loan' means a Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan. ``(C) Founder.--The term `founder' shall have the meaning given such term by the Administrator of the Small Business Administration under this paragraph. ``(D) Small business start-up.--The term `small business start-up' means a business that is certified by the young entrepreneurs business center under section 47 of the Small Business Act (16 U.S.C. 631 et seq.). ``(E) Small business start-up job.--The term `small business start-up job' means a full-time job as an employee of a small business start-up.''. SEC. 3. LOAN REFINANCING. (a) In General.--Part D of title IV of the Higher Education Act of 1965 is amended by adding at the end the following: ``SEC. 460. FEDERAL DIRECT REFINANCED PRIVATE LOAN PROGRAM. ``(a) Definitions.--In this section: ``(1) Eligible private education loan.--The term `eligible private education loan' means a private education loan, as defined in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)), that was for the borrower's own postsecondary educational expenses for an eligible program at an institution of higher education participating in the loan program under this part, as of the date that the loan was disbursed. ``(2) Federal direct refinanced private loan.--The term `Federal Direct Refinanced Private Loan' means a loan issued under subsection (b)(1). ``(3) Private educational lender.--The term `private educational lender' has the meaning given the term in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)). ``(4) Qualified borrower.--The term `qualified borrower' means an individual who-- ``(A) has an eligible private education loan; ``(B) has been current on payments on the eligible private education loan for the 6 months prior to the date of the qualified borrower's application for refinancing under this section, and is in good standing on the loan at the time of such application; ``(C) is not in default on the eligible private education loan or on any loan made, insured, or guaranteed under this part or part B or E; and ``(D) meets the eligibility requirements described in subsection (b)(2). ``(b) Program Authorized.-- ``(1) In general.--The Secretary, in consultation with the Secretary of the Treasury, shall carry out a program under which the Secretary, upon application by a qualified borrower who has an eligible private education loan, shall issue such borrower a loan under this part in accordance with the following: ``(A) The loan issued under this program shall be in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the private education loan. ``(B) The Secretary shall pay the proceeds of the loan issued under this program to the private educational lender of the private education loan, in order to discharge the qualified borrower from any remaining obligation to the private educational lender with respect to the original private education loan. ``(C) The Secretary shall require that the qualified borrower undergo loan counseling that provides all of the information and counseling required under clauses (i) through (viii) of section 485(b)(1)(A) before the loan is refinanced in accordance with this section, and before the proceeds of such loan are paid to the private educational lender. ``(D) The Secretary shall issue the loan as a Federal Direct Refinanced Private Loan, which shall have the same terms, conditions, and benefits as a Federal Direct Subsidized Loan, except as otherwise provided in this section. ``(2) Borrower eligibility.--Not later than 180 days after the date of the enactment of this section, the Secretary, in consultation with the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, shall establish eligibility requirements-- ``(A) to ensure eligibility only for qualified borrowers in good standing; ``(B) to minimize inequities between Federal Direct Refinanced Private Loans and other Federal student loans; ``(C) to preclude windfall profits for private educational lenders; and ``(D) to ensure full access to the program authorized in this subsection for borrowers with private loans who otherwise meet the criteria established in accordance with subparagraphs (A) and (B). ``(c) Interest Rate.-- ``(1) In general.--The interest rate for a Federal Direct Refinanced Private Loan is, in the case a private education loan originally issued for undergraduate, graduate, or professional degree postsecondary educational expenses, a rate equal to the rate for Federal Direct Subsidized Stafford Loans issued to undergraduate students for the 12-month period beginning on July 1, 2016, and ending on June 30, 2017. ``(2) Fixed rate.--The applicable rate of interest determined under this subsection for a Federal Direct Refinanced Private Loan shall be fixed for the period of the loan. ``(d) Treatment of Loans.--Nothing in this section shall affect the ability of a borrower to qualify for loan repayment under a repayment plan under subsection (d)(1) or (g) of section 455.''. (b) Notice of Potential Eligibility.--Section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)) is amended by adding at the end the following new paragraph: ``(12) Notice required along with billing statements.-- Along with each billing statement sent to the borrower, the private educational lender shall include a statement informing the borrower that the borrower may be eligible for the Federal Direct Refinanced Private Loan program established under section 460 of the Higher Education Act of 1965.''. SEC. 4. YOUNG ENTREPRENEURS BUSINESS CENTER. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 47 as section 48; and (2) by inserting after section 46 the following: ``SEC. 47. YOUNG ENTREPRENEURS BUSINESS CENTER. ``(a) Establishment.--There is established within the Administration a young entrepreneurs business center that shall, for purposes of loan cancellation for start-up employees established under subsection (r) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e)-- ``(1) certify small business start-ups under subsection (b); ``(2) identify distressed areas under subsection (c); and ``(3) approve loan cancellation for founders of small business start-ups in distressed areas under subsection (d). ``(b) Certification.-- ``(1) Application.--To be certified by the young entrepreneurs business center, a small business start-up shall submit an application to the Administrator that includes-- ``(A) a 5-year business plan for such small business start-up; and ``(B) the number of employees the small business start-up intends to employ on a yearly basis. ``(2) Requirements.--The young entrepreneurs business center may not certify a small business start-up unless such small business start-up, on the date the application is submitted under paragraph (1)-- ``(A) has a founder who is a recent graduate of a 4-year institution of higher education; ``(B) is a start-up for which at least 50 percent of the employees of the start-up are recent graduates of such an institution. ``(c) Distressed Area.-- ``(1) In general.--Not less than once every 3 years after the date of the enactment of this section, the young entrepreneurs business center shall identify and make publically available on the website of the Administration a list of distressed areas. ``(2) Requirements.--A distressed area identified under paragraph (1) shall be a county or equivalent division of local government of a State in which the small business concern is located that-- ``(A) has, for the most recent 24-month period for which statistics are available-- ``(i) a per capita income of 80 percent or less of the national average; or ``(ii) an unemployment rate that is 1 percent greater than the national average; and ``(B) the young entrepreneurs business center determines would economically benefit from having small business start-ups established in such area. ``(d) Loan Cancellation for Founders of a Small Business Start-Up in a Distressed Area.--For purposes of loan cancellation under subsection (r)(1) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) the young entrepreneurs business center shall approve a founder of a small business start-up in a distressed area if such founder-- ``(1) established a small business start-up that-- ``(A) on the date such small business start-up was established, was located in a distressed area identified by the young entrepreneurs business center under subsection (c) not more than 3 years before such date of establishment; ``(B) was certified under subsection (b); and ``(C) on the date of approval under this subsection, has been operating continuously for not less than 5 years; and ``(2) was employed as a founder of a small business start- up in a distressed area during the period in which such founder made the 24 payments described in subsection (r)(1)(A) of such section 455. ``(e) Definitions.--In this section: ``(1) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 102 of the Higher Education Act (20 U.S.C. 1002). ``(2) Small business start-up.--The term `small business start-up' means a small business concern that-- ``(A) is not yet in existence; or ``(B) has been in existence for not more than 3 years.''. SEC. 5. TREATMENT OF LOAN CANCELLATION. (a) In General.--Section 108(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Cancellation of certain federal student loans.--In the case of an individual, gross income shall not include the discharge (in whole or in part) of any student loan pursuant to the cancellation (in whole or in part) of such loan by the Secretary of Education under subsection (r) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e).''. (b) Effective Date.--The amendment made by this section shall apply to discharges of indebtedness occurring after the date of the enactment of this Act.

Supporting America's Young Entrepreneurs Act of 2016 This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to make eligible for deferment and cancellation under the Federal Direct Loan program a borrower who is an employee or founder of a small business start-up in a distressed area. It also amends the Internal Revenue Code to exclude from an individual's gross income the amount of such canceled student loan debt. The bill establishes a Federal Direct Refinanced Private Loan program to refinance private education loans. Finally, it establishes a young entrepreneurs business center within the Small Business Administration to certify small business start-ups, identify distressed areas, and approve loan cancelation for founders of small business start-ups.

Supporting America's Young Entrepreneurs Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity in Public Education Act of 1996''. SEC. 2. FINDINGS. The Congress finds as follows: (1) It is the responsibility of the Federal Government to prevent illegal immigration by enforcing existing laws and enacting new laws and policies. (2) The Federal Government has, to date, failed to carry out this responsibility, resulting in a large and increasing number of illegal immigrants residing within the borders of the United States. (3) Under current law, the States are required to provide certain public benefits to their residents, including education benefits for all children residing within their jurisdictions, regardless of immigration status. (4) The costs of educating illegal aliens are therefore borne primarily by the States. (5) The citizens of States that have a disproportionate number of illegal immigrants therefore have borne a disproportionate share of such educational costs, which result from the failures of the Federal Government. (6) In the interest of equity, the Federal Government should reimburse the States for such educational costs. SEC. 3. REIMBURSEMENT OF STATES FOR CERTAIN EDUCATIONAL COSTS FOR ILLEGAL ALIEN STUDENTS. (a) Grants to States.--Subject to the availability of appropriations and the succeeding provisions of this section, from the amount appropriated under subsection (f), the Secretary of Education shall provide for payment to each eligible State (as defined in subsection (b)) for reimbursable costs (as defined in subsection (c)). (b) Eligible States.--In order for a State to be eligible for payment under this section, the State-- (1) shall be a State for which the Secretary of Commerce has made a determination with respect to any fiscal year under subsection (e); and (2) shall provide the Secretary of Education with assurances that-- (A) the State will cooperate with the Secretary of Commerce in carrying out such Secretary's duties under this Act; and (B) such payments shall be used only for the purpose of reimbursing local educational agencies for reimbursable costs. (c) Reimbursable Costs Defined.--For purposes of this Act, the term ``reimbursable costs'' means, with respect to a State, the incremental increase in costs incurred by local educational agencies in the State in providing a free public education (as mandated by Federal law) to eligible illegal alien students (as defined in subsection (d)(1)), as determined by the Secretary of Commerce under subsection (e). (d) Eligible Illegal Alien Students.--For purposes of this Act, the term ``eligible illegal alien student'' means an alien who is not lawfully present in the United States and is enrolled in a public elementary or secondary school of a local educational agency in a State as of the date of a determination made by the Secretary of Commerce under subsection (e)(2). (e) Amount of Payment.-- (1) In general.--The amount of payment to an eligible State for a fiscal year under this section is the product of-- (A) the average number last determined under paragraph (3)(A) for the State; and (B) the average incremental increase in expenditures last determined under paragraph (3)(B) for the State. (2) Commencement of determinations.-- (A) First group of states.--Before the beginning of fiscal year 1998, and before the beginning of every third fiscal year thereafter, the Secretary of Commerce shall make a determination under paragraph (3) for the States of California, Texas, and Florida. (B) Second and third groups of states.--Before the beginning of fiscal year 1999, and before the beginning of every third fiscal year thereafter, the Secretary of Commerce shall make a determination under paragraph (3) for at least \1/2\ of the States that are not described in subparagraph (A). Before the beginning of fiscal year 2000, and before the beginning of every third fiscal year thereafter, the Secretary of Commerce shall make a determination under paragraph (3) for each of the remaining States. To the maximum extent possible, the Secretary shall make an equal number of determinations under this subparagraph before fiscal year 1999 and before fiscal year 2000. (3) Determinations.--Pursuant to paragraph (2), the Secretary of Commerce shall determine for a State before the beginning of a fiscal year-- (A) the average number of eligible illegal alien students in the State for any school day during the school year ending during the fiscal year; and (B) the average incremental increase in per pupil expenditures for public education benefits in the State for such school year that is determined to be attributable to the enrollment of eligible illegal alien students in public elementary and secondary schools, as determined based on statistics of the National Center for Education Statistics relating to expenditure per pupil in average daily attendance in public elementary and secondary schools. (f) Authorization of Appropriations.--There are authorized to be appropriated for each fiscal year (beginning with fiscal year 1998) such sums as may be necessary to make grants under this section. (g) State Defined.--In this Act, the term ``State'' has the meaning given such term in section 101(a)(36) of the Immigration and Nationality Act.

Equity in Public Education Act of 1996 - Directs the Secretary of Education to make payments to eligible States to reimburse local educational agencies for specified costs of educating certain illegal alien students. Provides for such payments first to the States of California, Texas, and Florida. Provides for later payments to second and third groups of eligible States. Authorizes appropriations.

Equity in Public Education Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Security and Liberty Preservation Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The terrorist attacks of September 11, 2001, and the continuing threat of further attacks, are an assault on the safety and security of all Americans. (2) The threat of further acts of terrorism has necessitated an expansion of the authority of government to conduct surveillance and collect data. (3) While recognizing the need for additional security measures, Americans remain deeply committed to the individual dignity, liberty, and privacy rooted in United States history and protected by the Constitution of the United States. (4) Different investigative technologies and methods can achieve the same security goals in ways that have substantially different impacts on individual rights. (5) The government should conduct investigations and surveillance in a manner that fully addresses law enforcement and national security needs in the manner that best preserves the personal dignity, liberty, and privacy of individuals within the United States. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established the Commission on Enhancing Security and Preserving Freedom (in this Act referred to as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 17 members of whom-- (A) five shall be representatives of the Federal Government, including-- (i) the Attorney General, or the Attorney General's designee; (ii) the Secretary of the Treasury, or the Secretary's designee; (iii) the Secretary of Commerce, or the Secretary's designee; (iv) the Director of Central Intelligence, or the Director's designee; and (v) the Director of Homeland Security, or the Director's designee; (B) four shall be appointed by the Majority Leader of the Senate; (C) two shall be appointed by the Minority Leader of the Senate; (D) four shall be appointed by the Speaker of the House of Representatives; and (E) two shall be appointed by the Minority Leader of the House of Representatives. (2) Limitation on designees.--An individual may not be designated for membership on the Commission under paragraph (1)(A) unless the individual holds a position in the United States Government by appointment of the President, by and with the advice and consent of the Senate. (3) Appointments by congressional leadership.-- (A) Requirements.--Of the individuals appointed under subparagraphs (B) through (E) of paragraph (1)-- (i) at least one shall be an officer or employee of a State law enforcement agency; and (ii) at least one shall be an officer or employee of a local law enforcement agency. (B) Limitation.--No individual may be appointed under subparagraphs (B) through (E) of paragraph (1) if the individual is an officer or employee of the Federal Government or an active member of the uniformed services. (C) Sense of congress.--It is the sense of Congress that in making appointments to the Commission under subparagraphs (B) through (E) of paragraph (1) the Members of Congress referred to in such subparagraphs should seek to appoint individuals with varying viewpoints on and areas of expertise in the matters to be covered by the Commission, including individuals from the technology industry, non-profit entities, and academia. (c) Period of Appointment; Vacancies.--Members of the Commission shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Security Clearances.-- (1) In general.--Each individual appointed to the Commission under subparagraphs (B) through (E) of subsection (d)(1) shall possess a security clearance appropriate for the work of the Commission under this Act. (2) Failure to secure clearance.-- (A) Initial appointments.--If an individual initially appointed under subparagraphs (B) through (E) of subsection (d)(1) without a security clearance does not secure a security clearance by the commencement of the work of the Commission, the appointment shall be deemed vacant. (B) Appointments to vacancies.--If an individual appointed to a vacancy in a position under subparagraphs (B) through (E) of subsection (d)(1) without a security clearance does not secure a security clearance within a reasonable period (as determined by the Commission), the appointment shall be deemed vacant. (3) Processing of clearances.--The Attorney General shall seek to ensure the timely processing of any applications for security clearances for purposes of this subsection. (e) Chairman.--The Commission shall select a Chairman from among its members. (f) Initial Meeting.--Not later than 30 days after the date on which nine members of the Commission have been appointed, the Commission shall hold its first meeting. (g) Meetings.--The Commission shall meet at the call of the Chairman. (h) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. SEC. 4. DUTIES OF COMMISSION. (a) Investigation.--The Commission shall conduct a thorough investigation of the following: (1) Standards for using, selecting, and operating investigative and surveillance technologies to meet law enforcement and national security needs in the manner that best preserves the personal dignity, liberty, and privacy of individuals within the United States. (2) The advisability of establishing within the Government one or more entities or procedures to ensure that the Government uses investigative and surveillance technologies to meet law enforcement and national security needs in the manner that best preserves the personal dignity, liberty, and privacy of individuals within the United States. (b) Report.-- (1) In general.--Not later than 18 months after the date of the initial meeting of the Commission, the Commission shall submit to the President and Congress a report which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. (2) Form of report.--The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (c) Investigative and Surveillance Technologies Defined.--In this section, the term ``investigative and surveillance technologies'' means technologies that may be used by the Federal Government, and by State and local governments, to monitor and collect information about individuals in the absence of reasonable, articulable suspicion of criminal activity, including-- (1) Internet surveillance technologies; (2) data mining technologies; (3) surveillance camera technologies; (4) x-ray body scan technologies; (5) biometric technologies; and (6) other technologies identified by the Commission for purposes of this Act. SEC. 5. POWERS OF COMMISSION. (a) Hearings.-- (1) In general.--The Commission or, at its direction, any subcommittee or member of the Commission, may, for the purpose of carrying out this Act-- (A) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (B) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, documents, tapes, and materials, as the Commission or such subcommittee or member considers advisable. (2) Public meetings.--To the maximum extent practicable, the meetings of the Commission shall be open to the public. (3) Closed meetings.-- (A) In general.--Meetings of the Commission may be closed to the public under section 10(d) of the Federal Advisory Committee Act (5 U.S.C. App.) or other applicable law. (B) Additional authority.--In addition to the authority under subparagraph (A), paragraphs (1) and (3) of section 10(a) of the Federal Advisory Committee Act shall not apply to any portion of a Commission meeting if the President determines that such portion or portions of that meeting is likely to disclose matters that could endanger national security. If the President makes such determination, the requirements relating to a determination under section 10(d) of that Act shall apply. (4) Public summary of closed proceedings.--Whenever practicable, the Commission shall maintain and make available for public inspection an unclassified summary of any classified information considered by the Commission and of any classified meeting or proceeding conducted by the Commission. (b) Issuance and Enforcement of Subpoenas.-- (1) Issuance.--Subpoenas issued under subsection (a) shall bear the signature of the Chairman of the Commission and shall be served by any person or class of persons designated by the Chairman for that purpose. (2) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of court. (c) Witness Allowances and Fees.--Section 1821 of title 28, United States Code, shall apply to witnesses requested or subpoenaed to appear at any hearing of the Commission. The per diem and mileage allowances for witnesses shall be paid from funds available to pay the expenses of the Commission. (d) Procedures.--The Commission may adopt procedures for the work of the Commission under this Act. Any portion of such procedures relating to the treatment of confidential or classified information shall not go into effect until jointly approved by the Attorney General and the Director of Central Intelligence. (e) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (f) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (g) 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.--Members of the Commission shall serve without compensation for their service as members of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairman 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 classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (3) Security clearances.--The executive director and any other personnel of the Commission shall possess security clearances appropriate for the work of the Commission. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 7. TERMINATION OF COMMISSION. The Commission shall terminate 60 days after the date on which the Commission submits its report under section 4(b). SEC. 8. FUNDING. (a) Authorization of Appropriations.--There are authorized to be appropriated for each of fiscal years 2003, 2004, and 2005 such sums as may be necessary for the Commission to carry out this Act in such fiscal year. (b) Transfer of Funds.--If no funds are appropriated to the Commission by the end of the session of Congress ending in a fiscal year specified in subsection (a), the Secretary of Commerce shall, from amounts appropriated or otherwise available to the Secretary for such fiscal year, transfer to the Commission an amount necessary to permit the Commission to carry out this Act in such fiscal year. (c) Availability.--Any amounts appropriated to the Commission under subsection (a), or transferred to the Commission under subsection (b), shall remain available, without fiscal year limitation, until expended.

Security and Liberty Preservation Act - Establishes the Commission on Enhancing Security and Preserving Freedom to conduct a thorough investigation of: (1) standards for using, selecting, and operating investigative and surveillance technologies to meet law enforcement and national security needs in the manner that best preserves the personal dignity, liberty, and privacy of individuals within the United States; and (2) the advisability of establishing Government entities or procedures to ensure that the Government complies with such standards.

A bill to establish a commission to evaluate investigative and surveillance technologies to meet law enforcement and national security needs in the manner that best preserves the personal dignity, liberty, and privacy of individuals within the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restore Opportunity, Strengthen, and Improve the Economy Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress of the United States finds the following: (1) The disappearance of good jobs, the shrinking of the middle class, and growing income inequality are the greatest domestic challenges confronting the Nation. (2) The United States Government is the largest purchaser of goods and services in the Nation's private-sector economy, spending over $1.5 trillion dollars annually at firms that employ a quarter of American workers. (3)(A) Federal purchasing power is currently creating millions of poverty-level jobs, subsidizing labor law-breakers, and funding ballooning executive compensation. (B) The Federal Government is the Nation's leading creator of low-wage jobs in the private sector, funding more than 2,000,000 jobs paying under $12 per hour. (C) The Federal Government awards taxpayer dollars to a substantial number of firms that violate Federal labor, employment, and occupational safety laws. (D) Federal Government purchasing subsidizes the excessive salaries of private-sector executives who do business with the American people. (4) When Federal purchasing power is used in such a manner, workers have less to spend on the necessities of life and are forced to rely on public assistance. Lack of working purchasing power hurts job creation and undermines economic growth, ultimately imposing significant costs on American taxpayers. (5)(A) Federal purchasing power should be used to create good jobs, rebuild the middle class, and curb rising income inequality. (B) Federal purchasing power should be used to create good jobs for America. Good jobs allow workers and their families to live in dignity without relying on public assistance or private charity. Good jobs pay enough to provide for subsistence, health care, education, housing, and savings, as well as enough disposable income to allow workers to enjoy quality time off with their loved ones. (C) Federal purchasing power should be used to rebuild the middle class. A strong middle class stimulates the economy by increasing consumer spending and job growth. (D) Federal purchasing power should be used to narrow the growing gulf between the richest one percent of the population and ordinary working families that is threatening the survival of participatory democracy. (b) Purposes.--The purposes of this Act are the following: (1) To use Federal purchasing power to incentivize private- sector firms. (2) To create good jobs for America's workers. (3) To rebuild America's middle class. (4) To address America's crisis of income inequality. (5) To invigorate the economy by increasing the purchasing power of working Americans. SEC. 3. GOOD JOBS MODEL EMPLOYER STANDARDS. For purposes of this Act, a Good Jobs Model Employer is one which meets the following standards: (1) Respects employees' rights to bargain collectively with their employers without being forced to take strike action to win better wages and working conditions. (2) Offers to each employee living wages, decent benefits including health care, paid leave for sickness and caregiving, and fair work schedules that are predictable and stable. (3) Affirmatively demonstrates an exemplary standard of compliance with workplace protection laws, including laws governing labor relations, wages and hours, and health and safety, as well as other applicable labor laws. (4) Limits executive compensation to 50 times the median salary paid to the company's workers. (5) Employs a workforce not less than 35 percent of which reside within one or more Historically Underutilized Business Zones. (6) Subcontracts only with other Good Jobs Model Employers. SEC. 4. APPLICATION TO FEDERAL CONTRACTS AND ASSISTANCE. (a) Eligibility for Award of Procurement Contracts.--In the award of a contract for the acquisition of supplies or services, an executive agency may not award the contract to a source that is not a Good Jobs Model Employer, unless there is no offer from a source that is a Good Jobs Model Employer. (b) Eligibility for Award of Financial and Nonfinancial Assistance.--An executive agency may not provide other forms of financial or nonfinancial assistance to entities that are not model employers when there is a similarly situated Good Jobs Model Employer that could receive the assistance, unless doing so would substantially undermine the value of the assistance to the public good. (c) Incorporation Into Future Federal Contracts and Assistance Agreements.--Beginning on January 1, 2015, executive agencies shall incorporate into each new contract, contract-like instrument, or assistance agreement a clause requiring the contractor or recipient to conduct itself as a Good Jobs Model Employer for the duration of the contract. (d) Exclusions.--None of the provisions of this section shall be interpreted to apply to-- (1) direct Federal statutory entitlements; (2) mandatory awards; (3) direct awards to foreign governments or public international organizations; (4) benefits to an individual as a personal entitlement; or (5) Federal employment. SEC. 5. IMPLEMENTATION. (a) Good Jobs Model Employer Standards.--The Secretary of Labor shall promulgate regulations implementing the Good Jobs Model Employer Standards of section 3(a) so as to effect the policy and purposes of this Act within 180 days after the date of enactment of this Act. The Secretary of Labor shall amend these regulations as necessary so that they continue to effect the policy and purposes of this Act. (b) Procurement Policy.--The Administrator of General Services, the Secretary of Defense, and the Administrator of the National Aeronautics and Space Administration, in coordination with the Office of Federal Procurement Policy, shall amend the Federal Acquisition Regulation within 180 days after the date of enactment of this Act to effect the policy and purposes of this Act, and subsequently as necessary to continue to effect the policy and purposes of this Act. (c) Debarment or Suspension.-- (1) An organization which acquires any form of financial or nonfinancial benefit or a contract from an executive agency through the operation of the procedure described in section 4 shall be placed on the Excluded Parties List enacted by Executive Orders 12549 and 12689 for a period of at least 2 years if it fails to remain a model employer for the duration of the benefit. (2) An organization which violates a Good Job Model Employer clause in a contract or agreement required by section 4(c) shall be placed on the Excluded Parties List enacted by Executive Orders 12549 and 12689 for a period of 3 years. (3) Parties which are suspended multiple times may be debarred permanently. SEC. 6. SEVERABILITY. If any provision of this Act, or applying such provision to any person or circumstance, is held to be invalid, the remainder of this Act and the application of the provisions of such to any person or circumstance shall not be affected thereby.

Restore Opportunity, Strengthen, and Improve the Economy Act - Prohibits an executive agency from awarding a contract for the acquisition of supplies or services to a source that is not a Good Jobs Model Employer, unless there is no offer from such an employer. Defines a "Good Jobs Model Employer" as one that: respects employees' rights to bargain collectively with their employers without being forced to take strike action to win better wages and working conditions; offers to each employee living wages, decent benefits including health care, paid leave for sickness and caregiving, and fair work schedules that are predictable and stable; affirmatively demonstrates an exemplary standard of compliance with workplace protection laws, including laws governing labor relations, wages and hours, and health and safety, as well as other applicable labor laws; limits executive compensation to 50 times the median salary paid to the company's workers; employs a workforce not less than 35% of which reside within one or more Historically Underutilized Business Zones; and subcontracts only with other Good Jobs Model Employers. Prohibits an executive agency from providing other forms of assistance to entities that are not model employers when there is a similarly situated Good Jobs Model Employer that could receive the assistance, unless doing so would substantially undermine the value of the assistance to the public good. Requires executive agencies to incorporate into each new contract or assistance agreement a clause requiring the contractor or recipient to conduct itself as a Good Jobs Model Employer for the duration of the contract. Provides for the suspension of a contractor or assistance recipient that fails to do so and for debarment for multiple violations. Requires: (1) the Secretary of Labor to promulgate regulations implementing such Good Jobs Model Employer standards, and (2) specified officials to amend the Federal Acquisition Regulation to effect the policy and purposes of this Act.

Restore Opportunity, Strengthen, and Improve the Economy Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom from Equifax Exploitation Act''. SEC. 2. DEFINITION OF CREDIT FREEZE. Section 603(q) of the Fair Credit Reporting Act (15 U.S.C. 1681a(q)) is amended by adding at the end the following: ``(6) Credit freeze.-- ``(A) In general.--The term `credit freeze' means a restriction placed at the request of a consumer or a personal representative of the consumer, on the consumer report of the consumer, that prohibits a consumer reporting agency from releasing the consumer report for a purpose relating to the extension of credit without the express authorization of the consumer. ``(B) Exception.--A credit freeze shall not apply to the use of a consumer report by any of the following: ``(i) A person, or the subsidiary, affiliate, agent, subcontractor, or assignee of the person, with whom the consumer has, or prior to assignment had, an account, contract, or debtor-creditor relationship for the purposes of reviewing the active account or collecting the financial obligation owed on the account, contract, or debt. ``(ii) A person, or the subsidiary, affiliate, agent, subcontractor, or assignee of the person, to whom access has been granted pursuant to a request by the consumer described under section 605A(i)(1)(B), for purposes of facilitating the extension of credit or other permissible use. ``(iii) Any person acting pursuant to a court order, warrant, or subpoena. ``(iv) A Federal, State, or local government, or an agent or assignee thereof. ``(v) Any person for the sole purpose of providing a credit monitoring or identity theft protection service to which the consumer has subscribed. ``(vi) Any person for the purpose of providing a consumer with a copy of the consumer report or credit score of the consumer upon request by the consumer. ``(vii) Any person or entity for insurance purposes, including use in setting or adjusting a rate, adjusting a claim, or underwriting. ``(viii) Any person acting pursuant to an authorization from a consumer to use their consumer report for employment purposes.''. SEC. 3. ENHANCEMENT OF FRAUD ALERT PROTECTIONS. Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c-1) is amended-- (1) in subsection (a)-- (A) in the subsection heading, by striking ``One- Call'' and inserting ``One-Year''; (B) in paragraph (1)-- (i) in the paragraph heading, by striking ``Initial alerts'' and inserting ``In general''; (ii) in the matter preceding subparagraph (A), by inserting ``or harmed by the unauthorized disclosure of the financial or personally identifiable information of the consumer,'' after ``identity theft,''; (iii) in subparagraph (A)-- (I) by striking ``90 days'' and inserting ``1 year''; and (II) by striking ``and'' at the end; (iv) in subparagraph (B)-- (I) by inserting ``1-year'' before ``fraud alert''; and (II) by striking the period at the end and inserting ``; and''; and (v) by adding at the end the following: ``(C) upon the expiration of the 1-year period described in subparagraph (A) or a subsequent 1-year period, and in response to a direct request by the consumer or such representative, continue the fraud alert for an additional period of 1 year if the information asserted in this paragraph remains applicable.''; and (C) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by inserting ``1-year'' before ``fraud alert''; and (ii) in subparagraph (B), by striking ``any request described in subparagraph (A)'' and inserting ``the consumer reporting agency includes the 1-year fraud alert in the file of the consumer''; (2) in subsection (b)-- (A) in the subsection heading, by striking ``Extended'' and inserting ``Seven-Year''; (B) in paragraph (1)-- (i) in subparagraph (B)-- (I) by striking ``5-year period beginning on the date of such request'' and inserting ``the 7-year period described in subparagraph (A)''; and (II) by striking ``and'' at the end; (ii) in subparagraph (C)-- (I) by striking ``extended'' and inserting ``7-year''; and (II) by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(D) upon the expiration of the 7-year period described in subparagraph (A) or a subsequent 7-year period, and in response to a direct request by the consumer or such representative, continue the fraud alert for an additional period of 7 years if the consumer or such representative submits an updated identity theft report.''; and (C) in paragraph (2), by amending subparagraph (A) to read as follows: ``(A) disclose to the consumer that the consumer may request a free copy of the file of the consumer pursuant to section 612(d) during each 12-month period beginning on the date on which the 7-year fraud alert was included in the file and ending on the date of the last day that the 7-year fraud alert applies to the file of the consumer; and''; (3) in subsection (c)-- (A) by redesignating paragraphs (1), (2), and (3), as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly; (B) in the matter preceding subparagraph (A), as so redesignated, by striking ``Upon the direct request'' and inserting the following: ``(1) In general.--Upon the direct request''; and (C) by adding at the end the following: ``(2) Access to free reports.--If a consumer reporting agency includes an active duty alert in the file of an active duty military consumer, the consumer reporting agency shall-- ``(A) disclose to the active duty military consumer that the active duty military consumer may request a free copy of the file of the active duty military consumer pursuant to section 612(d), during each 12- month period beginning on the date on which the activity duty military alert is requested and ending on the date of the last day that the active duty alert applies to the file of the active duty military consumer; and ``(B) not later than 3 business days after the date on which the active duty military consumer makes a request described in subparagraph (A), provide to the active duty military consumer all disclosures required to be made under section 609, without charge to the active duty military consumer.''; (4) by amending subsection (d) to read as follows: ``(d) Procedures.--Each consumer reporting agency described in section 603(p) shall establish and make available to the public on the Internet website of the consumer reporting agency policies and procedures to comply with this section, including policies and procedures-- ``(1) that inform consumers of the availability of 1-year fraud alerts, 7-year fraud alerts, active duty alerts, and credit freezes, as applicable; ``(2) that allow consumers to request 1-year fraud alerts, 7-year fraud alerts, and active duty alerts, as applicable, and to place, temporarily lift, or fully remove a credit freeze in a simple and easy manner; and ``(3) for asserting in good faith a suspicion that the consumer has been or is about to become a victim of identity theft, fraud, or a related crime, or harmed by the unauthorized disclosure of the financial or personally identifiable information of the consumer, for a consumer seeking a 1-year fraud alert or credit freeze.''; (5) in subsection (e), in the matter preceding paragraph (1), by inserting ``1-year or 7-year'' before ``fraud alert''; (6) in subsection (f), by striking ``or active duty alert'' and inserting ``active duty alert, or credit freeze, as applicable,''; (7) in subsection (g)-- (A) by inserting ``or has been harmed by the unauthorized disclosure of the financial or personally identifiable information of the consumer,'' after ``identity theft,''; and (B) by inserting ``or credit freezes'' after ``request alerts''; and (8) in subsection (h)-- (A) in paragraph (1)-- (i) in the paragraph heading, by striking ``initial'' and inserting ``1-year''; (ii) in subparagraph (A), by striking ``initial'' and inserting ``1-year''; and (iii) in subparagraph (B)(i), by striking ``an initial'' and inserting ``a 1-year''; and (B) in paragraph (2)-- (i) in the paragraph heading, by striking ``extended'' and inserting ``7-year''; (ii) in subparagraph (A), in the matter preceding clause (i), by striking ``extended'' and inserting ``7-year''; and (iii) in subparagraph (B), by striking ``an extended'' and inserting ``a 7-year''. SEC. 4. PROVIDING FREE ACCESS TO CREDIT FREEZES. Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c-1) is amended by adding at the end the following: ``(i) Credit Freezes.-- ``(1) In general.--Upon the direct request of a consumer, or an individual acting on behalf of or as a personal representative of a consumer, a consumer reporting agency that maintains a file on the consumer and has received appropriate proof of the identity of the requester (as described in section 1022.123 of title 12, Code of Federal Regulations, or any successor thereto) shall-- ``(A)(i) not later than 1 business day after receiving the request sent by postal mail, toll-free telephone, or secure electronic means as established by the agency, place a credit freeze on the file of the consumer; ``(ii) not later than 5 business days after placing a credit freeze described in clause (i), provide the consumer with written confirmation of the credit freeze and a unique personal identification number or password (other than the social security number of the consumer) for use to authorize the release of the file of the consumer for a specific period of time; and ``(iii) disclose all relevant information to the consumer relating to the procedures for temporarily lifting and fully removing a credit freeze, including a statement about the maximum amount of time given to an agency to conduct those actions; ``(B) if the consumer provides a correct personal identification number or password, temporarily lift an existing credit freeze from the file of the consumer for a period of time specified by the consumer for a specific user or category of users, as determined by the consumer-- ``(i) not later than 1 business day after receiving the request by postal mail; or ``(ii) not later than 15 minutes after receiving the request by toll-free telephone number or secure electronic means established by the agency, if the request is received during regular business hours, except if the ability of the consumer reporting agency to temporarily lift the credit freeze is prevented by-- ``(I) an act of God, including earthquakes, hurricanes, storms, or similar natural disaster or phenomenon, or fire; ``(II) unauthorized or illegal acts by a third party including terrorism, sabotage, riot, vandalism, labor strikes or disputes disrupting operations, or a similar occurrence; ``(III) an operational interruption, including electrical failure, unanticipated delay in equipment or replacement part delivery, computer hardware or software failures inhibiting response time, or a similar disruption; ``(IV) governmental action, including emergency orders or regulations, judicial or law enforcement action, or a similar directive; ``(V) regularly scheduled maintenance or updates to the systems of the consumer reporting agency occurring outside of normal business hours; or ``(VI) commercially reasonable maintenance of, or repair to, the systems of the consumer reporting agency that is unexpected or unscheduled; or ``(C) if the consumer provides a correct personal identification number or password, fully remove an existing credit freeze from the file of the consumer not later than 21 business days after receiving the request by postal mail, toll-free telephone, or secure electronic means established by the consumer reporting agency. ``(2) No fee.--A consumer reporting agency may not charge a consumer a fee to place, temporarily lift, or fully remove a credit freeze. ``(3) Exclusion from third-party lists.--During the period beginning on the date on which a consumer or a representative of the consumer requests to place a credit freeze and ending the date on which the consumer or representative requests to fully remove a credit freeze, a consumer reporting agency shall exclude the consumer from any list of consumers prepared by the consumer reporting agency and provided to any third party to offer credit or insurance to the consumer as part of a transaction that was not initiated by the consumer, unless the consumer or that representative requests that the exclusion be rescinded before end of the period.''. SEC. 5. ADDITIONAL FREE CONSUMER REPORT. Section 612 of the Fair Credit Reporting Act (15 U.S.C. 1681j) is amended-- (1) in subsection (f)(1), in the matter preceding subparagraph (A), by inserting ``or subsection (h)'' after ``through (d)''; and (2) by adding at the end the following: ``(h) Free Disclosures in Connection With Credit Freeze.--In addition to the free annual disclosure required under subsection (a)(1)(A), each consumer reporting agency that maintains a file on a consumer who requests a credit freeze under section 605A(i) shall make all disclosures pursuant to section 609 once during any 12-month period without charge to the consumer if the consumer makes a request under section 609.''. SEC. 6. REFUNDS. (a) Definitions.--In this section, the terms ``consumer'', ``consumer reporting agency'', and ``credit freeze'' have the meanings given those terms in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a), as amended by section 2. (b) Refunds.--With respect to any consumer who requested a credit freeze from a consumer reporting agency during the period beginning on September 7, 2017, and ending on the day before the date of enactment of this Act, the consumer reporting agency-- (1) shall issue a refund to the consumer for any fees charged to the consumer relating to the request for a credit freeze; and (2) may not impose a fee on the consumer to temporarily lift or fully remove the credit freeze.

Freedom from Equifax Exploitation Act This bill amends the Fair Credit Reporting Act to revise fraud alert provisions required of consumer reporting agencies. A fraud alert must be placed in a consumer's file upon request if the consumer suspects harm from an unauthorized disclosure. The time period for fraud alerts is extended from 90 days to 1 year. The bill also revises provisions relating to 7-year renewable fraud alerts in cases of identity theft. The bill establishes a credit freeze process. A consumer reporting agency must place a free credit freeze on the consumer's file upon a consumer's request, prohibiting a consumer reporting agency from releasing any credit information without the consumer's permission. Consumer reporting agencies must provide procedures for temporarily and permanently lifting the freeze at no charge to the consumer. Consumers are allowed a free credit report when requesting a credit freeze. While the file is subject to a freeze, a consumer reporting agency is prohibited from including the consumer in lists provided to third parties for credit or insurance offers. A consumer reporting agency must provide on the Internet policies and procedures for consumers to: (1) place, temporarily lift, or fully remove a credit freeze; and (2) make required statements for fraud alerts or credit freezes. The bill requires consumer reporting agencies to issue a refund of fees to any consumer who requested a credit freeze beginning September 7, 2017, through the day before enactment of this bill.

Freedom from Equifax Exploitation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Land Exchange Improvement Act of 1995''. SEC. 2. LANDS ELIGIBLE FOR APPROXIMATELY EQUAL VALUE TREATMENT. Section 206(h)(1)(A) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(h)(1)(A)) is amended by striking out ``$150,000'' and inserting in lieu thereof ``$500,000, adjusted annually on a fiscal year basis commencing in fiscal year 1997 by the average change over the previous fiscal year of the Consumer Price Index (all items--United States city average) published monthly by the Bureau of Labor Statistics''. SEC. 3. USE OF FUNDS. Section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) is amended-- (1) by inserting ``(1)'' after ``(b)''; and (2) by adding at the end the following: ``(2)(A) Amounts received by the Secretary concerned under paragraph (1) shall be deposited in a special fund in the Treasury of the United States, subject to subparagraph (B). Such amounts shall, subject to the availability of appropriations, be available to the Secretary concerned for processing land exchanges. ``(B) Amounts in the fund referred to in subparagraph (A) may not exceed $12,000,000 at any time. Amounts received by the Secretary concerned under this section which, but for this subparagraph, would be added to such fund shall instead be covered over into the Treasury of the United States as miscellaneous receipts.''. SEC. 4. EXCHANGE PROCESSING. Section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716), as amended by section 3, is further amended by adding at the end the following paragraph: ``(3)(A)(i) An environmental assessment shall be the document prepared for any exchange under this Act pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)). ``(ii) Any conferencing or consultation required for an exchange under this Act pursuant to section 7(a) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)) shall be completed within 45 days after the date on which the conferencing or consultation is initiated. ``(iii) After completion of an exchange under this Act, no action may be taken on the non-Federal land acquired in an exchange until the Secretary concerned has complied with section 102(2) of the National Environmental Policy Act of 1969 and section 7(a) of the Endangered Species Act of 1973 concerning such action, and any necessary amendment to the land management plan applicable to such land and such action. ``(B) The Secretary shall complete processing, and make a final decision, on any exchange under this Act within one year from the date of submission of the application for the exchange. ``(C) The non-Federal land to be included in any exchange under this Act shall be valued without the application of any Federal or State restriction concerning an environmental value or resource the protection of which is considered by the Secretary concerned as a public benefit to be obtained by the exchange.''. SEC. 5. MINOR BOUNDARY ADJUSTMENTS. Section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) is amended by adding at the end thereof the following: ``(j) Notwithstanding the other provisions of this Act and other applicable laws which require that exchanges of land or interests therein be for equal or approximately equal value, the Secretary concerned may dispose of lands by exchange to make such minor adjustments to the boundary of a unit of the public lands or the National Forest System as may be necessary to reflect actual conditions in the unit which are not of comparable character to the unit. In making such adjustments, the amount of land added to the unit may not exceed the amount of land removed from the unit.''. SEC. 6. REMOVAL ON RESTRICTION ON EXCHANGE OF OREGON AND CALIFORNIA RAILROAD GRANT LANDS ADMINISTERED BY THE SECRETARY OF AGRICULTURE. Subsection (a) of the first section of the Act entitled ``An Act relating to the administrative jurisdiction of certain public lands in the State of Oregon, and for other purposes'', approved June 24, 1954 (43 U.S.C. 1181g(a)), is amended by striking out the last sentence. SEC. 7. AMENDMENT TO SISK ACT RELATING TO PRIOR USE OF LANDS TO BE CONVEYED. The first section of the Act entitled ``An Act to facilitate exchanges of land under the Act of March 20, 1922(42 Stat. 465), for use for public schools, and for other purposes'', approved December 4, 1967 (16 U.S.C. 484a), is amended by striking out ``on the date of enactment of this sentence'' and inserting in lieu thereof ``for the five-year period ending on the date of conveyance''. SEC. 8. WAIVER OF PUBLIC USE REQUIREMENT FOR LANDS UNDER BANKHEAD-JONES FARM TENANT ACT. The Bankhead-Jones Farm Tenant Act is amended in section 32(c) (7 U.S.C. 1011(c)) by adding at the end the following: ``The Secretary may waive the requirements of this paragraph that lands be sold, exchanged, or granted only to public authorities and agencies and only on condition that the property is used for public purposes after the Secretary consults with the head of any other Federal agency that has a property interest in the lands, such as a federally-owned building or other improvements.''.

Federal Land Exchange Improvement Act of 1995 - Amends the Federal Land Policy and Management Act of 1976 to increase the value of public land available for "approximately equal value" exchanges out of Federal ownership. Requires: (1) funds received by the Secretary of Agriculture or the Secretary of the Interior to be deposited in a special land exchange Treasury fund, subject to a monetary ceiling (excess amounts to go into Treasury miscellaneous receipts); and (2) certain environmental and endangered species related activities as part of the exchange process. Exempts public or National Forest System lands minor boundary adjustment exchanges from equal value requirements. Amends Federal law to eliminate the exchange restriction on Oregon and California railroad grant lands. Amends Federal law to permit National Forest land exchanges for public school purposes only if the land was in use during the five-year period ending on the date of conveyance. (Current law permits exchange if in use as of January 12, 1983.) Amends the Bankhead-Jones Farm Tenant Act to waive the public use requirement for exchanges under such Act.

Federal Land Exchange Improvement Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Reserve Board Civil Rights Compliance Act of 1999''. SEC. 2. FINDINGS. The Congress finds the following: (1) The passage of the Civil Rights Act of 1964 was a milestone embodying a national policy of equal protection under the law regardless of race, color, religion, sex, or national origin. (2) Title VII of the Civil Rights Act of 1964 protects individuals against discrimination in the workplace. (3) Section 717 of title VII of such Act applies to all personnel actions affecting employees and applicants for employment in an ``executive agency''. (4) An ``executive agency'' is defined in section 105 of title 5, United States Code, to include an ``independent establishment'' in the executive branch. (5) The Board of Governors of the Federal Reserve System exercises extensive regulatory and enforcement authority as a Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act) with regard to State banks which are members of a Federal reserve bank, bank holding companies, and foreign bank operations in the United States under the Federal Reserve Act, the Bank Holding Company Act of 1956, the Banking Act of 1933, the International Banking Act of 1978, the Federal Deposit Insurance Act, and other Federal laws, including the authority to remove directors, officers, and employees from their positions in banks and bank holding companies, the authority to impose large civil money penalties, and the authority to order the divestiture of banks by bank holding companies. (6) The Supreme Court of the United States has stated in the case of Bowsher, Comptroller General of the United States v. Synar, Member of Congress, et al., 478 U.S. 714, 733 (1986), that ``[i]nterpreting a law enacted by Congress to implement the legislative mandate is the very essence of `execution' of the law'' and noted that the exercise of judgment concerning facts that affect the application of an Act is typically made by officers charged with executing a statute, ibid. (7) The activities of the Board of Governors of the Federal Reserve System clearly constitute ``execution of the law'' and the Board is, therefore, clearly and unambiguously an independent establishment in the executive branch (as such term is used in section 104 of title 5, United States Code). (8) The Equal Employment Opportunity Commission, which is responsible for enforcing compliance with title VII of the Civil Rights Act of 1964, has consistently and properly interpreted title VII as applying to the Board of Governors of the Federal Reserve System. (9) The United States Court of Appeals for the District of Columbia Circuit established, in the case of Hilliard v. Volcker, 659 F.2d 1125 (D.C. Cir. 1981), that the Board of Governors of the Federal Reserve System is an executive agency within the meaning of section 105 of title 5, United States Code, and section 717 of title VII of the Civil Rights Act of 1964. (10) The Board of Governors of the Federal Reserve System did not argue to the contrary while the case of Hilliard v. Volcker was before the United States Court of Appeals for the District of Columbia Circuit. (11) On October 17, 1994, a jury in the case Bennett v. Greenspan, C.A. No. 98-0813-RMU, (Dt. D.C.) found the Board of Governors of the Federal Reserve liable for racial discrimination, and retaliation, in violation of title VII of the Civil Rights Act of 1964. (12) The Board of Governors of the Federal Reserve System has repeatedly suggested in correspondence with the Congress that such Board is not an executive agency under section 105 of title 5, United States Code, and is therefore not covered by title VII of the Civil Rights Act of 1964. (13) The Board of Governors of the Federal Reserve System has acted inconsistently with current law in suggesting, despite-- (A) the unambiguous meaning of section 105 of title 5, United States Code, (B) the unambiguous language title VII of the Civil Rights Act of 1964, and (C) the clear applicability of title VII of the Civil Rights Act of 1964 to the Board of Governors of the Federal Reserve in several cases brought against the Board in the courts of the United States, that the Board is not covered by title VII of the Civil Rights Act of 1964. SEC. 3. REQUIRED POSTING OF NOTICES. The Board of Governors of the Federal Reserve System shall post and keep posted in conspicuous places upon its premises where such notices to employees and applicants for employment are customarily posted, and at such other places as the Equal Employment Opportunity Commission may determine, a notice to be prepared or approved by the Commission setting forth-- (1) excerpts from or summaries of the pertinent provisions of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), and (2) information pertinent to the rights and procedures applicable under such Acts to employees of, and applicants for employment by, the Board. SEC. 4. REPORT ON COMPLIANCE. Not later than 180 days after the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall submit a report, to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, describing in detail the actions taken by the Board to achieve compliance with section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16).

Federal Reserve Board Civil Rights Compliance Act of 1999 - Directs the Board of Governors of the Federal Reserve System to post at its premises a notice to be prepared or approved by the Equal Employment Opportunity Commission setting forth excerpts from or summaries of the pertinent provisions of title VII of the Civil Rights Act of 1964 and information pertinent to the rights and procedures applicable under such Act to Board employees and applicants. Requires the Board to report to the congressional banking committees on actions it has taken to achieve compliance with such Act.

Federal Reserve Board Civil Rights Compliance Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Tax Dodging Prevention Act''. SEC. 2. DEFERRAL OF ACTIVE INCOME OF CONTROLLED FOREIGN CORPORATIONS. Section 952 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Special Application of Subpart.-- ``(1) In general.--For taxable years beginning after December 31, 2013, notwithstanding any other provision of this subpart, the term `subpart F income' means, in the case of any controlled foreign corporation, the income of such corporation derived from any foreign country. ``(2) Applicable rules.--Rules similar to the rules under the last sentence of subsection (a) and subsection (d) shall apply to this subsection.''. SEC. 3. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO LARGE INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY TAXPAYERS. (a) In General.--Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: ``(n) Special Rules Relating to Large Integrated Oil Companies Which Are Dual Capacity Taxpayers.-- ``(1) General rule.--Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a large integrated oil company to a foreign country or possession of the United States for any period shall not be considered a tax-- ``(A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or ``(B) to the extent such amount exceeds the amount (determined in accordance with regulations) which-- ``(i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or ``(ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. ``(3) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. ``(B) Exceptions.--Such term shall not include a tax unless it has substantial application, by its terms and in practice, to-- ``(i) persons who are not dual capacity taxpayers, and ``(ii) persons who are citizens or residents of the foreign country or possession. ``(4) Large integrated oil company.--For purposes of this subsection, the term `large integrated oil company' means, with respect to any taxable year, an integrated oil company (as defined in section 291(b)(4)) which-- ``(A) had gross receipts in excess of $1,000,000,000 for such taxable year, and ``(B) has an average daily worldwide production of crude oil of at least 500,000 barrels for such taxable year.''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (2) Contrary treaty obligations upheld.--The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States. SEC. 4. REINSTITUTION OF PER COUNTRY FOREIGN TAX CREDIT. (a) In General.--Subsection (a) of section 904 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Limitation.--The amount of the credit in respect of the tax paid or accrued to any foreign country or possession of the United States shall not exceed the same proportion of the tax against which such credit is taken which the taxpayer's taxable income from sources within such country or possession (but not in excess of the taxpayer's entire taxable income) bears to such taxpayer's entire taxable income for the same taxable year.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2013. SEC. 5. TREATMENT OF FOREIGN CORPORATIONS MANAGED AND CONTROLLED IN THE UNITED STATES AS DOMESTIC CORPORATIONS. (a) In General.--Section 7701 of the Internal Revenue Code of 1986 is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: ``(p) Certain Corporations Managed and Controlled in the United States Treated as Domestic for Income Tax.-- ``(1) In general.--Notwithstanding subsection (a)(4), in the case of a corporation described in paragraph (2) if-- ``(A) the corporation would not otherwise be treated as a domestic corporation for purposes of this title, but ``(B) the management and control of the corporation occurs, directly or indirectly, primarily within the United States, then, solely for purposes of chapter 1 (and any other provision of this title relating to chapter 1), the corporation shall be treated as a domestic corporation. ``(2) Corporation described.-- ``(A) In general.--A corporation is described in this paragraph if-- ``(i) the stock of such corporation is regularly traded on an established securities market, or ``(ii) the aggregate gross assets of such corporation (or any predecessor thereof), including assets under management for investors, whether held directly or indirectly, at any time during the taxable year or any preceding taxable year is $50,000,000 or more. ``(B) General exception.--A corporation shall not be treated as described in this paragraph if-- ``(i) such corporation was treated as a corporation described in this paragraph in a preceding taxable year, ``(ii) such corporation-- ``(I) is not regularly traded on an established securities market, and ``(II) has, and is reasonably expected to continue to have, aggregate gross assets (including assets under management for investors, whether held directly or indirectly) of less than $50,000,000, and ``(iii) the Secretary grants a waiver to such corporation under this subparagraph. ``(C) Exception from gross assets test.-- Subparagraph (A)(ii) shall not apply to a corporation which is a controlled foreign corporation (as defined in section 957) and which is a member of an affiliated group (as defined section 1504, but determined without regard to section 1504(b)(3)) the common parent of which-- ``(i) is a domestic corporation (determined without regard to this subsection), and ``(ii) has substantial assets (other than cash and cash equivalents and other than stock of foreign subsidiaries) held for use in the active conduct of a trade or business in the United States. ``(3) Management and control.-- ``(A) In general.--The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of a corporation is to be treated as occurring primarily within the United States. ``(B) Executive officers and senior management.-- Such regulations shall provide that-- ``(i) the management and control of a corporation shall be treated as occurring primarily within the United States if substantially all of the executive officers and senior management of the corporation who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the corporation are located primarily within the United States, and ``(ii) individuals who are not executive officers and senior management of the corporation (including individuals who are officers or employees of other corporations in the same chain of corporations as the corporation) shall be treated as executive officers and senior management if such individuals exercise the day-to-day responsibilities of the corporation described in clause (i). ``(C) Corporations primarily holding investment assets.--Such regulations shall also provide that the management and control of a corporation shall be treated as occurring primarily within the United States if-- ``(i) the assets of such corporation (directly or indirectly) consist primarily of as sets being managed on behalf of investors, and ``(ii) decisions about how to invest the assets are made in the United States.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning on or after the date which is 2 years after the date of the enactment of this Act.

Corporate Tax Dodging Prevention Act - Amends the Internal Revenue Code, with respect to the taxation of the foreign-source income of domestic corporations, to: (1) eliminate the deferral of tax on the foreign-source income of U.S. corporations for taxable years beginning after December 31, 2013, (2) deny the foreign tax credit to large integrated oil companies that are dual capacity taxpayers, (3) limit the offset of the foreign tax credit to income that is subject to U.S. tax, and (4) treat foreign corporations managed and controlled in the United States as domestic corporations for U.S. tax purposes.

Corporate Tax Dodging Prevention Act

SECTION 1. LIMITATION ON INTEREST DEDUCTION ALLOWED CORPORATIONS. (a) In General.--Section 163 of the Internal Revenue Code of 1986 (relating to deduction for interest) is amended by redesignating subsection (k) as subsection (l) and by inserting after subsection (j) the following new subsection: ``(k) Limitation on Corporate Interest Payments.-- ``(1) In general.--Except as provided in paragraph (2), in the case of a corporation, the amount otherwise allowed as a deduction under this chapter for interest paid or accrued during the taxable year by such corporation shall be reduced by 20 percent. ``(2) Exception for certain corporations.-- ``(A) In general.--Paragraph (1) shall not apply for any taxable year to any corporation the earnings and profits of which for such taxable year (computed as of the close of the taxable year without diminution by reason of any dividend distributions made during such taxable year) do not exceed the lesser of-- ``(i) the corporation's tax liability under this chapter for such taxable year (determined after the application of paragraph (1)), or ``(ii) $100,000. ``(B) Controlled group.--For purposes of subparagraph (A), all component members of a controlled group (as defined in section 179(d)(7)) shall be treated as 1 corporation. ``(3) Exception for farming businesses.--Paragraph (1) shall not apply to any corporation substantially all of the assets of which are used in the active conduct of a farming business (as defined in section 448(d)(1)).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1993. SEC. 2. DIVIDEND PAID DEDUCTION. (a) General Rule.--Part VIII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to special deductions for corporations) is amended by striking the table of sections and section 241 and inserting the following: ``Subpart A. Dividend paid deduction. ``Subpart B. Dividend received deduction. ``Subpart C. Miscellaneous provisions. ``SEC. 230. ALLOWANCE OF SPECIAL DEDUCTIONS. ``In addition to the deductions provided in part VI (section 161 and following), there shall be allowed as deductions in computing taxable income the items specified in this part. ``Subpart A--Dividend Paid Deduction ``Sec. 231. Dividend paid deduction. ``Sec. 232. Qualified dividend account. ``Sec. 233. Ineligible corporations. ``Sec. 234. Special rules. ``SEC. 231. DIVIDEND PAID DEDUCTION. ``(a) Allowance of Deduction.--In the case of a corporation, there shall be allowed as a deduction an amount equal to 50 percent of the dividends paid by such corporation during the taxable year. ``(b) Limitation Based on Amount in Qualified Dividend Account.-- The amount of the dividends paid during any taxable year which may be taken into account under subsection (a) shall not exceed the amount in the corporation's qualified dividend account as of the close of such taxable year determined after the application of section 232(b)(1) for the taxable year but before the application of section 232(b)(2) for such taxable year. ``SEC. 232. QUALIFIED DIVIDEND ACCOUNT. ``(a) Establishment of Account.--Each corporation shall establish a qualified dividend account. The opening balance of such account shall be zero. ``(b) Adjustments to Accounts.--As of the close of each taxable year beginning after January 1, 1993, the qualified dividend account-- ``(1) shall be increased by the adjusted taxable income of the corporation for the taxable year, and ``(2) shall be reduced by the amount of the dividends paid by the corporation during the taxable year to the extent the amount so paid does not exceed the limitation of section 231(c). ``(c) Adjusted Taxable Income.--For purposes of this section-- ``(1) In general.--The term `adjusted taxable income' means taxable income adjusted as provided in this subsection. ``(2) Adjustment for certain qualifying dividends.--Taxable income shall be increased by the deduction allowed under section 243 with respect to that portion of any qualifying dividend (as defined in section 243(b)(1)) for which such deduction is determined at a rate of less than 100 percent. Similar rules shall apply in the case of dividends for which deductions are allowable under section 245(b). ``(3) Adjustment for tax credits.-- ``(A) In general.--Taxable income shall be reduced by the deduction equivalent of the tentative nonrefundable credits for the taxable year. ``(B) Deduction equivalent.--For purposes of subparagraph (A), the deduction equivalent of the tentative nonrefundable credits for any taxable year is the amount which (if allowed as a deduction for the taxable year) would reduce the tax liability (as defined in section 26(b)) for the taxable year by an amount equal to the tentative nonrefundable credits. ``(C) Tentative nonrefundable credits.--For purposes of this paragraph, the term `tentative nonrefundable credits' means the amount of the credits which would have been allowable under part IV of subchapter A of this chapter for the taxable year (other than the credit allowable under section 34) if no deduction were allowable under section 231. ``(4) Adjustment for corporate minimum tax.--If tax is imposed by section 55 on the corporation for any taxable year, taxable income for the succeeding taxable year shall be increased by an amount equal to \35/100\ of the amount of tax so imposed. ``(5) Dividend paid deduction not taken into account.-- Taxable income shall be determined without regard to the deduction allowed under section 231. ``SEC. 233. INELIGIBLE CORPORATIONS. ``(a) General Rule.--No deduction shall be allowed under section 231 with respect to any dividend paid by-- ``(1) a regulated investment company, ``(2) a real estate investment trust, ``(3) an S corporation, ``(4) any organization taxable under subchapter T of this chapter (relating to cooperative organizations), or ``(5) a FSC or DISC. ``(b) Foreign Corporations.--In the case of a foreign corporation-- ``(1) no deduction shall be allowed under section 231 for dividends paid by such corporation during any taxable year unless the corporation meets the requirements of section 245(a) for such taxable year, ``(2) only adjusted taxable income effectively connected with the conduct of a trade or business in the United States and attributable to the uninterrupted period referred to in section 245(a) shall be added to the qualified dividend account, and ``(3) any distribution shall be treated as made ratably out of income effectively connected with the conduct of a trade or business in the United States and other income. ``SEC. 234. SPECIAL RULES. ``(a) Certain Distributions Not Treated as Dividends.--For purposes of this subpart, the term `dividend' does not include-- ``(1) any distribution in redemption of stock, in liquidation, or in a reorganization (whether or not such distribution is treated as a distribution to which section 301 applies), and ``(2) any dividend described in section 244 (relating to dividends received on certain preferred stock). ``(b) Deduction Not Taken Into Account for Purposes of Certain Limitations Based on Taxable Income.--For purposes of sections 246(c), 613, 613A, and 593, taxable income shall be determined without regard to the deduction allowed under section 231. ``(c) Treatment of Dividends Received by 5-Percent Tax-Exempt Shareholders.-- ``(1) In general.--For purposes of part III of subchapter F (relating to taxation of unrelated business income of certain exempt organizations), any dividend received by a tax-exempt organization from a corporation in which such organization is a 5-percent shareholder shall be treated as unrelated business taxable income to the extent of the amount of the deduction allowable under section 231 to such corporation with respect to such dividend. Except as provided in regulations, the amount of such deduction shall be determined on the basis of the return filed by the corporation for the taxable year. ``(2) Definitions.--For purposes of this subsection-- ``(A) 5-percent shareholder.--The term `5-percent shareholder' means any tax-exempt organization which owns (or is considered as owning within the meaning of section 318)-- ``(i) 5 percent or more (by value) of the outstanding stock of the corporation, or ``(ii) stock possessing 5 percent or more of the total combined voting power of all stock of the corporation. ``(B) Tax-exempt organization.--The term `tax- exempt organization' means any organization which is exempt from the tax imposed by this chapter. ``(C) Related entities.--A tax-exempt organization and 1 or more other tax-exempt organizations which have-- ``(i) significant common purposes and substantial common membership, or ``(ii) directly or indirectly substantial common direction or control, shall be treated as 1 tax-exempt organization for purposes of this paragraph. ``(d) Treatment of Subsequent Adjustments.--If there is any adjustment which affects the amount of the adjusted taxable income of a corporation for any taxable year (whether by reason of any carryback to such taxable year or otherwise) for purposes of this subpart and subpart B, the amount of such adjustment shall be treated as made as of the close of such taxable year. ``(e) Allocation of Qualified Dividend Account in Corporate Separations, Reorganizations, and Redemptions.--Adjustments similar to the adjustments provided in subsection (h) or (n)(7) of section 312 shall be made to the qualified dividend account in the case of a transaction described in either of such subsections. ``(f) Mutual Life Insurance Companies.-- ``(1) General rule.--In the case of a mutual life insurance company, for purposes of this subpart, 80 percent of the differential earnings amount (as defined in section 809(a)(3)) shall be treated as a dividend paid to a shareholder. ``(2) Regulations.--The Secretary may prescribe regulations applying rules consistent with this subpart to mutual life insurance companies. Such regulations may include rules treating an appropriate portion of the recomputed differential earnings amount (as defined in section 809(f)(3)) as an adjustment to the amount described in paragraph (1). ``Subpart B--Dividend Received Deduction ``Sec. 243. Dividends received by corporations. ``Sec. 244. Dividends received on certain preferred stock. ``Sec. 245. Dividends received from certain foreign corporations. ``Sec. 246. Rules applying to deductions for dividends received. ``Sec. 246A. Dividends received deduction reduced where portfolio stock is debt financed. ``Sec. 247. Dividends paid on certain preferred stock of public utilities.''. (b) Compensatory Withholding Tax on Dividends Paid to Nonresident Aliens or Foreign Corporations.-- (1) General rule.--Subpart D of part II of subchapter N of chapter 1 (relating to miscellaneous provisions) is amended by adding at the end thereof the following new section: ``SEC. 899. ADDITIONAL TAX ON DIVIDENDS TO REFLECT DIVIDEND PAID DEDUCTION. ``(a) General Rule.--In addition to any tax imposed by section 871 or 881, there is hereby imposed a tax equal to 30.4 percent of the dividends received from sources within the United States by a nonresident alien individual or foreign corporation. ``(b) Tax Not To Apply to Shareholder's Effectively Connected Items.--The tax imposed by this section shall not apply to any dividend to the extent such dividend is effectively connected with the conduct of a trade or business by the shareholder within the United States. ``(c) Corresponding Increase in Withholding Tax.--In the case of any dividend subject to tax under subsection (a), the tax imposed by section 1441 or 1442 (as the case may be) shall be increased by an amount equal to the applicable percentage of such dividend. ``(d) Exception for Certain Treaty Countries.--The tax imposed by subsection (a) shall not apply to any dividend paid to a resident or corporation of a foreign country during any period-- ``(1) in which an income tax treaty between such country and the United States is in effect, and ``(2) during which there is in effect a certification by the Secretary that-- ``(A) such income tax treaty has adequate provisions to prevent treaty shopping, and ``(B) if such foreign country imposes an income tax comparable to the tax imposed by this subtitle and grants relief from such tax to its residents, such country grants relief equivalent to that provided in section 231 with respect to dividends paid to United States persons. The requirements of paragraph (2) shall not apply to dividends paid before January 1, 1994.''. (2) Clerical amendment.--The table of sections for subpart D of part II of subchapter N of chapter 1 is amended by adding at the end thereof the following new item: ``Sec. 899. Additional tax on dividends to reflect dividend paid deduction.''. (c) Section 381 To Apply to Qualified Dividend Account.--Subsection (c) of section 381 (relating to items of the distributor or transferor corporation) is amended by adding at the end thereof the following new paragraph: ``(27) Qualified dividend account.--Under regulations prescribed by the Secretary, the acquiring corporation shall take into account (to the extent proper to carry out the purposes of this section and subpart A of part VIII of subchapter B of this chapter) the qualified dividend account of the distributor or transferor corporation.''. (d) Clerical Amendment.--Part VIII of subchapter B of chapter 1 is amended by inserting after section 247 the following: ``Subpart C--Miscellaneous Provisions ``Sec. 248. Organizational expenditures. ``Sec. 249. Limitation on deduction of bond premium on repurchase.''.

Amends the Internal Revenue Code to reduce the deduction for corporate interest payments by 20 percent. Excepts small corporations and farming businesses from such reduction. Allows corporations a deduction of 50 percent of the dividends paid during a taxable year. Limits such deduction to the amount in the qualified dividend account established by the corporation for the payment of such dividends. Prohibits the following corporations from using such deduction: (1) regulated investment companies; (2) real estate investment trusts; (3) an S corporation (certain small business corporations); (4) cooperative organizations; and (5) foreign sales corporations and domestic international sales corporations. Provides for an increase in the withholding tax on dividends paid to nonresident aliens or foreign corporations to reflect the dividend paid deduction. Requires, in the case of the acquisition of assets of a corporation by another corporation, that the acquiring corporation carryover the qualified dividend account.

A bill to amend the Internal Revenue Code of 1986 to limit the interest deduction allowed corporations and to allow a deduction for dividends paid by corporations.

SECTION 1. GRANT OF FEDERAL CHARTER TO THE NATIONAL ACADEMY OF INVENTORS. (a) Grant of Charter.--Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1503 the following new chapter: ``CHAPTER 1504--NATIONAL ACADEMY OF INVENTORS ``Sec. 150401. Findings ``Congress finds the following: ``(1) The majority of our Nation's basic research is done at our colleges and universities. ``(2) The National Academy of Inventors recognizes and encourages inventors who have a patent issued from the United States Patent and Trademark Office. ``(3) The National Academy of Inventors enhances the visibility of university and non-profit research institute technology and academic innovation. ``(4) The National Academy of Inventors encourages the disclosure of intellectual property. ``(5) The National Academy of Inventors educates and mentors innovative students. ``(6) The systematic application of organized knowledge and information can generate technology and produce creative solutions to existing problems. ``(7) Innovation, based on new inventions and technologies, has proven to be a key factor in the industrial and economic development of the world. ``(8) The National Academy of Inventors serves a valuable role in the translation of science and technology within the university and non-profit research institute community, and for the benefit of society. ``(9) Congress supports the mission of the National Academy of Inventors to encourage the translation of the inventions of its members to benefit society. ``Sec. 150402. Organization ``(a) Federal Charter.--The National Academy of Inventors, a not for profit organization that meets the requirements under section 501(c)(3) of the internal revenue code, and is organized under the laws of the State of Florida, is a federally chartered organization. ``(b) Expiration of Charter.--If the organization does not comply with the provisions of this chapter, the charter granted shall expire. ``Sec. 150403. Purposes ``The purposes of the organization are as provided in its bylaws and articles of incorporation. ``Sec. 150404. Governing body ``(a) Board of Directors.--The composition of the board of directors for the organization, and the responsibilities of the board are as provided in the articles of incorporation and bylaws of the organization. ``(b) Officers.--The positions of officers/executive committee members of the organization, and the election of the officers and executive committee members, are as provided in the articles of incorporation and bylaws. ``(c) Executive Committee.--The positions of executive committee members of the organization, and the election of executive committee members, are as provided in the articles of incorporation and bylaws. ``(d) Executive Advisory Board.--The composition of the executive advisory board for the organization, and the responsibilities of the executive advisory board are as provided in the articles of incorporation and bylaws of the organization. ``Sec. 150405. Powers ``The corporation has only those powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated. ``Sec. 150406. Restrictions ``(a) Stock and Dividends.--The corporation may not issue stock or declare or pay a dividend. ``(b) Distribution of Income or Assets.--No part of the income or assets of this Corporation will be distributed, to its Directors or Officers. However, the corporation may contract in due course of business with its Officers or Directors for services rendered to the extent permissible under the articles of incorporation, under law and under section 501(c)(3) of the United States Internal Revenue Code of 1986. ``(c) Loans.--The organization may not loan money to any of its directors or officers. ``(d) Corporate Status.--The organization shall maintain its status as a corporation incorporated under the laws of the State of Florida. ``Sec. 150407. Tax-exempt status required as a condition of charter ``If the corporation fails to maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986, the charter granted under this chapter shall terminate. ``Sec. 150408. Records ``The organization shall keep-- ``(1) correct and complete records of account; ``(2) minutes of the proceedings of the members, board of directors, and committees of the corporation having any of the authority of the board of directors of the corporation; and ``(3) at the principal office of the corporation, a record of the names and addresses of the members of the corporation entitled to vote on matters relating to the corporation. ``Sec. 150409. Liability for acts of officers and agents ``The organization is liable for any act of any officer or agent of the corporation acting within the scope of the authority of the corporation. ``Sec. 150410. Annual report ``The corporation shall transmit to Congress an annual report on the activities of the corporation during the preceding fiscal year. The report shall be submitted at the same time as the report of the audit required. The report may not be printed as a public document.''. (b) Clerical Amendment.--The table of chapters at the beginning of subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1503 the following new item: ``1504. National Academy of Inventors..............................150401''.

Grants a federal charter to the National Academy of Inventors.

To grant a Federal charter to the National Academy of Inventors.

SECTION 1. INCLUSION OF HAZARDOUS DUTY PAY AND DIVING PAY IN COMPUTATION OF MILITARY RETIRED PAY FOR MEMBERS OF THE ARMED FORCES WITH EXTENSIVE HAZARDOUS DUTY EXPERIENCE. (a) In General.--Chapter 71 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1415. Members with extensive hazardous duty experience: increase in retired pay ``(a) Increase in Retired Pay for Qualifying Members.--The retired pay of a member who performs qualifying hazardous duty and who retires on or after the date of the enactment of this section shall be increased by the amount determined under subsection (b). ``(b) Computation of Increase.--The amount of an increase in retired pay under this section shall be the sum of the following: ``(1) Hazardous duty special pay.--If the member received special pay under section 301 of title 37, the amount equal to the product of-- ``(A) the monthly amount of special pay under that section as in effect for the final month for which the member received that special pay; and ``(B) the fraction in which the numerator is the number of months for which the member received such special pay and the denominator is the total number of months for which the member received basic pay. ``(2) Diving duty special pay.--If the member received special pay under section 304 of title 37, the amount equal to the product of-- ``(A) the monthly amount of special pay under that section as in effect for the final months for which the member received that special pay; and ``(B) the fraction in which the numerator is the number of months for which the member received such special pay and the denominator is the total number of months for which the member received basic pay. ``(c) Qualifying Members.--A member shall be considered to have performed qualifying hazardous duty for purposes of this section if the member received special pay under section 301 of title 37 (relating to special pay for hazardous duty) or section 304 of title 37 (relating to special pay for diving duty), or both, for not less than 60 months (whether or not consecutive). ``(d) Treatment Under Other Provisions Relating to Retired Pay.--An amount by which retired pay is increased under this section shall not be considered to be retired pay for purposes of section 1408 of this title or for purposes of the Survivor Benefit Plan under subchapter II of chapter 73 of this title. ``(e) Retainer Pay.--In this section, the term `retired pay' includes retainer pay payable under section 6330 of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1415. Members with extensive hazardous duty experience: increase in retired pay.''. SEC. 2. COMPTROLLER GENERAL STUDY OF TAX CREDITS AND SMALL BUSINESS LOAN CHANGES TO ASSIST BUSINESSES THAT EMPLOY GUARD AND RESERVE MEMBERS. (a) Study Required.--The Comptroller General shall conduct a study to determine-- (1) whether members of the National Guard and Reserve comprise a disproportionately large portion of the employees of any size or type of business, including small business concerns; (2) the amount of Federal tax benefit that would be appropriate to compensate such a business for costs associated with employing members of National Guard and Reserve units and having such members called to active duty; and (3) whether changes can be made to the small business loan program, such as a targeted level of loans, reduced interest rates, and reduced paperwork burdens for loan applications, to assist small business concerns to deal with the costs associated with employing members of National Guard and Reserve units and having such members called to active duty. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study. The report shall include legislative proposals-- (1) to provide the recommended tax benefit identified in the study; and (2) to modify the small business loan program to assist small business concerns that employ members of National Guard and Reserve units. SEC. 3. SECRETARY OF DEFENSE REPORT ON EXPANSION OF JUNIOR ROTC AND SIMILAR MILITARY PROGRAMS FOR YOUNG PEOPLE. (a) Findings.--Congress finds that-- (1) the Junior Reserve Officers' Training Corps, the Civil Air Patrol, the Naval Sea Cadet Corps, and the Young Marines of the Marine Corps League provide significant benefits for the Armed Forces, including significant public relations benefits; and (2) there is substantial interest in expanding the scope of those programs. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report providing the Secretary's assessment of the feasibility and desirability of expanding the Junior Reserve Officers' Training Corps program of each of the military departments, the Civil Air Patrol, the Naval Sea Cadet Corps, and the Young Marines of the Marine Corps League. The report shall include such recommendations as the Secretary considers appropriate for expansion of those programs through an increase in the number of units or participants in those programs, increased funding for those programs, or such other means as the Secretary determines.

Includes hazardous duty pay and diving duty special pay received for at least 60 months as qualifying pay in the computation of military retired pay. Directs the Comptroller General to study the possibility of tax credits or small business loan incentives for businesses that employ National Guard and reserve personnel. Directs the Secretary of Defense to report to Congress on an assessment of the feasibility and desirability of expanding the Junior Reserve Officers' Training Corps (ROTC) program of each of the military departments, the Civil Air Patrol, the Naval Sea Cadet Corps, and the Young Marines of the Marine Corps League.

To amend title 10, United States Code, to provide for the inclusion of hazardous duty pay and diving pay in the computation of military retired pay for members of the Armed Forces with extensive hazardous duty experience, to require a Comptroller General study on the need for a tax credit for businesses that employ members of the National Guard and Reserve, and to require a report by the Secretary of Defense on the expansion of the Junior ROTC and similar military programs for young people.

SECTION 1. PROCEDURES ON DEFAULT OF HOUSING LOANS. (a) In General.--Paragraph (2) of section 3732(a) of title 38, United States Code, is amended to read as follows: ``(2)(A) Before suit or foreclosure the holder of the obligation shall notify the Secretary of the default. Before the holder carries out a liquidation sale of real property securing a defaulted loan, the Secretary within 60 days after notification of default may, at the Secretary's option, pay the holder of the obligation the unpaid balance of the obligation plus accrued interest and reimburse the holder for such advances, costs, and attorney fees as the Secretary finds were properly and reasonably incurred in connection with the default and receive an assignment of the loan and security. Nothing in this section shall preclude any forebearance for the benefit of the mortgagor as may be agreed upon by the parties to the loan and approved by the Secretary. ``(B) Within 10 days after receiving a notice of default pursuant to paragraph (1) of this subsection, the Secretary shall notify the mortgagor that the Secretary may purchase the loan from the holder. The notification shall specify-- ``(i) that if the Secretary purchases the loan, the Secretary-- ``(I) has the authority to modify the loan instruments by temporarily or permanently lowering the interest rate or by extending or reamortizing the loan; and ``(II) may grant forbearance of interest or principal or both for a period of not more than 12 months; ``(ii) that if the mortgagor wants the Secretary to purchase the loan, the mortgagor must submit a written request to the Secretary within 20 days of receipt of the Secretary's notification; and ``(iii) the consequences to the mortgagor if the Secretary purchases the loan. ``(C) Upon receiving a request from the mortgagor to purchase the loan pursuant to subparagraph (B) of this paragraph, the Secretary, for the purpose of avoiding foreclosure, may purchase the loan in accordance with subparagraph (A). The Secretary shall purchase the loan from the holder of the obligation if-- ``(i) the default was caused by circumstances beyond the control of the mortgagor and rendered the mortgagor temporarily unable to correct a mortgage delinquency and to resume full mortgage payments; and ``(ii) it is determined that-- ``(I) the holder is unwilling to grant further forbearance; ``(II) the mortgagor desires to retain and occupy the property; ``(III) the mortgagor has maintained the property in good condition or, if major repairs are required, such repairs are due to circumstances which were beyond the mortgagor's control; ``(IV) the estimated net value of the property exceeds the unguaranteed portion of the loan; and ``(V) there is a reasonable prospect that the mortgagor will be able to resume mortgage payments within 12 months after the Secretary purchases the loan. ``(D) The Secretary may provide assistance, under such terms and conditions as the Secretary may provide, to a mortgagor whose loan has been purchased under the provisions of subparagraph (C) of this paragraph by-- ``(i) modifying the loan instruments to lower the interest rate or to extend or to reamortize the loan; and ``(ii) granting forbearance of interest or principal or both for a period of not more than 12 months. ``(E) If the Secretary decides not to purchase the loan-- ``(i) the Secretary shall notify the mortgagor of the decision and its basis within 30 days after receiving a written request from the mortgagor asking the Secretary to purchase the loan pursuant to subparagraph (C) of this paragraph; and ``(ii) if the mortgagor is a veteran and used the veteran's entitlement under section 3702 to obtain the loan or substituted entitlement as described in section 3702(b)(2) to purchase real property securing a loan guaranteed under this chapter, notice under clause (i) shall include notice of the right of appeal. ``(F) The Secretary shall obtain and hold in safekeeping a quit claim deed from the mortgagor to the Secretary for the real property securing the loan after the loan is purchased from the loan holder and before the Secretary makes any modification to the loan instruments or grants any forbearance. If the mortgagor brings the loan current and keeps the loan current for 12 consecutive months, the unrecorded quit claim deed shall be returned to the mortgagor. If, exclusive of any period of forbearance, the loan becomes 6 months delinquent, the Secretary may record the quit claim deed and acquire the property securing the loan without incurring substantial delays and foreclosure expenses. Nothing in this section shall preclude the Secretary from initiating foreclosure before the loan becomes 6 months delinquent if the Secretary believes it is in the best interest of the United States to do so. ``(G) For the purposes of sections 3720(e) and (h), loans purchased pursuant to subparagraph (C) that are not in default and that have not been in default for at least 12 consecutive months shall be included in pools of mortgage loans with respect to which certificates or other securities are issued or guaranteed.''. (b) Personnel.--Section 3732(a)(4) of title 38, United States Code, is amended-- (1) by striking out subparagraph (B); and (2) in paragraph (4) (as amended by paragraph (1) of this subsection), by striking out ``(A)''; (3) in paragraph (4) (as amended by paragraph (2) of this subsection)-- (A) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and (B) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively. (c) Extension of Procedure for Liquidation Sales.--Subsection (c) section 3732(c) of title 38, United States Code, is amended by striking out paragraph (11). (d) Effective Date.--The amendments made by subsection (a) shall apply to any housing loan guaranteed under chapter 37 of title 38, United States Code, with respect to which the Secretary of Veterans Affairs receives notice of default after the date of enactment of this Act.

Revises provisions with respect to the loan default procedure for veterans' housing loans guaranteed by the Department of Veterans Affairs. Authorizes the Secretary of Veterans Affairs to reimburse the holder of the loan obligation for such advances, costs, and attorney's fees properly and reasonably incurrred in connection with the default and to receive an assignment of the loan and security. Directs the Secretary to notify the mortgagor, within ten days after receiving a notice of default from the veteran, that the Secretary may purchase the loan from the holder. Outlines notification and loan purchase requirements. Directs the Secretary to obtain and hold a quitclaim deed from the mortgagor to the Secretary for the real property securing the loan after the loan is purchased from the loan holder and before the Secretary makes any modifications to the loan instruments or grants any forbearance. Allows such unrecorded quitclaim deed to be returned to the mortgagor if the mortgagor brings the loan current and keeps it current for 12 consecutive months. Makes permanent all such loan default procedures (currently terminated as of December 31, 1992).

To amend title 38, United States Code, to clarify the rights of veterans with regard to procedures for housing loans upon default, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Swan Creek Black River Confederated Ojibwa Tribes of Michigan Act''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``Tribe'' means the Swan Creek and Black River Confederated Ojibwa Tribes of Michigan; (2) the term ``member'' means an individual who is eligible for enrollment in the Tribe pursuant to section 4; and (3) the term ``Secretary'' means the Secretary of the Interior. SEC. 3. FINDINGS. The Congress finds the following: (1) The Tribe is the descendant of, and political successor to, the signatories of the 1785 Treaty of McIntosh (7 Stat. 16); the 1789 Treaty of Fort Harmar (7 Stat. 28); the 1795 Treaty of Greenville (7 Stat. 49); the 1805 Treaty with the Wyandot (7 Stat. 87); the 1807 Treaty of Detroit (7 Stat. 105); the 1808 Treaty of Detroit (7 Stat. 112); the Treaty of 1815 (7 Stat. 131); the Treaty of 1816 (7 Stat. 146); the Treaty of 1817 (7 Stat. 160); the Treaty of 1833 (7 Stat. 431); the 1836 Treaty of Washington (7 Stat. 503); the 1855 Treaty of Detroit (11 Stat. 633); and the Treaty of 1864 (14 Stat. 657). (2) The aboriginal lands of the Tribe comprise the area which is now known as Monroe, Shiawassee, Lenawee, Wayne, Oakland, Macomb, St. Clair, Lapeer, Sanilac, Livingston, Washtenaw, Genesee, and Tuscola Counties in southeastern lower Michigan. The boundaries of the Tribe's aboriginal lands extend from Monroe County in the Southeast, to Sanilac County in the North, to Genesee County in the West. (3) The cession treaties, from the 1807 Treaty of Detroit through the 1836 Treaty of Washington, legitimated seizure of tribal lands by settlers, forced the Tribe to relinquish most of its rich aboriginal lands in southeastern Michigan, relegating the Tribe to small tracts of land in Macomb, Wayne, Washtenaw, and St. Clair counties in Michigan, and its members to small annuity payments by the United States. (4) The 1836 Treaty of Washington compelled the Tribe to relinquish the small tracts of land granted in the 1807 Treaty of Detroit, purportedly in exchange for future annuity payments and an equivalent amount of land in Kansas. The 1807 treaty did not require the Tribe to relocate to the lands in Kansas and only 51 members actually did so. According to the 1845 United States Richmond census documents, the majority of the Tribe migrated north to Lapeer County, Michigan or remained in the counties of Macomb, Wayne, Washtenaw, and St. Clair. (5) Pursuant to the 1855 Treaty of Detroit, members of the Tribe were requested to relocate from their homes in Lapeer, Macomb, Wayne, Washtenaw, and St. Clair counties in Michigan to non-aboriginal lands further north in Isabella County, Michigan, where tribal members were entitled to individual land allotments. Many members remained in Lapeer, Macomb, Wayne, Washtenaw, and St. Clair counties. For the administrative convenience of the Federal Government, the 1855 Treaty of Detroit also relocated the Saginaw Band of Chippewa Indians, including some Potowatomis and Ottawas to the newly-established reservation lands in Isabella County. Article 6 of that treaty also provided that the organization of the Tribe and of the Saginaw Band of Chippewa Indians was dissolved, ``except so far as may be necessary for the purpose of carrying into effect'' the provisions of the treaty. (6) Another 1855 Treaty of Detroit (11 Stat. 624) similarly grouped different bands of Ottawa and Chippewa Indians for administrative convenience. Article 5 of that treaty provided for dissolution of the organization of these bands except so far as may be necessary for the purpose of carrying into effect the provisions of that treaty. Subsequent judicial interpretation of that article determined that its intent was to dissolve the Federal Government's fictional coupling of these tribes, not to destroy their independent sovereign existence. Public Law 103-324 confirmed this interpretation by reaffirming the Federal recognition of the Little River Band of Ottawa Indians as a tribe separate and distinct from the Chippewa Indians. (7) The Treaty of 1864 confirmed continued Federal acknowledgement of the Tribe by specifically naming the Swan Creek and Black River Chippewas in that treaty's preamble. (8) Over time and without justification, the Federal Government unilaterally withdrew from the Federal relationship established with the Tribe through the aforementioned treaties. The Tribe brought suit against the Federal Government for amounts past due under the treaties. In 1910 and 1924, the Congress enacted jurisdictional acts (36 Stat. 829 and 43 Stat. 137, respectively) to enable the Tribe and the Saginaw Band of Chippewa to file their respective claims against the United States. These claims, filed in 1927, were later incorporated into Indian Claims Commission Dockets 57, 59, and 13-E, and United Claims Court Docket 13-F. (9) Beginning in 1935, the Tribe petitioned for reorganization and assistance pursuant to the Act of June 18, 1934 (25 U.S.C. 461 et seq., commonly referred to as the ``Indian Reorganization Act''). Due to misinterpretation of Article 6 of the 1855 Treaty of Detroit, the Commissioner of Indian Affairs concluded that the Tribe could not organize separately from the Saginaw Band of Chippewa Indians. Due to the lack of funding available for tribal land acquisition, the Swan Creek Black River Ojibwa Bands were unable to purchase their own reservation lands. (10) In 1939, agents of the Federal Government made an administrative decision not to provide services or extend the benefits of the Indian Reorganization Act to any additional Indian tribes located in Michigan's lower peninsula, as recognized by the 1807 Treaty of Detroit (7 Stat. 105), the 1819 Treaty of Saginaw (7 Stat. 203), the March 28, 1836 Treaty of Washington (7 Stat. 491), and the May 9, 1836 Treaty of Washington (7 Stat. 503). (11) In 1986, Congress enacted Public Law 99-346 (100 Stat. 674) to distribute judgment funds awarded in settlement of the claims brought by the Tribe and the Saginaw Band in Dockets 57, 59, 13-E, and 13-F in a nondiscriminatory manner to the claimants and their descendants. This Act, like the jurisdictional Acts of 1910 and 1924, contained no clear and unambiguous intent to terminate the Federal relationship with the Tribe. To the contrary, these Acts acknowledged that the Tribe possessed collective sovereign rights in tribal lands and funds, a primary criterion for Federal recognition. (12) Despite administrative denials of requests by the Tribe to organize its own federally recognized tribal government, the Tribe continued to carry out its governmental functions through various formal and informal political and social structures, including a Tribal Council. Between 1937 and 1991, the Tribe conducted many of its government functions through associations organized by Swan Creek members, including the Saginaw Rural and Urban Indian Association. In 1991, the Tribe chartered a State-sanctioned, non-profit tribal government and agreed to seek Federal recognition of its confederation of Swan Creek and Black River Ojibwa Bands as a distinct tribe. (13) Other tribes in Michigan, whose members are descendants of the signatories to one or more of the treaties listed in paragraph (1) have been recognized by the Federal Government as distinct Indian tribes, including the Pokagon Band of Potawatomi Indians, the Huron Potawatomi Band of Indians, the Grand Traverse Band of Ottawa and Chippewa Indians, the Sault St. Marie Tribe of Chippewa Indians, the Bay Mills Band of Chippewa Indians, the Saginaw Chippewa Tribe of Michigan, and the Little Traverse Bay Bands of Odawa Indians. (14) The Tribe has at least 300 eligible members who continue to reside close to what was recognized in the 1807 Treaty of Detroit as their ancestral homelands in southeastern lower Michigan. (15) The United States Government, the government of the State of Michigan, and local governments have had continuous dealings with the recognized political leaders of the Tribe since 1785. (16) In light of the treaty relations between the Tribe and the United States, the Tribe's recognition as a tribe in Acts of Congress, and Federal recognition of the Tribe's rights in tribal lands and funds, it is appropriate for Congress to reaffirm and clarify the Federal relationship of the Tribe in the same manner as Congress has reaffirmed Federal recognition of the Lac Vieux Desert Band of Lake Superior Chippewa Indians, the Pokagon Band of Potawatomi Indians, the Little Traverse Bay Bands of Odawa Indians, and the Little River Band of Ottawa Indians. SEC. 4. FEDERAL RECOGNITION. (a) Federal Recognition.--Federal recognition of the Swan Creek Black River Confederated Ojibwa Tribes of Michigan Indians is hereby affirmed. All laws and regulations of the United States of general application to Indians or nations, tribes, or bands of Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly referred to as the ``Indian Reorganization Act''), which are not inconsistent with any specific provision of this Act shall be applicable to the Tribe and its members. (b) Federal Services and Benefits.-- (1) In general.--The Tribe and its members shall be eligible, on and after the date of the enactment of this Act, for all future services and benefits furnished to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any member on or near any Indian reservation. (2) Service area.--For purposes of the delivery of Federal services to enrolled members of the Tribe, the Tribe's service area shall be deemed to be the area comprised of Monroe, Shiawassee, Lenawee, Wayne, Oakland, Macomb, St. Clair, Lapeer, Sanilac, Washtenaw, Genesee, and Tuscola Counties in southeastern lower Michigan. Such services shall be provided notwithstanding the establishment of a reservation for the Tribe after the date of enactment of this Act. Services may be provided to members outside the named service area unless prohibited by law or regulation. SEC. 5. REAFFIRMATION OF RIGHTS. (a) In General.--All rights and privileges of the Tribe, and the members thereof, which may have been abrogated or diminished before the date of enactment of this Act are hereby reaffirmed. (b) Existing Rights of Tribe.--Nothing in this Act shall be construed to diminish any right or privilege of the Tribe, or the members thereof, that existed prior to the date of enactment of this Act. Except as otherwise specifically provided in any other provision of this Act, nothing in this Act shall be construed as altering or affecting any legal or equitable claim the Tribe might have to enforce any right or privilege reserved by or granted to the Tribe which was wrongfully denied to or taken from the Tribe prior to the enactment of this Act. SEC. 6. TRIBAL LANDS. The Tribe's tribal lands shall consist of all real property, now or hereafter held by, or in trust for, the Tribe. The Secretary shall acquire real property for the benefit of the Tribe. Any such property shall be taken by the Secretary in the name of the United States in trust for the benefit of the Tribe and shall become part of the Tribe's reservation. All lands restored to the Tribe pursuant to this section, whether now or hereafter held, shall be within those lands previously ceded by the Tribe in the 1807 Treaty of Detroit (7 Stat. 105). SEC. 7. MEMBERSHIP. Not later than 18 months after the date of the enactment of this Act, the Tribe shall submit to the Secretary membership rolls consisting of all individuals eligible for membership in the Tribe. The qualifications for inclusion on the membership rolls of the Tribe shall be determined by the membership clause in the governing documents of the Tribe in consultation with the Secretary. Upon completion of the rolls, the Secretary shall immediately publish notice of such in the Federal Register. The Tribe shall ensure that such rolls are maintained and kept current. SEC. 8. CONSTITUTION AND GOVERNING BODY. (a) Constitution.-- (1) Adoption.--Not later than 24 months after the date of the enactment of this Act, the Secretary shall conduct, by secret ballot and in accordance with the provisions of section 16 of the Act of June 18, 1934 (25 U.S.C. 476), an election to adopt a constitution and bylaws for the Tribe. (2) Interim governing documents.--Until such time as a new constitution is adopted under paragraph (1), the governing documents in effect on the date of enactment of this Act shall be the interim governing documents for the Tribe. (b) Officials.-- (1) Election.--Not later than 6 months after the Tribe adopts a constitution and bylaws pursuant to subsection (a), the Secretary shall conduct elections by secret ballot for the purpose of electing officials for the Tribe as provided in the constitution. The election shall be conducted according to the procedures described in subsection (a) except to the extent that such procedures conflict with the constitution of the Tribe. (2) Interim government.--Until such time as the Tribe elects new officials pursuant to paragraph (1), the governing body of the Tribe shall be the governing body in place on the date of the enactment of this Act, or any new governing body selected under the election procedures specified in the interim governing documents of the Tribe. SEC. 9. JURISDICTION. The Tribe shall have jurisdiction to the full extent allowed by law over all lands taken into trust for the benefit of the Tribe by the Secretary. The Tribe shall exercise jurisdiction over all its members who reside within its service area, as specified in section 4(b)(2) in matters pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.) as if the members were residing upon a reservation as defined in that Act.

Swan Creek Black River Confederated Ojibwa Tribes of Michigan Act - Reaffirms Federal recognition of the Swan Creek Black River Confederated Ojibwa Tribes of Michigan Indians as a distinct Indian tribe. Provides for the Tribe's tribal lands to be taken by the Secretary of Interior in trust for the benefit of the Tribe. Directs the Secretary of the Interior to conduct by secret ballot an election to adopt a constitution and bylaws for the Tribe.

Swan Creek Black River Confederated Ojibwa Tribes of Michigan Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayers Right to Know Act''. SEC. 2. REQUIREMENTS RELATING TO ANNUAL REPORT ON COST OF, PERFORMANCE BY, AND AREAS FOR IMPROVEMENTS FOR GOVERNMENT PROGRAMS. (a) Requirement To Identify and Describe Programs.--Each fiscal year, for purposes of the report required by subsection (b), the head of each agency shall-- (1) identify and describe every program administered by the agency; (2) for each such program-- (A) determine the total administrative expenses of the program; (B) determine the expenditures for services for the program; (C) estimate the number of clients served by the program and beneficiaries who received assistance under the program (if applicable); and (D) estimate-- (i) the number of full-time employees who administer the program; and (ii) the number of full-time equivalents (whose salary is paid in part or full by the Federal Government through a grant or contract, a subaward of a grant or contract, a cooperative agreement, or another form of financial award or assistance) who assist in administering the program; and (3) identify programs within the Federal Government (whether inside or outside the agency) with duplicative or overlapping missions, services, and allowable uses of funds. (b) Relationship to Catalog of Domestic Assistance.--With respect to the requirements of subsections (a)(1) and (a)(2)(B), the head of an agency may use the same information provided in the catalog of domestic and international assistance programs in the case of any program that is a domestic or international assistance program. (c) Report.--Not later than February 1 of each fiscal year, the head of each agency shall publish on the official public website of the agency a report containing the following: (1) The information required under subsection (a) with respect to the preceding fiscal year. (2) The latest performance reviews (including the program performance reports required under section 1116 of title 31, United States Code) of each program of the agency identified under subsection (a)(1), including performance indicators, performance goals, output measures, and other specific metrics used to review the program and how the program performed on each. (3) For each program that makes payments, the latest improper payment rate of the program and the total estimated amount of improper payments, including fraudulent payments and overpayments. (4) The total amount of unspent and unobligated program funds held by the agency and grant recipients (not including individuals) stated as an amount-- (A) held as of the beginning of the fiscal year in which the report is submitted; and (B) held for five fiscal years or more. (5) Such recommendations as the head of the agency considers appropriate-- (A) to consolidate programs that are duplicative or overlapping; (B) to eliminate waste and inefficiency; and (C) to terminate lower priority, outdated, and unnecessary programs and initiatives. (d) Definitions.--In this Act: (1) Administrative expenses.--The term ``administrative costs'' has the meaning as determined by the Director of the Office of Management and Budget under section 504(b)(2) of Public Law 111-85 (31 U.S.C. 1105 note), except the term shall also include, for purposes of that section and this section, with respect to an agency-- (A) costs incurred by the agency as well as costs incurred by grantees, subgrantees, and other recipients of funds from a grant program or other program administered by the agency; and (B) expenses related to personnel salaries and benefits, property management, travel, program management, promotion, reviews and audits, case management, and communication about, promotion of, and outreach for programs and program activities administered by the agency. (2) Services.--The term ``services'' has the meaning provided by the Director of the Office of Management and Budget and shall be limited to only activities, assistance, and aid that provide a direct benefit to a recipient, such as the provision of medical care, assistance for housing or tuition, or financial support (including grants and loans). (3) Agency.--The term ``agency'' has the same meaning given that term in section 551(1) of title 5, United States Code, except that the term also includes offices in the legislative branch other than the Government Accountability Office. (4) Performance indicator, performance goal, output measure, program activity.--The terms ``performance indicator'', ``performance goal'', ``output measure'', and ``program activity'' have the meanings provided by section 1115 of title 31, United States Code. (5) Program.--The term ``program'' has the meaning provided by the Director of the Office of Management and Budget and shall include, with respect to an agency, any organized set of activities directed toward a common purpose or goal undertaken by the agency that includes services, projects, processes, or financial or other forms of assistance, including grants, contracts, cooperative agreements, compacts, loans, leases, technical support, consultation, or other guidance. SEC. 3. AMENDMENTS TO CATALOG OF FEDERAL DOMESTIC ASSISTANCE PROGRAMS. (a) Addition of International Assistance Programs.-- (1) In general.--Section 6101 of title 31, United States Code, is amended by adding at the end the following: ``(7) The term `international assistance' has the meaning provided by the Director of the Office of Management and Budget and shall include, with respect to an agency, assistance including grants, contracts, compacts, loans, leases, and other financial and technical support to-- ``(A) foreign nations; ``(B) international organizations; ``(C) services provided by programs administered by any agency outside of the territory of the United States; and ``(D) services funded by any agency provided in foreign nations or outside of the territory of the United States by non-governmental organizations and entities. ``(8) The term `assistance program' means each of the following: ``(A) A domestic assistance program. ``(B) An international assistance program.''. (2) Conforming amendments.-- (A) Section 6102 of title 31, Untied States Code, is amended-- (i) in subsection (a), in the matter preceding paragraph (1), by striking ``domestic'' both places it appears; and (ii) in subsection (b), by striking ``domestic''. (B) Section 6104 of such title is amended-- (i) in subsections (a) and (b), by inserting ``and international assistance'' after ``domestic assistance'' each place it appears; and (ii) in the section heading, by inserting ``and international'' after ``domestic''. (b) Additional Information Required To Be Included Catalog.-- Section 6104(b) of title 31, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(4) the information required in paragraphs (1) through (4) of subsection (b) of the Taxpayers Right to Know Act; ``(5) the budget function or functions applicable to each assistance program contained in the catalog; ``(6) with respect to each assistance program in the catalog, an electronic link to the annual report required by section 2(b) of the Taxpayers Right to Know Act by the agency that carries out the assistance program; and ``(7) the authorization and appropriation amount provided by law for each assistance program in the catalog in the current fiscal year, and a notation if the program is not authorized in the current year, has not been authorized in law, or does not receive a specific line item appropriation.''. (c) Report Related to Compliance With Catalog Requirements.-- Section 6104 of title 31, United States Code, is further amended by adding at the end the following new subsection: ``(e) Compliance.--On the website of the catalog of Federal domestic and international assistance information, the Administrator shall provide the following: ``(1) Contact information.--The title and contact information for the person in each agency responsible for the implementation, compliance, and quality of the data in the catalog. ``(2) Report.--An annual report compiled by the Administrator of domestic assistance programs, international assistance programs, and agencies with respect to which the requirements of this chapter are not met.''. (d) Bulk Downloads of Data.--Section 6103 of such title is amended by adding at the end the following new subsection: ``(d) Bulk Downloads.--The information in the catalog of domestic and international assistance under section 6104 of this title shall be available on a regular basis through bulk downloads from the website of the catalog.''. (e) Revision to Agency Definition.--Section 6101(2) of such title is amended by inserting before the period at the end the following: ``except such term also includes offices in the legislative branch other than the Government Accountability Office''. SEC. 4. REGULATIONS AND IMPLEMENTATION. (a) Regulations.--Not later than 120 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall prescribe regulations to implement this Act. (b) Implementation.--This Act shall be implemented beginning with the first full fiscal year occurring after the date of the enactment of this Act.

Taxpayers Right to Know Act - Requires the head of each federal agency in each fiscal year to: (1) identify and describe every program administered by such agency; (2) determine the total administrative expenses and expenditures for services for each program; (3) estimate the number of clients served by each program and the beneficiaries who received assistance under each program; (4) estimate the number of full-time federal and contract employees who administer each program; and (5) identify federal programs with duplicative or overlapping missions, services, and allowable uses of funds. Requires agency heads to publish on agency websites the information required by this Act, the latest performance reviews of each agency program, improper payment rates, the total amount of unspent and unobligated program funds held by the agency and grant recipients, and recommendations for consolidating duplicative programs, eliminating waste and inefficiency, and terminating lower priority, outdated, and unnecessary programs and initiatives. Expands the scope of information required in the Catalog of Federal Domestic Assistance to include: (1) programs providing assistance to foreign nations, international organizations, and services provided or funded by agencies operating outside the United States; (2) information required by this Act; and (3) budget functions and authorization and appropriation amounts for each assistance program in the Catalog.

A bill to provide taxpayers with an annual report disclosing the cost of, performance by, and areas for improvements for Government programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Fiscal Relief Act of 2004''. SEC. 2. EXTENSION OF TEMPORARY STATE FISCAL RELIEF. (a) Extension of Temporary Freeze of Medicaid FMAP for Certain States.--Section 401(a) of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (42 U.S.C. 1396d note) is amended-- (1) in the subsection heading, by striking ``$10,000,000,000 for a''; (2) in paragraph (2)-- (A) in the paragraph heading, by striking ``first 3 quarters of''; and (B) by striking ``the first, second, and third calendar quarters'' and inserting ``each calendar quarter''; (3) by redesignating paragraphs (3) through (9) as paragraphs (4) through (10), respectively; and (4) by inserting after paragraph (2), the following: ``(3) Permitting maintenance of fiscal year 2004 fmap for fiscal year 2005.--Subject to paragraph (6), if the FMAP determined without regard to this subsection for a State for fiscal year 2005 is less than the FMAP as so determined for fiscal year 2004, the FMAP for the State for fiscal year 2004 shall be substituted for the State's FMAP for each calendar quarter of fiscal year 2005, before the application of this subsection.''. (b) Temporary Increase in Medicaid FMAP for All States.--Section 401(a) of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (42 U.S.C. 1396d note), as amended by subsection (a), is amended by striking paragraphs (4) and (5) (as redesignated by subsection (a)(3)) and inserting the following: ``(4) Temporary increase in medicaid fmap.-- ``(A) General 2.95 percentage points increase for last 2 calendar quarters of fiscal year 2003 and first 3 calendar quarters of fiscal year 2004.--Subject to paragraphs (6), (7), and (8), for each State for the third and fourth calendar quarters of fiscal year 2003 and for the first, second, and third calendar quarters of fiscal year 2004, the FMAP (taking into account the application of paragraphs (1), (2), and (3)) shall be increased by 2.95 percentage points. ``(B) General 1.26 percentage points increase for last calendar quarter of fiscal year 2004 and each calendar quarter of fiscal year 2005.--Subject to paragraphs (6), (7), and (8), for each State for the fourth calendar quarter of fiscal year 2004 and each calendar quarter of fiscal year 2005, the FMAP (taking into account the application of paragraphs (1), (2), and (3) but without regard to the application of subparagraph (A)) shall be increased by 1.26 percentage points. ``(5) Increase in cap on medicaid payments to territories.-- ``(A) Last 2 calendar quarters of fiscal year 2003 and first 3 calendar quarters of fiscal year 2004.-- Subject to paragraphs (7) and (8), with respect to the third and fourth calendar quarters of fiscal year 2003 and the first, second, and third calendar quarters of fiscal year 2004, the amounts otherwise determined for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa under subsections (f) and (g) of section 1108 of the Social Security Act (42 U.S.C. 1308) shall each be increased by an amount equal to 5.90 percent of such amounts. ``(B) Last calendar quarter of fiscal year 2004 and each calendar quarter of fiscal year 2005.--Subject to paragraphs (7) and (8), with respect to the fourth calendar quarter of fiscal year 2004 and each calendar quarter of fiscal year 2005, the amounts otherwise determined for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa under subsections (f) and (g) of section 1108 of the Social Security Act (42 U.S.C. 1308) shall each be increased by an amount equal to 2.52 percent of such amounts.''. (c) Conforming Amendments.--Section 401(a) of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (42 U.S.C. 1396d note), as amended by subsections (a) and (b), is amended-- (1) in paragraph (1), by striking ``paragraph (5)'' and inserting ``paragraph (6)''; (2) in paragraph (2), by striking ``paragraph (5)'' and inserting ``paragraph (6)''; (3) in paragraph (7) (as redesignated by subsection (a)(3))-- (A) by striking ``paragraph (4)'' each place it appears and inserting ``paragraph (5)''; and (B) by striking ``paragraph (3)'' each place it appears and inserting ``paragraph (4)''; (4) in paragraph (8) (as so redesignated), by striking ``the first, second and third calendar quarters of fiscal year 2004'' and inserting ``each calendar quarter of fiscal year 2004 and fiscal year 2005''; and (5) in paragraph (10) (as so redesignated), by striking ``October 1, 2004'' and inserting ``January 1, 2005''. SEC. 3. TRANSITIONAL FUND TO IMPLEMENT THE MEDICARE PRESCRIPTION DRUG, IMPROVEMENT, AND MODERNIZATION ACT OF 2003. Section 1931(h) of the Social Security Act (42 U.S.C. 1396u-1(h)) is amended-- (1) in paragraph (1)-- (A) by striking ``described in paragraph (2)'' and inserting ``described in-- ``(A) paragraph (2)(A)''; (B) by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(B) paragraph (2)(B) the per centum specified in section 1903(a)(7) shall be increased to such percentage as the Secretary specifies, except that the percentage shall not be less than the percentage applied by the Secretary to the payments made for administrative expenditures described in subparagraph (A) before the date of enactment of this subparagraph.''; (2) in paragraph (2), by striking ``that (but for the enactment of this section) would not be incurred.'' and inserting ``that-- ``(A) but for the enactment of this section would not be incurred; or ``(B) but for the enactment of the Medicare, Prescription Drug, Improvement, and Modernization Act of 2003 and the amendments made by that Act would not be incurred.''; and (3) by striking paragraph (3) and inserting the following: ``(3) Limitations.-- ``(A) Welfare reform attributable expenditures.-- The total amount of additional Federal funds that are expended as a result of the application of this subsection with respect to administrative expenditures described in paragraph (2)(A) for the period beginning with fiscal year 1997 shall not exceed $500,000,000. In applying this subparagraph, the Secretary shall ensure the equitable distribution of additional funds among the States. ``(B) MMA attributable expenditures.--The total amount of additional Federal funds that are expended as a result of the application of this subsection with respect to administrative expenditures described in paragraph (2)(B) for the period beginning on October 1, 2004, and ending on the later of April 1, 2006, or the end of the first fiscal year quarter that begins on or after the date on which benefits are first provided under the voluntary prescription drug benefit program under part D of title XVIII (other than under the program under subpart 4 of part D of title XVIII), shall not exceed $1,200,000,000. In applying this subparagraph, the Secretary shall ensure the equitable distribution of additional funds among the States, taking into account the following: ``(i) The percentage of individuals who reside in a State who are eligible for medicare cost-sharing under clause (i), (iii), or (iv) of section 1902(a)(10)(E). ``(ii) The number of full-benefit dual eligible individuals (as defined in section 1935(c)(6)) who reside in a State.''.

State Fiscal Relief Act of 2004 - Amends the Jobs and Growth Tax Relief Reconciliation Act of 2003 to extend the temporary freeze of the Federal medical assistance percentage (FMAP) under title XIX (Medicaid) of the Social Security Act (SSA) for certain States (continuing the FY 2003 FMAP through each calendar quarter of FY 2004, and the FY 2004 FMAP for each calendar quarter of FY 2005 if the FY 2005 FMAP would otherwise be less than the FY 2004 FMAP). Amends the Jobs and Growth Tax Relief Reconciliation Act of 2003 to increase the FMAP: (1) by 2.95 percentage points for the last two calendar quarters of FY 2003 and the first three calendar quarters of FY 2004; and (2) by 1.26 percentage points for the last calendar quarter of FY 2004 and each calendar quarter of FY 2005. Increases by 5.9 percent the ceiling on Medicaid payments to specified territories for the last two calendar quarters of FY 2003 and the first three calendar quarters of FY 2004. Increases such ceiling by 2.52 percent for the last calendar quarter of FY 2004 and each calendar quarter of FY 2005. Amends SSA title XIX, with respect to the transitional increased Federal matching rate for increased administrative costs, to require a specified minimum increase for administrative expenditures that would not be incurred but for enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. Sets $1.2 billion as the cap on the total amount of additional Federal funds expended as a result of this Act with respect to such administrative expenditures between October 1, 2004, and the later of either: (1) April 1, 2006; or (2) the end of the first fiscal year quarter that begins on or after the date on which benefits are first provided under the voluntary prescription drug benefit program under SSA title XVIII (Medicare) part D.

A bill to extend temporary State fiscal relief, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Prescription Drug Cost Containment Act of 2004''. SEC. 2. INCLUSION IN ANNUAL REPORT OF MEDICARE TRUSTEES OF INFORMATION ON STATUS OF MEDICARE PRESCRIPTION DRUG ACCOUNT. (a) Determinations of Excess General Revenue Medicare Prescription Drug Funding.-- (1) In general.--On the same date on which the President submits a budget to Congress, the Secretary of Health and Human Services (in this Act referred to as the ``Secretary''), shall submit to Congress a determination as to whether there is projected to be excess general revenue medicare prescription drug funding (as defined in subsection (b)) for the fiscal year for which the budget is submitted. (2) Medicare part d funding warning.--For purposes of section 1105(i) of title 31, United States Code, and this Act, an affirmative determination under paragraph (1) by the Secretary shall be treated as a medicare part D funding warning in the fiscal year beginning on October 1 of the year in which the determination is submitted to Congress. (b) Definitions.--For purposes of this section: (1) Excess general revenue medicare prescription drug funding.--The term ``excess general revenue medicare prescription drug funding'' means, with respect to a fiscal year during the period beginning on the date of enactment of this Act and ending on September 30, 2013, that-- (A) the amounts deposited in the Medicare Prescription Drug Account under section 1860D-16(c)(2) (42 U.S.C. 1395w-116(c)(2)), as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173); exceed (B) the part D target amount (as defined in paragraph (2)). (2) Part d target amount.--The term ``part D target amount'' means for a year-- (A) for fiscal year 2005, $800,000,000; (B) for fiscal year 2006, $25,700,000,000; (C) for fiscal year 2007, $39,000,000,000; (D) for fiscal year 2008, $44,600,000,000; (E) for fiscal year 2009, $48,700,000,000; (F) for fiscal year 2010, $53,700,000,000; (G) for fiscal year 2011, $58,600,000,000; (H) for fiscal year 2012, $65,300,000,000; and (I) for fiscal year 2013, $73,100,000,000. (c) Technical Amendment.--Section 1860D-16(c)(3) of the Social Security Act (42 U.S.C. 1395w-116(c)(3)), as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended by striking ``under paragraph (1) or subsection (a)(2)'' and inserting ``under paragraph (1), (2), or (4), gifts and bequests as may be made as provided in section 201(i)(1), or accrued interest on balances in the Account''. SEC. 3. PRESIDENTIAL SUBMISSION OF LEGISLATION. (a) In General.--Section 1105 of title 31, United States Code, as amended by section 802(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended by adding at the end the following new subsection: ``(i)(1) If there is a medicare part D funding warning under section 2(a)(2) of the Medicare Prescription Drug Cost Containment Act of 2004 made in a year, the President shall submit to Congress, within the 15-day period beginning on the date of the budget submission to Congress under subsection (a) for the succeeding year, proposed legislation to respond to such warning. ``(2) Paragraph (1) does not apply if, during the year in which the warning is made, legislation is enacted which eliminates excess general revenue medicare funding (as defined in section 2(b) of the Medicare Prescription Drug Cost Containment Act of 2004) for the period beginning with the fiscal year for which the determination is made and ending on September 30, 2013, as certified by the Board of Trustees of the Federal Supplementary Medicare Insurance Trust Fund not later than 30 days after the date of the enactment of such legislation.''. (b) Sense of Congress.--It is the sense of Congress that legislation submitted pursuant to section 1105(i) of title 31, United States Code, in a year should be designed to eliminate excess general revenue medicare funding (as defined in section 2(b)) for the period that begins with the fiscal year for which the determination is made and ends on September 30, 2013. SEC. 4. PROCEDURES IN THE HOUSE OF REPRESENTATIVES. (a) Introduction and Referral of President's Legislative Proposal.-- (1) Introduction.--In the case of a legislative proposal submitted by the President pursuant to section 1105(i) of title 31, United States Code, as added by section 3(a), within the 15-day period specified in paragraph (1) of such section, the majority leader of the House of Representatives (or his designee) and the minority leader of the House of Representatives (or his designee) shall introduce such proposal (by request), the title of which is as follows: ``A bill to respond to a medicare part D funding warning.'' Such bill shall be introduced within 3 legislative days after Congress receives such proposal. (2) Referral.--Any legislation introduced pursuant to paragraph (1) shall be referred to the appropriate committees of the House of Representatives. (b) Direction to the Appropriate House Committees.-- (1) In general.--In the House, in any year during which the President is required to submit proposed legislation to Congress under section 1105(i) of title 31, United States Code, the appropriate committees shall report medicare funding legislation by not later than June 30 of such year. (2) Medicare funding legislation.--For purposes of this section, the term ``medicare funding legislation'' means-- (A) legislation introduced pursuant to subsection (a)(1), but only if the legislative proposal upon which the legislation is based was submitted within the 15- day period referred to in such subsection; or (B) any bill the title of which is as follows: ``A bill to respond to a medicare part D funding warning.''. (3) Certification.--With respect to any medicare funding legislation or any amendment to such legislation to respond to a medicare part D funding warning, the chairman of the Committee on the Budget of the House shall certify-- (A) whether or not such legislation eliminates excess general revenue medicare funding (as defined in section 2(c)) for each fiscal year during the period beginning with the fiscal year for which the determination is made and ending on September 30, 2013; and (B) with respect to such an amendment, whether the legislation, as amended, would eliminate excess general revenue medicare funding (as defined in section 2(c)) for each fiscal year in such period. (c) Fallback Procedure for Floor Consideration If the House Fails To Vote on Final Passage by July 30.-- (1) After July 30 of any year during which the President is required to submit proposed legislation to Congress under section 1105(i) of title 31, United States Code, unless the House of Representatives has voted on final passage of any medicare funding legislation for which there is an affirmative certification under subsection (b)(3)(A), then, after the expiration of not less than 30 calendar days (and concurrently 5 legislative days), it is in order to move to discharge any committee to which medicare funding legislation which has such a certification and which has been referred to such committee for 30 calendar days from further consideration of the legislation. (2) A motion to discharge may be made only by an individual favoring the legislation, may be made only if supported by \1/ 5\ of the total membership of the House of Representatives (a quorum being present), and is highly privileged in the House of Representatives. Debate thereon shall be limited to not more than 1 hour, the time to be divided in the House of Representatives equally between those favoring and those opposing the motion. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (3) Only 1 motion to discharge a particular committee may be adopted under this subsection in any session of Congress. (4) Notwithstanding paragraph (1), it shall not be in order to move to discharge a committee from further consideration of medicare funding legislation pursuant to this subsection during a session of Congress if, during the previous session of the Congress, the House of Representatives passed medicare funding legislation for which there is an affirmative certification under subsection (b)(3)(A). (d) Floor Consideration in the House of Discharged Legislation.-- (1) In the House, not later than 3 legislative days after any committee has been discharged from further consideration of legislation under subsection (c), the Speaker shall resolve the House into the Committee of the Whole for consideration of the legislation. (2) The first reading of the legislation shall be dispensed with. All points of order against consideration of the legislation are waived. General debate shall be confined to the legislation and shall not exceed 5 hours, which shall be divided equally between those favoring and those opposing the legislation. After general debate the legislation shall be considered for amendment under the 5-minute rule. During consideration of the legislation, no amendments shall be in order in the House of Representatives or in the Committee of the Whole except those for which there has been an affirmative certification under subsection (b)(3)(B). All points of order against consideration of any such amendment in the Committee of the Whole are waived. The legislation, together with any amendments which shall be in order, shall be considered as read. During the consideration of the bill for amendment, the Chairman of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of Rule XVIII of the Rules of the House of Representatives. Debate on any amendment shall not exceed 1 hour, which shall be divided equally between those favoring and those opposing the amendment, and no pro forma amendments shall be offered during the debate. The total time for debate on all amendments shall not exceed 10 hours. At the conclusion of consideration of the legislation for amendment, the Committee shall rise and report the legislation to the House of Representatives with such amendments as may have been adopted. The previous question shall be considered as ordered on the legislation and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. If the Committee of the Whole rises and reports that it has come to no resolution on the bill, then on the next legislative day the House of Representatives shall, immediately after the third daily order of business under clause 1 of Rule XIV of the Rules of the House of Representatives, resolve into the Committee of the Whole for further consideration of the bill. (3) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any such legislation shall be decided without debate. (4) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any such legislation and amendments thereto (or any conference report thereon) shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions, amendments, and conference reports in similar circumstances. (e) Legislative Day Defined.--As used in this section, the term ``legislative day'' means a day on which the House of Representatives is in session. (f) Restriction on Waiver.--In the House of Representatives, the provisions of this section may be waived only by a rule or order proposing only to waive such provisions. (g) Rulemaking Power.--The provisions of this section are enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and, as such, shall be considered as part of the rules of that House of Representatives and shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of that House to change the rules (so far as they relate to the procedures of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 5. PROCEDURES IN THE SENATE. (a) Introduction and Referral of President's Legislative Proposal.-- (1) Introduction.--In the case of a legislative proposal submitted by the President pursuant to section 1105(i) of title 31, United States Code, within the 15-day period specified in paragraph (1) of such section, the majority leader and minority leader of the Senate (or their designees) shall introduce such proposal (by request), the title of which is as follows: ``A bill to respond to a medicare part D funding warning.'' Such bill shall be introduced within 3 days of session after Congress receives such proposal. (2) Referral.--Any legislation introduced pursuant to paragraph (1) shall be referred to the Committee on Finance. (b) Medicare Funding Legislation.--For purposes of this section, the term ``medicare funding legislation'' means-- (1) legislation introduced pursuant to subsection (a)(1), but only if the legislative proposal upon which the legislation is based was submitted within the 15-day period referred to in such subsection; or (2) any bill the title of which is as follows: ``A bill to respond to a medicare part D funding warning.''. (c) Qualification for Special Procedures.-- (1) In general.--The special procedures set forth in subsections (d) and (e) shall apply to medicare funding legislation, as described in subsection (b), only if the legislation-- (A) is medicare funding legislation that is passed by the House of Representatives; or (B) contains matter within the jurisdiction of the Committee on Finance in the Senate. (2) Failure to qualify for special procedures.--If the medicare funding legislation does not satisfy paragraph (1), then the legislation shall be considered under the ordinary procedures of the Standing Rules of the Senate. (d) Discharge.-- (1) In general.--If the Committee on Finance of the Senate has not reported medicare funding legislation described in subsection (c)(1) by June 30 of a year in which the President is required to submit medicare funding legislation to Congress under section 1105(i) of title 31, United States Code, then any Senator may move to discharge the Committee of any single medicare funding legislation measure. Only 1 such motion shall be in order in any session of Congress. (2) Debate limits.--Debate in the Senate on any such motion to discharge, and all appeals in connection therewith, shall be limited to not more than 2 hours. The time shall be equally divided between, and controlled by, the maker of the motion and the majority leader, or their designees, except that in the event the majority leader is in favor of such motion, the time in opposition thereto shall be controlled by the minority leader or the minority leader's designee. A point of order under this subsection may be made at any time. It is not in order to move to proceed to another measure or matter while such motion (or the motion to reconsider such motion) is pending. (3) Amendments.--No amendment to the motion to discharge shall be in order. (4) Exception if certified legislation enacted.-- Notwithstanding paragraph (1), it shall not be in order to discharge the Committee from further consideration of medicare funding legislation pursuant to this subsection during a session of a Congress if the chairman of the Committee on the Budget of the Senate certifies that medicare funding legislation has been enacted that eliminates excess general revenue medicare funding (as defined in section 2(c)) for each fiscal year in the period beginning with the fiscal year for which the determination is made and ending on September 30, 2013. (e) Consideration.--After the date on which the Committee on Finance of the Senate has reported medicare funding legislation described in subsection (c)(1), or has been discharged (under subsection (d)) from further consideration of, such legislation, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the Senate to move to proceed to the consideration of such legislation. (f) Rules of the Senate.--This section is enacted by the Senate-- (1) as an exercise of the rulemaking power of the Senate and as such it is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of a bill described in this paragraph, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.

Medicare Prescription Drug Cost Containment Act of 2004 - Directs the Secretary of Health and Human Services, on the same date on which the President submits a budget to Congress, to determine to Congress whether excess general revenue Medicare prescription drug funding is projected for the fiscal year for which the budget is submitted. Treats an affirmative determination as a Medicare part D (Voluntary Prescription Drug Benefit Program) funding warning in the fiscal year beginning on October 1 of the year in which the determination is made. Amends Federal money and finance law, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to direct the President to submit to Congress proposed legislation to respond to such a warning within 15 days after the budget submission to Congress for the succeeding year. States that such requirement shall not apply if, during the year in which the warning is made, legislation is enacted which eliminates excess general revenue Medicare funding for the period beginning with the fiscal year for which the determination is made through September 30, 2013, as certified by the Board of Trustees of the Federal Supplementary Medical Insurance Trust Fund. Expresses the sense of Congress that legislation submitted by the President in response to a warning should be designed to eliminate excess general revenue Medicare funding for the period that begins with the fiscal year for which the determination is made through September 30, 2013. Sets out the special procedures for House and Senate consideration of the President's legislative proposal in response to such warning.

A bill to contain the costs of the medicare prescription drug program under part D of title XVIII of the Social Security Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Help Extend Auditory Relief (HEAR) Act of 2013''. SEC. 2. MEDICARE COVERAGE OF HEARING REHABILITATION. (a) Coverage of Aural Rehabilitation Services.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (EE), by striking ``and'' at the end; (2) in subparagraph (FF) by inserting ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(GG) aural rehabilitation services (as described in subsection (iii)(1)(A));''. (b) Coverage of Hearing Aids as Durable Medical Equipment.--Section 1861(s)(8) of the Social Security Act (42 U.S.C. 1395x(s)(8)) is amended by inserting ``and hearing aids (as defined in subsection (iii)(3))'' before the period. (c) Hearing Rehabilitation and Hearing Aid Defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Hearing Rehabilitation ``(iii)(1) The term `hearing rehabilitation' means-- ``(A) aural rehabilitation services (described in paragraph (2)) which meet such requirements as the Secretary prescribes and which are furnished by a physician or qualified audiologist, who is legally authorized to furnish such services under the State law (or the State regulatory mechanism provided by State law) of the State in which the services are furnished; and ``(B) hearing aids (as defined in paragraph (3)). ``(2) The services described in this subparagraph include-- ``(A) aural rehabilitation services; ``(B) in the case of an individual who has a hearing loss (as defined by the Secretary), a comprehensive audiologic assessment to determine if a hearing aid is appropriate and to determine the need for other diagnostic medical or audiologic testing; and ``(C) a threshold test to determine audio acuity. ``(3)(A) The term `hearing aid' means a hearing aid described in subparagraph (B), including the services described in subparagraph (C) furnished by a physician or qualified audiologist, who is legally authorized to supply such hearing aid under the State law (or State regulatory mechanism provided by State law) of the State in which the hearing aid is supplied, to an individual described in subparagraph (D). ``(B) A hearing aid described in this subparagraph is any wearable instrument or device for, offered for the purpose of, or represented as aiding individuals with, or compensating for, hearing loss that meets requirements of the Food and Drug Administration for marketing. ``(C) The services described in this subparagraph include-- ``(i) audiology services (as defined in subsection (ll)(2)); ``(ii) a hearing aid assessment to determine the appropriate hearing aid for the individual; ``(iii) procurement of an appropriate hearing aid; ``(iv) initial fitting and adjustment of the hearing aid; ``(v) appropriate instruction on the use of the hearing aid; ``(vi) periodic refittings and adjustments; and ``(vii) rehabilitation, including counseling on hearing loss, speech reading, and auditory training. ``(D) The individuals described in this subparagraph-- ``(i) have been determined (as a result of a comprehensive audiologic assessment) to have a hearing loss which can be appropriately treated with a hearing aid; ``(ii) have not been supplied with one monaural hearing aid or two binaural hearing aids during the preceding 3 years; and ``(iii) have had a comprehensive audiologic assessment which indicates that the hearing of such individual has deteriorated since such individual was last supplied with a hearing aid such that a hearing aid of a different type is appropriate for such individual.''. (d) Inclusion of Audiology Rehabilitation Services.--Section 1861(ll)(2) of the Social Security Act (42 U.S.C. 1395x(ll)(2)) is amended by inserting ``and rehabilitation'' after ``balance assessment''. (e) Exception to Exclusions From Coverage.--Section 1862(a) of the Social Security Act (42 U.S.C. 1395y(a)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (O), by striking ``and'' at the end; (B) in subparagraph (P); by striking the semicolon at the end and inserting ``, and''; and (C) by adding at the end the following new subparagraph: ``(Q) in the case of hearing rehabilitation, which is furnished or supplied more frequently than is provided under section 1861(iii)(3)(D)(ii).''; and (2) in paragraph (7) by striking ``hearing aids or examinations therefor''. (f) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply to items and services furnished on or after January 1 of such year, not later than the third year beginning after such date of enactment, as the Secretary of Health and Human Services shall specify.

Help Extend Auditory Relief (HEAR) Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to cover aural rehabilitation services, hearing aids as durable medical equipment (DME), audiology rehabilitation services, and related hearing services.

Help Extend Auditory Relief (HEAR) Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Charles August Long Undiagnosed Diseases Research and Collaboration Network Act of 2011'' or the ``CAL Undiagnosed Diseases Research and Collaboration Network Act of 2011''. SEC. 2. CAL NETWORK OF UNDIAGNOSED DISEASES. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by inserting after section 317T the following: ``SEC. 317U. THE NATIONAL CAL NETWORK OF UNDIAGNOSED DISEASES. ``(a) Establishment.--The Secretary, acting through the Director of NIH, shall establish and maintain an undiagnosed diseases patient network (in this section referred to as the `CAL Network'). ``(b) Purposes.--The purposes of the CAL Network shall be to-- ``(1) provide physicians who are handling cases of undiagnosed diseases with a means, consistent with applicable privacy laws, including HIPAA privacy and security law (as defined in section 3009(a)(2)), to search for similar cases and to network and collaborate with the physicians handling such similar cases in order to find a diagnosis and to improve patient care and outcomes; ``(2) better enable and examine cross-disease research whereby cases of undiagnosed diseases can be cross-referenced against attributes of common diseases and rare diseases to assist in the rendering of a diagnosis; elucidate commonalities; identify atypical presentations, rare subgroups, similar findings; and identify potential treatments; ``(3) better describe the types and prevalence of cases of undiagnosed diseases in the United States; ``(4) make necessary data available to elucidate appropriate factors (such as genetic, environmental, and occupational factors) that may be associated with the various types of cases of undiagnosed diseases reported by individuals specified by the Director of NIH; ``(5) better outline key demographic factors (such as age, race or ethnicity, gender, sex, geographic location, and family medical history) of individuals who are undiagnosed; ``(6) provide such data necessary to better understand the length of time for a diagnoses to be rendered in cases of undiagnosed diseases and to identify barriers to diagnoses and reasons for misdiagnosis of diseases; and ``(7) provide such information necessary to determine, in order to improve access of individuals with undiagnosed diseases throughout the United States (including those with severe illnesses which limit or restrict travel) to programs similar to the Undiagnosed Disease Program conducted at the National Institutes of Health, if the needs and number of such individuals support-- ``(A) the expansion of such Undiagnosed Disease Program, as in existence as of the date of the enactment of this section, to include the establishment of additional undiagnosed diseases programs of like scope and nature at other locations throughout the United States; and ``(B) the establishment by entities other than the National Institutes of Health of separate undiagnosed disease programs of like scope and nature to the Undiagnosed Disease Program at locations throughout the United States under the guidance of and through grants provided by and through such Undiagnosed Diseases Program. ``(c) Content of the CAL Network.--The Secretary shall include in the CAL Network such information respecting undiagnosed diseases as the Secretary deems appropriate for the purposes described in subsection (b) and other purposes to facilitate the early recognition, treatment, cure, and control of such diseases. ``(d) Availability.-- ``(1) Design requirements.--Subject to paragraph (2), for the purposes described in subsection (c) and consistent with applicable privacy laws, including HIPAA privacy and security law (as defined in section 3009(a)(2)), the Secretary shall ensure that the CAL Network is designed in such a manner as to-- ``(A) make the information in the CAL Network available to appropriate health care professionals, patients, and other qualified individuals and organizations, as determined by the Secretary, who are registered to access such network in accordance with such process and requirements as specified by the Secretary; ``(B) make epidemiological and other types of information obtained through the CAL Network available to Federal agencies and health-related agencies; ``(C) provide for different levels and types of access to such network to be granted based on the circumstances and individuals involved; and ``(D) allow for an individual to have only the level and type of access to the network so granted. ``(2) Information which may not be publically disclosed.-- The design under paragraph (1) shall ensure that the following information is not publicly disclosed: ``(A) Individually identifiable information. ``(B) Trade secrets or commercial or financial information obtained from a person and privileged or confidential, as provided in section 552(b)(4) of title 5, United States Code. ``(e) Grants.--The Secretary, acting through the Director of NIH, may award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for-- ``(1) the collection, analysis, and reporting of data on cases of undiagnosed diseases and other disorders that can often go undiagnosed or be misdiagnosed as other diseases or disorders; and ``(2) the establishment of separate undiagnosed disease programs described in subsection (b)(7)(B). ``(f) Implementation Schedule.--In carrying out this section, the Secretary shall-- ``(1) not later than 1 year after the date of the enactment of this section, complete any study, research, and development necessary to implement the CAL Network; and ``(2) complete the implementation of the CAL Network such that it is fully operational by not later than September 30, 2013. ``(g) Undiagnosed Diseases Defined.--For purposes of this section, the term `undiagnosed disease' means a medically unexplained chronic multi-symptom disease that-- ``(1) causes the decline of, limitations in, or cessation of a person's developmental status, functional status, quality of life, or any combination thereof; ``(2) has not been diagnosed by a medical specialist in a tertiary medical center; ``(3) is defined by a cluster of signs or symptoms; which by history, physical examination, and laboratory tests cannot be attributed to any known clinical diagnosis; ``(4) is without conclusive pathophysiology or etiology; ``(5) is characterized by overlapping symptoms and signs; or ``(6) exhibits an inconsistent demonstration of laboratory abnormalities. ``(h) Authorization of Appropriations.-- ``(1) In general.--To carry out this section, there are authorized to be appropriated $5,000,000 for the period of fiscal years 2012 through 2017. ``(2) Offset.--To offset amounts appropriated pursuant to the authorization of appropriations in paragraph (1), the Secretary shall reduce funds that would otherwise be obligated and expended under the account heading `National Institutes of Health--Office of the Director' by $5,000,000 for the period of fiscal years 2012 through 2017.''.

Charles August Long Undiagnosed Diseases Research and Collaboration Network Act of 2011 or the CAL Undiagnosed Diseases Research and Collaboration Network Act of 2011 - Requires the Director of the National Institutes of Health (NIH) to establish and maintain an undiagnosed diseases patient network. Includes among the purposes of the CAL Network to: (1) provide physicians who are handling cases of undiagnosed diseases with a means to search for similar cases and to network and collaborate with physicians handling similar cases; (2) better enable and examine cross-disease research; (3) better describe the types and prevalence of cases of undiagnosed diseases in the United States; and (4) provide such data necessary to better understand the length of time for a diagnosis to be rendered and to identify barriers to diagnoses and reasons for misdiagnosis of diseases. Authorizes the Secretary of Health and Human Services (HHS) to award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for: (1) the collection, analysis, and reporting of data on cases of undiagnosed diseases and other disorders that can often go undiagnosed or be misdiagnosed as other diseases or disorders; and (2) the establishment of separate undiagnosed disease programs.

To amend the Public Health Service Act to provide for the establishment and maintenance of an undiagnosed diseases network, and for other purposes.

SECTION 1. EXTENSION OF PROBATIONARY PERIOD FOR POSITIONS WITHIN THE COMPETITIVE SERVICE. (a) In General.--Section 3321 of title 5, United States Code, is amended-- (1) in subsection (a), by striking ``The President'' and inserting ``Subject to subsections (c) and (d), the President''; (2) by redesignating subsection (c) as subsection (e); and (3) by inserting after subsection (b) the following: ``(c)(1) Except as provided in paragraph (2), the length of a probationary period established under paragraph (1) or (2) of subsection (a) shall be-- ``(A) with respect to any position that requires formal training, a period of 2 years beginning on the date that such formal training is completed; ``(B) with respect to any position that requires a license, a period of 2 years beginning on the date that such license is granted; and ``(C) with respect to any position not covered by subparagraph (A) or (B), not less than 2 years. ``(2) The length of a probationary period established under paragraph (1) or (2) of subsection (a) in the case of a preference eligible shall be not longer than-- ``(A) if the appointment (as referred to in subsection (a)(1)) or the initial appointment (as referred to in subsection (a)(2)) is to a position that exists on the effective date of this subsection, the length of the probationary period which applies to such position as of such effective date; or ``(B) if the appointment (as referred to in subsection (a)(1)) or the initial appointment (as referred to in subsection (a)(2)) is to a position that does not exist on the effective date of this subsection, such length of time as the President may establish, consistent with the purposes of this subparagraph. ``(3) In paragraph (1)-- ``(A) the term `formal training' means, with respect to any position, a training program required by law, rule, or regulation, or otherwise required by the employing agency, to be completed by the employee before the employee is able to successfully execute the duties of the applicable position; and ``(B) the term `license' means a license, certification, or other grant of permission to engage in a particular activity. ``(d) The head of each agency shall, in the administration of this section, take appropriate measures to ensure that-- ``(1) any announcement of a vacant position within such agency and any offer of appointment made to any individual with respect to any such position shall clearly state the terms and conditions of the probationary period applicable to such position; ``(2) any individual who is required to complete a probationary period under this section shall receive timely notice of the performance and other requirements which must be met in order to successfully complete the probationary period; and ``(3) upon successful completion of a probationary period under this section, certification to that effect shall be made, supported by a brief statement of the basis for that certification, in such form and manner as the President may by regulation prescribe.''. (b) Technical Amendment.--Section 3321(e) of title 5, United States Code (as so redesignated by subsection (a)(2)) is amended by striking ``Subsections (a) and (b)'' and inserting ``Subsections (a) through (d)''. (c) Effective Date.--This section and the amendments made by this section-- (1) shall take effect 180 days after the date of enactment of this Act; and (2) shall apply in the case of any appointment (as referred to in section 3321(a)(1) of title 5, United States Code) and any initial appointment (as referred to in section 3321(a)(2) of such title) taking effect on or after the date on which this section takes effect. SEC. 2. EXTENSION OF PROBATIONARY PERIOD FOR POSITIONS WITHIN THE SENIOR EXECUTIVE SERVICE . (a) In General.--Section 3393(d) of title 5, United States Code, is amended by striking ``1-year'' and inserting ``2-year''. (b) Conforming Amendment.--Section 3592(a)(1) of such title is amended by striking ``1-year'' and inserting ``2-year''. SEC. 3. APPEALS FROM ADVERSE ACTIONS. (a) Subchapter I of Chapter 75 of Title 5.--Section 7501(1) of title 5, United States Code, is amended-- (1) by striking ``1 year'' the first place it appears and inserting ``not less than 2 years''; and (2) by striking ``1 year'' the second place it appears and inserting ``2 years''. (b) Subchapter II of Chapter 75 of Title 5.--Section 7511(a)(1) of title 5, United States Code, is amended-- (1) in subparagraph (A)(ii), by striking ``1 year'' the first place it appears and inserting ``not less than 2 years''; and (2) in subparagraph (C)(ii), by striking ``2 years'' the first place it appears and inserting ``not less than 2 years''. (c) Effective Date.--The amendments made by subsections (a) and (b)-- (1) shall take effect 180 days after the date of enactment of this Act; and (2) shall apply in the case of any individual whose period of continuous service (as referred to in the provision of law amended by paragraph (1) or (2) of subsection (b), as the case may be) commences on or after the date on which this section takes effect.

. (Sec. 1) This bill requires the probationary period before an appointment in the competitive civil service or an initial appointment as a supervisor or manager becomes final to be: (1) with respect to any position that requires formal training, a period of two years beginning on the date that such training is completed; (2) with respect to any position that requires a license, a period of two years beginning on the date that such license is granted; and (3) with respect to any other position, at least two years. The probationary period for a preference eligible (i.e., a veteran) initially appointed to a position that exists as of 180 days after the enactment of this Act shall not be longer than the period that applies on such date. The probationary period for a preference eligible appointed to a position that does not exist on such date shall not be longer than the length of time the President establishes. Each agency must ensure that: (1) announcements of vacant positions and offers of appointment clearly state the terms and conditions of the probationary period, (2) individuals who are required to complete probationary periods receive timely notice of requirements to successfully complete the probationary period, and (3) certification of such successful completion is made. (Sec. 2) The bill increases from one to two years the probationary period after which an individual's appointment as a career appointee in the Senior Executive Service becomes final. (Sec. 3) The definition of "employee" for purposes of adverse action provisions is revised to mean an individual in the competitive service or in the excepted service who has completed at least two years (currently, one year) of current continuous service in the same or a similar position.

To amend title 5, United States Code, to modify probationary periods with respect to positions within the competitive service and the Senior Executive Service, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Land Management Participation Act of 1997''. SEC. 2. PURPOSE. The purpose of this Act is to ensure that the public and the Congress have both the right and a reasonable opportunity to participate in decisions that affect the use and management of all public lands owned or controlled by the Government of the United States. SEC. 3. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLE IN DECLARATION OF NATIONAL MONUMENTS. The Antiquities Act (16 U.S.C. 431a) is amended by adding the following new section: ``Sec. 431b. Public and congressional roles in national monument declarations ``(a) The Secretaries of the Interior and Agriculture shall provide an opportunity for public involvement and by regulation shall establish procedures, including public hearings where appropriate, to give Federal, State, and local governments and the public, adequate notice and opportunity to comment upon and participate in the formulation of plans relating to the declaration of national monuments upon the lands owned or controlled by the Government of the United States pursuant to the authority of the Antiquities Act (16 U.S.C. 431). ``(b) In addition, the Secretary of the Interior and Agriculture shall, prior to any recommendations for declaration of an area-- ``(1) ensure compliance with all applicable federal land management and environmental statutes, including the National Environmental Policy Act (40 U.S.C. 4321-4370d); ``(2) cause mineral surveys to be conducted by the Geological Survey to determine the mineral values, if any, that may be present in such areas; ``(3) identify all existing rights held on federal lands contained within such areas by type and acreage; and ``(4) identify all State lands contained within such areas. ``(c) After such reviews and mineral surveys, the Secretary of the Interior or Agriculture shall report to the President his recommendations as to what lands owned or controlled by the Government of the United States warrant declaration as a national monument. ``(d) The President shall advise the President of the Senate and the Speaker of the House of Representatives of his recommendations with respect to declaration as national monuments of each such area, together with a map thereof and a definition of its boundaries. Such advice by the President shall be given within two years of the receipt of each report from the Secretary. After the effective date of the Public Land Management Participation Act, a recommendation of the President for declaration of a national monument shall become effective only if so provided by an Act of Congress.''. SEC. 4. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLES IN WORLD HERITAGE SITE LISTING. Section 401 of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1) is amended-- (1) in subsection (a) in the first sentence, by-- (A) inserting ``(in this section referred to as the Convention)'' after ``1973''; and (B) inserting ``and subject to subsections (b), (c), (d), (e), and (f)'' before the period at the end; (2) in subsection (b) in the first sentence, by inserting ``, subject to subsection (d),'' after ``shall''; and (3) adding at the end the following new subsections: ``(d) If the area proposed for designation is not wholly contained within an existing unit of the National Park System, the Secretary of the Interior and Agriculture: ``(1) Shall provide an opportunity for public involvement and by regulation shall establish procedures, including public hearings where appropriate, to give Federal, State, and local governments and the public, adequate notice and opportunity to comment upon and participate in the formulation of plans relating to the designation of any lands owned by the United States for inclusion on the World Heritage List pursuant to the Convention. ``(2) After such review, the Secretary of the Interior or Agriculture shall report to the President his recommendations as to what lands owned by the United States warrant inclusion on the World Heritage List pursuant to the Convention. ``(3) The President shall advise the President of the Senate and the Speaker of the House of Representatives of his recommendations with respect to the designation of any lands owned by the United States for inclusion on the World Heritage List pursuant to the Convention. Such advice by the President shall be given within two years of the receipt of each report from the Secretary. After the effective date of Public Land Participation Management Act, a recommendation of the Presisident for designation of any lands owned by the United States for inclusion on the World Heritage List shall become effective only if so provided by an Act of Congress. ``(e) The Secretary of the Interior or Agriculture shall object to the inclusion of any property in the United States on the list of World Heritage in Danger established under Article 11.4 of the Convention unless-- ``(1) the Secretary has submitted to the Speaker of the House and the President of the Senate a report describing the necessity for including that property on the list; and ``(2) the Secretary is specifically authorized to assent to the inclusion of the property on the list, by a joint resolution of the Congress enacted after the date that report is submitted. ``(f) The Secretary of the Interior and Agriculture shall submit an annual report on each World Heritage Site within the United States to the chairman and ranking minority member of the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, that contains the following information for each site: ``(1) An accounting of all money expended to manage the site. ``(2) A summary of Federal full-time-equivalent hours related to management of the site. ``(3) A list and explanation of all nongovernmental organizations contributing to the management of the site. ``(4) A summary and account of the disposition of complaints received by the Secretary related to management of the site.''. SEC. 5. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLES IN THE DESIGNATION OF UNITED NATIONS BIOSPHERE RESERVES. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is amended by adding at the end the following new section: ``Sec. 403. (a) No Federal official may nominate any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. ``(b) Any designation of an area in the United States as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization shall not have, and shall not be given, any force or effect, unless the Biosphere Reserve is specifically authorized by an Act of Congress. ``(c) The Secretary of the Interior and Agriculture shall provide an opportunity for public involvement and by regulation shall establish procedures, including public hearings where appropriate, to give Federal, State, and local governments and the public, adequate notice and opportunity to comment upon and participate in the formulation of plans relating to the designation of any lands owned by the United States as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. ``(d) After such review, the Secretary of the Interior or Agriculture shall report to the President his recommendations as to what lands owned by the United States warrant inclusion as a Biosphere Reserve. ``(e) The President shall advise the President of the Senate and the Speaker of the House of Representatives of his recommendations with respect to the designation of any lands owned by the United States for inclusion as a Biosphere Reserve. Such advice by the President shall be given within two years of the receipt of each report from the Secretary. After the effective date of the Public Land Participation Management Act, a recommendation of the President for declaration of a Biosphere Reserve shall become effective only if so provided by an Act of Congress. ``(f) The Secretary of State shall submit an annual report on each Biosphere Reserve within the United States to the Chairman and Ranking Minority member of the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, that contains the following information for each reserve: ``(1) An accounting of all money expended to manage the reserve. ``(2) A summary of Federal full time equivalent hours related to management of the reserve. ``(3) A list and explanation of all nongovernmental organizations contributing to the management of the reserve. ``(4) A summary and account of the disposition of the complaints received by the Secretary related to management of the reserve.''

Public Land Management Participation Act of 1997 - Amends the Antiquities Act to require the Secretaries of the Interior and Agriculture to provide an opportunity for public involvement and establish procedures to give the public and Federal, State, and local governments adequate notice and opportunity to comment upon and participate in the formulation of plans relating to the declaration of national monuments upon federally owned or controlled lands. Requires the Secretaries, prior to making any recommendations for declaration of an area, to: (1) ensure compliance with all applicable Federal land management and environmental statutes; (2) cause mineral surveys to be conducted by the Geological Survey to determine the mineral values that may be present in such areas; (3) identify all existing rights held on Federal lands contained within such areas; and (4) identify all State lands contained within such areas. Requires: (1) either Secretary, after such reviews and mineral surveys, to report his or her recommendations as to what federally owned or controlled lands warrant declaration as a national monument to the President; and (2) the President to advise the President of the Senate and the Speaker of the House of Representatives of the President's recommendations, together with maps of the monuments and definitions of their boundaries. (Sec. 4) Amends the National Historic Preservation Act Amendments of 1980 to provide that if an area is not wholly contained within an existing National Park System unit, the Secretaries shall provide an opportunity for public involvement and establish procedures to give the public and Federal, State, and local governments adequate notice and opportunity to comment upon and participate in the formulation of plans relating to the designation of any federally owned lands for inclusion on the World Heritage List pursuant to the Convention Concerning the Protection of the World Cultural and Natural Heritage. Requires: (1) either Secretary, after such review, to report his or her recommendations as to what federally owned lands warrant such inclusion to the President; and (2) the President to advise the President of the Senate and the Speaker of the House of the President's recommendations with respect to the designation of any federally owned lands for such inclusion. Requires either Secretary to object to the inclusion of any property on the list unless the Secretary: (1) has submitted to the Speaker and the President of the Senate a report describing the necessity for including that property on the list; and (2) is specifically authorized to assent to such inclusion by a joint resolution of the Congress enacted after the date that report is submitted. Requires the Secretaries to report annually to specified congressional committees on each World Heritage Site within the United States. (Sec. 5) Prohibits: (1) Federal officials from nominating any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization; and (2) any designation of such a Reserve from having or being given any force or effect unless specifically authorized by an Act of Congress. Requires the Secretaries to provide an opportunity for public involvement and establish procedures to give the public and Federal, State, and local governments adequate notice and opportunity to comment upon and participate in the formulation of plans relating to such designation. Requires: (1) after such review, either Secretary to report his or her recommendations as to what federally owned lands warrant such inclusion to the President; and (2) the President to advise the President of the Senate and the Speaker of the House of his recommendations with respect to the designation of any federally owned lands for inclusion as a Biosphere Reserve. Requires the Secretary of State to report annually to specified congressional committees on each Biosphere Reserve within the United States. Provides that any recommendation of the President for declaration of land as a national monument, inclusion of land on the World Heritage List, or inclusion of land as a Biosphere Reserve shall become effective only if so provided by an Act of Congress.

Public Land Management Participation Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice and Understanding By International Loan Elimination and Equity Act of 2004'' or the ``JUBILEE Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) Many poor countries have been struggling under the burden of international debts for many years. (2) Many poor countries have debts that are odious because they were incurred by dictatorships that did not use the funds in ways that benefitted the population of the country. (3) The international Jubilee coalitions have been working to raise awareness of the needs of these impoverished countries for full debt cancellation. (4) The International Monetary Fund (IMF) has imposed onerous structural adjustment requirements on many poor countries as a condition of past loans and of participation in debt relief programs. (5) Justice requires that these countries receive full cancellation of their debts. SEC. 3. CANCELLATION OF DEBT OWED BY ELIGIBLE POOR COUNTRIES. Title XVI of the International Financial Institutions Act (22 U.S.C. 262p-262p-8) is amended by adding at the end the following: ``SEC. 1626. CANCELLATION OF DEBT OWED BY ELIGIBLE POOR COUNTRIES. ``(a) In General.-- ``(1) Cancellation of debt.--In order to achieve multilateral debt cancellation and promote human and economic development and poverty alleviation in eligible poor countries, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (World Bank), and the other international financial institutions (as defined in section 1701(c)(2)), to accomplish the following: ``(A) Each international financial institution shall cancel all debts owed to the institution by eligible poor countries. To the extent possible, each institution shall finance the debt cancellation from their ongoing operations, procedures, and accounts. ``(B) Any waiting period before receiving debt cancellation shall not exceed 1 month from the date of an eligible poor country's application for debt cancellation. ``(C) The government of each eligible poor country shall be encouraged to allocate at least 20 percent of its national budget, including the savings from the cancellation of debt, for the provision of basic health care services, education services, and clean water services to individuals in the country. In providing such services, the government should seek input from a broad cross-section of members of civil society. ``(2) Establishment of framework for creditor transparency.--In order to ensure that creditor activity is known and assessed by all stakeholders, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (World Bank), and the other international financial institutions (as so defined), to ensure that each of such institutions-- ``(A) continues to make efforts to promote greater transparency regarding the activities of the institution, including project design, project monitoring and evaluation, project implementation, resource allocation, and decisionmaking; and ``(B) supports continued efforts to allow informed participation and input by affected communities, including translation of information on proposed projects, provision of information through information technology application, oral briefings, and outreach to and dialogue with community organizations and institutions in affected areas. ``(3) Availability on treasury department website of remarks of united states executive directors at meetings of international financial institutions' boards of directors.--The Secretary of the Treasury shall make available on the website of the Department of the Treasury the full record of the remarks of the United States Executive Director at meetings of the Board of Directors of the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (World Bank), and the other international financial institutions (as so defined), about cancellation or reduction of debts owed to the institution involved, with redaction by the Secretary of the Treasury of material deemed too sensitive for public distribution, but showing the topic, amount of material redacted, and reason for the redaction. ``(4) Report from the comptroller general.--Within 1 year after the date of the enactment of this section, the Comptroller General of the United States shall prepare and submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the availability of the ongoing operations, procedures, and accounts of the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (World Bank), and the other international financial institutions (as so defined) for canceling the debt of eligible poor countries. ``(5) Annual reports from the president.--Not later than December 31 of each year, the President shall submit to the Committees on Financial Services and on International Relations of the House of Representatives and the Committees on Foreign Relations and on Banking, Housing, and Urban Affairs of the Senate a report, which shall be made available to the public, on the activities undertaken under this section, and other progress made in accomplishing the purposes of this section, for the prior fiscal year. The report shall include a list of the countries that have received debt cancellation, a list of the countries whose request for such debt cancellation has been denied and the reasons therefor, and a list of the countries whose requests for such debt cancellation are under consideration. ``(b) Promotion of Equitable Burden Sharing.--In order to promote equitable burden sharing by bilateral, multilateral, and private creditors, the Secretary of the Treasury shall commence immediate efforts to ensure that such creditors draw upon their own resources to finance debt reduction to the extent possible without diverting funds from other high-priority poverty alleviation programs. ``(c) Eligible Poor Country Defined.--In this section, the term `eligible poor country' means Angola, Bangladesh, Benin, Bolivia, Botswana, Burkina Faso, Burundi, Cambodia, Cameroon, Central African Republic, Chad, Cote d'Ivoire, Democratic Republic of Congo, Ethiopia, Gambia, Ghana, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Jamaica, Kenya, Lao PDR, Liberia, Madagascar, Malawi, Mali, Mauritania, Morocco, Mozambique, Namibia, Nepal, Nicaragua, Niger, Nigeria, Peru, Philippines, Republic of Congo, Rwanda, Sao Tome and Principe, Senegal, Sierra Leone, South Africa, Tanzania, Togo, Uganda, Vietnam, Yemen, and Zambia, but not if-- ``(1) the government of the country has an excessive level of military expenditures; ``(2) the government of the country has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), or section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)); ``(3) the government of the country is failing to cooperate on international narcotics control matters; ``(4) the government of the country (including its military or other security forces) engages in a consistent pattern of gross violations of internationally recognized human rights; or ``(5) in the case of Haiti, the government of the country has not been elected through free and fair elections.''. SEC. 4. PROHIBITION OF STRUCTURAL ADJUSTMENT PROGRAMS. Title XVI of the International Financial Institutions Act (22 U.S.C. 262p-262p-8) is further amended by adding at the end the following: ``SEC. 1627. PROHIBITION OF STRUCTURAL ADJUSTMENT PROGRAMS. ``(a) Prohibition of Structural Adjustment Conditions.--In order to promote human and economic development and poverty alleviation in eligible poor countries (as defined in section 1626(c)), the Secretary of the Treasury shall commence immediate efforts within the Paris Club of Official Creditors, as well as the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (World Bank), and the other international financial institutions (as defined in section 1701(c)(2)), to ensure that the provision of debt cancellation to the countries is not conditioned on any agreement by such a country to implement or comply with policies that deepen poverty or degrade the environment, including any policy that-- ``(1) implements or extends user fees on primary education or primary health care, including prevention and treatment efforts for HIV/AIDS, tuberculosis, malaria, and infant, child, and maternal well-being; ``(2) provides for increased cost recovery from poor people to finance basic public services such as education, health care, or sanitation; ``(3) would have the effect of increasing the cost to consumers with incomes of less than $2 per day for access to clean drinking water through-- ``(A) decreased public subsidy for water supply, treatment, disposal, distribution, or management; ``(B) reduced intrasectoral or intersectoral subsidization of residential water consumers with incomes of less than $2 per day; ``(C) reduced government ability to regulate; or ``(D) mandated privatization of water; or ``(4) undermines workers' ability to exercise effectively their internationally recognized worker rights, as defined under section 526(e) of the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1995 (22 U.S.C. 262p-4p). ``(b) Annual Reports to the Congress.--Not later than December 31 of each year, the President shall submit to the Committees on Financial Services and on International Relations of the House of Representatives and the Committees on Foreign Relations and on Banking, Housing, and Urban Affairs of the Senate a report, which shall be made available to the public, on the activities undertaken under this section, and other progress made in accomplishing the purposes of this section, for the prior fiscal year.''.

Justice and Understanding By International Loan Elimination and Equity (JUBILEE) Act of 2004 - Amends the International Financial Institutions Act to require the Secretary of the Treasury to commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (World Bank), and other international financial institutions (multilateral development institutions (MDI's)) to accomplish: (1) the cancellation of all debts owed to each institution by specified eligible poor countries, and the financing of such debt cancellation from the institution's ongoing operations, procedures, and accounts; (2) the limitation of any waiting period before receipt of debt cancellation to one month from the date of an eligible poor country's application for it; and (3) encouragement of the government of each eligible poor country to allocate at least 20 percent of its national budget, including the savings from such debt cancellation, for the provision of basic health care services, education services, and clean water services to individuals in the country. Sets forth requirements for: (1) establishment of a framework to ensure transparency regarding each international financial institution's activities; and (2) availability on the Treasury Department's website of U.S. Executive Directors' remarks at meetings of international financial institutions' Boards of Directors. Requires the Secretary to commence immediate efforts, within the Paris Club, the IMF, and other appropriate MDI's, to ensure that the provision of debt cancellation to such countries is not conditioned on any agreement by such a country to implement or comply with specified policies that deepen poverty or degrade the environment.

To provide for the cancellation of debts owed to international financial institutions by poor countries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Identity Protection and Security Act''. SEC. 2. SECURITY FREEZES. The Fair Credit Reporting Act (15 U.S.C. 1601 et seq.) is amended by inserting after section 605B the following: ``SEC. 605C. SECURITY FREEZES. ``(a) In General.--A consumer reporting agency shall place a security freeze on a private information file when requested by the consumer to whom that file relates-- ``(1) by certified mail, ``(2) by telephone by providing certain sensitive personal information, or ``(3) through a secure electronic mail connection if such connection is made available by the consumer reporting agency. ``(b) Timing.--A consumer reporting agency shall place the requested security freeze on the private information file no later than 2 business days after receiving a written or telephone request from the consumer or 24 hours after receiving a secure electronic mail request. ``(c) Confirmation.--Within 2 business days after placing a security freeze on a private information file under subsection (a), the consumer reporting agency that received the request from the consumer shall-- ``(1) send a written confirmation of the security freeze to the consumer; and ``(2) provide to the consumer a unique personal identification number or password to be used by the consumer to authorize access to the private information file or to remove the security freeze on the file. ``(d) Prohibition on Unauthorized Access.--A consumer reporting agency may not grant access to a private information file on which a security freeze has been placed, or release information contained in a such a private information file, except in accordance with the provisions of this section or other Federal law. ``(e) Limited or Temporary Access to Frozen Report.-- ``(1) In general.--Within 3 business days after receiving a request from a consumer upon whose private information file a security freeze has been placed to allow access to that file to a third party, or for a period of time, specified by the consumer, a consumer reporting agency shall make the private information file available in accordance with the request notwithstanding the security freeze. Each consumer reporting agency shall develop procedures involving the use of telephone, facsimile machine, or, upon the consent of the consumer in the manner required by the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.) for notices legally required to be in writing, by the Internet, e-mail, or other electronic medium, to receive and process a request from a consumer to provide limited or temporary access to the private information file under this section in an expedited manner. ``(2) Request requirements.--A consumer reporting agency may not allow access to a private information file under paragraph (1) unless-- ``(A) the request was made by the consumer by telephone, certified mail, or security electronic mail (except as provided in accordance with procedures established pursuant to the second sentence of paragraph (1)); and ``(B) the consumer provides-- ``(i) proper identification, ``(ii) the unique personal identification number or password provided by the consumer reporting agency under this section; and ``(iii) the proper information regarding the third party who is to receive the private information file or the time period for which the file shall be made available. ``(3) Termination not permitted.--A consumer reporting agency may not terminate a security freeze on the basis of a request under paragraph (1) for limited access to a private information file. ``(f) Termination of Security Freeze.-- ``(1) In general.--A consumer reporting agency shall terminate a security freeze on a private information file if-- ``(A) the consumer requests that the security freeze be terminated; or ``(B) the consumer reporting agency-- ``(i) determines that the security freeze was placed on the private information file due to a material misrepresentation of fact by the consumer; and ``(ii) notifies the consumer in writing not less than 5 business days before terminating the security freeze under this subparagraph. ``(2) Termination requests.--Except as provided in paragraph (1)(B), a consumer reporting agency may not terminate a security freeze on a private information file unless the consumer provides-- ``(A) proper identification; and ``(B) the unique personal identification number or password provided by the consumer reporting agency under this section. ``(3) Timing.--A consumer reporting agency shall terminate a security freeze on a private information file within 3 business days after receiving a request that meets the requirements of this subsection from the consumer to whom the file relates. ``(g) Denial of Third Party Requests.-- ``(1) Requests denied due to security freeze.-- Notwithstanding any other provision of law to the contrary, if a third party's request for access to a private information file is denied because there is a security freeze on it, that third party may treat any application in connection with which the request is made as incomplete. ``(2) Notification of consumer.--If a consumer reporting agency denies a third party's request for access to a private information file on which a security freeze has been placed for any purpose other than account review, the consumer reporting agency shall notify the consumer that it denied the request within 1 business day thereafter. The notice shall identify the third party making the request and the stated purpose of the request. ``(h) Exceptions to Security Freeze.--The provisions of this section do not apply to requests for access to a private information file by-- ``(1) a Federal, State, or local law enforcement agency acting within the scope of its authority or pursuant to a court order, warrant, or subpoena; ``(2) a Federal, State, or local agency that administers a program for establishing an enforcing child support obligations; ``(3) a Federal, State, or local health agency or its agents or assignees acting to investigate fraud; ``(4) a Federal, State, or local tax agency, or its agents or assignees, acting to investigate or collect delinquent taxes or unpaid court orders or to fulfill any of its other statutory responsibilities; ``(5) a person, or the person's subsidiary, affiliate, agent, or assignee with which the consumer has or, prior to assignment, had an account, contract, or debtor-creditor relationship for the purposes of reviewing the account or collecting the financial obligation owing for the account, contract, or debt; ``(6) a subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted under paragraph (5) for purposes of facilitating the extension of credit or other permissible use; or ``(7) any person or entity for the purpose of providing a consumer with a copy of his or her private information file upon the consumer's request. ``(i) Notification of Violation.-- ``(1) Notification.--If a consumer reporting agency violates the requirements of this section with respect to access to a private information file, it shall notify the consumer in writing of the violation within 5 business days. The notice shall include a description of the information to which access was granted and the name and address of the third party to whom such access was granted. ``(2) Complaints to consumer protection agencies.--If a private information file on which a security freeze under this section is accessed in violation of this section, the consumer to whom the file relates may file a complaint with the Federal Trade Commission, the attorney general of the State in which the consumer resides, or any other Federal or State consumer protection agency. ``(j) Application to Other Consumer Reporting Agencies.-- ``(1) Notification.--Whenever a consumer reporting agency receives a request from a consumer under this section that meets the requirements of this section to place a security freeze on his or her private information file under subsection (a), to provide temporary or limited access to such a private information file under subsection (e), or to terminate a security freeze on such a private information file under subsection (f), it shall notify (on a secure basis) every other consumer reporting agency in the United States that it knows, or has reason to know, to maintain a private information file on that consumer of the request. ``(2) Compliance by other consumer reporting agencies.--A consumer reporting agency that receives a reported request under paragraph (1) shall comply with the requirements of this section with respect to that request to the same extent and in the same manner as if it had received the request from the consumer. ``(3) Liability.--A consumer reporting agency responding to a notification from another consumer reporting agency under paragraph (1) is liable for any violation of this section with respect to the request to which the notification relates, to the same extent as if it had received the request from the consumer, except that such an agency shall not be liable for any violation attributable to incorrect information provided in the request from the notifying agency. ``(k) Service Fees and Charges.-- ``(1) Fees prohibited.--A consumer reporting agency may not impose a charge or fee for placing a security freeze on a private information file under subsection (a), for providing limited access to a private information file under subsection (e), or for terminating a security freeze on a private information file under subsection (f). ``(2) Replacement identification codes and passwords.--A consumer reporting agency-- ``(A) may not impose a fee for the replacement or reissue of a lost or forgotten personal identification number or password the first time the replacement or reissue is provided to the consumer; but ``(B) may impose a fee of not more than $5 for a second or subsequent replacement or reissue of such a personal identification number or password.''. SEC. 3. DEFINITIONS. Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the following: ``(y) Definitions Relating to Security Freezes.--For purposes of section 605C, the following definitions shall apply: ``(1) Account review.--The term `account review' means any activity related to account maintenance, monitoring, credit line increases, or account upgrades and enhancements. ``(2) Private information file.-- ``(A) In general.--The term `private information file' means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's character, general reputation, personal characteristics, mode of living, employment, or personal financial information to be used in whole or in part for political campaign, charitable solicitation, commercial marketing purposes or as a factor in establishing the consumer's eligibility for-- ``(i) credit or insurance to be used primarily for personal, family, or household purposes; or ``(ii) employment purposes. ``(B) Exclusions.--Except as provided in subparagraph (C), the term `private information file' does not include-- ``(i) any report containing information solely as to transactions or experiences between the consumer and the person making the report; ``(ii) the communication of that information among persons related by common ownership or affiliated by corporate control; or ``(iii) the communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons; ``(iv) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device; or ``(v) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the required disclosures to the consumer under Federal law. ``(C) Restriction on sharing of medical information.--Except for information or any communication of information disclosed as provided in Federal law, the exclusions in subparagraph (B) do not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is-- ``(i) medical information; ``(ii) an individualized list or description based on the payment transactions of the consumer for medical products or services; or ``(iii) an aggregate list of identified consumers based on payment transactions for medical products or services.''. SEC. 4. REGULATIONS. (a) Rulemaking Proceeding.--Within 90 days after the date of enactment of this Act, the Federal Trade Commission shall initiate a rulemaking proceeding to provide rules, guidelines, and criteria for compliance with the requirements of section 605C of the Fair Credit Reporting Act, as added by this Act, including-- (1) rules necessary to implement the provisions of that section 605C that include required contents for a request for a security freeze, criteria for identification verification of the requesting party, and consumer notification requirements to ensure that consumers are aware of their rights under that section; (2) rules to ensure that a request for a security freeze on a private information file, a request from a consumer for limited or temporary access to a private information file, or a requested termination of such a freeze under that section, will be communicated by the consumer reporting agency receiving the request to other consumer reporting agencies, as required by subsection (j) of that section, and implemented by those agencies in a timely manner; and (3) rules to provide for the application of that section in a manner that does not conflict with any other provision of Federal law governing the acquisition, maintenance, disposition, or access to information contained in a private information file. (b) Final Rule.--The Commission shall issue final rules pursuant to the proceeding initiated under subsection (a) within 1 year after the date of enactment of this Act.

Consumer Identity Protection and Security Act - Requires a consumer reporting agency to place a security freeze on a private information file upon consumer request, subject to waiver by such consumer with respect to limited or temporary access to such file to a particular third party. Identifies federal, state, and local agencies permitted access to such frozen information files. Grants the Federal Trade Commission and specified federal agencies enforcement powers for violations of this Act. Empowers the consumer to file a civil action in any court if a consumer reporting agency violates the requirements of this Act. Prohibits a consumer reporting agency from imposing service fees or charges for implementing the consumer security freeze requests authorized under this Act.

A bill to establish procedures for the protection of consumers from misuse of, and unauthorized access to, sensitive personal information contained in private information files maintained by commercial entities engaged in, or affecting, interstate commerce, provide for enforcement of those procedures by the Federal Trade Commission, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Property Rights Act of 1997''. SEC. 2. FINDINGS. The Congress finds that-- (1) the ownership of private property plays an important role in the economic and social well-being of the Nation; (2) the protection of private property from a taking by the Government without just compensation is an integral protection for private citizens incorporated into the United States Constitution by the fifth amendment and made applicable to the States by the fourteenth amendment; (3) Federal agency actions that restrict the use of private property and result in a significant diminution in value of such property constitute a taking of that property and should be properly compensated; (4) Federal agencies should consider the impact of agency actions, including regulations, on the use and ownership of private property; and (5) owners of private property that is taken by a Federal agency action should be permitted to seek relief in Federal district court. SEC. 3. STATEMENT OF POLICY. The policy of the Federal Government is to protect the health, safety, and general welfare of the public in a manner that, to the extent practicable, avoids takings of private property. SEC. 4. DEFINITIONS. For purposes of this Act-- (1) the term ``agency'' means a department, agency, independent agency, or instrumentality of the United States, including any military department, Government corporation, Government-controlled corporation, or other establishment in the executive branch of the United States Government; (2) the term ``agency action'' means any action, inaction, or decision taken by an agency and includes such an action, inaction, or decision taken by, or pursuant to-- (A) a statute, rule, regulation, order, guideline, or policy; or (B) the issuance, denial, or suspension of any permit, license, or authorization; (3) the term ``owner'' means the person with title, possession, or other property rights in property affected by any taking of such property; and (4) the term ``taking of private property'' means any action whereby private property is taken in such a way as to require compensation under the fifth amendment to the United States Constitution. SEC. 5. REQUIREMENT FOR PRIVATE PROPERTY TAKING IMPACT ANALYSIS. (a) In General.--To the fullest extent possible-- (1) the policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies under this Act; and (2) subject to subsection (b), each agency shall complete a private property taking impact analysis before taking any agency action (including the promulgation of a regulation) which is likely to result in a taking of private property. (b) Nonapplication.--Subsection (a)(2) shall not apply to-- (1) an action in which the power of eminent domain is formally exercised; (2) an action taken-- (A) with respect to property held in trust by the United States; or (B) in preparation for, or in connection with, treaty negotiations with foreign nations; (3) a law enforcement action, including seizure, for a violation of law, of property for forfeiture or as evidence in a criminal proceeding; (4) a communication between an agency and a State or local land-use planning agency concerning a planned or proposed State or local activity that regulates private property, regardless of whether the communication is initiated by an agency or is undertaken in response to an invitation by the State or local authority; (5) the placement of a military facility or a military activity involving the use of solely Federal property; (6) any military or foreign affairs function (including a procurement function under a military or foreign affairs function), but not including the civil works program of the Army Corps of Engineers; and (7) any case in which there is an immediate threat to health or safety that constitutes an emergency requiring immediate response or the issuance of a regulation under section 553(b)(B) of title 5, United States Code, if the taking impact analysis is completed after the emergency action is carried out or the regulation is published. (c) Content of Analysis.--A private property taking impact analysis shall be a written statement that includes-- (1) the specific purpose of the agency action; (2) an assessment of the likelihood that a taking of private property will occur under such agency action; (3) an evaluation of whether such agency action is likely to require compensation to private property owners; (4) alternatives to the agency action that would-- (A) achieve the intended purposes of the agency action; and (B) lessen the likelihood that a taking of private property will occur; and (5) an estimate of the potential liability of the Federal Government if the Government is required to compensate a private property owner as a result of the agency action. (d) Submission to OMB.--Each agency shall provide the analysis required under this section as part of any submission otherwise required to be made to the Office of Management and Budget relating to an agency action. (e) Public Availability of Analysis.--An agency shall-- (1) make each private property taking impact analysis available to the public; and (2) to the greatest extent practicable, transmit a copy of such analysis to the owner and any other person with a property right or interest in the affected property. SEC. 6. ALTERNATIVES TO TAKING OF PRIVATE PROPERTY. Before taking any final agency action, the agency shall fully consider alternatives described in section 5(c)(4) and shall, to the maximum extent practicable, alter the action to avoid or minimize the taking of private property. SEC. 7. CIVIL ACTION. (a) Standing.--If an agency action results in the taking of private property, the owner of such property may obtain appropriate relief in a civil action against the agency that has caused the taking to occur. (b) Jurisdiction.--Notwithstanding sections 1346 or 1491 of title 28, United States Code-- (1) a civil action against the agency may be brought in either the United States District Court in which the property at issue is located or in the United States Court of Federal Claims, regardless of the amount in controversy; and (2) if property is located in more than 1 judicial district, the claim for relief may be brought in any district in which any part of the property is located. SEC. 8. GUIDANCE AND REPORTING REQUIREMENTS. (a) Guidance.--The Attorney General shall provide legal guidance in a timely manner, in response to a request by an agency, to assist the agency in complying with this Act. (b) Reports.-- (1) In general.--Not later than 1 year after the date of enactment of this Act and at the end of each 1-year period thereafter, each agency shall submit a report to the Director of the Office of Management and Budget and the Attorney General that identifies-- (A) each agency action that has resulted in the preparation of a taking impact analysis; (B) the filing of a taking claim; and (C) any award of compensation pursuant to the just compensation clause of the fifth amendment to the Constitution. (2) Publication of reports.--The Director of the Office of Management and Budget and the Attorney General shall publish in the Federal Register, on an annual basis, a compilation of the reports of all agencies made under this paragraph. SEC. 9. PRESUMPTIONS IN PROCEEDINGS. For the purpose of any agency action or administrative or judicial proceeding, there shall be a rebuttable presumption that the costs, values, and estimates in any private property takings impact analysis shall be outdated and inaccurate, if-- (1) such analysis was completed 5 years or more before the date of such action or proceeding; and (2) such costs, values, or estimates have not been modified within the 5-year period preceding the date of such action or proceeding. SEC. 10. RULES OF CONSTRUCTION. Nothing in this Act shall be construed to-- (1) limit any right or remedy, constitute a condition precedent or a requirement to exhaust administrative remedies, or bar any claim of any person relating to such person's property under any other law, including claims made under this Act, section 1346 or 1402 of title 28, United States Code, or chapter 91 of title 28, United States Code; or (2) constitute a conclusive determination of-- (A) the value of any property for purposes of an appraisal for the acquisition of property, or for the determination of damages; or (B) any other material issue. SEC. 11. EFFECTIVE DATE. This Act shall take effect 120 days after the date of enactment of this Act.

Private Property Rights Act of 1997 - States that the policy of the Federal Government is to protect the health, safety, and welfare of the public in a manner that, to the extent practicable, avoids takings of private property. (Sec. 5) Directs each Federal agency to complete a private property taking impact analysis before taking any agency action (including the promulgation of a regulation) which is likely to result in a taking of private property. Exempts from such requirement certain: (1) actions in which the power of eminent domain is formally exercised; (2) any action taken with respect to property held in trust by the United States or in connection with treaty negotiations; (3) law enforcement actions; (4) communications between a Federal agency and a State or local land-use planning agency about a proposed State or local activity regulating private property; (5) military activities or military or foreign affairs functions; and (6) emergencies involving immediate threats to health or safety. Requires that the policies, regulations, and public laws of the United States be interpreted and administered in accordance with the policies under this Act. Specifies the content of such an analysis and requires a copy to be transmitted to the owner of the affected property, as well as made available to the public. Requires each agency to provide the analysis required under this Act as part of any submission otherwise required to be made to the Office of Management and Budget (OMB) relating to an agency action. (Sec. 6) Requires the agency, before taking any final agency action, to fully consider alternatives described in this Act, and to the maximum extent practicable, alter the action to avoid or minimize the taking of private property. (Sec. 7) Allows the owner of private property, if an agency action results in the taking of such property, to obtain appropriate relief in a civil action against the agency that has caused the taking to occur. Provides for a civil action against the agency to be brought: (1) in either the U.S. District Court in which the property at issue is located or in the U.S. Court of Federal Claims (currently), regardless of the amount in controversy; and (2) if the property is located in more than one judicial district, in any district in which any part of the property is located. (Sec. 8) Directs the Attorney General to provide legal guidance in a timely manner, in response to a request by an agency, to assist it in complying with this Act. Requires annual reports by each agency to the OMB Director and Attorney General identifying each agency action that has resulted in the preparation of a taking impact analysis, the filing of a taking claim, and any award of compensation pursuant to the Just Compensation Clause of the fifth amendment to the Constitution. (Sec. 9) Creates a rebuttable presumption that unmodified analyses five years or older are outdated for purposes of any agency action or administrative or judicial proceeding.

Private Property Rights Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Third Higher Education Extension Act of 2007''. SEC. 2. EXTENSION OF PROGRAMS. Section 2(a) of the Higher Education Extension Act of 2005 (Public Law 109-81; 20 U.S.C. 1001 note) is amended by striking ``October 31, 2007'' and inserting ``March 31, 2008''. SEC. 3. RULE OF CONSTRUCTION. Nothing in this Act, or in the Higher Education Extension Act of 2005 as amended by this Act, shall be construed to limit or otherwise alter the authorizations of appropriations for, or the durations of, programs contained in the amendments made by the Higher Education Reconciliation Act of 2005 (Public Law 109-171) or by the College Cost Reduction and Access Act (Public Law 110-84) to the provisions of the Higher Education Act of 1965 and the Taxpayer-Teacher Protection Act of 2004. SEC. 4. DEFINITION OF ELIGIBLE NOT-FOR-PROFIT HOLDER. Section 435(p) of the Higher Education Act of 1965 (20 U.S.C. 1085(p)) is amended-- (1) in paragraph (1), by striking subparagraph (D) and inserting the following: ``(D) acting as a trustee on behalf of a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C), regardless of whether such State, political subdivision, authority, agency, instrumentality, or other entity is an eligible lender under subsection (d).''; and (2) in paragraph (2)-- (A) in subparagraph (A)(i), by striking subclause (II) and inserting the following: ``(II) is acting as a trustee on behalf of a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C) of paragraph (1), regardless of whether such State, political subdivision, authority, agency, instrumentality, or other entity is an eligible lender under subsection (d), and such State, political subdivision, authority, agency, instrumentality, or other entity, on the date of enactment of the College Cost Reduction and Access Act, was the sole beneficial owner of a loan eligible for any special allowance payment under section 438.''; (B) in subparagraph (A)(ii), by inserting ``of'' after ``waive the requirements''; (C) by amending subparagraph (B) to read as follows: ``(B) No for-profit ownership or control.-- ``(i) In general.--No State, political subdivision, authority, agency, instrumentality, or other entity described in paragraph (1)(A), (B), or (C) shall be an eligible not-for-profit holder under this Act if such State, political subdivision, authority, agency, instrumentality, or other entity is owned or controlled, in whole or in part, by a for-profit entity. ``(ii) Trustees.--A trustee described in paragraph (1)(D) shall not be an eligible not-for-profit holder under this Act with respect to a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C) of paragraph (1), regardless of whether such State, political subdivision, authority, agency, instrumentality, or other entity is an eligible lender under subsection (d), if such State, political subdivision, authority, agency, instrumentality, or other entity is owned or controlled, in whole or in part, by a for-profit entity.''; (D) by amending subparagraph (C) to read as follows: ``(C) Sole ownership of loans and income.--No State, political subdivision, authority, agency, instrumentality, trustee, or other entity described in paragraph (1)(A), (B), (C), or (D) shall be an eligible not-for-profit holder under this Act with respect to any loan, or income from any loan, unless-- ``(i) such State, political subdivision, authority, agency, instrumentality, or other entity is the sole beneficial owner of such loan and the income from such loan; or ``(ii) such trustee holds the loan on behalf of a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C) of paragraph (1), regardless of whether such State, political subdivision, authority, agency, instrumentality, or other entity is an eligible lender under subsection (d), and such State, political subdivision, authority, agency, instrumentality, or other entity is the sole beneficial owner of such loan and the income from such loan.''; (E) in subparagraph (D), by striking ``an entity described in described in paragraph (1)(A), (B), or (C)'' and inserting ``a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C) of paragraph (1), regardless of whether such State, political subdivision, authority, agency, instrumentality, or other entity is an eligible lender under subsection (d),''; and (F) by amending subparagraph (E) to read as follows: ``(E) Rule of construction.--For purposes of subparagraphs (A), (B), (C), and (D) of this paragraph, a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C) of paragraph (1), regardless of whether such State, political subdivision, authority, agency, instrumentality, or other entity is an eligible lender under subsection (d), shall not-- ``(i) be deemed to be owned or controlled, in whole or in part, by a for-profit entity; or ``(ii) lose its status as the sole owner of a beneficial interest in a loan and the income from a loan, by such State, political subdivision, authority, agency, instrumentality, or other entity, or by the trustee described in paragraph (1)(D), granting a security interest in, or otherwise pledging as collateral, such loan, or the income from such loan, to secure a debt obligation for which such State, political subdivision, authority, agency, instrumentality, or other entity is the issuer of the debt obligation.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Third Higher Education Extension Act of 2007 - Amends the Higher Education Extension Act of 2005 to extend the programs under the Higher Education Act of 1965 through March 31, 2008. Amends the Higher Education Act of 1965 to consider trustees acting on behalf of certain governmental or tax-exempt entities as eligible nonprofit holders of Federal Family Education Loans (FFELs), regardless of whether or not such entities are eligible FFEL lenders.

A bill to temporarily extend the programs under the Higher Education Act of 1965, to amend the definition of an eligible not-for-profit holder, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Election Integrity Act of 2004'' . SEC. 2. REQUIRING PROOF OF CITIZENSHIP TO ACCOMPANY APPLICATION FOR VOTER REGISTRATION. (a) Application Provided With Motor Vehicle License Application.-- Section 5(c)(2) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg--3(c)(2)) is amended-- (1) in subparagraph (B), by striking ``may require'' and inserting ``in addition to the information required under subparagraph (E), may require''; (2) by striking ``and'' at the end of subparagraph (D); (3) by redesignating subparagraph (E) as subparagraph (F); and (4) by inserting after subparagraph (D) the following new subparagraph: ``(E) shall require the applicant to provide a photographic copy of any document which provides proof that the applicant is a citizen of the United States, in accordance with guidelines established by the Election Administration Commission in consultation with the Secretary of Homeland Security and the Secretary of State.''. (b) Mail-In Form.--Section 9(b) of such Act (42 U.S.C. 1973gg-- 7(b)) is amended-- (1) in paragraph (1), by striking ``may require'' and inserting ``consistent with paragraph (5), may require''; (2) by striking ``and'' at the end of paragraph (3); (3) by striking the period at the end of paragraph (4) and inserting ``; and''; and (4) by adding at the end the following new paragraph: ``(5) shall require the applicant to provide a photographic copy of any document which provides proof that the applicant is a citizen of the United States, in accordance with guidelines established by the Election Administration Commission in consultation with the Secretary of Homeland Security and the Secretary of State.''. (c) Special Rules for States Without Registration Requirement and States Permitting Same-Day Registration.-- (1) In general.--Section 8 of such Act (42 U.S.C. 1973gg-- 6) is amended-- (A) by redesignating subsection (j) as subsection (k); and (B) by inserting after subsection (i) the following new subsection: ``(j) Requirement for Proof of Citizenship in States Without Registration Requirement and States Permitting Same-Day Registration.-- ``(1) States without registration requirement.--In the case of a State described in section 4(b)(1), the appropriate State or local election official may not provide any individual with a ballot for an election for Federal office (including an absentee ballot) unless the individual provides the official with a photographic copy of any document which provides proof that the individual is a citizen of the United States, in accordance with guidelines established by the Election Administration Commission in consultation with the Secretary of Homeland Security and the Secretary of State. ``(2) States permitting same-day registration.--In the case of a State described in section 4(b)(2), the appropriate State or local election official may not permit any individual to register to vote in an election for Federal office (including an individual who desires to register to vote at the polling place at the time of voting in the election) unless the individual provides the official with a photographic copy of any document which provides proof that the individual is a citizen of the United States, in accordance with guidelines established by the Election Administration Commission in consultation with the Secretary of Homeland Security and the Secretary of State.''. (2) Conforming amendment.--Section 4(b) of such Act (42 U.S.C. 1973gg-2(b)) is amended by striking ``This Act'' and inserting ``Except as provided in section 8(j), this Act''. SEC. 3. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION. (a) In General.--Section 303(b) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)) is amended-- (1) in the heading, by striking ``for Voters Who Register by Mail'' and inserting ``for Providing Photo Identification''; and (2) by striking paragraphs (1) through (3) and inserting the following: ``(1) Individuals voting in person.--Notwithstanding any other provision of law, the appropriate State or local election official may not provide a ballot for an election for Federal office (including a provisional ballot under section 302(a)) to an individual who desires to vote in person unless the individual presents to the official a current and valid photo identification. ``(2) Individuals voting by mail.--Notwithstanding any other provision of law, the appropriate State or local election official may not accept any ballot for an election for Federal office provided by an individual who votes by mail unless the individual submits with the ballot a copy of a current and valid photo identification.''. (b) Conforming Amendments.--Section 303 of such Act (42 U.S.C. 15483) is amended-- (1) in the heading, by striking ``for voters who register by mail'' and inserting ``for providing photo identification''; and (2) in subsection (c), by striking ``subsections (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II)'' and inserting ``subsection (a)(5)(A)(i)(II)''. (c) Clerical Amendment.--The table of contents of such Act is amended by amending the item relating to section 303 to read as follows: ``Sec. 303. Computerized statewide voter registration list requirements and requirements for providing photo identification.''. (d) Effective Date.--Section 303(d) of such Act (42 U.S.C. 15483(d)) is amended to read as follows: ``(d) Requirement to Provide Photo Identification.--Subsection (b) shall apply with respect to the regularly scheduled general election for Federal office held in November 2004 and each succeeding election for Federal office.''. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act shall apply with respect to the regularly scheduled general election for Federal office held in November 2004 and each succeeding election for Federal office.

Federal Election Integrity Act of 2004 - Amends the National Voter Registration Act of 1993 to require any individual who desires to register or re-register to vote in an election for Federal office to provide the appropriate State election official with proof that the individual is a U.S. citizen. Requires proof of citizenship in States without registration requirement and States permitting same day registration. Amends the Help America Vote Act of 2002 to prohibit the appropriate State or local election official from: (1) providing a ballot for an election for Federal office to an individual who desires to vote in person unless the individual presents to the official a current and valid photo ID; or (2) accepting any ballot of an individual voting by mail without a copy of a current photo ID.

To amend the National Voter Registration Act of 1993 to require any individual who desires to register or re-register to vote in an election for Federal office to provide the appropriate State election official with proof that the individual is a citizen of the United States to prevent fraud in Federal elections, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Debbie Smith Act''. SEC. 2. AUTHORIZATION OF GRANTS FOR TRAINING IN THE HANDLING OF SEXUAL ASSAULT CASES. (a) Authorization of Grants.--The Attorney General may make grants to eligible States for use by the State to carry out sexual assault nurse examiner programs and to train law enforcement personnel and first responders in the handling of sexual assault cases and the collection and use of DNA samples for use as forensic evidence. (b) Eligibility.--For a State to be eligible to receive a grant under this section, the chief executive officer of the State shall submit to the Attorney General an application in such form and containing such information as the Attorney General may require. The application shall include a certification that the State shall comply with the quality assurance standards for collecting and processing samples issued by the Director of the Federal Bureau of Investigation under section 210303 of the DNA Identification Act of 1994. (c) Restrictions on Use of Funds.-- (1) Nonsupplanting.--Funds made available pursuant to this section shall not be used to supplant State funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State sources for the purposes of this Act. (2) Administrative costs.--A State may not use more than 3 percent of the funds it receives from this section for administrative expenses. (d) Reports to the Attorney General.--Each State which receives a grant under this section shall submit to the Attorney General, for each year in which funds from a grant received under this section is expended, a report at such time and in such manner as the Attorney General may reasonably require, which contains-- (1) a summary of the activities carried out under the grant and an assessment of whether such activities are meeting the needs identified in the application; and (2) such other information as the Attorney General may require. (e) Reports to Congress.--Not later than 90 days after the end of each fiscal year for which grants are made under this section, the Attorney General shall submit to the Congress a report that includes-- (1) the aggregate amount of grants made under this section to each State for such fiscal year; and (2) a summary of the information provided by States receiving grants under this section. (f) Expenditure Records.-- (1) In general.--Each State which receives a grant under this section shall keep records as the Attorney General may require to facilitate an effective audit of the receipt and use of grant funds received under this section. (2) Access.--Each State which receives a grant under this section shall make available, for the purpose of audit and examination, such records as are related to the receipt or use of any such grant. (g) Definition.--For purposes of this section, the term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (h) Authorization of Appropriations.--Amounts are authorized to be appropriated to the Attorney General for grants under subsection (a)-- (1) $150,000,000 for fiscal year 2002; (2) $30,000,000 for fiscal year 2003; and (3) $30,000,000 for fiscal year 2004. SEC. 3. QUALITY ASSURANCE STANDARDS FOR FORENSIC EVIDENCE COLLECTION KITS. Section 210303 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14131) is amended-- (1) in subsection (a)(1)(C)-- (A) by striking ``including standards for testing'' and inserting ``including standards for-- ``(i) testing''; (B) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new clause: ``(ii) collecting and processing, for use as forensic evidence, samples on which DNA analysis may be carried out.''; and (2) in subsection (a)(2)-- (A) by striking ``including standards for testing'' and inserting ``including standards for-- ``(A) testing''; (B) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(B) collecting and processing, for use as forensic evidence, samples on which DNA analysis may be carried out.''. SEC. 4. AUTHORIZATION OF GRANTS TO CARRY OUT DNA ANALYSES OF SAMPLES FROM CRIME SCENES. (a) Authorization of Grants.--The Attorney General may make grants to eligible States for use by the State to carry out, for inclusion in the Combined DNA Index System of the Federal Bureau of Investigation, DNA analyses of samples from crime scenes. (b) Eligibility.--For a State to be eligible to receive a grant under this section, the chief executive officer of the State shall submit to the Attorney General an application in such form and containing such information as the Attorney General may require. The application shall-- (1) provide assurances that the State has a plan in place, to be fully effective not later than five years after the date of such application, under which, for each sample specified in subsection (a), DNA analysis is carried out on the sample not later than 10 days after the sample was obtained; and (2) include a certification that each DNA analysis carried out under the plan shall be maintained pursuant to the privacy requirements described in section 210304(b)(3) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14132(b)(3)). (c) Restrictions on Use of Funds.-- (1) Nonsupplanting.--Funds made available pursuant to this section shall not be used to supplant State funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State sources for the purposes of this Act. (2) Administrative costs.--A State may not use more than 3 percent of the funds it receives from this section for administrative expenses. (d) Reports to the Attorney General.--Each State which receives a grant under this section shall submit to the Attorney General, for each year in which funds from a grant received under this section is expended, a report at such time and in such manner as the Attorney General may reasonably require, which contains-- (1) a summary of the activities carried out under the grant and an assessment of whether such activities are meeting the needs identified in the application; and (2) such other information as the Attorney General may require. (e) Reports to Congress.--Not later than 90 days after the end of each fiscal year for which grants are made under this section, the Attorney General shall submit to the Congress a report that includes-- (1) the aggregate amount of grants made under this section to each State for such fiscal year; and (2) a summary of the information provided by States receiving grants under this section. (f) Expenditure Records.-- (1) In general.--Each State which receives a grant under this section shall keep records as the Attorney General may require to facilitate an effective audit of the receipt and use of grant funds received under this section. (2) Access.--Each State which receives a grant under this section shall make available, for the purpose of audit and examination, such records as are related to the receipt or use of any such grant. (g) Definition.--For purposes of this section, the term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (h) Authorization of Appropriations.--Amounts are authorized to be appropriated to the Attorney General for grants under subsection (a)-- (1) $100,000,000 for fiscal year 2002; (2) $50,000,000 for fiscal year 2003; and (3) $50,000,000 for fiscal year 2004.

Debbie Smith Act - Authorizes the Attorney General to make grants to eligible States to carry out sexual assault nurse examiner programs and to train law enforcement personnel and first responders in the handling of sexual assault cases and the collection and use of DNA samples for forensic evidence.Provides that for a State to be eligible to receive a grant, the chief executive officer of the State shall submit to the Attorney General an application which shall include a certification that the State shall comply with specified quality assurance standards.Sets forth provisions regarding restrictions on the use of funds and expenditure records.Amends the Violent Crime Control and Law Enforcement Act of 1994 to require the Director of the Federal Bureau of Investigation (FBI) to issue (and revise periodically) standards for collecting and processing, for use as forensic evidence, samples on which DNA analysis may be carried out.Authorizes the Attorney General to make grants to eligible States to carry out DNA analyses of samples from crime scenes for inclusion in the FBI's Combined DNA Index System. Sets forth provisions regarding State eligibility, restrictions on uses of funds, and expenditure records.

To make grants to train sexual assault nurse examiners, law enforcement personnel, and first responders in the handling of sexual assault cases, to establish minimum standards for forensic evidence collection kits, to carry out DNA analyses of samples from crime scenes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Spending Control Act of 2004''. SEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS. (a) Discretionary Spending Limits.--(1) Section 251(c)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting a dash after ``2005'', by redesignating the remaining portion of such paragraph as subparagraph (B) and by moving it two ems to the right, and by inserting after the dash the following new subparagraph: ``(A) for the general purpose discretionary category: $____ in new budget authority and $____ in outlays; and''. (2) Section 251(c)(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting a dash after ``2006'', by redesignating the remaining portion of such paragraph as subparagraph (B) and by moving it two ems to the right, and by inserting after the dash the following new subparagraph: ``(A) for the general purpose discretionary category: $____ in new budget authority and $____ in outlays; and''. (3) Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by redesignating paragraphs (4) through (9) as paragraphs (7) through (12) and inserting after paragraph (3) the following new paragraphs: ``(4) with respect to fiscal year 2007 for the general purpose discretionary category: $____ in new budget authority and $____ in outlays; ``(5) with respect to fiscal year 2008 for the general purpose discretionary category: $____ in new budget authority and $____ in outlays; and ``(6) with respect to fiscal year 2009 for the general purpose discretionary category: $____ in new budget authority and $____ in outlays;''. (b) Advance Appropriations.--Section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subsection: ``(d) Advance Appropriations.--In any of fiscal years 2005 through 2009, discretionary advance appropriations provided in appropriation Acts in excess of $____ shall be counted against the discretionary spending limits for the fiscal year for which the appropriation Act containing the advance appropriation is enacted.''. SEC. 3. EXTENSION OF PAY-AS-YOU-GO REQUIREMENT. (a) Purpose.--Section 252(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``(a) Purpose.--The purpose of this section is to assure that any legislation that is enacted before October 1, 2009, that causes a net increase in direct spending will trigger an offsetting sequestration.''. (b) Timing.--Section 252(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``any net deficit increase'' and all that follows through ``2002,'' and by inserting ``any net increase in direct spending enacted before October 1, 2009,''. (c) Calculation of Direct Spending Increase.--Section 252(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) by striking ``deficit'' the first place it appears and inserting ``direct spending''; (2) in subparagraph (A) by striking ``and receipts''; (3) in subparagraph (C) by striking ``and receipts''; and (4) by amending the heading to read as follows: ``Calculation of direct spending increase.--''. (d) Conforming Amendments.--(1) The heading of section 252(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``Eliminating a Direct Spending Increase.-- ''. (2) Paragraphs (1), (2), and (4) of section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended by striking ``or receipts'' each place it appears. (3) Section 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``or receipts'' and by striking ``, outlays, and receipts'' and inserting ``and outlays''. (4) Section 254(c)(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (A) in subparagraph (A) by striking ``net deficit increase or decrease'' and by inserting ``net increase or decrease in direct spending''; (B) in subparagraph (B) by striking ``amount of deficit increase or decrease'' and by inserting ``increase or decrease in direct spending''; and (C) in subparagraph (C) by striking ``a deficit increase'' and by inserting ``an increase in direct spending''. SEC. 4. DEFINITIONS. (a) In General.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraphs: ``(20) The term `advance appropriation' means appropriations that first become available one fiscal year or more beyond the fiscal year for which an appropriation Act making such funds available is enacted. ``(21)(A) Except as provided by subparagraph (B), the term `emergency requirement' means any provision that provides new budget authority and resulting outlays for a situation that poses a threat to life, property, or national security and is-- ``(i) sudden, quickly coming into being, and not building up over time; ``(ii) an urgent, pressing, and compelling need requiring immediate action; ``(iii) subject to subparagraph (B), unforeseen, unpredictable, and unanticipated; and ``(iv) not permanent, temporary in nature. ``(B) An emergency that is part of an aggregate level of anticipated emergencies, particularly when normally estimated in advance, is not unforeseen.''. (b) Contingency Operations Related to Global War on Terrorism.-- Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subparagraph: ``(I) Contingency operations related to global war on terrorism.--If supplemental appropriations for discretionary accounts are enacted for contingency operations related to the global war on terrorism that, pursuant to this subparagraph, the President designates as a contingency operation related to the global war on terrorism and the Congress so designates in statute, the adjustment shall be the total of such appropriations in discretionary accounts so designated and the outlays flowing in all fiscal years from such appropriations.''. (c) Conforming Amendment.--The second sentence of section 250(c)(4)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``The general purpose discretionary category shall consist of accounts designated in the joint explanatory statement of managers accompanying the conference report on the Spending Control Act of 2004.''. SEC. 5. PROJECTIONS UNDER SECTION 257. Section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after paragraph (6) the following new paragraph: ``(7) Emergencies.--New budgetary resources designated under section 251(b)(2)(A) or 251(b)(2)(I) shall not be assumed beyond the fiscal year for which they have been enacted.''. SEC. 6. EXCEPTION FOR OUTLAY COMPONENTS OF EXPIRING RECEIPTS LEGISLATION. Section 252(d)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``and'' at the end of subparagraph (A), by striking the period and inserting ``; and'' at the end of subparagraph (B), and by adding at the end the following new subparagraph: ``(C) extending provisions in the Economic Growth and Tax Relief Reconciliation Act of 2001 or provisions in sections 101 through 104, section 202, or sections 301 and 302 of the Jobs and Growth Tax Relief Reconciliation Act of 2003.''. SEC. 7. REPORTS. Subsections (c)(2) and (f)(2)(A) of section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended by striking ``2002'' and inserting ``2009''. SEC. 8. EXPIRATION. Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``2002'' and inserting ``2009'' and by striking ``2006'' and inserting ``2013''. SEC. 9. TECHNICAL CORRECTIONS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985. Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows: (1) In section 250(a), strike ``SEC. 256. GENERAL AND SPECIAL SEQUESTRATION RULES'' and insert ``Sec. 256. General and special sequestration rules'' in the item relating to section 256. (2) In subparagraphs (F), (G), (H), (I), (J), and (K) of section 250(c)(4), insert ``subparagraph'' after ``described in'' each place it appears. (3) In section 250(c)(18), insert ``of'' after ``expenses''. (4) In section 251(b)(1)(A), strike ``committees'' the first place it appears and insert ``Committees''. (5) In section 251(b)(1)(C)(i), strike ``fiscal years'' and insert ``fiscal year''. (6) In section 251(b)(1)(D)(ii), strike ``fiscal years'' and insert ``fiscal year''. (7) In section 252(b)(2)(B), insert ``the'' before ``budget year''. (8) In section 252(c)(1)(C)(i), strike ``paragraph (1)'' and insert ``subsection (b)''. (9) In section 254(c)(3)(A), strike ``subsection'' and insert ``section''. (10) In section 254(f)(4), strike ``subsection'' and insert ``section'' and strike ``sequesterable'' and insert ``sequestrable''. (11) In section 255(g)(1)(B), move the fourteenth undesignated clause 2 ems to the right. (12) In section 255(g)(2), insert ``and'' after the semicolon at the end of the next-to-last undesignated clause. (13) In section 255(h)-- (A) strike ``and'' after the semicolon in the ninth undesignated clause; (B) insert ``and'' after the semicolon at the end of the tenth undesignated clause; and (C) strike the semicolon at the end and insert a period. (14) In section 256(k)(1), strike ``paragraph (5)'' and insert ``paragraph (6)''. (15) In section 257(b)(2)(A)(i), strike ``differenes'' and insert ``differences''.

Spending Control Act of 2004 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to establish for FY 2005 through 2009 unspecified discretionary spending limits (spending caps) for the general purpose discretionary category in new budget authority and outlays. Provides that, in any of such fiscal years, discretionary advance appropriations provided in appropriation Acts in excess of an unspecified amount shall be counted against the discretionary spending limits for the fiscal year for which the appropriation Act containing the advance appropriation is enacted. Extends PAY-AS-YOU-GO requirements through FY 2009 to provide for an offsetting sequestration for direct spending (currently, direct spending and receipts) legislation that is enacted before October 1, 2009, that causes a net increase in direct spending (currently, net deficit increase). Modifies the formula used to calculate the amount of direct spending (currently, deficit) increase to exclude receipts. Provides that, if supplemental appropriations for discretionary accounts are enacted for contingency operations related to the global war on terrorism that the President designates and Congress so designates in statute, the adjustment shall be the total of such appropriations in discretionary accounts so designated and the outlays flowing in all fiscal years from them. States that the general purpose discretionary category shall consist of accounts designated in the joint explanatory statement of managers accompanying the conference report on this Act. Makes revisions to the baseline calculation for discretionary appropriations to prohibit the assumption beyond the fiscal year for which they have been enacted of any new budget resources designated by the President and by Congress in statute for emergency appropriations or for supplemental appropriations for contingency operations related to global war on terrorism. Requires the Office of Management and Budget (OMB) cost estimates on direct spending or receipts legislation to exclude any amount resulting from extending provisions in the Economic Growth and Tax Relief Reconciliation Act of 2001 or in the Growth Tax Relief Reconciliation Act of 2003 relating to certain individual tax rate reductions, tax benefits to children, and marriage penalty relief. Requires the estimates set forth in the discretionary sequestration preview reports and such final reports issued by OMB and the Congressional Budget Office to include the current year and each subsequent year through FY 2009. Extends: (1) certain budget enforcement requirements through FY 2009; and (2) PAY-AS-YOU-GO requirements through FY 2013.

To amend part C of the Balanced Budget and Emergency Deficit Control Act of 1985 to extend the discretionary spending limits and pay-as-you-go through fiscal year 2009.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Living Wage Act''. SEC. 2. INCREASE IN EARNED INCOME TAX CREDIT. (a) General Rule.--Subsections (a) and (b) of section 32 of the Internal Revenue Code of 1986 (relating to earned income tax credit) are amended to read as follows: ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the credit percentage of so much of the earned income for the taxable year as does not exceed $8,000. ``(2) Limitation.--The amount of the credit allowable to a taxpayer under this subsection for any taxable year shall not exceed the excess (if any) of-- ``(A) the credit percentage of $8,000, over ``(B) the phaseout percentage of so much of the adjusted gross income (or, if greater, the earned income) of the taxpayer for the taxable year as exceeds $10,000. ``(b) Percentages.--For purposes of subsection (a)-- ``(1) Credit percentage.-- ``(A) In general.--The credit percentage is the percentage equal to the sum of-- ``(i) 20 percent, ``(ii) 5 percent for each school age qualifying child, plus ``(iii) 10 percent for each preschool age qualifying child. ``(B) Not more than 4 children taken into account.--Not more than 4 children shall be taken into account under subparagraph (A), and preschool age qualifying children shall be taken into account before any other children are taken into account. ``(2) Phaseout percentage.-- ``(A) Phasedown to minimum benefit.-- ``(i) In general.--The phaseout percentage is the percentage determined in accordance with the following table: ``If the combination of qualifying children taken into account under The phaseout paragraph (1) is-- percentage is-- 1 S................. 13 2 S, or 1 P......... 14 3 S, or 1 S and 1 P. 15 4 S, or 2 S and 1 P, 16 or 2 P. 3 S and 1 P, or 1 S 17 and 2 P. 2 S and 2 P, or 3 P. 18 1 S and 3 P......... 19 4 P................. 20. ``(ii) Symbols used in table.--For purposes of clause (i)-- ``(I) S means school age qualifying child, and ``(II) P means preschool age qualifying child. ``(B) Minimum benefit for taxpayers with incomes below $50,000.--Except as provided in subparagraph (C), subparagraph (A) shall not apply so as to reduce the credit allowed by this section to a taxpayer to less than the minimum benefit determined in accordance with the following table: ``If the phaseout percentage The minimum applicable to the taxpayer is-- benefit is-- 13..................... $200 14..................... 400 15..................... 600 16..................... 800 17..................... 1,000 18..................... 1,200 19..................... 1,400 20..................... 1,600. ``(C) Phaseout of minimum benefit.--If the adjusted gross income (or, if greater, the earned income) of the taxpayer for the taxable year exceeds $50,000, the minimum benefit determined under subparagraph (B) shall be reduced by 15 percent of such excess. ``(3) Special rules for individual whose only children have attained age 16.--For purposes of this section, in the case of an individual who is an eligible individual solely by reason of children each of whom has attained age 16 as of the close of the taxable year-- ``(A) the credit percentage shall be 20 percent, ``(B) the phaseout percentage shall be 12 percent, and ``(C) subparagraphs (B) and (C) of paragraph (2) shall not apply.'' (b) Preschool Age and School Age Qualifying Children Defined.-- Subsection (c) of section 32 of such Code is amended by adding at the end the following new paragraph: ``(4) Preschool age and school age qualifying children.-- ``(A) Preschool age qualifying child.--The term `preschool age qualifying child' means any qualifying child who has not attained age 6 as of the close of the taxable year. ``(B) School age qualifying child.--The term `school age qualifying child' means any qualifying child who has attained age 6 but not age 16 as of the close of the taxable year.'' (c) Advance Payment Provisions.-- (1) Subsection (b) of section 3507 of such Code is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by inserting after paragraph (3) the following new paragraph: ``(4) states the number and ages of qualifying children (as defined in section 32(c)) of the employee for the taxable year.'' (2) Paragraph (2) of section 3507(c) of such Code is amended-- (A) in subparagraph (B)(i), by striking ``(without regard to subparagraph (D)'' and by striking ``section 32(a)(1)'' and inserting ``section 32(a)'', (B) in subparagraph (B)(ii), by striking ``section 32(b)(1)(B)(ii)'' and inserting ``section 32(a)(2)'' and by striking ``section 32(a)(1)'' and inserting ``section 32(a)'', and (C) by adding at the end the following new sentence: ``For purposes of this paragraph, the credit percentage shall be determined under section 32(b) on the basis of the number and ages of qualifying children specified in the earned income eligibility certificate and the determination of the amounts referred to in subparagraph (B)(ii) shall be made on the basis of the number and ages of qualifying children so specified.'' (3) Clause (i) of section 3507(e)(3)(A) of such Code is amended by inserting before ``, or'' the following: ``(or changing the percentages applicable to the employee under section 32(b) for the taxable year)''. (d) Conforming Amendments.-- (1) Paragraph (2) of section 32(f) of such Code is amended-- (A) by striking ``subsection (b)'' each place it appears in subparagraphs (A) and (B) and inserting ``subsection (a)(2)'', and (B) by adding at the end the following new sentence: ``Separate tables shall be prescribed for each of the phaseout percentages specified in the table contained in subsection (b)(2)(A)(i).'' (2) Paragraphs (1) and (2) of section 32(i) of such Code are amended to read as follows: ``(1) In general.--In the case of any taxable year beginning after 1995, each amount referred to in paragraph (2) shall be increased by an amount equal to-- ``(A) such amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting `1994' for `1989' in subparagraph (B) thereof. ``(2) Amounts.--The amounts referred to in this paragraph are-- ``(A) the credit percentages used for purposes of subsection (a), ``(B) the $10,000 amount contained in subsection (a)(2)(B), and ``(C) the $50,000 amount contained in subsection (b)(2)(C).'' (3) Section 213 of such Code (relating to medical, dental, etc., expenses) is amended by striking subsection (f). (4) Paragraph (3) of section 162(l) of such Code is amended to read as follows: ``(3) Coordination with medical deduction.--Any amount paid by a taxpayer for insurance to which paragraph (1) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 213(a).'' (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993; except that the amendments made by subsection (c) shall take effect on January 1, 1994. SEC. 3. DEPENDENT CARE CREDIT LIMITED TO HANDICAPPED DEPENDENTS AND SPOUSES. (a) In General.--Paragraph (1) of section 21(b) of the Internal Revenue Code of 1986 (defining qualifying individual and employment- related expenses) is amended by striking subparagraph (A), by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively, and by adding at the end the following new sentence: ``In the case of an individual described in subparagraph (A) who has not attained age 16 as of the close of the taxable year, such individual may be treated as a qualifying individual for purposes of this section only if the taxpayer elects not to treat such individual as a qualifying child under section 32 for such year.'' (b) Conforming Amendments.-- (1) Subparagraph (B) of section 21(b)(2) of such Code is amended by striking ``care of--'' and all that follows and inserting ``care of a qualifying individual who regularly spends at least 8 hours each day in the taxpayer's household.'' (2) Paragraph (2) of section 21(d) of such Code is amended by striking ``subsection (b)(1)(C)'' and inserting ``subsection (b)(1)(B)''. (3) Paragraph (5) of section 21(e) of such Code is amended-- (A) by striking ``is under the age of 13 or'' in subparagraph (B), and (B) by striking ``subparagraph (A) or (B) of subsection (b)(1) (whichever is appropriate)'' and inserting ``subsection (b)(1)(A)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993. SEC. 4. ELIMINATION OF PROPOSED CHANGES IN TREATMENT OF EARNED INCOME CREDIT IN DETERMINING CERTAIN WELFARE BENEFITS. Paragraphs (1) and (2)(A) of section 402(c) of the Family Support Act of 1988 are repealed.

Family Living Wage Act - Amends Internal Revenue Code provisions governing the earned income tax credit to: (1) increase from $5,714 to $8,000 the amount of earned income subject to the credit; (2) establish the basic credit at 20 percent; and (3) permit an additional credit (to apply to not more than four children) of five percent for each dependent school age child between age six and age 16 and ten percent for each preschool age child. Reduces the amount of the credit for taxpayers with adjusted gross income over $50,000. Indexes amounts relating to the credit beginning in 1995. Disallows application of the nonrefundable dependent care income tax credit with respect to a taxpayer's dependents under age 13, unless the child is physically or mentally incapable of self-care. Permits the credit with respect to handicapped children under age 16 only if the taxpayer elects not to include the child within the framework of the earned income credit. Repeals provisions of the Family Support Act of 1988 that revise the way in which the earned income credit is treated in the context of needs analysis for purposes of State plans for aid and services to needy families with children under title IV of the Social Security Act.

Family Living Wage Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Credit Act of 2001''. SEC. 2. DEFINITION OF DEBT FORGIVENESS. Section 343(a)(12)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(12)(B)) is amended to read as follows: ``(B) Exceptions.--The term `debt forgiveness' does not include-- ``(i) consolidation, rescheduling, reamortization, or deferral of a loan; ``(ii) a write-down during the lifetime of the borrower that is due to a financial problem of the borrower relating to a natural disaster or a medical condition of the borrower or an immediate family member of the borrower (or, in the case of a borrower that is an entity, a principal owner of the borrower or an immediate family member of such an owner); or ``(iii) any write-down provided as a part of a resolution of a discrimination complaint against the Secretary.''. SEC. 3. LOAN ELIGIBILITY FOR BORROWERS WITH PRIOR DEBT FORGIVENESS. Section 373(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008h(b)) is amended to read as follows: ``(b) Loans Prohibited for Certain Borrowers Who Have Received Debt Forgiveness.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary may not make or guarantee a loan under subtitle A or B to a borrower who, on more than 2 occasions, received debt forgiveness on a loan made or guaranteed under this title. ``(2) Exceptions.--The Secretary may make a direct or guaranteed farm operating loan for paying annual farm or ranch operating expenses of a borrower who-- ``(A) was restructured with a write-down under section 353; or ``(B) is current on payments under a confirmed reorganization plan under chapter 11, 12, or 13 of title 11, United States Code.''. SEC. 4. ALLOCATION OF CERTAIN FUNDS FOR SOCIALLY DISADVANTAGED FARMERS AND RANCHERS. Section 355(c)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(c)(2)) is amended by striking ``shall be reallocated within such State'' and inserting ``in the first 10 months of the fiscal year may be pooled and rcated for use of socially disadvantaged farmers and ranchers in other States as determined by the Secretary, in excess of the funds otherwise allocated in accordance with this section''. SEC. 5. EXCEPTION TO TERM LIMITS ON OPERATING LOANS ONLY FOR DISASTERS OR EMERGENCIES. (a) Direct Operating Loans.--Section 311(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941(c)) is amended-- (1) in paragraph (1)-- (A) by striking ``Subject to paragraph (3), the'' and inserting ``The''; (B) in subparagraph (B), by striking ``or''; (C) in subparagraph (C), by striking the period and inserting ``; or''; and (D) by adding at the end the following: ``(D) is operating in an area which, during the previous or current crop year-- ``(i) the Secretary finds has been affected by a natural disaster in the United States or by a major disaster or emergency designated by the President under the Disaster Relief and Emergency Assistance Act; or ``(ii) has suffered from an economic emergency, as determined by the Secretary.''; and (2) by striking paragraph (3). (b) Guaranteed Operating Loans.--Section 319(b)(2) of such Act (7 U.S.C. 1949(b)(2)) is amended to read as follows: ``(2) Disasters and emergencies.--A farmer or rancher shall be eligible to receive a guaranteed operating loan under this subtitle if the borrower is operating in an area which, during the preceding or current crop year-- ``(A) the Secretary finds has been affected by a natural disaster in the United States or by a major disaster or emergency designated by the President under the Disaster Relief and Emergency Assistance Act; or ``(B) has suffered from an economic emergency, as determined by the Secretary.''. SEC. 6. PERCENTAGE OF RECAPTURE FOR SHARED APPRECIATION ARRANGEMENT. (a) In General.--Section 353(e)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2001(e)(3)) is amended by striking ``, and 50'' and inserting ``, 50 percent if the recapture occurs after 4 years and within 8 years after the restructuring, and 35''. (b) Applicability.--The amendment made by subsection (a) shall apply to shared appreciation arrangements with respect to which recapture has not occurred, regardless of whether the arrangements were entered into before, on, or after the date of the enactment of this Act. SEC. 7. TECHNICAL CORRECTION. Section 353 of the Consolidated Farm and Rural Development Act (7 U.S.C. 2001) is amended-- (1) by striking subsection (m); and (2) by redesignating subsections (n) and (o) as subsections (m) and (n), respectively.

Agricultural Credit Act of 2001 - Amends the Consolidated Farm and Rural Development Act to exclude from "debt forgiveness": (1) loan rescheduling, consolidation, deferral, or reamortization; (2) a write-down due to natural disaster or family medical condition; or (3) a write-down as part of the resolution of a discrimination complaint against the Secretary of Agriculture.Increases the number of occasions of permitted loan or loan guarantee debt forgiveness per borrower from one to two. Includes as an exception to such limitation an operating loan or loan guarantee to an individual whose payments are current under a specified reorganization plan.Permits excess funds obligated for socially disadvantaged farmers to be reallocated for such use in another State (currently limited to intrastate reallocation).Permits direct operating loans and loan guarantees to be made to persons in areas: (1) affected by a natural disaster or designated emergency; or (2) determined to be suffering from an economic emergency.Revises (shared appreciation arrangement) recapture percentage provisions.

To amend the Consolidated Farm and Rural Development Act to improve the agricultural credit programs of the Department of Agriculture, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Human Rights Protection Act of 1993''. SEC. 2. CONGRESSIONAL DECLARATION. The Congress makes the following findings and declarations: (1) It is the sense of Congress that the State Department should designate within the appropriate bureau a special assistant to the Assistant Secretary to promote international women's human rights within the overall human rights policy of the United States Government. (2) The purpose of assigning a special assistant on women's human rights issues is not to segregate such issues, but rather to assure that they are considered along with other human rights issues in the development of United States foreign policy. (3) A specifically designated special assistant is necessary because within the human rights field and the foreign policy establishment, the issues of gender-based discrimination and violence against women have long been ignored or made invisible. (4) The Congress believes that abuses against women would have greater visibility and protection of women's human rights would improve if the advocate were responsible for integrating women's human rights issues into United States human rights policy in ways including, but not limited to, the following: (A) The designated women's human rights advocate would seek to assure that the issue of abuses against women, along with human rights issues generally, are a factor in determining appropriate recipients for United States bilateral assistance as well as United States votes at the multilateral development banks. (B) The advocate would work with the regional bureaus of the Department of State to devise strategies for the executive branch to bring pressure to bear on governments that engage in violence or systematic discrimination against women or fail to afford equal treatment of women before the law. (C) The advocate would, in consultation with the bureau responsible for international organizations, pursue strategies to increase the visibility and integration of gender-based persecution and violence in multilateral fora including, but not limited to, the United States Commission on Human Rights and the Working Group on Torture. (D) The advocate would seek to assure that the United States Trade Representative conduct inquiries and take steps to prevent countries from receiving trade benefits under the Generalized System of Preferences and most favored nation status where governments fail to address violence, systematic discrimination, and exploitation of women workers. (E) The advocate would seek to assure that the protection of women's human rights, including womens' participation in the political process, women's right to freedom of association and expression, and freedom from discrimination, would be addressed in the context of United States funded programs in the area of democracy including, but not limited to, democracy programs at the Agency for International Development (AID), democracy programs for Eastern Europe funded by the Support Eastern European Democracy (SEED) legislation, and new programs that may be contemplated. (F) The advocate would seek to assure that United States assistance programs in the area of administration of justice include efforts to redress violations of women's rights. (G) The advocate would work with AID and the appropriate office at the Department of State to secure funding for programs to meet the needs of women victims of human rights abuses including, but not limited to, medical and psychological assistance for rape victims. (H) The advocate would work to assure United States ratification of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and oversee the preparation of reports pursuant to that Convention. (I) The advocate would seek to upgrade the quality and quantity of information about abuses of women's human rights in the reporting from United States embassies overseas, incorporate that information not only in the State Department Country Reports on Human Rights, but also in other public statements and documents including, but not limited to, congressional testimony and private demarches. SEC. 3. REPORT TO CONGRESS. (a) Report.--Not later than one year after the date of enactment of this Act, the Secretary of State shall submit a report to the Congress on the steps taken to create the position described in section 2 or to otherwise fulfill the objectives detailed in that section. (b) United States Ratification of CEDAW.--If the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) has not been submitted to the Senate for ratification, not more than 90 days after the date of enactment of this Act, the Secretary of State shall submit a report to the Congress on the administration's position on the ratification of CEDAW and timetable for submission of CEDAW for congressional consideration and approval.

Women's Human Rights Protection Act of 1993 - Directs the Secretary of State to report to the Congress on steps taken to create a special assistant to the Assistant Secretary of State to promote international women's human rights or to fulfill other specified objectives concerning such rights. Requires the Secretary, if the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) has not been submitted to the Senate for ratification, to report to the Congress on the Administration's position on ratification and the timetable for submission of CEDAW for congressional approval.

Women's Human Rights Protection Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Caribbean National Forest Wild and Scenic Rivers Act of 2002''. SEC. 2. WILD AND SCENIC RIVER DESIGNATIONS, CARIBBEAN NATIONAL FOREST, PUERTO RICO. (a) Findings.--The Congress finds the following: (1) In the revised land and resource management plan for the Caribbean National Forest/Luquillo Experimental Forest, approved April 17, 1997, and the environmental impact statement prepared as part of the plan, the Secretary of Agriculture examined the suitability of rivers within the Caribbean National Forest/Luquillo Experimental Forest for inclusion in the National Wild and Scenic Rivers System. (2) Based on such examination, the Rio Icacos, Rio Mameyes, and Rio de La Mina were found to be free flowing waterways and to possess outstandingly remarkable scenic, recreational, geological, hydrological, biological, historical, and cultural values, and, therefore, to qualify for addition to the National Wild and Scenic Rivers System. (b) Designations.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following new paragraph: ``(____) Rivers of Caribbean National Forest, Puerto Rico.-- ``(A) Rio mameyes.--The segment of approximately 4.5 miles from its headwaters in the Bano de Oro Research Natural Area to the boundary of the Caribbean National Forest, to be administered by the Secretary of Agriculture as follows: ``(i) As a wild river from its headwaters in the Bano de Oro Research Natural Area to the crossing point of Trail No. 24/11 (approximately 500 feet upstream from the confluence with the Rio de La Mina), a total of approximately 2.1 miles. ``(ii) As a scenic river from the crossing point of Trail No. 24/11 to the access point of Trail No. 7, a total of approximately 1.4 miles. ``(iii) As a recreational river from the access point of Trail No. 7 to the national forest boundary, a total of approximately 1.0 miles. ``(B) Rio de la mina.--The segment of approximately 2.1 miles from its headwaters to its confluence with the Rio Mameyes, to be administered by the Secretary of Agriculture as follows: ``(i) As a recreational river from its headwaters in the El Yunque Recreation Area downstream to La Mina Falls, a total of approximately 0.9 miles. ``(ii) As a scenic river from La Mina falls downstream to its confluence with the Rio Mameyes, a total of approximately 1.2 miles. ``(C) Rio icacos.--The segment of approximately 2.3 miles from its headwaters to the boundary of the Caribbean National Forest, to be administered by the Secretary of Agriculture as a scenic river.''. (c) Special Management Considerations.-- (1) Certain permitted activities.--Subject to paragraph (2), the amendment made by the subsection (b) and the applicability of the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) to the river segments added to the National Wild and Scenic Rivers System by the amendment shall not be construed to prevent any of the following activities within the boundaries of the river segments: (A) Installation and maintenance of hydrologic, meteorological, climatological, or atmospheric data collection and transmission facilities, or any combination of such facilities, when the Secretary of Agriculture determines that such facilities are essential to the scientific research purposes of the Luquillo Experimental Forest. (B) Construction and maintenance of nesting structures, observation blinds, and population monitoring platforms for threatened and endangered species. (C) Construction and maintenance of trails to such facilities as necessary for research purposes and for the recovery of threatened and endangered species. (2) Conditions.--The activities authorized by paragraph (1) shall be subject to such conditions as the Secretary considers desirable. The Secretary shall ensure that the scale and scope of such activities within the boundaries of a river segment added to the National Wild and Scenic Rivers System by the amendment made by the subsection (b) are not detrimental to the characteristics of the river segment that merited its designation as a wild, scenic, or recreational river. (d) Preservation of Commonwealth Authority.--Nothing in this section or the amendment made by this section shall be construed to limit the authority of the Commonwealth of Puerto Rico over waters and natural channels of public domain pursuant to the laws of the Commonwealth of Puerto Rico. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Caribbean National Forest Wild and Scenic Rivers Act of 2002 - Amends the Wild and Scenic Rivers Act to designate Rio Mameyes, Rio de la Mina, and Rio Icacos of the Caribbean National Forest of the Commonwealth of Puerto Rico as components of the National Wild and Scenic Rivers System.Provides that such designation shall not be construed to limit the authority of Puerto Rico over waters and natural channels of its public domain or to prevent any of the following activities within such segments: (1) installation and maintenance of hydrologic, meteorological, climatological, or atmospheric data collection and transmission facilities when they are essential to the scientific research purposes of the Luquillo Experimental Forest; (2) construction and maintenance of nesting structures, observation blinds, and population monitoring platforms for threatened and endangered species; or (3) construction and maintenance of trails to such facilities as necessary for research purposes and the recovery of such species. Provides that all such activities shall be subject to such conditions as the Secretary of Agriculture considers desirable. Requires the Secretary to ensure that the scale and scope of such activities are not detrimental to a river segment's characteristics that merited its designation as a wild, scenic, or recreational river.

To designate certain waterways in the Caribbean National Forest in the Commonwealth of Puerto Rico as components of the National Wild and Scenic Rivers System, and for other purposes.

SECTION 1. DEDUCTION OF PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS. ``(a) Deduction Allowed.--In the case of an individual, there shall be allowed as a deduction for the taxable year the aggregate amount paid by such individual as premiums under a high deductible health plan with respect to months during such year for which such individual is an eligible individual with respect to such health plan. ``(b) Definitions.--For purposes of this section-- ``(1) Eligible individual.--The term `eligible individual' has the meaning given such term by section 223(c)(1). ``(2) High deductible health plan.--The term `high deductible health plan' has the meaning given such term by section 223(c)(2). ``(c) Special Rules.-- ``(1) Deduction limits.-- ``(A) Deduction allowable for only 1 plan.--For purposes of this section, in the case of an individual covered by more than 1 high deductible health plan for any month, the individual may only take into account amounts paid for such month for the plan with the lowest premium. ``(B) Plans covering ineligible individuals.--If 2 or more individuals are covered by a high deductible health plan for any month but only 1 of such individuals is an eligible individual for such month, only 50 percent of the aggregate amount paid by such eligible individual as premiums under the plan with respect to such month shall be taken into account for purposes of this section. ``(2) Group health plan coverage.-- ``(A) In general.--No deduction shall be allowed to an individual under subsection (a) for any amount paid for coverage under a high deductible health plan for a month if that individual participates in any coverage under a group health plan (within the meaning of section 5000 without regard to section 5000(d)). ``(B) Exception for plans only providing contributions to health savings accounts.--Subparagraph (A) shall not apply to an individual if the individual's only coverage under a group health plan for a month consists of contributions by an employer to a health savings account with respect to which the individual is the account beneficiary. ``(C) Exception for certain permitted coverage.-- Subparagraph (A) shall not apply to an individual if the individual's only coverage under a group health plan for a month is coverage described in clause (i) or (ii) of section 223(c)(1)(B). ``(3) Medical and health savings accounts.--Subsection (a) shall not apply with respect to any amount which is paid or distributed out of an Archer MSA or a health savings account which is not included in gross income under section 220(f) or 223(f), as the case may be. ``(4) Coordination with deduction for health insurance of self-employed individuals.--Any amount taken into account by the taxpayer in computing the deduction under section 162(l) shall not be taken into account under this section. ``(5) Coordination with medical expense deduction.--Any amount taken into account by the taxpayer in computing the deduction under this section shall not be taken into account under section 213.''. (b) Deduction Allowed Whether or Not Individual Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting before the last sentence at the end the following new paragraph: ``(21) Premiums for high deductible health plans.--The deduction allowed by section 224.''. (c) Coordination With Section 35 Health Insurance Costs Credit.-- Section 35(g)(2) of such Code is amended by striking ``or 213'' and inserting ``, 213, or 224''. (d) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and by inserting before such item the following new item: ``Sec. 224. Premiums for high deductible health plans.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 2. CREDIT FOR CERTAIN EMPLOYMENT TAXES PAID WITH RESPECT TO PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS AND CONTRIBUTIONS TO HEALTH SAVINGS ACCOUNTS. (a) Allowance of Credit.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. EMPLOYMENT TAXES PAID WITH RESPECT TO PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS AND CONTRIBUTIONS TO HEALTH SAVINGS ACCOUNTS. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the product of-- ``(1) the sum of the rates of tax in effect under sections 3101(a), 3101(b), 3111(a), and 3111(b) for the calendar year in which the taxable year begins, multiplied by ``(2) the sum of-- ``(A) the aggregate amount paid by such individual as premiums under a high deductible health plan which is allowed as a deduction under section 224 for the taxable year, and ``(B) the aggregate amount paid to a health savings account of such individual which is allowed as a deduction under section 223 for the taxable year. ``(b) Credit Limited to Certain Employment Taxes.-- ``(1) In general.--The credit allowed under subsection (a) with respect to any individual for any taxable year shall not exceed the specified employment taxes with respect to such individual for such taxable year. ``(2) Specified employment taxes.--For purposes of this subsection, the term `specified employment taxes' means, with respect to any individual for any taxable year, the sum of-- ``(A) the taxes imposed under sections 3101(a), 3101(b), 3111(a), 3111(b), 3201(a), 3211(a), and 3221(a) (taking into account any adjustments or refunds under section 6413) with respect to wages and compensation received by such individual during the calendar year in which such taxable year begins, and ``(B) the taxes imposed under subsections (a) and (b) of section 1401 with respect to the self-employment income of such individual for such taxable year. ``(c) Special Rule for Employment Compensation in Excess of Social Security Contribution Base.-- ``(1) In general.--If the aggregate amount of employment compensation received by any individual during the calendar year in which the taxable year begins exceeds the contribution and benefit base (as determined under section 230 of the Social Security Act), the amount of the credit determined under subsection (a) (determined before application of subsection (b)) shall be equal to the sum of-- ``(A) the amount determined under subsection (a) by only taking into account so much of the amount determined under subsection (a)(2) as does not exceed such excess and by only taking into account the rates of tax in effect under section 3101(b) and 3111(b), and ``(B) the amount determined under subsection (a) by only taking into account so much of the amount determined under subsection (a)(2) as is not taken into account under subparagraph (A) and by taking into account each of the rates of tax referred to in subsection (a)(1). ``(2) Employment compensation.--For purposes of this subsection, the term `employment compensation' means, with respect to any individual for any taxable year, the sum of-- ``(A) the wages (as defined in section 3121(a)) and compensation (as defined in section 3231(e)) received by such individual during the calendar year in which such taxable year begins, and ``(B) the self-employment income (as defined in section 1402(b)) of such individual for such taxable year.''. (b) Increase in Additional Tax on Distributions Not Used for Qualified Medical Expenses.--Paragraph (4) of section 223(f) of such Code (relating to additional tax on distributions not used for qualified medical expenses) is amended to read as follows: ``(4) Additional tax on distributions not used for qualified medical expenses.-- ``(A) In general.--The tax imposed by this chapter on the account beneficiary for any taxable year in which there is a payment or distribution from a health savings account of such beneficiary which is includible in gross income under paragraph (2) shall be increased by 30 percent of the amount which is so includible. ``(B) Exception for disability or death.--In the case of payments or distributions made after the account beneficiary becomes disabled within the meaning of section 72(m)(7) or dies, subparagraph (A) shall be applied by substituting `15 percent' for `30 percent'. ``(C) Exception for distributions after medicare eligibility.--In the case of payments or distributions made after the date on which the account beneficiary attains the age specified in section 1811 of the Social Security Act, subparagraph (A) shall be applied by substituting `15 percent' for `30 percent'.''. (c) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or section 36'' after ``section 35''. (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 item relating to section 36 and by inserting after the item relating to section 35 the following new items: ``Sec. 36. Employment taxes paid with respect to premiums for high deductible health plans and contributions to health savings accounts. ``Sec. 37. Overpayments of tax.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.

Amends the Internal Revenue Code to allow: (1) a tax deduction from gross income (available to taxpayers who do not itemize deductions) for insurance premiums for high deductible health plans; and (2) a tax credit for certain employment taxes related to premiums for high deductible health plans and contributions to health savings accounts.

A bill to amend the Internal Revenue Code of 1986 to allow a deduction for the payment of premiums for high deductible health plans, to allow a credit for certain employment taxes paid with respect to premiums for high deductible health plans and contributions to health savings accounts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Investments in America's Cities Act''. SEC. 2. MODIFICATION OF EB-5 VISA PROGRAM. Section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)) is amended by adding at the end the following: ``(E) Set-aside for economically distressed urban areas.-- ``(i) In general.--Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants seeking to invest in a new commercial enterprise described in subparagraph (A) which will create employment in an economically distressed urban area and-- ``(I) with respect to which such alien or a relative of that alien has invested or, is actively in the process of investing, in that new enterprise, capital in an amount not less than the amount specified in clause (ii); ``(II) with respect to which such alien has completed an investment agreement with a qualified venture capital operating company for an investment in that new enterprise of an amount not less than the amount specified in clause (ii); or ``(III) with respect to which such alien has completed an investment agreement with one or more angel investors for an investment in that new enterprise of an amount not less than the amount specified in clause (ii). ``(ii) Capital amount required.--The amount of capital specified in this clause is $250,000. To account for inflation, the Secretary of Homeland Security may by rule adjust the amount of capital specified in this clause. ``(iii) Definitions.--In this subparagraph: ``(I) Angel investor.--The term `angel investor' means, with respect to a qualified immigrant, an individual who-- ``(aa) is an accredited investor (as defined in section 230.501(a) of title 17, Code of Federal Regulations (as in effect on April 1, 2010)); ``(bb) is a United States citizen or an alien lawfully admitted to the United States for permanent residence; and ``(cc) has made at least 2 equity investments of not less than $50,000 in each of the 3 years before the date of a petition by the qualified immigrant for classification under this paragraph. ``(II) Economically distressed urban area.--The term `economically distressed urban area' means, at the time a petition for classification under this paragraph is filed the following: ``(aa) A city that has an average unemployment rate of not less than 150 percent of the national average rate for the preceding year. ``(bb) Any principal city for a Metropolitan Statistical Area, as defined by the Office of Management and Budget. ``(III) Qualified venture capital operating company.--The term `qualified venture capital operating company' means an entity that-- ``(aa) is registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.); or ``(bb) is an investment company, as defined in subsection (a)(1) of section 3 of such Act (15 U.S.C. 80a-3), that is exempt from registration under subsection (c)(1) or (c)(7) of such section, and is not registered. ``(IV) Relative.--The term `relative' means, with respect to a qualified immigrant-- ``(aa) a spouse; ``(bb) a sibling; ``(cc) a child; ``(dd) a parent; ``(ee) an aunt or uncle; ``(ff) a first cousin; or ``(gg) a grandparent.''. SEC. 3. EXPEDITED PROCESSING FOR CERTAIN EB-5 INVESTORS. Section 286(u) of the Immigration and Nationality Act (8 U.S.C. 1356(u)) is amended by adding at the end the following: ``In the case of a petition filed under section 204(a)(1)(H) for classification under section 203(b)(5)(E), the petitioner shall be guaranteed of a decision on the petition in 60 days or less.''. SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE STUDY. (a) In General.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress on the EB-5 Visa Program authorized under section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)). (b) Contents.--The report described in subsection (a) shall include information regarding-- (1) the number of immigrant entrepreneurs who have received a visa under such visa program, listed by country of origin; (2) the localities in which such immigrant entrepreneurs have initially settled; (3) whether such immigrant entrepreneurs generally remain in the localities in which they initially settle; (4) the types of commercial enterprises that such immigrant entrepreneurs have established; and (5) the types and number of jobs created by such immigrant entrepreneurs.

Global Investments in America's Cities Act - Amends the Immigration and Nationality Act to set aside at least 3,000 employment creation immigrant visas each fiscal year for qualified immigrants seeking to invest in a new commercial enterprise which will create employment in an economically distressed urban area and with respect to which such alien: (1) has invested at least $250,000; (2) has completed an investment agreement with a qualified venture capital operating company for an investment of at least $250,000; or (3) has completed an investment agreement with one or more angel investors for an investment of at least $250,000. Requires petitions for such immigrant visas to be decided within 60 days. Directs the Government Accountability Office (GAO) to report to Congress on the EB-5 visa program.

To create jobs by attracting global investment to economically distressed urban areas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Entry for Supporters of the Iranian Regime Act of 2010''. SEC. 2. INADMISSIBILITY OF CERTAIN ALIENS WHO ENGAGE IN CERTAIN ACTIVITIES WITH RESPECT TO IRAN. (a) In General.--Section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is amended by adding at the end the following: ``(H) Individuals who engage in certain activities with respect to iran.-- ``(i) In general.--Subject to clause (iii), any alien described in clause (ii) is inadmissible. ``(ii) Aliens described.--An alien described in this clause is an alien that the Secretary of State determines-- ``(I) engages in-- ``(aa) an activity for which sanctions may be imposed pursuant to section 5 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note); ``(bb) an activity-- ``(AA) relating to the proliferation by Iran of weapons of mass destruction or the means of delivery of such weapons; and ``(BB) for which sanctions may be imposed pursuant to Executive Order 13382 (70 Fed. Reg. 38567) (or any successor thereto); ``(cc) an activity-- ``(AA) relating to support for international terrorism by the Government of Iran; and ``(BB) for which sanctions may be imposed pursuant to Executive Order 13224 (66 Fed. Reg. 49079) (or any successor thereto); or ``(dd) any other activity with respect to Iran for which sanctions may be imposed pursuant to any other provision of law; ``(II) is the chief executive officer, president, or other individual in charge of overall management of, or a shareholder with a controlling interest in, an entity that engages in an activity described in subclause (I); or ``(III) is a spouse or minor child of-- ``(aa) an alien who engages in an activity described in subclause (I); or ``(bb) the chief executive officer, president, or other individual in charge of overall management of, or a shareholder with a controlling interest in, an entity that engages in an activity described in subclause (I). ``(iii) Notice; waiver with respect to certain entities.-- ``(I) Notice.--The Secretary of State may notify an alien the Secretary determines may be inadmissible under this subparagraph-- ``(aa) that the alien may be inadmissible; and ``(bb) of the reason for the inadmissibility of the alien. ``(II) Waiver.--The President may waive the application of this subparagraph and admit an alien to the United States if-- ``(aa) the alien is described in subclause (II) or (III)(bb) of clause (ii); ``(bb) the entity that engaged in the activity that would otherwise result in the inadmissibility of the alien under this subparagraph is no longer engaging the activity or has taken significant steps toward stopping the activity; and ``(cc) the President has received reliable assurances that the entity will not knowingly engage in an activity described in clause (ii)(I) again.''. (b) Regulations.--Section 428 of the Homeland Security Act of 2002 (6 U.S.C. 236) is amended by adding at the end the following: ``(j) Regulations With Respect to Inadmissibility of Aliens Who Engage in Certain Transactions With Iran.--Not later than 180 days after the date of the enactment of this subsection, the Secretary shall issue regulations and guidelines for interpreting and enforcing the prohibition under subparagraph (H) of section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) on the admissibility of aliens who engage in certain sanctionable activities with respect to Iran.''.

No Entry for Supporters of the Iranian Regime Act of 2010 - Amends the Immigration and Nationality Act to make inadmissible to the United States an alien who: (1) engages in certain sanctionable activities with Iran, including the development of Iran's petroleum resources, the proliferation of Iranian weapons of mass destruction, or support for terrorism by Iran; or (2) has a controlling managing or shareholder interest in an entity that engages in such activities. Authorizes presidential waiver of such prohibition under specified conditions.

A bill to prohibit aliens who engage in certain activities with respect to Iran from being admitted into the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Outer Continental Shelf Royalty Reform and Enhancement Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Gulf producing state.--The term ``Gulf producing State'' means each of the States of Alabama, Louisiana, Mississippi, and Texas. (2) Qualified outer continental shelf revenues.-- (A) In general.--The term ``qualified outer Continental Shelf revenues'' means all rentals, royalties, bonus bids, and other sums due and payable to the United States under section 5. (B) Exclusions.--The term ``qualified outer Continental Shelf revenues'' does not include-- (i) revenues from the forfeiture of a bond or other surety securing obligations other than royalties, civil penalties, or royalties taken by the Secretary in-kind and not sold; or (ii) revenues generated from leases subject to section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. PRICE THRESHOLD REQUIREMENT FOR FUTURE LEASES. Notwithstanding any other provision of law, the Secretary shall place limitations based on market price on the royalty relief granted under any lease for the production of oil or natural gas entered into on or after the date of enactment of this Act. SEC. 4. CLARIFICATION OF AUTHORITY TO IMPOSE PRICE THRESHOLDS FOR CERTAIN LEASE SALES. Congress reaffirms the authority of the Secretary under section 8(a)(1)(H) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(1)(H)) to vary, based on the price of production from a lease, the suspension of royalties under any lease subject to section 304 of the Outer Continental Shelf Deep Water Royalty Relief Act (43 U.S.C. 1337 note; Public Law 104-58). SEC. 5. RECOVERY OF REVENUE FROM LEASES WITHOUT PRICE THRESHOLDS. (a) Offer To Amend Payment Responsibilities.-- (1) In general.--The Secretary shall offer to enter into written agreements to amend the payment responsibilities under each lease entered into by the Secretary that-- (A) authorizes the production of oil or natural gas on the Outer Continental Shelf; (B) provides for relief from the payment of royalties; and (C) does not provide for the suspension of the relief based on an increase in the price of oil or natural gas, respectively, above specified thresholds. (2) Offers.--Not later than 30 days after the date of enactment of this Act, the Secretary shall provide each lessee that has entered into a lease described in paragraph (1) with a separate written offer to amend the payment responsibilities of the lessee under the lease. (3) Multiple lessees.--In carrying out this subsection, if multiple persons own a share of the lease, the Secretary may enter into a separate agreement with each person that reflects the respective interest of the person in the lease. (4) Price thresholds.--The offer shall propose imposing price thresholds beginning in the calendar year in which the offer is accepted at a level that is consistent with the price thresholds contained in outer Continental Shelf leases that contained price thresholds that were entered into for calendar years 1996, 1997, and 2000. (b) Increased Royalty Rates.--In addition to the authority provided under subsection (a), the Secretary may increase the royalty rate on all leases entered into by the Secretary on or after the date of enactment of this Act for the production of oil or natural gas on the outer Continental Shelf to a rate that is necessary to recover the revenues lost from leases described in subsection (a)(1) in an amount that (in conjunction with written agreements entered into under subsection (a)) is sufficient to recover $12,000,000,000 during the period of fiscal years 2007 through 2018. SEC. 6. DISPOSITION OF RECOVERED QUALIFIED OUTER CONTINENTAL SHELF REVENUES. (a) In General.--Notwithstanding section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) and subject to the other provisions of this section, for each applicable fiscal year, the Secretary of the Treasury shall deposit-- (1) 50 percent of qualified outer Continental Shelf revenues in a special account in the Treasury, to be disbursed to Gulf producing States by the Secretary in a manner consistent with section 31(b) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a(b)), as determined by the Secretary; (2) 12\1/2\ percent to provide financial assistance to States in accordance with section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8), which shall be considered income to the Land and Water Conservation Fund for purposes of section 2 of that Act (16 U.S.C. 460l-5); and (3) 37\1/2\ percent of qualified outer Continental Shelf revenues in the general fund of the Treasury, to be used for deficit reduction. (b) Timing.--The amounts required to be deposited under paragraphs (1) and (2) of subsection (a) for the applicable fiscal year shall be made available in accordance with that paragraph during the fiscal year immediately following the applicable fiscal year. (c) Administration.--Amounts made available under paragraphs (1) and (2) of subsection (a) shall-- (1) be made available, without further appropriation, in accordance with this section; (2) remain available until expended; and (3) be in addition to any amounts appropriated under-- (A) the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); (B) the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.); or (C) any other provision of law. SEC. 7. FEDERAL GUARANTEE OF STATE BOND. The Secretary shall guarantee the repayment of a bond issued by the State of Louisiana for constructing and carrying out coastal wetland restoration projects and related storm protection infrastructure (to be repaid using qualified outer Continental Shelf revenues received by the State for fiscal years 2017 through 2027) in an amount equal to 100 percent of the outstanding principal of the bond, on a determination by the Secretary that-- (1) the amount of the bond does not exceed 80 percent of the estimated amount of qualified outer Continental Shelf revenues the State will receive for fiscal years 2017 through 2027; (2) the funds will be used in accordance with a plan submitted by the State; and (3) the bond is in a registered form and contains appropriate legal guarantees for repayment using qualified Outer Continental shelf revenues for fiscal years 2017 through 2027.

Outer Continental Shelf Royalty Reform and Enhancement Act of 2006 - Directs the Secretary of the Interior (Secretary) to place limitations based on market price on the royalty relief granted under any lease for the production of oil or natural gas entered into on or after enactment of this Act. Declares that Congress reaffirms the authority of the Secretary to vary, based on the price of production from a lease, the suspension of royalties under any lease subject to specified requirements of the Outer Continental Shelf Deep Water Royalty Relief Act. Instructs the Secretary to offer to enter into written agreements to amend the payment responsibilities under each lease that: (1) authorizes the production of oil or natural gas on the Outer Continental Shelf; (2) provides for relief from the payment of royalties; and (3) does not provide for suspension of royalty relief based on an increase in the price of oil or natural gas, respectively, above specified thresholds. Authorizes the Secretary to increase royalty rates on leases for oil or natural gas production on the Outer Continental Shelf. Requires the Secretary of the Treasury to deposit certain percentages of Outer Continental Shelf revenues for: (1) disbursement to Gulf producing states; (2) financial assistance to states for land and water conservation as well as outdoor recreation purposes; and (3) deficit reduction. Requires the Secretary of the Interior to guarantee the repayment of 100% of the outstanding principal of a bond issued by the state of Louisiana for coastal wetland restoration projects and related storm protection infrastructure.

A bill to promote the recovery of oil and gas revenues on the Outer Continental Shelf, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Competitive and Open Markets That Protect and Enhance the Treatment of Entrepreneurs Act of 2007'' or the ``Compete Act of 2007''. SEC. 2. DEFINITIONS. For purposes of this Act, the terms ``audit'', ``Board'', ``Commission'', ``issuer'', and ``public accounting firm'' have the same meanings as in section 2 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201). SEC. 3. INTERNAL CONTROL REPORTING AND EVALUATION. Section 404(b) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262(b)) is amended to read as follows: ``(b) Internal Control Reporting and Evaluation.-- ``(1) Auditor attestation and report.-- ``(A) In general.--With respect to the internal control assessment required by subsection (a), each registered public accounting firm that prepares or issues the audit report for the issuer shall, at the interval determined under paragraph (2), attest to, and report on, the assessment made by the management of the issuer. ``(B) Content.--The attestation and report on the management assessment required by this paragraph-- ``(i) shall focus on the process and system management used-- ``(I) to identify and manage risks; ``(II) to identify and implement key controls; and ``(III) to come to a conclusion on the effectiveness of the internal controls over financial reporting; and ``(ii) shall not include a separate opinion on the outcome of the assessment, including any pass or fail opinion by the auditor on the effectiveness of the internal controls of management over financial reporting. ``(2) Intervals for attestation and report.--The regulations of the Commission under this section-- ``(A) shall require that the attestation and report required by paragraph (1) be performed during an initial reporting period, and then at 3-year intervals; and ``(B) may require a shorter interval in the event of a major shift in the structure or performance of the issuer, such as a merger, a significant financial restatement, evidence of fraud, or other such events, as determined by the Commission ``(3) Standards for attestation and report.-- ``(A) Risk-based evaluation.-- ``(i) In general.--An attestation made under this subsection shall be made in accordance with standards for attestation engagements issued or adopted by the Board. ``(ii) Requirements.--The standards issued or adopted by the Board for purposes of this subsection shall require that the audit of the management assessment of the internal controls of the issuer shall-- ``(I) be designed, on the basis of the probability of risk and magnitude of potential harm, to focus on those controls that are critical to the accuracy of the financial statements of the issuer; ``(II) be consistent with the materiality standards prescribed by the Commission under paragraph (4); and ``(III) require that the determination by the auditor of the controls that create the greatest risk to the company shall be made in consultation with management of the issuer, and shall identify those greatest risks in consideration of the characteristics of the industry within which the issuer operates. ``(B) Reliance on the work of others.--The standards issued or adopted by the Board for purposes of this subsection shall eliminate duplication of audits and examinations-- ``(i) by allowing registered public accounting firms performing attestations and reports under this subsection to rely on examinations and inspections conducted by Federal and State regulatory agencies-- ``(I) to the extent that such examinations and inspections focus on the risk-based internal controls of the issuer; and ``(II) to the extent practicable, without affecting the timely completion of the examinations and inspections; ``(ii) where the issuer has engaged a third-party accountant to test and provide its management assessment of the internal control systems, by permitting-- ``(I) the third-party accountant to work with registered public accounting firms performing attestations and reports under this subsection on determining the controls to be tested and the scope of the work; ``(II) the registered public accounting firms performing attestations and reports under this subsection to rely heavily on the work of the third-party accountant during the attestation engagement to avoid repetitive testing; and ``(III) management of the issuer to communicate openly with the registered public accounting firms performing attestations and reports under this subsection on all aspects of its internal controls. ``(C) Definition.--For purposes of subparagraph (B)(ii), the term `third-party accountant' means a registered public accounting firm other than the registered public accounting firm that is engaged to perform the attestation and report under this subsection. ``(4) Materiality standard.--The Commission shall develop a standard of materiality for the conduct of the assessment and report on an internal control under this subsection that shall be based on the relationship of the internal control to the reasonably possible effects on the financial statements of the issuer, and its significance to the overall financial status of the issuer.''. SEC. 4. SMALLER PUBLIC COMPANY OPTION REGARDING INTERNAL CONTROL PROVISION. Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is amended by adding at the end the following: ``(c) Smaller Public Company Option.-- ``(1) Voluntary compliance.--A smaller issuer shall not be subject to the requirements of subsection (a), unless the smaller issuer voluntarily elects to comply with such requirements, in accordance with regulations prescribed by the Commission. Any smaller issuer that does not elect to comply with subsection (a) shall state such election, together with the reasons therefor, in its annual report to the Commission under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)). ``(2) Definition.-- ``(A) In general.--For purposes of this subsection, and subject to subparagraph (B), the term `smaller issuer' means an issuer for which an annual report is required by section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)), that-- ``(i) has a total market capitalization at the beginning of the relevant reporting period of less than $700,000,000; ``(ii) has total product and services revenue for that reporting period of less than $125,000,000; or ``(iii) has, at the beginning of the relevant reporting period, fewer than 1500 record beneficial holders. ``(B) Annual adjustments.--The amounts referred to in clauses (i) and (ii) of subparagraph (A) shall be adjusted annually to account for changes in the Consumer Price Index for all urban consumers, United States city average, as published by the Bureau of Labor Statistics.''. SEC. 5. COMPETITION FOR AUDITING SERVICES. (a) Study Required.--The Commission and the Board shall jointly conduct a study examining the lack of, and impediments to, robust competition for the performance of audits for issuers. (b) Subjects of Study.--The study required by this section shall examine-- (1) the causes for, and the measures that may be taken to alleviate, the concentration of audit performance in only 4 large public accounting firms capable of servicing the larger issuers; and (2) the extent to which the Commission and the Board may, under existing law, take reasonable steps-- (A) to increase the number of qualified accounting firms; and (B) to eliminate de minimis conflict of interest provisions. (c) Report.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Commission and the Board shall submit a joint report on the study required by this section to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. (2) Requirements.--The report required by this subsection shall-- (A) contain the results of the examination of each of the subjects identified in subsection (b); (B) make recommendations to the accounting industry of measures that may be undertaken under existing provisions of law, regulations, and standards to alleviate the concentration described in subsection (b)(1); (C) identify the measures that the Commission and the Board should be authorized to undertake to alleviate such concentration; and (D) make any recommendations to Congress for changes in the laws administered by the Commission and the Board that the Commission or the Board consider appropriate and necessary on the basis of the study. SEC. 6. PRINCIPLES-BASED GUIDANCE STUDY. (a) Study Required.--The Commission and the Board shall jointly conduct a study comparing and contrasting the principles-based Turnbull Guidance under the securities laws of Great Britain to the implementation of section 404 of the Sarbanes-Oxley Act of 2002. (b) Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Commission and the Board shall submit a joint report on the study required by this section to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. (2) Requirements.--The report required by this subsection shall-- (A) compare the relative accounting and other costs of the principles-based Turnbull Guidance under the securities laws of Great Britain and the implementation of section 404 of the Sarbanes-Oxley Act of 2002, in relation to the relative reduction in the level of risk to investors and increase in the level of investor confidence in the financial statements of issuers; and (B) recommend to the Congress appropriate measures to alleviate accounting and other costs in relation to the reduction of such risk and the increase in such confidence.

Competitive and Open Markets That Protect and Enhance the Treatment of Entrepreneurs Act of 2007, or the Compete Act of 2007 - Amends the Sarbanes-Oxley Act of 2002 (Sarbanes-Oxley) to revise requirements for the internal control assessment component of a securities issuer's annual report. Requires the attestation and report by a registered public accounting firm on an issuer's management assessment of its internal control structure and procedures to focus upon the process and system used by management to identify and manage risks, identify and implement key controls, and come to a conclusion on the effectiveness of the internal controls over financial reporting. Prohibits an auditor's attestation and report from including a separate (pass/fail) opinion on the effectiveness of such internal controls. Requires such attestation and report to be performed at three-year intervals. Prescribes standards for such attestations and reports, including a risk-based evaluation. Permits attestations and reports to rely on examinations and inspections by federal and state regulatory agencies. Instructs the Securities and Exchange Commission (SEC) to develop a standard of materiality for such assessments and reports based upon the relationship of the internal control to the reasonably possible effects on the financial statements of the issuer, and its significance to the overall financial status of the issuer. Exempts a smaller public company from the requirements for management assessment of internal controls, unless it voluntarily elects to comply with them. Directs the SEC and the Public Company Accounting Oversight Board to jointly conduct studies: (1) examining the lack of, and impediments to, robust competition for the performance of audits for issuers; and (2) comparing and contrasting the principles-based Turnbull Guidance under the British securities laws to the implementation of section 404 of Sarbanes-Oxley (concerning management assessment of internal controls).

A bill to reform certain provisions of section 404 of the Sarbanes-Oxley Act of 2002, to make compliance with that section more efficient, with the goal of maintaining United States capital market global competitiveness.

SECTION 1. PURPOSE. The purpose of this Act is to increase telecommunications ownership opportunities for small businesses, including small businesses owned or controlled by socially disadvantaged individuals, through Small Business Administration participation in a market-oriented restructuring of the credit aspects of Federal Communications Commission telecommunications spectrum auctions. SEC. 2. ASSOCIATE ADMINISTRATOR FOR TELECOMMUNICATIONS FINANCE. (a) In General.--Section 4(b)(1) of the Small Business Act (15 U.S.C. 633(b)(1)) is amended-- (1) in the fifth sentence, by striking ``five'' and inserting ``six''; and (2) by adding at the end the following new sentence: ``One of the Associate Administrators shall be designated at the time of appointment as the Associate Administrator for Telecommunications Finance and shall have the qualifications and responsibilities specified in subsection (g).''. (b) Qualifications and Responsibilities.--Section 4 of the Small Business Act (15 U.S.C. 633) is amended by adding at the end the following new subsection: ``(g) Associate Administrator for Telecommunications Finance.-- ``(1) In general.--The Associate Administrator for Telecommunications Finance-- ``(A) shall be an employee in the competitive service or in the Senior Executive Service and a career appointee; ``(B) shall be responsible to the Administrator for the supervision and management of financing in the area of telecommunications, including the programs and other activities under section 38 and section 39; ``(C) shall establish, with respect to telecommunications concerns, the detailed definitions or standards referred to in section 3(a)(2); ``(D) shall have authority-- ``(i) to prescribe maximum amounts for loan guarantees under any program under section 38 or 39; ``(ii) to approve all loan guarantees in telecommunications; and ``(iii) to approve all direct loans under section 38(a)(1); and ``(E) in addition to any other duties under this Act, shall have authority to approve loan guarantees under section 7(a) with respect to Federal Communications Commission spectrum licenses acquired in the secondary market. ``(2) Neutrality in choice of program by applicant for loan or loan guarantee.--In the administration of the Telecommunications Spectrum Installment Loan Program under section 38 and the Telecommunications Accelerated Certified Lender Program under section 39, the Associate Administrator for Telecommunications Finance shall observe strict neutrality as to the choice that a potential applicant may make as to the appropriateness of a program for the applicant. The choice of one program over the other shall be solely that of the applicant and the Associate Administrator shall neither encourage nor discourage any applicant in that choice.''. SEC. 3. SMALL BUSINESS ADMINISTRATION FINANCING FOR ENTREPRENEUR PARTICIPATION IN TELECOMMUNICATIONS SPECTRUM AUCTIONS CONDUCTED BY FEDERAL COMMUNICATIONS COMMISSION. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 37 as section 40; and (2) by inserting after section 36 the following new sections: ``SEC. 37. TELECOMMUNICATIONS FINANCE OFFICE. ``(a) In General.--There is established, within the Administration, an office to perform functions relating to the policies and programs of the Administration with respect to financing in the area of telecommunications. The office-- ``(1) shall be known as the `Telecommunications Finance Office'; ``(2) shall be headed by the Associate Administrator for Telecommunications Finance under section 4(g); ``(3) shall be staffed by employees who are from diverse backgrounds and who are highly skilled in the areas of telecommunications technology and telecommunications financing; and ``(4) shall be the principal entity within the Administration for implementation of the programs under sections 38 and 39. ``(b) Funding.--The expenses of the Telecommunications Finance Office shall be paid from the Telecommunications Loan Guarantee Fund, established under section 715 of the Communications Act of 1934. ``SEC. 38. TELECOMMUNICATIONS SPECTRUM INSTALLMENT LOAN PROGRAM. ``(a) In General.--There is established a program, to be known as the `Telecommunications Spectrum Installment Loan Program', under which the Administrator-- ``(1) shall make direct loans to qualified telecommunications borrowers for acquisition of spectrum licenses through Federal Communications Commission auction; and ``(2) shall guarantee loans to qualified telecommunications borrowers for telecommunications equipment and working capital in connection with any acquisition referred to in paragraph (1). ``(b) Direct Loan Conditions.-- ``(1) Limitation on disbursement.--The Administrator may not disburse any loan amount under subsection (a)(1) if the cost of the license involved exceeds the approved loan amount plus, as determined by the Administrator, cash available to the applicant for the purpose of paying the difference between the approved loan amount and the cost of the license. ``(2) Interest at market rate.--The rate of interest on a loan shall be the prime interest rate or such other competitive market rate as the Administrator determines to be appropriate. ``(3) Interest-only period.--The Administrator, in accordance with criteria established by regulation, may provide, on a case-by-case basis, for an initial period during which a borrower under subsection (a)(1) shall pay interest only. In the case of such a determination, loan principal shall be amortized over the remainder of the loan term. The maximum interest-only period under this paragraph is 6 years. ``(4) Maximum loan term.--The term of any loan under subsection (a)(1) may not exceed the term of the spectrum license involved. ``(c) Loan Guarantee Condition.--The Administrator may make loan guarantees under subsection (a)(2) to a borrower under subsection (a)(1) only for telecommunications equipment and working capital necessary to carry out the terms of the license to be financed. ``(d) Security Interest and Forced Sale Conditions for Direct Loans and Loan Guarantees.--The Administrator shall require, as a condition of any direct loan under subsection (a)(1) and any loan guarantee under subsection (a)(2), that-- ``(1) any disbursement of a loan amount be fully protected by a secured interest in the proceeds of a sale or other assignment of the license involved; and ``(2) the loan agreement contain specific measures by which, in the case of a default by the borrower, the lender may require the borrower to sell or otherwise assign the license. ``(e) General Applicability; Waiver Exception.--Loans and loan guarantees under this section shall be subject to all otherwise applicable provisions of this Act, except that the Administrator may waive any limitation on the amount of an individual loan or loan guarantee or on the total amount of loans or loan guarantees to a single borrower. ``(f) Treasury Account.--The Administrator shall notify the Secretary of the Treasury of each loan transaction entered into under subsection (a)(1). Upon receipt of notice under the preceding sentence, the Secretary shall establish an account in the Treasury for the loan. ``(g) Definitions.--As used in this section-- ``(1) the term `qualified telecommunications borrower' means a small business concern that, as determined by the Administrator, has, in addition to the other requirements of this Act, a level of specialized telecommunications expertise (including technical knowledge, business skill, and management experience) that is appropriate for the purpose for which the loan or guarantee involved is made; and ``(2) the term `Administrator' means the Administrator, acting through the Associate Administrator for Telecommunications Finance. ``(h) Collection of Data.--The Administrator shall collect data with respect to the operation of the program under this section. The data so collected-- ``(1) shall be accumulated on a calendar year basis; ``(2) shall be maintained in an electronic database; ``(3) shall include information on the ethnicity, race, and sex of all applicants, whether the applications involved are approved, denied, withdrawn, or otherwise disposed of; and ``(4) shall include other information that, as determined by the Administrator, is relevant to the disposition of applications. ``(i) Report.--Not later than December 31 of each year, the Administrator shall submit to the Congress a report, with respect to the preceding calendar year, of the status of the program under this section. The report shall include-- ``(1) a statistical analysis (without personal identifying information) of the diversity characteristics of applicants and borrowers under the program; and ``(2) a probability analysis with respect to the diversity of applicants who receive loans under the program. ``SEC. 39. TELECOMMUNICATIONS ACCELERATED CERTIFIED LENDER PROGRAM. ``(a) In General.--There is established a program, to be known as the `Telecommunications Accelerated Certified Lender Program', under which the Administrator-- ``(1) shall guarantee loans made to qualified telecommunications borrowers-- ``(A) for acquisition of spectrum licenses through Federal Communications Commission auction; and ``(B) for acquisition of spectrum licenses in the secondary market for licenses originally acquired through Federal Communications Commission auction; and ``(2) shall guarantee loans made to qualified telecommunications borrowers for telecommunications equipment and working capital in connection with any acquisition referred to in paragraph (1). ``(b) Funding.--The expenses of loan guarantees under subsection (a) shall be paid from the Telecommunications Loan Guarantee Fund, established under section 715 of the Communications Act of 1934. ``(c) Approved Lenders.--Loans guaranteed under this section shall be made by lenders that are insured depositary institutions and are approved by the Administrator. In evaluating an institution for approval, the Administrator shall take into consideration the financial stability of the institution, the experience and expertise of the institution in lending to telecommunications borrowers, and the need for diversity in the management and ownership of approved institutions. ``(d) Loan Guarantee Conditions.-- ``(1) Limitation on disbursement.--The Administrator shall require, as a condition of any loan guarantee under subsection (a)(1), that the lender may not disburse any loan amount if the cost of the license involved exceeds the approved loan amount plus, as determined by the Administrator, cash available to the applicant for the purpose of paying the difference between the approved loan amount and the cost of the license. ``(2) Security interest and forced sale requirements.--The Administrator shall require, as a condition of any loan guarantee under subsection (a), that-- ``(A) any disbursement of a loan amount be fully protected by a secured interest in the proceeds of a sale or other assignment of the license involved; and ``(B) the loan agreement contain specific measures by which, in the case of a default by the borrower, the lender may require the borrower to sell or otherwise assign the license. ``(e) General Applicability; Waiver Exception.--Loan guarantees under this section shall be subject to all otherwise applicable provisions of this Act, except that the Administrator may waive any limitation on the amount of an individual loan guarantee or on the total amount of loan guarantees to a single borrower. ``(f) Definitions.--As used in this section-- ``(1) the term `qualified telecommunications borrower' means a small business concern that, as determined by the Administrator, has, in addition to the other requirements of this Act, a level of specialized telecommunications expertise (including technical knowledge, business skill, and management experience) that is appropriate for the purpose for which the loan or guarantee involved is made; and ``(2) the term `Administrator' means the Administrator, acting through the Associate Administrator for Telecommunications Finance. ``(g) Collection of Data.--The Administrator shall collect data with respect to the operation of the program under this section. The data so collected-- ``(1) shall be accumulated on a calendar year basis; ``(2) shall be maintained in an electronic database; ``(3) shall include information on the ethnicity, race, and sex of all applicants, whether the applications involved are approved, denied, withdrawn, or otherwise disposed of; and ``(4) shall include other information that, as determined by the Administrator, is relevant to the disposition of applications. ``(h) Report.--Not later than December 31 of each year, the Administrator shall submit to the Congress a report, with respect to the preceding calendar year, of the status of the program under this section. The report shall include-- ``(1) a statistical analysis (without personal identifying information) of the diversity characteristics of applicants and borrowers under the program; and ``(2) a probability analysis with respect to the diversity of applicants who receive loans under the program.''. SEC. 4. TELECOMMUNICATIONS LOAN GUARANTEE FUND. (a) In General.--Title VII of the Communications Act of 1934 is amended by inserting after section 714 (42 U.S.C. 614) the following new section: ``SEC. 715. TELECOMMUNICATIONS LOAN GUARANTEE FUND. ``(a) Establishment.-- ``(1) In general.--There is hereby established the Telecommunications Loan Guarantee Fund (hereafter in this section referred to as the `Fund') in the Department of the Treasury under the control of the Secretary of the Treasury (hereafter in this section referred to as the `Secretary'). ``(2) Initial capitalization of fund.--The first $10,000,000,000 of proceeds received from the auction of spectrum licenses by the Federal Communications Commission after the date of the enactment of this section shall be deposited in the Fund and shall constitute the capitalization of the Fund. ``(b) Maintenance of Fund.-- ``(1) In general.--Amounts in the Fund shall be deposited by the Secretary in depositaries designated by the Secretary which have also been designated by the Telecommunications Finance Office of the Small Business Administration as certified telecommunications lenders. ``(2) Interest.--Interest paid by depositaries on amounts deposited in accordance with paragraph (1) shall be deposited in the Fund and be available for the purposes of the Fund. ``(c) Purpose of Fund.--Amounts in the Fund shall be available to meet any obligation of the Small Business Administration arising under a loan guarantee issued by the Telecommunications Finance Office of the Small Business Administration in connection with a loan under section 38(a)(2) or section 39(a) of the Small Business Act.''. SEC. 5. PARTICIPATION IN SPECTRUM AUCTIONS. Section 309(j)(5) of the Communications Act of 1934 (47 U.S.C. 309(j)(5)) is amended-- (1) by striking ``No person'' and inserting the following: ``(A) In general.--No person''; and (2) by adding at the end the following: ``(B) Qualified telecommunications borrowers.--With respect to any person that meets the qualification requirements of this paragraph and that is a qualified telecommunications borrower under section 38 or 39 of the Small Business Act, the Commission shall accept, in lieu of any upfront payment or earnest money deposit required by Commission regulation, a letter of credit provided to such borrower under such section that equals or exceeds the amount of such required payment or deposit. In any competitive bidding conducted under this subsection in which the Commission identifies any such qualified telecommunications borrower as the high bidder at the time of declaring that the bidding has closed, the Commission shall notify the Administrator of the Small Business Administration of the identity of such bidder, the amount of the high bid, and the total amount required to be deposited with the Commission to qualify for the award of the license under Commission regulations. In the case of a qualified telecommunications borrower under section 38, the amount of such deposit may be satisfied by debiting the loan account of the borrower at the Treasury.''.

Amends the Small Business Act to establish within the Small Business Administration (SBA) an Associate Administrator for Telecommunications Finance (Associate Administrator) to supervise and manage SBA financing in the area of telecommunications. Authorizes the Associate Administrator to approve SBA loan guarantees with respect to Federal Communications Commission (FCC) spectrum licenses (for radio and television broadcasting) acquired in the secondary market. Establishes a Telecommunications Finance Office. Establishes the Telecommunications Spectrum Installment Loan Program to: (1) make direct loans to qualified telecommunications borrowers (borrowers) for the acquisition of spectrum licenses through FCC auction; and (2) guarantee loans to borrowers for telecommunications equipment and working capital in connection with spectrum license acquisitions. Establishes the Telecommunications Accelerated Certified Lender Program for the guarantee by certified lenders of loans made to borrowers for: (1) the acquisition of spectrum licenses through either FCC auction or the secondary market; and (2) telecommunications equipment and working capital in connection with spectrum license acquisitions. Requires certified lenders to be insured depository institutions approved by the SBA. Amends the Communications Act of 1934 to: (1) establish the Telecommunications Loan Guarantee Fund for financing loans authorized under this Act; and (2) require the FCC, with respect to FCC spectrum auctions, to accept from a borrower a letter of credit in lieu of any upfront payment or other earnest money required by FCC regulation.

To amend the Small Business Act and the Communications Act of 1934 to increase participation by small businesses in spectrum auctions conducted by the Federal Communications Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Upper Mississippi Conservation and River Protection Act of 2012'' or the ``Upper Mississippi CARP Act''. SEC. 2. DEFINITIONS. In this Act: (1) Alternative technology barrier.--The term ``alternative technology barrier'' means-- (A) an electric barrier; (B) an acoustic barrier; (C) a bubble barrier; and (D) any other barrier the Secretary determines to be appropriate. (2) Asian carp.--The term ``Asian carp'' means-- (A) grass carp (Ctenopharyngodon idella); (B) silver carp (Hypophthalmichthys molitrix); (C) bighead carp (Hypophthalmichthys nobilis); and (D) black carp (Mylopharyngodon piceus). (3) Lock and dam 2.--The term ``Lock and Dam 2'' means the lock and dam located on Mississippi River mile 815.2 upstream of Hastings, Minnesota. (4) Lock and dam 4.--The term ``Lock and Dam 4'' means the lock and dam located on Mississippi River mile 752.8 in Alma, Wisconsin. (5) Secretary.--The term ``Secretary'' means the Secretary of the Army, acting through the Chief of Engineers. (6) Upper st. anthony falls lock and dam.--The term ``Upper St. Anthony Falls Lock and Dam'' means the lock and dam located on Mississippi River mile 853.9 in Minneapolis, Minnesota. SEC. 3. FEASIBILITY STUDY ON TEMPORARY CLOSURE OF UPPER ST. ANTHONY FALLS LOCK. (a) Study.--The Secretary shall conduct a study on the feasibility of temporarily closing the lock at the Upper St. Anthony Falls Lock and Dam to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota. (b) Potential Impacts.--In conducting the study, the Secretary shall assess the potential impacts, including environmental and economic impacts of-- (1) temporary closure of the lock; and (2) continuing to operate the lock. (c) Consultation.--The Secretary shall carry out the study in consultation with the Secretary of the Interior and appropriate Federal, State, and local entities. (d) Public Comment.--In conducting the study, the Secretary shall provide an opportunity for, and take into consideration, public comments. (e) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the study. SEC. 4. FEASIBILITY STUDY ON USE OF OTHER ASIAN CARP CONTROL MEASURES. (a) Study.--The Secretary shall conduct a study on the feasibility of implementing control measures at the Upper St. Anthony Falls Lock and Dam to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota. (b) Types of Control Measures.--The study shall include an examination of-- (1) permanent closure of the lock; (2) modified lock operations; (3) the use of an alternative technology barrier; and (4) any other control measures the Secretary determines to be appropriate. (c) Potential Impacts.--In conducting the study, the Secretary shall assess the potential impacts, including environmental and economic impacts of-- (1) implementing each of the control measures described in subsection (b); and (2) not implementing any control measures. (d) Consultation.--The Secretary shall carry out the study in consultation with the Secretary of the Interior and appropriate Federal, State, and local entities. (e) Public Comment.--In conducting the study, the Secretary shall provide an opportunity for, and take into consideration, public comments. (f) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the study. SEC. 5. CLOSURE OF LOCKS TO PREVENT SPREAD OF ASIAN CARP. (a) Discretionary Closure.--The Secretary may close the lock at the Upper St. Anthony Falls Lock and Dam if the Secretary determines in writing, based on the assessment of potential impacts under section 3(b), that closure of the lock is justified as a method to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota. (b) Mandatory Closure.--The Secretary shall close the lock at the Upper St. Anthony Falls Lock and Dam if the Secretary determines that-- (1) 1 or more live adult Asian carp has been captured above Lock and Dam 2; or (2) 1 or more juvenile Asian carp has been captured above Lock and Dam 4. (c) Period of Closure.--If the Secretary closes the lock under this section, the Secretary may reopen the lock after the Secretary determines in writing that adequate measures are in place to manage the threat of Asian carp moving upstream of the Upper St. Anthony Falls Lock and Dam. (d) Emergency Operations.--Nothing in this section shall prevent the Secretary from carrying out emergency lock operations necessary to mitigate flood damage. SEC. 6. ASIAN CARP CONTROL STRATEGY FRAMEWORK. The Council on Environmental Quality shall incorporate the Upper Mississippi River and tributaries, the Minnesota River, and the St. Croix River into the Asian Carp Control Strategy Framework of the Council. SEC. 7. SENSE OF CONGRESS. It is the sense of Congress that, to the maximum extent practicable, Federal agencies researching Asian carp control technologies should partner with State and local shareholders, giving priority to those collaborative partnerships in which the State and local shareholders contribute to the cost of the research.

Upper Mississippi Conservation and River Protection Act of 2012 or the Upper Mississippi CARP Act - Directs the Chief of Engineers to: (1) study the feasibility of temporarily closing the lock at the Upper St. Anthony Falls Lock and Dam, or implementing control measures at the lock, including permanently closing the lock, modifying lock operations, or using an alternative technology barrier, to manage the threat of Asian carp traveling up the Mississippi River in Minnesota; and (2) assess the potential impacts, including environmental and economic impacts, of temporarily closing the lock or continuing to operate it and of implementing the control measures or not implementing such measures. Authorizes the Chief to close the lock upon determining that closure is justified based on the assessment of potential impacts. Requires the Chief to close the lock upon determining that a live adult Asian carp has been captured above Lock and Dam 2 or that a juvenile Asian carp has been captured above Lock and Dam 4. Allows the Chief to reopen the lock upon determining that adequate measures are in place to manage the threat. Directs the Council on Environmental Quality to incorporate the Upper Mississippi River and tributaries, the Minnesota River, and the St. Croix River into the Asian Carp Control Strategy Framework of the Council. Expresses the sense of Congress that federal agencies researching Asian carp control technologies should partner with state and local shareholders, giving priority to collaborative partnerships in which such shareholders contribute to the cost of the research.

A bill to authorize the Secretary of the Army to carry out activities to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Safety Dividend Act''. SEC. 2. PAYMENT IN LIEU OF A COST-OF-LIVING ADJUSTMENT TO RECIPIENTS OF SOCIAL SECURITY, SUPPLEMENTAL SECURITY INCOME, RAILROAD RETIREMENT BENEFITS, AND VETERANS DISABILITY COMPENSATION OR PENSION BENEFITS. (a) Authority To Make Payments.-- (1) Eligibility.-- (A) In general.--The Secretary of the Treasury shall disburse, out of any funds in the Treasury of the United States not otherwise appropriated, a cash payment equal to $250 for each non-COLA year of a program providing benefit payments described in clause (i), (ii), or (iii) of subparagraph (C) or in subparagraph (D) to each individual who, for any month during such year, is entitled to such benefit payment. (B) Non-COLA year.--For purposes of this section, the term ``non-COLA year'' means, in connection with a program referred to in subparagraph (A), a 12-month period for which-- (i) a cost-of-living adjustment is generally provided under such program in relation to an index specified in section 215(i) of the Social Security Act (42 U.S.C. 415(i)); and (ii) such an adjustment does not take effect by reason of the performance of such index. (C) Benefit payment described.--For purposes of subparagraph (A): (i) Title ii benefit.--A benefit payment described in this clause is a monthly insurance benefit payable (without regard to sections 202(j)(1) and 223(b) of the Social Security Act (42 U.S.C. 402(j)(1), 423(b)) under-- (I) section 202(a) of such Act (42 U.S.C. 402(a)); (II) section 202(b) of such Act (42 U.S.C. 402(b)); (III) section 202(c) of such Act (42 U.S.C. 402(c)); (IV) section 202(d)(1)(B)(ii) of such Act (42 U.S.C. 402(d)(1)(B)(ii)); (V) section 202(e) of such Act (42 U.S.C. 402(e)); (VI) section 202(f) of such Act (42 U.S.C. 402(f)); (VII) section 202(g) of such Act (42 U.S.C. 402(g)); (VIII) section 202(h) of such Act (42 U.S.C. 402(h)); (IX) section 223(a) of such Act (42 U.S.C. 423(a)); (X) section 227 of such Act (42 U.S.C. 427); or (XI) section 228 of such Act (42 U.S.C. 428). (ii) Railroad retirement benefit.--A benefit payment described in this clause is a monthly annuity or pension payment payable (without regard to section 5(a)(ii) of the Railroad Retirement Act of 1974 (45 U.S.C. 231d(a)(ii))) under-- (I) section 2(a)(1) of such Act (45 U.S.C. 231a(a)(1)); (II) section 2(c) of such Act (45 U.S.C. 231a(c)); (III) section 2(d)(1)(i) of such Act (45 U.S.C. 231a(d)(1)(i)); (IV) section 2(d)(1)(ii) of such Act (45 U.S.C. 231a(d)(1)(ii)); (V) section 2(d)(1)(iii)(C) of such Act to an adult disabled child (45 U.S.C. 231a(d)(1)(iii)(C)); (VI) section 2(d)(1)(iv) of such Act (45 U.S.C. 231a(d)(1)(iv)); (VII) section 2(d)(1)(v) of such Act (45 U.S.C. 231a(d)(1)(v)); or (VIII) section 7(b)(2) of such Act (45 U.S.C. 231f(b)(2)) with respect to any of the benefit payments described in clause (i) of this subparagraph. (iii) Veterans benefit.--A benefit payment described in this clause is a compensation or pension payment payable under-- (I) section 1110, 1117, 1121, 1131, 1141, or 1151 of title 38, United States Code; (II) section 1310, 1312, 1313, 1315, 1316, or 1318 of title 38, United States Code; (III) section 1513, 1521, 1533, 1536, 1537, 1541, 1542, or 1562 of title 38, United States Code; or (IV) section 1805, 1815, or 1821 of title 38, United States Code, to a veteran, surviving spouse, child, or parent as described in paragraph (2), (3), (4)(A)(ii), or (5) of section 101, title 38, United States Code. (D) SSI cash benefit described.--A SSI cash benefit described in this subparagraph is a cash benefit payable under section 1611 (other than under subsection (e)(1)(B) of such section) or 1619(a) of the Social Security Act (42 U.S.C. 1382, 1382h). (2) Requirement.--A payment shall be made under paragraph (1) only to individuals who reside in 1 of the 50 States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, American Samoa, or the Northern Mariana Islands, or who are utilizing a foreign or domestic Army Post Office, Fleet Post Office, or Diplomatic Post Office address. For purposes of the preceding sentence, the determination of the individual's residence shall be based on the address of record, as of the date of certification under subsection (b) for a payment under this section under a program specified in paragraph (1). (3) No double payments.--An individual shall be paid only 1 payment for any non-COLA year under this section, regardless of whether the individual is entitled to, or eligible for, more than 1 benefit or cash payment described in paragraph (1). (4) Limitation.--A payment under this section shall not be made (or, in the case of subparagraph (D), shall not be due)-- (A) in the case of an individual entitled to a benefit specified in paragraph (1)(B)(i) or paragraph (1)(B)(ii)(VIII) if, for any month within the 12-month period ending with the month of payment, such individual's benefit under such paragraph was not payable by reason of subsection (x) or (y) of section 202 the Social Security Act (42 U.S.C. 402) or section 1129A of such Act (42 U.S.C. 1320a-8a); (B) in the case of an individual entitled to a benefit specified in paragraph (1)(B)(iii) if, for any month within the 12-month period ending with the month of payment, such individual's benefit under such paragraph was not payable, or was reduced, by reason of section 1505, 5313, or 5313B of title 38, United States Code; (C) in the case of an individual entitled to a benefit specified in paragraph (1)(C) if, for any month within the 12-month period ending with the month of payment, such individual's benefit under such paragraph was not payable by reason of subsection (e)(1)(A) or (e)(4) of section 1611 (42 U.S.C. 1382) or section 1129A of such Act (42 U.S.C. 1320a-8a); or (D) in the case of any individual whose date of death occurs-- (i) before the date of the receipt of the payment; or (ii) in the case of a direct deposit, before the date on which such payment is deposited into such individual's account. In the case of any individual whose date of death occurs before a payment is negotiated (in the case of a check) or deposited (in the case of a direct deposit), such payment shall not be due and shall not be reissued to the estate of such individual or to any other person. (5) Timing and manner of payments.--The Secretary of the Treasury shall commence disbursing payments under this section at the earliest practicable date for any non-COLA year prior to April 1 following such year. The Secretary of the Treasury may disburse any payment electronically to an individual in such manner as if such payment was a benefit payment or cash benefit to such individual under the applicable program described in subparagraph (B) or (C) of paragraph (1). (b) Identification of Recipients.--The Commissioner of Social Security, the Railroad Retirement Board, and the Secretary of Veterans Affairs shall certify the individuals entitled to receive payments under this section for each non-COLA year and provide the Secretary of the Treasury with the information needed to disburse such payments. A certification of an individual shall be unaffected by any subsequent determination or redetermination of the individual's entitlement to, or eligibility for, a benefit specified in subparagraph (B) or (C) of subsection (a)(1) (except that such certification shall be affected by a determination that an individual is an individual described in subparagraph (A), (B), (C), or (D) of subsection (a)(4) during a period described in such subparagraphs). (c) Treatment of Payments.-- (1) Payment to be disregarded for purposes of all federal and federally assisted programs.--A payment under subsection (a) shall not be regarded as income and shall not be regarded as a resource for the month of receipt and the following 9 months, for purposes of determining the eligibility of the recipient (or the recipient's spouse or family) for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds. (2) Payment not considered income for purposes of taxation.--A payment under subsection (a) shall not be considered as gross income for purposes of the Internal Revenue Code of 1986. (3) Payments protected from assignment.--The provisions of sections 207 and 1631(d)(1) of the Social Security Act (42 U.S.C. 407, 1383(d)(1)), section 14(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231m(a)), and section 5301 of title 38, United States Code, shall apply to any payment made under subsection (a) as if such payment was a benefit payment or cash benefit to such individual under the applicable program described in subparagraph (B) or (C) of subsection (a)(1). (4) Payments subject to offset.--Notwithstanding paragraph (3)-- (A) any payment made under this section shall, in the case of a payment of a direct deposit which is made after the date of the enactment of this Act, be subject to the reclamation provisions under subpart B of part 210 of title 31, Code of Federal Regulations (relating to reclamation of benefit payments); and (B) any payment made under this section shall not, for purposes of section 3716 of title 31, United States Code, be considered a benefit payment or cash benefit made under the applicable program described in subparagraph (B) or (C) of subsection (a)(1), and all amounts paid shall be subject to offset to collect delinquent debts. (d) Payment to Representative Payees and Fiduciaries.-- (1) In general.--In any case in which an individual who is entitled to a payment under subsection (a) and whose benefit payment or cash benefit described in paragraph (1) of that subsection is paid to a representative payee or fiduciary, the payment under subsection (a) shall be made to the individual's representative payee or fiduciary and the entire payment shall be used only for the benefit of the individual who is entitled to the payment. (2) Applicability.-- (A) Payment on the basis of a title ii or ssi benefit.--Section 1129(a)(3) of the Social Security Act (42 U.S.C. 1320a-8(a)(3)) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(i) or (1)(C) of subsection (a) in the same manner as such section applies to a payment under title II or XVI of such Act. (B) Payment on the basis of a railroad retirement benefit.--Section 13 of the Railroad Retirement Act (45 U.S.C. 231l) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(ii) of subsection (a) in the same manner as such section applies to a payment under such Act. (C) Payment on the basis of a veterans benefit.-- Sections 5502, 6106, and 6108 of title 38, United States Code, shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(iii) of subsection (a) in the same manner as those sections apply to a payment under that title.

Social Security Safety Dividend Act - Directs the Secretary of the Treasury to disburse a $250 payment for a particular year to recipients of Social Security benefits, Supplemental Security Income (SSI) benefits (under title XVI of the Social Security Act), railroad retirement benefits, or veterans disability compensation or pension benefits if no cost-of-living adjustment (COLA) is payable for any month in such a year.

To ensure that seniors, veterans, and people with disabilities who receive Social Security and certain other Federal benefits receive a $250 payment in the event that no cost-of-living adjustment is payable in a calendar year.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydrographic Services Improvement Act Amendments of 2008''. SEC. 2. DEFINITIONS. Section 302 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892) is amended-- (1) by amending paragraph (3) to read as follows: ``(3) Hydrographic data.--The term `hydrographic data' means information that-- ``(A) is acquired through-- ``(i) hydrographic, bathymetric, photogrammetric, lidar, radar, remote sensing, or shoreline and other ocean- and coastal- related surveying; ``(ii) geodetic, geospatial, or geomagnetic measurements; ``(iii) tide, water level, and current observations; or ``(iv) other methods; and ``(B) is used in providing hydrographic services.''; (2) by amending paragraph (4)(A) to read as follows: ``(A) the management, maintenance, interpretation, certification, and dissemination of bathymetric, hydrographic, shoreline, geodetic, geospatial, geomagnetic, and tide, water level, and current information, including the production of nautical charts, nautical information databases, and other products derived from hydrographic data;''; and (3) by striking paragraph (5). SEC. 3. FUNCTIONS OF THE ADMINISTRATOR. Section 303 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892a) is amended-- (1) in subsection (a)-- (A) by striking ``the Act of 1947,'' and inserting ``the Coast and Geodetic Survey Act (33 U.S.C. 883a et seq.)''; and (B) in paragraph (1) by striking ``data;'' and inserting ``data and provide hydrographic services;''; (2) in subsection (b)-- (A) by striking ``the Act of 1947,'' and inserting ``the Coast and Geodetic Survey Act (33 U.S.C. 883a et seq.)''; (B) in paragraph (3) by striking ``title IX of the Federal Property and Administrative Services Act of 1949; and'' and inserting ``subchapter VI of chapter 10 of title 40, United States Code;''; (C) in paragraph (4) by striking the period and inserting ``; and''; and (D) by adding at the end the following: ``(5) may create, support, and maintain a Joint Hydrographic Institute.''; and (3) by striking subsection (c) and inserting the following: ``(c) Acquisition of Hydrographic Data and Provide Hydrographic Services.--To the extent that it does not detract from the promotion of safe and efficient navigation, the Administrator may acquire hydrographic data and provide hydrographic services to-- ``(1) support the conservation and management of coastal and ocean resources; ``(2) save and protect life and property; ``(3) support the resumption of commerce in response to emergencies, natural disasters, and man-made disasters; and ``(4) meet homeland security and maritime domain awareness needs, including carrying out mission assignments (as that term is defined in section 641 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 741).''. SEC. 4. HYDROGRAPHIC SERVICES REVIEW PANEL. Section 305 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892c) is amended-- (1) in subsection (c)(1)(A) by striking ``Director'' and inserting ``Co-directors''; (2) in subsections (c)(1)(C), (c)(3), and (e) by striking ``Secretary'' each place it appears and inserting ``Administrator''; and (3) by amending subsection (d) to read as follows: ``(d) Compensation.--Voting members of the panel shall be reimbursed for actual and reasonable expenses, including travel and per diem, incurred in the performance of duties for the panel.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 306 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892d) is amended to read as follows: ``SEC. 306. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Administrator the following: ``(1) To carry out nautical mapping and charting functions under sections 303 and 304, except for conducting hydrographic surveys-- ``(A) $55,000,000 for fiscal year 2009; ``(B) $56,000,000 for fiscal year 2010; ``(C) $57,000,000 for fiscal year 2011; and ``(D) $58,000,000 for fiscal year 2012. ``(2) To contract for hydrographic surveys under section 303(b)(1), including the leasing or time chartering of vessels-- ``(A) $32,130,000 for fiscal year 2009; ``(B) $32,760,000 for fiscal year 2010; ``(C) $33,390,000 for fiscal year 2011; and ``(D) $34,020,000 for fiscal year 2012. ``(3) To operate hydrographic survey vessels owned by the United States and operated by the Administration-- ``(A) $25,900,000 for fiscal year 2009; ``(B) $26,400,000 for fiscal year 2010; ``(C) $26,900,000 for fiscal year 2011; and ``(D) $27,400,000 for fiscal year 2012. ``(4) To carry out geodetic functions under this title-- ``(A) $32,640,000 for fiscal year 2009; ``(B) $32,280,000 for fiscal year 2010; ``(C) $33,920,000 for fiscal year 2011; and ``(D) $34,560,000 for fiscal year 2012. ``(5) To carry out tide and current measurement functions under this title-- ``(A) $27,000,000 for fiscal year 2009; ``(B) $27,500,000 for fiscal year 2010; ``(C) $28,000,000 for fiscal year 2011; and ``(D) $28,500,000 for fiscal year 2012. ``(6) To acquire a replacement hydrographic survey vessel capable of staying at sea continuously for at least 30 days $75,000,000.''. SEC. 6. ADDITION OF SHORT TITLE TO EXISTING LAW. The Act of August 6, 1947 (chapter 504; 33 U.S.C. 883a et seq.) is amended by adding at the end the following: ``SEC. 11. SHORT TITLE. ``This Act may be cited as the `Coast and Geodetic Survey Act'.''. Passed the House of Representatives March 31, 2008. Attest: LORRAINE C. MILLER, Clerk.

Hydrographic Services Improvement Act Amendments of 2008 - Amends the Hydrographic Services Improvement Act of 1998 to revise the definition of "hydrographic data" to include information acquired through lidar, radar, remote sensing, shoreline and other ocean- and coastal-related surveying, and water level observations. Revises the definition of "hydrographic services" to include shoreline and water level information. Requires the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to provide hydrographic services. Modifies requirements regarding the awarding of contracts for the acquisition of hydrographic data. Authorizes the Administrator to create and maintain a Joint Hydrographic Institute. Authorizes the Administrator to acquire hydrographic data and provide hydrographic services to support the conservation and management of coastal and ocean resources, save and protect life and property, support commerce resumption after emergencies and disasters, and meet homeland security and maritime domain awareness needs, including carrying out mission assignments. (Current law only authorizes the Administrator to use hydrographic data and services to support the conservation and management of coastal and ocean resources.) Modifies membership and compensation provisions regarding the Hydrographic Services Review Panel. Authorizes appropriations to carry out nautical mapping and charting, contract for hydrographic surveys, operate hydrographic survey vessels, carry out geodetic functions, carry out tide and current measurement, and acquire a replacement hydrographic survey vessel. Amends the Act of August 6, 1947, to give it the name "Coast and Geodetic Survey Act."

To reauthorize and amend the Hydrographic Services Improvement Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Katie Sepich Enhanced DNA Collection Act of 2010''. SEC. 2. INCENTIVE PAYMENTS UNDER THE BYRNE GRANTS PROGRAM FOR STATES TO IMPLEMENT MINIMUM AND ENHANCED DNA COLLECTION PROCESSES. Section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) is amended by adding at the end the following new subsection: ``(i) Payment Incentives for States to Implement Minimum and Enhanced DNA Collection Processes.-- ``(1) Payment incentives.-- ``(A) Bonus for minimum dna collection process.-- Subject to subparagraph (B), in the case of a State that receives funds for a fiscal year (beginning with fiscal year 2011) under this subpart and has implemented a minimum DNA collection process and uses such process for such year, the amount of funds that would otherwise be allocated under this subpart to such State for such fiscal year shall be increased by 5 percent. ``(B) Bonus for enhanced dna collection process.-- In the case of a State that receives funds for a fiscal year (beginning with fiscal year 2011) under this subpart and has implemented an enhanced DNA collection process and uses such process for such year, the amount of funds that would otherwise be allocated under this subpart to such State for such fiscal year shall be increased by 10 percent. ``(2) Definitions.--For purposes of this subsection: ``(A) Minimum dna collection process.--The term `minimum DNA collection process' means, with respect to a State, a process under which the Combined DNA Index System (CODIS) of the Federal Bureau of Investigation is searched at least one time against samples from the following individuals who are at least 18 years of age: ``(i) Such individuals who are arrested for, charged with, or indicted for a criminal offense under State law that consists of murder or voluntary manslaughter or any attempt to commit murder or voluntary manslaughter. ``(ii) Such individuals who are arrested for, charged with, or indicted for a criminal offense under State law that has an element involving a sexual act or sexual contact with another and that is punishable by imprisonment for more than 5 years, or an attempt to commit such an offense. ``(iii) Such individuals who are arrested for, charged with, or indicted for a criminal offense under State law that has an element of kidnaping or abduction punishable by imprisonment for 5 years or more. ``(B) Enhanced dna collection process.--The term `enhanced DNA collection process' means, with respect to a State, a process under which the State provides for the collection, for purposes of inclusion in the Combined DNA Index System (CODIS) of the Federal Bureau of Investigation, of DNA samples from the following individuals who are at least 18 years of age: ``(i) Such individuals who are arrested for or charged with a criminal offense under State law that consists of murder or voluntary manslaughter or any attempt to commit murder or voluntary manslaughter. ``(ii) Such individuals who are arrested for or charged with a criminal offense under State law that has an element involving a sexual act or sexual contact with another and that is punishable by imprisonment for more than 1 year, or an attempt to commit such an offense. ``(iii) Such individuals who are arrested for or charged with a criminal offense under State law that consists of a specified offense against a minor (as defined in section 111(7) of the Sex Offender Registration and Notification Act (42 U.S.C. 16911(7)), or an attempt to commit such an offense. ``(iv) Such individuals who are arrested for or charged with a criminal offense under State law that consists of burglary or any attempt to commit burglary. ``(v) Such individuals who are arrested for or charged with a criminal offense under State law that consists of aggravated assault. ``(3) Expungement of profiles.--The expungement requirements under section 210304(d) of the DNA Identification Act of 1994 (42 U.S.C. 14132(d)) shall apply to any samples collected pursuant to this subsection for purposes of inclusion in the Combined DNA Index System (CODIS) of the Federal Bureau of Investigation. ``(4) Reports.--The Attorney General shall submit to the Committee of the Judiciary of the House of Representatives and the Committee of the Judiciary of the Senate an annual report (which shall be made publicly available) that-- ``(A) lists the States, for the year involved-- ``(i) which have (and those States which have not) implemented a minimum DNA collection process and use such process; and ``(ii) which have (and those States which have not) implemented an enhanced DNA collection process and use such process; ``(B) describes the increases granted to States under paragraph (1) for the year involved and the amounts that States not receiving an increase under such paragraph would have received if such States had a minimum or enhanced DNA collection process; and ``(C) includes statistics, with respect to the year involved, regarding the benefits to law enforcement resulting from the implementation of minimum and enhanced DNA collection processes, including the number of matches made due to the inclusion of arrestee profiles under such a process. ``(5) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection for each of the fiscal years 2011 through 2015, in addition to funds made available under section 508, such sums as may be necessary, but not to exceed the amount that is 10 percent of the total amount appropriated pursuant to such section for such fiscal year.''. Passed the House of Representatives May 18, 2010. Attest: LORRAINE C. MILLER, Clerk.

Katie Sepich Enhanced DNA Collection Act of 2010 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase payments to states under the Edward Byrne Memorial Justice Assistance Grant program for implementing a minimum or an enhanced DNA collection process. Increases such payments by 5% for states that implement a minimum DNA collection process and by 10% for states that implement an enhanced DNA process. Defines "minimum DNA collection process" as a process under which the Combined DNA Index System (CODIS) of the Federal Bureau of Investigation (FBI) is searched at least one time against samples of individuals who are at least 18 years of age and who are arrested for, charged with, or indicted for crimes involving murder, manslaughter, sexual assaults, and kidnapping or abduction. Defines "enhanced DNA collection process" as a process under which states provide for the collection, for purposes of inclusion in CODIS, of DNA samples from individuals who are at least 18 years of age and who are arrested or charged with crimes involving murder, manslaughter, sexual assault, certain sexual offenses involving a minor, burglary, and aggravated assault. Directs the Attorney General to submit to the Judiciary Committees of Congress an annual report: (1) listing states which have (and which have not) implemented a minimum or enhanced DNA collection process and which use such processes; (2) describing the increases in grant payments to states; and (3) including statistics on benefits to law enforcement resulting from the implementation of minimum and enhanced DNA collection processes. Authorizes appropriations for FY2011-FY2015.

To amend part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 to provide for incentive payments under the Edward Byrne Memorial Justice Assistance Grant program for States to implement minimum and enhanced DNA collection processes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Food for Healthy Families Act of 2013''. SEC. 2. LOCAL FOOD FOR HEALTHY FAMILIES PROGRAM. (a) Establishment of Program.--The Secretary of Agriculture (hereinafter in this Act referred to as the Secretary unless the context specifies otherwise) shall establish the Local Food for Healthy Families Program for the purpose of making grants to certain entities to carry out projects to provide incentives to low-income families receiving supplemental nutrition assistance program benefits to purchase fruits and vegetables. (b) Administrative Costs.--Not more than 10 percent of the funds made available to carry out this Act for a fiscal year may be used by the Secretary to administer, evaluate, and monitor this Act for such fiscal year. (c) Advisory Committee.--The Secretary shall convene an advisory committee composed of representatives of organizations that have prior experience implementing local fruit and vegetable incentive programs to advise him on the design of the Local Food for Healthy Families Program. SEC. 3. ELIGIBLE ENTITIES. (a) Applications.--Subject to subsection (b), to be eligible to receive a grant to carry out a project under this Act, the following entities may submit to the Secretary an application that contains such information and assurances, at such time and in such form, as the Secretary may require by rule: (1) Private nonprofit entities. (2) Agricultural cooperatives. (3) Producer networks or associations. (4) Community health organizations. (5) Public benefit corporations. (6) Economic development cooperatives. (7) Farmers' markets. (8) Community supported agriculture programs. (9) Buying clubs. (10) Retail food stores that participate in the supplemental nutrition assistance program. (11) State, local, or tribal agencies. (b) Required Assurance.--An application submitted under subsection (a) shall include an assurance that the applicant will impose on recipients of incentives under this Act the same terms and conditions that apply to purchases made by individuals using supplemental nutrition assistance program benefits. SEC. 4. PRIORITY. In making grants under section 2, the Secretary shall give priority to eligible entities that-- (1) are located in underserved communities, (2) provide locally produced fruits and vegetables, (3) maximize the share of funds used for direct incentives to participants, (4) use direct-to-consumer sales marketing, (5) demonstrate a track record of designing and implementing successful nutrition incentive programs that connect low-income consumers and agricultural producers, (6) develop innovative linkages between for-profit and nonprofit organizations, and (7) address other criteria as established by the Secretary. SEC. 5. MATCHING FUNDS REQUIREMENT. (a) Federal Share of Costs.--Not more than 50 percent of the cost of any project for which a grant is made under section 2 may be paid with Federal funds. (b) Non-Federal Share of Costs.--An eligible entity that applies for a grant under section 2 shall agree to provide not less than 50 percent of the cost of the project for which application is submitted from non-Federal sources, except that-- (1) an eligible entity that is a nonprofit entity may value in cash or in-kind (fairly evaluated) its share of the cost of such project, and (2) an eligible entity that is a for-profit entity may value only in cash (and may not include services of an employee, including salaries paid or expenses covered by the employer) its share of the cost of such project. SEC. 6. INDEPENDENT EVALUATIONS. The Secretary shall provide for an independent evaluation of each project for which a grant is made under this Act. Such evaluation shall-- (1) measure the impact of such project on-- (A) improving the nutrition and health status of families that participate in projects carried out under this Act, and (B) increasing the quantity of fruits and vegetables purchased by such families, and (2) use rigorous methodologies capable of producing scientifically valid information regarding the effectiveness of such project. SEC. 7. TECHNICAL ASSISTANCE AND RELATED INFORMATION. (a) Technical Assistance.--In carrying out this Act, the Secretary may provide technical assistance regarding the operation of the Local Food for Healthy Families Program to entities that request such information. (b) Sharing Information.--The Secretary may provide for sharing of information concerning the operation of the Local Food for Healthy Families Program, the operation of projects carried out under such program, and the issues arising from such program and such projects, with and among-- (1) governmental, for-profit, and nonprofit groups, and the public through publications, conferences, and other appropriate forums, and (2) researchers, practitioners, and other interested persons. SEC. 8. TREATMENT OF FUNDS. (a) In General.--The value of any incentive provided under this Act to a participating family shall not be considered income or resources for any purpose under any Federal, State, or local law. (b) No Limitation on Benefits.--A grant made available under this Act shall not be used to carry out any project that limits the use of benefits provided under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or any other Federal nutrition law. (c) Household Allotment.--Incentives provided under this Act to families that receive supplemental nutrition assistance program benefits shall not-- (1) be considered to be part of such benefits; or (2) be used in the collection or disposition of claims under section 13 of the Food and Nutrition Act of 2008 (7 U.S.C. 2022). SEC. 9. APPROPRIATION OF FUNDS. Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out the Local Food for Healthy Families Program $20,000,000 for each of the fiscal years 2014 through 2018.

Local Food for Healthy Families Act of 2013 - Directs the Secretary of Agriculture (USDA) to establish the local food for healthy families program to make grants to specified entities to provide low-income families receiving supplemental nutrition assistance program benefits (SNAP, formerly known as the food stamp program) with incentives to purchase fruits and vegetables.

Local Food for Healthy Families Act of 2013

SECTION 1. DIVIDENDS OF INDIVIDUALS TAXED AT CAPITAL GAIN RATES. (a) In General.--Section 1(h) of the Internal Revenue Code of 1986 (relating to maximum capital gains rate) is amended by adding at the end the following new paragraph: ``(13) Dividends taxed as net capital gain.-- ``(A) In general.--For purposes of this subsection, the term `net capital gain' means net capital gain (determined without regard to this paragraph), increased by qualified dividend income. ``(B) Qualified dividend income.--For purposes of this paragraph-- ``(i) In general.--The term `qualified dividend income' means dividends received from domestic corporations during the taxable year. ``(ii) Certain dividends excluded.--Such term shall not include-- ``(I) any dividend from a corporation which for the taxable year of the corporation in which the distribution is made, or the preceding taxable year, is a corporation exempt from tax under section 501 or 521, ``(II) any amount allowed as a deduction under section 591 (relating to deduction for dividends paid by mutual savings banks, etc.), and ``(III) any dividend described in section 404(k). ``(iii) Minimum holding period.--Such term shall not include any dividend on any share of stock with respect to which the holding period requirements of section 246(c) are not met. ``(C) Special rules.-- ``(i) Amounts taken into account as investment income.--Qualified dividend income shall not include any amount which the taxpayer takes into account as investment income under section 163(d)(4)(B). ``(ii) Nonresident aliens.--In the case of a nonresident alien individual, subparagraph (A) shall apply only-- ``(I) in determining the tax imposed for the taxable year pursuant to section 871(b) and only in respect of amounts which are effectively connected with the conduct of a trade or business within the United States, and ``(II) in determining the tax imposed for the taxable year pursuant to section 877. ``(iii) Treatment of dividends from regulated investment companies and real estate investment trusts.-- ``For treatment of dividends from regulated investment companies and real estate investment trusts, see sections 854 and 857.'' (b) Exclusion of Dividends From Investment Income.--Subparagraph (B) of section 163(d)(4) of the Internal Revenue Code of 1986 (defining net investment income) is amended by adding at the end the following flush sentence: ``Such term shall include qualified dividend income (as defined in section 1(h)(13)(B)) only to the extent the taxpayer elects to treat such income as investment income for purposes of this subsection.'' (c) Treatment of Dividends From Regulated Investment Companies.-- (1) Subsection (a) of section 854 of the Internal Revenue Code of 1986 (relating to dividends received from regulated investment companies) is amended by inserting ``section 1(h)(13) (relating to maximum rate of tax on dividends and interest) and'' after ``For purposes of''. (2) Paragraph (1) of section 854(b) of such Code (relating to other dividends) is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: ``(B) Maximum rate under section 1(h).-- ``(i) In general.--If the aggregate dividends received by a regulated investment company during any taxable year is less than 95 percent of its gross income, then, in computing the maximum rate under section 1(h)(13), rules similar to the rules of subparagraph (A) shall apply. ``(ii) Gross income.--For purposes of clause (i), in the case of 1 or more sales or other dispositions of stock or securities, the term `gross income' includes only the excess of-- ``(I) the net short-term capital gain from such sales or dispositions, over ``(II) the net long-term capital loss from such sales or dispositions.'' (3) Subparagraph (C) of section 854(b)(1) of such Code, as redesignated by paragraph (2), is amended by striking ``subparagraph (A)'' and inserting ``subparagraph (A) or (B)''. (4) Paragraph (2) of section 854(b) of such Code is amended by inserting ``the maximum rate under section 1(h)(13) and'' after ``for purposes of''. (d) Treatment of Dividends Received From Real Estate Investment Trusts.--Section 857(c) of the Internal Revenue Code of 1986 (relating to restrictions applicable to dividends received from real estate investment trusts) is amended to read as follows: ``(c) Restrictions Applicable To Dividends Received From Real Estate Investment Trusts.--For purposes of section 1(h)(13) (relating to maximum rate of tax on dividends) and section 243 (relating to deductions received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered a dividend.'' (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.

Amends the Internal Revenue Code to provide that dividend income shall be taxed as net capital gain.

A bill to amend the Internal Revenue Code of 1986 to provide that dividend income of individuals not be taxed at rates in excess of the maximum capital gains rate.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Striped Bass Conservation, Atlantic Coastal Fisheries Management, and Marine Mammal Rescue Assistance Act of 2000''. TITLE I--ATLANTIC COASTAL FISHERIES Subtitle A--Atlantic Striped Bass Conservation SEC. 101. REAUTHORIZATION OF ATLANTIC STRIPED BASS CONSERVATION ACT. Section 7(a) of the Atlantic Striped Bass Conservation Act (16 U.S.C. 1851 note) is amended to read as follows: ``(a) Authorization.--For each of fiscal years 2001, 2002, and 2003, there are authorized to be appropriated to carry out this Act-- ``(1) $1,000,000 to the Secretary of Commerce; and ``(2) $250,000 to the Secretary of the Interior.''. SEC. 102. POPULATION STUDY OF STRIPED BASS. (a) Study.--The Secretaries (as that term is defined in the Atlantic Striped Bass Conservation Act), in consultation with the Atlantic States Marine Fisheries Commission, shall conduct a study to determine if the distribution of year classes in the Atlantic striped bass population is appropriate for maintaining adequate recruitment and sustainable fishing opportunities. In conducting the study, the Secretaries shall consider-- (1) long-term stock assessment data and other fishery-dependent and independent data for Atlantic striped bass; and (2) the results of peer-reviewed research funded under the Atlantic Striped Bass Conservation Act. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretaries, in consultation with the Atlantic States Marine Fisheries Commission, shall submit to the Committee on Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the results of the study and a long-term plan to ensure a balanced and healthy population structure of Atlantic striped bass, including older fish. The report shall include information regarding-- (1) the structure of the Atlantic striped bass population required to maintain adequate recruitment and sustainable fishing opportunities; and (2) recommendations for measures necessary to achieve and maintain the population structure described in paragraph (1). (c) Authorization.--There are authorized to be appropriated to the Secretary of Commerce $250,000 to carry out this section. Subtitle B--Atlantic Coastal Fisheries Cooperative Management SEC. 121. SHORT TITLE. This subtitle may be cited as the ``Atlantic Coastal Fisheries Act of 2000''. SEC. 122. REAUTHORIZATION OF ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT ACT. (a) Authorization of Appropriations.--Section 811 of the Atlantic Coastal Fisheries Cooperative Management Act (16 U.S.C. 5108) is amended to read as follows: ``SEC. 811. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--To carry out this title, there are authorized to be appropriated $10,000,000 for each of fiscal years 2001 through 2005. ``(b) Cooperative Statistics Program.--Amounts authorized under subsection (a) may be used by the Secretary to support the Commission's cooperative statistics program.''. (b) Technical Corrections.-- (1) In general.--Such Act is amended-- (A) in section 802(3) (16 U.S.C. 5101(3)) by striking ``such resources in'' and inserting ``such resources is''; and (B) by striking section 812 and the second section 811. (2) Amendments to repeal not affected.--The amendments made by paragraph (1)(B) shall not affect any amendment or repeal made by the sections struck by that paragraph. (3) Short title references.--Such Act is further amended by striking ``Magnuson Fishery'' each place it appears and inserting ``Magnuson-Stevens Fishery''. (c) Reports.-- (1) Annual report to the secretary.--The Secretary shall require, as a condition of providing financial assistance under this subtitle, that the Commission and each State receiving such assistance submit to the Secretary an annual report that provides a detailed accounting of the use of the assistance. (2) Biennial reports to the congress.--The Secretary shall submit biennial reports to the Committee on Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the use of Federal assistance provided to the Commission and the States under this subtitle. Each biennial report shall evaluate the success of such assistance in implementing this subtitle. TITLE II--JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT PROGRAM SEC. 201. SHORT TITLE. This title may be cited as the ``Marine Mammal Rescue Assistance Act of 2000''. SEC. 202. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT PROGRAM. (a) In General.--Title IV of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371 et seq.) is amended-- (1) by redesignating sections 408 and 409 as sections 409 and 410, respectively; and (2) by inserting after section 407 the following: ``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT PROGRAM. ``(a) In General.--(1) Subject to the availability of appropriations, the Secretary shall conduct a grant program to be known as the John H. Prescott Marine Mammal Rescue Assistance Grant Program, to provide grants to eligible stranding network participants for the recovery or treatment of marine mammals, the collection of data from living or dead stranded marine mammals for scientific research regarding marine mammal health, and facility operation costs that are directly related to those purposes. ``(2)(A) The Secretary shall ensure that, to the greatest extent practicable, funds provided as grants under this subsection are distributed equitably among the stranding regions designated as of the date of the enactment of the Marine Mammal Rescue Assistance Act of 2000, and in making such grants shall give preference to those facilities that have established records for rescuing or rehabilitating sick and stranded marine mammals in each of the respective regions, or subregions. ``(B) In determining priorities among such regions, the Secretary may consider-- ``(i) any episodic stranding or any mortality event other than an event described in section 410(6), that occurred in any region in the preceding year; ``(ii) data regarding average annual strandings and mortality events per region; and ``(iii) the size of the marine mammal populations inhabiting a geographic area within such a region. ``(b) Application.--To receive a grant under this section, a stranding network participant shall submit an application in such form and manner as the Secretary may prescribe. ``(c) Consultation.--The Secretary shall consult with the Marine Mammal Commission, a representative from each of the designated stranding regions, and other individuals who represent public and private organizations that are actively involved in rescue, rehabilitation, release, scientific research, marine conservation, and forensic science regarding stranded marine mammals, regarding the development of criteria for the implementation of the grant program and the awarding of grants under the program. ``(d) Limitation.--The amount of a grant under this section shall not exceed $100,000. ``(e) Matching Requirement.-- ``(1) In general.--The non-Federal share of the costs of an activity conducted with a grant under this section shall be 25 percent of such costs. ``(2) In-kind contributions.--The Secretary may apply to the non-Federal share of an activity conducted with a grant under this section the amount of funds, and the fair market value of property and services, provided by non-Federal sources and used for the activity. ``(f) Administrative Expenses.--Of amounts available each fiscal year to carry out this section, the Secretary may expend not more than 6 percent or $80,000, whichever is greater, to pay the administrative expenses necessary to carry out this section. ``(g) Definitions.--In this section: ``(1) Designated stranding region.--The term `designated stranding region' means a geographic region designated by the Secretary for purposes of administration of this title. ``(2) Secretary.--The term `Secretary' has the meaning given that term in section 3(12)(A). ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2001 through 2003, to remain available until expended, of which-- ``(1) $4,000,000 may be available to the Secretary of Commerce; and ``(2) $1,000,000 may be available to the Secretary of the Interior.''. (b) Conforming Amendment.--Section 3(12)(B) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362(12)(B)) is amended by inserting ``(other than section 408)'' after ``title IV''. (c) Clerical Amendment.--The table of contents in the first section of the Marine Mammal Protection Act of 1972 (86 Stat. 1027) is amended by striking the items relating to sections 408 and 409 and inserting the following: ``Sec. 408. John H. Prescott Marine Mammal Rescue Assistance Grant Program. ``Sec. 409. Authorization of appropriations. ``Sec. 410. Definitions.''. SEC. 203. STUDY OF THE EASTERN GRAY WHALE POPULATION. (a) Study.--Not later than 180 days after the date of the enactment of this Act and subject to the availability of appropriations, the Secretary of Commerce shall initiate a study of the environmental and biological factors responsible for the significant increase in mortality events of the eastern gray whale population and other potential impacts these factors may be having on the eastern gray whale population. (b) Consideration of Western Population Information.--The Secretary should ensure that, to the greatest extent practicable, information from current and future studies of the western gray whale population is considered in the study under this section, so as to better understand the dynamics of each population and to test different hypotheses that may lead to an increased understanding of the mechanism driving their respective population dynamics. (c) Authorization of Appropriations.--In addition to other amounts authorized under this title, there are authorized to be appropriated to the Secretary to carry out this section-- (1) $290,000 for fiscal year 2001; and (2) $500,000 for each of fiscal years 2002 through 2004. SEC. 204. CONVEYANCE OF FISHERY RESEARCH VESSEL TO AMERICAN SAMOA. (a) In General.--The Secretary of Commerce (in this section referred to as the ``Secretary'') may convey to the Government of American Samoa in accordance with this section, without consideration, all right, title, and interest of the United States in and to a retired National Oceanic and Atmospheric Administration fishery research vessel in operable condition, for use by American Samoa. (b) Limitation.--The Secretary may not convey a vessel under this section before the date on which a new replacement fishery research vessel has been delivered to the National Oceanic and Atmospheric Administration and put in active service. (c) Operation and Maintenance.--The Government of the United States shall not be responsible or liable for any maintenance or operation of a vessel conveyed under this section after the date of the delivery of the vessel to American Samoa. SEC. 205. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO NATIONAL MARINE SANCTUARY DESIGNATION STANDARDS. (a) Technical Amendment.--Section 303(a) of the National Marine Sanctuaries Act (16 U.S.C. 1433(a)) is amended by striking ``the Secretary--'' and all that follows through the end of the sentence and inserting the following: ``the Secretary determines that-- ``(1) the designation will fulfill the purposes and policies of this title; ``(2) the area is of special national significance due to-- ``(A) its conservation, recreational, ecological, historical, scientific, cultural, archaeological, educational, or esthetic qualities; ``(B) the communities of living marine resources it harbors; or ``(C) its resource or human-use values; ``(3) existing State and Federal authorities are inadequate or should be supplemented to ensure coordinated and comprehensive conservation and management of the area, including resource protection, scientific research, and public education; ``(4) designation of the area as a national marine sanctuary will facilitate the objectives stated in paragraph (3); and ``(5) the area is of a size and nature that will permit comprehensive and coordinated conservation and management.''. (b) Conforming Amendments.--Such Act is further amended-- (1) in section 304(a)(1)(C) (as amended by section 6(a) of the National Marine Sanctuaries Amendments Act of 2000) by striking ``the Secretary shall''; and (2) in section 304(a)(2)(E) (as amended by section 6(b) of the National Marine Sanctuaries Amendments Act of 2000) by striking ``findings'' and inserting ``determinations''. (c) Effective Date.--This section shall take effect immediately after the National Marine Sanctuaries Amendments Act of 2000 takes effect. SEC. 206. WESTERN PACIFIC PROJECT GRANTS. Section 111(b)(1) of the Sustainable Fisheries Act (16 U.S.C. 155 note) is amended by striking the last sentence and inserting ``There are authorized to be appropriated to carry out this section $500,000 for each fiscal year.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(Sec. 102) Requires the Secretaries of Commerce and the Interior to: (1) conduct a study to determine if the distribution of year classes in the Atlantic striped bass population is appropriate for maintaining adequate recruitment and sustainable fishing opportunities; and (2) report results to specified congressional committees along with a long-term plan to ensure a balanced and healthy population structure of Atlantic striped bass. Authorizes appropriations. Subtitle B: Atlantic Coastal Fisheries Cooperative Management - Atlantic Coastal Fisheries Act of 2000 - Amends the Atlantic Coastal Fisheries Cooperative Management Act to extend the authorization of appropriations to carry out such Act through FY 2005. Authorizes amounts to be used to support the Atlantic States Marine Fisheries Commission's cooperative statistics program. Title II: John H. Prescott Marine Mammal Rescue Assistance Grant Program - Marine Mammal Rescue Assistance Act of 2000 - Amends the Marine Mammal Protection Act of 1972 to direct the Secretary of Commerce to establish the John H. Prescott Marine Mammal Rescue Assistance Grant Program to provide assistance to eligible stranding network participants for: (1) marine mammal recovery and treatment; (2) data collection from living or dead marine mammals; and (3) facilities operation. Caps grants at $100,000. Require s a 25 percent non-Federal matching amount, which may be in-kind contributions. Authorizes FY 2001 through 2003 appropriations. (Sec. 203) Requires the Secretary to study environmental and biological factors responsible for the significant increase in mortality events of the eastern gray whale population and other potential impacts these factors may be having on such population. Authorizes appropriations. (Sec. 204) Authorizes the Secretary to convey a retired National Oceanic and Atmospheric Administration fishery research vessel to the Government of American Samoa. (Sec. 205) Amends the National Marine Sanctuaries Act to revise sanctuary designation standards. (Sec. 206) Amends the Sustainable Fisheries Act to authorize appropriations for each fiscal year for grants to carry out Western Pacific fishery demonstration projects to promote traditional indigenous fishing practices.

Striped Bass Conservation, Atlantic Coastal Fisheries Management, and Marine Mammal Rescue Assistance Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Professional Sports Antitrust Clarification Act of 1996''. SEC. 2. ACTIONS AUTHORIZED. (a) In General.--Notwithstanding any provision of the antitrust laws, and subject to section 3 and subsection (b) of this section, a professional sports league or its member franchises may establish and enforce rules and procedures for the purpose of deciding whether a member franchise may change its home territory. (b) Construction.--Nothing in this section shall be construed to exempt from the antitrust laws any conduct which would be unlawful under any antitrust law if engaged in by a single entity. SEC. 3. REQUIREMENTS FOR ANTITRUST PROTECTION. (a) In General.--This Act applies to a professional sports league and its member franchises if such league-- (1) establishes applicable rules and procedures to govern whether a member franchise may change its home territory that are available upon request to any interested party; (2) affords due process, including 180 days notice and an opportunity to be heard, to interested parties prior to deciding whether a member franchise may change its home territory; and (3) promotes comparable economic opportunities by sharing revenue among member franchises to account for disparities in revenue received or costs saved due to direct or indirect public benefits and subsidies, including publicly financed facilities, rent abatement, special tax treatment, favorable arrangements for parking, concessions, and other amenities, and other public benefits not generally available to businesses as a whole within the jurisdiction. (b) Rules and Procedures.--Rules and procedures established under subsection (a)(1) shall require consideration of various factors to protect the public interest, including-- (1) the extent to which fan support for a member franchise has been demonstrated through attendance, ticket sales, and television ratings, during the period in which the member franchise played in its home territory; (2) the extent to which the member franchise has, directly or indirectly, received public financial support through publicly financed facilities, rent abatement, special tax treatment, favorable arrangements for parking, concessions, and other amenities, and any other public benefits not generally available to businesses as a whole within the jurisdiction, and the extent to which such support continues; (3) the effect that relocation would have on contracts, agreements, and understandings between the member franchise and public and private parties; (4) the extent of any net operating losses experienced by the member franchise in recent years and the extent to which the member franchise bears responsibility for such losses; and (5) any bona fide offer to purchase the member franchise at fair market value, if such offer includes the continued location of such member franchise in its home territory. SEC. 4. JUDICIAL REVIEW. (a) Standard of Review.--The standard of judicial review shall be de novo in any action challenging the establishment and enforcement of rules and procedures for deciding whether a member franchise may change its home territory, except that the reviewing court shall give deference to actions of the professional sports league regarding compliance with paragraphs (1) and (3) of section 3(a). (b) Declaratory Actions.--A professional sports league or any interested party may seek a declaratory judgment with respect to whether paragraphs (1) and (3) of section 3(a) are adequately satisfied by the professional sports league for this Act to apply. (c) Limitation on Monetary Damages.--A judicial finding that a professional sports league did not comply with any provision of section 3 shall result only in further proceedings by the professional sports league and shall not result in liability under the antitrust laws or monetary damages, if-- (1) the professional sports league implemented a revenue sharing plan in a good faith attempt to comply with section 3(a)(3) prior to the specific dispute in issue; or (2) a prior declaratory judgment held that the revenue sharing plan of the professional sports league complied with section 3(a)(3). (d) Venue.--In any action challenging the establishment and enforcement of rules and procedures to decide whether a member franchise may change its home territory, venue shall be proper only in the United States District Court for the District of Columbia, except that-- (1) venue shall be proper only in the United States District Court for the Southern District of New York if the existing or proposed home territory of a member franchise is located within 100 miles of the United States District Court for the District of Columbia; and (2) venue shall be proper only in the United States District Court for the Northern District of Illinois if-- (A) the existing home territory of a member franchise is located within 100 miles of the United States District Court for the District of Columbia or the Southern District of New York; and (B) the proposed home territory of the member franchise is located within 100 miles of the United States District Court for the District of Columbia or the Southern District of New York. SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the term ``antitrust laws''-- (A) has the same meaning as in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section relates to unfair methods of competition; and (B) includes any State law comparable to the laws referred to in subparagraph (A); (2) the terms ``professional sports team'', ``team'', ``member franchise'', and ``franchise'' mean any team of professional athletes that is a member of a professional sports league; (3) the terms ``professional sports league'' and ``league'' mean-- (A) an association of 2 or more professional sports teams that governs the conduct of its members and regulates the contests and exhibitions in which such teams regularly engage; (B) whose decisions relating to franchise relocation would otherwise be subject to the antitrust laws; and (C) that has combined franchise revenues of more than $10,000,000 per year; (4) the term ``interested party'' means the member franchise at issue, local and State government officials, owners and operators of playing facilities, concessionaires, and others whose business relations would be directly and significantly affected by the franchise relocation at issue, and representatives of organized civic and fan groups; and (5) the term ``playing facility'' means the stadium, arena, or other venue in which professional sports teams regularly conduct their contests and exhibitions. SEC. 6. EFFECTIVE DATE. This Act applies to any action occurring on or after the date of enactment of this Act.

Professional Sports Antitrust Clarification Act of 1996 - Permits a professional sports league or its member franchises to establish and enforce rules and procedures for deciding whether a member franchise may change its home territory, notwithstanding the antitrust laws. Specifies requirements for antitrust protection, including that the league promote comparable economic opportunities by sharing revenue among member franchises to account for disparities in revenue or savings due to public benefits and subsidies. Requires such franchise relocation rules and procedures to provide for consideration of various factors to protect the public interest, including: (1) fan support; (2) the extent of public financial support received; (3) the effect on existing contracts; (4) the extent of any net operating losses; and (5) any bona fide offer to purchase the franchise and keep it in its home territory. Provides for judicial review in actions challenging establishment or enforcement of such rules and procedures.

Professional Sports Antitrust Clarification Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers and Veterans Prescription Drug Safety Act of 2016''. SEC. 2. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS. (a) Definitions.--In this section: (1) Covered beneficiary.--The term ``covered beneficiary'' has the meaning given that term in section 1072 of title 10, United States Code. (2) Covered controlled substance.--The term ``covered controlled substance'' means a controlled substance that is listed in schedule II, III, IV, or V of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)). (3) Dependent.--The term ``dependent'' has the meaning given that term in section 1072 of title 10, United States Code. (4) Eligible person.--The term ``eligible person'' means-- (A) a member of the Armed Forces; (B) an individual who is receiving or is entitled to receive retired or retainer pay under chapter 71 of title 10, United States Code; (C) a dependent of a member of the Armed Forces, if that dependent is a covered beneficiary in receipt of health care services under chapter 55 of title 10, United States Code; and (D) any person lawfully entitled to dispose of the property of a person described in subparagraphs (A) through (C) who dies while lawfully in possession of a covered controlled substance for personal use. (5) Program.--The term ``program'' means the program established under subsection (b)(1). (6) Secretary.--The term ``Secretary'' means the Secretary of Defense. (b) Program Required.-- (1) In general.--The Secretary and the Attorney General shall jointly carry out a program, which shall, except as provided in paragraph (2), be carried out in accordance with section 302(g) of the Controlled Substances Act (21 U.S.C. 822(g)), under which an eligible person who has lawfully obtained a covered controlled substance in accordance with such Act may deliver the covered controlled substance to be disposed of at a facility and by a person specified under paragraph (2). (2) Delivery of controlled substances.--Notwithstanding the requirement under section 302(g)(1) of the Controlled Substances Act (21 U.S.C. 822(g)(1)) that a person receiving a controlled substance be authorized to receive the controlled substance under such Act, the Secretary and the Attorney General shall jointly specify the facilities and persons to which covered controlled substances may be delivered under the program. (c) Prevention of Abuse.--In implementing the program, the Secretary and the Attorney General shall jointly develop appropriate guidelines and procedures to prevent the diversion, misuse, theft, or loss of controlled substances delivered under the program. (d) Administration of Program.-- (1) Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary and the Attorney General shall jointly prescribe regulations to carry out the program. (2) Implementation.--Not later than 1 year after the date on which the Secretary and the Attorney General jointly prescribe regulations under paragraph (1), the Secretary shall fully implement the program. SEC. 3. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR VETERANS AND THEIR DEPENDENTS. (a) Definitions.--In this section: (1) Covered controlled substance.--The term ``covered controlled substance'' means a controlled substance that is listed in schedule II, III, IV, or V of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)). (2) Eligible person.--The term ``eligible person'' means-- (A) a veteran; (B) the spouse of a veteran, if the spouse is in receipt of medical services under laws administered by the Secretary; (C) a dependent of a veteran, if the dependent is in receipt of medical services under laws administered by the Secretary; (D) a person described in section 2(a)(4) who is in receipt of medical services at a facility of the Department of Veterans Affairs; and (E) any person lawfully entitled to dispose of the property of a person described in subparagraphs (A) through (D) who dies while lawfully in possession of a covered controlled substance for personal use. (3) Program.--The term ``program'' means the program established under subsection (b)(1). (4) Secretary.--The term ``Secretary'' means the Secretary of Veterans Affairs. (5) Veteran.--The term ``veteran'' has the meaning given that term in section 101 of title 38, United States Code. (b) Program Required.-- (1) In general.--The Secretary and the Attorney General shall jointly carry out a program, which shall, except as provided in paragraph (2), be carried out in accordance with section 302(g) of the Controlled Substances Act (21 U.S.C. 822(g)), under which an eligible person who has lawfully obtained a covered controlled substance in accordance with such Act may deliver the covered controlled substance to be disposed of at a facility and by a person specified under paragraph (2). (2) Delivery of controlled substances.--Notwithstanding the requirement under section 302(g)(1) of the Controlled Substances Act (21 U.S.C. 822(g)(1)) that a person receiving a controlled substance be authorized to receive the controlled substance under such Act, the Secretary and the Attorney General shall jointly specify the facilities and persons to which covered controlled substances may be delivered under the program. (c) Prevention of Abuse.--In implementing the program, the Secretary and the Attorney General shall jointly develop appropriate guidelines and procedures to prevent the diversion, misuse, theft, or loss of controlled substances delivered under the program. (d) Administration of Program.-- (1) Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary and the Attorney General shall jointly prescribe regulations to carry out the program. (2) Implementation.--Not later than 1 year after the date on which the Secretary and the Attorney General jointly prescribe regulations under paragraph (1), the Secretary shall fully implement the program.

Servicemembers and Veterans Prescription Drug Safety Act of 2016 This bill directs the Department of Defense (DOD) and the Department of Justice (DOJ) to carry out a joint program under which an eligible person who has lawfully obtained a covered controlled substance may deliver it for disposal at a facility to be specified by DOD and DOJ. An eligible person for this purpose shall be: a member of the Armed Forces, an individual receiving or entitled to military retired or retainer pay, a member's dependent-beneficiary who is receiving certain health care services, or any person lawfully entitled to dispose of the property of any of such individuals who dies in lawful possession of a controlled substance for personal use. DOD and DOJ shall develop guidelines and procedures to prevent the diversion, misuse, theft, or loss of such substances delivered under the program. DOJ and the Department of Veterans Affairs (VA) shall carry out a similar joint program covering any veteran, veteran's spouse or dependent, a person in receipt of medical services at a VA facility, or any person lawfully entitled to dispose of the property of any of such individuals who dies in lawful possession of a controlled substance for personal use. DOJ and the VA shall also develop guidelines and procedures to prevent the diversion, misuse, theft, or loss of such substances delivered under the program.

Servicemembers and Veterans Prescription Drug Safety Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dairy Promotion Fairness Act''. SEC. 2. FUNDING OF DAIRY PROMOTION AND RESEARCH PROGRAM. (a) Declaration of Policy.--Section 110(b) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501(b)) is amended-- (1) in the first sentence-- (A) by inserting after ``commercial use'' the following: ``and on imported dairy products''; and (B) by striking ``products produced in the United States.'' and inserting ``products.''; and (2) in the second sentence, by inserting after ``produce milk'' the following: ``or the right of any person to import dairy products''. (b) Definitions.--Section 111 of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502) is amended-- (1) in subsection (k), by striking ``and'' at the end; (2) in subsection (l), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(m) the term `imported dairy product' means any dairy product that is imported into the United States, including dairy products imported into the United States in the form of-- ``(1) milk, cream, and fresh and dried dairy products; ``(2) butter and butterfat mixtures; ``(3) cheese; and ``(4) casein and mixtures; ``(n) the term `importer' means a person that imports an imported dairy product into the United States; and ``(o) the term `Customs' means the United States Customs Service.''. (c) Representation of Importers on Board.--Section 113(b) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(b)) is amended-- (1) by inserting ``National Dairy Promotion and Research Board.--'' after ``(b)''; (2) by designating the first through ninth sentences as paragraphs (1) through (5) and paragraphs (7) through (10), respectively, and indenting the paragraphs appropriately; (3) in paragraph (2) (as so designated), by striking ``Members'' and inserting ``Except as provided in paragraph (6), the members''; and (4) by inserting after paragraph (5) (as so designated) the following: ``(6) Importers.-- ``(A) Representation.--The Secretary shall appoint not more than 2 members who represent importers of dairy products and are subject to assessments under the order, to reflect the proportion of domestic production and imports supplying the United States market, which shall be based on the Secretary's determination of the average volume of domestic production of dairy products proportionate to the average volume of imports of dairy products in the United States over the previous three years. ``(B) Additional members; nominations.--The members appointed under this paragraph-- ``(i) shall be in addition to the total number of members appointed under paragraph (2); and ``(ii) shall be appointed from nominations submitted by importers under such procedures as the Secretary determines to be appropriate.''. (d) Importer Assessment.--Section 113(g) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(g)) is amended-- (1) by inserting ``Assessments.--'' after ``(g)''; (2) by designating the first through fifth sentences as paragraphs (1) through (5), respectively, and indenting appropriately; and (3) by adding at the end the following: ``(6) Importers.-- ``(A) In general.--The order shall provide that each importer of imported dairy products shall pay an assessment to the Board in the manner prescribed by the order. ``(B) Time for payment.--The assessment on imported dairy products shall be paid by the importer to Customs at the time of the entry of the products into the United States and shall be remitted by Customs to the Board. For purposes of this subparagraph, entry of the products into the United States shall be deemed to have occurred when the products are released from custody of Customs and introduced into the stream of commerce within the United States. Importers include persons who hold title to foreign-produced dairy products immediately upon release by Customs, as well as persons who act on behalf of others, as agents, brokers, or consignees, to secure the release of dairy products from Customs and the introduction of the released dairy products into the stream of commerce. ``(C) Rate.--The rate of assessment on imported dairy products shall be determined in the same manner as the rate of assessment per hundredweight or the equivalent of milk. ``(D) Value of products.--For the purpose of determining the assessment on imported dairy products under subparagraph (C), the value to be placed on imported dairy products shall be established by the Secretary in a fair and equitable manner. ``(E) Use of Assessments on Imported Dairy.-- Assessments collected on imported dairy products shall not be used for foreign market promotion.''. (e) Records.--Section 113(k) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(k)) is amended in the first sentence by striking ``person receiving'' and inserting ``importer of imported dairy products, each person receiving''. (f) Importer Eligibility to Vote in Referendum.--Section 116(b) of the Dairy Promotion Stabilization Act of 1983 (7 U.S.C. 4507(b)) is amended-- (1) in the first sentence-- (A) by inserting after ``of producers'' the following: ``and importers''; and (B) by inserting after ``the producers'' the following: ``and importers''; and (2) in the second sentence, by inserting after ``commercial use'' the following: ``and importers voting in the referendum (who have been engaged in the importation of dairy products during the same representative period, as determined by the Secretary).''.

Dairy Promotion Fairness Act - Amends the Dairy Production Stabilization Act of 1983 to define "imported dairy product" and "importer" for purposes of the dairy promotion program.Directs the Secretary of Agriculture to appoint up to two qualifying dairy importers to the National Dairy Promotion and Research Board.Requires dairy importers to contribute to the dairy promotion program.Makes both importers and producers (currently, limited to producers) eligible to vote in referendums.

To amend the Dairy Production Stabilization Act of 1983 to ensure that all persons who benefit from the dairy promotion and research program contribute to the cost of the program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Identity Defense Act of 2015''. SEC. 2. DISCLOSURE OF CERTAIN RETURN INFORMATION WITH RESPECT TO IDENTITY THEFT. (a) In General.--Subsection (l) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(23) Disclosure of return information in certain cases of identity theft.-- ``(A) In general.--If the Secretary has reason to believe that there has been a fraudulent use of a social security account number on a statement described in section 6051-- ``(i) the Secretary shall disclose to the individual who was validly assigned such social security account number-- ``(I) that the Secretary has reason to believe that the social security account number assigned to such individual has been fraudulently used in the employment context, ``(II) that the Secretary has made the disclosure described in clause (ii) to the Director of the Federal Bureau of Investigation and the Attorney General with respect to such fraudulent use, and ``(III) such other information (other than return information) as the Secretary determines, in consultation with Federal Trade Commission, would be helpful and appropriate to provide to a victim of identity theft, and ``(ii) the Secretary shall disclose to the Director of the Federal Bureau of Investigation and the Attorney General-- ``(I) such social security account number, ``(II) that the Secretary has reason to believe that such social security account number has been fraudulently used in the employment context, and ``(III) the taxpayer identity information of the individual who was assigned such social security account number, the individual believed to have fraudulently used such social security account number, and the employer who made the statement described in section 6051 which included such social security account number. ``(B) Restriction on disclosure to law enforcement.-- ``(i) Disclosure to other law enforcement officials.--The Director of the Federal Bureau of Investigation and the Attorney General may disclose information received under subparagraph (A)(ii) to appropriate Federal, State, and local law enforcement officials. ``(ii) Restriction on use of disclosed information.--Return information disclosed under subparagraph (A)(ii) may be used by Federal, State, and local law enforcement officials only for purposes of carrying out criminal investigations or prosecutions. ``(iii) Memorandum of understanding.--For purposes of this paragraph, any return information disclosed under subparagraph (A)(ii) may not be provided to any State or local law enforcement official until such official has entered into a memorandum of understanding with the Secretary that includes the following terms and conditions: ``(I) Confidentiality of returns and return information and prohibitions on disclosure described in subsection (a)(3). ``(II) Safeguards, restrictions on access, and recordkeeping requirements described in subsection (p)(4). ``(III) Application of penalties for unauthorized disclosure of returns and return information under section 7213(a)(2). ``(IV) Any additional terms and conditions deemed appropriate by the Secretary.''. (b) Prevention of Identity Theft.--In the case of an employee for whom the Commissioner of the Social Security Administration has reason to believe that the social security number included on any statement described in section 6051(a) of the Internal Revenue Code of 1986 with respect to such employee is not the correct social security number for such employee, the Commissioner shall provide notification to the employer for such employee which includes-- (1) the name of the employee and the social security number included on such statements; and (2) relevant information regarding the availability of the Social Security Number Verification Service for verification of social security numbers. (c) Conforming Amendments Related to Disclosure.-- (1) Confidentiality.--Paragraph (3) of section 6103(a) of such Code is amended by striking ``or (21)'' and inserting ``(21), or (23)''. (2) Procedures and recordkeeping related to disclosures.-- Paragraph (4) of section 6103(p) of such Code is amended by striking ``or (20)'' each place it appears and inserting ``(20), or (23)''. (3) Unauthorized disclosure or inspection.--Paragraph (2) of section 7213(a) of such Code is amended by striking ``or (21)'' and inserting ``(21), or (23)''. SEC. 3. PENALTIES FOR TAX-RELATED IDENTITY THEFT. (a) In General.--Section 1028A(c) of title 18, United States Code, is amended-- (1) by redesignating paragraphs (8) through (11) as paragraphs (10) through (13), respectively; and (2) by inserting after paragraph (7) the following new paragraphs: ``(8) section 286 (relating to conspiracy to defraud the government with respect to claims), section 287 (relating to false, fictitious, or fraudulent claims), section 371 (relating to conspiracy to commit an offense or to defraud the United States), section 1001 (relating to statements or entries), section 1341 (relating to frauds and swindles), section 1342 (relating to a fictitious name or address), section 1343 (relating to fraud by wire, radio, or television), or section 1344 (relating to bank fraud), if the felony violation is a tax-related offense punishable under such section; ``(9) section 7206 of the Internal Revenue Code of 1986 (relating to fraud and false statements);''. (b) Penalty for Misappropriation of Tax Identification Numbers.-- (1) In general.--Part I of subchapter B of chapter 68 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6720D. MISAPPROPRIATION OF TAX IDENTIFICATION NUMBER. ``In addition to any penalty provided by law, any person who knowingly or willfully misappropriates another person's tax identification number in connection with any list, return, account, statement, or other document submitted to the Secretary shall pay a penalty of $5,000.''. (2) Conforming amendment.--The table of sections for part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following new item: ``Sec. 6720D. Misappropriation of tax identification number.''. (3) Effective date.--The amendments made by this subsection shall apply to returns and information submitted after the date of the enactment of this Act.

Social Security Identity Defense Act of 2015 This bill amends the Internal Revenue Code, with respect to the disclosure of tax return information in cases of identity theft, to require the Department of the Treasury to: (1) disclose to the holder of a valid social security account number that there is reason to believe that there has been a fraudulent use of such account number; and (2) disclose to the Federal Bureau of Investigation (FBI) and the Department of Justice (DOJ) such social security account number, that there is reason to believe that such account number has been fraudulently used in the employment context, and the taxpayer identity information of the individual who was assigned such account number. The bill authorizes the FBI and DOJ to disclose taxpayer information to appropriate federal, state, and local law enforcement officials solely for purposes of carrying out criminal investigations or prosecutions. The bill also imposes new criminal and civil penalties for tax-related identity theft and misappropriation of tax identification numbers.

Social Security Identity Defense Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``All Economic Regulations are Transparent Act of 2015'' or the ``ALERT Act of 2015''. SEC. 2. OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATION OF INFORMATION RELATING TO RULES. (a) Amendment.--Title 5, United States Code, is amended by inserting after chapter 6, the following new chapter: ``CHAPTER 6A--OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATION OF INFORMATION RELATING TO RULES ``Sec. 651. Agency monthly submission to office of information and regulatory affairs. ``Sec. 652. Office of information and regulatory affairs publications. ``Sec. 653. Requirement for rules to appear in agency-specific monthly publication. ``Sec. 654. Definitions. ``SEC. 651. AGENCY MONTHLY SUBMISSION TO OFFICE OF INFORMATION AND REGULATORY AFFAIRS. ``On a monthly basis, the head of each agency shall submit to the Administrator of the Office of Information and Regulatory Affairs (referred to in this chapter as the `Administrator'), in such a manner as the Administrator may reasonably require, the following information: ``(1) For each rule that the agency expects to propose or finalize during the following year: ``(A) A summary of the nature of the rule, including the regulation identifier number and the docket number for the rule. ``(B) The objectives of and legal basis for the issuance of the rule, including-- ``(i) any statutory or judicial deadline; and ``(ii) whether the legal basis restricts or precludes the agency from conducting an analysis of the costs or benefits of the rule during the rule making, and if not, whether the agency plans to conduct an analysis of the costs or benefits of the rule during the rule making. ``(C) Whether the agency plans to claim an exemption from the requirements of section 553 pursuant to section 553(b)(B). ``(D) The stage of the rule making as of the date of submission. ``(E) Whether the rule is subject to review under section 610. ``(2) For any rule for which the agency expects to finalize during the following year and has issued a general notice of proposed rule making-- ``(A) an approximate schedule for completing action on the rule; ``(B) an estimate of whether the rule will cost-- ``(i) less than $50,000,000; ``(ii) $50,000,000 or more but less than $100,000,000; ``(iii) $100,000,000 or more but less than $500,000,000; ``(iv) $500,000,000 or more but less than $1,000,000,000; ``(v) $1,000,000,000 or more but less than $5,000,000,000; ``(vi) $5,000,000,000 or more but less than $10,000,000,000; or ``(vii) $10,000,000,000 or more; and ``(C) any estimate of the economic effects of the rule, including any estimate of the net effect that the rule will have on the number of jobs in the United States, that was considered in drafting the rule. If such estimate is not available, a statement affirming that no information on the economic effects, including the effect on the number of jobs, of the rule has been considered. ``SEC. 652. OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATIONS. ``(a) Agency-Specific Information Published Monthly.--Not later than 30 days after the submission of information pursuant to section 651, the Administrator shall make such information publicly available on the Internet. ``(b) Cumulative Assessment of Agency Rule Making Published Annually.-- ``(1) Publication in the federal register.--Not later than October 1 of each year, the Administrator shall publish in the Federal Register, for the previous year the following: ``(A) The information that the Administrator received from the head of each agency under section 651. ``(B) The number of rules and a list of each such rule-- ``(i) that was proposed by each agency, including, for each such rule, an indication of whether the issuing agency conducted an analysis of the costs or benefits of the rule; and ``(ii) that was finalized by each agency, including for each such rule an indication of whether-- ``(I) the issuing agency conducted an analysis of the costs or benefits of the rule; ``(II) the agency claimed an exemption from the procedures under section 553 pursuant to section 553(b)(B); and ``(III) the rule was issued pursuant to a statutory mandate or the rule making is committed to agency discretion by law. ``(C) The number of agency actions and a list of each such action taken by each agency that-- ``(i) repealed a rule; ``(ii) reduced the scope of a rule; ``(iii) reduced the cost of a rule; or ``(iv) accelerated the expiration date of a rule. ``(D) The total cost (without reducing the cost by any offsetting benefits) of all rules proposed or finalized, and the number of rules for which an estimate of the cost of the rule was not available. ``(2) Publication on the internet.--Not later than October 1 of each year, the Administrator shall make publicly available on the Internet the following: ``(A) The analysis of the costs or benefits, if conducted, for each proposed rule or final rule issued by an agency for the previous year. ``(B) The docket number and regulation identifier number for each proposed or final rule issued by an agency for the previous year. ``(C) The number of rules and a list of each such rule reviewed by the Director of the Office of Management and Budget for the previous year, and the authority under which each such review was conducted. ``(D) The number of rules and a list of each such rule for which the head of an agency completed a review under section 610 for the previous year. ``(E) The number of rules and a list of each such rule submitted to the Comptroller General under section 801. ``(F) The number of rules and a list of each such rule for which a resolution of disapproval was introduced in either the House of Representatives or the Senate under section 802. ``SEC. 653. REQUIREMENT FOR RULES TO APPEAR IN AGENCY-SPECIFIC MONTHLY PUBLICATION. ``(a) In General.--Subject to subsection (b), a rule may not take effect until the information required to be made publicly available on the Internet regarding such rule pursuant to section 652(a) has been so available for not less than 6 months. ``(b) Exceptions.--The requirement of subsection (a) shall not apply in the case of a rule-- ``(1) for which the agency issuing the rule claims an exception under section 553(b)(B); or ``(2) which the President determines by Executive order should take effect because the rule is-- ``(A) necessary because of an imminent threat to health or safety or other emergency; ``(B) necessary for the enforcement of criminal laws; ``(C) necessary for national security; or ``(D) issued pursuant to any statute implementing an international trade agreement. ``SEC. 654. DEFINITIONS. ``In this chapter, the terms `agency', `agency action', `rule', and `rule making' have the meanings given those terms in section 551.''. (b) Technical and Conforming Amendment.--The table of chapters for part I of title 5, United States Code, is amended by inserting after the item relating to chapter 5, the following: ``6. The Analysis of Regulatory Functions.................. 601 ``6A. Office of Information and Regulatory Affairs 651''. Publication of Information Relating to Rules. (c) Effective Dates.-- (1) Agency monthly submission to the office of information and regulatory affairs.--The first submission required pursuant to section 651 of title 5, United States Code, as added by subsection (a), shall be submitted not later than 30 days after the date of the enactment of this Act, and monthly thereafter. (2) Cumulative assessment of agency rule making.-- (A) In general.--Subsection (b) of section 652 of title 5, United States Code, as added by subsection (a), shall take effect on the date that is 60 days after the date of the enactment of this Act. (B) Deadline.--The first requirement to publish or make available, as the case may be, under subsection (b) of section 652 of title 5, United States Code, as added by subsection (a), shall be the first October 1 after the effective date of such subsection. (C) First publication.--The requirement under section 652(b)(2)(A) of title 5, United States Code, as added by subsection (a), shall include for the first publication, any analysis of the costs or benefits conducted for a proposed or final rule, for the 10 years before the date of the enactment of this Act. (3) Requirement for rules to appear in agency-specific monthly publication.--Section 653 of title 5, United States Code, as added by subsection (a), shall take effect on the date that is 8 months after the date of the enactment of this Act.

. The expanded summary of the version reported by the House Committee on Oversight and Government Reform is repeated here.) All Economic Regulations are Transparent Act of 2015 or the ALERT Act of 2015 (Sec. 2) Requires the head of each federal agency to submit a monthly report to the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget (OMB) for each rule such agency expects to propose or finalize during the following year. Sets forth the required content of such reports, including: (1) a summary of the nature of the rule, (2) the objectives of and legal basis for issuance of the rule, (3) the stage of the rulemaking as of the date of submission, and (4) whether the rule is subject to periodic review as a rule with a significant economic impact. Requires each agency head to submit a monthly report for any rule expected to be finalized during the following year for which the agency has issued a general notice of proposed rulemaking. Requires such reports to include an approximate schedule for completing action on the rule and an estimate of its cost and economic effects. Requires the Administrator to make such monthly reports publicly available on the Internet. Requires the Administrator to publish, not later than October 1 of each year, in the Federal Register: (1) information that the Administrator receives from each agency under this Act; (2) the number of rules and a list of each such rule that was proposed by each agency and each rule that was finalized by each agency; (3) the number of agency actions that repealed a rule, reduced the scope or cost of a rule, or accelerated the expiration date of a rule; (4) the total cost of all rules proposed or finalized; and (5) the number of rules for which an estimate of the cost of the rule was not available. Requires the Administrator to make publicly available on the Internet, not later than October 1 of each year: (1) the analysis of the costs or benefits of each proposed or final rule issued by an agency for the preceding year, (2) the docket number and regulation identifier number for each such rule, (3) the number of rules reviewed by OMB for the preceding year, (4) the number of rules for which a review by the head of an agency was completed, (5) the number of rules submitted to the Comptroller General, and (6) the number of rules for which a resolution of disapproval was introduced in Congress. Prohibits a rule from taking effect until the information required by this Act is posted on the Internet for not less than six months, unless the agency proposing the rule seeks an exemption under the Freedom of Information Act or the President determines by executive order that such rule is necessary because of an imminent threat to health or safety or other emergency, for the enforcement of criminal laws, for national security, or to implement an international trade agreement. Makes such requirement effective eight months after enactment of this Act.

ALERT Act of 2015

SECTION 1. PILOT PROGRAM FOR PARTNERSHIP AGREEMENTS TO CONSTRUCT NEW FACILITIES FOR THE DEPARTMENT OF VETERANS AFFAIRS. (a) Program Authorized.-- (1) In general.--The Secretary of Veterans Affairs may carry out a program under which the Secretary may enter into not more than five partnership agreements with entities described in paragraph (2) to conduct one or more-- (A) super construction projects (as defined in section 8103(e)(3) of title 38, United States Code); (B) major medical facility projects (as defined in section 8104(a)(3) of title 38, United States Code); or (C) major construction projects to construct new cemeteries or to develop additional gravesites or columbarium niches at existing cemeteries. (2) Entities described.--Entities described in this paragraph are the following: (A) A State or local authority. (B) An organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. (C) A limited liability corporation. (D) A private entity. (E) A donor or donor group. (F) Any other non-Federal Government entity. (b) Application of Certain Laws.--The authority under this section may be carried out notwithstanding any other provision of law (including section 8103(e) of title 38, United States Code), except for-- (1) Federal laws relating to environmental and historic preservation; and (2) subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). (c) Selection of Projects.-- (1) In general.--Except as provided in paragraph (2), the projects that the Secretary may select for the program are projects for which-- (A)(i) Congress has appropriated partial funding for the project; or (ii) The Department of Veterans Affairs has identified a need for the project through its long- range capital planning process by listing the project on the Major Construction Strategic Capital Investment Planning priority list included in the budget submitted to Congress by the President pursuant to section 1105(a) of title 31, United States Code; and (B) an entity described in subsection (a)(2) has entered into or is willing to enter into a formal agreement with the Secretary to independently finance or donate amounts for the project, in an amount acceptable and at no additional cost to the Federal Government. (2) Selected construction project.-- (A) In general.--One of the five partnership agreements that the Secretary is authorized to enter into under subsection (a) is a partnership agreement to conduct a project to design, finance, and construct a new ambulatory care center in Omaha, Nebraska. (B) Space and parking.--The project described in subparagraph (A) shall include space and parking as determined necessary by the Secretary. (C) Contribution of funds.--The Secretary may contribute funds for the project described in subparagraph (A) in an amount not to exceed $56,000,000, and in no event shall the contribution or liability of the Secretary exceed such amount except to the extent that additional funds are appropriated for the project. (d) Requirements of Entities.-- (1) Agreements.--Each partnership agreement entered into under subsection (a) with an entity described in paragraph (2) of that subsection for the conduct of a project under this section shall provide for the following: (A) The entity shall conduct any necessary environmental and historic preservation due diligence, comply with local zoning requirements (except for studies and consultations required of the Department under Federal law), and obtain any permits required before beginning construction in connection with the project. (B) The entity shall use construction standards required of the Department when designing and building the project, except to the extent the Secretary determines otherwise. (C) The entity shall establish a Board of Directors described in paragraph (2) to oversee the conduct of the project (in this section referred to as the ``Board''). (2) Board of directors.-- (A) Composition.-- (i) In general.--The Board shall be comprised of not fewer than 5 and not more than 10 members as follows: (I) Not fewer than one member shall be a veteran who is not an employee of the Department. (II) Not fewer than one member shall be an employee of the Department and function as a nonvoting member of the Board. (ii) Chair.--The Board shall designate a Chair from among the members of the Board to oversee the activities of the Board. (iii) Conflicts.--All current or proposed members of the Board shall promptly disclose any actual or potential conflicts to the Secretary and must agree as a condition of their appointment to the Board to remove themselves from membership on the Board if the Chair and Secretary jointly agree that doing so is appropriate due to an actual or potential conflict. (B) Charter.--Not later than 180 days after inception, or such other timeframe as the Secretary may approve, the Board shall establish a written charter to describe the roles, responsibilities, policies, and procedures of operation of the Board to ensure successful project management, design, and construction, and completion of the designated project. (C) Duties.-- (i) In general.--The Board shall be responsible for overseeing the activities needed to finance, design, and construct the designated project for the Department. (ii) Updates.--The Board shall submit to the Secretary written updates regarding the status of the designated project at such time and in such manner as the Secretary shall specify. (D) Defense to department.--The Board shall defer to the Secretary on all matters that are inherent to the mission and operations of the Department, including conditional or final acceptance of the designated project. (E) Dissolution.--The Board may not dissolve until after the Secretary has provided final acceptance of the completion of the designated project to the Board, plus such additional time or contingencies as the Board and the Secretary may jointly approve. (e) Project Funds.-- (1) From department.-- (A) In general.--Except as provided in subsection (c)(2), and except to the extent that additional funds are appropriated for a project, the Secretary may provide funds to help finance, design, and construct the project in an amount not to exceed the total amount appropriated for the project at the time of the partnership agreement under subsection (a) between the Department and the entity described in subsection (a)(2) that is conducting the project. (B) Terms and conditions.--The Secretary shall provide funds pursuant to subparagraph (A) under such terms, conditions, and schedule as the Secretary determines appropriate. (2) From entity.--The entity described in subsection (a)(2) that is conducting the project shall be required to contribute all funds in addition to the funds provided under paragraph (1) that are needed to complete the project. (f) Application.--To be eligible to participate in the program under this section, entities described in subsection (a)(2) shall submit to the Secretary an application to address needs relating to facilities of the Department, including health care needs, identified in the Construction and Long-Range Capital Plan of the Department, at such time, in such manner, and containing such information as the Secretary may require, including the following: (1) The name, resume, and description of the experience of the project manager for each project that the entity is proposing to pursue with the Secretary under the program. (2) A description of the proposed monetary and non-monetary contributions of the entity for the project, and how future funding will be secured. (3) A description of the process the entity would use to select a third-party contractor or developer, as applicable, to perform the work necessary to complete the project. (4) A description of the Board and project management plan that the entity will use, to ensure concise and consistent communication between all parties involved in the project. (5) A description of the procedures that the entity will use to review, monitor, and process change orders when received, including how input and feedback by the Department will be incorporated, particularly for issues that would affect the time or cost of the project. (6) A detailed estimate of the costs to complete the project. (7) A description of the estimated timeline for completion of the project and milestones associated with the activities needed to finance, design, and construct the project. (8) An agreement to obtain an independent annual financial audit of all activities and costs relating to the project in accordance with generally accepted accounting principles. (9) Such other information as the Secretary may require. (g) Annual Report on Projects.-- (1) In general.--The Secretary shall include in the budget submitted to Congress by the President pursuant to section 1105(a) of title 31, United States Code, information regarding any projects conducted under this section during the year preceding the submittal of the budget. (2) Elements.--Each report submitted under paragraph (1) shall provide a detailed status of projects conducted under this section, including the percentage completion of the project. (h) Comptroller General Report.--The Comptroller General of the United States shall submit to Congress a biennial report on the partnership agreements entered into under the program under this section. (i) Rule of Construction.--Nothing in this section shall be construed as a limitation on the authority of the Secretary to enter into other agreements that are authorized by law and not inconsistent with this section.

This bill authorizes the Department of Veterans Affairs (VA) to carry out a program under which it may enter into up to five partnership arrangements with a state or local authority, a tax exempt non-profit corporation, a limited liability corporation, a private entity, a donor, or other non-federal entity to conduct: super construction projects (a project for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $100 million); major medical facility projects (a project for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $10 million, excluding an acquisition by exchange); or major construction projects to construct a new cemeteries or to develop additional gravesites or columbarium niches at existing cemeteries. The VA may select projects for which: (1) Congress has appropriated partial funding or the VA has identified a need through its long-range capital planning process by listing it on the Major Construction Strategic Capital Investment Planning priority list included in the annual budget submitted to Congress by the President, and (2) a non-federal entity has entered into or is willing to enter into a formal agreement with the VA to independently finance or donate an acceptable amount of project funds at no additional cost to the federal government. One of the non-federal entity partnership agreements shall be a project to design, finance, and construct a new ambulatory care center in Omaha, Nebraska. Each partnership agreement shall require the partner entity to: conduct necessary environmental and historic preservation due diligence, comply with local zoning requirements, and obtain any permits required for construction; use construction standards required of the VA when designing and building the project, except to the extent the VA determines otherwise; and establish a Board of Directors to oversee the project. The VA shall include in the annual budget submitted to Congress by the President information regarding any projects conducted under this bill during the preceding year.

A bill to establish a pilot program on partnership agreements to construct new facilities for the Department of Veterans Affairs.