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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Computer Recycling Act''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``Administrator'' means the Administrator of the Environmental Protection Agency; (2) the term ``cathode ray tube'' means a vacuum tube or picture tube used to convert an electronic signal into a visual image; (3) the term ``central processing unit'' includes a case and all of its contents, such as the primary printed circuit board and its components, additional printed circuit boards, one or more disc drives, a transformer, interior wire, and a power cord; (4) the term ``computer'' means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and may include both a central processing unit and a monitor, but such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device; (5) the term ``hazardous waste'' has the meaning given that term in section 1004(5) of the Solid Waste Disposal Act (42 U.S.C. 6903); (6) the term ``monitor'' means a separate visual display component of a computer, whether sold separately or together with a central processing unit, and includes a cathode ray tube or liquid crystal display, its case, interior wires and circuitry, cable to the central processing unit, and power cord; and (7) the term ``nonprofit organization'' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. SEC. 3. FEE. (a) Requirement.--Effective 180 days after the transmittal to the Congress of the results of the study conducted under section 6(a), the Administrator shall require that a fee be assessed on the sale (including a sale through the Internet or a catalogue) to an end-user of any computer, monitor, or other electronic device designated by the Administrator under subsection (c). The Administrator shall establish procedures for the collection of such fee. The requirement under this subsection shall not apply to a sale by an end-user to a subsequent end-user. (b) Fee Amount.--The amount of the fee required under subsection (a) shall-- (1) be an amount sufficient to cover the costs of carrying out section 4(a) and subsection (c) of this section; (2) be uniform-- (A) for each computer with a central processing unit and monitor integrated in a single device; (B) for each central processing unit; (C) for each monitor; and (D) for each class of other devices designated by the Administrator under subsection (c); (3) not exceed $10 per computer, monitor, or other designated device; and (4) be clearly indicated on the label, external packing materials, or sales receipt of the computer, monitor, or device. (c) Administrative Costs.--Persons required by the Administrator to collect a fee under this section may retain 3 percent of amounts so collected to pay the costs of administering the fee collection program. (d) Exempted Sales.--The requirement of a fee under this section shall not apply to a sale of a used computer, monitor, or device by a nonprofit organization. (e) Additional Exemption.--The Administrator may exempt from the requirement of a fee under this section any sale made under a contract or an arrangement that the Administrator determines is likely to result in the maximum reuse of significant components of the computer, monitor, or device, and the disposal of the remaining components-- (1) in an environmentally sound and responsible manner; (2) without violation of any Federal or State law; and (3) without reliance on funding from State or local governments, when the computer, monitor, or device is no longer of use to the end- user. (f) Designation of Electronic Devices.--The Administrator may designate additional electronic devices to which the fee under subsection (a) shall apply if those electronic devices-- (1) contain a significant amount of material that, when disposed of, would be hazardous waste; and (2) include one or more liquid crystal displays, cathode ray tubes, or circuit boards. SEC. 4. GRANTS. (a) Uses of Fee Amounts.--Amounts collected under section 3 shall be used, to the extent provided in advance in appropriations Acts, by the Administrator for-- (1) covering the costs of administration of this Act; and (2) making grants under subsection (b). Not more than 10 percent of the funds available pursuant to this Act for any fiscal year may be used for costs described in paragraph (1). (b) Grant Purposes.--The Administrator shall make grants with funds collected under section 3 to individuals or organizations (including units of local government) for-- (1) collecting or processing used computers, monitors, or other designated devices for recycling purposes; (2) reusing or reselling such computers, monitors, or devices, or components thereof; and (3) extracting and using, or selling for reuse, raw materials from such computers, monitors, or devices. (c) Eligibility.--An individual or organization shall be eligible for a grant under subsection (b) only if the individual or organization provides assurances to the satisfaction of the Administrator that it will carry out the grant purposes in a manner that complies with all applicable Federal and State environmental and health laws. (d) Selection Criteria.--In selecting proposals for grants under subsection (b), the Administrator shall consider-- (1) the quantity of used computers, monitors, or other designated devices that will be diverted from landfills; (2) the estimated cost per unit of the collection, processing, reuse, or sale proposed; (3) the availability of, and potential for, markets for recycled materials; (4) the degree to which the proposal mitigates or avoids harmful environmental or health effects; (5) the degree to which the proposal employs innovative recycling technologies; and (6) the demonstrated history of the grant applicant in disposing of or providing for the reuse of computers, monitors, or devices in an environmentally sound and responsible manner without violation of any Federal or State law. The Administrator shall ensure that grants are provided to a geographically diverse group of recipients. SEC. 5. CONSULTATION. In carrying out this Act, the Administrator shall consult with representatives of the computer manufacturing, retail, and recycling industries, waste management professionals, environmental and consumer groups, and other appropriate individuals and organizations (including units of local government). SEC. 6. STUDY AND REPORTS. (a) Study.--Not later than 6 months after the date of the enactment of this Act, the Administrator shall transmit to the Congress the results of a study that-- (1) identifies waste materials in used computers that may be hazardous to human health or the environment; (2) estimates the quantities of such materials that exist or will exist in the future, including a separate estimate of the quantities of such materials that are exported from the United States; (3) estimates the costs of transporting, collecting, and processing computers, monitors, and other designated devices; (4) describes current management of such waste materials; (5) makes recommendations for the management of electronic products containing such waste materials at the end of their useful lives; and (6) estimates the demand for materials from recycled computers, and make recommendations for increasing the markets for such materials. (b) Reports.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 4 additional years, the Administrator shall transmit to the Congress a report on the status of computer recycling. Such report shall include a description of the amount of fees collected under section 3, and a description of the amount of administrative costs paid for and grants made under section 4 with funds collected through such fees.	National Computer Recycling Act - Directs the Administrator of the Environmental Protection Agency, after submitting to Congress a study of waste materials in used computers that may be hazardous to human health or the environment, to require assessment of a fee on the sale to an end-user of any computer, monitor, or other designated electronic devices.Requires fees collected to be used for administration of this Act and grants for: (1) collecting or processing used computers, monitors, or other devices for recycling; (2) reusing or reselling such articles; and (3) extracting and using, or selling for reuse, raw materials from such articles.Requires reports to Congress on the status of computer recycling, which shall include descriptions of fee collection and use.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medication Therapy Management Benefits Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) Medications are important to the management of chronic diseases that require long-term or lifelong therapy. Pharmacists are uniquely qualified as medication experts to work with patients to manage their medications and chronic conditions and play a key role in helping patients take their medications as prescribed. (2) Nonadherence with medications is a significant problem. According to a report by the World Health Organization, in developed countries, only 50 percent of patients with chronic diseases adhere to medication therapies. For example, in the United States only 51 percent of patients taking blood pressure medications are adherent; similarly, only 40 to 70 percent of patients taking antidepressant medications adhere to prescribed therapies. (3) Failure to take medications as prescribed costs over $177 billion dollars annually. The problem of nonadherence is particularly important for patients with chronic diseases that require use of medications; poor adherence leads to unnecessary disease progression, reduced functional status, lower quality of life, and premature death. (4) When patients adhere to, or comply with, their medication therapy, it is possible to reduce higher-cost medical attention, such as emergency department visits and catastrophic care, and avoid the preventable human costs that impact patients and those who care for them. (5) Studies have clearly demonstrated that community-based medication therapy management (MTM) services provided by pharmacists improve health care outcomes and reduce spending. For example, the Asheville Project--a diabetes program designed for city employees in Asheville, North Carolina, and delivered by community pharmacists--resulted over a 5-year period in a decrease in total direct medical costs ranging from $1,622 to $3,356 per patient per year, a 50 percent decrease in the use of sick days, and an increase in productivity accounting for an estimated savings of $18,000 annually. Another project involving pharmacist-provided care to patients with high cholesterol increased compliance with medication to 90 percent from a national average of 40 percent. In North Carolina, the ChecKmeds NC program, which offers eligible seniors one-on-one MTM consultations with pharmacists, saved an estimated $10,000,000 in healthcare costs and avoided numerous health problems in the first year of the program for the more than 15,000 seniors receiving MTM. Similar results have been achieved in several other demonstrations using community pharmacists. (6) Therefore, enhancement of the MTM benefit under part D of the Medicare program should be a key component of the national health care reform agenda. SEC. 3. IMPROVEMENT IN PART D MEDICATION THERAPY MANAGEMENT (MTM) PROGRAMS. (a) In General.--Section 1860D-4(c)(2) of the Social Security Act (42 U.S.C. 1395w-104(c)(2)) is amended-- (1) by redesignating subparagraphs (C) through (E) as subparagraphs (F) through (H), respectively; and (2) by inserting after subparagraph (B) the following new subparagraph: ``(C) Required reviews and interventions.-- Beginning in the first plan year after the date of the enactment of the Medication Therapy Management Benefits Act of 2009, PDP sponsors shall offer medication therapy management services to targeted beneficiaries described in subparagraph (A)(ii) that include, at a minimum, the following to increase adherence to prescription medications: ``(i) An annual comprehensive medication review furnished person-to-person by a licensed pharmacist. The comprehensive medication review-- ``(I) shall include a review of the individual's medications, creation of a personal medication record, and a recommended medication action plan in consultation with the individual and the prescriber; and ``(II) shall include providing the patient with a written or printed summary. ``(ii) Targeted medication reviews furnished person-to-person by a licensed pharmacist offered no less frequently than once every quarter to assess medication use since the last annual comprehensive medication review, to monitor unresolved issues, to identify problems with new drug therapies or if the individual has experienced a transition in care. ``(iii) Followup interventions, which may be provided person-to-person or through other interactive means, on a schedule and frequency recommended by the prescriber or a licensed pharmacist.''. (b) Increase Availability of MTM Services to Beneficiaries and Increase Community Pharmacy Involvement in Provision of MTM Services.-- (1) Increased beneficiary access to mtm services.--Section 1860D-4(c)(2) of such Act (42 U.S.C. 1395w-104(c)(2)), as amended by subsection (a), is further amended-- (A) in subparagraph (A)(ii)(I), by inserting before the semicolon at the end the following: ``or any chronic disease that accounts for high spending in the Medicare program including diabetes, hypertension, heart failure, dyslipidemia, respiratory disease (such as asthma, chronic obstructive pulmonary disease or chronic lung disorders), bone disease-arthritis (such as osteoporosis and osteoarthritis), rheumatoid arthritis, and mental health (such as depression, schizophrenia, or bipolar disorder)''; (B) by adding at the end of subparagraph (A) the following new clause: ``(iii) Identification of individuals who may benefit from medication therapy management.--The PDP sponsor shall identify a process subject to the Secretary's approval that allows pharmacists or other qualified providers to identify enrollees for medication therapy management interventions where such individuals are not described as targeted beneficiaries under clause (ii) or are not otherwise offered services described in paragraph (C).''; and (C) by inserting after subparagraph (C) the following new subparagraph: ``(D) Medication reviews for dual eligibles and enrollees in transition of care.--Without regard to whether an enrollee is a targeted beneficiary described in subparagraph (A)(ii), the medication therapy management program under this program shall offer-- ``(i) a comprehensive medication review described in subparagraph (C)(i) at the time of initial enrollment under the plan for an enrollee who is a full-benefit dual eligible individual (as defined in section 1935(c)(6)); and ``(ii) a targeted medication review described in subparagraph (C)(ii) for any enrollee at the time of transition of care (such as being discharged from a hospital or another institutional setting) where new medications have been introduced to the individual's therapy.''. (c) Community Pharmacy Access.--Section 1840D-4(c)(2) of such Act is further amended by inserting after subparagraph (D) the following new subparagraph: ``(E) Pharmacy access requirements.--A PDP sponsor shall offer any willing pharmacy in its network the ability to provide medication therapy management services to assure that enrollees have the option of obtaining services under the medication therapy management program from community-based retail pharmacies.''. (d) Reimbursement and Incentives Based on Performance.-- (1) Appropriate reimbursement for the provision of mtm services.--Section 1860D-4(c)(2)(H) of such Act, as redesignated by subsection (a), is amended by striking the first sentence and inserting the following: ``The PDP sponsor shall reimburse pharmacists and other entities furnishing medication therapy management services under this paragraph based on the resources used and the time required to provide such services.''. (2) Evaluation of performance for payment incentives.-- Section 1860D-4(c)(2) of such Act (42 U.S.C. 1395w-104(c)(2)) is amended by adding at the end the following new subparagraph: ``(I) Evaluation of performance.-- ``(i) Data collection and provider measures.--Effective beginning in the first plan year after the date of the enactment of the Medication Therapy Management Benefits Act of 2009, the Secretary shall establish measures and standards for data collection by PDP sponsors to evaluate performance of pharmacies and other entities in furnishing medication therapy management services. Such measures shall be designed to help assess and improve overall quality of care, including a reduction in adverse medication reactions, improvements in adherence and persistence in chronic medication use, and a reduction in drug spending, where appropriate. PDP sponsors shall also compare outcomes based on the type of entity offering such services and shall ensure broader participation of entities that achieve better outcomes with respect to such services. The measures established under this clause shall include measures developed by the Pharmacy Quality Alliance (PQA) in the case of pharmacist providers. ``(ii) Continual development and incorporation of medication therapy management measures in broader health care outcomes measures.--The Secretary shall support the continual development and refinement of performance measures described in clause (i), including the incorporation of medication use measures as part of broader health care outcomes measures. The Secretary shall work with state Medicaid programs to incorporate similar performance-based measures into State- required Drug Use Review programs under title XIX. ``(iii) Incentive payments.--Beginning with plan year 2011, pharmacies and other entities that furnish medication therapy management services under this part shall be provided (in a manner specified by the Secretary) with additional incentive payments based on the performance of such pharmacies and entities in meeting the quality measures established under clause (i). Such payments shall be made from the Medicare Prescription Drug Account except that such payments may be made from the Federal Hospital Insurance Trust Fund or the Federal Supplemental Medical Insurance Trust Fund if the Secretary determines, based on data under this part and parts A and B, that such services have resulted in a reduction in expenditures under part A or part B, respectively.''.	Medication Therapy Management Benefits Act of 2009 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act (SSA) to require that the medication therapy management (MTM) services prescription drug plan (PDP) sponsors offer to targeted beneficiaries include: (1) an annual comprehensive medication review furnished person-to-person by a licensed pharmacist; (2) at least quarterly targeted medication reviews, also furnished person-to-person by a licensed pharmacist; and (3) followup interventions, person-to-person or through other interactive means, on a schedule and frequency recommended by the prescriber or a licensed pharmacist. Increases the number of diseases and conditions for which beneficiaries may be targeted for MTM services. Requires a PDP sponsor to identify a process, subject to approval by the Secretary of Health and Human Services (HHS), that allows pharmacists or other qualified providers to identify enrollees for MTM interventions where such individuals are not targeted beneficiaries or are not otherwise offered MTM services. Requires any MTM program to offer both comprehensive and targeted medication reviews to individuals dually eligible for both Medicare and Medicaid (under SSA title XIX), regardless of whether they are MTM-targeted beneficiaries. Requires a PDP sponsor to offer any willing pharmacy in its network the ability to provide MTM services. Requires the PDP sponsor to reimburse pharmacists and other entities furnishing MTM services based on the resources used and the time required to provide such services. Directs the Secretary to: (1) establish measures and standards for data collection by PDP sponsors to evaluate performance of pharmacies and other entities in furnishing MTM services; and (2) support the continued development and refinement of performance measures. Provides pharmacies and other entities that furnish MTM services with additional incentive payments based on their performance in meeting quality measures established under this Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs Through Environmental Safeguarding and Streamlining Act of 2011''. SEC. 2. ADVANCED ACQUISITION OF REAL PROPERTY. Section 108 of title 23, United States Code, is amended-- (1) in subsection (c)(2)(G) by striking ``both the Secretary and the Administrator of the Environmental Protection Agency have concurred'' and inserting ``the Secretary has determined''; and (2) by adding at the end the following: ``(d) Consideration of Long-Range Transportation Needs.--The Secretary is authorized to encourage States and other public authorities, where practicable, to acquire transportation rights-of-way that are sufficient to accommodate long-range transportation needs, where possible through the acquisition of broad rights-of-way that have the capacity for future expansion over a 50- to 100-year period and that have the potential to accommodate one or more transportation modes.''. SEC. 3. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING. (a) Programmatic Compliance.--Section 139(b) of title 23, United States Code, is amended-- (1) in paragraph (2) by inserting ``, and any requirements established under this section may be satisfied,'' after ``exercised''; and (2) by adding at the end the following: ``(3) Programmatic approaches.--The Secretary may modify the procedures developed under this section to encourage programmatic approaches and strategies with respect to environmental programs and permits.''. (b) Designation of DOT Modal Administration To Serve as Lead Agency.--Section 139(c)(1) of such title is amended by inserting ``, acting through a single modal administration of the Department designated by the Secretary,'' after ``Department of Transportation''. (c) Project Initiation.--Section 139(e) of such title is amended by adding at the end the following: ``The project sponsor may satisfy this requirement by submitting to the Secretary a draft notice for publication in the Federal Register announcing the preparation of an environmental impact statement for the project that contains the information required under this subsection.''. (d) Coordination Plan.--Section 139(g)(1)(A) of such title is amended by striking ``project or category of projects'' and inserting ``project, category of projects, or program of projects''. (e) Guidelines.--Section 139 of such title is amended by adding at the end the following: ``(m) Guidelines.-- ``(1) Issuance.--The Secretary shall issue guidelines to assist States and local governmental entities in assuming an increased role under this section in-- ``(A) preparing environmental documents for projects under the National Environmental Policy Act of 1969; and ``(B) participating in agency consultation. ``(2) List of state reports.--The guidelines issued under paragraph (1) shall contain a list of State reports that may be adopted or used by the Secretary (or the Secretary's designee) in satisfying requirements for projects under the National Environmental Policy Act of 1969. ``(3) Sovereign immunity.--The guidelines issued under paragraph (1) shall specify the maximum extent to which a State or local government can participate in the environmental review process for a project without being subject to the jurisdiction of Federal courts with respect to such participation.''. (f) Reciprocity Agreements.-- (1) Study.--The Secretary shall conduct a study on the feasibility of entering into reciprocity agreements with States to maximize State participation in the environmental review process for projects (as defined in section 139 of such title) and the potential benefits of such agreements in expediting project delivery. (2) Report.--The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the results of the study. SEC. 4. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM. (a) Assumption of Responsibility.-- (1) Additional responsibility.--Section 327(a)(2)(B)(ii)(I) of title 23, United States Code, is amended to read as follows: ``(I) responsibility for any conformity determination (other than a conformity determination for an individual project) required under section 176 of the Clean Air Act (42 U.S.C. 7506); or''. (2) Highway projects involving more than one dot modal administration.--Section 327(a)(2) of such title is amended by adding at the end the following: ``(F) Highway projects involving more than one dot modal administration.-- ``(i) Treatment of projects.--For purposes of subparagraph (A), a project shall be treated as a `highway project' if the Secretary determines that the Federal Highway Administration is the lead agency for the project. ``(ii) Assignment of authorities.--In the case of a highway project that involves the Federal Highway Administration and another modal administration of the Department of Transportation, the authorities of the Secretary that may be assigned to a State under this subsection shall include the authorities of the Secretary that relate to the Federal Highway Administration and the other modal administration.''. (b) State Participation.-- (1) Number of participating states.--Section 327(b)(1) of such title is amended to read as follows: ``(1) Selection of participating states.-- ``(A) In general.--The Secretary may permit any State that meets the selection criteria contained in paragraph (4) to participate in the program. ``(B) Special rules.--Any State participating in the program on September 30, 2009-- ``(i) shall be permitted by the Secretary to continue to participate in the program; and ``(ii) shall not be required to submit an application under paragraph (2) in order to participate in the program.''. (2) Written agreement.--Section 327(c) of such title is amended to read as follows: ``(c) Written Agreement.-- ``(1) In general.--A written agreement under this section shall-- ``(A) be executed by the Governor or the top- ranking transportation official in the State who is charged with responsibility for highway construction; ``(B) be in such form as the Secretary may prescribe; ``(C) provide that the State-- ``(i) agrees to assume all or part of the responsibilities of the Secretary described in subsection (a); ``(ii) agrees to carry out those responsibilities using the best available science; ``(iii) expressly consents, on behalf of the State, to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the Secretary assumed by the State; ``(iv) certifies that State laws (including regulations) are in effect that-- ``(I) authorize the State to take the actions necessary to carry out the responsibilities being assumed; and ``(II) are comparable to section 552 of title 5, including providing that any decision regarding the public availability of a document under those State laws is reviewable by a court of competent jurisdiction; and ``(D) agrees to maintain the financial resources necessary to carry out the responsibilities being assumed. ``(2) Excluded projects.--A written agreement with a State under this section may include a list of projects in the State that are excluded from the program. The list shall be updated annually by mutual agreement between the Secretary and the State. ``(3) Term.--A written agreement with a State under this section shall-- ``(A) have a term of not more than 5 years; and ``(B) be renewable. ``(4) Use of project delivery methods.--A written agreement with a State under this section may not impose on the State a limitation on the use of a project delivery method if the limitation would not otherwise apply to the State under this title or another provision of law. In this paragraph, the term `project delivery method' includes the authority of a State to acquire rights-of-way and conduct final design work for a project with State funds on an at-risk basis prior to completion of the environmental review process for the project.''. (3) Audits and monitoring.--Section 327(g) of such title is amended-- (A) in the subsection heading by inserting ``and Monitoring'' after ``Audits''; (B) by redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following: ``(2) Monitoring.--If a State has been participating in the program pursuant to a written agreement under subsection (c) for a period of 10 consecutive years, the Secretary may monitor compliance by the State with the agreement instead of conducting audits under paragraph (1). If a State, while participating in the monitoring program under this section, repeatedly fails to comply with all aspects of the written agreement under subsection (c), the Secretary shall commence the auditing process. The Secretary shall develop procedures for conducting monitoring under this paragraph.''; and (D) in paragraph (3) (as redesignated by subparagraph (B) of this paragraph) by inserting after ``paragraph (1)'' the following: ``, and the results of monitoring conducted under paragraph (2),''. (c) Report to Congress.--Section 327(h) of such title is amended to read as follows: ``(h) Report to Congress.-- ``(1) In general.--Not later than 180 days after the date of enactment of the Jobs Through Environmental Safeguarding and Streamlining Act of 2011, and every 4 years thereafter, the Secretary shall make available to the public and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the results of the program. ``(2) Contents.--For each reporting period, the report shall contain, at a minimum, the following: ``(A) An assessment of whether delays were reduced and project delivery was enhanced as a result of the program. ``(B) An assessment of whether there were cost savings for States participating in the program and the Department of Transportation as a result of the program. ``(C) An assessment of whether environmental concerns were protected and considered in States participating in the program at a level consistent with nonparticipating States. ``(D) Recommendations for changes (if any) that could be made to enhance or improve the program. ``(E) An assessment of the impact and effectiveness of an environmental document quality control program of the transportation department of any State participating in the program.''. (d) Elimination of Termination Date.-- (1) In general.--Section 327(i)(1) of such title is repealed. (2) Conforming amendments.--Chapter 3 of such title is amended-- (A) in section 327-- (i) in the section heading by striking ``pilot''; and (ii) in subsection (a) by striking ``pilot''; and (B) in the chapter analysis by striking the item relating to section 327 and inserting the following: ``327. Surface transportation project delivery program.''.	Jobs Through Environmental Safeguarding and Streamlining Act of 2011 - Revises requirements for the mandatory joint determination by the Administrator of the Environmental Protection Agency (EPA) and the Secretary of Transportation (DOT), with respect to the eligibility for state reimbursement of the federal share of state costs for the advance acquisition of highway rights-of-way for a project eligible for surface transportation program funds, that such advanced acquisition did not influence the environmental assessment of the project, the decision to construct the project, or the selection of the project design or location. Removes the EPA Administrator from this joint determination, leaving the Secretary alone to make it. Authorizes the Secretary to encourage states and other public authorities, where practicable, to acquire broad transportation rights-of-way that have a capacity for future expansion over a 50- to 100- year period to accommodate the state's long-range transportation needs as well as one or more transportation modes. Allows the Secretary to modify project development procedures for any approved highway project, public transportation capital project, or multimodal project for which an environmental impact statement is prepared to encourage programmatic approaches and strategies with respect to environmental programs and permits. Directs the Secretary to issue guidelines to assist state and local governmental entities in assuming an increased role in preparing environmental documents as well as participating in the environmental review process for a project. Modifies the prohibition, under the surface transportation project delivery pilot program, against assignment to a state of the responsibility of the Secretary for any conformity determination under the Clean Air Act with regard to highway projects in the state. Allows the Secretary to assign a state that responsibility for an individual project. Treats any project as a highway project if the Federal Highway Administration (FHWA) is the lead agency for it. Allows the Secretary to assign a state authorities relating to the FHWA and another DOT modal administration with regard to any highway project involving such agencies. Eliminates the limitation to Alaska, California, Ohio, Oklahoma, and Texas of state participation in the program. Allows program participation by any state meeting the selection criteria. Prescribes special rules to permit a state participating in the program on September 30, 2009, to continue in the program and not be required to submit an application. Revises requirements for the written agreement under the pilot program between the Secretary and a state governor to include agreement to carry out the Secretary's assigned responsibilities using the best available science. Limits such an agreement to a five-year renewable term. Allows the agreement to list projects excluded from the program. Prohibits the agreement from imposing on the state a limitation on the use of a project delivery method, if the limitation would not otherwise apply to the state. Treats as a project delivery method state authority to acquire rights-of-way and conduct final design work for a project with state funds on an at-risk basis before completion of the project's environmental review process. Authorizes the Secretary to monitor state compliance with an agreement, instead of conducting an audit, if the state has been participating in the program pursuant to the agreement for 10 consecutive years. Requires the Secretary to commence the auditing process, however, if a state, while participating in the monitoring program, repeatedly fails to comply with all aspects of the agreement. Repeals the termination date for the surface transportation project delivery pilot program, thus making it permanent.
SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the New Bedford National Historic Landmark District and associated historic sites as described in section 3(b) of this Act, including the Schooner Ernestina, are National Historic Landmarks and are listed on the National Register of Historic Places as historic sites associated with the history of whaling in the United States; (2) the city of New Bedford was the 19th century capital of the world's whaling industry and retains significant architectural features, archival materials, and museum collections illustrative of this period; (3) New Bedford's historic resources provide unique opportunities for illustrating and interpreting the whaling industry's contribution to the economic, social, and environmental history of the United States and provide opportunities for public use and enjoyment; and (4) the National Park System presently contains no sites commemorating whaling and its contribution to American history. (b) Purposes.--The purposes of this Act are-- (1) to help preserve, protect, and interpret the resources within the areas described in section 3(b) of this Act, including architecture, setting, and associated archival and museum collections; (2) to collaborate with the city of New Bedford and with local historical, cultural, and preservation organizations to further the purposes of the park established under this Act; and (3) to provide opportunities for the inspirational benefit and education of the American people. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) The term ``park'' means the New Bedford Whaling National Historical Park established by section 3. (2) The term ``Secretary'' means the Secretary of the Interior. SEC. 3. NEW BEDFORD WHALING NATIONAL HISTORICAL PARK. (a) Establishment.--In order to preserve for the benefit and inspiration of the people of the United States as a national historical park certain districts, structures, and relics located in New Bedford, Massachusetts, and associated with the history of whaling and related social and economic themes in America, there is established the New Bedford Whaling National Historical Park. (b) Boundaries.--(1) The boundaries of the park shall be those generally depicted on the map numbered NAR-P49-80000-4 and dated June 1994. Such map shall be on file and available for public inspection in the appropriate offices of the National Park Service. In case of any conflict between the descriptions set forth in subparagraphs (A) through (D) and such map, such map shall govern. The park shall include the following: (A) The area included within the New Bedford National Historic Landmark District, known as the Bedford Landing Waterfront Historic District, as listed within the National Register of Historic Places and in the Massachusetts State Register of Historic Places. (B) The National Historic Landmark Schooner Ernestina, with its home port in New Bedford. (C) The land along the eastern boundary of the New Bedford National Historic Landmark District over to the east side of MacArthur Drive from the Route 6 overpass on the north to an extension of School Street on the south. (D) The land north of Elm Street in New Bedford, bounded by Acushnet Avenue on the west, Route 6 (ramps) on the north, MacArthur Drive on the east, and Elm Street on the south. (2) In addition to the sites, areas and relics referred to in paragraph (1), the Secretary may assist in the interpretation and preservation of each of the following: (A) The southwest corner of the State Pier. (B) Waterfront Park, immediately south of land adjacent to the State Pier. (C) The Rotch-Jones-Duff House and Garden Museum, located at 396 County Street. (D) The Wharfinger Building, located on Piers 3 and 4. (E) The Bourne Counting House, located on Merrill's Wharf. SEC. 4. ADMINISTRATION OF PARK. (a) In General.--The park shall be administered by the Secretary in accordance with this Act and the provisions of law generally applicable to units of the national park system, including the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). (b) Cooperative Agreements.--(1) The Secretary may consult and enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the park. (2) Any payment made by the Secretary pursuant to a cooperative agreement under this subsection shall be subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to the purposes of this Act, as determined by the Secretary, shall result in a right of the United States to reimbursement of all funds made available to such project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater. (c) Non-Federal Matching Requirements.--(1) Funds authorized to be appropriated to the Secretary for the purposes of-- (A) cooperative agreements under subsection (b) shall be expended in the ratio of one dollar of Federal funds for each four dollars of funds contributed by non-Federal sources; and (B) construction, restoration, and rehabilitation of visitor and interpretive facilities (other than annual operation and maintenance costs) shall be expended in the ratio of one dollar of Federal funds for each one dollar of funds contributed by non-Federal sources. (2) For the purposes of this subsection, the Secretary is authorized to accept from non-Federal sources, and to utilize for purposes of this Act, any money so contributed. With the approval of the Secretary, any donation of property, services, or goods from a non- Federal source may be considered as a contribution of funds from a non- Federal source for the purposes of this subsection. (d) Acquisition of Real Property.--For the purposes of the park, the Secretary may acquire only by donation lands, interests in lands, and improvements thereon within the park. (e) Other Property, Funds, and Services.--The Secretary may accept donated funds, property, and services to carry out this Act. SEC. 5. GENERAL MANAGEMENT PLAN. Not later than the end of the second fiscal year beginning after the date of enactment of this Act, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a general management plan for the park and shall implement such plan as soon as practically possible. The plan shall be prepared in accordance with section 12(b) of the Act of August 18, 1970 (16 U.S.C. 1a-7(b)) and other applicable law. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Except as provided in subsection (b), there are authorized to be appropriated such sums as may be necessary to carry out annual operations and maintenance with respect to the park. (b) Exceptions.--In carrying out this Act-- (1) not more than $2,000,000 may be appropriated for construction, restoration, and rehabilitation of visitor and interpretive facilities, and directional and visitor orientation signage; (2) none of the funds authorized to be appropriated by this Act may be used for the operation or maintenance of the Schooner Ernestina; and (3) not more than $50,000 annually of Federal funds may be used for interpretive and educational programs for the Schooner Ernestina pursuant to cooperative grants under section 4(b).	Establishes the New Bedford Whaling National Historical Park in New Bedford, Massachusetts, to be administered as a unit of the national park system. Requires expenditures to consist of: (1) one dollar of Federal funds for each four dollars of non-Federal funds for cooperative agreements entered into under this Act; and (2) non-Federal funds matching Federal funds for visitor and interpretive facilities (other than operation and maintenance costs). Requires the Secretary of the Interior to submit to specified congressional committees and to implement a general management plan for the Park. Authorizes appropriations. Limits the amount that may be appropriated for visitor and interpretive facilities and directional and visitor orientation signage. Prohibits the use of appropriations authorized under this Act for operation or maintenance of the Schooner Ernestina and limits the amount of Federal funds that may be used annually for interpretive and educational programs for the Schooner Ernestina pursuant to cooperative grants under this Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Next Steps for Haiti Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) Haiti is the world's first black-led republic and the first Caribbean country to achieve independence. (2) Since its independence on January 1, 1804, the Government of Haiti has struggled to meet the promise of freedom and democracy expressed in the Preliminary Declaration of its 1805 Constitution. (3) Many government changes in the last three decades, accompanied with ongoing violence, have contributed to the government's inability to provide security for its citizens and provide an environment conducive for the development of infrastructure. (4) Since the return of Haiti's democracy, the country has taken steps to achieve a relative measure of stability. However, the 40 percent rise in global food prices and subsequent 50 percent rise in the cost of Haiti's staple foods since mid-2007 has threatened Haiti's security and the capacity of Haiti's economy to prosper. (5) Haiti today stands as the Western Hemisphere's poorest country, and would benefit greatly from technical assistance in the fields of health care, sanitation, capacity building, and the environment. (6) United States Caribbean nationals have traditionally contributed to the economic and social development of their home countries through remittances. Diasporas serve as lobbies in their host countries and as transnational networks and actors in their respective societies. Partnering with the resources of a diaspora can lead to staffing and training of public administration, business development, job creation, and migration management. (7) At least 3 million Haitians live abroad, mostly in the United States and Canada. Members of the Haitian diaspora are Haiti's first customers and investors in tourism, small business, and mining. Return trips by Haitians living abroad provide significant capital for local economies and tourism. (8) According to the Inter-American Development Bank, remittances to families in Haiti reached an estimated 1.83 billion in 2007. These remittances account for 35 percent of Haiti's gross domestic product. (9) The diaspora support is received from hometown associations of professionals focusing on specific fields. These help create small- and medium-sized businesses in Haiti, through micro-volunteer projects and the channeling of funds through local, departmental, and national initiatives. (10) Mobilizing Haitians abroad is one means to advance state and economic reconstruction as well as reversing the brain drain and bring skilled and professional expatriates back to Haiti to greatly expand the nation's management capacity and workforce. SEC. 3. THE NEXT STEPS FOR HAITI ACT OF 2009. (a) Program Authorized.--The Director of Foreign Assistance, in consultation with the democratically elected Government of Haiti and Haitian civil society organizations, is authorized to establish a professional exchange program in Haiti, to be known as the ``Haiti Professional Exchange Program'' (in this Act referred to as the ``Exchange Program''). At all major phases of the Exchange Program, including establishing the Exchange Program's priorities, identifying the most appropriate skills for Exchange Program participants, and selecting and supervising Exchange Program participants, the democratically elected Government of Haiti and Haitian civil society organizations shall be consulted. (b) Purpose.--The purpose of the Exchange Program is to assign qualified Haitian Americans and others to provide technical assistance to help Haiti improve in areas vital to its growth and development, which may include education, energy, environment, healthcare, infrastructure, security, transportation, and disaster preparedness. (c) Coordination.--In carrying out the Exchange Program, the Director of Foreign Assistance shall negotiate an agreement with the democratically elected Government of Haiti to-- (1) provide technical assistance in areas vital to Haiti's growth and development as provided under subsection (b); and (2) identify, in accordance with Haitian needs and priorities, the sectors or professional fields to which Exchange Program participants may provide technical assistance and the objectives to be achieved, including specific projects or programs. (d) Consultation With Haitian Civil Society Organizations.--The democratically elected Government of Haiti should consult with Haitian civil society organizations to identify the needs and priorities of Haiti to outline the sectors or professional fields to which Exchange Program participants may provide technical assistance and the objectives to be achieved, including specific projects or programs. (e) Selection of Individuals for Participation in the Exchange Program.--The Director of Foreign Assistance shall establish a selections committee, consisting of representatives of the democratically elected Government of Haiti and Haitian civil society organizations, to identify criteria that should be met by individuals who wish to participate in the Exchange Program. In addition, the selections committee shall review potential eligible applicants who wish to participate in the Exchange Program to ensure that they can act as experts. (f) Outreach Program To Encourage Participation in the Exchange Program.--The Director of Foreign Assistance shall establish an outreach program to encourage participation in the Exchange Program, by individuals who shall meet the following requirements: (1) Are citizens of the United States or lawfully admitted for permanent residence in the United States. (2) Are-- (A) fluent in Kreyol or are working towards a proficiency in Kreyol, or willing to undertake intensive Kreyol training; or (B) fluent in French or are working towards a proficiency in French, or willing to undertake intensive French training. (3) Possess skills or expertise to further the purposes of this Act. (g) Terms of Participation for Individuals in the Exchange Program.-- (1) Orientation required for individuals in the exchange program.--Participants shall attend an orientation outlined by the Director of Foreign Assistance, in consultation with the selection committee. The orientation shall consist of workshops and seminars designed to prepare participants for their stay in Haiti. Topics addressed shall include the following: (A) A review of the Exchange Program's goals and intentions. (B) A review of Haiti's different approaches to the country's development needs. (C) A review of the potential cultural and behavioral barriers individuals may face while participating in the Exchange Program. (2) Length of service in exchange program.-- (A) 27 months.--Individuals may participate in the Exchange Program for not longer than 27 months. (B) Exception.--If a participant would like to extend the duration of time of participation in the program, an application for such an extension shall be subject to approval of the Director of Foreign Assistance, in consultation with the democratically elected Government of Haiti. Upon approval, individuals may participate in the Exchange Program for one additional year. (C) Compensation and readjustment allowance.-- (i) Compensation.--An individual who participates in the Exchange Program shall receive monthly compensation equal to the average monthly salary of such individual's professional Haitian counterpart. (ii) Readjustment allowance.--At the end of an individual's participation in the Exchange Program, the Director of Foreign Assistance shall provide to such individual a readjustment allowance in an amount equal to the number of months such individual participated in the Exchange Program multiplied by $250. (3) Enactment, notice.-- (A) Establishment.--The Exchange Program shall be established not later than 180 days after the date of the enactment of this Act. (B) Notice.--Not later than 30 days after the date on which the Director of Foreign Assistance establishes the Exchange Program under subsection (a), the Director shall-- (i) provide notice thereof to Congress; and (ii) submit to Congress information on the Exchange Program that contains the agreement governing the scope of work negotiated with the democratically elected Government of Haiti, a recruitment plan for participants, and a description of the qualifications and other appropriate information relating to individuals who are to be recruited to participate in the Exchange Program, including the needs that the individuals are expected to fill under the Exchange Program. (4) Definitions.--In this section: (A) Civil society.--The term ``civil society'' means voluntary civic and social organizations and may include registered charities, grassroots organizations, coalitions and advocacy groups, and professional associations. (B) Expert advisors.--The term ``expert advisors'' means individuals who possess extensive experience in fields which will benefit Haiti that may include education, energy, environment, health care, infrastructure, security, transportation, and disaster preparedness. (5) Authorization of appropriations.-- (A) In general.--There are authorized to be appropriated for each of fiscal years 2009 through 2014 such sums as may be necessary to carry out this section. (B) Sense of congress.--It is the sense of Congress that at least $3,000,000 should be made available for each of the fiscal years specified in subparagraph (A) to carry out this section. (h) Reports.-- (1) In general.--Not later than 18 months after the date of the enactment of this Act and annually thereafter, the Director of Foreign Assistance shall submit to Congress a report regarding the Exchange Program. (2) Contents.--The reports shall include information relating to the following: (A) Individuals and organizations selected to participate and receive funds and a detailed breakdown of the uses of such funds, including purpose, locations, and results. (B) The potential for expansion of the Exchange Program. (C) The number of individuals recruited to participate in the Exchange Program, their countries of origin and their current residences, and the ministry or agency and the locality in which each individual is placed. (D) A statement of financial accounting. SEC. 4. LOAN FORGIVENESS FOR EXCHANGE PROGRAM PARTICIPANTS. (a) Program Established.-- (1) Program authorized.--The Secretary of State, in cooperation with the Secretary of Education, shall establish and implement a program to cancel the obligation of loan borrowers to pay the principal and interest on student loans for program participants, during their service in the Exchange Program under section 2. (2) Method of repayment.--The Secretary of State shall carry out such program by repaying in accordance with subsection (b) the principal and interest, not to exceed a total of $10,000, on a loan made under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) for a borrower who-- (A) has obtained an undergraduate or graduate degree; (B) is selected to participate in the Exchange Program under section 2 of this Act; (C) is a United States citizen or permanent legal resident; and (D) is in repayment status on such loan and is not in default on a loan for which the borrower seeks forgiveness of principal and interest payments. (b) Terms.-- (1) Promise to complete service required for payment.--Any application for payment under subsection (a) shall contain an agreement by the applicant that the applicant will continue in a qualifying service described in subsection (a)(2)(B) for not less than 1 complete year, or will, upon a failure to complete such year, repay the United States the amount of the principal and interest repaid by the Secretary under subsection (a), at a rate and schedule, and in accordance with regulations, prescribed by the Secretary. Such regulations may provide for waiver by the Secretary of such repayment obligations upon proof of economic hardship as specified in such regulations. (2) Payment in installments.--After a borrower has been selected as a participant of the Exchange Program under section 2, the Secretary shall make payments under this section while the borrower is in loan repayment status and continues as a participant of such program. The Secretary shall repay a portion of a borrower's outstanding loan, not to exceed a total of $10,000, in the following increments: (A) Up to $2,000, or 20 percent of the borrower's outstanding loan balance, whichever is less, at the completion of the first year of such service. (B) Up to $2,500, or 25 percent of the borrower's outstanding loan balance, whichever is less, at the completion of the second year of such service. (C) Up to $5,000, or 50 percent of the borrower's outstanding loan balance, whichever is less, at the completion of the third and final year of such service. (c) Regulations.--The Secretary of State is authorized to issue such regulations as may be necessary to carry out this section. Such regulations shall establish procedures by which borrowers shall apply for loan repayment under this section.	Next Steps for Haiti Act of 2009 - Authorizes the Director of Foreign Assistance, in consultation with the government of Haiti and Haitian civil society organizations, to establish the Haiti Professional Exchange Program whose purpose shall be to assign qualified Haitian Americans and others to provide technical assistance to help Haiti improve in areas vital to its growth and development, including education, energy, environment, health care, infrastructure, security, transportation, and disaster preparedness. Requires that the Director establish an outreach program to encourage Exchange Program participation. Sets forth Program provisions. Authorizes appropriations. Directs the Secretary of State to implement a student loan forgiveness program for Program participants.
SECTION 1. HOPE AND LIFETIME LEARNING CREDITS TO BE REFUNDABLE. (a) Credit To Be Refundable.--Section 25A of the Internal Revenue Code of 1986 (relating to Hope and Lifetime Learning credits) is hereby moved to subpart C of part IV of subchapter A of chapter 1 of such Code (relating to refundable credits) and inserted after section 34. (b) Technical Amendments.-- (1) Section 35 of such Code is redesignated as section 36. (2) Section 25A of such Code (as moved by subsection (a)) is redesignated as section 35. (3) Paragraph (1) of section 35(a) of such Code (as redesignated by paragraph (2)) is amended by striking ``this chapter'' and inserting ``this subtitle''. (4) Subparagraph (B) of section 72(t)(7) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``section 35(g)(2)''. (5) Subparagraph (A) of section 135(d)(2) of such Code is amended by striking ``section 25A'' and inserting ``section 35''. (6) Section 221(e) of such Code is amended-- (A) in paragraph (2)(B), by striking ``section 25A(g)(2)'' and inserting ``section 35(g)(2)'' and by striking ``section 25A(f)(2)'' and inserting ``section 35(f)(2)'', and (B) in paragraph (3), by striking ``section 25A(b)(3)'' and inserting ``section 35(b)(3)''. (7) Clause (i) of section 529(e)(3)(B) of such Code is amended by striking ``section 25A(b)(3)'' and inserting ``section 35(b)(3)''. (8) Subparagraph (A) of section 530(b)(2) is amended by striking ``section 25A(g)(2)'' and inserting ``section 35(g)(2)''. (9) Clause (iii) of section 530(d)(4)(B) is amended by striking ``section 25A(g)(2)'' and inserting ``section 35(g)(2)''. (10) Subsection (e) of section 6050S is amended by striking ``section 25A'' and inserting ``section 35''. (11) Subparagraph (J) of section 6213(g)(2) is amended by striking ``section 25A(g)(1)'' and inserting ``section 35(g)(1)''. (12) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``or from section 35 of such Code''. (13) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 35 and inserting the following: ``Sec. 35. Hope and Lifetime Learning credits. ``Sec. 36. Overpayments of tax.'' (14) The table of sections for subpart A of such part IV is amended by striking the item relating to section 25A. (c) Effective Date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2001. SEC. 2. USE OF REFUNDS OF HOPE AND LIFETIME LEARNING CREDITS AS COLLATERAL FOR SHORT-TERM STUDENT LOANS. (a) In General.--Section 35 of the Internal Revenue Code of 1986 (as redesignated by section 1) is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new section: ``(i) Tuition Tax Credit Assignment Loans.-- ``(1) In general.--Any eligible educational institution may provide to a taxpayer described in paragraph (3) a tuition tax credit assignment loan. ``(2) Tuition tax credit assignment loan.--For purposes of this subsection, the term `tuition tax credit assignment loan' means a loan provided to the taxpayer by the eligible educational institution in return for which the taxpayer agrees to authorize the Internal Revenue Service to disburse the loan amount directly to the lender out of the next refund due to the taxpayer that is attributable to a credit under this section. ``(3) Taxpayers eligible for loan.--A taxpayer is eligible for a loan under this subsection if the taxpayer is either-- ``(A) an eligible student for whom a Hope Scholarship Credit under subsection (a)(1) is allowed, or ``(B) a taxpayer for whom a Lifetime Learning Credit is allowed. ``(4) Maximum amount of loan.--The amount of a loan provided under this subsection may not exceed-- ``(A) $1,000, or ``(B) in the case of a first-year or second-year student, $1,500. ``(5) Loan origination fee may be charged.--An eligible educational institution providing a tuition tax credit assignment loan may charge the taxpayer a loan origination fee of up to 5 percent of the loan amount, but may not charge interest on the loan amount. ``(6) 3-year time limit on use of credit refund as collateral.--If a taxpayer who has obtained a tuition tax credit assignment loan has not received a refund attributable to a credit under this section within three years after receiving the loan, then the loan will become due and payable in accordance with the terms of the loan agreement.''. (b) Effective Date.--The amendment made by this section shall apply with respect to credits claimed in taxable years beginning after December 31, 2001.	Amends the Internal Revenue Code to: (1) move the Hope and Lifetime Learning credits from subpart A (Nonrefundable Personal Credits) to subpart C (Refundable Credits); and (2) permit the use of a future refund of such credits as collateral for short-term student loans.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Weatherization Enhancement, and Local Energy Efficiency Investment and Accountability Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--WEATHERIZATION ASSISTANCE PROGRAM Sec. 101. Reauthorization of weatherization assistance program. Sec. 102. Grants to eligible multistate housing and energy nonprofit organizations. Sec. 103. Quality assurance program. TITLE II--STATE ENERGY PROGRAMS Sec. 201. Reauthorization of State energy programs. SEC. 2. FINDINGS. Congress finds that-- (1) the State energy program established under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) (referred to in this section as ``SEP'') and the Weatherization Assistance Program for Low-Income Persons established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) (referred to in this section as ``WAP'') have proven to be beneficial, long- term partnerships among Federal, State, and local partners; (2) the SEP and the WAP have been reauthorized on a bipartisan basis over many years to address changing national, regional, and State circumstances and needs, especially through-- (A) the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.); (B) the Energy Conservation and Production Act (42 U.S.C. 6801 et seq.); (C) the State Energy Efficiency Programs Improvement Act of 1990 (Public Law 101-440; 104 Stat. 1006); (D) the Energy Policy Act of 1992 (42 U.S.C. 13201 et seq.); (E) the Energy Policy Act of 2005 (42 U.S.C. 15801 et seq.); and (F) the Energy Independence and Security Act of 2007 (42 U.S.C. 17001 et seq.); (3) the SEP, also known as the ``State energy conservation program''-- (A) was first created in 1975 to implement a State- based, national program in support of energy efficiency, renewable energy, economic development, energy emergency preparedness, and energy policy; and (B) has come to operate in every sector of the economy in support of the private sector to improve productivity and has dramatically reduced the cost of government through energy savings at the State and local levels; (4) Federal laboratory studies have concluded that, for every Federal dollar invested through the SEP, more than $7 is saved in energy costs and almost $11 in non-Federal funds is leveraged; (5) the WAP-- (A) was first created in 1976 to assist low-income families in response to the first oil embargo; (B) has become the largest residential energy conservation program in the United States, with more than 7,100,000 homes weatherized since the WAP was created; (C) saves an estimated 35 percent of consumption in the typical weatherized home, yielding average annual savings of $437 per year in home energy costs; (D) has created thousands of jobs in both the construction sector and in the supply chain of materials suppliers, vendors, and manufacturers who supply the WAP; (E) returns $2.51 in energy savings for every Federal dollar spent in energy and nonenergy benefits over the life of weatherized homes; (F) serves as a foundation for residential energy efficiency retrofit standards, technical skills, and workforce training for the emerging broader market and reduces residential and power plant emissions of carbon dioxide by 2.65 metric tons each year per home; and (G) has decreased national energy consumption by the equivalent of 24,100,000 barrels of oil annually; (6) the WAP can be enhanced with the addition of a targeted portion of Federal funds through an innovative program that supports projects performed by qualified nonprofit organizations that have a demonstrated capacity to build, renovate, repair, or improve the energy efficiency of a significant number of low-income homes; (7) the WAP has increased energy efficiency opportunities by promoting new, competitive public-private sector models of retrofitting low-income homes through new Federal partnerships; (8) improved monitoring and reporting of the work product of the WAP has yielded benefits, and expanding independent verification of efficiency work will support the long-term goals of the WAP; (9) reports of the Government Accountability Office in 2011, Inspector General of the Department of Energy, and State auditors have identified State-level deficiencies in monitoring efforts that can be addressed in a manner that will ensure that WAP funds are used more effectively; (10) through the history of the WAP, the WAP has evolved with improvements in efficiency technology, including, in the 1990s, many States adopting advanced home energy audits, which has led to great returns on investment; and (11) as the home energy efficiency industry has become more performance-based, the WAP should continue to use those advances in technology and the professional workforce. TITLE I--WEATHERIZATION ASSISTANCE PROGRAM SEC. 101. REAUTHORIZATION OF WEATHERIZATION ASSISTANCE PROGRAM. Section 422 of the Energy Conservation and Production Act (42 U.S.C. 6872) is amended by striking ``appropriated--'' and all that follows through the period at the end and inserting ``appropriated $450,000,000 for each of fiscal years 2016 through 2020.''. SEC. 102. GRANTS TO ELIGIBLE HOUSING AND NONPROFIT ORGANIZATIONS. The Energy Conservation and Production Act is amended by inserting after section 414B (42 U.S.C. 6864b) the following: ``SEC. 414C. GRANTS TO ELIGIBLE HOUSING AND NONPROFIT ORGANIZATIONS. ``(a) Purposes.--The purposes of this section are-- ``(1) to expand the number of low-income, single-family and multifamily homes that receive energy efficiency retrofits; ``(2) to promote innovation and new models of retrofitting low-income homes through new Federal partnerships with covered organizations that leverage donations, donated materials, volunteer labor, homeowner labor equity, and other private sector resources; ``(3) to assist the covered organizations in demonstrating, evaluating, improving, and replicating widely the model low- income energy retrofit programs of the covered organizations; and ``(4) to ensure that the covered organizations make the energy retrofit projects undertaken by the covered organizations with awarded funds self-sustaining by the time grant funds have been expended. ``(b) Definition.--In this section, the term `covered organization' means an organization that-- ``(1) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code; and ``(2) has an established record of constructing, renovating, repairing, or making energy efficient an aggregate quantity of not less than 250 owner-occupied, single-family or multifamily homes for low-income households, either directly or through affiliates, chapters, or other direct partners (using the most recent year for which data are available). ``(c) In General.--The Secretary shall make grants to covered organizations through a national competitive process for use in accordance with this section. ``(d) Award Factors.--In making grants under this section, the Secretary shall consider-- ``(1) the number of low-income homes the applicant-- ``(A) has built, renovated, repaired, or made more energy efficient as of the date of the application; and ``(B) can reasonably be projected to build, renovate, repair, or make energy efficient during the grant period beginning on the date of the application; ``(2) the qualifications, experience, and past performance of the applicant, including experience successfully managing and administering Federal funds; ``(3) the number and diversity of States, communities, and climates in which the applicant works and the diversity of housing types requiring weatherization as of the date of the application; ``(4) the amount of non-Federal funds, donated or discounted materials, discounted or volunteer skilled labor, volunteer unskilled labor, homeowner labor equity, and other resources the applicant will provide; ``(5) the extent to which the applicant could successfully replicate the proposed energy retrofit project and sustain the project after the grant funds have been expended; and ``(6) such other factors as the Secretary determines to be appropriate. ``(e) Applications.-- ``(1) In general.--Not later than 120 days after the date of enactment of this section, the Secretary shall solicit proposals from covered organizations. ``(2) Administration.--To be eligible to receive a grant under this section, an applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(3) Awards.--Not later than 90 days after the closing date established by the Secretary for receipt of proposals, the Secretary shall award grants under this section. ``(f) Eligible Uses of Grant Funds.--A grant under this section may be used to-- ``(1) conduct energy efficiency audits; ``(2) perform cost-effective retrofit and related weatherization activities, including purchase of energy efficient materials and supplies; ``(3) conduct training activities and provide ongoing technical assistance; ``(4) provide information to homeowners on proper maintenance and energy savings behaviors; ``(5) conduct data collection, measurement, and verification activities to facilitate program monitoring, oversight, evaluation, and reporting; ``(6) manage and administer the grant (up to a maximum of 10 percent of the total grant); and ``(7) obtain and conduct such other materials and activities as the Secretary determines to be appropriate. ``(g) Maximum Amount.--The amount of a grant provided under this section shall not exceed $5,000,000. ``(h) Guidelines.-- ``(1) In general.--Not later than 60 days after the date of enactment of this section, the Secretary shall issue guidelines to implement the grant program established under this section. ``(2) Administration.--The guidelines shall establish-- ``(A) criteria for allowable expenditures; ``(B) a methodology to determine a minimum energy savings-to-investment ratio; ``(C) criteria for-- ``(i) the conduct of weatherization training programs; ``(ii) the conduct of energy audits and program activities; ``(iii) the conduct of project monitoring activities; and ``(iv) the use of methodologies to verify energy and cost savings; ``(D) liability insurance requirements; and ``(E) recordkeeping requirements, which shall include reporting to the Office of Weatherization and Intergovernmental Programs of the Department of Energy applicable data on each home retrofitted. ``(i) Review and Evaluation.--The Secretary shall review and evaluate the performance of any covered organization that receives a grant under this section (which may include an audit), as determined by the Secretary. ``(j) Compliance With State and Local Law.--Nothing in this section or any program carried out using a grant provided under this section supersedes or otherwise affects any State or local law, to the extent that the State or local law contains a requirement that is more stringent than the applicable requirement of this section. ``(k) Annual Reports.--The Secretary shall submit to Congress annual reports that provide a description of energy and cost savings achieved and actions taken under this section. ``(l) Funding.--Of the funds made available to carry out this part for each of fiscal years 2016 through 2020 under section 422, the Secretary shall make available to carry out this section-- ``(1) 2 percent of the amount if less than $225,000,000 is available; ``(2) 5 percent of the amount if $225,000,000 or more but less than $260,000,000 is available; ``(3) 10 percent of the amount if $260,000,000 or more but less than $400,000,000 is available; and ``(4) 20 percent of the amount if $400,000,000 or more is available.''. SEC. 103. QUALITY ASSURANCE PROGRAM. Section 415 of the Energy Conservation and Production Act (42 U.S.C. 6865) is amended by adding at the end the following: ``(f) Quality Assurance Program.-- ``(1) Contractor qualification.--Effective beginning January 1, 2016, to be eligible to carry out weatherization using funds made available under this part, a contractor shall be selected through a competitive bidding process and be-- ``(A) accredited by the Building Performance Institute; ``(B) an Energy Smart Home Performance Team accredited under the Residential Energy Services Network; or ``(C) accredited by an equivalent accreditation or program accreditation-based State certification program approved by the Secretary. ``(2) Grants to nonprofit organizations.-- ``(A) In general.--To be eligible to receive a grant under section 414C, a covered organization (as defined in section 414C(b)) shall use a crew chief who-- ``(i) is certified or accredited in accordance with paragraph (1); and ``(ii) supervises the work performed with grant funds. ``(B) Volunteer labor.--A volunteer who performs work for a covered organization that receives a grant under section 414C shall not be required to be certified under this subsection if the volunteer is not directly installing or repairing mechanical equipment or other items that require skilled labor. ``(3) Minimum efficiency standards.--Effective beginning October 1, 2016, the Secretary shall ensure that-- ``(A) each retrofit for which weatherization assistance is provided under this part meets minimum efficiency and quality of work standards established by the Secretary after weatherization of a dwelling unit; ``(B) at least 10 percent of such dwelling units are randomly inspected by a third party accredited as described in paragraph (1) (A) through (C) to ensure compliance with the minimum efficiency and quality of work standards established under subparagraph (A); and ``(C) the standards established under this subsection meet or exceed the industry standards for home performance work that are in effect on the date of enactment of this subsection, as determined by the Secretary.''. TITLE II--STATE ENERGY PROGRAMS SEC. 201. REAUTHORIZATION OF STATE ENERGY PROGRAMS. Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is amended by striking ``$125,000,000 for each of fiscal years 2007 through 2012'' and inserting ``$75,000,000 for each of fiscal years 2016 through 2020''.	Weatherization Enhancement and Local Energy Efficiency Investment and Accountability Act This bill amends the Energy Conservation and Production Act to reauthorize the Weatherization Assistance Program for low-income persons through FY2020. The Department of Energy (DOE) must make competitive grants to qualified tax-exempt charitable organizations for energy efficiency retrofits of low-income homes. The grants may be used for single-family and multifamily housing. Contractors carrying out weatherization with funds under the bill must be selected through a competitive bidding process and be accredited as specified by this bill. In order to receive a grant, organizations must use a crew chief who is certified or accredited as required by this bill. Beginning on October 1, 2016, DOE must ensure that: (1) each retrofit for which weatherization assistance is provided meets minimum efficiency and quality of work standards, (2) at least 10% of the dwelling units are randomly inspected by an accredited third party to ensure compliance with the standards, and (3) the standards meet or exceed the current industry standards for home performance work. The bill amends the Energy Policy and Conservation Act to reauthorize the program for state energy conservation plans through FY2020.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Otay Mountain Wilderness Act of 1999''. SEC. 2. FINDINGS. The Congress finds and declares the following: (1) The public lands within the Otay Mountain region of California are one of the last remaining pristine locations in western San Diego County, California. (2) This rugged mountain adjacent to the United States-Mexico border is internationally known for its diversity of unique and sensitive plants. (3) This area plays a critical role in San Diego's multi- species conservation plan, a national model made for maintaining biodiversity. (4) Due to its proximity to the international border, this area is the focus of important law enforcement and border interdiction efforts necessary to curtail illegal immigration and protect the area's wilderness values. (5) The illegal immigration traffic, combined with the rugged topography, also presents unique fire management challenges for protecting lives and resources. SEC. 3. DESIGNATION. In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain public lands in the California Desert District of the Bureau of Land Management, California, comprising approximately 18,500 acres as generally depicted on a map entitled ``Otay Mountain Wilderness'' and dated May 7, 1998, are hereby designated as wilderness and therefore as a component of the National Wilderness Preservation System, which shall be known as the Otay Mountain Wilderness. SEC. 4. MAP AND LEGAL DESCRIPTION. (a) In General.--As soon as practicable after the date of the enactment of this Act, a map and a legal description for the Wilderness Area shall be filed by the Secretary with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. Such map and legal description shall have the same force and effect as if included in this Act, except that the Secretary, as appropriate, may correct clerical and typographical errors in such legal description and map. Such map and legal description for the Wilderness Area shall be on file and available for public inspection in the offices of the Director and California State Director, Bureau of Land Management, Department of the Interior. (b) United States-Mexico Border.--In carrying out this section, the Secretary shall ensure that the southern boundary of the Wilderness Area is 100 feet north of the trail depicted on the map referred to in subsection (a) and is at least 100 feet from the United States-Mexico international border. SEC. 5. WILDERNESS REVIEW. The Congress hereby finds and directs that all the public lands not designated wilderness within the boundaries of the Southern Otay Mountain Wilderness Study Area (CA-060-029) and the Western Otay Mountain Wilderness Study Area (CA-060-028) managed by the Bureau of Land Management and reported to the Congress in 1991, have been adequately studied for wilderness designation pursuant to section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), and are no longer subject to the requirements contained in section 603(c) of that Act pertaining to the management of wilderness study areas in a manner that does not impair the suitability of such areas for preservation as wilderness. SEC. 6. ADMINISTRATION OF WILDERNESS AREA. (a) In General.--Subject to valid existing rights and to subsection (b), the Wilderness Area shall be administered by the Secretary in accordance with the provisions of the Wilderness Act (16 U.S.C. 1131 et seq.), except that-- (1) any reference in such provisions to the effective date of the Wilderness Act is deemed to be a reference to the effective date of this Act; and (2) any reference in such provisions to the Secretary of Agriculture is deemed to be a reference to the Secretary of the Interior. (b) Border Enforcement, Drug Interdiction, and Wildland Fire Protection.--Because of the proximity of the Wilderness Area to the United States-Mexico international border, drug interdiction, border operations, and wildland fire management operations are common management actions throughout the area encompassing the Wilderness Area. This Act recognizes the need to continue such management actions so long as such management actions are conducted in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and are subject to such conditions as the Secretary considers appropriate. SEC. 7. FURTHER ACQUISITIONS. Any lands within the boundaries of the Wilderness Area that are acquired by the United States after the date of the enactment of this Act shall become part of the Wilderness Area and shall be managed in accordance with all the provisions of this Act and other laws applicable to such a wilderness. SEC. 8. NO BUFFER ZONES. The Congress does not intend for the designation of the Wilderness Area by this Act to lead to the creation of protective perimeters or buffer zones around the Wilderness Area. The fact that nonwilderness activities or uses can be seen or heard from areas within the Wilderness Area shall not, of itself, preclude such activities or uses up to the boundary of the Wilderness Area. SEC. 9. DEFINITIONS. As used in this Act: (1) Public lands.--The term ``public lands'' has the same meaning as that term has in section 103(e) of the Federal Land Policy and Management Act of 1976. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Wilderness area.--The term ``Wilderness Area'' means the Otay Mountain Wilderness designated by section 3. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.	Otay Mountain Wilderness Act of 1998 - Designates specified public lands in the California Desert District of the Bureau of Land Management as the Otay Mountain Wilderness. Recognizes that, because of the Wilderness Area's proximity to the U.S.-Mexican international border, drug interdiction, border operations, and wildland fire management operations need to continue so long as they are conducted in accordance with the Wilderness Act and any conditions the Secretary of the Interior considers appropriate. Declares that such designation is not intended to lead to the creation of protective buffer zones around the Wilderness.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``National Park Centennial Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purpose. TITLE I--CENTENNIAL FUND Sec. 101. Centennial fund for preserving America's national parks. Sec. 102. Designation of overpayments and contributions for the benefit of units of the National Park System. Sec. 103. Program allocation. Sec. 104. Patriots for national parks. TITLE II--ELIMINATING THE NATIONAL PARK MAINTENANCE BACKLOG Sec. 201. Backlog elimination. TITLE III--PROTECTING NATURAL WONDERS Sec. 301. Natural resource challenge. TITLE IV--PROTECTING NATIONAL TREASURES Sec. 401. Cultural resource challenge. TITLE V--MEETING ANNUAL OPERATING NEEDS Sec. 501. Progress on annual appropriations. TITLE VI--REPORTS Sec. 601. Reports assessing the national parks. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The National Park Service was established to conserve the national parks, their scenery, natural and historic objects, and wildlife for public enjoyment, in such manner and by such means as will leave them unimpaired for the enjoyment of future generations. (2) The central purpose of the establishment of our national parks is being challenged by chronic funding shortfalls, which have created annual shortfalls in operational funding that exceed $800,000,000, and have amassed a maintenance backlog estimated by the Congressional Research Service to be between $4,520,000,000 and $6,800,000,000. (3) Without providing the Park Service the resources necessary to operate and maintain our national parks, future generations will-- (A) receive diminished visitor services; (B) experience a continually weakening system that is less and less able to fulfill its mission; and (C) inherit a National Park System that has been left to them in worse condition than it was left to their ancestors. (4) The annual Congressional appropriations process has proved insufficient to fully address the debilitating funding shortfalls of the national parks, making it necessary to supplement what the appropriations process is able to accomplish. (5) It is necessary to ensure that fiscal resources devoted to the national parks are spent wisely and effectively, making strong congressional oversight over annual appropriations extremely important. (6) Congress can enhance the resources available for national park operations and ensure adequate oversight over Park Service spending by removing from the appropriations process a series of funding responsibilities that are outside the core operating budgets for the national parks. (b) Purpose.--The purpose of this Act is to eliminate the annual operating deficit and the maintenance backlog in the national parks by the centennial anniversary of the National Park System by enabling Congress to focus on overseeing and fully funding the core operations of the national parks in the annual appropriations process. TITLE I--CENTENNIAL FUND SEC. 101. CENTENNIAL FUND FOR PRESERVING AMERICA'S NATIONAL PARKS. (a) Establishment.--There is established in the Treasury a fund which shall be known as the ``National Park Centennial Fund'', hereinafter in this Act referred to as the ``Centennial Fund''. In each fiscal year beginning in fiscal year 2008, the Secretary of the Treasury shall deposit into the Centennial Fund amounts set forth in subsection (b) sufficient to fund the programs identified in titles II, III, and IV. (b) Appropriations.--There are hereby appropriated to the Centennial Fund in each fiscal year, the following amounts: (1) Amounts equivalent to the amounts designated in the taxable year ending in the fiscal year concerned under section 6097 of the Internal Revenue Code of 1986. (2) Any additional amounts necessary to make the total amounts deposited to the Centennial Fund each fiscal year equal to the total amount listed in section 103. SEC. 102. DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE BENEFIT OF UNITS OF THE NATIONAL PARK SYSTEM. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE BENEFIT OF UNITS OF THE NATIONAL PARK SYSTEM ``Part IX--Designation of Overpayments and Contributions for the Benefit of Units of the National Park System ``Sec. 6097. Designation. ``SEC. 6097. DESIGNATION. ``(a) In General.--In the case of an individual, with respect to each taxpayer's return for the taxable year of the tax imposed by chapter 1, such taxpayer may designate that-- ``(1) a specified portion (but not less than $1) of any overpayment of tax for such taxable year, and ``(2) any cash contribution which the taxpayer includes with such return, shall be used for the benefit of units of the National Park System. ``(b) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year only at the time of filing the return of the tax imposed by chapter 1 for such taxable year. Such designation shall be made in such manner as the Secretary prescribes by regulations except that such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Overpayments Treated as Refunded.--For purposes of this title, any portion of any overpayment of tax designated under subsection (a) shall be treated as being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end thereof the following new item: ``Part IX. Designation of overpayments and contributions for the benefit of units of the National Park System''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 103. PROGRAM ALLOCATION. (a) Annual Deposits.--There shall be deposited in the Centennial Fund from amounts designated under section 6097 of the Internal Revenue Code of 1986 (and from the General Fund of the Treasury to the extent the amounts so designated are less than the total amounts specified in this section for the fiscal year concerned), $200,000,000 for fiscal year 2008 and, for each succeeding fiscal year through fiscal year 2016, an amount equal to 15 percent above the amount deposited the prior fiscal year. Such amounts shall, without further appropriation, be available to the Secretary of the Interior until expended. (b) Sunset.--Effective October 1, 2016, titles II, III, and V of this Act shall expire, after which time receipts generated from section 6097 of the Internal Revenue Code of 1986 shall be used to supplement annual appropriations for base operations of the individual national parks. SEC. 104. PATRIOTS FOR NATIONAL PARKS. There are hereby authorized to be appropriated to the Secretary of the Interior such sums as necessary for a public awareness campaign about the existence of the Centennial Fund and the ability of taxpayers to contribute to it through the tax checkoff created in section 6097 of the Internal Revenue Code of 1986. TITLE II--ELIMINATING THE NATIONAL PARK MAINTENANCE BACKLOG SEC. 201. BACKLOG ELIMINATION. (a) In General.--Sixty percent of the funds deposited into the Centennial Fund shall be used to eliminate the backlog of unmet needs in the national parks, as identified in the Facility Condition Index (hereinafter in this Act referred to as the ``FCI'') of the National Park Service. (b) Priorities.--(1) The Secretary of the Interior shall prepare, as part of the annual budget proposal, a priority list of projects to be funded under this section. Moneys shall be made available from the Centennial Fund, without further appropriation, effective October 15 of each calendar year, for the projects identified on the priority list. (2) In preparing the list of projects to be funded under this section, the Secretary of the Interior shall give priority to projects that-- (A) are identified in the general management plan of a national park; (B) are listed in the FCI; (C) are identified by the Secretary of the Interior as necessary to prevent immediate damage to the natural, cultural, or historic resources with a national park, with priority given to projects with the most significant benefit to conservation of resources or visitor education; and (D) are identified as necessary to promote public health and safety. (c) Overhead.--National parks undertaking projects under this section may allocate not more than 8 percent of the funds for such projects for oversight of such projects and other associated overhead responsibilities. TITLE III--PROTECTING NATURAL WONDERS SEC. 301. NATURAL RESOURCE CHALLENGE. (a) Natural Resource Protection.--Twenty percent of the funds deposited into the Centennial Fund shall be used to protect natural resources within national parks. (b) Project Description.--The Secretary of the Interior shall prepare, as part of the annual budget proposal, a description of projects to be funded under this section. Moneys shall be made available from the Centennial Fund, without further appropriation, effective October 15 of each calendar year for projects that include each of the following: (1) Natural resource inventories. (2) Monitoring efforts including air and water quality monitoring. (3) Protection of native and endangered species and their habitats. (4) Control of nonnative species. (5) Resource planning. (6) Increased collaboration with scientists. (7) Authorized environmental restoration projects. (8) Use of national parks for learning, including visitor education and interpretation. (9) Establishment of partnerships with nonpark entities for the purpose of leveraging Federal funds allocated to natural resource protection. TITLE IV--PROTECTING NATIONAL TREASURES SEC. 401. CULTURAL RESOURCE CHALLENGE. (a) Cultural Resources.--Twenty percent of the funds deposited into the Centennial Fund shall be used to protect cultural resources within national parks. (b) Project Description.--The Secretary of the Interior shall prepare, as part of the annual budget proposal, a description of projects to be funded under this section. Moneys shall be made available from the Centennial Fund, without further appropriation, effective October 15 of each calendar year, for activities that include each of the following: (1) Cultural or historic resources not listed on the FCI. (2) Documenting and preserving archaeological sites. (3) Preserving collections and archives. (4) Ethnographic activities. (5) Evaluating and protecting cultural landscapes. (6) Use of national parks for learning, including visitor education and interpretation. (7) Establishment of partnerships with non-park entities for the purpose of leveraging Federal funds allocated to cultural resource protection. TITLE V--MEETING ANNUAL OPERATING NEEDS SEC. 501. PROGRESS ON ANNUAL APPROPRIATIONS. (a) GAO Report.--The General Accounting Office biennially shall submit to the Committee on Appropriations, Committee on Government Reform, and Committee on Resources of the United States House of Representatives and to the Committee on Appropriations, Committee on Government Affairs, and Committee on Energy and Natural Resources of the United States Senate a report that describes each of the following: (1) The progress of Congress in eliminating the annual operating fund deficit in the National Park System, defined as in excess of $800,000,000 based on a 2006 estimate of then- complete national park business plans, and a projection of when such deficit will be eliminated, based on funding levels and trends. (2) A comparison of business plan estimates of national park needs versus actual funds appropriated to such national parks. (3) Any differences in the National Park Service's business plan methodology for the estimate in paragraph (2) of this subsection compared to that used in fiscal year 2003. (4) Management improvement measures undertaken by individual park units and by the National Park Service as a whole, including actual realized savings and actual impact on visitor services and resource protection. (5) Adjustments in, and the total number of, full-time equivalent and actual positions dedicated to resource protection, visitor services, interpretation, and other employment categories. (6) Any adjustments made in service to the public, including but not limited to adjustments to visitor center hours and the number or quality of ranger-led tours. (7) Any changes in the National Park Service's level of effort due to partnership or other leveraged activities. (8) Any new requirements and assessments placed on the national parks for unbudgeted expenses, including, but not limited to, homeland security, natural disasters, and employee cost-of-living adjustments. (9) An assessment of the accuracy and completeness of the Facility Condition Index described in title I of this Act, including adjustments made to such Index on an annual basis. (b) Business Plan Implementation Demonstration Program.--In consultation with the Director of the National Park Service, at least 60 percent of the amounts provided under titles II, III, and IV shall be distributed to national parks that have completed comprehensive business plans under the Business Plan Initiative of the National Park Service. (c) Education and the National Parks.--The Secretary of Education is hereby authorized to provide grants to elementary and secondary schools to enter into cooperative agreements with the National Park Service for the purpose of distance learning and onsite education programs for the following purposes: (1) Connecting students to the history of our Nation through the national parks. (2) Using the national parks to facilitate scientific instruction. (d) Intent of Congress To Supplement Annual Appropriations for National Park Service.--Amounts made available by this Act are intended by the Congress to supplement, and not detract from, annual appropriations for the National Park Service. TITLE VI--REPORTS SEC. 601. REPORTS ASSESSING THE NATIONAL PARKS. (a) In General.--Not later than 18 months after the date of the enactment of this Act, the Secretary of the Interior shall submit to Congress the following reports: (1) A comprehensive report of the historical, cultural, and environmental resources currently represented in the National Park System. The report shall include recommendations regarding what gaps, if any, in resource representation may be filled by the National Park Service during its second centennial. (2) A comprehensive report of the National Park Service's outreach efforts to raise interest in National Parks among young people and different ethnic groups. The report shall include-- (A) an analysis of partnerships between National Parks and local communities that are working on educational programs and of the programs on which they are working; and (B) recommendations regarding how the outreach efforts and partnerships could be improved during the National Park Service's second centennial. (3) A comprehensive report on the condition of the roads and bridges used by visitors in National Parks. The report shall inventory the needs for repairs and replacements of those roads and bridges and recommendations for new roads and bridges. (4) A comprehensive report on the conditions of alternative transportation systems in National Parks. The report shall include recommendations for repairs and replacements of alternative transportation systems, and for additional alternative transportation systems, especially those needed to accommodate bicyclists and pedestrians. For the purpose of this paragraph, ``alternative transportation systems''-- (A) means transportation by bus, rail, or any other publicly or privately owned conveyance that provides service to the public general or special service on a regular basis; (B) includes sightseeing service; (C) includes a non-motorized transportation system (including the provision of facilities for pedestrians, bicycles and nonmotorized craft) both public and private; and (D) is not limited to systems that provide access to motorized systems. (b) Funding.--The Secretary of the Interior shall use the first $300,000 deposited into the Centennial Fund to carry out this section.	National Park Centennial Act - Establishes the National Park Centennial Fund in the Treasury. Amends the Internal Revenue Code to allow individual taxpayers to designate overpayments and contributions for the benefit of the National Park System. Allocates such amounts to the Fund (along with necessary amounts from the General Fund to the extent that such amounts are inadequate in any fiscal year) for expenditure by the Secretary of the Interior. Authorizes appropriations for a public awareness campaign about the Fund and the ability of taxpayers to make tax-related contributions. Requires a specified percentage of Fund deposits to be used: (1) for the elimination of the backlog of unmet needs in the national parks as identified in the Facility Condition Index of the National Park Service (NPS); (2) to protect natural resources within the parks; and (3) to protect cultural resources within the parks. Requires a majority of such percentages to be distributed to those national parks that have completed comprehensive business plans under the Business Plan Initiative of the NPS. Directs the Government Accountability Office (GAO) annually to submit a report on the National Park System. Authorizes the Secretary of Education to provide grants to elementary and secondary schools for cooperative agreements with the NPS providing distance learning and onsite education programs. Requires the Secretary of the Interior to submit specified reports assessing the national parks.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping Seniors Safe From Falls Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) One third of older adults over age 65 fall each year. Falls are the leading cause of injury deaths among individuals for this population with risk of falling and injury rates increasingly common with advanced age. (2) Older adults are hospitalized for fall-related injuries five times more often than for injuries from other causes. (3) In 2003, falls among older adults accounted for 12,900 deaths, 1,800,000 emergency department visits, and 421,000 hospitalizations. (4) In 2003, unintentional falls accounted for more than 62.7 percent of nonfatal injuries for people age 65 or older. (5) 87 percent of all fractures among older adults are due to falls. (6) Among older adults who fall, 20 to 30 percent suffer moderate to severe injuries such as hip fractures or head traumas that reduce mobility and independence, increase the risk of premature death, and lead to serious health problems. (7) Hospital admissions for hip fractures among the elderly have increased from 231,000 admissions in 1988 to 338,000 in 1999, with an average hospital stay of one week. (8) From 2000 to 2040, the number of people age 65 or older is projected to increase from 34.8 million to 77.2 million. Given our aging population, by the year 2040, the number of hip fractures is expected to exceed 500,000. (9) 25 percent of older adults who sustain hip fractures remain institutionalized for at least one year and 50 percent of all older people hospitalized for hip fractures cannot return home or live independently after their injury, never returning to their prior level of mobility. (10) 25 percent of adults age 65 or older who sustain a hip fracture die within a year. (11) Annually, more than 64,000 individuals who are over 65 years of age sustain a traumatic brain injury as a result of a fall. (12) The total cost of all fall injuries for people age 65 and older was calculated in 1994 to be $27,300,000,000 (in 2004 dollars). By 2020 the cost of fall injuries is expected to reach $43,800,000,000 annually. (13) A national approach to reducing falls among older adults, which focuses on the daily life of senior citizens in residential, institutional, and community settings, is needed. SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. Part J of title III of the Public Health Service Act (42 U.S.C. 280b et seq.) is amended-- (1) by redesignating section 393B (as added by section 1401 of Public Law 106-386) as section 393C and transferring such section so that it appears after section 393B (as added by section 1301 of Public Law 106-310); and (2) by inserting after section 393C (as redesignated and transferred by paragraph (1)) the following: ``SEC. 393D. PREVENTION OF FALLS AMONG OLDER ADULTS. ``(a) Purposes.--The purposes of this section are-- ``(1) to develop effective public education strategies in a national initiative to reduce falls among older adults and to educate older adults, family members, employers, caregivers, and others; ``(2) to intensify services and conduct research to determine the most effective approaches to preventing and treating falls among older adults; ``(3) to support demonstration projects designed to reduce the risk of falls and/or injuries caused by falls; and ``(4) to require the Secretary to evaluate the effect of falls on health care costs, the potential for reducing falls, and the most effective strategies for reducing health care costs associated with falls. ``(b) Public Education.--The Secretary shall-- ``(1) oversee and support a national education campaign and award grants, contracts, and cooperative agreements to be carried out by qualified organizations that focuses on reducing falls among older adults and preventing repeat falls; and ``(2) award grants, contracts, or cooperative agreements to qualified organizations, institutions, or consortia of qualified organizations and institutions, for the purpose of organizing State-level coalitions of appropriate State and local agencies, safety, health, senior citizen, city planning, and other organizations to design and carry out local education campaigns, focusing on reducing falls among older adults, preventing repeat falls, and planning and designing safe communities. ``(c) Professional Education.--The Secretary shall-- ``(1) oversee and support a national education campaign and award grants, contracts, and cooperative agreements to be carried out by qualified organizations that focuses on educating physicians, allied health professionals, and related providers of health and safety services about falls risk, assessment and prevention; and ``(2) award grants, contracts, or cooperative agreements to qualified organizations, institutions, or consortia of qualified organizations and institutions, including nonprofit safety and aging-related organizations that have a demonstrated interest in fall prevention, safety and older adult issues, for the purpose of designing and carrying out State-level professional education campaigns to educate physicians, allied health professionals, and related providers of health and safety services about falls risk, assessment and prevention. ``(d) Research.--The Secretary shall award grants, contracts, or cooperative agreements to qualified organizations, institutions, or consortia of qualified organizations and institutions, to-- ``(1) conduct and support research to-- ``(A) improve the identification of older adults who have a high risk of falling; ``(B) improve data collection and analysis to identify fall risk and protective factors; ``(C) design, implement, and evaluate the most effective fall prevention interventions; ``(D) design, implement, and evaluate medication management interventions; ``(E) improve strategies that are proven to be effective in reducing falls by tailoring these strategies to specific populations of older adults; ``(F) conduct research in order to maximize the dissemination of proven, effective fall prevention interventions; ``(G) intensify proven interventions to prevent falls among older adults; ``(H) improve the diagnosis, treatment, and rehabilitation of elderly fall victims; and ``(I) assess the risk of falls occurring in various settings; to include the role of the environment of falls and the effectiveness of environment interventions on preventing falls; ``(2) conduct research concerning barriers to the adoption of proven interventions with respect to the prevention of falls among older adults; ``(3) conduct research to develop, implement, and evaluate the most effective approaches to reducing falls among high-risk older adults living in long-term care facilities; ``(4) evaluate the effectiveness of community programs to prevent assisted living and nursing home falls among older adults; ``(5) conduct research to identify effective strategies in home modifications to promote independent living and a reduction in falls; and ``(6) identify an existing Web site, or establish a Web site, to serve as an information clearinghouse and repository of falls research and activities being conducted by agencies, organizations, academic institutions and related groups. ``(e) Demonstration Projects.-- ``(1) Collaborations between health care providers and aging services network.-- ``(A) In general.--The Secretary shall oversee and support demonstration projects through grants, contracts, and cooperative agreements designed to reduce the risk of falls, or injuries caused by falls, or both, in frail older adults, emphasizing projects that foster collaboration between health care providers and the aging services network, including the following: ``(i) Demonstrations that target at-risk older adult populations, particularly those with functional limitations, to maximize their independence and quality of life. ``(ii) Demonstrations that assess the effectiveness of clinical risk factor screening and management when linked to community-based programs and services that support behavior change, activity, and other appropriate interventions. ``(iii) Demonstrations that assess the feasibility and effectiveness of offering evidence-based behavior change and physical activity interventions that address falls risk in accessible non-medical settings, with linkages to health care providers. ``(iv) Private sector and public-private partnerships to develop technology to prevent falls among older adults and prevent or reduce injuries if falls occur, including technology designed to measure, assess, and rate the traction of consumer flooring materials, floor polishes, and walkway agents. ``(B) Evaluations.--The Secretary shall award one or more grants, contracts, or cooperative agreements to a qualified research organization or university, as determined by the Secretary, to conduct evaluations of the effectiveness of the demonstration projects described in subparagraph (A). ``(2) Collaborations between health care providers and residential and institutional settings.-- ``(A) In general.--The Secretary shall oversee and support demonstration projects designed to reduce the risk of falls, or injuries caused by falls, or both, in frail older adults, emphasizing projects that foster collaboration between health care providers and residential and institutional settings, including the following: ``(i) A multi-State demonstration project to implement and evaluate fall prevention programs using proven intervention strategies designed for multifamily residential settings with high concentrations of appropriate at-risk populations of older adults to maximize independence and quality of life, particularly those with functional limitations. For purposes of carrying out such project, the Secretary shall award one or more grants, contracts, or cooperative agreements to one or more qualified organizations, institutions, or consortia of qualified organizations and institutions. ``(ii) Demonstration projects that assess the effectiveness of clinical risk factor screening and management and that is integrated with the Aging Services Network of residential programs and services capable of providing long-range supportive environments and activity programs to affect behavior change and falls risk. ``(iii) Evidence-based, residential and institutional programs that promote the adoption of healthy behaviors and enhanced physical activity level, and that address other appropriate risk factors to reduce the risk of falls. ``(iv) Private sector and public-private partnerships to develop technology to prevent falls among older adults and prevent or reduce injuries if falls occur. ``(B) Evaluations.--The Secretary shall award one or more grants, contracts, or cooperative agreements to a qualified research organization or university, as determined by the Secretary, to conduct evaluations of the effectiveness of the demonstration projects described in subparagraph (A). ``(f) Study of Effects of Falls on Health Care Costs.-- ``(1) In general.--The Secretary shall conduct a review of the effects of falls on health care costs, the potential for reducing falls, and the most effective strategies for reducing health care costs associated with falls. ``(2) Report.--Not later than 36 months after the date of the enactment of the Keeping Seniors Safe From Falls Act of 2006, the Secretary shall submit to Congress a report describing the findings of the Secretary in conducting the review under paragraph (1). ``(g) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $35,000,000 for each of the fiscal years 2007 through 2010.''.	Keeping Seniors Safe From Falls Act of 2006 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to: (1) oversee and support national education campaigns focusing on reducing falls among older adults, on preventing repeat falls, and on educating health professionals about falls risk, assessment, and prevention; and (2) award grants for local and state education campaigns. Directs the Secretary to conduct and support research to: (1) improve the identification of older adults who have a high risk of falling; (2) improve data collection and analysis to identify fall risk and protective factors; (3) design, implement, and evaluate the most effective fall prevention and medication management interventions; (4) tailor strategies to reduce falls to specific populations of older adults; (5) maximize the dissemination of proven, effective fall prevention interventions; (6) improve the diagnosis, treatment, and rehabilitation of elderly fall victims; and (7) assess the risks of falls occurring in various settings. Requires the Secretary to: (1) conduct research concerning barriers to the adoption of proven interventions, approaches to reduce falls among high-risk older adults living in long-term care facilities, and strategies in home modifications; (2) evaluate the effectiveness of community programs; (3) provide for a website to serve as an information clearinghouse; (4) oversee and support demonstration projects designed to reduce the risk of falls in frail older adults emphasizing projects that foster collaboration between health care providers and the aging services network or residential and institutional settings; and (5) report to Congress on the effects of falls on health care costs, the potential for reducing falls, and the most effective strategies for reducing associated health care costs.
SECTION 1. NONMAILABILITY OF CERTAIN TOBACCO PRODUCTS. (a) In General.--Chapter 30 of title 39, United States Code, is amended by inserting after section 3002a the following: ``Sec. 3002b. Nonmailability of certain tobacco products ``(a) In General.--Cigarettes, smokeless tobacco, and roll-your- own-tobacco-- ``(1) are nonmailable matter; ``(2) shall not be-- ``(A) deposited in the mails; or ``(B) carried or delivered through the mails; and ``(3) shall be disposed of as the Postal Service directs. ``(b) Civil Penalty.-- ``(1) In general.--Any person who violates subsection (a)(2)(A) shall be liable to the United States for a civil penalty in an amount not to exceed $100,000 for each violation. ``(2) Hearings.-- ``(A) In general.--The Postal Service may determine that a person has violated subsection (a)(2)(A) only after notice and an opportunity for a hearing. Proceedings under this paragraph shall be conducted in accordance with section 3001(m). ``(B) Penalty considerations.--In determining the amount of a civil penalty under this paragraph, the Postal Service shall consider-- ``(i) the nature, circumstances, extent, and gravity of the violation; ``(ii) with respect to the violator, the degree of culpability, ability to pay, and any history of prior violations; and ``(iii) such other matters as justice may require. ``(3) Civil actions to collect.--The Postal Service may bring a civil action in an appropriate district court of the United States, in accordance with section 409(g)(2), to collect a civil penalty under this section. ``(4) Disposition of amounts.--Amounts received in payment of any civil penalties under this subsection shall be deposited as miscellaneous receipts in the Treasury of the United States. ``(c) Orders.--Upon evidence satisfactory to the Postal Service that any person is, for commercial or money-making purposes, engaged in the sending of mail matter which is nonmailable under this section, the Postal Service may issue an order which-- ``(1) directs any postmaster, to whom any mailing originating with such person or his representative is tendered for transmission through the mails (other than a mailing that consists only of one or more sealed letters), to refuse to accept any such mailing, unless such person or his representative first establishes to the satisfaction of the postmaster that the mailing does not contain any matter which is nonmailable under this section; and ``(2) requires the person or his representative to cease and desist from mailing any mail matter which is nonmailable under this section. ``(d) Prima Facie Evidence of Purpose.--For the purposes of this section, the repeated mailing of matter which is nonmailable under this section by any person or the advertisement by any person that the person will mail cigarettes, smokeless tobacco, or roll-your-own tobacco in return for payment shall constitute prima facie evidence that such person is engaged, for commercial or money-making purposes, in the mailing of matter which is nonmailable under this section. ``(e) Coordination of Efforts.--In the enforcement of this section, the Postal Service shall cooperate and coordinate its efforts with related activities of any other Federal agency or of any State or local government, whenever appropriate. ``(f) Actions by States Relating to Certain Tobacco Products.-- ``(1) Authority of states.--Whenever the attorney general of a State (or an official or agency of a State or local government designated by the State) has reason to believe that any person has engaged or is engaging in mailings to residents of that State in violation of subsection (a)(2)(A), the State (or designee) may bring, in an appropriate district court of the United States, a civil action to enjoin such mailings, to carry out paragraphs (1) and (4) of subsection (b), or to obtain such other relief as the court may deem appropriate. ``(2) Rights of the postal service.--The State (or designee) shall serve prior written notice of any action under paragraph (1) upon the Postal Service and provide the Postal Service with a copy of its complaint, except in any case where such prior notice is not feasible, in which case the State (or designee) shall serve such notice immediately upon instituting such action. The Postal Service, in accordance with section 409(g)(2), shall have the right (A) to intervene in the action, (B) upon so intervening, to be heard on all matters arising therein, and (C) to file petitions for appeal. ``(3) Effect on state court proceedings.--Nothing contained in this section shall be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of such State. ``(4) Limitation.--Whenever the Postal Service institutes a civil action for violation of subsection (a)(2)(A), no State may, during the pendency of such action instituted by the Postal Service, subsequently institute a separate civil action for any violation of subsection (a)(2)(A) against any defendant named in the Postal Service's complaint. ``(g) Definitions.--For purposes of this section-- ``(1) the terms `cigarette' and `roll-your-own-tobacco' have the meanings given them by section 5702 of the Internal Revenue Code of 1986; ``(2) the term `smokeless tobacco' has the meaning given such term by section 2341 of title 18; and ``(3) the term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.''. (b) Administrative Subpoenas.--Section 3016(a) of title 39, United States Code, is amended in paragraphs (1)(A) and (2) by inserting ``3002b or'' before ``3005(a)''. (c) Enforcement of Postal Service Orders.--Section 3012 of title 39, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``section 3005(a)(1) or'' and inserting ``section 3002b(c)(1), 3005(a)(1), or''; and (B) in paragraph (2), by inserting ``3002b(c)(2) or'' before ``3005(a)(3)''; (2) in subsection (c), by inserting ``3002b(c) or'' before ``3005(a)'' each place it appears; and (3) in subsection (f), by inserting ``3002b(c) or'' before ``3005'' each place it appears. (d) Semiannual Reports.--Section 3013 of title 39, United States Code, is amended-- (1) in paragraph (1), by inserting ``3002b(b) or'' before ``3005''; and (2) in paragraph (3), by striking ``section 3007 of this title'' and inserting ``section 3002b(c) or section 3007, respectively,''. (e) Clerical Amendment.--The table of sections for chapter 30 of title 39, United States Code, is amended by inserting after the item relating to section 3002a the following: ``3002b. Nonmailability of certain tobacco products.''. (f) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the 60th day after the date of the enactment of this Act, and shall apply with respect to any mail matter mailed on or after such 60th day. (2) Semiannual reports.--The amendments made by subsection (d) shall apply beginning with the report submitted for the reporting period in which occurs the 60th day after the date of the enactment of this Act. SEC. 2. TECHNICAL CORRECTION. (a) In General.--Sections 3007(a)(1), 3012(b)(1), and 3018(f)(1) of title 39, United States Code, are amended by striking ``409(d)'' and inserting ``409(g)(2)''. (b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of the Postal Accountability and Enhancement Act (Public Law 109-435).	Amends federal postal law to make cigarettes, smokeless tobacco, and roll-your-own-tobacco nonmailable. Requires tobacco products attempted to be mailed to be disposed of as the Postal Service directs. Provides a civil penalty for each mailing violation. Authorizes the Postal Service, on evidence satisfactory to the Postal Service that any person is, for commercial or moneymaking purposes, engaged in the sending of such matter, to: (1) refuse to accept any mailing from that person or his representative unless the person or his representative establishes to the satisfaction of the postmaster that the mailing does not contain such matter; and (2) order the person to cease and desist from mailing such matter. Authorizes civil actions by states to: (1) enjoin mailings to residents of that state; (2) impose civil penalties; or (3) obtain other relief.
SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Tax Incentives Improvement Act of 2002''. SEC. 2. MODIFICATIONS TO ENTERPRISE ZONE BENEFITS AVAILABLE WITH RESPECT TO THE DISTRICT OF COLUMBIA. (a) Entire District of Columbia Treated as Empowerment Zone.-- (1) In general.--Subsection (a) of section 1400 of the Internal Revenue Code of 1986 (relating to establishment of DC Zone) is amended to read as follows: ``(a) Designation.--For purposes of this title-- ``(1) the District of Columbia-- ``(A) is hereby designated as the District of Columbia Enterprise Zone, and ``(B) shall be treated as an empowerment zone designated under subchapter U, and ``(2) the terms `District of Columbia Enterprise Zone' and `DC Zone' mean the District of Columbia.'' (2) Conforming amendments.-- (A) Section 1400 of such Code is amended by striking subsections (b) and (c) and by redesignating subsections (d), (e), and (f) as subsections (b), (c), and (d), respectively. (B) Subsection (b) of section 1400 of such Code, as redesignated by subparagraph (A), is amended to read as follows: ``(b) Special Rule for Application of Employment Credit.--In the case of the DC Zone, section 1396 (relating to empowerment zone employment credit) shall be applied by substituting `20' for `15' in the table contained in section 1396(b). The preceding sentence shall apply only with respect to qualified zone employees, as defined in section 1396(d), determined by treating no area other than the DC Zone as an empowerment zone or enterprise community.'' (C) Paragraph (2) of section 1400(d) of such Code, as redesignated by subparagraph (A), is amended by striking ``the census tracts referred to in subsection (b)(1) as an enterprise community'' and inserting ``the enterprise community in the District of Columbia''. (D) Section 1400B of such Code is amended by striking subsection (d) and by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively. (E) Paragraph (1) of section 1400B(c) of such Code is amended by striking ``section 1400(e)'' and inserting ``section 1400(c)''. (b) Capital Gains Exclusion Available for Assets Held More Than 2 Years.-- (1) In general.--Subsection (a) of section 1400B of such Code is amended by striking ``5 years'' and inserting ``2 years''. (2) Conforming amendment.--Paragraph (7) of section 1400B(b) of such Code is amended-- (A) by striking ``5-year'' in the heading and inserting ``2-year'', and (B) by striking ``5-year'' in the text and inserting ``2-year''. (c) Modifications to Definition of DC Zone Business.--Subsection (c) of section 1400B of such Code is amended to read as follows: ``(c) DC Zone Business.--For purposes of this section-- ``(1) In general.--The term `DC Zone business' means any entity which is an enterprise zone business (as defined in section 1397B), determined-- ``(A) after the application of section 1400(c), ``(B) without regard to subsections (b)(1) and (d)(2)(B) of section 1397B, and ``(C) by treating no area other than the District of Columbia as an empowerment zone or enterprise community. ``(2) Special rule for businesses holding intangibles.-- Paragraph (4) of section 1397B(d) shall not apply in determining whether a business is a DC Zone business if-- ``(A) at least 30 percent of the employees of such business are residents of the District of Columbia, and ``(B) at least 50 percent of the wages (as defined by section 3401(a)) paid by such business are paid to residents of the District of Columbia.'' (d) Effective Date.--The amendments made by this section shall take effect as if included in the amendments made by section 701 of the Taxpayer Relief Act of 1997. SEC. 3. EXTENSION OF ENTERPRISE ZONE TREATMENT. (a) Effective Period of Designation.--Subsection (f) of section 1400 of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2003'' each place it appears and inserting ``December 31, 2009''. (b) Economic Development Bonds.--Subsection (b) of section 1400A of such Code is amended by striking ``December 31, 2003'' and inserting ``December 31, 2009''. (c) Zero Percent Capital Gains Rate.-- (1) Paragraphs (2)(A)(i), (3)(A), (4)(A)(i), and (4)(B)(i)(I) of section 1400B(b) of such Code are each amended by striking ``January 1, 2004'' and inserting ``January 1, 2010''. (2) Subsections (e)(2) and (g) of section 1400B of such Code are each amended by striking ``2008'' each place it appears and inserting ``2014''. SEC. 4. FIRST-TIME HOMEBUYER CREDIT FOR DISTRICT OF COLUMBIA MADE PERMANENT; OTHER MODIFICATIONS. (a) Credit Made Permanent.--Subsection (i) of section 1400C of the Internal Revenue Code of 1986 (relating to first-time homebuyer credit for District of Columbia) is amended by striking ``, and before January 1, 2004''. (b) Treatment of Purchases In Connection With Divorce.-- (1) In general.--Subsection (c) of section 1400C of such Code is amended by adding at the end the following new paragraph: ``(4) Purchases in connection with divorce.-- Notwithstanding paragraphs (1) and (2), an individual shall be treated as a first-time homebuyer with respect to the purchase of any residence if-- ``(A) the sale of the residence is pursuant to a divorce or separation instrument (as defined in section 71(b)(2)) relating to such individual and such individual's spouse or former spouse, and ``(B) such residence was the principal residence of such individual at the time of such sale or for any period ending not more than a reasonable period before such sale. The Secretary shall prescribe such regulations as may be necessary to prevent the abuse of the purposes of this paragraph.'' (2) Effective date.--The amendment made by paragraph (1) shall apply to purchases after the date of the enactment of this Act. (c) Credit Allowed Against Regular Tax and Alternative Minimum Tax.-- (1) In general.--Subsection (d) of section 1400C of such Code is amended to read as follows: ``(d) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for the taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under subpart A of part IV of subchapter A and section 27 for the taxable year. ``(2) Carryover of credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.'' (2) Conforming amendment.--Section 1400C of such Code is amended by striking subsection (g) and by redesignating subsections (h) and (i) as subsections (g) and (h), respectively. (3) Effective date.--The amendment made by paragraph (1) shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 5. EXPANSION OF TAX-EXEMPT ECONOMIC DEVELOPMENT BONDS. (a) In General.--Section 1400A of the Internal Revenue Code of 1986, as amended by section 3, is amended to read as follows: ``SEC. 1400A. TAX-EXEMPT ECONOMIC DEVELOPMENT BONDS. ``(a) In General.--In the case of the District of Columbia Enterprise Zone-- ``(1) section 1394(c)(1)(A) (relating to limitation on amount of bonds) shall not apply, ``(2) section 1394(b)(3)(A) shall be applied without regard to section 1397C(d)(4) (relating to treatment of businesses holding intangibles), and ``(3) section 1394(b)(3)(B)(iii) shall be applied without regard to the employee residency requirement. ``(b) Exemption From Volume Cap.--Bonds which are exempt facility bonds by reason of this section shall be treated as not being private activity bonds for purposes of section 146. ``(c) Period of Applicability.--This section shall apply to bonds issued during the period beginning on January 1, 1998, and ending on December 31, 2009.'' (b) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. SEC. 6. BONDS OF DISTRICT OF COLUMBIA EXEMPT FROM STATE AND LOCAL TAXES. (a) In General.--Section 485 of the District of Columbia Home Rule Act is amended to read as follows: ``Sec. 485. Bonds and notes issued by the Council pursuant to this title and the interest thereon shall be exempt from all taxation (except estate, inheritance, and gift taxes) by the United States, any State or political subdivision thereof, the District, or any possession of the United States.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2001.	District of Columbia Tax Incentives Improvement Act of 2002 - Amends the Internal Revenue Code to designate the entire District of Columbia as an enterprise zone which shall be treated as an empowerment zone.Excludes from gross income capital gains on sale or exchange of District assets held for more than two years (presently the figure is five years). Defines what constitutes a District business. Nullifies the exclusion of any trade or business from counting as a District business for reason of consisting predominantly of dealing in intangibles if: (1) at least 30 percent of the employees of such a business are District residents; and (2) at least 50 percent of the wages are paid to District residents.Extends time line for which provisions of enterprise zone treatment will last. Makes permanent provisions of law pertaining to the first-time homebuyer credit (currently, they last through December 31, 2003). Extends classification of "first-time homebuyer" to certain individuals buying residences due to divorce or separation, and directs the Secretary of Treasury to prescribe regulations to prevent abuses of such provision.Removes the limitation on the amount of tax-exempt enterprise zone facility bonds that can be issued.Exempts certain bonds and notes issued by the District Council and the interest thereon from all taxation (except for estate, inheritance, and gift taxes) by the United States, any State or political subdivision thereof, the District, or any possession of the United States.
SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Fair and Equal House Voting Rights Act of 2007''. SEC. 2. FINDINGS. Congress finds as follows: (1) Over half a million people living in the District of Columbia, the capital of our democratic Nation, lack direct voting representation in the United States Senate and House of Representatives. (2) District of Columbia residents have fought and died to defend our democracy in every war since the War of Independence. (3) District of Columbia residents pay billions of dollars in Federal taxes each year. (4) Our Nation is founded on the principles of ``one person, one vote'' and ``government by the consent of the governed''. SEC. 3. TREATMENT OF DISTRICT OF COLUMBIA AS CONGRESSIONAL DISTRICT. (a) In General.--Notwithstanding any other provision of law, the District of Columbia shall be considered a Congressional district for purposes of representation in the House of Representatives. (b) Conforming Amendments Relating to Apportionment of Members of House of Representatives.-- (1) Inclusion of single district of columbia member in reapportionment of members among states.--Section 22 of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 28, 1929 (2 U.S.C. 2a), is amended by adding at the end the following new subsection: ``(d) This section shall apply with respect to the District of Columbia in the same manner as this section applies to a State, except that the District of Columbia may not receive more than one Member under any reapportionment of Members.''. (2) Clarification of determination of number of presidential electors on basis of 23rd amendment.--Section 3 of title 3, United States Code, is amended by striking ``come into office;'' and inserting the following: ``come into office (subject to the twenty-third article of amendment to the Constitution of the United States in the case of the District of Columbia);''. SEC. 4. INCREASE IN MEMBERSHIP OF HOUSE OF REPRESENTATIVES. (a) Permanent Increase in Number of Members.--Effective with respect to the One Hundred Tenth Congress and each succeeding Congress, the House of Representatives shall be composed of 437 Members, including any Members representing the District of Columbia pursuant to section 3(a). (b) Reapportionment of Members Resulting From Increase.-- (1) In general.--Section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 28, 1929 (2 U.S.C. 2a(a)), is amended by striking ``the then existing number of Representatives'' and inserting ``the number of Representatives established with respect to the One Hundred Tenth Congress''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to the regular decennial census conducted for 2010 and each subsequent regular decennial census. (c) Transmittal of Revised Apportionment Information by President.-- (1) Statement of apportionment by president.--Not later than 30 days after the date of the enactment of this Act, the President shall transmit to Congress a revised version of the most recent statement of apportionment submitted under section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 28, 1929 (2 U.S.C. 2a(a)), to take into account this Act and the amendments made by this Act. (2) Report by clerk.--Not later than 15 calendar days after receiving the revised version of the statement of apportionment under paragraph (1), the Clerk of the House of Representatives, in accordance with section 22(b) of such Act (2 U.S.C. 2a(b)), shall send to the executive of each State a certificate of the number of Representatives to which such State is entitled under section 22 of such Act, and shall submit a report to the Speaker of the House of Representatives identifying the State (other than the District of Columbia) which is entitled to one additional Representative pursuant to this section. SEC. 5. NONSEVERABILITY OF PROVISIONS. If any provision of this Act or any amendment made by this Act is declared or held invalid or unenforceable, the remaining provisions of this Act or any amendment made by this Act shall be treated and deemed invalid and shall have no force or effect of law. SEC. 6. EFFECTIVE DATE; TIMING OF ELECTIONS. (a) In General.--The general election for the additional Representative to which the State identified by the Clerk of the House of Representatives in the report submitted under section 4(c) is entitled for the One Hundred Tenth Congress and the general election for the Representative from the District of Columbia for the One Hundred Tenth Congress shall be subject to the following requirements: (1) Neither election may occur unless the Governor of that State has signed into law a redistricting plan on December 5, 2006, which-- (A) revises the boundaries of the Congressional districts in the State to take into account the additional Representative to which the State is entitled under section 4(c)(2); and (B) remains in effect until the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2010. (2) The additional Representative from that State and the other Representatives from that State will be elected pursuant to the redistricting plan enacted by the State in accordance with paragraph (1). (3) The additional Representative from that State, the other Representatives from that State, and the Representative from the District of Columbia shall be sworn in and seated as Members of the House of Representatives on the same date. (b) Rule of Construction.--Nothing in subsection (a)(3) shall be construed to affect the status of any individual who is eligible to be sworn in and seated as a Member of the House of Representatives on the first day of the One Hundred Tenth Congress on the basis of winning the November 2006 general election for that office.	District of Columbia Fair and Equal House Voting Rights Act of 2007 - Considers the District of Columbia a congressional district for purposes of representation in the House of Representatives. Applies to the District in the same manner as it applies to a state the federal law providing for the fifteenth and subsequent decennial censuses and for apportionment of Representatives in Congress. Limits the District to one Member under any reapportionment of Members. Modifies the formula regarding the number of presidential electors to subject it to the Twenty-Third amendment to the Constitution in the case of the District. Increases membership of the House from 435 to 437 Members. Provides for a reapportionment of Members resulting from such increase. Requires the: (1) President to submit to Congress a revised version of the most recent statement of such apportionment; and (2) Clerk of the House, upon receipt of such revision, to send to the executive of each state a certificate of the number of Representatives to which such state is entitled and to identify to the Speaker of the House the state (other than the District) which is entitled to one additional Representative. Subjects the general elections for such additional Representatives to specified requirements.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Virginia Jobs and Energy Act''. SEC. 2. LEASE SALE 220 AND OTHER OCS OIL AND GAS LEASE SALES OFFSHORE VIRGINIA. (a) Conduct of Lease Sale.--Notwithstanding any 5-year oil and gas leasing program in effect under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344), the Secretary of the Interior shall conduct lease sale 220 (as defined in the Draft Proposed Outer Continental Shelf (OCS) Oil and Gas Leasing Program for 2010-2015 as published in the Federal Register on January 21, 2009 (74 Fed. Reg. 3631)) under section 8 of such Act (43 U.S.C. 1337) as soon as practicable, but not later than 1 year after the date of enactment of this Act. (b) Inclusion in Future Leasing Programs.--The Secretary of the Interior shall-- (1) conduct at least 2 lease sales in the Virginia lease sale planning area during the effective period of the 2017-2022 OCS Oil and Gas Leasing Program; and (2) include at least 2 lease sales in the Virginia lease sale planning area in each 5-year oil and gas leasing program proposed after the date of the enactment of this Act. (c) NEPA Exclusion.--Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with respect to any lease sale conducted under subsection (a) or subsection (b)(1). SEC. 3. PROTECTION OF MILITARY OPERATIONS. (a) Prohibition.--No person may engage in any exploration, development, or production of oil or natural gas off the coast of Virginia that would conflict with any military operation, as determined in accordance with the Memorandum of Agreement between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf signed July 20, 1983, and any revision or replacement for that agreement that is agreed to by the Secretary of Defense and the Secretary of the Interior after that date but before the date of issuance of the lease under which such exploration, development, or production is conducted. (b) Review and Updating of MOA.--The Secretary of the Interior and the Secretary of Defense shall periodically review and revise such memorandum of agreement to account for new offshore energy production technologies, including those that use wind energy. SEC. 4. DISPOSITION OF REVENUE. (a) Payment of Covered Leasing Revenues to States.--Notwithstanding section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338), of the amount of covered leasing revenues received by the United States each fiscal year under any lease in the Virginia lease sale planning area, 37.5 percent shall be allocated and paid in accordance with subsection (b) to States that are affected States with respect to the leases under which those revenues are received by the United States. (b) Allocation of Payments.-- (1) In general.--The amount of covered leasing revenues received by the United States with respect to a leased tract that are required to be paid to States in accordance with this subsection each fiscal year shall be allocated among and paid to affected States that are within 200 miles of the leased tract, in amounts that are inversely proportional to the respective distances between the point on the coastline of each such affected State that is closest to the geographic center of the lease tract, as determined by the Secretary. (2) Minimum and maximum allocation.--The amount allocated to a State under paragraph (1) each fiscal year with respect to a leased tract shall be-- (A) in the case of a State that is the nearest State to the geographic center of the leased tract, not less than 25 percent of the total amounts allocated with respect to the leased tract; and (B) in the case of any other State, not less than 10 percent, and not more than 15 percent, of the total amounts allocated with respect to the leased tract. (3) Administration.--Amounts allocated to a State under this subsection-- (A) shall be available to the State without further appropriation; (B) shall remain available until expended; and (C) shall be in addition to any other amounts available to the State under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). (4) Use of funds.-- (A) In general.--Except as provided in subparagraph (B), a State may use funds allocated and paid to it under this subsection for any purpose as determined by the laws of that State. (B) Restriction on use for matching.--Funds allocated and paid to a State under this subsection may not be used as matching funds for any other Federal program. (c) Definitions.--In this section: (1) Affected state.--The term ``affected State'' has the meaning that term has under section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331). (2) Covered leasing revenues.--The term ``covered leasing revenues'' means amounts received by the United States as bonuses, rents, and royalties under leases for oil and gas, wind, tidal, or other energy exploration, development, and production under any lease in the Virginia lease sale planning area. SEC. 5. OFFSHORE METEOROLOGICAL SITE TESTING AND MONITORING PROJECTS. (a) Offshore Meteorological Project Permitting.-- (1) In general.--The Secretary of the Interior shall by regulation require that any applicant seeking to conduct an offshore meteorological site testing and monitoring project on the outer Continental Shelf (as that term is defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)) must obtain a permit and right of way for the project in accordance with this subsection. (2) Permit and right-of-way timeline and conditions.-- (A) Deadline for approval.--The Secretary shall decide whether to issue a permit and right of way for an offshore meteorological site testing and monitoring project within 30 days after receiving an application. (B) Public comment and consultation.--During the period referred to in subparagraph (A), the Secretary shall-- (i) provide an opportunity for submission of comments by the public; and (ii) consult with the Secretary of Defense, the Commandant of the Coast Guard, and the heads of other Federal, State, and local agencies that would be affected by issuance of the permit and right of way. (C) Denial of permit; opportunity to remedy deficiencies.--If the application is denied, the Secretary shall provide the applicant-- (i) in writing, clear and comprehensive reasons why the application was not approved and detailed information concerning any deficiencies in the application; and (ii) an opportunity to remedy such deficiencies. (b) NEPA Exclusion.--Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with respect to an offshore meteorological site testing and monitoring project. (c) Protection of Information.--The information provided to the Secretary of the Interior pursuant to subsection (d)(3) shall be treated by the Secretary as proprietary information and protected against disclosure. (d) Definition of an Offshore Meteorological Site Testing and Monitoring Project.--In this section, the term ``offshore meteorological site testing and monitoring project'' means a project carried out on or in the waters of the Outer Continental Shelf administered by the Department of the Interior to test or monitor weather (including wind, tidal, current, and solar energy) using towers, buoys, or other temporary ocean infrastructure, that-- (1) causes-- (A) less than 1 acre of surface or seafloor disruption at the location of each meteorological tower or other device; and (B) not more than 5 acres of surface or seafloor disruption within the proposed area affected by the project (including hazards to navigation); (2) is decommissioned not more than 5 years after the date of commencement of the project, including-- (A) removal of towers, buoys, or other temporary ocean infrastructure from the project site; and (B) restoration of the project site to approximately the original condition of the site; and (3) provides meteorological information obtained by the project to the Secretary of the Interior. SEC. 6. DEFINITION OF VIRGINIA LEASE SALE PLANNING AREA. In this Act, the term ``Virginia lease sale planning area'' means the area of the outer Continental Shelf (as that term is defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)) that has-- (1) a boundary consisting of a straight line extending from the northernmost point of Virginia's seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 37 degrees 17 minutes 1 second North latitude, 71 degrees 5 minutes 16 seconds West longitude; and (2) a southern boundary consisting of a straight line extending from the southernmost point of Virginia's seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 36 degrees 31 minutes 58 seconds North latitude, 71 degrees 30 minutes 1 second West longitude. SEC. 7. CLARIFICATIONS WITH RESPECT TO EXISTING EXECUTIVE AUTHORITIES. Subsection (a) of section 12 of the Outer Continental Shelf Lands Act (43 U.S.C. 1341) is amended to read as follows: ``(a) Executive Authorities With Respect to Unleased Lands.--The President may make, modify, extend, or revoke withdrawals from disposition of any of the unleased lands of the outer Continental Shelf.''.	Virginia Jobs and Energy Act This bill directs the Department of the Interior to conduct an oil and gas lease sale off the coast of Virginia within one year, and conduct at least two lease sales in the area during the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Program. During each of Interior's five-year leasing programs, two lease sales must be conducted off the coast of Virginia. The bill prohibits oil or natural gas exploration, development, or production off the Virginia coast that would conflict with a military operation. The bill allocates 37.5% of new leasing revenues received each fiscal year by the federal government for payment to states affected with respect to the leases that generate these revenues.Additionally, the bill sets forth the minimum and maximum revenues that an affected state may receive. Interior must require any applicant seeking to conduct an offshore meteorological site testing and monitoring project to obtain a permit and right-of-way.(An offshore meteorological site testing and monitoring project is carried out on or in the waters of the outer Continental Shelf to test or monitor weather using towers, buoys, or other temporary ocean infrastructure).These projects shall be exempt from environmental impact statement requirements under the National Environmental Policy Act of 1969.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Thomas Alva Edison Sesquicentennial Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress hereby finds the following: (1) Thomas Alva Edison, one of America's greatest inventors, was born on February 11, 1847, in Milan, Ohio. (2) Thomas A. Edison's inexhaustible energy and genius produced more than 1,300 inventions in his lifetime, including the incandescent light bulb and the phonograph. (3) In 1928, Thomas A. Edison received the Congressional gold medal ``for development and application of inventions that have revolutionized civilization in the last century''. (4) 1997 will mark the sesquicentennial of Thomas A. Edison's birth. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--In commemoration of the sesquicentennial of the birth of Thomas A. Edison, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 750,000 1 dollar coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 5. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the many inventions made by Thomas A. Edison throughout his prolific life. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the years 1847-1997''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (3) Obverse of coin.--The obverse of each coin minted under this Act shall bear the likeness of Thomas A. Edison. (b) Design Competition.--Before the end of the 3-month period beginning on the date of the enactment of this Act, the Secretary shall conduct an open design competition for the design of the obverse and the reverse of the coins minted under this Act. (c) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 6. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 1997. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 1997. SEC. 7. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of $10 per coin. SEC. 8. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 9. DISTRIBUTION OF SURCHARGES. (a) In General.--The first $7,000,000 of the surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary as follows: (1) \1/7\ to the Edison Birthplace Association, Incorporated, in Milan, Ohio, to assist in such association's efforts to raise an endowment as a permanent source of support for the repair and maintenance of the Thomas A. Edison birthplace, a national historic landmark. (2) \1/7\ to the Museum of Arts and History, in the city of Port Huron, Michigan for the endowment and construction of a special museum on Thomas A. Edison's life in Port Huron. (3) \1/7\ to the National Park Service for use in protecting, restoring, and cataloguing historic documents and objects at Thomas A. Edison's ``invention factory'' in West Orange, New Jersey. (4) \1/7\ to the Edison Plaza Museum in Beaumont, Texas, for expanding educational programs on Thomas A. Edison and for the repair and maintenance of the museum. (5) \1/7\ to the Edison Winter Home and Museum in Fort Myers, Florida, for historic preservation, restoration, and maintenance of Thomas A. Edison's historic home and chemical laboratory. (6) \1/7\ to the Edison Memorial Tower in Edison, New Jersey, for the preservation, restoration, and expansion of the tower and museum. (7) \1/7\ to Greenfield Village in Dearborn, Michigan, for use in maintaining and expanding displays and educational programs associated with Thomas A. Edison. (b) Excess Payable to the National Numismatic Collection.--After payment of the amount required under subsection (a), the Secretary shall pay the remaining surcharges to the National Museum of American History, Washington, D.C., for the support of the National Numismatic Collection at the museum. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of any organization which receives any payment from the Secretary under this section, as may be related to the expenditures of amounts paid under this subsection. SEC. 10. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.	Thomas Alva Edison Sesquicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint one-dollar silver coins emblematic of the inventions made by Thomas A. Edison in commemoration of the sesquicentennial of his birth. Instructs the Secretary to conduct an open design competition for the design of the obverse and reverse of the coins. Terminates the authority to mint such coins after December 31, 1997. Mandates that certain surcharges received from coin sales be distributed to specified entities.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Breast Cancer and Environmental Research Act of 2008''. SEC. 2. EXPANDING COLLABORATIVE RESEARCH ON BREAST CANCER AND THE ENVIRONMENT. (a) In General.--Subpart 1 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following: ``SEC. 417F. INTERAGENCY BREAST CANCER AND ENVIRONMENTAL RESEARCH COORDINATING COMMITTEE. ``(a) Interagency Breast Cancer and Environmental Research Coordinating Committee.-- ``(1) Establishment.--Not later than 6 months after the date of the enactment of this section, the Secretary shall establish a committee, to be known as the Interagency Breast Cancer and Environmental Research Coordinating Committee (in this section referred to as the `Committee'). ``(2) Duties.--The Committee shall-- ``(A) share and coordinate information on existing research activities, and make recommendations to the National Institutes of Health and other Federal agencies regarding how to improve existing research programs, that are related to breast cancer research; ``(B) develop a comprehensive strategy and advise the National Institutes of Health and other Federal agencies in the solicitation of proposals for collaborative, multidisciplinary research, including proposals to evaluate environmental and genomic factors that may be related to the etiology of breast cancer that would-- ``(i) result in innovative approaches to study emerging scientific opportunities or eliminate knowledge gaps in research to improve the research portfolio; ``(ii) outline key research questions, methodologies, and knowledge gaps; ``(iii) expand the number of research proposals that involve collaboration between 2 or more national research institutes or national centers, including proposals for Common Fund research described in section 402(b)(7) to improve the research portfolio; and ``(iv) expand the number of collaborative, multidisciplinary, and multi-institutional research grants; ``(C) develop a summary of advances in breast cancer research supported or conducted by Federal agencies relevant to the diagnosis, prevention, and treatment of cancer and other diseases and disorders; and ``(D) not later than 2 years after the date of the establishment of the Committee, make recommendations to the Secretary-- ``(i) regarding any appropriate changes to research activities, including recommendations to improve the research portfolio of the National Institutes of Health to ensure that scientifically-based strategic planning is implemented in support of research priorities that impact breast cancer research activities; ``(ii) to ensure that the activities of the National Institutes of Health and other Federal agencies, including the Department of Defense, are free of unnecessary duplication of effort; ``(iii) regarding public participation in decisions relating to breast cancer research to increase the involvement of patient advocacy and community organizations representing a broad geographical area; ``(iv) on how best to disseminate information on breast cancer research progress; and ``(v) on how to expand partnerships between public entities, including Federal agencies, and private entities to expand collaborative, cross-cutting research. ``(3) Rule of construction.--For the purposes of the Committee, when focusing on research to evaluate environmental and genomic factors that may be related to the etiology of breast cancer, nothing in this section shall be construed to restrict the Secretary from including other forms of cancer, as appropriate, when doing so may advance research in breast cancer or advance research in other forms of cancer. ``(4) Membership.-- ``(A) In general.--The Committee shall be composed of the following voting members: ``(i) Not more than 7 voting Federal representatives as follows: ``(I) The Director of the Centers for Disease Control and Prevention. ``(II) The Director of the National Institutes of Health and the directors of such national research institutes and national centers (which may include the National Institute of Environmental Health Sciences) as the Secretary determines appropriate. ``(III) One representative from the National Cancer Institute Board of Scientific Advisors, appointed by the Director of the National Cancer Institute. ``(IV) The heads of such other agencies of the Department of Health and Human Services as the Secretary determines appropriate. ``(V) Representatives of other Federal agencies that conduct or support cancer research, including the Department of Defense. ``(ii) 12 additional voting members appointed under subparagraph (B). ``(B) Additional members.--The Committee shall include additional voting members appointed by the Secretary as follows: ``(i) 6 members shall be appointed from among scientists, physicians, and other health professionals, who-- ``(I) are not officers or employees of the United States; ``(II) represent multiple disciplines, including clinical, basic, and public health sciences; ``(III) represent different geographical regions of the United States; ``(IV) are from practice settings, academia, or other research settings; and ``(V) are experienced in scientific peer review process. ``(ii) 6 members shall be appointed from members of the general public, who represent individuals with breast cancer. ``(C) Nonvoting members.--The Committee shall include such nonvoting members as the Secretary determines to be appropriate. ``(5) Chairperson.--The voting members of the Committee shall select a chairperson from among such members. The selection of a chairperson shall be subject to the approval of the Director of NIH. ``(6) Meetings.--The Committee shall meet at the call of the chairperson of the Committee or upon the request of the Director of NIH, but in no case less often than once each year. ``(b) Review.--The Secretary shall review the necessity of the Committee in calendar year 2011 and, thereafter, at least once every 2 years.''. (b) Authorization of Appropriations.--For the purpose of carrying out research activities under title IV of the Public Health Service Act, including section 417F of such Act as added by subsection (a), there are authorized to be appropriated $40,000,000 for each of fiscal years 2009 through 2012. Amounts authorized to be appropriated under the preceding sentence shall be in addition to amounts otherwise authorized to be appropriated for such purpose under section 402A of the Public Health Service Act (42 U.S.C. 282a). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.	Breast Cancer and Environmental Research Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish the Interagency Breast Cancer and Environmental Research Coordinating Committee to: (1) share and coordinate information on existing breast cancer research activities and make recommendations for improvement of research programs; (2) develop a comprehensive strategy and advise the National Institutes of Health (NIH) and other federal agencies in the solicitation of proposals for collaborative, multidisciplinary research, including proposals to evaluate environmental and genomic factors that may be related to the etiology of breast cancer; (3) develop a summary of advances in federal breast cancer research relevant to the diagnosis, prevention, and treatment of cancer and other diseases and disorders; and (4) make recommendations to the Secretary regarding changes to research activities, avoiding unnecessary duplication of effort among federal agencies, public participation in decisions relating to breast cancer research, how best to disseminate information on breast cancer research progress, and how to expand partnerships between public and private entities to expand collaborative, crosscutting research. Authorizes appropriations for FY2009-FY2012.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Infant Crib Safety Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The disability and death of infants resulting from injuries sustained in crib incidents are a serious threat to the public health, welfare, and safety of people of this country. (2) The design and construction of a baby crib must ensure that it is safe to leave an infant unattended for extended periods of time. A parent or caregiver has a right to believe that the crib in use is a safe place to leave an infant. (3) Each year about 12,000 children ages 2 and under are injured in cribs seriously enough to require hospital treatment. (4) Each year at least 30 children age 4 and under die from injuries sustained in cribs. (5) The United States Consumer Product Safety Commission estimates that the cost to society resulting from deaths due to cribs is at least $150,000,000 per year. (6) Secondhand, hand-me-down, and heirloom cribs pose a special problem. There are nearly 4 million infants born in this country each year, but only an estimated one million to two million new cribs sold. Many infants are placed in secondhand, hand-me-down, or heirloom cribs. (7) Most crib deaths occur in secondhand, hand-me-down, or heirloom cribs. (8) Existing State and Federal legislation is inadequate to deal with the hazard presented by secondhand, hand-me-down, or heirloom cribs. (9) Prohibiting the contracting to sell, resell, lease, sublease of unsafe cribs that are not new, or otherwise place in the stream of commerce unsafe secondhand, hand-me-down, or heirloom cribs, will prevent injuries and deaths caused by cribs. (b) Purpose.--The purpose of this Act is to prevent the occurrence of injuries and deaths to infants as a result of unsafe cribs by making it illegal-- (1) to manufacture, sell, or contract to sell any crib that is unsafe for any infant using it; or (2) to resell, lease, sublet, or otherwise place in the stream of commerce, after the effective date of this Act, any unsafe crib, particularly any unsafe secondhand, hand-me-down, or heirloom crib. SEC. 3. DEFINITIONS. As used in this Act, the following definitions apply: (1) Commercial user.-- (A) The term ``commercial user'' means-- (i) any person who manufactures, sells, or contracts to sell full-size cribs or nonfull- size cribs; or (ii) any person who-- (I) deals in full-size or nonfull- size cribs that are not new or who otherwise by one's occupation holds oneself out as having knowledge or skill peculiar to full-size cribs or nonfull-size cribs, including child care facilities and family child care homes; or (II) is in the business of contracting to sell or resell, lease, sublet, or otherwise placing in the stream of commerce full-size cribs or nonfull-size cribs that are not new. (B) The term ``commercial user'' does not mean an individual who sells a used crib at a one-time private sale. (2) Crib.--The term ``crib'' means a full-size crib or nonfull-size crib. (3) Full-size crib.--The term ``full-size crib'' means a full-size baby crib as defined in section 1508.1 of title 16 of the Code of Federal Regulations. (4) Infant.--The term ``infant'' means any person less than 35 inches tall or less than 2 years of age. (5) Nonfull-size crib.--The term ``nonfull-size crib'' means a nonfull-size baby crib as defined in section 1509.2(b) of title 16 of the Code of Federal Regulations (including a portable crib and a crib-pen described in paragraph (2) of subsection (b) of that section). SEC. 4. REQUIREMENTS FOR CRIBS. The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) is amended by adding at the end the following new section: ``SEC. 25. REQUIREMENTS FOR CRIBS. ``(a) Manufacture and Sale of Cribs.--It shall be unlawful for any commercial user-- ``(1) to manufacture, sell, or contract to sell, any full- size crib or nonfull-size crib that is unsafe for any infant using it; or ``(2) to sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce, any full-size or nonfull-size crib that is not new and that is unsafe for any infant using the crib. ``(b) Provision of Cribs by Lodging Facilities.--It shall be unlawful for any hotel, motel, or similar transient lodging facility to offer or provide for use or otherwise place in the stream of commerce, on or after the effective date of this Act, any full-size crib or nonfull-size crib that is unsafe for any infant using it. ``(c) Adherence to Crib Safety Standards.--A full-size crib, nonfull-size crib, portable crib, playpen, or play yard, shall be presumed to be unsafe under this Act if it does not conform to the standards applicable to the product as listed below: ``(1) Part 1508 (commencing with section 1508.1) of title 16 of the Code of Federal Regulations. (Requirements for full- size baby cribs). ``(2) Part 1509 (commencing with section 1509.1) of title 16 of the Code of Federal Regulations. (Requirements for nonfull-size baby cribs). ``(3) American Society for Testing Materials F406 Consumer Safety Specification for Play Yards. ``(4) American Society for Testing Materials F1169 Consumer Safety Specification for Full-Size Cribs. ``(5) American Society for Testing Materials F1822 Consumer Safety Specification for Non-Full-Size Cribs. ``(6) American Society for Testing and Materials F966 Consumer Safety Specification for Full-Size and Non-Full Size Baby Crib Corner Post Extensions. ``(7) Part 1303 (commencing with section 1303.1) of title 16 of the Code of Federal Regulations. ``(8) Any amendments to the above regulations or standards or any other regulations or standards that are adopted in order to amend or supplement the regulations or standards described in paragraphs (1) through (6) ``(d) Designation as Hazardous Substance.--A full-size or nonfull- size crib that is not in compliance with the requirements of this section shall be considered to be a banned hazardous substance under section 1261(q) of this title. ``(e) Exception.--These requirements shall not apply to a full-size crib or nonfull-size crib that is not intended for use by an infant, including a toy or display item, if at the time it is manufactured, made subject to a contract to sell or resell, leased, subletted, or otherwise placed in the stream of commerce, as applicable, it is accompanied by a notice to be furnished by each commercial user declaring that the crib is not intended to be used for an infant and is dangerous to use for an infant.''. SEC. 5. EFFECTIVE DATE. This Act shall be effective 90 days after the date of its enactment.	Infant Crib Safety Act - Amends the Federal Hazardous Substances Act to make it unlawful for any commercial user to: (1) manufacture, sell, or contract to sell any full-size or nonfull-size crib which is unsafe for any infant; or (2) sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce any such crib which is not new and is unsafe for any infant. Makes it unlawful for any lodging facility to offer or provide an unsafe crib. Presumes a crib to be unsafe which does not conform to the Code of Federal Regulations and the American Society for Testing Materials Voluntary Standards, unless labeled as dangerous for an infant and not intended to be used for one.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Climate Change Education Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The evidence for human-induced climate change is overwhelming and undeniable. (2) Atmospheric carbon can be significantly reduced through conservation, by shifting to renewable energy sources such as solar, wind, tidal, and geothermal, and by increasing the efficiency of buildings, including domiciles, and transportation. (3) Providing clear information about climate change, in a variety of forms, can remove the fear and the sense of helplessness, and encourage individuals and communities to take action. (4) Implementation of measures that promote energy efficiency, conservation, and renewable energy will greatly reduce human impact on the environment. (5) Informing people of new technologies and programs as they become available will ensure maximum understanding and maximum effect of those measures. (6) More than 3,000,000 students graduate from high schools and colleges each year, armed with attitudes, skills, and knowledge about the climate that inform their actions. (7) The effect on the climate, positive or negative, of each of those 3,000,000 students lasts beyond a lifetime. (8) Those students need to be prepared to implement changes in professional and personal practices, to support and help develop new technology and policy, and to address the coming social and economic challenges and opportunities arising from a changing climate. (9) It has been demonstrated that the people of the United States overwhelmingly support teaching students about the causes, consequences, and potential solutions to climate change in all 50 States and more than 3,000 counties across the United States. (10) Only 30 percent of middle school and 45 percent of high school science teachers understand the extent of the scientific consensus on climate change. SEC. 3. DEFINITIONS. In this Act: (1) Climate change education.--The term ``climate change education'' means informal and formal interdisciplinary learning at all age levels about-- (A) climate change, climate adaptation and mitigation, and climate resilience; and (B) the effects of climate change, climate adaptation and mitigation, and climate resilience on the environmental, energy, social, and economic systems of the United States. (2) Green collar job.--The term ``green collar job'' means a job-- (A) in a business that produces goods or provides services that benefit the environment or conserve natural resources; or (B) in which the duties of the worker involve making the production processes of the employer more environmentally friendly or use fewer natural resources. (3) Green economy.--The term ``green economy'' means an economy that results in improved human well-being and social equity by significantly reducing environmental risks and ecological scarcities. (4) 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). (5) Local educational agency; state educational agency.-- The terms ``local educational agency'' and ``State educational agency'' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6) Nonprofit organization.--The term ``nonprofit organization'' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code. SEC. 4. CLIMATE CHANGE EDUCATION PROGRAM. The Administrator of the National Oceanic and Atmospheric Administration shall establish a Climate Change Education Program to-- (1) increase the climate literacy of the United States by broadening the understanding of climate change, including possible long-term and short-term consequences and potential solutions; (2) apply the latest scientific and technological discoveries, including through the use of the scientific assets of the Administration, to provide formal and informal learning opportunities to individuals of all ages, including individuals of diverse cultural and linguistic backgrounds; and (3) emphasize actionable information to help people understand and promote implementation of new technologies, programs, and incentives related to climate change, climate adaptation and mitigation, and climate resilience. SEC. 5. GRANT PROGRAM. (a) In General.--As part of the Climate Change Education Program established under section 4, the Administrator of the National Oceanic and Atmospheric Administration shall establish a program to make grants-- (1) to States to encourage and support plans and programs for kindergarten through grade 12 formal and informal climate change education-- (A) to ensure that students graduate from high school with high climate literacy, including-- (i) relevant teacher training and professional development; (ii) science, technology, engineering, arts and design, and mathematics education; and (iii) interdisciplinary studies; and (B) with a particular focus on programs that advance widespread State and local educational agency adoption of climate change education, including funding for State educational agencies in partnership with local educational agencies and local nonprofit organizations to-- (i) integrate key principles of climate change education into existing kindergarten through grade 12 State academic content standards, student academic achievement standards, or State curriculum frameworks; (ii) create model State climate change curricula; (iii) develop and implement State teacher training programs; and (iv) support secondary school preparation or work-based experiences in green collar jobs; (2) to institutions of higher education to-- (A) improve the quality of and access to training, certification, and higher education for green collar jobs in the future green economy, such as green construction, design, technology, health, engineering, business, and policy studies, including sustainability science, and with a particular focus on programs that address restructuring institutional incentives and reducing institutional barriers to widespread faculty adoption of interdisciplinary teaching of climate change education; and (B) engage teams of faculty and students to develop applied climate research and deliver to local communities direct services related to local climate mitigation and adaptation issues, with a priority focus on communities impacted by climate change; and (3) to professional associations for projects that build capacity at the State and national levels for continuing education by practicing professionals and the general public in green economy fields. (b) Climate Change Education Office.--There shall be, within the Office of Education of the National Oceanic and Atmospheric Administration, a Climate Change Education Office to administer the grant program required by subsection (a). SEC. 6. REPORT. Not later than one year after the date of the enactment of this Act, and annually thereafter, the Administrator of the National Oceanic and Atmospheric Administration shall submit to Congress a report that evaluates the scientific merits, educational effectiveness, and broader effects of activities carried out under this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration $20,000,000 for each of fiscal years 2019 through 2024 to carry out this Act.	Climate Change Education Act This bill declares that the evidence for human-induced climate change is overwhelming and undeniable. The National Oceanic and Atmospheric Administration (NOAA) must establish a Climate Change Education Program to: increase the climate literacy of the United States by broadening the understanding of human-induced climate change, including possible consequences and potential solutions; apply the latest scientific and technological discoveries to provide learning opportunities to people of all ages; and help people understand and promote implementation of new technologies, programs, and incentives related to climate change, climate adaptation and mitigation, and climate resilience. NOAA must also establish a grant program for climate change education.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Robert James Act of 2008''. SEC. 2. WAIVER OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON DISABILITY IN CASES OF TERMINALLY ILL BENEFICIARIES. (a) Disability Insurance Benefits.--Section 223(a) of the Social Security Act (42 U.S.C. 423(a)) is amended by adding at the end the following new paragraph: ``(3) The Commissioner of Social Security may waive the application of the individual's waiting period under clause (i) in the first sentence of paragraph (1) if the Commissioner determines that such individual would otherwise be entitled to disability insurance benefits under this section, that such individual is terminally ill, and that the application of the waiting period would work an undue hardship on such individual (as determined on the basis of criteria established by the Commissioner). In the case of any such waiver granted by the Commissioner with respect to an individual, notwithstanding clauses (i) and (ii) in the first sentence of paragraph (1), the individual shall be entitled to disability insurance benefits for each month, beginning with the first month during all of which such individual is under a disability and in which such individual would become so entitled to such insurance benefits under such sentence but for such waiting period, and ending as provided in paragraph (1). For purposes of this paragraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.''. (b) Widow's Insurance Benefits Based on Disability.--Section 202(e)(5) of such Act (42 U.S.C. 402(e)(5)) is amended by adding at the end the following new subparagraph: ``(C) The Commissioner of Social Security may waive the application of the individual's waiting period under paragraph (1)(F)(i) if the Commissioner determines that she would otherwise be entitled to widow's insurance benefits under this section, that she is terminally ill, and that such application of the waiting period would work an undue hardship on her (as determined on the basis of criteria established by the Commissioner). In the case of any such waiver granted by the Commissioner with respect to an individual, notwithstanding clauses (i) and (ii) of paragraph (1)(F), she shall be entitled to widow's insurance benefits for each month, beginning with the first month during all of which she is under a disability and in which she would become so entitled to such insurance benefits under paragraph (1) but for such waiting period, and ending as provided in paragraph (1). For purposes of this subparagraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.''. (c) Widower's Insurance Benefits Based on Disability.--Section 202(f)(5) of such Act (42 U.S.C. 402(f)(5)) is amended by adding at the end the following new subparagraph: ``(C) The Commissioner of Social Security may waive the application of the individual's waiting period under paragraph (1)(F)(i) if the Commissioner determines that he would otherwise be entitled to widower's insurance benefits under this section, that he is terminally ill, and that such application would work an undue hardship on him (as determined on the basis of criteria established by the Commissioner). In the case of any such waiver granted by the Commissioner with respect to an individual, notwithstanding clauses (i) and (ii) of paragraph (1)(F), he shall be entitled to widower's insurance benefits for each month, beginning with the first month during all of which he is under a disability and in which he would become so entitled to such insurance benefits under paragraph (1) but for such waiting period, and ending as provided in paragraph (1). For purposes of this subparagraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.''. (d) Commencement of Period of Disability.--Section 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A)) is amended-- (1) by inserting ``(i)'' after ``(2)(A)''; (2) by inserting ``(I)'' after ``but only if''; (3) by inserting ``(II)'' after ``duration or''; and (4) by adding at the end the following new clause: ``(ii) The Commissioner of Social Security may waive the application of the five-month requirement under clause (i)(I) if the Commissioner determines that such individual would otherwise be entitled to a period of disability under this paragraph, that such individual is terminally ill, and that the application of such five- month requirement would work an undue hardship on such individual (as determined on the basis of criteria established by the Commissioner). For purposes of this clause, an individual is considered to be `terminally ill' if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.''. SEC. 3. EFFECTIVE DATES. The amendments made by subsection (a) of section 2 of this Act shall apply only with respect to benefits under section 223 of the Social Security Act, or under section 202 of such Act on the basis of the wages and self-employment income of an individual entitled to benefits under such section 223, for months beginning after 90 days after the date of the enactment of this Act. The amendments made by subsections (b) and (c) of section 2 of this Act shall apply only with respect to benefits based on disability under subsection (e) or (f) of section 202 of the Social Security Act for months after 90 days after the date of the enactment of this Act. The amendments made by subsection (d) of section 2 of this Act shall apply only with respect to applications for disability determinations filed under title II of the Social Security Act after 90 days after the date of the enactment of this Act.	Robert James Act of 2008 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to authorize waivers by the Commissioner of Social Security of the five-month waiting period for entitlement to benefits based on disability in cases in which such waiting period would cause undue hardship to terminally ill beneficiaries.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Fuel Equity Act''. SEC. 2. EXPANSION OF RENEWABLE RESOURCES CREDIT. (a) In General.--Section 45(c)(1) of the Internal Revenue Code of 1986 (relating to qualified energy resources) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of the subparagraph (C) and inserting a comma, and by adding at the end the following new subparagraphs: ``(D) geothermal energy, ``(E) solar energy, ``(F) incremental hydropower, and ``(G) biomass (other than closed-loop biomass).'' (b) Extension and Modification of Placed-in-Service Rules With Respect to Biomass Facilities.-- (1) In general.--Paragraph (3) of section 45(c) of the Internal Revenue Code of 1986 (defining qualified facility) is amended-- (A) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) Closed-loop biomass facility.--In the case of a facility using closed-loop biomass to produce electricity, the term `qualified facility' means any facility-- ``(i) owned by the taxpayer which is originally placed in service after December 31, 1992, and before January 1, 2007, or ``(ii) owned by the taxpayer which is originally placed in service on or before December 31, 1992, and modified to use closed- loop biomass to co-fire with coal before January 1, 2007.'', (B) by striking ``2004'' in subparagraph (C) and inserting ``2007'', and (C) by adding at the end the following new subparagraph: ``(D) Biomass facility.--In the case of a facility using biomass (other than closed-loop biomass) to produce electricity, the term `qualified facility' means any facility owned by the taxpayer which is originally placed in service before January 1, 2007.''. (2) Definition.--Subsection (c) of section 45 of such Code (relating to definitions) is amended by adding at the end the following new paragraph: ``(5) Biomass.--The term `biomass' means any solid, nonhazardous, cellulosic waste material which is segregated from other waste materials and which is derived from-- ``(A) any of the following forest-related resources: mill residues, precommercial thinnings, slash, and brush, but not including old-growth timber, ``(B) solid wood waste materials, including waste pallets, crates, dunnage, manufacturing and construction wood wastes (other than pressure-treated, chemically-treated, or painted wood wastes), and landscape or right-of-way tree trimmings, but not including municipal solid waste (garbage), gas derived from the biodegradation of solid waste, or paper that is commonly recycled, or ``(C) agriculture sources, including orchard tree crops, vineyard, grain, legumes, sugar, and other crop by-products or residues.''. (3) Special rules.--Subsection (d) of section 45 of such Code (relating to definitions and special rules) is amended by adding at the end the following new paragraph: ``(8) Special rules with respect to biomass.--In the case of a qualified facility described in subparagraph (B)(ii) or (D) of subsection (c)(3)-- ``(A) the 10-year period referred to in subsection (a) shall be treated as beginning no earlier than the date of the enactment of this paragraph, ``(B) subsection (b)(3) shall not apply to any such facility originally placed in service before January 1, 1997, and ``(C) if such a facility is leased and the operator thereof is the lessee, such lessee (and not the owner) shall be treated for purposes of this section as owning such facility.'' (c) Qualified Facility To Include Geothermal, Solar Energy, and Incremental Hydropower Facility.-- (1) In general.--Paragraph (3) of section 45(c) of such Code, as amended by subsection (b), is amended by inserting after subparagraph (D) the following new subparagraphs: ``(E) Geothermal facility.--In the case of a facility using geothermal energy to produce electricity, the term `qualified facility' means-- ``(i) any facility owned by the taxpayer which is originally placed in service after December 31, 2001, or ``(ii) any facility owned by the taxpayer which is originally placed in service before January 1, 2002, but only to the extent of its incremental geothermal production. ``(F) Solar energy facility.--In the case of a facility using solar energy to produce electricity, the term `qualified facility' means-- ``(i) any facility owned by the taxpayer which is originally placed in service after December 31, 2001, or ``(ii) any facility owned by the taxpayer which is originally placed in service before January 1, 2002, and modified on or after such date with additional generating capacity. In the case of a facility referred to in clause (ii), the credit under subsection (a) applies only to the production from the additional generating capacity. ``(G) Incremental hydropower facility.--In the case of a facility using incremental hydropower to produce electricity, the term `qualified facility' means any facility owned by the taxpayer that achieves additional generation from-- ``(i) increased efficiency, or ``(ii) additions of new capacity, at a non-Federal hydroelectric project originally placed in service before the date of enactment of this subparagraph.''. (2) Special rule.--Subsection (d) of section 45 of such Code (relating to definitions and special rules), as amended by subsection (b)(3), is amended by adding at the end the following new paragraph: ``(9) Definition and special rule with respect to incremental geothermal production.-- ``(A) In general.--The term `incremental geothermal production' means for any taxable year the excess of-- ``(i) the total kilowatt hours of electricity produced from a geothermal facility described in subsection (c)(3)(E)(ii), over ``(ii) the average annual kilowatt hours produced at such facility for five of the previous seven calendar years prior to the date of the enactment of this paragraph after eliminating the highest and lowest kilowatt hour production years in such seven-year period. ``(B) Special rule.--A facility described in subsection (c)(3)(E)(ii) which was placed in service seven years or longer prior to the date of the enactment of this paragraph shall, commencing with the year of such enactment, reduce the amount calculated under subparagraph (A)(ii) each year, on a cumulative basis, by the average decrease in annual kilowatt hour production for the seven-year period described in subparagraph (A)(ii) with such cumulative sum not to exceed 30 percent.''. (d) Coordination With Other Credits.--Subsection (d) of section 45 of such Code (relating to definitions and special rules), as amended by subsection (c)(2), is amended by adding at the end the following: ``(10) Coordination with other credits.--This section shall not apply to any qualified facility with respect to which a credit under any other section is allowed for the taxable year unless the taxpayer elects to waive application of such credit to such facility.''. (e) Effective Date.--The amendments made by this section shall apply to electricity sold after December 31, 2001. SEC. 3. EXPANSION OF INVESTMENT TAX CREDIT TO INCLUDE EQUIPMENT USED TO PRODUCE ELECTRICITY FROM CERTAIN RENEWABLE RESOURCES. (a) In General.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 (relating to energy credit reforestation credit) is amended by striking ``or'' at the end of clause (i), inserting ``or'' at the end of clause (ii), and adding at the end the following new clause: ``(iii) equipment used to produce electricity from a qualified facility (as defined in section 45).''. (b) Increased Credit for Certain Equipment.--Paragraph (2) of section 48(a) is amended-- (1) by redesignating subparagraph (B) as subparagraph (C), (2) in subparagraph (A), by striking ``The'' and inserting ``Except as provided in subparagraph (B), the'', and (3) by inserting after subparagraph (A) the following new subparagraph: ``(B) Increased percentage for certain equipment.-- In the case of energy property having a total installed electrical generating capacity of less than 1 megawatt and placed in service before January 1, 2007, the energy percentage is 20 percent.''. (c) Effective Date.--The amendments made by this section shall apply to equipment placed in service after December 31, 2001.	Renewable Fuel Equity Act - Amends the Internal Revenue Code to expand the renewable resources credit to include geothermal and solar energy, incremental hydropower and biomass (other than closed-loop biomass).Sets forth qualifying dates of service for facilities using such means to produce electricity.Expands the investment tax credit to include equipment used to produce electricity from certain renewable resources.Increases, from 10 to 20 percent, the "energy percentage" used to determine the energy credit in the case of energy property having a total installed electrical generating capacity of less than one megawatt that is placed in service before January 1, 2007.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Survivor Outreach and Support Campus Act'' or the ``SOS Campus Act''. SEC. 2. INDEPENDENT ADVOCATE FOR CAMPUS SEXUAL ASSAULT PREVENTION AND RESPONSE. (a) Establishment.--Part G of title IV of the Higher Education Act of 1965 (20 U.S.C. 1088 et seq.) is amended by inserting after section 485E the following new section: ``SEC. 485F. INDEPENDENT ADVOCATE FOR CAMPUS SEXUAL ASSAULT PREVENTION AND RESPONSE. ``(a) Designation.--Each eligible institution participating in any program under this title shall designate an independent advocate for campus sexual assault prevention and response (in this section referred to as the `Advocate') who shall be appointed based on certifications, experience, and a demonstrated ability of the individual to effectively provide sexual assault victim services. ``(b) Notification of Existence of and Information for the Advocate.--Each employee of an eligible institution who receives a report of sexual assault shall notify the victim of the existence of, contact information for, and services provided by the Advocate of the institution. ``(c) Advocate Oversight.--Each Advocate shall-- ``(1) report to an individual outside the body responsible for investigating and adjudicating sexual assault complaints at the institution; ``(2) submit to such individual an annual report summarizing how the resources supplied to the Advocate were used, including the number of male and female sexual assault victims assisted; and ``(3) be appointed in such manner as the Secretary determines is appropriate. ``(d) Role.-- ``(1) In general.--In carrying out the responsibilities described in this section, the Advocate shall represent the interests of the student victim without regard to whether such interests are in conflict with the interests of the institution designating such Advocate. ``(2) Prohibition on retaliation.--No institution of higher education designating an Advocate in accordance with this section may discipline, penalize, or otherwise retaliate against such Advocate for representing the interests of a student victim, without regard to whether such interests are in conflict with the interests of such institution. ``(e) Responsibilities.-- ``(1) Services available at all times.--Each Advocate shall ensure that victims of sexual assault at the institution are able to receive, at the election of the victim and at any time of day, each day of the week-- ``(A) information on how to report a campus sexual assault to law enforcement; ``(B) emergency medical care, including follow up medical care as requested; and ``(C) medical forensic or evidentiary examinations. ``(2) Other services.--Each Advocate shall ensure that victims of sexual assault at the institution are able to receive, at the election of the victim-- ``(A) crisis intervention counseling and ongoing counseling; ``(B) information on the victim's rights and referrals to additional support services; and ``(C) information on legal services. ``(3) Guidance.--Each Advocate shall guide victims of sexual assault who request assistance through the reporting, counseling, administrative, medical and health, academic accommodations, or legal processes of the institution designating such Advocate or local law enforcement. ``(4) Attendance at adjudications.--At the request of the victim of sexual assault, each Advocate shall attend any administrative or institution-based adjudication proceeding related to such assault as an advocate for the victim. ``(5) Privacy and confidentiality.--Each Advocate shall maintain the privacy and confidentiality of the victim of, and any witness to, such sexual assault and shall not notify the institution designating such Advocate or any other person of the identity of the victim or any such witness or the alleged circumstances surrounding the reported sexual assault except-- ``(A) as otherwise required by the applicable laws in the State where such institution is located; ``(B) with respect to the identity of the victim, with the consent of the victim; or ``(C) with respect to the identity of such witness, with the consent of such witness. ``(6) Public information campaign.--Each Advocate shall conduct a public information campaign to inform the students enrolled at the institution designating such Advocate of the existence of, contact information for, and services provided by the Advocate, including-- ``(A) posting information-- ``(i) on the website of such institution; ``(ii) in student orientation materials; and ``(iii) on posters displayed in dormitories, cafeterias, sports arenas, locker rooms, entertainment facilities, and classrooms; and ``(B) training coaches, faculty, school administrators, resident advisors, and other staff to provide information on the existence of, contact information for, and services provided by the Advocate. ``(f) Availability of Services.--The services described in paragraphs (1) and (2) of subsection (e) shall be provided-- ``(1) pursuant to a memorandum of understanding (that includes transportation services), at a rape crisis center, legal organization, or other community-based organization located within a reasonable distance from an institution; or ``(2) on the campus of an institution in consultation with a rape crisis center, legal organization, or other community- based organization. ``(g) Prohibition on Retaliation Towards Victims.--A victim of sexual assault may not be disciplined, penalized, or otherwise retaliated against for reporting such assault to the Advocate. ``(h) No Effect on Clery Act and Title IX.--Nothing in this section shall alter or amend the rights, duties, and responsibilities under section 485(f) or title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) (also known as the Patsy Takemoto Mink Equal Opportunity in Education Act). ``(i) Sexual Assault Defined.--In this section, the term `sexual assault' means penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim, including when the victim is incapable of giving consent.''. (b) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Education shall issue regulations to carry out section 485F of the Higher Education Act of 1965, as added by subsection (a) of this section.	Survivor Outreach and Support Campus Act or the SOS Campus Act Amends the Higher Education Act of 1965 to require each institution of higher education (IHE) that participates in any program under title IV (Student Assistance) to designate an independent advocate for campus sexual assault prevention and response (Advocate) with experience in providing sexual assault victim services. Requires each Advocate to: (1) report to an individual outside the body responsible for investigating and adjudicating sexual assault complaints at the IHE, (2) submit to such individual an annual report summarizing how the resources supplied to the Advocate were used, (3) represent the interests of each student victim without regard to whether they conflict with the IHE's interests, and (4) be appointed in such manner as the Secretary of Education deems appropriate. Directs each Advocate to: ensure that sexual assault victims at the IHE are able to receive, at their election, specified information and services; guide sexual assault victims who request assistance through the reporting, counseling, administrative, medical and health, academic accommodations, or legal processes of the IHE or local law enforcement; attend, at the request of a sexual assault victim, any administrative or IHE-based adjudication proceeding related to such assault as an advocate for the victim; maintain the privacy and confidentiality of the victim and any witness to such sexual assault and to not notify the IHE or any other person of the identity of the victim or of any such witness or the alleged circumstances surrounding the reported sexual assault except as otherwise required by state law or, with respect to the identity of the victim or witness, with the consent of such victim or witness; and conduct a public information campaign to inform the students enrolled at the IHE of the existence of, contact information for, and services provided by the Advocate. Prohibits IHEs from retaliating against: (1) Advocates for representing the interests of a student victims, or (2) student victims for reporting sexual assaults to Advocates.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Interstate Abortion Notification Act''. SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION. Title 18, United States Code, is amended by inserting after chapter 117 the following: ``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION ``Sec. ``2431. Transportation of minors in circumvention of certain laws relating to abortion. ``2432. Transportation of minors in circumvention of certain laws relating to abortion. ``Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion ``(a) Offense.-- ``(1) Generally.--Except as provided in subsection (b), whoever knowingly transports a minor across a State line, with the intent that such minor obtain an abortion, and thereby in fact abridges the right of a parent under a law requiring parental involvement in a minor's abortion decision, in force in the State where the minor resides, shall be fined under this title or imprisoned not more than one year, or both. ``(2) Definition.--For the purposes of this subsection, an abridgement of the right of a parent occurs if an abortion is performed or induced on the minor, in a State or a foreign nation other than the State where the minor resides, without the parental consent or notification, or the judicial authorization, that would have been required by that law had the abortion been performed in the State where the minor resides. ``(b) Exceptions.-- ``(1) The prohibition of subsection (a) does not apply if the abortion was necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself. ``(2) A minor transported in violation of this section, and any parent of that minor, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 of this title based on a violation of this section. ``(c) Affirmative Defense.--It is an affirmative defense to a prosecution for an offense, or to a civil action, based on a violation of this section that the defendant-- ``(1) reasonably believed, based on information the defendant obtained directly from a parent of the minor, that before the minor obtained the abortion, the parental consent or notification took place that would have been required by the law requiring parental involvement in a minor's abortion decision, had the abortion been performed in the State where the minor resides; or ``(2) was presented with documentation showing with a reasonable degree of certainty that a court in the minor's State of residence waived any parental notification required by the laws of that State, or otherwise authorized that the minor be allowed to procure an abortion. ``(d) Civil Action.--Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor subject to subsection (a). ``(e) Definitions.--For the purposes of this section-- ``(1) the term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, to terminate an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma or a criminal assault on the pregnant female or her unborn child; ``(2) the term a `law requiring parental involvement in a minor's abortion decision' means a law-- ``(A) requiring, before an abortion is performed on a minor, either-- ``(i) the notification to, or consent of, a parent of that minor; or ``(ii) proceedings in a State court; and ``(B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity who is not described in that subparagraph; ``(3) the term `minor' means an individual who is not older than the maximum age requiring parental notification or consent, or proceedings in a State court, under the law requiring parental involvement in a minor's abortion decision; ``(4) the term `parent' means-- ``(A) a parent or guardian; ``(B) a legal custodian; or ``(C) a person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, who is designated by the law requiring parental involvement in the minor's abortion decision as a person to whom notification, or from whom consent, is required; and ``(5) the term `State' includes the District of Columbia and any commonwealth, possession, or other territory of the United States, and any Indian tribe or reservation. ``Sec. 2432. Transportation of minors in circumvention of certain laws relating to abortion ``Notwithstanding section 2431(b)(2), whoever has committed an act of incest with a minor and knowingly transports the minor across a State line with the intent that such minor obtain an abortion, shall be fined under this title or imprisoned not more than one year, or both. For the purposes of this section, the terms `State', `minor', and `abortion' have, respectively, the definitions given those terms in section 2435.''. SEC. 3. CHILD INTERSTATE ABORTION NOTIFICATION. Title 18, United States Code, is amended by inserting after chapter 117A the following: ``CHAPTER 117B--CHILD INTERSTATE ABORTION NOTIFICATION ``Sec. ``2435. Child interstate abortion notification. ``Sec. 2435. Child interstate abortion notification ``(a) Offense.-- ``(1) Generally.--A physician who knowingly performs or induces an abortion on a minor in violation of the requirements of this section shall be fined under this title or imprisoned not more than one year, or both. ``(2) Parental notification.--A physician who performs or induces an abortion on a minor who is a resident of a State other than the State in which the abortion is performed must provide, or cause his or her agent to provide, at least 24 hours actual notice to a parent of the minor before performing the abortion. If actual notice to such parent is not possible after a reasonable effort has been made, at least 24 hours constructive notice must be given to a parent before the abortion is performed. ``(b) Exceptions.--The notification requirement of subsection (a)(2) does not apply if-- ``(1) the abortion is performed or induced in a State that has, in force, a law requiring parental involvement in a minor's abortion decision and the physician complies with the requirements of that law; ``(2) the physician is presented with documentation showing with a reasonable degree of certainty that a court in the minor's State of residence has waived any parental notification required by the laws of that State, or has otherwise authorized that the minor be allowed to procure an abortion; ``(3) the minor declares in a signed written statement that she is the victim of sexual abuse, neglect, or physical abuse by a parent, and, before an abortion is performed on the minor, the physician notifies the authorities specified to receive reports of child abuse or neglect by the law of the State in which the minor resides of the known or suspected abuse or neglect; ``(4) the abortion is necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself, but an exception under this paragraph does not apply unless the attending physician or an agent of such physician, within 24 hours after completion of the abortion, notifies a parent in writing that an abortion was performed on the minor and of the circumstances that warranted invocation of this paragraph; or ``(5) the minor is physically accompanied by a person who presents the physician or his agent with documentation showing with a reasonable degree of certainty that he or she is in fact the parent of that minor. ``(c) Civil Action.--Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor subject to subsection (a). ``(d) Definitions.--For the purposes of this section-- ``(1) the term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, to terminate an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child; ``(2) the term `actual notice' means the giving of written notice directly, in person, by the physician or any agent of the physician; ``(3) the term `constructive notice' means notice that is given by certified mail, return receipt requested, restricted delivery to the last known address of the person being notified, with delivery deemed to have occurred 48 hours following noon on the next day subsequent to mailing on which regular mail delivery takes place, days on which mail is not delivered excluded; ``(4) the term a `law requiring parental involvement in a minor's abortion decision' means a law-- ``(A) requiring, before an abortion is performed on a minor, either-- ``(i) the notification to, or consent of, a parent of that minor; or ``(ii) proceedings in a State court; ``(B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity who is not described in that subparagraph; ``(5) the term `minor' means an individual who is not older than 18 years and who is not emancipated under the law of the State in which the minor resides; ``(6) the term `parent' means-- ``(A) a parent or guardian; ``(B) a legal custodian; or ``(C) a person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides; as determined by State law; ``(7) the term `physician' means a doctor of medicine legally authorized to practice medicine by the State in which such doctor practices medicine, or any other person legally empowered under State law to perform an abortion; and ``(8) the term `State' includes the District of Columbia and any commonwealth, possession, or other territory of the United States, and any Indian tribe or reservation.''. SEC. 4. CLERICAL AMENDMENT. The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 117 the following new items: ``117A. Transportation of minors in circumvention of certain 2431 laws relating to abortion. ``117B. Child interstate abortion notification.............. 2435''. SEC. 5. SEVERABILITY AND EFFECTIVE DATE. (a) The provisions of this Act shall be severable. If any provision of this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated. (b) This Act and the amendments made by this Act shall take effect 45 days after the date of enactment of this Act.	Child Interstate Abortion Notification Act - Amends the federal criminal code to prohibit transporting a minor child across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minors state of residence that requires parental involvement in the minors abortion decision). Makes an exception for an abortion necessary to save the life of the minor. Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant: (1) reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place; or (2) was presented with documentation showing that a court waived parental notification requirements or authorized the minor's abortion. Authorizes any parent who suffers harm from a violation of such prohibition to obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor. Defines "abortion" as the termination of a pregnancy with an intention other than to increase the probability of a live birth, preserve the life or health of the child after live birth, terminate an ectopic pregnancy, or remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child. Imposes a fine and/or prison term of up to one year on anyone who has committed an act of incest with a minor and knowingly transports the minor across a state line with the intent that such minor obtain an abortion. Imposes a fine and/or prison term of up to one year on a physician who performs or induces an abortion on an out-of-state minor in violation of parental notification requirements. Requires such physician to give 24-hour actual or constructive notice to a parent of the minor seeking an abortion, except where: (1) the abortion is performed or induced in a state that has in force a law requiring parental involvement in a minor's abortion decision and the physician complies with such law; (2) the physician is presented with documentation showing that a court in the minor's state of residence has waived any required parental notification or has otherwise authorized the minor to procure an abortion; (3) the minor declares in a signed written statement that she is the victim of sexual abuse, neglect, or physical abuse by a parent and, before an abortion is performed, the physician notifies the authorities of the state in which the minor resides of the known or suspected abuse or neglect; (4) the abortion is necessary to save the life of the minor, provided the attending physician, within 24 hours after completion of the abortion, notifies a parent in writing that the abortion was performed and of the circumstances that warranted it; or (5) the minor is accompanied by a person who presents documentation that he or she is the minor's parent.
SECTION 1. SHORT TITLE. This Act may be cited as the ``North Korea Sanctions and Diplomatic Nonrecognition Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) North Korean negotiators in the Six-Party diplomatic process did not act in good faith by their refusal to agree to a transparent verification process for denuclearization consistent with ``international standards'', including provisions for nuclear sampling, following North Korea's removal on October 11, 2008, from the list of state sponsors of terrorism maintained by the Department of State. (2) International press reports indicate that North Korea has continued to provide support to Iran in the areas of missile technology and nuclear development and has provided Iran's surrogates, Hezbollah and Hamas, with both missile technology and training in tunneling techniques with which to attack Israel, an ally of the United States. (3) International press reports indicate that North Korea was engaged for a number of years in assistance to Syria in the construction of a nuclear reactor in the Syrian desert which was destroyed in a strike by Israeli forces on September 6, 2007. (4) North Korean negotiators continue to refuse to address in a humane and sincere manner the issue of the abduction of civilians of Japan and the Republic of Korea, both allies of the United States, as well as the abductions of citizens from a number of other countries, including France, Lebanon, Romania, and Thailand. (5) Defectors coming out of North Korea have provided testimony that United States permanent resident, Reverend Kim Dong-shik, the spouse and father of United States citizens, was tortured and murdered inside North Korea after his abduction by Pyongyang's agents on the Chinese border in January 2000 and that his remains are currently being held at a military facility inside North Korea. (6) Congress authoritatively expressed its view, in section 202(b)(2) of the North Korean Human Rights Act of 2004 (Public Law 108-333; 22 U.S.C. 7832(b)(2)) that ``United States nonhumanitarian assistance to North Korea shall be contingent on North Korea's substantial progress'' on human rights improvements, release of and accounting for abductees, family reunification, reform of North Korea's labor camp system, and the decriminalization of political expression, none of which has occurred. (7) Congress further authoritatively expressed its view, in section 2 of the North Korean Human Rights Reauthorization Act of 2008 (Public Law 110-346) that ``human rights and humanitarian conditions inside North Korea are deplorable'' and that ``North Korean refugees remain acutely vulnerable''. (8) Congress has determined that any missile test or launch conducted by North Korea would be in direct violation of United Nations Security Council resolution 1695, adopted on July 16, 2006, which ``condemns the multiple launches by the DPRK (North Korea) of ballistic missiles on July 5 2006 local time'', and United Nations Security Council resolution 1718, adopted on October 9, 2006, which ``demands that the DPRK (North Korea) not conduct any further nuclear test or launch of a ballistic missile'' and ``decides that the DPRK shall suspend all activities related to its ballistic missile programme and in this context re-establish its pre-existing commitments to a moratorium on missile launching'', and further determines that the resulting sanctions imposed under such resolution 1718 would again come into full effect following a missile test or launch. (9) Congress has further determined that a return by North Korea to the Six-Party diplomatic process following any missile test or launch by Pyongyang must include a firm and transparent commitment to the complete, verifiable and irreversible dismantlement of all of North Korea's nuclear programs, including those derived both from plutonium as well as highly enriched uranium. (10) Japanese press reports have indicated that a delegation of approximately fifteen Iranian missile experts have arrived in North Korea in March 2009 ``to help Pyongyang prepare for a rocket launch'', including senior officials with the Iranian rocket and satellite producer Shahid Hemmat Industrial Group, and that they brought with them a letter from their President Mahmoud Ahmadinejad to North Korean leader Kim Jong-Il stressing the importance of cooperating on space technology. SEC. 3. CONTINUATION OF RESTRICTIONS AGAINST THE GOVERNMENT OF NORTH KOREA. Notwithstanding the decision by the Secretary of State on October 11, 2008, to rescind the designation of North Korea as a state sponsor of terrorism, restrictions against the Government of North Korea that were imposed by reason of a determination of the Secretary of State that the Government of North Korea, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism, shall remain in effect, and shall not be lifted pursuant to such provisions of law, unless the President certifies to Congress that the Government of North Korea-- (1) is no longer engaged in the illegal transfer of missile or nuclear technology, particularly to the governments of Iran, Syria, or any other country, the government of which the Secretary of State has determined for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or other provision of law, is a government that has repeatedly provided support for international acts of terrorism; (2) is no longer engaged in training in combat operations or tunneling, or harboring, supplying, financing, or supporting in any way-- (A) Hamas, Hezbollah, the Japanese Red Army, or any member of such organizations; (B) any organization designated by the Secretary of State as a foreign terrorist organization in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)); and (C) any person included on the annex to Executive Order 13224 (September 21, 2001) and any other person identified under section 1 of that Executive Order whose property and interests are blocked by that section (commonly known as a ``specially designated global terrorist''); (3) is no longer engaged in the counterfeiting of United States currency ``supernotes''; (4) is no longer engaged in the international trafficking of illicit narcotics into the United States, Japan, Australia, or other allied countries of the United States; (5) has released United States citizens Euna Lee and Laura Ling, who were working as journalists reporting on refugees on the North Korean border of China when they were detained by North Korean guards on March 17, 2009, and has returned the last remains of United States permanent resident, Reverend Kim Dong-shik, to his United States citizen widow, family, and church members, so that he may be provided with a proper Christian burial in Chicago; (6) has released the Japanese nationals recognized as abduction victims by the Government of Japan as well as abduction victims recognized by the Government of the Republic of Korea; (7) has released an estimated 600 surviving South Korean POWs, and any other surviving POWs from the Korean War, who have been held in North Korea against their will and in violation of the Armistice Agreement since hostilities ended in July, 1953; (8) has made concrete provisions for unrestricted family reunification meetings for those individuals among the two- million strong Korean-American community who maintain family ties with relatives inside North Korea; (9) has opened the North Korean penal system, including the gulag of concentration camps holding an estimated 200,000 political and religious prisoners, to unrestricted and regular visits by representatives of the International Committee of the Red Cross (ICRC); (10) has made provision for unrestricted and regular access by representatives of the United National High Commissioner for Refugees to refugees forcibly repatriated to North Korea to determine their general health and welfare; and (11) has made concrete provisions for unrestricted contact, including direct communications and meetings, between representatives of international and South Korean religious organizations, including Christians and Buddhists, and their co-believers inside North Korea. SEC. 4. CONTINUATION OF DIPLOMATIC NONRECOGNITION OF NORTH KOREA. (a) Finding.--Congress finds that the United States did not grant diplomatic recognition to North Korea upon its establishment as a client regime of the former Soviet Union in 1948. The United States has consistently continued to withhold such formal diplomatic recognition during the 59 years since the sudden and unprovoked attack by North Korean forces on the Republic of Korea on June 25, 1950, an attack which led directly to the Korean War and the deaths of over 36,000 United States military personnel as well as at least 2,000,000 Koreans and over 3,000 soldiers from Allied countries. (b) Continuation of Diplomatic Nonrecognition.--The diplomatic nonrecognition described in subsection (a), including restrictions on the establishment of a permanent presence or United States liaison office inside North Korea, shall remain in effect, until such time as the President certifies to Congress that the Government of North Korea has met all of the benchmarks specified in section 3. SEC. 5. INTERNATIONAL RESPONSE TO A NORTH KOREAN MISSILE LAUNCH. In the case of the launch of a missile, rocket, or other airborne object by North Korea in clear violation of United Nations Security Council resolutions 1695 and 1718, the President shall instruct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States to secure adoption of a United Nations Security Counsel resolution condemning North Korea's action as a violation of United Nations Security Council resolutions 1695 and 1718 and requiring the implementation of comprehensive sanctions against North Korea.	North Korea Sanctions and Diplomatic Nonrecognition Act of 2009 - Continues diplomatic, economic, and military sanctions against the government of North Korea as a supporter of international terrorism until the President certifies to Congress that North Korea: (1) is no longer engaged in the illegal transfer of missile or nuclear technology, particularly to Iran and Syria; (2) is not assisting foreign terrorist organizations, engaged in counterfeiting U.S. currency, or engaged in illicit narcotics traffic; (3) has released specified U.S. citizens, Japanese nationals, and surviving Korean War prisoners of war; (4) has undertaken specified family reunification actions; and (5) has undertaken specified penal reforms. Continues diplomatic nonrecognition of North Korea until such benchmarks have been met. Directs the President, in the case of a North Korean missile or rocket launch in violation of U.N. Security Council Resolutions 1695 and 1718, to instruct the U.S. Permanent Representative to the United Nations to use U.S. influence to secure adoption of a Security Council resolution condemning North Korea's action and requiring implementation of comprehensive sanctions against North Korea.
SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES TO NONPROFIT ORGANIZATIONS. (a) Definitions.--In this section: (1) Business entity.--The term ``business entity'' means a firm, corporation, association, partnership, consortium, joint venture, or other form of enterprise. (2) Facility.--The term ``facility'' means any real property, including any building, improvement, or appurtenance. (3) Gross negligence.--The term ``gross negligence'' means voluntary and conscious conduct by a person with knowledge (at the time of the conduct) that the conduct is likely to be harmful to the health or well-being of another person. (4) Intentional misconduct.--The term ``intentional misconduct'' means conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person. (5) Nonprofit organization.--The term ``nonprofit organization'' means-- (A) any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; or (B) any not-for-profit organization organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes. (6) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. (b) Limitation on Liability.-- (1) In general.--Subject to subsection (c), a business entity shall not be subject to civil liability relating to any injury or death occurring at a facility of the business entity in connection with a use of such facility by a nonprofit organization if-- (A) the use occurs outside of the scope of business of the business entity; (B) such injury or death occurs during a period that such facility is used by the nonprofit organization; and (C) the business entity authorized the use of such facility by the nonprofit organization. (2) Application.--This subsection shall apply-- (A) with respect to civil liability under Federal and State law; and (B) regardless of whether a nonprofit organization pays for the use of a facility. (c) Exception for Liability.--Subsection (b) shall not apply to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including any misconduct that-- (1) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act of international terrorism (as that term is defined in section 2331 of title 18) for which the defendant has been convicted in any court; (2) constitutes a hate crime (as that term is used in the Hate Crime Statistics Act (28 U.S.C. 534 note)); (3) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court; or (4) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law. (d) Superseding Provision.-- (1) In general.--Subject to paragraph (2) and subsection (e), this Act preempts the laws of any State to the extent that such laws are inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protection from liability for a business entity for an injury or death with respect to which conditions under subparagraphs (A) through (C) of subsection (b)(1) apply. (2) Limitation.--Nothing in this Act shall be construed to supersede any Federal or State health or safety law. (e) Election of State Regarding Nonapplicability.--This Act shall not apply to any civil action in a State court against a business entity in which all parties are citizens of the State if such State enacts a statute-- (1) citing the authority of this subsection; (2) declaring the election of such State that this Act shall not apply to such civil action in the State; and (3) containing no other provisions.	Exempts a business entity from civil liability for any injury or death occurring at such entity's facility in connection with the use of such facility by a nonprofit organization if: (1) the use occurs outside of the scope of the business of the entity; (2) the injury or death occurs while the facility is being used by the organization; and (3) the entity authorized the organization's use of the facility. Provides an exception for an injury or death that results from an entity's act or omission that constitutes gross negligence or intentional misconduct, including crimes of violence or acts of international terrorism, hate crimes, sexual offenses, and misconduct that violates Federal or State civil rights laws. Provides that this Act shall not apply in a State that enacts a statute to that effect if all parties to an action are citizens of that State.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Assistance in Gaining Experience, Independence, and Navigation Act of 2014'' or the ``AGE-IN Act''. SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. Part R of title III of the Public Health Service Act (42 U.S.C. 280i et seq.) is amended by inserting after section 399CC the following: ``SEC. 399CC-1. GRANTS FOR RESEARCH, TRAINING, AND NAVIGATOR SERVICES FOR YOUTH AND YOUNG ADULTS. ``(a) Research Grant.-- ``(1) In general.--The Secretary, in consultation with the Coordinating Committee established under section 399CC and the Administrator of the Administration for Community Living, shall award a grant to a research organization to-- ``(A) conduct a comprehensive meta-analysis on the existing empirical, peer-reviewed research on the topic of youth and young adults with an autism spectrum disorder or other developmental disabilities as such individuals age-out of the school-based support system (referred to in this section as `transitioning youth'); ``(B) conduct research on the existing infrastructure for transitioning youth, including access to health care, continuing education and vocational training programs, supportive and community- based integrated housing, accessible transportation services, and public safety and community integration programs (including first responder training); and ``(C) develop a comprehensive strategic plan (in accordance with paragraph (2)) for the establishment of a Transition Navigator grant program to provide transitioning youth with a comprehensive and interdisciplinary set of support services. ``(2) Strategic plan.--The strategic plan developed under paragraph (1)(C) shall include-- ``(A) proposals on establishing best practices guidelines to ensure interdisciplinary coordination between all relevant service providers (including first responders), the transitioning youth, and their family, and in conjunction with the transitioning youth's Individualized Education Plan as prescribed in section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414), to maximize the transitioning youth's self-determination; ``(B) comprehensive approaches to transitioning, including-- ``(i) services to increase access to, and the successful integration and completion of, postsecondary education, peer support, vocational training (as defined in section 103 of the Rehabilitation Act of 1973 (29 U.S.C. 723)), self-advocacy skills, and competitive, integrated employment; ``(ii) community-based behavioral supports and interventions; ``(iii) community-based integrated residential services, housing, and transportation; ``(iv) nutrition, health and wellness, recreational, and social activities; and ``(v) personal safety services that consider the specific needs of transitioning youth who are at risk of becoming involved with public safety agencies or the criminal justice system; ``(C) culturally and linguistically competent and sensitive service delivery models; and ``(D) proposals which seek to-- ``(i) increase the effectiveness of such practices to provide successful transition services; ``(ii) increase the ability of the entity to provide supports and services to underserved populations and regions; ``(iii) increase the efficiency of service delivery to maximize resources and outcomes; and ``(iv) ensure access to all services identified as necessary to transitioning youth of all capabilities. ``(3) Grant period.--Grants awarded under this subsection shall be for a period of 2 years. ``(b) Transition Navigator Training Grants.-- ``(1) In general.--The Secretary, in consultation with the Coordinating Committee established under section 399CC and the Administrator of the Administration for Community Living, shall establish a Transition Navigator Grant Program to award multiyear training initiative grants to establish and carry out a collaborative, interdisciplinary training and services initiative, that is based on the data and best practice guidelines developed under subsection (a), to train transition navigators to provide transitioning youth with the services and skills necessary to lead an independent, integrated life. ``(2) Eligibility.--To be eligible for a grant under this subsection, an entity shall-- ``(A) be a University Center for Excellence in Developmental Disabilities Education, Research and Service or a comparable interdisciplinary entity capable of fulfilling the scope of activities described in section 153 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15063); and ``(B) prepare and submit an application to the Secretary in accordance with paragraph (3). ``(3) Application.--To be eligible to receive a grant under this subsection, an entity shall submit to the Secretary an application demonstrating the capacity to successfully train an interdisciplinary group of service providers on the best practice guidelines contained in strategic plan under subsection (a). The application shall include additional information, including-- ``(A) the number of trainees, students, or providers expected to be trained under the grant, and in what timeframe; ``(B) the interdisciplinary scope of faculty, staff, mentors, and community-based trainers affiliated with the applicant; ``(C) the ability to provide training services to a culturally diverse set of students and in a culturally competent, culturally sensitive manner; and ``(D) the ability to train providers in underserved areas and to serve underserved populations. ``(4) Grant period and annual evaluation.-- ``(A) Grant period.--Navigator training grants awarded under this subsection shall be for a period of 3 years. The Secretary may renew a grant for an additional 3-year period based on the results of the evaluations submitted under subparagraph (B). ``(B) Annual evaluation.--A grantee under this subsection shall submit to the Secretary an evaluation of progress made during each grant year in achieving the purposes for which the grant was awarded. Such evaluation shall include an analysis of-- ``(i) any performance metrics required by the Secretary; ``(ii) the grantees recruitment of students into the program; and ``(iii) the recruits' cultural diversity and the interdisciplinary nature of their interests or background. ``(5) Longitudinal evaluation.-- ``(A) In general.--The Secretary shall enter into a contract with a third-party organization with expertise in program evaluation for the conduct of an evaluation of the success of grantees under this subsection in meeting the goals of the strategic plan submitted under subsection (a)(2) and their grant application. ``(B) Procedure.--A third-party organization that enters into a contract under subparagraph (A) shall monitor grantees under this subsection and report back to the Secretary with a longitudinal analysis of the effectiveness of the program carried out by the grantee. Such analysis shall include an examination of-- ``(i) whether and to what extent the training regime sufficiently met the goals of the strategic plan under subsection (a)(2); ``(ii) whether and to what extent graduates of the training program are successfully working to provide services to transitional youth in an effective, comprehensive, and appropriate manner; and ``(iii) the long-term efficacy of the program and the strategic plan on increasing and sustaining transitional youth's-- ``(I) enrollment in, and completion of, postsecondary education or vocational training programs; ``(II) participation in integrated, competitive employment; ``(III) continued access to peer support; ``(IV) continued access to, and benefitting from, community-based behavioral supports and interventions; ``(V) consistent access to community-based integrated residential services, housing, and transportation; and ``(VI) continued access to nutrition, health and wellness, recreational, and social activities. ``(6) Supplement.--Activities carried out under a grant under this subsection shall supplement, not supplant, existing programs and activities designed to provide interdisciplinary training to services providers aimed at serving transitional youth.''.	Assistance in Gaining Experience, Independence, and Navigation Act of 2014 or the AGE-IN Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to award a grant to: (1) analyze existing research on youth and young adults with an autism spectrum disorder or other developmental disabilities as they transition out of the school-based support system; (2) research existing infrastructure for transitioning youth, including access to health care, continuing education programs, and community integration programs; and (3) develop a strategic plan for a Transition Navigator Grant Program to provide transitioning youth with support services. Requires the Secretary to establish a Transition Navigator Grant Program to award grants to provide services based on the strategic plan. Directs the Secretary to contract a third party to evaluate the effectiveness of grantees in meeting the goals of the strategic plan.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Foster Care Tax Credit Act''. SEC. 2. FOSTER CARE TAX CREDIT. (a) Allowance of Credit.-- (1) In general.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. FOSTER CARE TAX CREDIT. ``(a) Allowance of Credit.--With respect to each qualifying foster child of an eligible taxpayer, for each calendar month occurring during the taxable year that such child resides in the home of such taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to \1/12\ of the amount determined under subsection (b). ``(b) Amount Determined.-- ``(1) In general.--The amount determined under this subsection with respect to an eligible taxpayer and a taxable year is-- ``(A) $1,000, reduced by ``(B) $50 for each $1,000 (or fraction thereof) by which the eligible taxpayer's modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Threshold amount.--For purposes of paragraph (1), the term `threshold amount' has the meaning given such term by section 24(b)(2). ``(c) Qualifying Foster Child.--For purposes of this section, the term `qualifying foster child' means an eligible foster child (within the meaning of section 152(f)(1)(C)) of the eligible taxpayer-- ``(1) who has not attained age 17, ``(2) who is a citizen, national, or resident of the United States, ``(3) who resides in the home of the eligible taxpayer for not less than 1 calendar month during the taxable year, and ``(4) with respect to whom the credit under section 24 is not allowable to the eligible taxpayer or any other taxpayer who would be an eligible taxpayer but for paragraph (3) of subsection (d). ``(d) Eligible Taxpayer.--For purposes of this section, the term `eligible taxpayer' means any taxpayer, except that-- ``(1) no single household shall include more than 1 eligible taxpayer, ``(2) married individuals filing a joint return shall be treated as 1 eligible taxpayer, and ``(3) in the case of individuals not described in paragraph (2) who are members of the same household, only the taxpayer with the highest adjusted gross income for the taxable year shall be treated as an eligible taxpayer. ``(e) Calendar Month.--For purposes of this section, if a foster child resides in the home of the taxpayer for more than 15 consecutive days of a calendar month but fewer than the total number of days in such calendar month, such foster child shall be treated as residing in the home of the taxpayer for the full calendar month. ``(f) Portion of Credit Refundable.-- ``(1) In general.--The aggregate credits allowed to a taxpayer under subpart C shall be increased by the lesser of-- ``(A) the credit which would be allowed under this section without regard to this subsection and the limitation under section 26(a) (determined after any reduction of the credit under section 24(a) by reason of section 24(d)), or ``(B) the amount by which the aggregate amount of credits allowed by this subpart (determined without regard to this subsection, and after any reduction of the credit under section 24(a) by reason of section 24(d)) would increase if the limitation imposed by section 26(a) were increased by the greater of-- ``(i) 15 percent of so much of the taxpayer's earned income (within the meaning of section 32) which is taken into account in computing taxable income for the taxable year as exceeds $3,000, or ``(ii) in the case of a taxpayer with 3 or more qualifying foster children residing in the home of the taxpayer for all months in the taxable year (without regard to whether the same 3 children reside in the home of the taxpayer for all such months), the excess (if any) of-- ``(I) the taxpayer's social security taxes for the taxable year, over ``(II) the credit allowed under section 32 for the taxable year. The amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of credit otherwise allowable under subsection (a) without regard to section 26(a). For purposes of subparagraph (B), any amount excluded from gross income by reason of section 112 shall be treated as earned income which is taken into account in computing taxable income for the taxable year. ``(2) Social security taxes.--For purposes of paragraph (1), the term `social security taxes' has the same meaning as when used in section 24(d)(1). ``(g) Identification Requirements.-- ``(1) Qualifying child identification requirement.--No credit shall be allowed under this section to an eligible taxpayer with respect to any qualifying foster child unless the taxpayer includes the name and taxpayer identification number of such qualifying foster child on the return of tax for the taxable year and such taxpayer identification number was issued on or before the due date for filing such return. ``(2) Taxpayer identification requirement.--No credit shall be allowed under this section if the identifying number of the eligible taxpayer was issued after the due date for filing the return for the taxable year. ``(h) Restrictions on Taxpayers Who Improperly Claimed Credit in Prior Year.-- ``(1) Taxpayers making prior fraudulent or reckless claims.-- ``(A) In general.--No credit shall be allowed under this section for any taxable year in the disallowance period. ``(B) Disallowance period.--For purposes of subparagraph (A), the disallowance period is-- ``(i) the period of 10 taxable years after the most recent taxable year for which there was a final determination that the taxpayer's claim of credit under this section was due to fraud, and ``(ii) the period of 2 taxable years after the most recent taxable year for which there was a final determination that the taxpayer's claim of credit under this section was due to reckless or intentional disregard of rules and regulations (but not due to fraud). ``(2) Taxpayers making improper prior claims.--In the case of a taxpayer who is denied credit under this section for any taxable year as a result of the deficiency procedures under subchapter B of chapter 63, no credit shall be allowed under this section for any subsequent taxable year unless the taxpayer provides such information as the Secretary may require to demonstrate eligibility for such credit.''. (2) Conforming amendments.-- (A) Section 6211(b)(4) of the Internal Revenue Code of 1986 is amended by ``inserting 25E(f),'' before ``32,''. (B) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``25E,'' after ``25A,''. (C) The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Foster care tax credit.''. (b) Application of Tax Return Preparer Due Diligence Penalty.-- Section 6695(g) of the Internal Revenue Code of 1986 is amended by inserting ``25E,'' after ``25A(a)(1),''. (c) Effective Date.--The amendments made by this section shall apply to calendar months beginning after December 31, 2017, in taxable years beginning after such date. (d) Education.--The Secretary of Health and Human Services (or the Secretary's delegate), in coordination with the Secretary of the Treasury or such Secretary's delegate, shall identify provisions in the Internal Revenue Code of 1986 that can be used by or can benefit foster families, and shall increase outreach efforts to provide information and educational materials regarding such provisions to State and Indian tribal foster care agencies and to foster families.	Foster Care Tax Credit Act This bill amends the Internal Revenue Code to allow a partially refundable tax credit for each qualifying foster child who resides in the home of an eligible taxpayer for at least one calendar month during the taxable year. A "qualifying foster child" is a child in foster care who: (1) has not attained age 17; (2) is a citizen, national, or resident of the United States; and (3) with respect to whom the child tax credit is not allowable. In order to claim the credit, the name and taxpayer identification number of a foster child must be included on the taxpayer's tax return. No credit is allowed if the identification number of either the taxpayer or the qualifying child was issued after the due date for filing the return for the taxable year. The bill denies the tax credit to certain taxpayers who have made prior fraudulent or reckless claims for the credit within specified disallowance periods. The Department of Health and Human Services must identify provisions in the Internal Revenue Code that can benefit foster families and increase outreach efforts to inform state and Indian tribal foster care agencies and foster families about such provisions.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Boys Town Centennial Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Boys Town is a nonprofit organization dedicated to saving children and healing families, nationally headquartered in the village of Boys Town, Nebraska; (2) Father Flanagan's Boys Home, known as ``Boys Town'', was founded on December 12, 1917, by Servant of God Father Edward Flanagan; (3) Boys Town was created to serve children of all races and religions; (4) news of the work of Father Flanagan spread worldwide with the success of the 1938 movie, ``Boys Town''; (5) after World War II, President Truman asked Father Flanagan to take his message to the world, and Father Flanagan traveled the globe visiting war orphans and advising government leaders on how to care for displaced children; (6) Boys Town has grown exponentially, and now provides care to children and families across the country in 11 regions, including California, Nevada, Texas, Nebraska, Iowa, Louisiana, North Florida, Central Florida, South Florida, Washington, DC, New York, and New England; (7) the Boys Town National Hotline provides counseling to more than 150,000 callers each year; (8) the Boys Town National Research Hospital is a national leader in the field of hearing care and research of Usher Syndrome; (9) Boys Town programs impact the lives of more than 2,000,000 children and families across America each year; and (10) December 12th, 2017, will mark the 100th anniversary of Boys Town, Nebraska. SEC. 3. COIN SPECIFICATIONS. (a) $5 Gold Coins.--The Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall mint and issue not more than 50,000 $5 coins in commemoration of the centennial of the founding of Father Flanagan's Boys Town, each of which shall-- (1) weigh 8.359 grams; (2) have a diameter of 0.850 inches; and (3) contain 90 percent gold and 10 percent alloy. (b) $1 Silver Coins.--The Secretary shall mint and issue not more than 350,000 $1 coins in commemoration of the centennial of the founding of Father Flanagan's Boys Town, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (c) Half Dollar Clad Coins.--The Secretary shall mint and issue not more than 300,000 half dollar clad coins in commemoration of the centennial of the founding of Father Flanagan's Boys Town, each of which shall-- (1) weigh 11.34 grams; (2) have a diameter of 1.205 inches; and (3) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (d) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (e) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) In General.--The design of the coins minted under this Act shall be emblematic of the 100 years of Boys Town, one of the largest nonprofit child care agencies in the United States. (b) Designation and Inscriptions.--On each coin minted under this Act, there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2017''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the National Executive Director of Boys Town and the Commission of Fine Arts; and (2) reviewed by the Citizens of Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins under this Act only during the period beginning on January 1, 2017, and ending on December 31, 2018. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; and (2) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the Federal Government.	Boys Town Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 50,000 $5 gold coins, 350,000 $1 silver coins, and 300,000 half-dollar clad coins to commemorate the centennial of the founding of Father Flanagan's Boys Town. Requires the design of the coins to be emblematic of the 100 years of Boys Town, one of the largest nonprofit child care agencies in the United States. Permits issuance of such coins only between January 1, 2017, and December 31, 2018.
SECTION 1. INDIAN GAMING RESTRICTED. (a) Regulation of Class II Gaming.--Section 11(b) of the Act (25 U.S.C. 2710(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)-- (i) by inserting ``(i)'' after ``(A)''; (ii) in clause (i), as designated by clause (i) of this subparagraph, by striking ``any purpose'' and all that follows through ``law), and'' and inserting ``a commercial purpose by any person, organization or entity, or''; and (iii) by inserting after clause (i), as designated by clause (i) of this subparagraph, the following: ``(ii) such Indian gaming is for charitable purposes and is located within a State that permits such gaming for charitable purposes by a person, organization or entity,''; (B) by redesignating subparagraph (B) as subparagraph (D) and inserting the following: ``(B) such gaming is not otherwise specifically prohibited on Indian lands by Federal law, ``(C) permissible gaming is limited to the specific forms of, and methods of play for, gaming activities expressly authorized by the law of the State, and''; and (2) in paragraph (2)-- (A) in subparagraph (E), by striking ``and'' at the end; (B) in subparagraph (F), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(G) all gaming activities shall be conducted in conformity with those laws and regulations (if any) of the State regarding specific games allowed and methods of play, including, but not limited to, periods of operation, limitation on wagers, pot sizes, and losses.''. (b) Regulation of Class III Gaming.--Section 11(d)(1) of the Act (25 U.S.C. 2710(d)(1)) is amended-- (1) by amending subparagraph (B) to read as follows: ``(B) located in a State that permits such gaming for any purpose by any person, organization, or entity which conducts the authorized gaming activity as part of a commercial, for- profit business enterprise; except that a Tribal-State compact may permit any other class III gaming authorized by a State if conducted in accordance with State law;''; and (2) by redesignating subparagraph (C) as subparagraph (D) and inserting after subparagraph (B) the following new subparagraph: ``(C) limited to the specific forms of, and methods of play for, gaming activities expressly authorized by the law of the State; and''. SEC. 2. DEFINITION OF CLASS III GAMING. Section 4 of the Act (25 U.S.C. 2703) is amended-- (1) in paragraph (7)(A)(i), by inserting after ``therewith)'' the following: ``except video bingo''; and (2) in paragraph (8), by inserting before the period at the end the following: ``including, but not limited to, slot machines (as such term is defined in subsection (a)(1) of the first section of the Act of January 2, 1951 (Chapter 1194; 64 Stat. 1134)), electronic or electromechanical facsimiles of any game of chance, and any and all forms of electronic video games or devices, such as video bingo, video pull-tabs, video keno, and video blackjack''. SEC. 3. COMPACT NEGOTIATION. (a) Burden of Proof.--Section 11(d)(7)(B)(ii) of the Act (25 U.S.C. 2710(d)(7)(B)(ii)) is amended by striking ``burden of proof shall be upon the State to prove that the State'' and inserting ``burden of proof shall be upon the Indian tribe to prove that the State''. (b) Certain Evidence.--Section 11(d)(7)(B)(iii) of the Act (25 U.S.C. 2710(d)(7)(B)(iii)) is amended-- (1) in subclause (I), by striking ``, and'' and inserting a semicolon; (2) in subclause (II), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(III) except as provided in clause (ii), shall not consider as evidence that the State has not negotiated in good faith a demand by the State that the gaming activities contemplated by the compact be conducted on the same basis as gaming activities which may be conducted by any other person or entity under the terms of relevant State law.''. SEC. 4. NATIONAL INDIAN GAMING COMMISSION. (a) Additional Members.--Section 5(b)(1) of the Act (25 U.S.C. 2704(b)(1)) is amended-- (1) in the material preceding subparagraph (A), by striking ``three'' and inserting ``five''; (2) in subparagraph (A), by striking ``and''; (3) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(C) two associate members who shall be appointed by the President, with the advice and consent of the Senate, from among State officials.''. (b) Composition.--Section 5(b)(3) of the Act (25 U.S.C. 2704(b)(3)) is amended in the first sentence by striking ``two'' and inserting ``three''. (c) Quorum.--Section 5(d) of the Act (25 U.S.C. 2704(d)) is amended by striking ``two'' and inserting ``three''. (d) Effective Date; Transition Rules.--(1) Except as required for paragraph (2), the amendments made by this section shall take effect at the end of the 90-day period beginning on the date of enactment of this Act and shall apply with respect to any action taken by the National Indian Gaming Commission after the end of such period. (2) Not later than 90 days after the date of enactment of this Act, the President shall make the initial appointments of the associate members of the National Indian Gaming Commission, as required by the amendments made by subsection (a) of this section, in accordance with the Indian Gaming Regulatory Act, as amended by this Act. SEC. 5. GAMING ON AFTER ACQUIRED LANDS. Section 20(b)(1)(A) of the Act (25 U.S.C. 2719(b)(1)(A)) is amended-- (1) by striking ``and appropriate State and local officials, including officials of other nearby Indian tribes,'' and inserting the following: ``, appropriate State and local officials (including officials of other nearby Indian tribes), and officials of other nearby communities (including communities across State borders that would be directly affected by gaming conducted on such lands),''; and (2) by striking ``community'' and inserting ``communities (including communities across State borders that would be directly affected by gaming conducted on such lands)''.	Amends the Indian Gaming Regulatory Act to revise conditions for regulation of certain types of gaming activities on Indian lands. Revises such conditions with respect to the regulation of Class II and Class III gaming activities to specify that these shall be limited to the specific forms of, and methods of play for, those gaming activities expressly authorized by the law of the State. Excludes video bingo from the definition of class II gaming. Includes video bingo, and any other forms of electronic video games or devices, as well as slot machines, within the definition of class III gaming. Shifts the burden of proof from a State to an Indian tribe in a compact negotiation-related action initiated by a tribe. Increases the membership of the National Indian Gaming Commission. Includes, under provisions for determining whether gaming activities on newly acquired Indian lands are to be allowed, consideration of communities across State borders that would be seriously affected, as well as consultation with officials of such communities.
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Small Business Regulatory Assistance Act of 2003''. SEC. 2. PURPOSE. The purpose of this Act is to establish a program to-- (1) provide confidential assistance to small business concerns; (2) provide small business concerns with the information necessary to improve their rate of compliance with Federal and State regulations; (3) create a partnership among Federal agencies to increase outreach efforts to small business concerns with respect to regulatory compliance; (4) provide a mechanism for unbiased feedback to Federal agencies on the regulatory environment for small business concerns; and (5) utilize the service delivery network of Small Business Development Centers to improve access of small business concerns to programs to assist them with regulatory compliance. SEC. 3. DEFINITIONS. In this Act, the definitions set forth in section 36(a) of the Small Business Act (as added by section 4 of this Act) shall apply. SEC. 4. SMALL BUSINESS REGULATORY ASSISTANCE PROGRAM. The Small Business Act (15 U.S.C. 637 et seq.) is amended-- (1) by redesignating section 36 as section 37; and (2) by inserting after section 35 the following new section: ``SEC. 36. SMALL BUSINESS REGULATORY ASSISTANCE PROGRAM. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Administrator.--The term `Administrator' means the Administrator of the Small Business Administration, acting through the Associate Administrator for Small Business Development Centers. ``(2) Association.--The term `Association' means the association recognized by the Administrator of the Small Business Administration under section 21(a)(3)(A). ``(3) Participating small business development center.--The term `participating Small Business Development Center' means a Small Business Development Center participating in the program. ``(4) Program.--The term `program' means the regulatory assistance program established under this section. ``(5) Regulatory compliance assistance.--The term `regulatory compliance assistance' means assistance provided by a Small Business Development Center to a small business concern to enable the concern to comply with Federal regulatory requirements. ``(6) Small business development center.--The term `Small Business Development Center' means a Small Business Development Center described in section 21. ``(7) State.--The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam. ``(b) Authority.--In accordance with this section, the Administrator shall establish a program to provide regulatory compliance assistance to small business concerns through participating Small Business Development Centers, the Association, and Federal compliance partnership programs. ``(c) Small Business Development Centers.-- ``(1) In general.--In carrying out the program, the Administrator shall enter into arrangements with participating Small Business Development Centers under which such centers will provide-- ``(A) access to information and resources, including current Federal and State nonpunitive compliance and technical assistance programs similar to those established under section 507 of the Clean Air Act Amendments of 1990; ``(B) training and educational activities; ``(C) confidential, free-of-charge, one-on-one, in- depth counseling to the owners and operators of small business concerns regarding compliance with Federal and State regulations, provided that such counseling is not considered to be the practice of law in a State in which a Small Business Development Center is located or in which such counseling is conducted; ``(D) technical assistance; and ``(E) referrals to experts and other providers of compliance assistance who meet such standards for educational, technical, and professional competency as are established by the Administrator. ``(2) Reports.-- ``(A) In general.--Each participating Small Business Development Center shall transmit to the Administrator a quarterly report that includes-- ``(i) a summary of the regulatory compliance assistance provided by the center under the program; and ``(ii) any data and information obtained by the center from a Federal agency regarding regulatory compliance that the agency intends to be disseminated to small business concerns. ``(B) Electronic form.--Each report referred to in subparagraph (A) shall be transmitted in electronic form. ``(C) Interim reports.--A participating Small Business Development Center may transmit to the Administrator such interim reports as the center considers appropriate. ``(D) Limitation on disclosure requirements.--The Administrator may not require a Small Business Development Center to disclose the name or address of any small business concern that received or is receiving assistance under the program, except that the Administrator shall require such a disclosure if ordered to do so by a court in any civil or criminal action. ``(d) Data Repository and Clearinghouse.-- ``(1) In general.--In carrying out the program, the Administrator shall-- ``(A) act as the repository of and clearinghouse for data and information submitted by Small Business Development Centers; and ``(B) transmit to the President, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives an annual report that includes-- ``(i) a description of the types of assistance provided by participating Small Business Development Centers under the program; ``(ii) data regarding the number of small business concerns that contacted participating Small Business Development Centers regarding assistance under the program; ``(iii) data regarding the number of small business concerns assisted by participating Small Business Development Centers under the program; ``(iv) data and information regarding outreach activities conducted by participating Small Business Development Centers under the program, including any activities conducted in partnership with Federal agencies; ``(v) data and information regarding each case known to the Administrator in which one or more Small Business Development Centers offered conflicting advice or information regarding compliance with a Federal or State regulation to one or more small business concerns; ``(vi) any recommendations for improvements in the regulation of small business concerns; and ``(vii) a list of regulations identified by the Administrator, after consultation with the Small Business and Agriculture Regulatory Enforcement Ombudsman, as being most burdensome to small business concerns, and recommendations to reduce or eliminate the burdens of such regulations. ``(e) Eligibility.-- ``(1) In general.--A Small Business Development Center shall be eligible to receive assistance under the program only if the center is certified under section 21(k)(2). ``(2) Waiver.-- With respect to a Small Business Development Center seeking assistance under the program, the administrator may waive the certification requirement set forth in paragraph (1) if the Administrator determines that the center is making a good faith effort to obtain such certification. ``(3) Effective date.--The restriction described in paragraph (1) shall not apply to any Small Business Development Center before October 1, 2003. ``(f) Selection of Participating State Programs.-- ``(1) Establishment of program.--In consultation with the Association and giving substantial weight to the Association's recommendations, the Administrator shall select the Small Business Development Center programs of 2 States from each of the following groups of States to participate in the program: ``(A) Group 1: Maine, Massachusetts, New Hampshire, Connecticut, Vermont, and Rhode Island. ``(B) Group 2: New York, New Jersey, Puerto Rico, and the Virgin Islands. ``(C) Group 3: Pennsylvania, Maryland, West Virginia, Virginia, the District of Columbia, and Delaware. ``(D) Group 4: Georgia, Alabama, North Carolina, South Carolina, Mississippi, Florida, Kentucky, and Tennessee. ``(E) Group 5: Illinois, Ohio, Michigan, Indiana, Wisconsin, and Minnesota. ``(F) Group 6: Texas, New Mexico, Arkansas, Oklahoma, and Louisiana. ``(G) Group 7: Missouri, Iowa, Nebraska, and Kansas. ``(H) Group 8: Colorado, Wyoming, North Dakota, South Dakota, Montana, and Utah. ``(I) Group 9: California, Guam, Hawaii, Nevada, and Arizona. ``(J) Group 10: Washington, Alaska, Idaho, and Oregon. ``(2) Deadline for initial selections.--The Administrator shall make selections under paragraph (1) not later than 60 days after promulgation of regulations under section 5 of the National Small Business Regulatory Assistance Act of 2003. ``(3) Additional selections.--Not earlier than the date 3 years after the date of the enactment of this paragraph, the Administrator may select Small Business Development Center programs of States in addition to those selected under paragraph (1). The Administrator shall consider the effect on the programs selected under paragraph (1) before selecting additional programs under this paragraph. ``(4) Coordination to avoid duplication with other programs.--In selecting programs under this subsection, the Administrator shall give a preference to Small Business Development Center programs that have a plan for consulting with Federal and State agencies to ensure that any assistance provided under this section is not duplicated by an existing Federal or State program. ``(g) Matching not Required.--Subparagraphs (A) and (B) of section 21(a)(4) shall not apply to assistance made available under the program. ``(h) Distribution of Grants.-- ``(1) In general.--Except as provided in paragraph (2), each State program selected to receive a grant under subsection (f) in a fiscal year shall be eligible to receive a grant in an amount not to exceed the product obtained by multiplying-- ``(A) the amount made available for grants under this section for the fiscal year; and ``(B) the ratio that-- ``(i) the population of the State; bears to ``(ii) the population of all the States with programs selected to receive grants under subsection (f) for the fiscal year. ``(2) Minimum amount.--The minimum amount that a State program selected to receive a grant under subsection (f) shall be eligible to receive under this section for any fiscal year shall be $200,000. The Administrator shall reduce the amount described in paragraph (1) as appropriate to carry out the purposes of this paragraph and subsection (j)(2). ``(i) Evaluation and Report.--Not later than 3 years after the establishment of the program, the Comptroller General of the United States shall conduct an evaluation of the program and shall transmit to the Administrator, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report containing the results of the evaluation along with any recommendations as to whether the program, with or without modification, should be extended to include the participation of all Small Business Development Centers. ``(j) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2003 and each fiscal year thereafter. ``(2) Limitation on use of other funds.--The Administrator may carry out the program only with amounts appropriated in advance specifically to carry out this section.''. SEC. 5. PROMULGATION OF REGULATIONS. After providing notice and an opportunity for comment and after consulting with the Association (but not later than 180 days after the date of the enactment of this Act), the Administrator shall promulgate final regulations to carry out this Act, including regulations that establish-- (1) priorities for the types of assistance to be provided under the program; (2) standards relating to educational, technical, and support services to be provided by participating Small Business Development Centers; (3) standards relating to any national service delivery and support function to be provided by the Association under the program; (4) standards relating to any work plan that the Administrator may require a participating Small Business Development Center to develop; and (5) standards relating to the educational, technical, and professional competency of any expert or other assistance provider to whom a small business concern may be referred for compliance assistance under the program. SEC. 6. PRIVACY REQUIREMENTS APPLICABLE TO SMALL BUSINESS DEVELOPMENT CENTERS. Section 21(c) of the Small Business Act (15 U.S.C. 648(c)) is amended by adding at the end the following: ``(9) Privacy requirements.-- ``(A) In general.--No Small Business Development Center, consortium of Small Business Development Centers, or contractor or agent of a Small Business Development Center shall disclose the name or address of any individual or small business concern receiving assistance under this section without the consent of such individual or small business concern, except that-- ``(i) the Administrator shall require such disclosure if ordered to do so by a court in any civil or criminal action; and ``(ii) if the Administrator considers it necessary while undertaking a financial audit of a Small Business Development Center, the Administrator shall require such disclosure for the sole purpose of undertaking such audit. ``(B) Regulations.-- The Administrator shall issue regulations to establish standards for requiring disclosures during a financial audit under subparagraph (a)(ii).''. Passed the House of Representatives April 8, 2003. Attest: JEFF TRANDAHL, Clerk.	(This measure has not been amended since it was introduced in the House on January 7, 2003. However, because action occurred on the measure, the summary has been expanded.)National Small Business Regulatory Assistance Act of 2003 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA), acting through the Associate Administrator for Small Business Development Centers, to establish a program to provide regulatory compliance assistance to small businesses through participating Small Business Development Centers (Centers), the Association for Small Business Development Centers (Association), and Federal compliance partnership programs. Requires the Administrator to enter into arrangements with participating Centers to provide: (1) access to regulatory information and resources; (2) training and education activities; (3) confidential counseling to owners and operators of small businesses regarding compliance with Federal and State regulations; (4) technical assistance; and (5) referrals to experts and other providers of compliance assistance. Requires quarterly reports to the SBA from participating Centers.Directs the Administrator to act as the repository of and clearinghouse for data and information submitted by Centers and to transmit annual program reports to the President and the congressional small business committees.Requires the Administrator, giving substantial weight to the Association's recommendations, to select the Centers programs of two States from each of ten groups of States for participation in the program. Authorizes the Administrator to make additional selections after three years. Directs the Administrator to give selection preference to programs that have a plan for consulting with Federal and State agencies to ensure that assistance provided under this Act is not duplicated by any other Federal or State program. Sets forth the formula for determining program grant amounts.Requires the Comptroller General to evaluate the program and transmit evaluation results to the Administrator and the small business committees.Authorizes appropriations.Provides privacy requirements applicable to such Centers.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Telework Tax Incentive Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Federal, State and local governments spend billions of dollars annually on the Nation's transportation needs. (2) Congestion on the Nation's roads resulted in costs of over $87,000,000 in 2007, in extra time and fuel used, to drivers in the Nation's 439 urban areas, an increase of more than 50 percent over the previous decade. (3) On average, on-road-vehicles contributed 31.9 percent of nitrogen oxide emissions in 2008. (4) It was recently reported that if the 40 percent of United States workers who have jobs that are compatible with teleworking worked at home half of the time, that would save 450 million barrels of oil, reduce greenhouse gases by 84 million tons, and reduce highway maintenance costs by over $3 billion annually. (5) The average American daily commute is 51 minutes for a round-trip (a total of 204 hours, or 8.5 days, per year.) (6) The National Science Foundation found that teleworking increased employee productivity by 87 percent and the Census Bureau reported that 73 percent of teleworkers felt they accomplished more work on telework days than when they were in the office. (7) In 2003, 77 million workers used a computer at work, accounting for 55.5 percent of total employment. (8) In recent years, studies performed in the United States have shown a marked expansion of teleworking, with 76 percent of private sector employers now providing technical support for remote workers, an increase of 27 percent over 2007. 56 percent of Federal IT professionals indicated that their agencies provide technical support for teleworkers. SEC. 3. CREDIT FOR TELEWORKING. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30E. TELEWORKING CREDIT. ``(a) Allowance of Credit.--In the case of an eligible taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified teleworking expenses paid or incurred by the taxpayer during such year. ``(b) Maximum Credit.-- ``(1) Per teleworker limitation.--The credit allowed by subsection (a) for a taxable year with respect to qualified teleworking expenses paid or incurred by or on behalf of an individual teleworker shall not exceed $1,000. ``(2) Reduction for teleworking less than full year.--In the case of an individual who is in a teleworking arrangement for less than a full taxable year, the amount referred to in paragraph (1) shall be reduced by an amount which bears the same ratio to $1,000 as the number of months in which such individual is not in a teleworking arrangement bears to 12. For purposes of the preceding sentence, an individual shall be treated as being in a teleworking arrangement for a month if the individual is subject to such arrangement for any day of such month. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible taxpayer.--The term `eligible taxpayer' means-- ``(A) in the case of an individual, an individual who performs services for an employer under a teleworking arrangement, and ``(B) in the case of an employer, an employer for whom employees perform services under a teleworking arrangement. ``(2) Teleworking arrangement.--The term `teleworking arrangement' means an arrangement under which an employee teleworks for an employer not less than 75 days per year. ``(3) Qualified teleworking expenses.--The term `qualified teleworking expenses' means expenses paid or incurred under a teleworking arrangement for furnishings and electronic information equipment which are used to enable an individual to telework. ``(4) Telework.--The term `telework' means to perform work functions, using electronic information and communication technologies, thereby reducing or eliminating the physical commute to and from the traditional worksite. ``(d) Limitation Based on Amount of Tax.-- ``(1) Liability for tax.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(2) Carryforward of unused credit.--If the amount of the credit allowable under subsection (a) for any taxable year exceeds the limitation under paragraph (1) for the taxable year, the excess shall be carried to the succeeding taxable year and added to the amount allowable as a credit under subsection (a) for such succeeding taxable year. ``(e) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (d)). ``(2) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ``(3) Property used outside united states, etc., not qualified.--No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. ``(4) Election to not take credit.--No credit shall be allowed under subsection (a) for any expense if the taxpayer elects to not have this section apply with respect to such expense. ``(5) Denial of double benefit.--No deduction or credit (other than under this section) shall be allowed under this chapter with respect to any expense which is taken into account in determining the credit under this section.''. (b) Technical Amendment.--Subsection (a) of section 1016 of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``; and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 30E(e), in the case of amounts with respect to which a credit has been allowed under section 30E.''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 30E. Teleworking credit.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act, in taxable years ending after such date.	Telework Tax Incentive Act - Amends the Internal Revenue Code to allow an employer or an employee a tax credit, up to $1,000 per year, for teleworking expenses incurred by or on behalf of a teleworking employee under an arrangement whereby such employee teleworks not less than 75 days per year.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Naugatuck River Valley National Heritage Area Study Act''. SEC. 2. NATIONAL PARK SERVICE STUDY REGARDING NAUGATUCK RIVER VALLEY, CONNECTICUT. (a) Findings.--Congress finds the following: (1) The area that encompasses the Naugatuck River Valley of Connecticut has made a unique contribution to the cultural, political, and industrial development of the United States. (2) The Naugatuck River Valley is comprised of 14 communities along the Naugatuck River, which stretches for more than 40 miles from its headwaters in Torrington, Connecticut, to the confluence with the Housatonic River in Shelton. The 14 municipalities of Torrington, Harwinton, Litchfield, Plymouth/ Terryville, Thomaston, Waterbury, Watertown, Ansonia, Beacon Falls, Derby, Naugatuck, Oxford, Seymour, and Shelton, share common historical elements, agricultural, trade, and maritime origins, similar architecture, common industries, an immigrant culture succeeding colonial beginnings, and a significant contribution to the war effort from the Revolutionary War to World War II. Most of these elements are still in evidence today. (3) Three major industries drove the manufacturing contribution of the Valley. As evidenced in the book, The Brass Industry in the United States, by William Lathrop, the brass industry was born in Connecticut's Naugatuck River Valley and harnessed the power of the Naugatuck River and the skilled immigrant workers who arrived from Germany, Ireland, Italy, and Poland. (4) The Naugatuck River Valley also spawned the birth of the rubber industry in the United States when Charles Goodyear developed the vulcanization process in 1839. Together with Samuel Lewis, a wealthy industrialist from Naugatuck, Connecticut, Goodyear parlayed his innovation into establishing the U.S. Rubber Company, making Naugatuck the rubber capital of the world. (5) The Naugatuck River Valley was also a major contributor to the success of the United States clock industry. Eli Terry designed interchangeable parts for his clocks assembled in Terryville. Renowned clockmaker Seth Thomas began making the first of millions of clocks in Thomaston, Connecticut, in 1813. His company continued until 1931 when it became a division of General Time Corporation (Timex). Other important industries included pens, evaporated milk, pianos and organs, corset stays, and cables. (6) The Naugatuck River Valley has been a major contributor to the United States war efforts from the American Revolution to the Civil War to World War II. In the 2007 PBS film ``The War'', the story of World War II directed and produced by Ken Burns and Lynn Novick, the City of Waterbury, Connecticut, was characterized as the ``arsenal'' of the war effort because of its high concentration of war industries. (7) The Naugatuck River Valley has been home to many great authors, diplomats, inventors and patriots, such as David Humphreys, Aide-de-Camp to General George Washington and the first American ambassador; Commodore Isaac Hull, Commander of ``Old Ironsides'' during the War of 1812; Ebenezer D. Bassett, the country's first Black ambassador; Dr. John Howe, inventor of a pin making machine that made the common pin a household necessity; and Pierre Lallement, inventor of the modern two- wheel bicycle. (8) The Naugatuck River Valley possesses a rich and diverse assemblage of architecturally significant civic, industrial and residential structures and monuments dating from Colonial times to the present. There are 88 structures in the Naugatuck Valley included on the National Register of Historic Places. The first law school in America was built in Litchfield. Notable examples of the variety of architecture found in the Valley include Robert Wakeman Hill's brilliantly designed Thomaston Opera House and Town Hall; H.E. Ficken's acoustically impressive Sterling Opera House in Derby, site of appearances by many nationally known performers; Waterbury's Clock Tower, designed by the renowned architectural firm of McKim, Mead & White which also designed four buildings in Naugatuck; Henry Bacon, designer of the Lincoln Memorial and two structures in Naugatuck; and the Father McGivney Statue cast by Joseph Coletti of Boston to honor the Waterburian who founded the Knights of Columbus. (9) The Naugatuck River Valley has been a melting pot for immigrant populations who have made significant contributions to the industrial, cultural, and economic development of the nation. (10) In 2011, the Naugatuck River Greenway was designated one of 101 projects nationwide selected by the Secretary of the Interior under the America's Great Outdoors Initiative. This multi-sector partnership aims to restore and enhance the river by completing the Naugatuck River Greenway, creating new public access to the river, and opening fish passages on the river. (11) The Naugatuck River Valley possesses a group of public-spirited citizens dedicated to the preservation and promotion of the region's natural, historic, and cultural heritage, and a passionate resolve to work together for the betterment of the Valley and its residents. (b) Study.-- (1) In general.--The Secretary of the Interior shall, in consultation with the State of Connecticut and appropriate organizations, carry out a study regarding the suitability and feasibility of establishing the Naugatuck River Valley National Heritage Area in Connecticut. (2) Contents.--The study shall include analysis and documentation regarding whether the Study Area-- (A) has an assemblage of natural, historic, and cultural resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use, and are best managed through partnerships among public and private entities and by combining diverse and sometimes noncontiguous resources and active communities; (B) reflects traditions, customs, beliefs, and folklife that are a valuable part of the national story; (C) provides outstanding opportunities to conserve natural, historic, cultural, or scenic features; (D) provides outstanding recreational and educational opportunities; (E) contains resources important to the identified theme or themes of the Study Area that retain a degree of integrity capable of supporting interpretation; (F) includes residents, business interests, nonprofit organizations, and local and State governments that are involved in the planning, have developed a conceptual financial plan that outlines the roles for all participants, including the Federal Government, and have demonstrated support for the concept of a national heritage area; (G) has a potential management entity to work in partnership with residents, business interests, nonprofit organizations, and local and State governments to develop a national heritage area consistent with continued local and State economic activity; and (H) has a conceptual boundary map that is supported by the public. (c) Boundaries of the Study Area.--The Study Area shall be comprised of sites in Torrington, Harwinton, Litchfield, Plymouth/ Terryville, Thomaston, Waterbury, Watertown, Ansonia, Beacon Falls, Derby, Naugatuck, Oxford, Seymour, and Shelton, Connecticut. (d) Submission of Study Results.--Not later than 3 years after funds are first made available for this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the study.	Naugatuck River Valley National Heritage Area Study Act This bill directs the Department of the Interior to carry out a study on the suitability and feasibility of establishing the Naugatuck River Valley National Heritage Area in Connecticut.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Quality Nursing Care Act of 2005''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) There are hospitals throughout the United States that have inadequate staffing of registered nurses to protect the well-being and health of the patients. (2) Studies show that the health of patients in hospitals is directly proportionate to the number of registered nurses working in the hospital. (3) There is a critical shortage of registered nurses in the United States. (4) The effect of that shortage is revealed in unsafe staffing levels in hospitals. (5) Patient safety is adversely affected by these unsafe staffing levels, creating a public health crisis. (6) Registered nurses are being required to perform professional services under conditions that do not support quality health care or a healthful work environment for registered nurses. (7) As a payer for inpatient and outpatient hospital services for individuals entitled to benefits under the program established under title XVIII of the Social Security Act, the Federal Government has a compelling interest in promoting the safety of such individuals by requiring any hospital participating in such program to establish minimum safe staffing levels for registered nurses. SEC. 3. ESTABLISHMENT OF MINIMUM STAFFING RATIOS BY MEDICARE PARTICIPATING HOSPITALS. (a) Requirement of Medicare Provider Agreement.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (U); (2) by striking the period at the end of subparagraph (V) and inserting ``, and''; and (3) by inserting after subparagraph (V) and before the end matter the following: ``(W) in the case of a hospital-- ``(i) to adopt and implement a staffing system that meets the requirements of section 1898; ``(ii) to meet the requirements of such section relating to-- ``(I) records maintenance; ``(II) data collection; and ``(III) data submission; and ``(iii) to meet the requirements of such section relating to non-discrimination and retaliation.''. (b) Requirements.--Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following: ``staffing requirements for medicare participating hospitals ``Sec. 1898. (a) Establishment of Staffing System.--Each participating hospital shall adopt and implement a staffing system that ensures a number of registered nurses on each shift and in each unit of the hospital to ensure appropriate staffing levels for patient care. A staffing system adopted and implemented under this section shall-- ``(1) be developed on the basis of input from the direct care-giving registered nurse staff or, where nurses are represented, with the applicable recognized or certified collective bargaining representatives of the registered nurses; ``(2) be based upon the number of patients and the level and variability of intensity of care to be provided, with appropriate consideration given to admissions, discharges and transfers during each shift; ``(3) account for contextual issues affecting staffing and the delivery of care, including architecture and geography of the environment and available technology; ``(4) reflect the level of preparation and experience of those providing care; ``(5) account for staffing level effectiveness or deficiencies in related health care classifications, including but not limited to, certified nurse assistants, licensed vocational nurses, licensed psychiatric technicians, nursing assistants, aides and orderlies; ``(6) reflect staffing levels recommended by specialty nursing organizations; ``(7) subject to subsection (b), establish upwardly adjustable registered nurse-to-patient ratios based upon registered nurses' assessment of patient acuity and existing conditions; ``(8) provide that a registered nurse shall not be assigned to work in a particular unit without first having established the ability to provide professional care in such unit; and ``(9) be based on methods that assure validity and reliability. ``(b) Limitation.--A staffing system adopted and implemented pursuant to subsection (a) may not-- ``(1) set registered-nurse levels below those required by any Federal or State law or regulation; or ``(2) utilize any minimum registered nurse-to-patient ratio established pursuant to subsection (a)(7) as an upper limit on the staffing of the hospital to which such ratio applies. ``(c) Reporting, and Release to Public, of Certain Staffing Information.-- ``(1) Requirements for hospitals.--Each participating hospital shall-- ``(A) post daily for each shift, in a clearly visible place, a document that specifies in a uniform manner (as prescribed by the Secretary) the current number of licensed and unlicensed nursing staff directly responsible for patient care in each unit of the hospital, identifying specifically the number of registered nurses; ``(B) upon request, make available to the public-- ``(i) the nursing staff information described in subparagraph (A); and ``(ii) a detailed written description of the staffing system established by the hospital pursuant to subsection (a); and ``(C) submit to the Secretary in a uniform manner (as prescribed by the Secretary) the nursing staff information described in subparagraph (A) through electronic data submission not less frequently than quarterly. ``(2) Secretarial responsibilities.--The Secretary shall-- ``(A) make the information submitted pursuant to paragraph (1)(C) publicly available, including by publication of such information on the Internet site of the Department of Health and Human Services; and ``(B) provide for the auditing of such information for accuracy as a part of the process of determining whether an institution is a hospital for purposes of this title. ``(d) Record-Keeping; Data Collection; Evaluation.-- ``(1) Record-keeping.--Each participating hospital shall maintain for a period of at least 3 years (or, if longer, until the conclusion of pending enforcement activities) such records as the Secretary deems necessary to determine to whether the hospital has adopted and implemented a staffing system pursuant to subsection (a). ``(2) Data collection on certain outcomes.--The Secretary shall require the collection, maintenance, and submission of data by each participating hospital sufficient to establish the link between the staffing system established pursuant to subsection (a) and-- ``(A) patient acuity from maintenance of acuity data through entries on patients' charts; ``(B) patient outcomes that are nursing sensitive, such as patient falls, adverse drug events, injuries to patients, skin breakdown, pneumonia, infection rates, upper gastrointestinal bleeding, shock, cardiac arrest, length of stay, and patient re-admissions; ``(C) operational outcomes, such as work-related injury or illness, vacancy and turnover rates, nursing care hours per patient day, on-call use, overtime rates, and needle-stick injuries; and ``(D) patient complaints related to staffing levels. ``(3) Evaluation.--Each participating hospital shall annually evaluate its staffing system and established minimum registered nurse staffing ratios to assure on-going reliability and validity of the system and ratios. The evaluation shall be conducted by a joint management-staff committee comprised of at least 50 percent of registered nurses who provide direct patient care and where nurses are represented, with the involvement of the applicable recognized or certified collective bargaining representatives of the registered nurses. ``(e) Enforcement.-- ``(1) Responsibility.--The Secretary shall enforce the requirements and prohibitions of this section. ``(2) Procedures for receiving and investigating complaints.--The Secretary shall establish procedures under which-- ``(A) any person may file a complaint that a participating hospital has violated a requirement or a prohibition of this section; and ``(B) such complaints are investigated by the Secretary. ``(3) Remedies.--If the Secretary determines that a participating hospital has violated a requirement of this section, the Secretary-- ``(A) shall require the facility to establish a corrective action plan to prevent the recurrence of such violation; and ``(B) may impose civil money penalties under paragraph (4). ``(4) Civil money penalties.-- ``(A) In general.--In addition to any other penalties prescribed by law, the Secretary may impose a civil money penalty of not more than $10,000 for each knowing violation of a requirement of this section, except that the Secretary shall impose a civil money penalty of more than $10,000 for each such violation in the case of a participating hospital that the Secretary determines has a pattern or practice of such violations (with the amount of such additional penalties being determined in accordance with a schedule or methodology specified in regulations). ``(B) Procedures.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A. ``(C) Public notice of violations.-- ``(i) Internet site.--The Secretary shall publish on the Internet site of the Department of Health and Human Services the names of participating hospitals on which civil money penalties have been imposed under this section, the violation for which the penalty was imposed, and such additional information as the Secretary determines appropriate. ``(ii) Change of ownership.--With respect to a participating hospital that had a change in ownership, as determined by the Secretary, penalties imposed on the hospital while under previous ownership shall no longer be published by the Secretary of such Internet site after the 1-year period beginning on the date of change in ownership. ``(f) Whistle-Blower Protections.-- ``(1) Prohibition of discrimination and retaliation.--A participating hospital shall not discriminate or retaliate in any manner against any patient or employee of the hospital because that patient or employee, or any other person, has presented a grievance or complaint, or has initiated or cooperated in any investigation or proceeding of any kind, relating to the staffing system or other requirements and prohibitions of this section. ``(2) Relief for prevailing employees.--An employee of a participating hospital who has been discriminated or retaliated against in employment in violation of this subsection may initiate judicial action in a United States District Court and shall be entitled to reinstatement, reimbursement for lost wages and work benefits caused by the unlawful acts of the employing hospital. Prevailing employees are entitled to reasonable attorney's fees and costs associated with pursuing the case. ``(3) Relief for prevailing patients.--A patient who has been discriminated or retaliated against in violation of this subsection may initiate judicial action in a United States District Court. A prevailing patient shall be entitled to liquidated damages of $5,000 for a violation of this statute in addition to any other damages under other applicable statutes, regulations or common law. Prevailing patients are entitled to reasonable attorney's fees and costs associated with pursuing the case. ``(4) Limitation on actions.--No action may be brought under paragraph (2) or (3) more than 2 years after the discrimination or retaliation with respect to which the action is brought. ``(5) Treatment of adverse employment actions.--For purposes of this subsection-- ``(A) an adverse employment action shall be treated as `retaliation or discrimination'; and ``(B) an adverse employment action includes-- ``(i) the failure to promote an individual or provide any other employment-related benefit for which the individual would otherwise be eligible; ``(ii) an adverse evaluation or decision made in relation to accreditation, certification, credentialing, or licensing of the individual; and ``(iii) a personnel action that is adverse to the individual concerned. ``(g) Rules of Construction.-- ``(1) Relationship to state laws.--Nothing in this section shall be construed as exempting or relieving any person from any liability, duty, penalty, or punishment provided by any present or future law of any State or political subdivision of a State, other than any such law which purports to require or permit the doing of any act which would be an unlawful practice under this title. ``(2) Relationship to conduct prohibited under the national labor relations act.--Nothing in this section shall be construed as permitting conduct prohibited under the National Labor Relations Act or under any other federal, State, or local collective bargaining law. ``(h) Regulations.--The Secretary shall promulgate such regulations as are appropriate and necessary to implement this Act. ``(i) Definitions.--For purposes of this section-- ``(1) the term `participating hospital' means a hospital that has entered into a provider agreement under section 1866; ``(2) the term `registered nurse' means an individual who has been granted a license to practice as a registered nurse in at least one State; ``(3) the term `unit' of a hospital is an organizational department or separate geographic area of a hospital, such as a burn unit, a labor and delivery room, a post-anesthesia service area, an emergency department, an operating room, a pediatric unit, a step-down or intermediate care unit, a specialty care unit, a telemetry unit, a general medical care unit, a subacute care unit, and a transitional inpatient care unit; ``(4) a `shift' is a scheduled set of hours or duty period to be worked at a participating hospital; and ``(5) a `person' includes one or more individuals, associations, corporations, unincorporated organizations or labor unions.''. (c) Effective Date.--The amendments made by this section shall become effective on January 1, 2006.	Quality Nursing Care Act of 2005 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to require that each participating hospital adopt and implement a staffing system that ensures a number of registered nurses on each shift and in each unit of the hospital to ensure appropriate staffing levels for patient care. Outlines whistle-blower protections.
SECTION 1. SHORT TITLE. This Act may be cited as the ``International Narcotics Control Corrections Act of 1994''. SEC. 2. AMENDMENTS TO THE FOREIGN ASSISTANCE ACT OF 1961. (a) Use of Herbicides for Aerial Eradication.--Section 481(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(d)) is amended-- (1) by striking paragraph (2); and (2) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (b) Definitions.--Section 481(e) of that Act (22 U.S.C. 2291(e)) is amended-- (1) in the matter preceding paragraph (1), by striking ``Except as provided in sections 490(h) and (i) with respect to the definition of major illicit drug producing country and major drug-transit country, for'' and inserting ``For''; (2) by amending paragraph (2) to read as follows: ``(2) the term `major illicit drug producing country' means a country in which -- ``(A) 1,000 hectares or more of illicit opium poppy is cultivated or harvested during a year; ``(B) 1,000 hectares or more of illicit coca is cultivated or harvested during a year; or ``(C) 5,000 hectares or more of illicit cannabis is cultivated or harvested during a year, unless the President determines that such illicit cannabis production does not significantly affect the United States;''; (3) by striking ``; and'' at the end of paragraph (5); (4) by redesignating paragraph (6) as paragraph (8); and (5) by inserting after paragraph (5) the following new paragraphs: ``(6) the term `precursor chemical' has the same meaning as the term `listed chemical' has under paragraph (33) of section 102 of the Controlled Substances Act (21 U.S.C. 802(33)); ``(7) the term `major money laundering country' means a country whose financial institutions engage in currency transactions involving significant amounts of proceeds from international narcotics trafficking; and''. (c) Advance Notification of Transfer of Seized Assets.--Section 482 of that Act (22 U.S.C. 2291a) is amended by adding at the end the following new subsection: ``(e) Advance Notification of Transfer of Seized Assets.--The President shall notify the appropriate congressional committees at least 10 days prior to any transfer by the United States Government to a foreign country for narcotics control purposes of any property or funds seized by or otherwise forfeited to the United States Government in connection with narcotics-related activity.''. (d) Reallocation of Funds Withheld From Countries Which Fail To Take Adequate Steps To Halt Illicit Drug Production or Trafficking.-- Section 486 of that Act (22 U.S.C. 2291e) is amended-- (1) by striking ``(a) Additional Assistance for Countries Taking Significant Steps.--''; (2) by striking ``security assistance'' in the matter preceding paragraph (1) of subsection (a) and inserting ``assistance under this Act''; (3) in paragraph (2) of subsection (a)-- (A) in the heading, by striking ``Security'' and inserting ``Other''; and (B) by striking ``security''; and (4) by striking subsection (b). (e) Prohibition on Assistance to Drug Traffickers.--Section 487(a)(1) of that Act (22 U.S.C. 2291f(a)(1)) is amended by inserting ``to'' after ``relating''. (f) Reporting Requirements.-- (1) In general.--Section 489 of that Act (22 U.S.C. 2291h) is amended-- (A) in the section heading, by striking ``for fiscal years 1993 and 1994'' and inserting ``for fiscal year 1995''; (B) in subsection (a)-- (i) in the matter preceding paragraph (1), by striking ``April 1'' and inserting ``March 1''; and (ii) in paragraph (3)-- (I) by striking subparagraph (B); and (II) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; (C) by striking subsection (c); (D) by redesignating subsection ``(d)'' as subsection ``(c)''; and (E) by amending subsection (c) (as redesignated) to read as follows: ``(c) Effective Date of Sections.--This section applies only during fiscal year 1995. Section 489A does not apply during that fiscal year.''. (2) Conforming amendment.--Section 489A of that Act (22 U.S.C. 2291i) is amended in the section heading by striking ``1994'' and inserting ``1995''. (g) Annual Certification Procedures.-- (1) In general.--Section 490 of that Act (22 U.S.C. 2291j) is amended-- (A) in the section heading, by striking ``for fiscal years 1993 and 1994'' and inserting ``for fiscal year 1995''; (B) in subsection (a)(1), by striking ``(as determined under subsection (h))''; (C) in subsection (a)(2), by striking ``April 1'' and inserting ``March 1''; (D) in subsection (c), by striking ``that such country has taken adequate steps'' and all that follows and inserting ``that such country maintains licit production and stockpiles at levels no higher than those consistent with licit market demand, and has taken adequate steps to prevent significant diversion of its licit cultivation and production into the illicit markets and to prevent illicit cultivation and production.''; (E) in subsection (d), by striking ``45'' and inserting ``30''; (F) in subsection (g)-- (i) by striking ``Congressional'' and all that follows through ``(1) Senate.--'' and inserting ``Senate Procedures.--''; and (ii) by striking paragraph (2); (G) in subsection (h)-- (i) in the heading, by striking ``for Fiscal Years 1993 and 1994''; and (ii) by striking ``January 1'' and inserting ``November 1''; and (H) by amending subsection (i) to read as follows: ``(i) Effective Date of Sections.--This section applies only during fiscal year 1995. Section 490A does not apply during that fiscal year.''. (2) Conforming amendment.--Section 490A of that Act (22 U.S.C. 2291k) is amended-- (A) in the section heading, by striking ``1994'' and inserting ``1995''; and (B) in the heading of subsection (g), by striking ``1994'' and inserting ``1995''. SEC. 3. CONFORMING AMENDMENTS TO OTHER LAWS. (a) Export-Import Bank Act.--Section 2(b)(6)(C)(ii)) of the Export- Import Bank Act of 1945 (22 U.S.C. 635(b)(6)(C)(ii)) is amended by striking ``determined under section 490(h) or 481(e), as appropriate,'' and inserting ``defined in section 481(e)''. (b) Title 18, U.S.C.--Section 981(i)(1)(C) of title 18, United States Code, is amended by striking ``paragraph (1)(A) of section 481(h)'' and inserting ``section 490(a)(1)''. (c) Tariff Act of 1930.--Section 616(c)(2)(C) of the Tariff Act of 1930 (19 U.S.C. 1616a(c)(2)(C)) is amended by striking ``481(h)'' and inserting ``490(b)''. (d) Controlled Substances Act.--Section 511(e)(1)(E) of the Controlled Substances Act (21 U.S.C. 881(e)(1)(E)) is amended by striking ``481(h)'' and inserting ``490(b)''. SEC. 4. REPEAL OF OBSOLETE PROVISIONS. (a) 1992 International Narcotics Control Act.--The International Narcotics Control Act of 1992 (Public Law 102-583) is repealed. (b) 1988 International Narcotics Control Act.--The International Narcotics Control Act of 1988 (which is title IV of the Anti-Drug Abuse Act of 1988; Public Law 100-690) is repealed. (c) 1986 International Narcotics Control Act.--The International Narcotics Control Act of 1986 (which is title II of the Anti-Drug Abuse Act of 1986; Public Law 99-570) is repealed except for the title heading and section 2018. SEC. 5. EXEMPTION OF NARCOTICS-RELATED MILITARY ASSISTANCE FOR FISCAL YEAR 1995 FROM PROHIBITION ON ASSISTANCE FOR LAW ENFORCEMENT AGENCIES. (a) Exemption.--For fiscal year 1995, section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420) shall not apply with respect to-- (1) transfers of excess defense articles under section 517 of that Act (22 U.S.C. 2321k) ; (2) funds made available for the ``Foreign Military Financing Program'' under section 23 of the Arms Export Control Act (22 U.S.C. 2763) that are used for assistance provided for narcotics-related purposes; or (3) international military education and training under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 and following) that is provided for narcotics- related purposes. (b) Notification to Congress.--At least 15 days before any transfer under subsection (a)(1) or any obligation of funds under subsection (a)(2) or (a)(3), the President shall notify the appropriate congressional committees (as defined in section 481(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)) in accordance with the procedures applicable to reprogramming notifications under section 634A of that Act (22 U.S.C. 2394). (c) Coordination With International Narcotics Control Assistance Program.--Assistance provided pursuant to this section shall be coordinated with international narcotics control assistance under chapter 8 of part 1 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.). SEC. 6. WAIVER OF RESTRICTIONS FOR NARCOTICS-RELATED ECONOMIC ASSISTANCE. For fiscal year 1995, narcotics-related assistance under part I of the Foreign Assistance Act of 1961 may be provided notwithstanding any other provision of law that restricts assistance to foreign countries (other than section 490(e) of that Act (22 U.S.C. 2291j(e)) if, at least 15 days before obligating funds for such assistance, the President notifies the appropriate congressional committees (as defined in section 481(e) of that Act (22 U.S.C. 2291(e)) in accordance with the procedures applicable to reprogramming notifications under section 634A of that Act (22 U.S.C. 2394). SEC. 7. AUTHORITY FOR ANTICRIME ASSISTANCE. (a) Policy.--International criminal activities, including international narcotics trafficking, money laundering, smuggling, and corruption, endanger political and economic stability and democratic development, and assistance for the prevention and suppression of international criminal activities should be a priority for the United States. (b) Authority.-- (1) In general.--For fiscal year 1995, the President is authorized to furnish assistance to any country or international organization, on such terms and conditions as he may determine, for the prevention and suppression of international criminal activities. (2) Waiver of prohibition of police training.--Section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420) shall not apply with respect to assistance furnished under paragraph (1). SEC. 8. ASSISTANCE TO DRUG TRAFFICKERS. The President shall take all reasonable steps provided by law to ensure that the immediate relatives of any individual described in section 487(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291f(a)), and the business partners of any such individual or of any entity described in such section, are not permitted entry into the United States, consistent with the provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). Passed the House of Representatives September 19, 1994. Attest: DONNALD K. ANDERSON, Clerk.	International Narcotics Control Corrections Act of 1994 - Amends the Foreign Assistance Act of 1961 to redefine a "major illicit drug producing country" as a country in which 1,000 hectares or more of illicit opium poppy or coca is cultivated or harvested annually or 5,000 hectares or more of illicit cannabis is cultivated or harvested annually unless the President determines that such cannabis production does not significantly affect the United States. Provides for advance notification to the appropriate congressional committees of any transfer by the Government to a foreign country, for narcotics control purposes, of property or funds seized or forfeited in connection with narcotics-related activities. Reallocates foreign assistance (currently, security assistance) withheld from countries that fail to take adequate steps to halt illicit drug production or trafficking. Extends certain international narcotics control strategy reporting requirements and annual certification procedures for FY 1993 and 1994 through FY 1995. Makes such requirements and procedures currently applicable after September 30, 1994, effective after September 30, 1995 (the beginning of FY 1996). Repeals specified international narcotics control Acts. Exempts specified narcotics control-related transfers of excess defense articles, foreign military financing, and international military education and training from a prohibition on assistance to foreign law enforcement agencies. Waives all restrictions on assistance (except for countries that are "decertified" under narcotics control certification provisions) with respect to narcotics-related assistance provided during FY 1995 if the President notifies the appropriate congressional committees in advance. Authorizes the President to furnish assistance to any country or international organization during FY 1995 for the prevention and suppression of international criminal activities. Exempts such assistance from the prohibition on assistance to foreign law enforcement agencies. Requires the President to take steps to ensure that the immediate relatives of any individual involved in drug trafficking are not permitted entry into the United States consistent with the Immigration and Nationality Act. NATO Participation Act of 1994 - Authorizes the President to establish a program to assist the transition to full North Atlantic Treaty Organization (NATO) membership of Poland, Hungary, the Czech Republic, Slovakia, and other designated Partnership for Peace countries. Permits the President, in carrying out such program, to provide excess defense articles, international military education and training, and foreign military financing assistance to such countries.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Military and Veterans Education Protection Act''. SEC. 2. PROGRAM PARTICIPATION AGREEMENTS FOR PROPRIETARY INSTITUTIONS OF HIGHER EDUCATION. Section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094) is amended-- (1) in subsection (a)(24)-- (A) by inserting ``that receives funds provided under this title'' before ``, such institution''; and (B) by striking ``other than funds provided under this title, as calculated in accordance with subsection (d)(1)'' and inserting ``other than Federal educational assistance, as defined in subsection (d)(5) and calculated in accordance with subsection (d)(1)''; and (2) in subsection (d)-- (A) in the subsection heading, by striking ``Non- Title IV'' and inserting ``Non-Federal Educational''; (B) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by inserting ``that receives funds provided under this title'' before ``shall''; (ii) in subparagraph (B)-- (I) in clause (i), by striking ``assistance under this title'' and inserting ``Federal educational assistance''; and (II) in clause (ii)(I), by inserting ``, or on a military base if the administering Secretary for a program of Federal educational assistance under clause (ii), (iii), or (iv) of paragraph (5)(B) has authorized such location'' before the semicolon; (iii) in subparagraph (C), by striking ``program under this title'' and inserting ``program of Federal educational assistance''; (iv) in subparagraph (E), by striking ``funds received under this title'' and inserting ``Federal educational assistance''; and (v) in subparagraph (F)-- (I) in clause (iii), by striking ``under this title'' and inserting ``of Federal educational assistance''; and (II) in clause (iv), by striking ``under this title'' and inserting ``of Federal educational assistance''; (C) in paragraph (2)-- (i) by striking subparagraph (A) and inserting the following: ``(A) Ineligibility.-- ``(i) In general.--Notwithstanding any other provision of law, a proprietary institution of higher education receiving funds provided under this title that fails to meet a requirement of subsection (a)(24) for two consecutive institutional fiscal years shall be ineligible to participate in or receive funds under any program of Federal educational assistance for a period of not less than two institutional fiscal years. ``(ii) Regaining eligibility.--To regain eligibility to participate in or receive funds under any program of Federal educational assistance after being ineligible pursuant to clause (i), a proprietary institution of higher education shall demonstrate compliance with all eligibility and certification requirements for the program for a minimum of two consecutive institutional fiscal years after the institutional fiscal year in which the institution became ineligible. In order to regain eligibility to participate in any program of Federal educational assistance under this title, such compliance shall include meeting the requirements of section 498 for such 2-year period. ``(iii) Notification of ineligibility.--The Secretary of Education shall determine when a proprietary institution of higher education that receives funds under this title is ineligible under clause (i) and shall notify all other administering Secretaries of the determination. ``(iv) Enforcement.--Each administering Secretary for a program of Federal educational assistance shall enforce the requirements of this subparagraph for the program concerned upon receiving notification under clause (iii) of a proprietary institution of higher education's ineligibility.''; and (ii) in subparagraph (B)-- (I) in the matter preceding clause (i)-- (aa) by striking ``In addition'' and all that follows through ``education fails'' and inserting ``Notwithstanding any other provision of law, in addition to such other means of enforcing the requirements of a program of Federal educational assistance as may be available to the administering Secretary, if a proprietary institution of higher education that receives funds provided under this title fails''; and (bb) by striking ``the programs authorized by this title'' and inserting ``all programs of Federal educational assistance''; and (II) in clause (i), by inserting ``with respect to a program of Federal educational assistance under this title,'' before ``on the expiration date''; (D) in paragraph (4)(A), by striking ``sources under this title'' and inserting ``Federal educational assistance''; and (E) by adding at the end the following: ``(5) Definitions.--In this subsection: ``(A) Administering secretary.--The term `administering Secretary' means the Secretary of Education, the Secretary of Defense, the Secretary of Veterans Affairs, the Secretary of Homeland Security, or the Secretary of a military department responsible for administering the Federal educational assistance concerned. ``(B) Federal educational assistance.--The term `Federal educational assistance' means funds provided under any of the following provisions of law: ``(i) This title. ``(ii) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. ``(iii) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. ``(iv) Section 1784a of title 10, United States Code.''. SEC. 3. DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS ACTIONS ON INELIGIBILITY OF CERTAIN PROPRIETARY INSTITUTIONS OF HIGHER EDUCATION FOR PARTICIPATION IN PROGRAMS OF EDUCATIONAL ASSISTANCE. (a) Department of Defense.-- (1) In general.--Chapter 101 of title 10, United States Code, is amended by inserting after section 2008 the following new section: ``Sec. 2008a. Ineligibility of certain proprietary institutions of higher education for participation in Department of Defense programs of educational assistance ``(a) In General.--Upon receipt of a notice from the Secretary of Education under clause (iii) of section 487(d)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1094(d)(2)(A)) that a proprietary institution of higher education is ineligible for participation in or receipt of funds under any program of Federal educational assistance by reason of such section, the Secretary of Defense shall ensure that no educational assistance under the provisions of law specified in subsection (b) is available or used for education at the institution for the period of institutional fiscal years covered by such notice. ``(b) Covered Assistance.--The provisions of law specified in this subsection are the provisions of law on educational assistance through the Department of Defense as follows: ``(1) This chapter. ``(2) Chapters 105, 106A, 1606, 1607, and 1608 of this title. ``(3) Section 1784a of this title. ``(c) Notice on Ineligibility.--(1) The Secretary of Defense shall take appropriate actions to notify persons receiving or eligible for educational assistance under the provisions of law specified in subsection (b) of the application of the limitations in section 487(d)(2) of the Higher Education Act of 1965 to particular proprietary institutions of higher education. ``(2) The actions taken under this subsection with respect to a proprietary institution shall include publication, on the Internet website of the Department of Defense that provides information to persons described in paragraph (1), of the following: ``(A) The name of the institution. ``(B) The extent to which the institution failed to meet the requirements of section 487(a)(24) of the Higher Education Act of 1965. ``(C) The length of time the institution will be ineligible for participation in or receipt of funds under any program of Federal educational assistance by reason of section 487(d)(2)(A) of that Act. ``(D) The nonavailability of educational assistance through the Department for enrollment, attendance, or pursuit of a program of education at the institution by reason of such ineligibility.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 101 of such title is amended by inserting after the item relating to section 2008 the following new item: ``2008a. Ineligibility of certain proprietary institutions of higher education for participation in Department of Defense programs of educational assistance.''. (b) Department of Veterans Affairs.-- (1) In general.--Subchapter II of chapter 36 of title 38, United States Code, is amended by inserting after section 3681 the following new section: ``Sec. 3681A. Ineligibility of certain proprietary institutions of higher education for participation in Department of Veterans Affairs programs of educational assistance ``(a) In General.--Upon receipt of a notice from the Secretary of Education under clause (iii) of section 487(d)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1094(d)(2)(A)) that a proprietary institution of higher education is ineligible for participation in or receipt of funds under any program of Federal educational assistance by reason of such section, the Secretary of Veterans Affairs shall ensure that no educational assistance under the provisions of law specified in subsection (b) is available or used for education at the institution for the period of institutional fiscal years covered by such notice. ``(b) Covered Assistance.--The provisions of law specified in this subsection are the provisions of law on educational assistance through the Department under chapters 30, 31, 32, 33, 34, and 35 of this title. ``(c) Notice on Ineligibility.--(1) The Secretary of Veterans Affairs shall take appropriate actions to notify persons receiving or eligible for educational assistance under the provisions of law specified in subsection (b) of the application of the limitations in section 487(d)(2) of the Higher Education Act of 1965 to particular proprietary institutions of higher education. ``(2) The actions taken under this subsection with respect to a proprietary institution shall include publication, on the Internet website of the Department that provides information to persons described in paragraph (1), of the following: ``(A) The name of the institution. ``(B) The extent to which the institution failed to meet the requirements of section 487(a)(24) of the Higher Education Act of 1965. ``(C) The length of time the institution will be ineligible for participation in or receipt of funds under any program of Federal educational assistance by reason of section 487(d)(2)(A) of that Act. ``(D) The nonavailability of educational assistance through the Department for enrollment, attendance, or pursuit of a program of education at the institution by reason of such ineligibility.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 36 of such title is amended by inserting after the item relating to section 3681 the following new item: ``3681A. Ineligibility of certain proprietary institutions of higher education for participation in Department of Veterans Affairs programs of educational assistance.''.	Military and Veterans Education Protection Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to require proprietary institutions of higher education to derive at least 10% of their revenue from sources other than federal educational assistance, or risk becoming ineligible for title IV funding. Federal educational assistance includes title IV federal student aid and federal educational assistance for military personnel and veterans. Currently, this so-called 90/10 rule requires proprietary institutions to derive at least 10% of their revenue from sources other than title IV federal student aid, but it allows federal educational assistance for military personnel and veterans to count toward the 10%.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Violence Prevention Act of 1999''. SEC. 2. PROHIBITION ON FIREARMS OR AMMUNITION POSSESSION BY VIOLENT JUVENILE OFFENDERS. (a) Definition.--Section 921(a)(20) of title 18, United States Code, is amended by-- (1) inserting ``(A)'' after ``(20)''; (2) redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (3) inserting after clause (ii) the following: ``(B) For purposes of section 922(d) and (g) of this title, the term `act of violent juvenile delinquency' means an adjudication of delinquency in Federal or State court, based on a finding of the commission of an act by a person prior to his or her eighteenth birthday that, if committed by an adult, would be a serious violent felony, as defined in section 3559(c)(2)(F)(i) of this title, had Federal jurisdiction been exercised (except that section 3559(c)(3) shall not apply to this subparagraph):''; and (4) striking ``What constitutes'' through ``this chapter,'' and inserting: ``(C) What constitutes a conviction of such a crime or an adjudication of an act of violent juvenile delinquency shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any State conviction or adjudication of an act of violent juvenile delinquency that has been expunged or set aside, or for which a person has been pardoned or has had civil rights restored, by the jurisdiction in which the conviction or adjudication of an act of violent juvenile delinquency occurred shall not be considered a conviction or adjudication of an act of violent juvenile delinquency for purposes of this chapter,''. (b) Prohibition.--Section 922 of title 18, United States Code is amended-- (1) in subsection (d)-- (A) in paragraph (8), by striking ``or'' at the end; (B) in paragraph (9), by striking the period at the end and inserting ``; or'' ; and (C) by inserting after paragraph (9) the following: ``(10) has committed an act of violent juvenile delinquency.''; and (2) in subsection (g)-- (A) in paragraph (8), by striking ``or'' at the end; (B) in paragraph (9), by striking the period at the end and inserting ``; or'' ; and (C) by inserting after paragraph (9) the following: ``(10) has committed an act of violent juvenile delinquency.''. (c) Effective Date of Adjudication Provisions.--The amendments made by this section shall apply only to an adjudication of an act of violent juvenile delinquency that occurs after the date that is 30 days after the date on which the Attorney General notifies Federal firearms licensees, through publication in the Federal Register by the Secretary of the Treasury, that the records of such adjudications are routinely available in the national instant criminal background check system established under section 103(b) of the Brady Handgun Violence Prevention Act. SEC. 3. STRAW PURCHASE PENALTIES. (a) Straw Purchase Penalties.--Section 924(a)(2) of title 18, United States Code, is amended to read as follows: ``(2) Whoever knowingly violates-- ``(A) subsection (d), (g), (h), (i), (j) or (o) of section 922 shall be fined as provided in this title, imprisoned not more than 10 years, or both; and ``(B) section 922(a)(6) shall be fined as provided in this title, imprisoned not more than 10 years, or both, except-- ``(i) whoever knowingly violates subsection (a)(6) for the purpose of selling, delivering, or otherwise transferring a firearm knowing or having reasonable cause to know that another will carry or otherwise possess or discharge or otherwise use the firearm in the commission of a violent felony, shall be-- ``(I) fined under this title, imprisoned not more than 15 years, or both; or ``(II) fined under this title, imprisoned not more than 20 years, or both where the procurement is for a juvenile; and ``In this paragraph, the term `violent felony' means conduct described in section 924(e)(2)(B) of this title and the term `juvenile' has the same meaning as in section 922(x).''. (b) Effective Date.--The amendment made by this section shall take effect 180 days after the date of enactment of this Act. SEC. 4. JUVENILE WEAPONS PENALTIES. (a) Juvenile Weapons Penalties.--Section 924(a) of title 18 United States Code, is amended-- (1) in paragraph (4), by striking ``Whoever'' and inserting ``Except as provided in paragraph (6), whoever''; and (2) by striking paragraph (6) and inserting the following: ``(6)(A) A juvenile who violates section 922(x) shall be fined under this title, imprisoned not more than 1 year, or both, except-- ``(i) a juvenile shall be sentenced to probation on appropriate conditions and shall not be incarcerated unless the juvenile fails to comply with a condition of probation, if-- ``(I) the offense of which the juvenile is charged is possession of a handgun or ammunition in violation of section 922(x)(2); and ``(II) the juvenile has not been convicted in any court of an offense (including an offense under section 922(x) or a similar State law, but not including any other offense consisting of conduct that if engaged in by an adult would not constitute an offense) or adjudicated as a juvenile delinquent for conduct that if engaged in by an adult would constitute an offense; or ``(ii) a juvenile shall be fined under this title, imprisoned not more than 20 years, or both, if-- ``(I) the offense of which the juvenile is charged is possession of a handgun or ammunition in violation of section 922(x)(2); and ``(II) during the same course of conduct in violating section 992(x)(2), the juvenile violated section 922(q), with the intent to carry or otherwise possess or discharge or otherwise use the handgun or ammunition in the commission of a violent felony. ``(B) A person other than a juvenile who knowingly violates section 922(x)-- ``(i) shall be fined under this title, imprisoned not more than 1 year, or both; and ``(ii) if the person sold, delivered, or otherwise transferred a handgun or ammunition to a juvenile knowing or having reasonable cause to know that the juvenile intended to carry or otherwise possess or discharge or otherwise use the handgun or ammunition in the commission of a violent felony, shall be fined under this title, imprisoned not more than 20 years, or both. ``(C) In this paragraph, the term `violent felony' means conduct as described in section 924(e)(2)(B) of this title. ``(D) Except as otherwise provided in this chapter, in any case in which a juvenile is prosecuted in a district court of the United States, and the juvenile is subject to the penalties under paragraph (A)(ii), the juvenile shall be subject to the same laws, rules, and proceedings regarding sentencing (including the availability of probation, restitution, fines, forfeiture, imprisonment, and supervised release) that would be applicable in the case of an adult. No juvenile sentenced to a term of imprisonment shall be released from custody simply because the juvenile reaches the age of 18 years.''. (b) Unlawful Weapons Transfers to Juveniles.--Section 922(x) of title 18, United States Code, is amended to read as follows: ``(x)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile-- ``(A) a handgun; or ``(B) ammunition that is suitable for use only in a handgun. ``(2) It shall be unlawful for any person who is a juvenile to knowingly possess-- ``(A) a handgun; or ``(B) ammunition that is suitable for use only in a handgun. ``(3) This subsection does not apply to the following: ``(A)(i) A temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun or ammunition are possessed and used by the juvenile-- ``(I) in the course of employment; ``(II) in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch); ``(III) for target practice; ``(IV) for hunting; or ``(V) for a course of instruction in the safe and lawful use of a handgun. ``(ii) Clause (i) shall apply only if the juvenile's possession and use of a handgun or ammunition under this subparagraph are in accordance with State and local law and the following conditions are met: ``(I)(aa) Except when a parent or guardian of the juvenile is in the immediate and supervisory presence of the juvenile, the juvenile shall have in the juvenile's possession at all times when a handgun or ammunition is in the possession of the juvenile, the prior written consent of the juvenile's parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm or ammunition; and ``(bb) during transportation by the juvenile directly from the place of transfer to a place at which an activity described in division (aa) is to take place the handgun shall be unloaded and in a locked container or case, and during the transportation by the juvenile of that firearm, directly from the place at which such an activity took place to the transferor, the handgun shall also be unloaded and in a locked container or case; or ``(II) With respect to ranching or farming activities as described in subparagraph (A), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile's parent or legal guardian, if such approval is on file with the adult who is not prohibited by Federal, State, or local law from possessing a firearm or ammunition and that person is directing the ranching or farming activities of the juvenile. ``(B) A juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun or ammunition in the line of duty. ``(C) A transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile. ``(D) The possession of a handgun or ammunition taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest. ``(4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection, shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution. ``(5) In this subsection, the term `juvenile' means a person who is less than 18 years of age. ``(6) In a prosecution of a violation of this subsection, the court-- ``(A) shall require the presence of a juvenile defendant's parent or legal guardian at all proceedings; ``(B) may use the contempt power to enforce subparagraph (A); and ``(C) may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown.''. (c) Effective Date.--The amendment made by this section shall take effect 180 days after the date of enactment of this Act.	Youth Violence Prevention Act of 1999 - Amends the Brady Handgun Violence Prevention Act (the Act) to prohibit: (1) the sale or other disposition of a firearm or ammunition to any person knowing or having reasonable cause to believe that such person has committed an act of violent juvenile delinquency; and (2) the shipment transport, or possession in interstate or foreign commerce of a firearm or ammunition, or the receipt of any firearm or ammunition which has been shipped or transported in interstate or foreign commerce, by a person who has committed an act of violent juvenile delinquency. Specifies that: (1) what constitutes an adjudication of an act of violent juvenile delinquency shall be determined in accordance with the law of the jurisdiction in which the proceedings were held; and (2) any State conviction or adjudication of such an act that has been expunged or set aside, or for which a person has been pardoned or has had civil rights restored, shall not be considered a conviction or adjudication of an act of violent juvenile delinquency for purposes of the Act. Amends the Act to set penalties for: (1) straw purchases of firearms (transferring a firearm knowing or having reasonable cause to know that another will carry or otherwise possess, discharge, or use the firearm in the commission of a violent felony); (2) possession by a juvenile of a handgun or ammunition in violation of Act provisions regarding transfer to a person, whom the transferor knows or has reasonable cause to believe is a juvenile, of a handgun or ammunition suitable for use only in a handgun, and, during the same course of conduct, violating provisions regarding possession of a firearm in a school zone, with intent to carry or otherwise possess, discharge, or otherwise use the handgun or ammunition in the commission of a violent felony; and (3) persons other than juveniles who knowingly violate provisions of the Act regarding the transfer to a person, whom the transferor knows or has reasonable cause to believe is a juvenile, of a handgun or ammunition suitable for use only in a handgun, knowing or having reasonable cause to know that another will carry or otherwise possess, discharge, or use the firearm in the commission of a violent felony. Tightens restrictions under the Act on temporary transfers of a handgun or ammunition to, and possession or use by, a juvenile. Makes current exemptions regarding such transfers applicable only if the juvenile's possession and use of a handgun or ammunition are in accordance with State and local law and if specified other conditions apply.
SECTION 1. FINDINGS. The Congress makes the following findings: (1) The right of the people of the United States to freedom of speech, particularly as it relates to comment on governmental activities, as protected by the first amendment to the Constitution, cannot be meaningfully exercised without the ability of the public to obtain facts and information about the Government upon which to base their judgments regarding important issues and events. As the United States Supreme Court articulated in Craig v. Harney (1947), ``A trial is a public event. What transpires in the court room is public property.''. (2) The right of the people of the United States to a free press, with the ability to report on all aspects of the conduct of the business of government, as protected by the first amendment to the Constitution, cannot be meaningfully exercised without the ability of the news media to gather facts and information freely for dissemination to the public. (3) The right of the people of the United States to petition the Government to redress grievances, particularly as it relates to the manner in which the Government exercises its legislative, executive, and judicial powers, as protected by the first amendment to the Constitution, cannot be meaningfully exercised without the availability to the public of information about how the affairs of government are being conducted. As the Supreme Court noted in Richmond Newspapers, Inc. v. Commonwealth of Virginia (1980), ``People in an open society do not demand infallibility from their institutions, but it is difficult for them to accept what they are prohibited from observing.'' (4) In the twenty-first century, the people of the United States obtain information regarding judicial matters involving the Constitution, civil rights, and other important legal subjects principally through the print and electronic media. Television, in particular, provides a degree of public access to courtroom proceedings that more closely approximates the ideal of actual physical presence than newspaper coverage or still photography. (5) Providing statutory authority for the courts of the United States to exercise their discretion in permitting televised coverage of courtroom proceedings would enhance significantly the access of the people to the Federal judiciary. (6) Inasmuch as the first amendment to the Constitution prevents Congress from abridging the ability of the people to exercise their inherent rights to freedom of speech, to freedom of the press, and to petition the Government for a redress of grievances, it is good public policy for the Congress affirmatively to facilitate the ability of the people to exercise those rights. (7) The granting of such authority would assist in the implementation of the constitutional guarantee of public trials in criminal cases, as provided by the sixth amendment to the Constitution. As the Supreme Court stated in In re Oliver (1948), ``Whatever other benefits the guarantee to an accused that his trial be conducted in public may confer upon our society, the guarantee has always been recognized as a safeguard against any attempt to employ our courts as instruments of persecution. The knowledge that every criminal trial is subject to contemporaneous review in the forum of public opinion is an effective restraint on possible abuse of judicial power.''. SEC. 2. AUTHORITY OF PRESIDING JUDGE TO ALLOW MEDIA COVERAGE OF COURT PROCEEDINGS. (a) Authority of Appellate Courts.--Notwithstanding any other provision of law, the presiding judge of an appellate court of the United States may, in his or her discretion, permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides. (b) Authority of District Courts.-- (1) In general.--Notwithstanding any other provision of law, any presiding judge of a district court of the United States may, in his or her discretion, permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides. (2) Obscuring of witnesses.--(A) Upon the request of any witness in a trial proceeding other than a party, the court shall order the face and voice of the witness to be disguised or otherwise obscured in such manner as to render the witness unrecognizable to the broadcast audience of the trial proceeding. (B) The presiding judge in a trial proceeding shall inform each witness who is not a party that the witness has the right to request that his or her image and voice be obscured during the witness' testimony. (c) Advisory Guidelines.--The Judicial Conference of the United States is authorized to promulgate advisory guidelines to which a presiding judge, in his or her discretion, may refer in making decisions with respect to the management and administration of photographing, recording, broadcasting, or televising described in subsections (a) and (b). SEC. 3. DEFINITIONS. In this Act: (1) Presiding judge.--The term ``presiding judge'' means the judge presiding over the court proceeding concerned. In proceedings in which more than one judge participates, the presiding judge shall be the senior active judge so participating or, in the case of a circuit court of appeals, the senior active circuit judge so participating, except that-- (A) in en banc sittings of any United States circuit court of appeals, the presiding judge shall be the chief judge of the circuit whenever the chief judge participates; and (B) in en banc sittings of the Supreme Court of the United States, the presiding judge shall be the Chief Justice whenever the Chief Justice participates. (2) Appellate court of the united states.--The term ``appellate court of the United States'' means any United States circuit court of appeals and the Supreme Court of the United States. SEC. 4. SUNSET. The authority under section 2(b) shall terminate on the date that is 3 years after the date of the enactment of this Act.	Authorizes: (1) the presiding judge of a U.S. appellate or district court to permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings; and (2) the Judicial Conference of the United States to promulgate advisory guidelines for the management and administration of such coverage. Directs: (1) the district court, upon the request of any witness in a trial proceeding other than a party, to order the witness's face and voice to be disguised or otherwise obscured to the broadcast audience; and (2) the presiding judge to inform each witness of his or her right to make such request.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Autocycle Safety Act''. SEC. 2. MOTOR VEHICLE SAFETY STANDARDS. (a) Defined Term.--Section 30102(a) of title 49, United States Code, is amended-- (1) by redesignating paragraphs (1) through (13) as paragraphs (2) through (14), respectively; and (2) by inserting before paragraph (2), as redesignated, the following: ``(1) `autocycle' means a motorcycle with 3 wheels in contact with the ground, front-wheel drive, a fully enclosed occupant compartment, and a steering wheel, which is subject to applicable Federal motor vehicle safety standards, as determined necessary by the Secretary of Transportation through regulation.''. (b) Applicability of Motor Vehicle Safety Standards to Autocycles.--Chapter 301 of title 49, United States Code, is amended-- (1) in the table of sections, by inserting after the item relating to section 30114 the following: ``30114A. Autocycles.''; and (2) by inserting after section 30114 the following: ``Sec. 30114A. Autocycles ``(a) Interim Safety Standards for Autocycles.--During the period beginning on the date of the enactment of the Autocycle Safety Act and ending on the effective date of the rules issued pursuant to subsection (b), a person satisfies the requirements set forth in section 30112(a) with regard to an autocycle if the autocycle-- ``(1) complies with the motor vehicle safety standards for passenger cars, as set forth in part 571 of title 49, Code of Federal Regulations, relating to-- ``(A) controls and displays (FMVSS 101); ``(B) lamps, reflective devices, and associated equipment (FMVSS 108), except for center high-mounted stop lamps; ``(C) brake systems (FMVSS 135); ``(D) seating systems (FMVSS 207); ``(E) belted occupant crash protection (FMVSS 208); and ``(F) seat belt assemblies (FMVSS 209); ``(2) complies with the motor vehicle safety standards for motorcycles, as set forth in part 571 of title 49, Code of Federal Regulations, relating to-- ``(A) new pneumatic tires (FMVSS 119); and ``(B) tire selection and rims (FMVSS 120); ``(3) complies with the motor vehicle safety standards for motorcycles or passenger cars (at the option of such person), as set forth in part 571 of title 49, Code of Federal Regulations, relating to-- ``(A) brake hoses (FMVSS 106); ``(B) rearview mirrors (FMVSS 111), except for inside rearview mirrors; ``(C) motor vehicle brake fluids (FMVSS 116); and ``(D) glazing materials (FMVSS 205); ``(4) meets the performance criteria relating to upper interior impact set forth in FMVSS 201 to the extent possible to reach the target points; and ``(5) is equipped with a steering wheel air bag, anti-lock brakes, and electronic stability control. ``(b) Rulemaking.-- ``(1) In general.--Not later than 3 years after the date of the enactment of the Autocycle Safety Act, the Secretary of Transportation shall issue such final rules, interpretations, and test procedures in accordance with paragraphs (2) and (3) as may be necessary for a person to satisfy the requirements set forth in section 30112(a) with regard to an autocycle. ``(2) Determination.--In determining which motor vehicle safety standards are applicable to autocycles under paragraph (1), the Secretary shall-- ``(A) apply appropriate motorcycle safety standards to those aspects of an autocycle's performance that are appropriately regulated through the motor vehicle safety standards applicable to motorcycles; and ``(B) apply appropriate passenger car safety standards to those aspects of an autocycle's performance regulated through motor vehicle safety standards that are not otherwise appropriately regulated through a motorcycle standard. ``(3) Other requirements.--In issuing rules to preserve autocycle safety pursuant to paragraph (1), the Secretary shall-- ``(A) provide autocycle manufacturers with appropriate lead time to comply with the safety standards set forth in such rules; and ``(B) comply with the requirements and considerations set forth in subsections (a) and (b) of section 30111.''. (c) Conforming Amendments.--Section 30112(a) of title 49, United States Code, is amended-- (1) in paragraph (1), by striking ``sections 30113 and 30114'' and inserting ``sections 30113, 30114, and 30114A''; and (2) in paragraph (3), by striking ``section 30114,'' and inserting ``sections 30114 and 30114A,''.	Autocycle Safety Act This bill applies specified interim automotive and motorcycle safety standards to autocycles until at most three years after enactment of this bill, by which time the Department of Transportation shall issue appropriate final rules, interpretations, and test procedures. The bill defines "autocycle" as a motorcycle with three wheels in contact with the ground, front-wheel drive, a fully enclosed occupant compartment, and a steering wheel and which is subject to applicable federal motor vehicle safety standards.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Protection Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Television is seen and heard in nearly every United States home and is a uniquely pervasive presence in the daily lives of Americans. The average American home has 2.5 televisions, and a television is turned on in the average American home 7 hours every day. (2) Television plays a particularly significant role in the lives of children. Figures provided by Nielsen Research show that children between the ages of 2 years and 11 years spend an average of 21 hours in front of a television each week. (3) Television has an enormous capability to influence perceptions, especially those of children, of the values and behaviors that are common and acceptable in society. (4) The influence of television is so great that its images and messages often can be harmful to the development of children. Social science research amply documents a strong correlation between the exposure of children to televised violence and a number of behavioral and psychological problems. (5) Hundreds of studies have proven conclusively that children who are consistently exposed to violence on television have a higher tendency to exhibit violent and aggressive behavior, both as children and later in life. (6) Such studies also show that repeated exposure to violent programming causes children to become desensitized to and more accepting of real-life violence and to grow more fearful and less trusting of their surroundings. (7) A growing body of social science research indicates that sexual content on television can also have a significant influence on the attitudes and behaviors of young viewers. This research suggests that heavy exposure to programming with strong sexual content contributes to the early commencement of sexual activity among teenagers. (8) Members of the National Association of Broadcasters (NAB) adhered for many years to a comprehensive code of conduct that was based on an understanding of the influence exerted by television and on a widely held sense of responsibility for using that influence carefully. (9) This code of conduct, the Television Code of the National Association of Broadcasters, articulated this sense of responsibility as follows: (A) ``In selecting program subjects and themes, great care must be exercised to be sure that the treatment and presentation are made in good faith and not for the purpose of sensationalism or to shock or exploit the audience or appeal to prurient interests or morbid curiosity.''. (B) ``Broadcasters have a special responsibility toward children. Programs designed primarily for children should take into account the range of interests and needs of children, from instructional and cultural material to a wide variety of entertainment material. In their totality, programs should contribute to the sound, balanced development of children to help them achieve a sense of the world at large and informed adjustments to their society.''. (C) ``Violence, physical, or psychological, may only be projected in responsibly handled contexts, not used exploitatively. Programs involving violence present the consequences of it to its victims and perpetrators. Presentation of the details of violence should avoid the excessive, the gratuitous and the instructional.''. (D) ``The presentation of marriage, family, and similarly important human relationships, and material with sexual connotations, shall not be treated exploitatively or irresponsibly, but with sensitivity.''. (E) ``Above and beyond the requirements of the law, broadcasters must consider the family atmosphere in which many of their programs are viewed. There shall be no graphic portrayal of sexual acts by sight or sound. The portrayal of implied sexual acts must be essential to the plot and presented in a responsible and tasteful manner.''. (10) The National Association of Broadcasters abandoned the code of conduct in 1983 after three provisions of the code restricting the sale of advertising were challenged by the Department of Justice on antitrust grounds and a Federal district court issued a summary judgment against the National Association of Broadcasters regarding one of the provisions on those grounds. However, none of the programming standards of the code were challenged. (11) While the code of conduct was in effect, its programming standards were never found to have violated any antitrust law. (12) Since the National Association of Broadcasters abandoned the code of conduct, programming standards on broadcast and cable television have deteriorated dramatically. (13) In the absence of effective programming standards, public concern about the impact of television on children, and on society as a whole, has risen substantially. Polls routinely show that more than 80 percent of Americans are worried by the increasingly graphic nature of sex, violence, and vulgarity on television and by the amount of programming that openly sanctions or glorifies criminal, antisocial, and degrading behavior. (14) At the urging of Congress, the television industry has taken some steps to respond to public concerns about programming standards and content. The broadcast television industry agreed in 1992 to adopt a set of voluntary guidelines designed to ``proscribe gratuitous or excessive portrayals of violence''. Shortly thereafter, both the broadcast and cable television industries agreed to conduct independent studies of the violent content in their programming and make those reports public. (15) In 1996, the television industry as a whole made a commitment to develop a comprehensive rating system to label programming that may be harmful or inappropriate for children. That system was implemented at the beginning of 1999. (16) Despite these efforts to respond to public concern about the impact of television on children, millions of Americans, especially parents with young children, remain angry and frustrated at the sinking standards of television programming, the reluctance of the industry to police itself, and the harmful influence of television on the well-being of the children and the values of the United States. (17) The Department of Justice issued a ruling in 1993 indicating that additional efforts by the television industry to develop and implement voluntary programming guidelines would not violate the antitrust laws. The ruling states that ``such activities may be likened to traditional standard setting efforts that do not necessarily restrain competition and may have significant procompetitive benefits . . . Such guidelines could serve to disseminate valuable information on program content to both advertisers and television viewers. Accurate information can enhance the demand for, and increase the output of, an industry's products or services.''. (18) The Children's Television Act of 1990 (Public Law 101- 437) states that television broadcasters in the United States have a clear obligation to meet the educational and informational needs of children. (19) Several independent analyses have demonstrated that the television broadcasters in the United States have not fulfilled their obligations under the Children's Television Act of 1990 and have not noticeably expanded the amount of educational and informational programming directed at young viewers since the enactment of that Act. (20) The popularity of video and personal computer (PC) games is growing steadily among children. Although most popular video and personal computer games are educational or harmless in nature, many of the most popular are extremely violent. One recent study by Strategic Record Research found that 64 percent of teenagers played video or personal computer games on a regular basis. Other surveys of children as young as elementary school age found that almost half of them list violent computer games among their favorites. (21) Violent video games often present violence in a glamorized light. Game players are often cast in the role of shooter, with points scored for each ``kill''. Similarly, advertising for such games often touts violent content as a selling point--the more graphic and extreme, the better. (22) As the popularity and graphic nature of such video games grows, so do their potential to negatively influence impressionable children. (23) Music is another extremely pervasive and popular form of entertainment. American children and teenagers listen to music more than any other demographic group. The Journal of American Medicine reported that between the 7th and 12th grades the average teenager listens to 10,500 hours of rock or rap music, just slightly less than the entire number of hours spent in the classroom from kindergarten through high school. (24) Teens are among the heaviest purchasers of music, and are most likely to favor music genres that depict, and often appear to glamorize violence. (25) Music has a powerful ability to influence perceptions, attitudes, and emotional state. The use of music as therapy indicates its potential to increase emotional, psychological, and physical health. That influence can be used for ill as well. SEC. 3. CONSTRUCTION. This Act may not be construed as-- (1) providing the Federal Government with any authority to restrict television programming, movies, video games, Internet content, or music lyrics that is in addition to the authority to restrict such programming, movies, games, content, or lyrics under law as of the date of the enactment of this Act; or (2) approving any action of the Federal Government to restrict such programming, movies, games, content, or lyrics that is in addition to any actions undertaken for that purpose by the Federal Government under law as of such date. SEC. 4. EXEMPTION OF VOLUNTARY AGREEMENTS ON GUIDELINES FOR CERTAIN ENTERTAINMENT MATERIAL FROM APPLICABILITY OF ANTITRUST LAWS. (a) Exemption.--Subject to subsection (b), the antitrust laws shall not apply to any joint discussion, consideration, review, action, or agreement by or among persons in the entertainment industry for the purpose of developing and disseminating voluntary guidelines designed-- (1) to alleviate the negative impact of telecast material, movies, video games, Internet content, and music lyrics containing violence, sexual content, criminal behavior, or other subjects that the entertainment industry deems appropriate for children; or (2) to promote telecast material that is educational, informational, or otherwise beneficial to the development of children. (b) Limitation.--The exemption provided in subsection (a) shall not apply to any joint discussion, consideration, review, action, or agreement which-- (1) results in a boycott of any person; or (2) concerns the purchase or sale of advertising, including (without limitation) restrictions on the number of products that may be advertised in a commercial, the number of times a program may be interrupted for commercials, and the number of consecutive commercials permitted within each interruption. (c) Definitions.--In this section: (1) Antitrust laws.--The term ``antitrust laws'' has the meaning given such term in the first section of the Clayton Act (15 U.S.C. 12) and includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (2) Internet.--The term ``Internet'' means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol or any successor protocol to transmit information. (3) Movies.--The term ``movies'' means theatrical motion pictures. (4) Person in the entertainment industry.--The term ``person in the entertainment industry'' means a television network, any entity which produces or distributes television programming (including theatrical motion pictures), the National Cable Television Association, the Association of Independent Television Stations, Incorporated, the National Association of Broadcasters, the Motion Picture Association of America, each of the affiliate organizations of the television networks, the Interactive Digital Software Association, any entity which produces or distributes video games, the Recording Industry Association of America, and any entity which produces or distributes music, and includes any individual acting on behalf of such person. (5) Telecast.--The term ``telecast'' means any program broadcast by a television broadcast station or transmitted by a cable television system. (d) Report.--Not later than 12 months after the date of the enactment of this Act, the Attorney General, in conjunction with the Chairman of the Federal Trade Commission, shall submit to Congress a report on-- (1) the extent to which the motion picture, recording, and video game industry have developed or enforced guidelines, procedures, or mechanisms to ensure compliance by persons and entities described in subsection (c)(4) with ratings or labeling systems which identify and limit dissemination of sexual, violent, or other indecent material to children; and (2) the extent to which Federal and State antitrust law preclude those industries from developing and enforcing the guidelines described in subsection (a).	Requires a report from the Attorney General to Congress on the extent to which: (1) the motion picture, recording, and television industry have developed or enforced guidelines to ensure compliance with ratings or labeling systems which identify and limit the dissemination of sexual, violent, or other indecent material to children; and (2) Federal and State antitrust laws preclude those industries from developing and enforcing such guidelines.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Special Criminal Contempt of Congress Procedures Act of 2009''. SEC. 2. ALTERNATE PROCEDURE. (a) Scope of Application.--If the House of Representatives finds a current or former officer or employee of the Executive branch has violated section 102 of the Revised Statutes of the United States (2 U.S.C. 192), the procedures of this Act apply. (b) Certification by Speaker.--Upon the finding by the House of Representatives of a violation to which this Act applies, the Speaker shall certify that finding to the appropriate United States attorney, whose duty it shall be to bring the matter before the grand jury for its action. (c) Circumstances Leading to Appointment of Special Counsel.--If-- (1) the Attorney General or the United States attorney to whom the finding was certified informs the court or the House that the Department of Justice will not prosecute the case; or (2) by the end of the 30th day after the date of receipt of a certification made under subsection (b) a grand jury has not returned an indictment based on the violation alleged in the certification; the Chief Judge of the United States district court for the district to whose United States Attorney the certification was made (hereinafter in this Act referred to as the ``Chief Judge'') shall appoint a special counsel under section 3. It shall be the duty of the Attorney General to inform that court and the House if a grand jury does not return an indictment by the end of the 30-day period. The Speaker of the House, or any interested congressional party, may file with the Chief Judge a suggestion that circumstances giving rise to a duty to appoint a special counsel have occurred after the 30-day period ends without the return of an indictment. SEC. 3. APPOINTMENT, QUALIFICATIONS, AND PROSECUTORIAL JURISDICTION OF SPECIAL COUNSEL, AND ADMINISTRATIVE MATTERS RELATING TO THE SPECIAL COUNSEL. (a) Appointment, Qualifications, and Prosecutorial Jurisdiction of Special Counsel.-- (1) Appointment and qualifications.--The Chief Judge shall appoint the special counsel, who must be an attorney in good standing with substantial prosecutorial experience who has not served in any capacity in the administration of the President who is or was in office when the Speaker of the House certified the finding of a violation. (2) Prosecutorial jurisdiction.--The Chief Judge shall define the special counsel's prosecutorial jurisdiction as comprising the investigation and prosecution of the alleged violation, any conspiracy to commit the alleged violation, and any perjury, false statement, or obstruction of justice occurring in relation to such investigation and prosecution. (b) Authority of Special Counsel With Respect to Matters Within Prosecutorial Jurisdiction.--With respect to all matters in that special counsel's prosecutorial jurisdiction, a special counsel appointed under this Act shall have full power and independent authority to exercise all prosecutorial functions and powers, and any other functions and powers normally ancillary thereto, of the Department of Justice, the Attorney General, and any other officer or employee of the Department of Justice, except that the Attorney General shall exercise direction or control as to those matters that specifically require the Attorney General's personal action under section 2516 of title 18, United States Code. (c) Compliance With Policies of the Department of Justice.-- (1) In general.--A special counsel shall, except to the extent that to do so would be inconsistent with the purposes of this Act, comply with the written or other established policies of the Department of Justice respecting enforcement of the criminal laws. (2) National security.--A special counsel shall comply with guidelines and procedures used by the Department in the handling and use of classified material. (d) Salary.--The special counsel shall receive a salary equivalent to the salary of the United States Attorney for the District of Columbia. (e) Staff.--The special counsel may appoint and fix the salaries of such staff, not to exceed 12 in number, as the special counsel deems necessary to carry out the functions of the special counsel under this Act. However, no salary of a member of such staff may exceed the salary of the special counsel. (f) Expenses.--The Department of Justice shall pay all costs relating to the establishment and operation of any office of special counsel. The Attorney General shall submit to the Congress, not later than 30 days after the end of each fiscal year, a report on amounts paid during that fiscal year for expenses of investigations and prosecutions the special counsel. (g) Report to Congress.--Each special counsel shall report to Congress annually on the special counsel's activities under this Act. The report shall include a description of the progress of any investigation or prosecution conducted by the special counsel and provide information justifying the costs of the activities reported on. SEC. 4. REMOVAL OF SPECIAL COUNSEL. (a) In General.--A special counsel may be removed from office, other than by impeachment and conviction, only by the personal action of the Attorney General, and only for good cause, physical or mental disability, or any other condition that substantially impairs the performance of that special counsel's duties. (b) Report Upon Removal.--If a special counsel is removed from office, the Attorney General shall promptly submit to the Chief Judge and to Congress a report specifying the facts found and the ultimate grounds for the removal. (c) Judicial Review of Removal.--A special counsel removed from office may obtain judicial review of the removal in a civil action. The Chief Judge may not hear or determine any such civil action or any appeal of a decision in any such civil action. The special counsel may be reinstated or granted other appropriate relief by order of the court. (d) Appointment of Replacement.--Upon removal of a special counsel, the Chief Judge shall appoint a similarly qualified individual to continue the functions of the special counsel. SEC. 5. TERMINATION OF SPECIAL COUNSEL'S AUTHORITY. (a) In General.--The authority of the special counsel shall cease two years after the date of the special counsel's appointment, but the Chief Judge may extend that authority for an additional period not to exceed one year, if the Chief Judge finds good cause to do so. Good cause to do so includes that the investigation or prosecution undertaken by the special counsel has been delayed by dilatory tactics by persons who could provide evidence that would significantly assist the investigation or prosecution, and also includes the need to allow the special counsel to participate in any appellate proceedings related to prosecutions engaged in by the special counsel. (b) Termination by Court.--The Chief Judge, either on the judge's own motion or upon the request of the Attorney General, may terminate an office of special counsel at any time, on the ground that the investigation of all matters within the prosecutorial jurisdiction of such special counsel, and any resulting prosecutions, have been completed or so substantially completed that it would be appropriate for the Department of Justice to complete such investigations and prosecutions. SEC. 6. INCREASE IN PENALTY FOR CONTEMPT OF CONGRESS. Section 102 of the Revised Statutes of the United States (2 U.S.C. 194) is amended by striking ``deemed'' and all that follows through ``twelve months'' and inserting ``fined not more than $1,000,000 or imprisoned not more than 2 years, or both''. SEC. 7. EFFECTIVE DATE. This Act takes effect on January 20, 2009.	Special Criminal Contempt of Congress Procedures Act of 2009 - Establishes alternate procedures for the prosecution of current or former officers or employees of the executive branch found in contempt of Congress for refusal to testify or produce documents in response to a congressional subpoena. Requires the Speaker of the House of Representatives to certify a finding of contempt of Congress to the appropriate U.S. attorney for presentation to a grand jury. Requires the Chief Judge of a U.S. district court to appoint a special counsel to prosecute any contempt case certified by the Speaker if the Attorney General or U.S. attorney to whom a finding of contempt was certified declines to prosecute or a grand jury does not return an indictment within a specified time period. Requires such special counsel to be an attorney in good standing with substantial prosecutorial experience who did not serve in the administration of a President in office when a finding of contempt was certified. Grants full power and independent authority to the special counsel to exercise all prosecutorial functions and powers. Sets forth provisions for the removal of the special counsel and the termination of the special counsel's authority. Increases the penalty for refusal of witnesses to testify or produce papers in response to a congressional subpoena. Makes this Act effective on January 20, 2009.
SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``National Transportation Safety Board Amendments Act of 1999''. (b) References.--Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision of law, the reference shall be considered to be made to a section or other provision of title 49, United States Code. SEC. 2. DEFINITIONS. Section 1101 is amended to read as follows: ``Sec. 1101. Definitions ``Section 2101(17a) of title 46 and section 40102(a) of this title apply to this chapter. In this chapter, the term `accident' includes damage to or destruction of vehicles in surface or air transportation or pipelines, regardless of whether the initiating event is accidental or otherwise.''. SEC. 3. AUTHORITY TO ENTER INTO AGREEMENTS. (a) In General.--Section 1113(b)(1)(I) is amended to read as follows: ``(I) negotiate and enter into agreements with private entities and departments, agencies, and instrumentalities of the Government, State and local governments, and governments of foreign countries for the provision of technical services or training in accident investigation theory and technique, and require that such entities provide appropriate consideration for the reasonable costs of any goods, services, or training provided by the Board.''. (b) Deposit of Amounts.--Section 1114(a) is amended-- (1) by inserting ``(1)'' before ``Except''; and (2) by adding at the end the following: ``(2) The Board shall deposit in the Treasury amounts received under paragraph (1). Such amounts shall be available to the Board as provided in appropriations Acts.''. SEC. 4. OVERTIME PAY. Section 1113 is amended by adding at the end the following: ``(g) Overtime Pay.-- ``(1) In general.--Subject to the requirements of this section and notwithstanding paragraphs (1) and (2) of section 5542(a) of title 5, for an employee of the Board whose basic pay is at a rate which equals or exceeds the minimum rate of basic pay for GS-10 of the General Schedule, the Board may establish an overtime hourly rate of pay for the employee with respect to work performed at the scene of an accident (including travel to or from the scene) and other work that is critical to an accident investigation in an amount equal to one and one-half times the hourly rate of basic pay of the employee. All of such amount shall be considered to be premium pay. ``(2) Limitation on overtime pay to an employee.--An employee of the Board may not receive overtime pay under paragraph (1), for work performed in a calendar year, in an amount that exceeds 15 percent of the annual rate of basic pay of the employee for such calendar year. ``(3) Limitation on total amount of overtime pay.--The Board may not make overtime payments under paragraph (1), for work performed in a calendar year, in a total amount that exceeds $570,000. ``(4) Basic pay defined.--In this subsection, the term `basic pay' includes any applicable locality-based comparability payment under section 5304 of title 5 (or similar provision of law) and any special rate of pay under section 5305 of title 5 (or similar provision of law). ``(5) Annual report.--Not later than January 31, 2001, and annually thereafter, the Board shall transmit to Congress a report identifying the total amount of overtime payments made under this subsection in the preceding fiscal year and the number of employees whose overtime pay under this subsection was limited in such fiscal year as a result of the 15 percent limit established by paragraph (2).''. SEC. 5. RECORDERS. (a) Cockpit Video Recordings.--Section 1114(c) is amended-- (1) in the subsection heading by striking ``Voice''; (2) in paragraphs (1) and (2) by striking ``cockpit voice recorder'' and inserting ``cockpit voice or video recorder''; and (3) in the second sentence of paragraph (1) by inserting ``or any written depiction of visual information'' after ``transcript''. (b) Surface Vehicle Recordings and Transcripts.-- (1) In general.--Section 1114 is amended-- (A) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (B) by inserting after subsection (c) the following: ``(d) Surface Vehicle Recordings and Transcripts.-- ``(1) Confidentiality of recordings.--The Board may not disclose publicly any part of a surface vehicle voice or video recorder recording or transcript of oral communications by or among drivers, train employees, or other operating employees responsible for the movement and direction of the vehicle or vessel, or between such operating employees and company communication centers, related to an accident investigated by the Board. However, the Board shall make public any part of a transcript or any written depiction of visual information that the Board decides is relevant to the accident-- ``(A) if the Board holds a public hearing on the accident, at the time of the hearing; or ``(B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident are placed in the public docket. ``(2) References to information in making safety recommendations.--This subsection does not prevent the Board from referring at any time to voice or video recorder information in making safety recommendations.''. (2) Conforming amendment.--The first sentence of section 1114(a) is amended by striking ``and (e)'' and inserting ``(d), and (f)''. (c) Discovery and Use of Cockpit and Surface Vehicle Recordings and Transcripts.-- (1) In general.--Section 1154 is amended-- (A) in the section heading by striking ``cockpit voice and other material'' and inserting ``cockpit and surface vehicle recordings and transcripts''; (B) in subsection (a)-- (i) by striking ``cockpit voice recorder'' each place it appears and inserting ``cockpit or surface vehicle recorder''; (ii) by striking ``section 1114(c)'' each place it appears and inserting ``section 1114(c) or 1114(d)''; and (iii) by adding at the end the following: ``(6) In this subsection-- ``(A) the term `recorder' means a voice or video recorder; and ``(B) the term `transcript' includes any written depiction of visual information obtained from a video recorder.''. (2) Conforming amendment.--The table of sections for chapter 11 is amended by striking the item relating to section 1154 and inserting the following: ``1154. Discovery and use of cockpit and surface vehicle recordings and transcripts.''. (d) Requirements for Installation and Use of Recording Devices.-- Section 329 is amended by adding at the end the following: ``(e) Requirements for Installation and Use of Recording Devices.-- A requirement for the installation and use of an automatic voice, video, or data recording device on an aircraft, vessel, or surface vehicle shall not be construed to be the collection of information for the purpose of any Federal law or regulation, if the requirement-- ``(1) meets a safety need for the automatic recording of realtime voice or data experience that is restricted to a fixed period of the most recent operation of the aircraft, vessel, or surface vehicle; ``(2) does not place a periodic reporting burden on any person; and ``(3) does not necessitate the collection and preservation of data separate from the device.''. SEC. 6. PRIORITY OF INVESTIGATIONS. (a) In General.--Section 1131(a)(2) is amended-- (1) by striking ``(2) An investigation'' and inserting ``(2)(A) Subject to the requirements of this paragraph, an investigation''; and (2) by adding at the end the following: ``(B) If the Attorney General, in consultation with the Chairman of the Board, determines and notifies the Board that circumstances reasonably indicate that the accident may have been caused by an intentional criminal act, the Board shall relinquish investigative priority to the Federal Bureau of Investigation. The relinquishment of investigative priority by the Board shall not otherwise affect the authority of the Board to continue its investigation under this section. ``(C) If a law enforcement agency suspects and notifies the Board that an accident being investigated by the Board under paragraph (1)(A) through (D) may have been caused by an intentional criminal act, the Board, in consultation with the law enforcement agency, shall take necessary actions to ensure that evidence of the criminal act is preserved.''. (b) Revision of 1977 Agreement.--Not later than 1 year after the date of the enactment of this Act, the National Transportation Safety Board and the Federal Bureau of Investigation shall revise their 1977 agreement on the investigation of accidents to take into account the amendments made by this Act. SEC. 7. PUBLIC AIRCRAFT INVESTIGATION CLARIFICATION. Section 1131(d) is amended by striking ``1134(b)(2)'' and inserting ``1134(a), (b), (d), and (f)''. SEC. 8. AUTHORITY OF THE INSPECTOR GENERAL. (a) In General.--Subchapter III of chapter 11 of subtitle II is amended by adding at the end the following: ``Sec. 1137. Authority of the Inspector General ``(a) In General.--The Inspector General of the Department of Transportation, in accordance with the mission of the Inspector General to prevent and detect fraud and abuse, shall have authority to review only the financial management and business operations of the National Transportation Safety Board, including internal accounting and administrative control systems, to determine compliance with applicable Federal laws, rules, and regulations. ``(b) Duties.--In carrying out this section, the Inspector General shall-- ``(1) keep the Chairman of the Board and Congress fully and currently informed about problems relating to administration of the internal accounting and administrative control systems of the Board; ``(2) issue findings and recommendations for actions to address such problems; and ``(3) report periodically to Congress on any progress made in implementing actions to address such problems. ``(c) Access to Information.--In carrying out this section, the Inspector General may exercise authorities granted to the Inspector General under subsections (a) and (b) of section 6 of the Inspector General Act of 1978 (5 U.S.C. App.). ``(d) Reimbursement.--The Inspector General shall be reimbursed by the Board for the costs associated with carrying out activities under this section.''. (b) Conforming Amendment.--The table of sections for such subchapter is amended by adding at the end the following: ``1137. Authority of the Inspector General.''. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. Section 1118(a) is amended to read as follows: ``(a) In General.--There is authorized to be appropriated for the purposes of this chapter $57,000,000 for fiscal year 2000, $65,000,000 for fiscal year 2001, and $72,000,000 for fiscal year 2002. Such sums remain available until expended.''. Passed the House of Representatives September 30, 1999. Attest: JEFF TRANDAHL, Clerk.	(Sec. 3) Grants the National Transportation Safety Board (NTSB) authority to: (1) negotiate and enter into agreements with private entities, Federal, State, and local governments, and foreign governments for the provision of technical services or training in accident investigation theory and technique; and (2) require that such entities provide appropriate consideration for the reasonable costs of any goods, services, or training provided by the NTSB.(Sec. 4) Authorizes the NTSB to pay an employee with basic pay at a rate of GS-10 or above an overtime hourly rate of time-and-a-half for work performed at an accident scene (including travel to or from the scene) and other work critical to an accident investigation. Specifies limits on total NTSB overtime payments in a calendar year.(Sec. 5) Prohibits the NTSB from disclosing publicly any part of a surface vehicle video recorder recording or transcript of oral communications by or among drivers, train employees, or other operating employees responsible for the movement and direction of the vehicle or vessel, or between such operating employees and company communication centers, regarding an accident investigated by the NTSB. Requires the NTSB to make public any part of a transcript or any written depiction of visual information relevant to an accident, provided certain conditions are met. Subjects surface vehicle recordings (voice or video recorder) and transcripts of accidents (written depiction of visual information obtained from a video recorder) to specified requirements for discovery and use in a judicial proceeding.Prescribes requirements for installation and use of recording devices on surface vehicles.(Sec. 6) Requires the NTSB to relinquish investigative priority to the Federal Bureau of Investigation with respect to an accident if the Attorney General determines that circumstances reasonably indicate that such accident may have been caused by an intentional criminal act.(Sec. 8) Limits the Federal law compliance review authority of the Inspector General of the Department of Transportation with respect to the NTSB to its financial management and business operations (including internal accounting and administration control systems).(Sec. 9) Authorizes appropriations.