santoshtyss/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Diabetes Prevention Act of 2009''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) According to the Centers for Disease Control and Prevention (CDC), the prevalence of diabetes in the United States has more than doubled in the past quarter-century. (2) The CDC reports that there are now more than 23,600,000 people in the United States living with diabetes and another 57,000,000 individuals with ``pre-diabetes'' in the United States, which means that they have higher than normal blood glucose levels or are at increased risk of developing diabetes based on multiple risk factors. (3) In 2002, the landmark Diabetes Prevention Program (DPP) study found that lifestyle changes, such as diet and exercise, can prevent or delay the onset of type 2 diabetes, and that participants who made such lifestyle changes reduced their risk of getting type 2 diabetes by 58 percent with some returning to normal blood glucose levels. (4) The New York Times has reported that lifestyle-based interventions to control diabetes have resulted in positive outcomes for patients, yet despite these successes, such interventions were often unsustainable. While insurance companies cover the treatments of complications of unchecked diabetes, they tend not to cover the cheaper interventions to prevent such complications. (5) Emerging research and demonstrations projects funded by the National Institutes of Health and the CDC in partnership with Indiana University and the YMCA show that a carefully designed group lifestyle intervention can be delivered for less than $250 per person per year in community settings and can achieve similar weight loss results to the DPP for adults with pre-diabetes. (6) Diabetes carries staggering costs. In 2007, the total amount of the direct and indirect costs of diabetes was estimated at $174,000,000,000 according to the American Diabetes Association. (7) The Urban Institute reported that if the Nation makes a substantial investment in a national program that supports group-based structured lifestyle intervention programs for individuals at-risk of developing type 2 diabetes offered by trained non-clinicians in community settings, the Nation could save $191,000,000,000 over 10 years and achieve a 50 percent reduction in diabetes cases among participants. (8) There is a need to increase the availability of effective community-based lifestyle programs for diabetes prevention and offer incentive payments to health care providers who refer at-risk patients for enrollment in such programs to prevent diabetes, reduce complications, and lower the costs associated with diabetes treatment in the United States, and the Federal Government should encourage efforts to replicate the results of the Diabetes Prevention Program on a wider scale. SEC. 3. NATIONAL DIABETES PREVENTION PROGRAM. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by inserting after section 317T the following: ``SEC. 317U. NATIONAL DIABETES PREVENTION PROGRAM. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish a national diabetes prevention program targeted at persons at high risk for diabetes of all ages in order to eliminate the preventable burden of diabetes. ``(b) Program.--The program under subsection (a) shall include the following: ``(1) Grants for community-based diabetes prevention program model sites for persons at high risk for diabetes.--The Secretary may award grants to recognized eligible entities-- ``(A) to support community-based diabetes prevention program model sites that work with the health care delivery system-- ``(i) to identify persons at high risk for diabetes; and ``(ii) to refer such persons to, or provide such persons with, cost-effective group-based lifestyle intervention programs; and ``(B) to evaluate-- ``(i) methods for ensuring the scalability of recognized community-based diabetes prevention program sites nationally; ``(ii) the health and economic benefits of a national diabetes prevention program for persons at high risk for diabetes in certain age groups, including the pre-Medicare population; ``(iii) emerging approaches to identify and engage persons at high risk for diabetes in health care and community-based programs; ``(iv) novel strategies for linking community-based program delivery with existing clinical services; and ``(v) the costs and cost effectiveness of clinic-community linkages. ``(2) Recognition program.--The Secretary shall develop and implement a program under which the Secretary recognizes, and re-recognizes on an annual basis, eligible entities that deliver community-based diabetes prevention programs. To be recognized under this paragraph, an eligible entity shall-- ``(A) describe its system for obtaining referral from health care professionals for persons at high risk for diabetes; ``(B) provide proof that the entity's staff have been trained as diabetes prevention program lifestyle interventionists and the entity has a system in place to ensure that staff receive timely training updates; ``(C) agree to maintain a community board (for purposes of advising the entity's community-based diabetes prevention program) whose membership includes-- ``(i) a person at high risk for diabetes who has completed a lifestyle intervention; ``(ii) a health care professional who refers persons at high risk for diabetes to lifestyle intervention programs; ``(iii) community leaders; ``(iv) representatives of the health insurance industry; and ``(v) representatives of employers, businesses, and nonprofit organizations that are committed to offering healthy food and physical activity opportunities for residents; ``(D) agree to provide data to the Secretary for outcome evaluation monitoring purposes and quality improvement, including data regarding the number of persons served, participant attendance, completion rates, weight loss obtained, participant satisfaction, and referring clinician satisfaction; ``(E) develop a plan for communications between referring clinicians and community-based diabetes prevention program model sites; ``(F) agree to make available to the Secretary copies of materials used in the entity's community- based diabetes prevention program; and ``(G) provide evidence to the Secretary of quality checks on trainers. ``(3) Training and outreach.--In partnership with State diabetes prevention and control programs, academic institutions, and a national network of community-based nonprofit organizations focused on health and well-being, the Secretary shall develop and implement, directly or through grants to eligible entities-- ``(A) a curriculum development and training program for diabetes prevention master and lifestyle intervention instructors to ensure consistency in-- ``(i) the principles of type 2 diabetes prevention programming throughout the United States; and ``(ii) the collection of outcomes data for quality assurance; ``(B) community outreach programs to identify community and provider groups to participate in the national diabetes prevention program and coordinate quality assurance programs at the local level in partnership with community-based organizations; and ``(C) a national partner outreach program to identify and work with national partners-- ``(i) to identify workers in the community to complete training under subparagraph (A); and ``(ii) to facilitate the recognition of eligible entities under paragraph (2). ``(4) Evaluation, monitoring, and technical assistance.-- The Secretary shall provide quality assurance for each community-based diabetes prevention program model site funded under paragraph (1) and, as necessary and feasible, for other recognized community-based diabetes prevention programs through evaluation, monitoring, and technical assistance, including by-- ``(A) reviewing applications for recognition under paragraph (2); ``(B) evaluating and monitoring program data including providing standardized feedback to sites for quality improvement; ``(C) making de-identified data available to the public to ensure transparency of the recognition program under paragraph (2); ``(D) conducting site visits and periodic audits; ``(E) providing technical assistance and a process for improving performance in sites not meeting standards for recognition under paragraph (2); and ``(F) establishing a public registry of recognized eligible entities. ``(5) Applied research programs.--The Secretary shall award grants to eligible entities to conduct diabetes prevention research that-- ``(A) advances the scalability of recognized community-based diabetes prevention program sites nationally; ``(B) examines model benefit and payment designs; and ``(C) tests communications strategies to engage providers and targeted at-risk populations. ``(6) Studies for diabetes prevention and management.--To build on the findings of the national diabetes prevention program under this section, the Secretary may conduct or support studies to manage, reduce, and prevent type 2 diabetes in at-risk populations, including consideration of factors such as nutrition, exercise education, and basic physical maintenance of healthy levels of cholesterol, body mass index, hemoglobin A1C, and blood pressure rates. ``(c) Report to Congress.--Not later than the end of fiscal year 2011, and every 2 years thereafter, the Secretary shall submit a report to the Congress on the implementation of this section, including the progress achieved in eliminating the preventable burden of diabetes. ``(d) Definitions.--In this section: ``(1) The term `eligible entity' means-- ``(A) a State or local health department; ``(B) a national network of community-based organizations described in section 501(c)(3) of the Internal Revenue Code of 1986 that is focused on health and well-being; ``(C) an academic institution; ``(D) an Indian tribe or tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act); or ``(E) any other entity determined by the Secretary to be an eligible entity for purposes of this section. ``(2) The term `person at high risk for diabetes' means an individual who has higher than normal blood glucose levels or is at an increased risk for developing diabetes based on multiple risk factors. ``(3) The term `recognized' means recognized under subsection (b)(2). ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $80,000,000 for fiscal year 2011, and such sums as may be necessary for each subsequent fiscal year.''.

Diabetes Prevention Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to establish a national diabetes prevention program targeted at persons at high risk for diabetes. Authorizes the Secretary to award grants to recognized eligible entities to: (1) support community-based diabetes prevention program model sites that work with the health care delivery system to identify such high risk persons and to refer them to, or provide them with, cost-effective group-based lifestyle intervention programs; and (2) evaluate methods for ensuring the scalability of recognized community-based diabetes prevention program sites nationally, the health and economic benefits of a national diabetes prevention program for high risk persons in certain age groups, emerging approaches to identify and engage persons at high risk in health care and community-based programs, novel strategies for linking community-based program delivery with existing clinical services, and the costs and cost effectiveness of clinic-community linkages. Directs the Secretary to develop and implement: (1) a program under which the Secretary recognizes, annually, eligible entities that deliver community-based diabetes prevention programs; (2) a curriculum development and training program for diabetes prevention master and lifestyle intervention instructors; (3) community outreach programs to identify community and provider groups to participate in the national diabetes prevention program and coordinate quality assurance programs at the local level in partnership with community-based organizations; and (4) a national partner outreach program to identify and work with national partners to identify workers in the community to complete instructor training and to facilitate the recognition of eligible entities to deliver community-based diabetes prevention programs. Requires the Secretary to: (1) provide quality assurance for each community-based diabetes prevention program model site funded under this Act and for other recognized community-based diabetes prevention programs; and (2) award grants to eligible entities to conduct diabetes prevention research. Authorizes the Secretary to conduct or support studies to manage, reduce, and prevent type-2 diabetes in at-risk populations.

To amend the Public Health Service Act with respect to the prevention of diabetes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senator Paul Simon Water for the World Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) The Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109-121)-- (A) makes access to safe water and sanitation for developing countries a specific policy objective of United States foreign assistance programs; (B) requires the Secretary of State to-- (i) develop a strategy to elevate the role of water and sanitation policy; and (ii) improve the effectiveness of United States assistance programs undertaken in support of that strategy; (C) codifies Target 10 of the United Nations Millennium Development Goals; and (D) seeks to reduce by half between 1990 (the baseline year) and 2015-- (i) the proportion of people who are unable to reach or afford safe drinking water; and (ii) the proportion of people without access to basic sanitation. (2) On December 20, 2006, the United Nations General Assembly, in GA Resolution 61/192, declared 2008 as the International Year of Sanitation, in recognition of the impact of sanitation on public health, poverty reduction, economic and social development, and the environment. (3) On August 1, 2008, Congress passed H. Con. Res. 318, which-- (A) supports the goals and ideals of the International Year of Sanitation; and (B) recognizes the importance of sanitation on public health, poverty reduction, economic and social development, and the environment. (4) While progress is being made on safe water and sanitation efforts-- (A) more than 884,000,000 people throughout the world lack access to safe drinking water; and (B) 2 of every 5 people in the world do not have access to basic sanitation services. (5) The health consequences of unsafe drinking water and poor sanitation are significant, accounting for-- (A) nearly 10 percent of the global burden of disease; and (B) more than 2,000,000 deaths each year. (6) The effects of climate change are expected to produce severe consequences for water availability and resource management in the future, with 2,800,000,000 people in more than 48 countries expected to face severe and chronic water shortages by 2025. (7) According to the November 2008 report entitled, ``Global Trends 2025: A Transformed World'', the National Intelligence Council expects rapid urbanization and future population growth to exacerbate already limited access to water, particularly in agriculture-based economies. (8) A 2009 report published in the Proceedings of the National Academy of Sciences projects that the effects of climate change will produce long-term droughts and raise sea levels for the next 1,000 years, regardless of future efforts to combat climate change. (9) According to the 2005 Millennium Ecosystem Assessment, commissioned by the United Nations, more than \1/5\ of the world population relies on freshwater that is either polluted or excessively withdrawn. (10) The impact of water scarcity on conflict and instability is evident in many parts of the world, including the Darfur region of Sudan, where demand for water resources has contributed to armed conflict between nomadic ethnic groups and local farming communities. (11) In order to further the United States contribution to safe water and sanitation efforts, it is necessary to-- (A) expand foreign assistance capacity to address the challenges described in this section; and (B) represent issues related to water and sanitation at the highest levels of United States foreign assistance and diplomatic deliberations, including those related to issues of global health, food security, the environment, global warming, and maternal and child mortality. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that the United States should lead a global effort to bring sustainable access to clean water and sanitation to poor people throughout the world. SEC. 4. PURPOSE. The purpose of this Act is-- (1) to provide first-time access to safe water and sanitation, on a sustainable basis, for 100,000,000 people in high priority countries (as designated under section 6(f) of the Senator Paul Simon Water for the Poor Act of 2005 (22 U.S.C. 2152h note)) by 2015; and (2) to enhance the capacity of the United States Government to fully implement the Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109-121). SEC. 5. DEVELOPING UNITED STATES GOVERNMENT CAPACITY. Section 135 of the Foreign Assistance Act of 1961 (22 U.S.C. 2152h) is amended by adding at the end the following: ``(e) Office of Water.-- ``(1) Establishment.--To carry out the purposes of subsection (a), the Administrator of the United States Agency for International Development shall establish the Office of Water within the Bureau for Economic Growth, Agriculture, and Trade. ``(2) Leadership.--The Office of Water shall be headed by a Director for Safe Water and Sanitation, who shall report directly to the Assistant Administrator of the Bureau for Economic Growth, Agriculture, and Trade. ``(3) Duties.--The Director shall-- ``(A) implement this section and the Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109- 121); ``(B) develop and implement country-specific water strategies and expertise, in collaboration with appropriate United States Agency for International Development Mission Directors, to meet the goal of providing 100,000,000 additional people with sustainable access to safe water and sanitation by 2015; and ``(C) place primary emphasis on providing safe, affordable, and sustainable drinking water, sanitation, and hygiene in a manner that-- ``(i) is consistent with sound water resource management principles; and ``(ii) utilizes such approaches as direct service provision, capacity building, institutional strengthening, regulatory reform, and partnership collaboration. ``(4) Capacity.--The Director may utilize interagency details or partnerships with universities, civil society, and the private sector, as needed, to strengthen implementation capacity. ``(f) Special Coordinator for International Water.-- ``(1) Establishment.--To increase the capacity of the Department of State to address international issues regarding safe water, sanitation, integrated river basin management, and other international water programs, the Secretary of State shall establish a Special Coordinator for International Water (referred to in this subsection as the `Special Coordinator'), who shall report to the Under Secretary for Democracy and Global Affairs. ``(2) Duties.--The Special Coordinator shall-- ``(A) oversee and coordinate the diplomatic policy of the United States Government with respect to global freshwater issues, including interagency coordination related to-- ``(i) sustainable access to safe drinking water, sanitation, and hygiene; ``(ii) integrated river basin and watershed management; ``(iii) transboundary conflict; ``(iv) agricultural and urban productivity of water resources; ``(v) disaster recovery, response, and rebuilding; ``(vi) pollution mitigation; and ``(vii) adaptation to hydrologic change due to climate variability; and ``(B) ensure that international freshwater issues are represented-- ``(i) within the United States Government; and ``(ii) in key diplomatic, development, and scientific efforts with other nations and multilateral organizations. ``(3) Staff.--The Special Coordinator is authorized to hire a limited number of staff to carry out the duties described in paragraph (2).''. SEC. 6. SAFE WATER, SANITATION, AND HYGIENE STRATEGY. Section 6 of the Senator Paul Simon Water for the Poor Act of 2005 (22 U.S.C. 2152h note) is amended-- (1) in subsection (c), by adding at the end the following: ``In developing the program activities needed to implement the strategy, the Secretary shall consider the results of the assessment described in subsection (e)(9).''; and (2) in subsection (e)-- (A) in paragraph (5), by striking ``and'' at the end; (B) in paragraph (6), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(7) an assessment of all United States Government foreign assistance allocated to the drinking water and sanitation sector during the 3 previous fiscal years, across all United States Government agencies and programs, including an assessment of the extent to which the United States Government's efforts are reaching the goal of providing first- time access to safe water and sanitation on a sustainable basis for 100,000,000 people in high priority countries; ``(8) recommendations on what the United States Government would need to do to achieve the goals referred to in paragraph (7), in support of the United Nation's Millennium Development Goal on access to safe drinking water; and ``(9) an assessment of best practices for mobilizing and leveraging the financial and technical capacity of business, governments, nongovernmental organizations, and civil society in forming public-private partnerships that measurably increase access to safe drinking water and sanitation.''. SEC. 7. DEVELOPING LOCAL CAPACITY. The Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109-121) is amended-- (1) by redesignating sections 9, 10, and 11 as sections 10, 11, and 12, respectively; and (2) by inserting after section 8 the following: ``SEC. 9. WATER AND SANITATION INSTITUTIONAL CAPACITY-BUILDING PROGRAM. ``(a) Establishment.-- ``(1) In general.--The Secretary of State and the Administrator of the United States Agency for International Development (referred to in this section as the `Secretary' and the `Administrator', respectively), in consultation with host country institutions, the Centers for Disease Control and Prevention, the Department of Agriculture, and other agencies, as appropriate, shall establish, in every high priority country, a program to build the capacity of host country institutions and officials responsible for water and sanitation in countries that receive assistance under section 135 of the Foreign Assistance Act of 1961, including training at appropriate levels, to-- ``(A) provide affordable, equitable, and sustainable access to safe drinking water and sanitation; ``(B) educate the populations of such countries about the dangers of unsafe drinking water and lack of proper sanitation; and ``(C) encourage behavior change to reduce individuals' risk of disease from unsafe drinking water and lack of proper sanitation and hygiene. ``(2) Coordination.--The programs established under subsection (a) shall be coordinated in each country by the lead country water manager designated in subsection (b)(2). ``(3) Expansion.--The Secretary and the Administrator may establish the program described in this section in additional countries if the receipt of such capacity building would be beneficial for promoting access to safe drinking water and sanitation, with due consideration given to good governance. ``(4) Capacity.--The Secretary and the Administrator-- ``(A) shall designate staff with appropriate expertise to carry out the strategy developed under section 4; and ``(B) may utilize, as needed, interagency details or partnerships with universities, civil society, and the private sector to strengthen implementation capacity. ``(b) Designation.--The United States Agency for International Development Mission Director for each country receiving a `high priority' designation under section 6(f) and for each region containing a country receiving such designation shall-- ``(1) designate safe drinking water and sanitation as a strategic objective; ``(2) appoint an employee of the United States Agency for International Development as in-country water and sanitation manager to coordinate the in-country implementation of this Act and section 135 of the Foreign Assistance Act of 1961 (22 U.S.C. 2152h) with host country officials at various levels of government responsible for water and sanitation, the Department of State, and other relevant United States Government agencies; and ``(3) coordinate with the Development Credit Authority and the Global Development Alliance to further the purposes of this Act.''. SEC. 8. OTHER ACTIVITIES SUPPORTED. Section 135(c) of the Foreign Assistance Act (22 U.S.C. 2152h(c)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end; and (3) by adding at the end the following: ``(5) foster global cooperation on research and technology development, including regional partnerships among water experts to address safe drinking water, sanitation, water resource management, and other water-related issues; ``(6) establish regional and cross-border cooperative activities between scientists and specialists that work to share technologies and best practices, mitigate shared water challenges, foster international cooperation, and defuse cross- border tensions; ``(7) provide grants through the United States Agency for International Development to foster the development, dissemination, and increased and consistent use of low cost and sustainable technologies, such as household water treatment, hand washing stations, and latrines, for providing safe drinking water, sanitation, and hygiene that are suitable for use in high priority countries, particularly in places with limited resources and infrastructure; ``(8) in collaboration with the Centers for Disease Control and Prevention, Department of Agriculture, the Environmental Protection Agency, the National Oceanic and Atmospheric Administration, and other agencies, as appropriate, conduct formative and operational research and monitor and evaluate the effectiveness of programs that provide safe drinking water and sanitation; and ``(9) integrate efforts to promote safe drinking water, sanitation and hygiene with existing foreign assistance programs, as appropriate, including activities focused on HIV/ AIDS, malaria, tuberculosis, maternal and child health, food security, and nutritional support.''. SEC. 9. UPDATED REPORT REGARDING WATER FOR PEACE AND SECURITY. Section 11(b) of the Senator Paul Simon Water for the Poor Act of 2005, as redesignated by section 7, is amended by adding at the end the following: ``The report submitted under this subsection shall include an assessment of current and likely future political tensions over water sources and multidisciplinary assessment of the expected impacts of global climate change on water supplies in 10, 25, and 50 years.''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated for fiscal year 2009 and for each subsequent fiscal year such sums as may be necessary to carry out this Act and the amendments made by this Act, pursuant to the criteria set forth in the Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109-121). (b) Use of Funds.-- (1) General water resource management activities.--Up to 20 percent of the amounts appropriated to implement this Act may be used to support general water resource management activities that improve countries' overall water sources. (2) Other activities.--Any amounts appropriated to implement this Act that are not used to carry out the activities described in paragraph (1) shall be allocated for activities related to safe drinking water, sanitation, and hygiene.

Senator Paul Simon Water for the World Act of 2009 - Amends the Foreign Assistance Act of 1961 to direct the Administrator of the United States Agency for International Development (USAID) to establish the Office of Water within the Bureau for Economic Growth, Agriculture, and Trade to: (1) give assistance to provide safe water and sanitation for people worldwide; and (2) be headed by a Director for Safe Water and Sanitation. Outlines the Director's duties. Requires the Secretary of State, in order to increase the capacity of the Department of State to address international issues regarding safe water, sanitation, integrated river basin management, and other international water programs, to establish a Special Coordinator for International Water. Outlines the Special Coordinator's duties. Amends the Senator Paul Simon Water for the Poor Act of 2005 to: (1) revise requirements concerning the safe water and sanitation strategy; (2) provide for the establishment of a program to build the capacity of host country institutions and officials responsible for water and sanitation in countries that receive assistance to provide safe water and sanitation under the Foreign Assistance Act of 1961; (3) expand the list of activities that may be supported by assistance furnished by the President for programs in developing countries to provide affordable and equitable access to safe water and sanitation; and (4) require the report regarding water for peace and security to include an assessment of political tensions over water sources and a multidisciplinary assessment of the expected impacts of global climate change on water supplies in 10, 25, and 50 years.

To provide 100,000,000 people with first-time access to safe drinking water and sanitation on a sustainable basis by 2015 by improving the capacity of the United States Government to fully implement the Senator Paul Simon Water for the Poor Act of 2005.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Education for Autistic Children Act of 2007'' or the ``TEACH Act of 2007''. SEC. 2. FINDINGS; PURPOSE; DEFINITION. (a) Findings.--Congress finds the following: (1) The occurrence of autism spectrum disorders (ASD) has increased during the past decade from an estimated one in 500 to an estimated one in 150 according to data released by the Centers for Disease Control and Prevention (CDC) in February 2007. CDC classified as having ASD children whose behaviors were consistent with the DSM-IV-TR criteria for Autistic Disorder, Asperger's Disorder, and Pervasive Developmental Disorder--Not Other Otherwise Specified (PDD-NOS). (2) Autism is a complex developmental disability that affects an individual in the areas of social interaction and communication. Because it is a spectrum disorder, it affects each individual differently and to varying degrees of severity. People with autism process and respond to information in unique ways. In some cases, aggressive or self-injurious behavior may be present. (3) The increased number of children diagnosed with an autism spectrum disorder is a growing and urgent concern for families and educators, as our education systems struggle to respond to the needs of this population in a comprehensive manner. (4) Factors that have a major impact on the intensity and types of education-related services for individuals with an autism spectrum disorder include the uniqueness of the ways individuals with autism process and respond to information, the variability of how autism affects each individual, the percentage of time individuals with autism are successfully taught in a regular classroom, and the communication and socialization deficits of those individuals. (5) Children with an autism spectrum disorder who receive intensive and appropriate educational services often make very significant functional improvements. (b) Purpose.--It is the purpose of this Act to increase the number of teachers and paraprofessional teaching assistants with expertise in autism spectrum disorders by providing a refundable tax credit for qualified education expenses of such teachers and paraprofessional teaching assistants. (c) Definition.--For purposes of this Act, the term ``autism spectrum disorders'' has the meaning given to the term ``Pervasive Developmental Disorder'' by the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision (DSM-IV-TR). SEC. 3. REFUNDABLE TAX CREDIT FOR EDUCATION AND TRAINING RELATING TO AUTISM SPECTRUM DISORDERS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 following new section: ``SEC. 36. EDUCATION AND TRAINING RELATING TO AUTISM SPECTRUM DISORDERS. ``(a) Allowance of Credit.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified expenses which are paid or incurred by the taxpayer during such taxable year. ``(b) Limitation.--The amount allowed as a credit under subsection (a) for a taxable year shall not exceed $10,000. ``(c) Qualified Expenses.--The term `qualified expenses' means-- ``(1) tuition, fees, books, supplies, and equipment required for the enrollment or attendance of such individual in a course or program of study to prepare such individual to teach children or adults with an autism spectrum disorder, and ``(2) interest on a qualified education loan (as defined by section 221(d)(1)), the proceeds of which are used to for expenses described in paragraph (1). ``(d) Autism Spectrum Disorders.--For purposes of this section, the term `autism spectrum disorders' has the meaning given to such term in section 2(c) of the TEACH Act of 2007. ``(e) Special Rules.-- ``(1) Approval of courses and programs of study.--A course or program of study shall not be taken into account for purposes of subsection (c) unless such course or program is approved by the State in which such course or program is offered. ``(2) Denial of double benefit.--No credit or deduction shall be allowed under this chapter for any expense for which credit is allowed under this section. ``(3) Coordination with other education provisions.--The total amount of qualified expenses shall be reduced by the amount of such expenses taken into account in determining any amount allowed as a credit under section 25A, excluded under section 135, 529(c)(1), or 530(d)(2), or deducted under section 222. For purposes of the preceding sentence, the amount taken into account in determining the amount excluded under section 529(c)(1) shall not include that portion of the distribution which represents a return of any contributions to the plan. ``(f) Termination.--This section shall not apply to taxable years beginning after December 31, 2012.'' (b) Technical Amendment.--Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or from section 36 of such Code'' before the period at the end. (c) Clerical Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 36. Education and training relating to autism spectrum disorders. ``Sec. 37. Overpayments of tax.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

Teacher Education for Autistic Children Act of 2007 or the TEACH Act of 2007 - Amends the Internal Revenue Code to allow a refundable income tax credit for up to $10,000 of the annual education expenses (e.g., tuition, books, student loan interest) incurred by individuals studying to become teachers of children or adults with an autism spectrum disorder. Terminates such credit after 2012.

To amend the Internal Revenue Code of 1986 to provide a refundable tax credit for education and training expenses relating to autism spectrum disorders to increase the number of teachers with such expertise.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Offshore Energy Security Act''. SEC. 2. DEVELOPMENT AND INVENTORY OF CERTAIN OUTER CONTINENTAL SHELF RESOURCES. (a) Definition of United States Person.--In this section, the term ``United States person'' means-- (1) any United States citizen or alien lawfully admitted for permanent residence in the United States; and (2) any person other than an individual, if 1 or more individuals described in paragraph (1) own or control at least 51 percent of the securities or other equity interest in the person. (b) Authorization of Activities and Exports Involving Hydrocarbon Resources by United States Persons.--Notwithstanding any other provision of law (including a regulation), United States persons (including agents and affiliates of those United States persons) may-- (1) engage in any transaction necessary for the exploration for and extraction of hydrocarbon resources from any portion of any foreign exclusive economic zone that is contiguous to the exclusive economic zone of the United States; and (2) export without license authority all equipment necessary for the exploration for or extraction of hydrocarbon resources described in paragraph (1). (c) Travel in Connection With Authorized Hydrocarbon Exploration and Extraction Activities.--Section 910 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7209) is amended by inserting after subsection (b) the following: ``(c) General License Authority for Travel-Related Expenditures by Persons Engaging in Hydrocarbon Exploration and Extraction Activities.-- ``(1) In general.--The Secretary of the Treasury shall, authorize under a general license the travel-related transactions listed in section 515.560(c) of title 31, Code of Federal Regulations, for travel to, from or within Cuba in connection with exploration for and the extraction of hydrocarbon resources in any part of a foreign maritime Exclusive Economic Zone that is contiguous to the United States' Exclusive Economic Zone. ``(2) Persons authorized.--Persons authorized to travel to Cuba under this section include full-time employees, executives, agents, and consultants of oil and gas producers, distributors, and shippers.''. (d) Moratorium of Oil and Gas Leasing in Certain Areas of the Gulf of Mexico.-- (1) In general.--Section 104(a) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended-- (A) by striking paragraph (1); (B) in paragraph (2), by striking ``125 miles'' and inserting ``45 miles''; (C) in paragraph (3), by striking ``100 miles'' each place it appears and inserting ``45 miles''; and (D) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (2) Regulations.-- (A) In general.--The Secretary of the Interior shall promulgate regulations that establish appropriate environmental safeguards for the exploration and production of oil and natural gas on the outer Continental Shelf. (B) Minimum requirements.--At a minimum, the regulations shall include-- (i) provisions requiring surety bonds of sufficient value to ensure the mitigation of any foreseeable incident; (ii) provisions assigning liability to the leaseholder in the event of an incident causing damage or loss, regardless of the negligence of the leaseholder or lack of negligence; (iii) provisions no less stringent than those contained in the Spill Prevention, Control, and Countermeasure regulations promulgated under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.); (iv) provisions ensuring that-- (I) no facility for the exploration or production of resources is visible to the unassisted eye from any shore of any coastal State; and (II) the impact of offshore production facilities on coastal vistas is otherwise mitigated; (v) provisions to ensure, to the maximum extent practicable, that exploration and production activities will result in no significant adverse effect on fish or wildlife (including habitat), subsistence resources, or the environment; and (vi) provisions that will impose seasonal limitations on activity to protect breeding, spawning, and wildlife migration patterns. (3) Conforming amendment.--Section 105 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 (Public Law 109-54; 119 Stat. 521) (as amended by section 103(d) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432)) is amended by inserting ``and any other area that the Secretary of the Interior may offer for leasing, preleasing, or any related activity under section 104 of that Act'' after ``2006)''. (e) Inventory of Outer Continental Shelf Oil and Natural Gas Resources Off Southeastern Coast of the United States.-- (1) In general.--The Secretary of the Interior (referred to in this subsection as the ``Secretary'') may conduct an inventory of oil and natural gas resources beneath the waters of the outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)) off of the coast of the States of Virginia, North Carolina, South Carolina, or Georgia in accordance with this subsection. (2) Best available technology.--In conducting the inventory, the Secretary shall use the best technology available to obtain accurate resource estimates. (3) Request by governor.--The Secretary may conduct an inventory under this subsection off the coast of a State described in paragraph (1) only if the Governor of the State requests the inventory. (4) Reports.--The Secretary shall submit to Congress and the requesting Governor a report on any inventory conducted under this subsection. (5) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection. (f) Enhanced Oil Recovery.--Section 354(c)(4)(B) of the Energy Policy Act of 2005 (42 U.S.C. 15910(c)(4)(B)) is amended-- (1) in clause (iii), by striking ``and'' at the end; (2) in clause (iv), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(v) are carried out in geologically challenging fields.''.

Domestic Offshore Energy Security Act - Authorizes United States persons to: (1) engage in any transaction necessary for exploration and extraction of hydrocarbon resources from any portion of any foreign exclusive economic zone contiguous to the Exclusive Economic Zone of the United States; and (2) export without license authority all equipment necessary for such activity. Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to direct the Secretary of the Treasury to grant general license authority for travel-related expenditures to, from, or within Cuba by persons engaging in hydrocarbon exploration and extraction in any part of a foreign maritime Exclusive Economic Zone contiguous to the U.S. Exclusive Economic Zone. Amends the Gulf of Mexico Energy Security Act of 2006 to: (1) repeal the oil and gas leasing moratorium governing any area east of the Military Mission Line; and (2) decrease from within 125 to within 45 miles of the Florida coastline the moratorium upon oil and gas leasing in the Eastern and Central Planning Area. Instructs the Secretary of the Interior to promulgate regulations that establish environmental safeguards for exploration and production of oil and natural gas on the outer Continental Shelf. Authorizes the Secretary of the Interior to conduct an oil and natural gas inventory beneath the waters of the outer Continental Shelf off the coasts of Virginia, North Carolina, South Carolina, or Georgia, but only upon request of the affected state governor. Amends the Energy Policy Act of 2005 regarding the program of grants to oil and gas producers to carry out projects to inject carbon dioxide for the purpose of enhancing oil or natural gas recovery while increasing the sequestration of carbon dioxide. Directs the Secretary of Energy to grant priority consideration to applications that, together with meeting other requirements, are carried out in geologically challenging fields.

A bill to provide for the development and inventory of certain outer Continental Shelf resources.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Family Home Protection Act''. SEC. 2. MORTGAGE PROTECTION FOR MEMBERS OF THE ARMED FORCES, SURVIVING SPOUSES, AND CERTAIN VETERANS. (a) Members of the Armed Forces, Surviving Spouses, and Certain Disabled Veterans.-- (1) In general.--Title III of the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) is amended by inserting after section 303 the following new section: ``SEC. 303A. MORTGAGES AND TRUST DEEDS OF CERTAIN SERVICEMEMBERS, SURVIVING SPOUSES, AND DISABLED VETERANS. ``(a) Mortgage as Security.--This section applies only to an obligation on real or personal property owned by a covered individual that-- ``(1) originated at any time and for which the covered individual is still obligated; and ``(2) is secured by a mortgage, trust deed, or other security in the nature of a mortgage. ``(b) Stay of Proceedings.-- ``(1) In general.--In accordance with subsection (d)(1), in a judicial action pending or in a nonjudicial action commenced during a covered time period to enforce an obligation described in subsection (a), a court-- ``(A) may, after a hearing and on its own motion, stay the proceedings until the end of the covered time period; and ``(B) shall, upon application by a covered individual, stay the proceedings until the end of the covered time period. ``(2) Obligation to stop proceedings.--Upon receipt of notice provided under subsection (d)(1), a mortgagee, trustee, or other creditor seeking to foreclose on real property secured by an obligation covered by this section using any judicial or nonjudicial proceedings shall immediately stop any such proceeding until the end of the covered time period. ``(c) Sale or Foreclosure.--A sale, judicial or nonjudicial foreclosure, or seizure of property for a breach of an obligation described in subsection (a) that is not stayed under subsection (b) shall not be valid during a covered time period except-- ``(1) upon a court order granted before such sale, judicial or nonjudicial foreclosure, or seizure with a return made and approved by the court; or ``(2) if made pursuant to an agreement as provided in section 107. ``(d) Notice Required.-- ``(1) In general.--To be covered under this section, a covered individual shall provide to the mortgagee, trustee, or other creditor written notice that such individual is so covered. ``(2) Manner.--Written notice under paragraph (1) may be provided electronically. ``(3) Time.--Notice provided under paragraph (1) shall be provided during the covered time period. ``(4) Contents.--With respect to a servicemember described in subsection (g)(1)(A), notice shall include-- ``(A) a copy of the servicemember's official military orders, or any notification, certification, or verification from a servicemember's commanding officer that provides evidence of servicemember's eligibility for special pay as described in subsection (g)(1)(A); or ``(B) an official notice using a form designed under paragraph (5). ``(5) Official forms.-- ``(A) In general.--The Secretary of Defense shall design and distribute an official Department of Defense form that can be used by an individual to give notice under paragraph (1). ``(B) Use of official form not required.--Failure by any individual to use a form designed or distributed under subparagraph (A) to provide notice shall not make such provision of notice invalid. ``(e) Aggregate Duration.--The aggregate duration for which a covered individual (except a servicemember described in subsection (g)(1)(A)) may be covered under this section is one year. ``(f) Misdemeanor.--A person who knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited by subsection (c), or who knowingly attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both. ``(g) Definitions.--In this section: ``(1) Covered individual.--The term `covered individual' means the following individuals: ``(A) A servicemember who is or was eligible for hostile fire or imminent danger special pay under section 310 of title 37, United States Code, during a period of military service. ``(B) A servicemember placed on convalescent status, including a servicemember transferred to the temporary disability retired list under section 1202 or 1205 of title 10, United States Code. ``(C) A veteran who was medically discharged and retired under chapter 61 of title 10, United States Code, except for a veteran described in section 1207 of such title. ``(D) A surviving spouse (as defined in section 101(3) of title 38, United States Code, and in accordance with section 103 of such title) of a servicemember who died while in military service if such spouse is the successor in interest to property covered under subsection (a). ``(2) Covered time period.--The term `covered time period' means the following time periods: ``(A) With respect to a servicemember who is or was eligible for hostile fire or imminent danger special pay under section 310 of title 37, United States Code, during a period of military service, during the period beginning on the first day on which the servicemember is or was eligible for such special pay during such period of military service and ending on the date that is one year after the last day of such period of military service. ``(B) With respect to a servicemember described in paragraph (1)(B), during the one-year period beginning on the date on which the servicemember is placed on convalescent status or transferred to the temporary disability retired list under section 1202 or 1205 of title 10, United States Code. ``(C) With respect to a veteran described in paragraph (1)(C), during the one-year period beginning on the date of the retirement of such veteran. ``(D) With respect to a surviving spouse of a servicemember as described in paragraph (1)(D), during the one-year period beginning on the date on which the spouse receives notice of the death of the servicemember.''. (2) Clerical amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 303 the following new item: ``Sec. 303A. Mortgages and trust deeds of certain servicemembers, surviving spouses, and disabled veterans.''. (3) Conforming amendment.--Section 107 of the Servicemembers Civil Relief Act (50 U.S.C. App. 517) is amended by adding at the end the following: ``(e) Other Individuals.--For purposes of this section, the term `servicemember' includes any covered individual under section 303A.''. (b) Increased Civil Penalties for Mortgage Violations.--Paragraph (3) of section 801(b) of the Servicemembers Civil Relief Act (50 U.S.C. App. 597(b)(3)) is amended to read as follows: ``(3) to vindicate the public interest, assess a civil penalty-- ``(A) with respect to a violation of section 207, 303, or 303A regarding real property-- ``(i) in an amount not exceeding $110,000 for a first violation; and ``(ii) in an amount not exceeding $220,000 for any subsequent violation; and ``(B) with respect to any other violation of this Act-- ``(i) in an amount not exceeding $55,000 for a first violation; and ``(ii) in an amount not exceeding $110,000 for any subsequent violation.''. (c) Credit Discrimination.--Section 108 of such Act (50 U.S.C. App. 518) is amended-- (1) by striking ``Application by'' and inserting ``(a) Application or Receipt.--Application by''; and (2) by adding at the end the following new subsection: ``(b) Eligibility.--In addition to the protections under subsection (a), an individual who is entitled to any right or protection provided under this Act may not be denied or refused credit or be subject to any other action described under paragraphs (1) through (6) of subsection (a) solely by reason of such entitlement.''. (d) Effective Date.--Section 303A of the Servicemembers Civil Relief Act, as added by subsection (a), and the amendments made by this section, shall take effect on the date that is 90 days after the date of the enactment of this Act. SEC. 3. TREATMENT OF RELOCATION FOR ACTIVE DUTY FOR PURPOSES OF MORTGAGE REFINANCING. (a) In General.--Title III of the Servicemembers Civil Relief Act (50 U.S.C. App. 531 et seq.) is amended by inserting after section 303A, as added by section 1(a)(1), the following new section: ``SEC. 303B. TREATMENT OF RELOCATION FOR ACTIVE DUTY FOR PURPOSES OF MORTGAGE REFINANCING. ``(a) Treatment of Absence From Residence Due to Active Duty.-- ``(1) In general.--Subject to paragraph (2), if, at any time that a servicemember who is the mortgagor under an existing mortgage does not reside in the residence that secures the existing mortgage because of relocation described in subsection (c)(1)(B), such servicemember inquires about or applies for a covered refinancing mortgage, such servicemember shall be, for all purposes relating to the covered refinancing mortgage, including such inquiry or application and eligibility for and compliance with any underwriting criteria and standards regarding such covered refinancing mortgage, considered to occupy the residence that secures the existing mortgage to be paid or prepaid by such covered refinancing mortgage as the principal residence of the servicemember during the period of any such relocation. ``(2) Limitation.--Paragraph (1) shall not apply with respect to a servicemember at any time if, during the five-year period preceding such time, the servicemember entered into a covered refinancing mortgage pursuant to this section. ``(b) Mortgages Originated Before Period Military Service.--If a covered refinancing mortgage is entered into pursuant to this section with respect to an existing mortgage that originated before the period of the servicemember's military service, such covered refinancing mortgage shall be deemed to be an obligation that originated before the period of the servicemember's military service and for which the servicemember is still obligated for purposes of section 303(a)(1). ``(c) Definitions.--In this section: ``(1) Existing mortgage.--The term `existing mortgage' means a mortgage that is secured by a 1- to 4-family residence, including a condominium or a share in a cooperative ownership housing association, that was the principal residence of a servicemember for a period that-- ``(A) had a duration of 13 consecutive months or longer; and ``(B) ended upon the relocation of the servicemember caused by the servicemember receiving military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days that did not allow the servicemember to continue to occupy such residence as a principal residence. ``(2) Covered refinancing mortgage.--The term `covered refinancing mortgage' means any mortgage-- ``(A) that is made for the purpose of paying or prepaying, and extinguishing, the outstanding obligations under an existing mortgage or mortgages; and ``(B) that is secured by the same residence that secured such existing mortgage or mortgages.''. (b) Clerical Amendment.--The table of contents for such Act is amended by inserting after the item relating to section 303A the following new item: ``Sec. 303B. Treatment of relocation for active duty for purposes of mortgage refinancing.''. SEC. 4. REQUIREMENTS FOR LENDING INSTITUTIONS THAT ARE CREDITORS FOR OBLIGATIONS AND LIABILITIES COVERED BY THE SERVICEMEMBERS CIVIL RELIEF ACT. Section 207 of the Servicemembers Civil Relief Act (50 U.S.C. App. 527) is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection (d): ``(d) Lending Institution Requirements.-- ``(1) Compliance officers.--Each lending institution subject to the requirements of this section shall designate an employee of the institution as a compliance officer who is responsible for ensuring the institution's compliance with this section and for distributing information to servicemembers whose obligations and liabilities are covered by this section. ``(2) Toll-free telephone number.--During any fiscal year, a lending institution subject to the requirements of this section that had annual assets for the preceding fiscal year of $10,000,000,000 or more shall maintain a toll-free telephone number and shall make such telephone number available on the primary Internet website of the institution.''.

Military Family Home Protection Act - Amends the Servicemembers Civil Relief Act (the Act) to allow a court, in an action to enforce an obligation on real or personal property secured by a mortgage against a servicemember who is, or was, eligible for hostile fire or imminent danger pay during a period of military service, a servicemember placed on convalescent status, a veteran who was medically discharged and retired, or the surviving spouse of a member who died during military service, to stay such proceedings, upon request of a covered individual, for a specified period (generally, one year after the event occurred for which the individual became covered). Prohibits the sale, foreclosure, or seizure of the subject property during such period, except upon a court order or pursuant to an agreement authorized under the Act. Requires the individual so covered to notify the mortgagee, trustee, or other creditor of such coverage. Provides a criminal penalty for violations of the sale or foreclosure prohibitions, and increases current civil penalties for mortgage violations under the Act. Prohibits an individual from being denied or refused credit solely by reason of eligibility for relief under this Act. Requires a servicemember-mortgagor who does not reside in the mortgage-secured residence due to military relocation and who inquires about, or applies for, a refinancing to be considered to occupy such residence during the period of the relocation. Requires each lending institution acting as a creditor to such servicemember, veteran, or surviving spouse to designate an employee responsible for ensuring the institution's compliance with the requirements of this Act. Requires any such institution that had prior annual assets of $10 billion or more to maintain on its primary website a toll-free number for information concerning such requirements.

Military Family Home Protection Act

SECTION 1. FAIRNESS AND ACCURACY IN HIGH STAKES EDUCATIONAL DECISIONS FOR STUDENTS. (a) Findings.--Congress makes the following findings: (1) The use of large-scale achievement tests in education has grown significantly in recent years. States and local school districts have increasingly used these tests in such contexts as raising student academic standards to make high- stakes decisions with important consequences for individual students, such as tracking (assigning students to schools, programs, or classes based on achievement level), promotion of students to the next grade, and graduation of students from secondary school. (2) The serious and often adverse consequences resulting from the sole reliance on large-scale tests have increasingly resulted in questions and significant concerns by students, parents, teachers, and school administrators about how to ensure that such tests are used appropriately and in a manner that is fair. (3) In 1997, Congress directed the National Academy of Sciences to ``conduct a study and make written recommendations on appropriate methods, practices, and safeguards to ensure that, among other things,...existing and new tests that are used to assess student performance are not used in a discriminatory manner or inappropriately for student promotion, tracking, or graduation.''. (4) In 1999, the National Academy of Sciences, through its National Research Council, completed its study and issued a report entitled ``High Stakes: Testing for Tracking, Promotion and Graduation''. Guided by principles of measurement validity, attribution of cause, and effectiveness of treatment, the National Research Council made key findings for appropriate test use in educational settings, including the following: (A) When tests are used in ways that meet relevant psychometric, legal, and educational standards, students' scores provide important information, that combined with information from other sources, can lead to decisions that promote student learning and equality of opportunity. (B) Tests are not perfect. Test questions are a sample of possible questions that could be asked in a given area. Moreover, a test score is not an exact measure of a student's knowledge or skills. (C) To the extent that all students are expected to meet world-class standards, there is a need to provide world-class curricula and instruction to all students. However, in most of the Nation, much needs to be done before a world-class curriculum and world-class instruction will be in place. At present, curriculum does not usually place sufficient emphasis on student understanding and application of concepts, as opposed to memorization and skill mastery. In addition, instruction in core subjects typically has been and remains highly stratified. What teachers teach and what students learn vary widely by track, with those in lower tracks receiving far less than a world-class curriculum. (D) It is a mistake to begin educational reform by introducing tests with high stakes for individual students. If tests are to be used for high stakes decisions about individual mastery, such use should follow implementation of changes in teaching and curriculum that ensure that students have been taught the knowledge and skills on which the students will be tested. (E) Problems of test validity are greatest among young children, and there is a greater risk of error when such tests are employed to make high stakes decisions about children who are less than 8 years old or below grade 3, or about their schools. However, well-designed assessments may be useful in monitoring trends in the educational development of populations of students who have reached age 5. (5) The National Research Council made the following recommendations: (A) If parents, educators, public officials, and others who share responsibility for educational outcomes are to discharge their responsibility effectively, they should have access to information about the nature and interpretation of tests and test scores. Such information should be made available to the public and should be incorporated into teacher education and into educational programs for principals, administrators, public officials, and others. (B) A test may appropriately be used to lead curricular reform, but it should not also be used to make high-stakes decisions about individual students until test users can show that the test measures what they have been taught. (C) High-stakes decisions such as tracking, promotion, and graduation should not automatically be made on the basis of a single test score but should be buttressed by other relevant information about the student's knowledge and skill, such as grades, teacher recommendations, and extenuating circumstances. (D) In general, large-scale assessments should not be used to make high-stakes decisions about students who are less than 8 years old or enrolled below grade 3. (E) High-stakes testing programs should routinely include a well-designed evaluation component. Policymakers should monitor both the intended and unintended consequences of high-stake assessments on all students and on significant subgroups of students, including minorities, English-language learners, and students with disabilities. (6) These principles and findings of the National Academy of Sciences are supported in significant measure by the Standards for Educational and Psychological Testing, adopted and approved in December of 1999, by the leading experts and professional organizations on testing, including the American Educational Research Association, American Psychological Association, and the National Council on Measurement in Education. (b) Test Performance.--If performance on a single large-scale test is considered as part of any decision about the retention, graduation, tracking, or within-class ability grouping of an individual student by a State educational agency or local educational agency that receives funds under the Elementary and Secondary Education Act of 1965, such test performance shall not be the sole criterion in such decision and may be considered in making such decision only if-- (1) the test, including any cut score or performance standard set or established for use on the test, meets professional standards of validity and reliability for the purpose for which the test's results are being used; (2) the test allows its users to make score interpretations in relation to a functional performance level, as distinguished from those interpretations that are made in relation to the performance of others; (3) the test is based on State or local content and performance standards and is aligned with the curriculum and classroom instruction; (4) the test follows implementation of changes in teaching and curriculum that ensure that students have been taught the knowledge and skills on which the students will be tested; (5) multiple measures of student achievement, including grades and evaluations by teachers, are utilized to ensure that scores from the test are never the only source of information used, nor the sole criterion used, in making a high-stakes decision about an individual student; (6) students tested have been provided multiple opportunities to demonstrate proficiency in the academic subject covered by the test; (7) the test is administered in accordance with the written guidance from the test developer or publisher; (8) the State educational agency or local educational agency involved has evidence that the test is of adequate technical quality for each purpose for which the test is used; (9) the State educational agency or local educational agency provides appropriate accommodations and alternate assessments for students with disabilities that provide the students with a valid opportunity to show what the students know and can do; (10) the State educational agency or local educational agency provides appropriate accommodations and alternative assessments for students with limited English proficiency (if the agency involved determines that the students have not achieved sufficient English proficiency to ensure that the test will validly and reliably measure the subject matter knowledge and skills of the students), including-- (A) the use of a test other than an English-only test; (B) the use of alternate assessments (consisting of psychometrically equivalent tests in the students' native language) in order to provide such students with a valid and reliable opportunity to demonstrate what the students know and can do; and (C) in a case in which the Secretary of Education determines that more than 5 percent of the students enrolled in kindergarten through grade 12 in a State are members of a single language minority group and are limited English proficient-- (i) the assessment of the students in that group using tests developed in the language of that group, if the State or local educational agency determines that such tests are more likely than English-only tests to yield accurate and reliable information regarding what those students know and can do; or (ii) if the language of the group is oral or unwritten or, in the case of Alaska Natives and other American Indians, if the predominant language of the group is historically unwritten, the furnishing of oral instructions, assistance, and other necessary information to such students relating to the English-only test; and (11) the test is not used for a decision about promotion or placement in special education for a child below the age of 8 or third grade. (c) Evaluations.-- (1) State educational agencies.--Each State educational agency that receives funds under the Elementary and Secondary Education Act of 1965 and uses a large-scale test as part of a high stakes decision described in subsection (b), shall periodically conduct a comprehensive evaluation of the impact of high stakes decisions on students' education and educational outcomes, with particular consideration given to the impact on individual students and subgroups of students disaggregated by socioeconomic status, race, ethnicity, limited English proficiency, disability, and gender. The State educational agency shall make the results of the evaluation available to the public and shall provide clear and comprehensible information about the nature, use, and interpretation of the test and the scores the test generate. (2) Local educational agency.--Each local educational agency that receives funds under the Elementary and Secondary Education Act of 1965, uses a large-scale test as part of a high stakes decision described in subsection (b), and is located in a State that does not conduct an evaluation under paragraph (1), shall periodically conduct a comprehensive evaluation of the impact of high stakes decisions on students' education and educational outcomes, with particular consideration given to the impact on individual students and subgroups of students disaggregated by socioeconomic status, race, ethnicity, limited English proficiency, disability, and gender. The local educational agency shall make the results of the evaluation available to the public and shall provide clear and comprehensible information about the nature, use, and interpretation of the test and the scores the test generate. (3) Department of education.--The Secretary shall-- (A) conduct an evaluation similar to the evaluation described in paragraph (1) among a representative sample of States and local educational agencies; (B) report the results of such evaluation to Congress; and (C) make the results of the evaluation available to the public. (d) Definitions.--In this section: (1) In general.--The terms used in this section have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965. (2) Large-scale test.--The term ``large-scale test'' means a test that is administered and scored under conditions uniform to all students so that the test scores are comparable across individuals. (3) Sole criterion.--The term ``sole criterion'' means the only one standard (such as a test score) used to make a judgment or a decision, including a step-wise decisionmaking procedure where students must reach or exceed one criterion (such as a cut score of a test) independent of or before other criteria can be considered.

Establishes certain requirements relating to the use of large-scale standardized tests by State and local educational agencies (SEAs and LEAs) that receive funds under the Elementary and Secondary Education Act of 1965 (ESEA).Prohibits performance on a large-scale test from being the sole determinant of any decision about an individual student's retention, graduation, tracking, or within-class ability grouping. Allows such test performance to be considered in making such decision only if specified criteria are met.Requires evaluations of the impact of standardized tests used in high stakes decisions on students' education and educational outcomes, particularly on individuals and subgroups disaggregated by socioeconomic status, race, ethnicity, limited English proficiency, disability, and gender, to be carried out by: (1) SEAs receiving ESEA funds; (2) LEAs receiving ESEA funds located in States that do not do such evaluations; and (3) the Secretary of Education.

To provide for fairness and accuracy in high stakes educational decisions for students.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Freedom and Fairness Act''. SEC. 2. PHASED REDUCTION OF 15 PERCENT INDIVIDUAL INCOME TAX RATE TO 10 PERCENT. (a) In General.--Section 1 of the Internal Revenue Code of 1986 (relating to tax imposed) is amended-- (1) by striking ``15%'' each place it appears in the tables in subsections (a) through (e) and inserting ``The applicable rate'', and (2) by adding at the end the following: ``(i) Applicable Rate.--For purposes of this section, the applicable rate for any taxable year shall be determined in accordance with the following table: ``In the case of any taxable year The applicable rate is: beginning in-- 1999.......................................... 14 percent 2000.......................................... 13 percent 2001.......................................... 12 percent 2002.......................................... 11 percent 2003 and thereafter........................... 10 percent.''. (b) Conforming Amendments.-- (1) Section 1(f)(2) of the Internal Revenue Code of 1986 is amended-- (A) by inserting ``except as provided in subsection (i),'' before ``by not changing'' in subparagraph (B), and (B) by inserting ``and the adjustment in rates under subsection (i)'' after ``rate brackets'' in subparagraph (C). (2) Section 1(g)(7)(B)(ii)(II) of such Code is amended by striking ``15 percent'' and inserting ``the applicable rate''. (3) Section 3402(p)(2) of such Code is amended by striking ``15 percent'' and inserting ``the applicable rate in effect under section 1(i) for the taxable year''. (c) New Tables.--Not later than 15 days after the date of enactment of this Act, the Secretary of the Treasury-- (1) shall prescribe tables for taxable years beginning in 1999 which shall reflect the amendments made by this section and which shall apply in lieu of the tables prescribed under sections 1(f)(1) and 3(a) of the Internal Revenue Code of 1986 for such taxable years, and (2) shall modify the withholding tables and procedures for such taxable years under section 3402(a)(1) of such Code to take effect as if the reduction in the rate of tax under section 1 of such Code (as amended by this section) was attributable to such a reduction effective on such date of enactment. (d) Section 15 Not To Apply.--No amendment made by this section shall be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 3. COMBINED RETURN TO WHICH UNMARRIED RATES APPLY. (a) In General.--Subpart B of part II of subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to income tax returns) is amended by inserting after section 6013 the following: ``SEC. 6013A. COMBINED RETURN WITH SEPARATE RATES. ``(a) General Rule.--A husband and wife may make a combined return of income taxes under subtitle A under which-- ``(1) a separate taxable income is determined for each spouse by applying the rules provided in this section, and ``(2) the tax imposed by section 1 is the aggregate amount resulting from applying the separate rates set forth in section 1(c) to each such taxable income. ``(b) Determination of Taxable Income.-- ``(1) In general.--For purposes of subsection (a)(1), the taxable income for each spouse shall be one-half of the taxable income computed as if the spouses were filing a joint return. ``(2) Nonitemizers.--For purposes of paragraph (1), if an election is made not to itemize deductions for any taxable year, the basic standard deduction shall be equal to the amount which is twice the basic standard deduction under section 63(c)(2)(C) for the taxable year. ``(c) Treatment of Credits.--Credits shall be determined (and applied against the joint liability of the couple for tax) as if the spouses had filed a joint return. ``(d) Treatment as Joint Return.--Except as otherwise provided in this section or in the regulations prescribed hereunder, for purposes of this title (other than sections 1 and 63(c)) a combined return under this section shall be treated as a joint return. ``(e) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out this section.''. (b) Unmarried Rate Made Applicable.--So much of subsection (c) of section 1 of the Internal Revenue Code of 1986 (relating to tax imposed) as precedes the table is amended to read as follows: ``(c) Separate or Unmarried Return Rate.--There is hereby imposed on the taxable income of every individual (other than a married individual (as defined in section 7703) filing a joint return or a separate return, a surviving spouse as defined in section 2(a), or a head of household as defined in section 2(b)) a tax determined in accordance with the following table:''. (c) Clerical Amendment.--The table of sections for subpart B of part II of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 6013 the following: ``Sec. 6013A. Combined return with separate rates.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act.

Taxpayer Freedom and Fairness Act - Amends the Internal Revenue Code to reduce the 15 percent individual income tax rate to ten percent over five years. Authorizes a married couple to file a combined return under which: (1) each spouse is taxed using the rates applicable to unmarried individuals; but (2) their joint tax liability shall be for the aggregate amount resulting from applying the separate rates to each taxable income.

Taxpayer Freedom and Fairness Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Force Protection and Readiness Act of 2010''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Sexual Assault Victim Advocate, victim service organization, and health care professional privileges in cases arising under Uniform Code of Military Justice. Sec. 3. Expedited consideration and priority for application for consideration of a permanent change of station or unit transfer based on humanitarian conditions for victim of sexual assault. Sec. 4. Codification of required information database on sexual assault incidents involving members of the Armed Forces. Sec. 5. Establishment of hotline to improve reporting of sexual assaults involving members of the Armed Forces. Sec. 6. Assignment and training of Sexual Assault Victim Advocates. Sec. 7. Provision of court-martial record to victim of sexual assault involving a member of the Armed Forces. Sec. 8. Legal training for judge advocates to improve investigation and prosecution of sexual assault offenses. SEC. 2. SEXUAL ASSAULT VICTIM ADVOCATE, VICTIM SERVICE ORGANIZATION, AND HEALTH CARE PROFESSIONAL PRIVILEGES IN CASES ARISING UNDER UNIFORM CODE OF MILITARY JUSTICE. (a) Privileges Established.-- (1) In general.--Subchapter XI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by adding at the end the following new section: ``Sec. 940a. Art. 140a. Privilege for communication with Sexual Assault Victim Advocate, victim service organization, or health care professional ``(a) Definitions.--In this section: ``(1) The term `client' means a person who consults with or is examined or interviewed by a Sexual Assault Victim Advocate of the Department of Defense, a victim service organization or any representative of the organization, or a health care professional or any representative of the professional. ``(2) The term `victim service organization' means an organization (whether public or private) that provides advice, counseling, or assistance to victims of domestic violence, family violence, dating violence, stalking, or sexual assault, or to the families of such victims. ``(3) The term `representative', with respect to an organization or professional, means a person directed by or assigned to assist that organization or professional, respectively, in providing advice, counseling, treatment, or assistance. ``(4) The term `confidential communication' means a communication not intended to be disclosed to third persons other than-- ``(A) those persons to whom disclosure is in furtherance of providing advice, counseling, treatment, or assistance to the client; and ``(B) those persons reasonably necessary for facilitating disclosure under subparagraph (A). ``(b) General Rule of Privilege.--(1) A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, in a case arising under this chapter, a confidential communication made between the client and a person or entity specified in paragraph (2) if such communication was made for the purpose of securing advice, counseling, treatment, or assistance concerning the client's mental, physical, or emotional condition caused by a sexual assault or other offense covered by section 920 of this title (article 120). ``(2) The privilege afforded by paragraph (1) applies to confidential communications with-- ``(A) any operator or recording device of the Department of Defense sexual assault reporting hotline; ``(B) a Sexual Assault Victim Advocate; ``(C) a victim service organization or any representative of the organization; and ``(D) a health care professional or any representative of the professional. ``(3) A person referred to in paragraph (2) shall notify clients as soon as practicable of the existence of the privilege afforded by paragraph (1). ``(c) Emergency Shelter Protection.--A client or representative of a client may not be compelled to provide testimony in a case arising under this chapter (or other disciplinary or administrative proceeding of an armed force) that would identify-- ``(1) the name, address, location, or telephone number of a safe house, abuse shelter, or other facility that provided temporary emergency shelter to the victim of the offense or transaction that is the subject of the proceeding; or ``(2) the name, address, or telephone number of a victim representative. ``(d) Who May Claim the Privilege.--The privilege under subsection (b) or (c) may be claimed by the client or the guardian or conservator of the client. A person who may claim the privilege may authorize trial counsel or defense counsel to claim the privilege on his or her behalf. The Sexual Assault Victim Advocate, victim service organization, health care professional, or representative who received the communication may claim the privilege on behalf of the client. The authority of the Sexual Assault Victim Advocate, organization, professional, representative, guardian, or conservator to assert the privilege is presumed in the absence of evidence to the contrary. ``(e) Exceptions.--There is no privilege under this section-- ``(1) when the client is dead, except for the privilege under subsection (c); ``(2) to the extent the communication reports child abuse; ``(3) when a Sexual Assault Victim Advocate, victim service organization, health care professional, or representative believes that a mental or emotional condition of the client makes the client a danger to any person, including the client; or ``(4) if the communication clearly contemplated the future commission of a fraud or crime or if the services of the Sexual Assault Victim Advocate, victim service organization, or health care professional are sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud.''. (2) Clerical amendment.--The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: ``940a. 140a. Privilege for communication with Sexual Assault Victim Advocate, victim service organization, or health care professional.''. (b) Applicability.--Section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), as added by subsection (a), applies to communications made after the date of the enactment of this Act. SEC. 3. EXPEDITED CONSIDERATION AND PRIORITY FOR APPLICATION FOR CONSIDERATION OF A PERMANENT CHANGE OF STATION OR UNIT TRANSFER BASED ON HUMANITARIAN CONDITIONS FOR VICTIM OF SEXUAL ASSAULT. (a) In General.--Chapter 39 of title 10, United States Code, is amended by inserting after section 672 the following new section: ``Sec. 673. Consideration of application for permanent change of station or unit transfer for members on active duty who are the victim of a sexual assault ``(a) Expedited Consideration and Priority for Approval.--To the maximum extent practical, the Secretary concerned shall provide for the expedited consideration and approval of an application for consideration of a permanent change of station or unit transfer submitted by a member of the armed forces serving on active duty who was a victim of a sexual assault or other offense covered by section 920 of this title (article 120) so as to reduce the possibility of retaliation against the member for reporting the sexual assault. ``(b) Regulations.--The Secretaries of the military departments shall issue regulations to carry out this section, within guidelines provided by the Secretary of Defense.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 672 the following new item: ``673. Consideration of application for permanent change of station or unit transfer for members on active duty who are the victim of a sexual assault.''. SEC. 4. CODIFICATION OF REQUIRED INFORMATION DATABASE ON SEXUAL ASSAULT INCIDENTS INVOLVING MEMBERS OF THE ARMED FORCES. (a) Database Required.--Chapter 80 of title 10, United States Code, is amended by inserting after section 1562 the following new section: ``Sec. 1562a. Database on sexual assault incidents ``(a) Database Required.--The Secretary of Defense shall maintain a centralized, case-level database for the collection, in a manner consistent with Department of Defense regulations for restricted reporting, and maintenance of information regarding sexual assaults involving a member of the armed forces, including information, if available, about the nature of the assault, the victim, the offender, and the outcome of any legal proceedings in connection with the assault. ``(b) Availability of Database.--The database required by subsection (a) shall be available to personnel of the Sexual Assault Prevention and Response Office of the Department of Defense. ``(c) Reports.--The database required by subsection (a) shall be used to develop and implement congressional reports, as required by the following ``(1) Sections 4361, 6980, and 9361 of this title. ``(2) Section 577(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108- 375; 10 U.S.C. 113 note).''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1562 the following new item: ``1562a. Database on sexual assault incidents.''. (c) Repeal of Superseded Requirement.--Section 563 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4470) is repealed. (d) Completion.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall complete implementation of the database required by subsection (a). SEC. 5. ESTABLISHMENT OF HOTLINE TO IMPROVE REPORTING OF SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a universal hotline to facilitate the reporting of a sexual assault-- (1) by a member of the Armed Forces, whether serving in the United States or overseas, who is a victim of a sexual assault; or (2) by any other person who is a victim of a sexual assault involving a member of the Armed Forces. SEC. 6. ASSIGNMENT AND TRAINING OF SEXUAL ASSAULT VICTIM ADVOCATES. (a) Assignment and Training.--Chapter 80 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1568. Sexual Assault Victim Advocates ``(a) Assignment of Victim Advocates.--(1) At least one full-time Sexual Assault Victim Advocate shall be assigned to each battalion or equivalent military unit. The Secretary concerned may assign additional Victim Advocates as necessary based on the demographics or needs of the unit. The additional Victim Advocates may serve on a full-time or part- time basis at the discretion of the Secretary. ``(2) The Secretary concerned shall assign members of the armed forces under the jurisdiction of the Secretary to serve as a deployable Sexual Assault Victim Advocate when Victim Advocates assigned to a unit under paragraph (1) are not deployed with the unit. ``(b) Training and Certification.--(1) The Secretary of Defense shall establish a training and certification program for Sexual Assault Victim Advocates. In developing the program, the Secretary of Defense shall work with the National Victim Assistance Academy. ``(2) A member or civilian employee assigned to duty as a Victim Advocate may obtain certification under the training program.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1568. Sexual Assault Victim Advocates.''. SEC. 7. PROVISION OF COURT-MARTIAL RECORD TO VICTIM OF SEXUAL ASSAULT INVOLVING A MEMBER OF THE ARMED FORCES. A copy of the prepared record of the proceedings of a court-martial involving a sexual assault or other sexual offense shall be given to the victim of the offence if the victim testified during the proceedings. The record of the proceedings shall be provided without charge and as soon as the record is authenticated. The victim shall be notified of the opportunity to receive the record of the proceedings. SEC. 8. LEGAL TRAINING FOR JUDGE ADVOCATES TO IMPROVE INVESTIGATION AND PROSECUTION OF SEXUAL ASSAULT OFFENSES. Section 806 of title 10, United States Code (article 6 of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection: ``(e) The Secretary of Defense shall provide for the inclusion of a training module for judge advocates who serve as trial counsel to improve their ability to investigate and prosecute cases involving a sexual assault or other offense covered by section 920 of this title (article 120).''.

Force Protection and Readiness Act of 2010 - Grants, in cases arising under the Uniform Code of Military Justice (UCMJ) for communications made between an alleged victim of sexual assault and a Sexual Assault Victim Advocate of the Department of Defense (DOD), to an individual who consulted with such an Advocate, a victim service organization, or a health care professional the privilege of refusing to disclose a confidential communication made by the individual if such communication was made for the purpose of securing advice, counseling, treatment, or assistance in connection with a sexual assault or other sexual misconduct. Allows the privilege to be claimed by the individual's guardian or conservator. Provides exceptions. Requires the Secretary of the military department concerned to provide for the expedited consideration of a request for a permanent change of military station or unit transfer submitted by a member of the Armed Forces serving on active duty who was a victim of sexual assault or other sexual offense. Codifies under federal law a required information database on sexual assault incidents involving members of the Armed Forces. Repeals a superseded requirement under the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009. Directs the Secretary of Defense to establish a universal hotline to facilitate the reporting of sexual assault involving members of the Armed Forces. Requires: (1) at least one full-time Sexual Assault Victim Advocate to be assigned to each battalion or equivalent military unit; and (2) appropriate training and certification of such advocates. Requires a copy of the record of proceedings of a court-martial involving a sexual assault or other sexual offense to be given to the victim if the victim testified during the proceedings. Directs the Secretary to provide a training module for judge advocates who serve as trial counsel to improve their ability to investigate and prosecute cases involving a sexual assault or other sexual offense.

To prevent and end the occurrence of sexual assaults involving members of the Armed Forces.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Memorial to Noncitizen Patriots Act''. SEC. 2. CONGRESSIONAL FINDINGS. (a) The Congress finds the following: (1) There is a long history of noncitizens serving in the Armed Forces of the United States of America. (2) Noncitizens have been engaged in American battles since the Colonial period, both as volunteers and conscripts. (3) George Washington, a British subject, led our American Revolution and the Marquis de Lafayette, a citizen of France, and hundreds of other noncitizens helped win our independence. (4) In the War of 1812, some Irish nationals helped the United States fight British invaders. (5) Thousands of noncitizens fought for the Union Army in the Civil War. (6) Roughly one in five wartime draftees during World War I was foreign-born, and approximately 9 percent were noncitizens. (7) According to one recent study, more than 20 percent of the 3,400 members of the Armed Forces who have been awarded the Medal of Honor, the Nation's highest military honor, were immigrants, though the precise number of noncitizens who received this award is not known. (8) Today, 36,177 members of the Armed Forces are noncitizens, making up about 5 percent of active duty members, and 12,132 members of the Selected Reserve are noncitizens. (9) About a third of today's noncitizen members of the Armed Forces come from Mexico and other Spanish-speaking countries and the rest are from the Philippines, China, Vietnam, Canada, Korea, India, and other countries. (10) These men and women in uniform, born in other countries, now spend each day in honorable service to their adopted land. (11) These men and women love the United States and show it in their daily devotion to duty. (12) The role of noncitizen members of the Armed Forces recently received widespread attention when a noncitizen from Guatemala became the second American member of the Armed Forces to die in Operation Iraqi Freedom. (13) Noncitizen members of the Armed Forces from Mexico, Colombia, the Republic of the Philippines, Scotland, Guyana, the Dominican Republic, Cuba, Haiti, Nicaragua, and Poland have also given their lives in the line of duty in Iraq. (14) The sacrifice that these and other noncitizens have made for their adopted country deserves special recognition and appreciation. (15) Among the special recognitions a grateful nation can confer is establishment of a memorial to those noncitizens killed in the line of duty while serving in the Armed Forces of the United States. SEC. 3. CONSTRUCTION OF MEMORIAL TO NONCITIZENS KILLED IN THE LINE OF DUTY WHILE SERVING IN THE ARMED FORCES OF THE UNITED STATES. (a) Construction Required.--The Secretary of the Army shall, in consultation with the Secretary of Veterans Affairs, construct at an appropriate place in Arlington National Cemetery, Virginia, a memorial marker honoring the service and sacrifice of noncitizens killed in the line of duty while serving in the Armed Forces of the United States. (b) Availability of Funds.--There is authorized to be appropriated to the Secretary of the Army $500,000 for the design and construction of the memorial marker required by subsection (a). SEC. 4. DONATIONS FOR MEMORIAL TO NONCITIZENS KILLED IN THE LINE OF DUTY WHILE SERVING IN THE ARMED FORCES OF THE UNITED STATES. (a) Authority to Accept Donations.--The Secretary of Veterans Affairs may accept gifts and donations of services, money, and property (including personal, tangible, or intangible property) for the purpose of constructing an appropriate memorial or monument to noncitizens killed in the line of duty while serving in the Armed Forces of the United States, whether such memorial or monument is constructed by the Secretary or is the memorial marker required by section 3. (b) Transfer.--(1) The Secretary of Veterans Affairs may transfer to the Secretary of the Army any services, money, or property accepted by the Secretary under subsection (a) for the purpose of the construction of the memorial marker required by section 3. (2) Any moneys transferred to the Secretary of the Army under paragraph (1) shall be merged with amounts appropriated pursuant to the authorization provided in section 3(b), and shall be available for the purpose referred to in that section. (c) Expiration of Authority.--The authority of the Secretary of Veterans Affairs to accept gifts and donations under subsection (a) shall expire five years after the date of the enactment of this Act.

Memorial to Noncitizen Patriots Act - Directs the Secretary of the Army to construct within Arlington National Cemetery, Virginia, a memorial marker honoring the service and sacrifice of noncitizens killed in the line of duty while serving in the U.S. armed forces. Authorizes the Secretary of Veterans Affairs to accept gifts and donations for such purpose.

To require the construction at Arlington National Cemetery of a memorial to noncitizens killed in the line of duty while serving in the Armed Forces of the United States of America.

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Stimulating Leadership in Cutting Expenditures Act of 2005''. (b) Findings.--Congress finds that-- (1) large areas of several States, including many large and small communities, have suffered numerous deaths and widespread destruction as a result of recent hurricanes and other natural disasters; (2) millions of Americans have been forced to flee their homes, and in some cases have been left homeless, by those disasters; (3) the adverse consequences for the regional and national economy are expected to be substantial and ongoing; (4) Congress has responded by providing large amounts of funding to enable the Government to assist States, local authorities, and individuals most affected by those disasters; (5) substantial additional appropriations for these purposes probably will be required in the future; (6) Federal expenditures for other purposes already exceed revenues, so unless offset by increased revenues or reductions in other expenditures, funding for these purposes will increase the national debt that must be repaid, with interest, in the future; (7) the President has indicated that he thinks funds provided for other purposes can be reduced in order to offset some or all of these costs; and (8) however, under current law, the Congress is not required to act on any such proposals by the President. (c) Purpose.--The purpose of this Act is to enable the President to require Congress to debate and vote on certain presidential proposals for reducing other spending in order to offset amounts appropriated in response to the effects of recent natural disasters. SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED SPENDING REDUCTIONS. (a) In General.--Part B of title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by redesignating sections 1013 through 1017 as sections 1014 through 1018, respectively, and inserting after section 1012 the following new section: ``expedited consideration of certain proposed rescissions ``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In addition to the method of rescinding budget authority specified in section 1012, the President may propose, at the time and in the manner provided in subsection (b), the rescission of any budget authority provided in Public Law 109-59 or in an appropriation Act. Funds made available for obligation under this procedure may not be proposed for rescission again under this section or section 1012. ``(b) Transmittal of Special Message.-- ``(1) Proposed rescissions of transportation projects.-- ``(A) On or before November 1, 2005, the President may transmit to Congress a special message proposing to rescind amounts of budget authority provided in the Transportation Equity Act: A Legacy for Users (P.L. 109-59). ``(B) A special message transmitted pursuant to this subsection shall be accompanied by a draft bill each section of which would affect only the specific project or purpose specified in such section. ``(2) Proposed rescissions in appropriation acts.-- ``(A) Not later than January 1, 2006, the President may transmit to Congress a special message proposing to rescind amounts of budget authority provided in an appropriation Act enacted prior to such date in order to offset amounts appropriated or expected to be appropriated in connection with natural disasters occurring during calendar year 2005 and include with that special message a draft bill each section of which, if enacted, would only rescind the amount of budget authority specified in such section. That bill shall clearly identify the amount of budget authority that is proposed to be rescinded for each program, project, or activity to which that budget authority relates. ``(B) If a special message transmitted pursuant to this subsection proposes to rescind budget authority included in an appropriation Act that includes accounts within the jurisdiction of more than one subcommittee of the Committee on Appropriations, the President shall send a draft bill that separates the proposed rescissions from accounts within the jurisdiction of each such subcommittee. ``(C) Each special message shall specify, with respect to the budget authority proposed to be rescinded, the matters referred to in paragraphs (1) through (5) of section 1012(a). ``(c) Procedures for Expedited Consideration.-- ``(1)(A) Before the close of the second legislative day of the House of Representatives after the date of receipt of a special message transmitted to Congress under subsection (b), the majority leader or minority leader of the House of Representatives shall introduce (by request) the draft bill accompanying that special message. If the bill is not introduced as provided in the preceding sentence, then, on the third legislative day of the House of Representatives after the date of receipt of that special message, any Member of that House may introduce the bill. ``(B) A bill affecting Public Law 109-59 shall be referred to the Committee on Transportation and Infrastructure and a bill to rescind budgetary authority included in an appropriation Act shall be referred to the Committee on Appropriations of the House of Representatives. The committee of referral shall report the bill without substantive revision, and with or without recommendation. The bill shall be reported not later than the seventh legislative day of that House after the date of receipt of that special message. If the Committee of referral fails to report the bill within that period, that committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar. ``(C) A separate vote on each section and, if any section is approved, on final passage of a bill referred to in subparagraph (B) shall be taken in the House of Representatives on or before the close of the 10th legislative day of that House after the date of the introduction of the bill in that House. If the bill is passed, the Clerk of the House of Representatives shall cause the bill to be engrossed, certified, and transmitted to the Senate within one calendar day of the day on which the bill is passed. ``(2)(A) A motion in the House of Representatives to proceed to the consideration of a bill under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the House of Representatives on each section of a bill under this section shall not exceed one hour and debate on such bill shall not exceed 4 hours, in each case with such time being divided equally between those favoring and those opposing the section or final passage of the bill. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill under this section or to move to reconsider the vote by which the bill is agreed to or disagreed to. ``(C) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill under this section shall be decided without debate. ``(3)(A) A bill transmitted to the Senate pursuant to paragraph (1)(C) shall be referred to the appropriate committee. The committee shall report the bill without substantive revision and with or without recommendation. The bill shall be reported not later than the seventh legislative day of the Senate after it receives the bill. A committee failing to report the bill within such period shall be automatically discharged from consideration of the bill, and the bill shall be placed upon the appropriate calendar. ``(B) A separate vote on each section and on final passage of a bill transmitted to the Senate shall be taken on or before the close of the 10th legislative day of the Senate after the date on which the bill is transmitted. ``(4)(A) A motion in the Senate to proceed to the consideration of a bill under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the Senate on a bill under this section, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill under this section is not debatable. A motion to recommit a bill under this section is not in order. ``(d) Amendments and Divisions Prohibited.--No amendment to a bill considered under this section shall be in order in either the House of Representatives or the Senate. It shall not be in order to demand a division of the question in the House of Representatives (or in a Committee of the Whole) or in the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House to suspend the application of this subsection by unanimous consent. ``(e) Requirement to Make Available for Obligation.--Any amount of budget authority proposed to be rescinded in a special message transmitted to Congress under subsection (b) shall be made available for obligation on the earlier of-- ``(1) the day after the date upon which the House of Representatives defeats the section of a bill transmitted with that special message rescinding the amount proposed to be rescinded; or ``(2) the day after the date upon which the Senate rejects the relevant section of a bill that makes rescissions to carry out the applicable special message of the President. ``(f) Definitions.--For purposes of this section-- ``(1) the term `appropriation Act' means any general or special appropriation Act, and any Act or joint resolution making supplemental, deficiency, or continuing appropriations; and ``(2) the term `legislative day' means, with respect to either House of Congress, any calendar day during which that House is in session.''. (b) Exercise of Rulemaking Powers.--Section 904 of such Act (2 U.S.C. 621 note) is amended-- (1) by striking ``and 1017'' in subsection (a) and inserting ``1013, and 1018''; and (2) by striking ``section 1017'' in subsection (d) and inserting ``sections 1013 and 1018''. (c) Conforming Amendments.-- (1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended-- (A) in paragraph (4), by striking ``1013'' and inserting ``1014''; and (B) in paragraph (5)-- (i) by striking ``1016'' and inserting ``1017''; and (ii) by striking ``1017(b)(1)'' and inserting ``1018(b)(1)''. (2) Section 1015 of such Act (2 U.S.C. 685) (as redesignated by section 2(a)) is amended-- (A) by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''; (B) in subsection (b)(1), by striking ``1012'' and inserting ``1012 or 1013''; (C) in subsection (b)(2), by striking ``1013'' and inserting ``1014''; and (D) in subsection (e)(2)-- (i) by striking ``and'' at the end of subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by striking ``1013'' in subparagraph (C) (as so redesignated) and inserting ``1014''; and (iv) by inserting after subparagraph (A) the following new subparagraph: ``(B) he has transmitted a special message under section 1013 with respect to a proposed rescission; and''. (3) Section 1016 of such Act (2 U.S.C. 686) (as redesignated by section 2(a)) is amended by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''. (d) Clerical Amendments.--The table of sections for subpart B of title X of such Act is amended-- (1) by redesignating the items relating to sections 1013 through 1017 as items relating to sections 1014 through 1018; and (2) by inserting after the item relating to section 1012 the following new item: ``Sec. 1013. Expedited consideration of certain proposed rescissions.''.

Stimulating Leadership in Cutting Expenditures Act of 2005 - Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to transmit to Congress, by specified dates, a special message proposing to rescind amounts of budget authority provided in: (1) the Transportation Equity Act: A Legacy for Users (P.L. 109-59); or (2) an appropriation Act enacted before January 1, 2006, in order to offset amounts appropriated or expected to be appropriated in connection with natural disasters occurring during calendar year 2005. Prescribes procedures for expedited consideration of such proposed rescissions.

To facilitate Presidential leadership and Congressional accountability regarding reduction of other spending to offset costs of responding to recent natural disasters.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Participation, Engagement, and Knowledge Freedom by Reducing Egregious Efforts Act of 2015'' or the ``SPEAK FREE Act of 2015''. SEC. 2. SPECIAL MOTION TO DISMISS STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION. (a) In General.--Part VI of title 28, United States Code, is amended by adding after chapter 181 the following new chapter: ``CHAPTER 182--SPECIAL MOTION TO DISMISS STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION ``Sec. ``4201. Strategic lawsuit against public participation defined. ``4202. Motion to dismiss strategic lawsuit against public participation. ``4203. Discovery. ``4204. Interlocutory appeal. ``4205. Motion to quash. ``4206. Removal. ``4207. Fees, costs, and sanctions. ``4208. Definitions. ``Sec. 4201. Strategic lawsuit against public participation defined ``In this chapter, the term `strategic lawsuit against public participation' or `SLAPP suit' means a claim that arises from an oral or written statement or other expression, or conduct in furtherance of such expression, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public concern. ``Sec. 4202. Special motion to dismiss strategic lawsuit against public participation ``(a) In General.--Except as provided in subsection (b), a person against whom a SLAPP suit is asserted may file a special motion to dismiss. If the party filing a special motion to dismiss a SLAPP suit makes a prima facie showing that the claim at issue arises from an oral or written statement or other expression by the defendant that was made in connection with an official proceeding or about a matter of public concern, then the motion shall be granted and the claim dismissed with prejudice, unless the responding party demonstrates that the claim is likely to succeed on the merits, in which case the motion shall be denied. ``(b) Exceptions.-- ``(1) Enforcement actions.--The court shall not grant a special motion to dismiss under this section if the claim is an enforcement action brought by an agency or entity of the Federal Government or a State or local government. ``(2) Commercial speech.--Except as provided in subsection (c), the court shall not grant a special motion to dismiss under this section if the claim is brought against a person primarily engaged in the business of selling or leasing goods or services where such claim arises from the statement or conduct of such person and such statement or conduct-- ``(A) consists of representations of fact about such person's or a business competitor's goods or services, that is made for the purpose of obtaining approval for, promoting, or securing sales or leases of, or commercial transactions in, the person's goods or services, or the statement or conduct was made in the course of delivering the person's goods or services; and ``(B) arises out of the sale or lease of goods, services, or an insurance product, insurance services, or a commercial transaction in which the intended audience is an actual or potential buyer or customer. ``(3) Public interest.--Except as provided in subsection (c), the court shall not grant a special motion to dismiss under this section if the claim is a public interest claim. ``(c) Limitations on Exceptions.--Paragraphs (2) and (3) of subsection (b) shall not apply as to-- ``(1) any claim against a person or entity engaged in the dissemination of ideas or expression in any book or academic journal, while engaged in the gathering, receiving, or processing of information for communication to the public; ``(2) any claim against any person or entity based upon statements or conduct concerning the creation, dissemination, exhibition, advertisement, or other similar promotion of journalistic, consumer commentary, dramatic, literary, musical, political, or artistic works, including motion pictures, television programs, or articles published online or in a newspaper or magazine of general circulation; or ``(3) any claim against a nonprofit organization that receives more than 50 percent of annual revenue grants or awards from, programs of, or reimbursements for services rendered to the Federal, State, or local government. ``(d) Time Limit.--Unless the court grants an extension, a motion to dismiss a SLAPP suit shall be filed-- ``(1) not later than 45 days after the date of service of the claim, if the claim is filed in a Federal court; or ``(2) not later than 30 days after the date of removal, if the claim is removed to Federal court under section 4206. ``(e) Hearing.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), the court shall set a hearing on a special motion to dismiss a SLAPP suit on a date not later than 30 days after the date of service of the special motion to dismiss a SLAPP suit. ``(2) Hearing postponed.--Except as provided in paragraph (3), the court may postpone the hearing for up to 60 days, but shall set the hearing on a date that is not later than 90 days after the date of service of the special motion to dismiss a SLAPP suit, if-- ``(A) the docket conditions of the court require a later hearing; ``(B) there is a showing of good cause; or ``(C) the parties agree to postpone the hearing. ``(3) Extension for discovery.--If the court allows specified discovery under subsection (a) of section 4203, the court may extend the hearing date to allow specified discovery under that subsection, but the court shall set the hearing on a date not later than 120 days after the date of service of the special motion to dismiss a SLAPP suit. ``(f) Ruling.--The court must rule on a special motion to dismiss a SLAPP suit not later than 30 days after the date on which the final paper is required to be filed or the date argument is heard, whichever is later. ``(g) Evidence.-- ``(1) In general.--In determining whether a legal action should be dismissed under this chapter, the court shall consider the pleadings and affidavits stating the facts on which the liability or defense is based. ``(2) Discovery.--If the court has ordered specified discovery pursuant to section 4203, the court may consider such discovery. ``Sec. 4203. Stay of discovery ``(a) In General.--Except as provided in subsection (b), upon the filing of a special motion to dismiss under section 4202, discovery proceedings in the action shall be stayed until a final and unappealable order is entered on such motion unless good cause is shown for specified discovery. ``(b) Exception.--A stay issued under subsection (a) based on the filing of a special motion to dismiss under section 4202, that only seeks dismissal of a third-party claim or a cross claim asserted by a defendant shall only apply to discovery that is requested by the party asserting the third-party claim or cross claim or discovery that relates solely to the third-party claim or cross claim. ``Sec. 4204. Interlocutory appeal ``An aggrieved party may take an immediate interlocutory appeal from an order granting or denying in whole or in part a special motion to dismiss under section 4202. ``Sec. 4205. Motion to quash ``A person whose personally identifying information is sought in connection with a claim subject to the procedure described in section 4202(a) may at any time file a motion to quash the order to produce the information. If the party filing a motion to quash makes a prima facie showing that the order is for personally identifying information, then the motion shall be granted and the order to produce the personally identifying information shall be quashed, unless the responding party demonstrates with an evidentiary showing that the claim is likely to succeed on the merits of each and every element of the claim, in which case the motion to quash shall be denied. No determinations made in deciding a motion to quash under this section shall impede or otherwise diminish the availability of the procedures described in section 4202(a). ``Sec. 4206. Removal ``(a) Special Motion To Dismiss SLAPP Suit.-- ``(1) In general.--Except as provided in paragraph (2), a civil action in a State court that raises a claim described in section 4202(a) may be removed to the district court of the United States for the judicial district and division embracing the place where the civil action is pending. The grounds for removal provided in this section need not appear on the face of the complaint but may be shown in the petition for removal. ``(2) Exception.--Removal may not be requested under paragraph (1) on the basis of a third-party claim or a cross claim asserted by a defendant. ``(3) Remand.--If a civil action is removed under paragraph (1) and an order denying in its entirety a motion to dismiss filed under section 4202 is not appealed within the time permitted by law or all potential appellate proceedings have been exhausted, the court shall remand the remaining claims to the State court from which the civil action was removed. The remaining claims shall not be remanded to State court if the order granted a motion to dismiss in part and such order is not appealed within the time permitted by law or all potential appellate proceedings have been exhausted. ``(b) Motion To Quash.--A proceeding in a State court in which a request or order that reasonably appears to be a request or order described in section 4205 is sought or issued may be removed to the district court of the United States for the judicial district and division embracing the place where the civil action is pending by any person that seeks to file a motion to quash under section 4205 and asserts a defense based on the First Amendment to the Constitution or laws of the United States. ``Sec. 4207. Fees, costs, and sanctions ``(a) Attorneys Fees.--Except as provided in subsection (c), a court shall award a person that files and prevails on a motion to dismiss under section 4202 or a motion to quash under section 4205, litigation costs, expert witness fees, and reasonable attorneys fees. A party shall be a prevailing party as to a special motion to dismiss or to quash if a claim or discovery request is voluntarily dismissed or withdrawn after the filing of a special motion to dismiss. ``(b) Frivolous Motions to Dismiss.--Except as provided in subsection (c), if a court finds that a motion to dismiss under section 4202, a motion to quash under section 4205, or a notice of removal under section 4206 is frivolous or is solely intended to cause unnecessary delay, the court shall award litigation costs, expert witness fees, and reasonable attorneys fees to the party that responded to the motion or notice. ``(c) Exception.--The Federal Government and the government of a State, or political subdivision thereof, may not recover litigation costs, expert witness fees, or attorneys fees under this section. ``Sec. 4208. Definitions ``In this chapter: ``(1) Matter of public concern.--The term `matter of public concern' means an issue related to-- ``(A) health or safety; ``(B) environmental, economic, or community well- being; ``(C) the government; ``(D) a public official or public figure; or ``(E) a good, product, or service in the marketplace. ``(2) Nonprofit organization.--The term `nonprofit organization' means any organization that is described in section 501(c) of the Internal Revenue Code of 1986 and is exempt from tax under section 501(a) of such Code. ``(3) Public interest claim.--The term `public interest claim' means a claim-- ``(A) that is brought solely on behalf of the general public; ``(B) where private enforcement is necessary; ``(C) that places a disproportionate financial burden on the plaintiff in relation to the plaintiff's stake in the matter; ``(D) that, if successful, enforces an important right affecting the public interest and confers a significant benefit on the general public; and ``(E) notwithstanding attorneys fees, costs, or penalties, would provide relief only for the general public or a class of which the plaintiff is a member. ``(4) State.--The term `State' means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian tribe.''. (b) Technical and Conforming Amendments.-- (1) Table of chapters.--The table of chapters for part VI of title 28, United States Code, is amended by inserting after the item relating to chapter 181 the following new item: ``182. Special Motion to dismiss strategic lawsuits against 4201''. public participation. (2) Interlocutory decisions.--Section 1292(a) of title 28, United States Code, is amended-- (A) in paragraph (1), by striking the semicolon at the end and inserting a period; (B) in paragraph (2), by striking the semicolon at the end and inserting a period; and (C) by adding at the end the following: ``(4) Interlocutory orders granting or denying in whole or in part special motions to dismiss under section 4202.''. (3) Exceptions to discharge.--Section 523(a) of title 11, United States Code, is amended-- (A) in paragraph (18), by striking ``; or'' at the end and inserting a semicolon; (B) in paragraph (19), by striking the period at the end and inserting ``; or''; and (C) by inserting after paragraph (19) the following: ``(20) for litigation costs, expert witness fees, or reasonable attorney's fees awarded by a court under chapter 182 of title 28 or under comparable State laws.''. (c) Relationship to Other Laws.--Nothing in this Act, or the amendments made by this Act, shall preempt or supersede any Federal or State statutory, constitutional, case, or common law that provides the equivalent or greater protection for persons engaging in activities protected by the First Amendment to the Constitution of the United States. (d) Rule of Construction.--This Act, and the amendments made by this Act, shall be construed broadly to effectuate the purpose and intent of this Act.

Securing Participation, Engagement, and Knowledge Freedom by Reducing Egregious Efforts Act of 2015 or the SPEAK FREE Act of 2015 Amends the federal judicial code to allow a person against whom a lawsuit is asserted to file a special motion to dismiss claims referred to as strategic lawsuits against public participation ("SLAPP suits") that arise from an oral or written statement or other expression, or conduct in furtherance of such expression, by the defendant in connection with an official proceeding or about a matter of public concern. Defines "matter of public concern" as an issue related to: (1) health or safety; (2) environmental, economic, or community well-being; (3) the government; (4) a public official or public figure; or (5) a good, product, or service in the marketplace. Requires courts to grant such a special motion to dismiss if the party filing the motion makes a prima facie showing that the claim asserted against them is a SLAPP suit, unless the responding party demonstrates that the claim is likely to succeed on the merits. Provides exceptions prohibiting courts from granting such a special motion to dismiss if the claim concerns: a government enforcement action, a business making representations of fact in commercial speech to consumers about its own or a business competitor's goods or services, or a public interest claim on behalf of the general public. Allows dismissal of private suits, notwithstanding such commercial speech and public interest exceptions, if the claim is against: a person or entity engaged in activities to disseminate or express ideas to the public in a book or academic journal; any person or entity based upon statements or conduct concerning the creation, dissemination, exhibition, advertisement, or other promotion of journalistic, consumer commentary, dramatic, literary, musical, political, or artistic works, including motion pictures, television programs, or articles published online or in a newspaper or magazine of general circulation; or a nonprofit organization that receives more than 50% of annual revenue grants or awards from, programs of, or reimbursements for services rendered to the government. Sets forth special procedural requirements for discovery and motions. Requires courts to award litigation costs, expert witness fees, and reasonable attorney's fees to private parties that filed and prevailed on certain motions under this Act or to parties that responded to motions found to be frivolous.

SPEAK FREE Act of 2015

SECTION. 1. SHORT TITLE. This Act may be cited as the ``National Veterinary Medical Service Act''. SEC. 2. ESTABLISHMENT OF LOAN REPAYMENT PROGRAM REGARDING VETERINARY MEDICINE. The National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3101 et seq.) is amended by inserting after section 1415 the following new section: ``SEC. 1415A. VETERINARY MEDICINE LOAN REPAYMENT. ``(a) Program.-- ``(1) Service in shortage situations.--The Secretary shall carry out a program of entering into agreements with veterinarians under which the veterinarians agree to provide, for a period of time as determined by the Secretary and specified in the agreement, veterinary services in veterinarian shortage situations. For each year of such service under an agreement under this paragraph, the Secretary shall pay an amount, as determined by the Secretary and specified in the agreement, of the principal and interest of qualifying educational loans of the veterinarians. ``(2) Service to federal government in emergency situations.-- ``(A) In general.--The Secretary may enter into agreements of 1 year duration with veterinarians who have agreements pursuant to paragraph (1) for such veterinarians to provide services to the Federal Government in emergency situations, as determined by the Secretary, under terms and conditions specified in the agreement. Pursuant to an agreement under this paragraph, the Secretary shall pay an amount, in addition to the amount paid pursuant to the agreement in paragraph (1), as determined by the Secretary and specified in the agreement, of the principal and interest of qualifying educational loans of the veterinarians. ``(B) Requirements.--Agreements entered into under this paragraph shall include the following: ``(i) A veterinarian shall not be required to serve more than 60 working days per year of the agreement. ``(ii) A veterinarian who provides service pursuant to the agreement shall receive a salary commensurate with the duties and shall be reimbursed for travel and per diem expenses as appropriate for the duration of the service. ``(b) Determination of Veterinarian Shortage Situations.--In determining `veterinarian shortage situations' the Secretary may consider the following: ``(1) Urban or rural areas that the Secretary determines have a shortage of veterinarians. ``(2) Areas of veterinary practice that the Secretary determines have a shortage of veterinarians, such as public health, epidemiology, and food safety. ``(3) Areas of veterinary need in the Federal Government. ``(4) Other factors that the Secretary considers to be relevant. ``(c) Administration.-- ``(1) Authority.--The Secretary may carry out this program directly or enter into agreements with another Federal agency or other service provider to assist in the administration of this program. ``(2) Breach remedies.-- ``(A) In general.--Agreements with program participants shall provide remedies for any breach of an agreement by a participant, including repayment or partial repayment of financial assistance received, with interest. ``(B) Amounts recovered.--Funds recovered under this subsection shall be credited to the account available to carry out this section and shall remain available until expended. ``(3) Waiver.--The Secretary may grant a waiver of the repayment obligation for breach of contract in the event of extreme hardship or extreme need, as determined by the Secretary. ``(4) Amount.--The Secretary shall develop regulations to determine the amount of loan repayment for a year of service by a veterinarian. In making the determination, the Secretary shall consider the extent to which such determination-- ``(A) affects the ability of the Secretary to maximize the number of agreements that can be provided under the Veterinary Medicine Loan Repayment Program from the amounts appropriated for such agreements; and ``(B) provides an incentive to serve in veterinary service shortage areas with the greatest need. ``(5) Qualifying educational loans.--Loan repayments provided under this section may consist of payments on behalf of participating individuals of the principal and interest on government and commercial loans received by the individual for attendance of the individual at an accredited college of veterinary medicine resulting in a degree of Doctor of Veterinary Medicine or the equivalent, which loans were made for-- ``(A) tuition expenses; ``(B) all other reasonable educational expenses, including fees, books, and laboratory expenses, incurred by the individual; or ``(C) reasonable living expenses as determined by the Secretary. ``(6) Repayment schedule.--The Secretary may enter into an agreement with the holder of any loan for which payments are made under this section to establish a schedule for the making of such payments. ``(7) Tax liability.--In addition to educational loan repayments, the Secretary shall make such additional payments to participants as the Secretary determines to be appropriate for the purpose of providing reimbursements to participants for individual tax liability resulting from participation in this program. ``(d) Authorization of Appropriations.--There are authorized to be appropriated for carrying out this section such sums as may be necessary and such sums shall remain available to the Secretary for the purposes of this section until expended.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

National Veterinary Medical Service Act - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the Secretary of Agriculture to provide veterinary school educational loan repayment assistance (for tuition and educational and living expenses) to veterinarians who agree to practice in veterinary shortage situations. Authorizes the Secretary to enter into agreements (60-day maximum working days during a one-year period) with such veterinarians to provide services to the Federal Government in emergency situations. Provides additional loan repayment and a salary for such service. Authorizes the Secretary, in determining veterinarian shortage situations, to consider the needs of urban or rural areas, the Federal Government, and areas of practice such as public health, epidemiology, and food safety. Provides for breach remedies and related waiver authority. Directs the Secretary to make related tax liability payments to participants. Authorizes appropriations.

To authorize the Secretary of Agriculture to conduct a loan repayment program regarding the provision of veterinary services in shortage situations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Near East and South Central Asia Religious Freedom Act of 2011''. SEC. 2. SPECIAL ENVOY TO PROMOTE RELIGIOUS FREEDOM OF RELIGIOUS MINORITIES IN THE NEAR EAST AND SOUTH CENTRAL ASIA. (a) Appointment.--The President may appoint a Special Envoy To Promote Religious Freedom of Religious Minorities in the Near East and South Central Asia (in this Act referred to as the ``Special Envoy'') within the Department of State. The Special Envoy shall have the rank of ambassador and shall hold the office at the pleasure of the President. (b) Qualifications.--The Special Envoy should be a person of recognized distinction in the field of human rights and religious freedom. SEC. 3. DUTIES. (a) In General.--The Special Envoy shall carry out the following duties: (1) Promoting the right of religious freedom of religious minorities in the countries of the Near East and the countries of South Central Asia, denouncing the violation of such right, and recommending appropriate responses by the United States Government when such right is violated. (2) Monitoring and combating acts of religious intolerance and incitement targeted against religious minorities in the countries of the Near East and the countries of South Central Asia. (3) Working to ensure that the unique needs of religious minority communities in the countries of the Near East and the countries of South Central Asia are addressed, including the economic and security needs of such communities. (4) Working with foreign governments of the countries of the Near East and the countries of South Central Asia to address laws that are discriminatory toward religious minority communities in such countries. (5) Coordinating and assisting in the preparation of that portion of the report required by sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) relating to the nature and extent of religious freedom of religious minorities in the countries of the Near East and the countries of South Central Asia. (6) Coordinating and assisting in the preparation of that portion of the report required by section 102(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)) relating to the nature and extent of religious freedom of religious minorities in the countries of the Near East and the countries of South Central Asia. (b) Coordination.--In carrying out the duties under subsection (a), the Special Envoy shall, to the maximum extent practicable, coordinate with the Assistant Secretary of State for Population, Refugees and Migration, the Ambassador at Large for International Religious Freedom, the United States Commission on International Religious Freedom, and other relevant Federal agencies and officials. SEC. 4. DIPLOMATIC REPRESENTATION. Subject to the direction of the President and the Secretary of State, the Special Envoy is authorized to represent the United States in matters and cases relevant to religious freedom in the countries of the Near East and the countries of South Central Asia in-- (1) contacts with foreign governments, intergovernmental organizations, and specialized agencies of the United Nations, the Organization of Security and Cooperation in Europe, and other international organizations of which the United States is a member; and (2) multilateral conferences and meetings relevant to religious freedom in the countries of the Near East and the countries of South Central Asia. SEC. 5. CONSULTATIONS. The Special Envoy shall consult with domestic and international nongovernmental organizations and multilateral organizations and institutions, as the Special Envoy considers appropriate to fulfill the purposes of this Act. SEC. 6. FUNDING. Of the amounts appropriated or otherwise made available to the Secretary of State for ``Diplomatic and Consular Programs'' for fiscal years 2011 through 2015, the Secretary of State is authorized to provide to the Special Envoy $1,000,000 for each such fiscal year for the hiring of staff, the conduct of investigations, and necessary travel to carry out the provisions of this Act. SEC. 7. DEFINITIONS. In this Act-- (1) the term ``countries of the Near East''-- (A) means Algeria, Bahrain, Egypt, Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Qatar, Saudi Arabia, Syria, Tunisia, United Arab Emirates, and Yemen; and (B) includes the West Bank and Gaza; and (2) the term ``countries of South Central Asia'' means Afghanistan, Bangladesh, Bhutan, India, Kyrgyzstan, Kazakhstan, Maldives, Nepal, Pakistan, Sri Lanka, Tajikistan, Turkmenistan, and Uzbekistan.

Near East and South Central Asia Religious Freedom Act of 2011 - Authorizes the President to appoint a Special Envoy to Promote Religious Freedom of Religious Minorities in the Near East and South Central Asia within the Department of State. Authorizes the Special Envoy, subject to direction by the President and the Secretary of State, to represent the United States in matters and cases relevant to religious freedom in: (1) contacts with foreign governments, intergovernmental organizations, and specialized agencies of the United Nations (U.N.), the Organization of Security and Cooperation in Europe, and other international organizations; and (2) multilateral conferences and meetings relevant to religious freedom. Defines "countries of the Near East" as Algeria, Bahrain, Egypt, Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Qatar, Saudi Arabia, Syria, Tunisia, United Arab Emirates, Yemen, and including the West Bank and Gaza. Defines "countries of South Central Asia" as Afghanistan, Bangladesh, Bhutan, India, Kyrgyzstan, Kazakhstan, Maldives, Nepal, Pakistan, Sri Lanka, Tajikistan, Turkmenistan, and Uzbekistan.

A bill to provide for the establishment of the Special Envoy to Promote Religious Freedom of Religious Minorities in the Near East and South Central Asia.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Refinancing Assistance Act of 1993''. SEC. 2. INSURANCE FOR MORTGAGES TO REFINANCE UNDERWATER MORTGAGES. Title II of the National Housing Act (12 U.S.C. 1707 et seq.) is amended by adding at the end the following new section: ``insurance of `underwater' single family mortgages ``Sec. 266. (a) Insurance Authority.--The Secretary may, upon application by a mortgagee, insure any refinancing mortgage eligible for insurance under this section to the extent authorized by this section, upon such terms and conditions as the Secretary may prescribe, and may make commitments for the insurance of such refinancing mortgages before the date of the execution of such mortgages. ``(b) Extent of Insurance.--The Secretary may provide insurance under this section, and make commitments to provide such insurance, only with respect to the portion of the original principal obligation (including such initial service charges, appraisal, inspection, and other fees approved by the Secretary) of an eligible refinancing mortgage that exceeds 95 percent of the appraised value of the property subject to the mortgage, as of the date the refinancing mortgage is accepted for insurance under this section, as determined by the Secretary. ``(c) Eligibility Requirements.--The Secretary may insure a refinancing mortgage under this section only if the mortgage complies with the following requirements: ``(1) Mortgagee.--The refinancing mortgage has been made to, and held by, a mortgagee approved by the Secretary as responsible and able to service the mortgage properly. ``(2) Mortgagor.--The mortgagor under the refinancing mortgage-- ``(A) is the mortgagor under the underlying mortgage being refinanced; ``(B)(i) has made regular payments on a timely basis on the underlying mortgage (and, if applicable, any other previous mortgage on the property), as required by the applicable mortgage agreement, for a period of not less than 36 months, or (ii) has been determined under subsection (d) to be an acceptable credit risk; and ``(C) has a gross income that meets such standards as the Secretary shall establish under this section to ensure that the mortgagor will be able (i) to make the periodic payments required by the mortgage insured under this section, and (ii) to meet other long-term obligations of the mortgagor. ``(3) Underlying mortgage.--The proceeds of the refinancing mortgage are used for satisfaction of the outstanding balance owed under an underlying mortgage that-- ``(A) is a first mortgage on a dwelling that is-- ``(i) designed principally for a 1- to 4- family residence; ``(ii) occupied by the mortgagor under the refinancing mortgage who is also the mortgagor under the underlying mortgage; and ``(iii) located in a real estate market area that the Secretary has determined is no longer subject to substantially decreasing property values that will result in an unreasonable risk of losses to the Federal Government under mortgage insurance provided under this section; ``(B) is not delinquent; ``(C) involves an outstanding principal obligation (including such initial service charges, appraisal, inspection, and other fees approved by the Secretary) that exceeds 95 percent of the appraised value of the property subject to the mortgage, as of the date the refinancing mortgage is accepted for insurance under this section, as determined by the Secretary; ``(D) in the case of an underlying mortgage on a condominium unit in a project that was converted from rental housing-- ``(i) was executed more than 1 year after the conversion of the project; ``(ii) has as a mortgagor or comortgagor a tenant of the rental housing; or ``(iii) covers a unit in a project for which the conversion is sponsored by a bona fide tenants organization representing a majority of the households in the project; and ``(E) meets any other requirements as the Secretary may provide. ``(4) Limitation on amount.--The refinancing mortgage involves a principal obligation in an amount that does not to exceed-- ``(A) 125 percent of the appraised value of the property subject to the mortgage; and ``(B) the outstanding balance owed under the underlying mortgage, plus such initial service charges, appraisal, inspection, and other fees as the Secretary shall approve. ``(5) Monthly payment amount.--The amount of each monthly payment due under the refinancing mortgage is less than that due under the underlying mortgage for the month in which the refinancing mortgage is executed. ``(6) Interest.--The refinancing mortgage bears interest at such rate as may be agreed upon by the mortgagor and the mortgagee. ``(7) Maturity.--The refinancing mortgage has a maturity satisfactory to the Secretary that does not, in any event, exceed 35 years from the date of the beginning of the amortization of the mortgage, and the Secretary may provide under this paragraph for limitations on the maturity of refinancing mortgages based on the unexpired terms of the underlying mortgages being refinanced. ``(8) Other terms.--The refinancing mortgage has such terms regarding maturity, amortization, periodic payments and application of such payments to principal, insurance, repairs, alterations, payment of taxes, default reserves, delinquency charges, foreclosure proceedings, anticipation of maturity, additional and subordinate liens, and other matters as the Secretary may provide. ``(d) Hardship Provisions.--A mortgagor failing to meet the requirements of subsection (c)(2)(B)(i) shall be considered to be an acceptable credit risk for purposes of subsection (c)(2)(B)(ii) if the Secretary determines that-- ``(1) the failure was caused by circumstances beyond the control of the mortgagor that rendered the mortgagor temporarily unable to make such regular payments on the underlying mortgage; ``(2) before such circumstances, the mortgagor had made regular payments on a timely basis on the underlying mortgage (and, if applicable, any other previous mortgage on the property), as required by the applicable mortgage agreement for such period as the Secretary considers appropriate for purposes of this subsection; ``(3) the circumstances causing such failure have been alleviated, or the income of the mortgagor has increased, to the extent necessary to allow the mortgagor to make regular payments under the refinancing mortgage; and ``(4) the mortgagor meets such other requirements as the Secretary may reasonably require to ensure that the mortgagor will meet the obligations under the refinancing mortgage. ``(e) General Insurance Fund.--The insurance of refinancing mortgages under this section shall be the obligation of the General Insurance Fund established under section 519. ``(f) Premiums.-- ``(1) Establishment.--The Secretary may fix a premium charge for the insurance under this section of refinancing mortgages, which shall be an amount equivalent to a percentage per annum, determined by the Secretary, of the amount of the portion of outstanding principal obligation of the refinancing mortgage that is insured under this section, without taking into account delinquent payments or prepayments. Any such premiums received shall be credited to the General Insurance Fund. ``(2) Manner and timing.--The premium charges shall be payable by the mortgagee either in cash or in debentures (at par plus accrued interest) issued by the Secretary as obligations of the General Insurance Fund, in the manner prescribed by the Secretary, except that the Secretary may not require the payment of any such premium charges at the time the refinancing mortgage is insured. In fixing the premium charges, the Secretary shall take into consideration the risk involved in insuring the portion of a mortgage that exceeds the appraised value of the property subject to the mortgage. ``(3) Acceptance.--If the Secretary finds upon presentation of a refinancing mortgage for insurance that the mortgage complies with the provisions of this section, the mortgage may be accepted for insurance by endorsement or otherwise as the Secretary may prescribe. ``(4) Refund of unearned premiums.--In the event the portion of the principal obligation of any refinancing mortgage insured under this section is paid in full prior to the maturity date, the Secretary may refund to the mortgagee for the account of the mortgagor all of the current unearned premium charges theretofore paid or such portion of the unearned premiums as the Secretary determines to be equitable. ``(g) Right to Insurance Benefits.--The mortgagee shall be entitled to receive the benefits of the insurance, in accordance with regulations prescribed by the Secretary upon-- ``(1) the sale of the insured property-- ``(A) at foreclosure, if such sale is for at least the fair market value of the property (with appropriate adjustments), as determined by the Secretary; or ``(B) by the mortgagor after default, if-- ``(i) the sale has been approved by the Secretary; ``(ii) the mortgagee receives an amount at least equal to the fair market value of the property (with appropriate adjustments), as determined by the Secretary; and ``(iii) the mortgagor has received appropriate homeownership counseling, as determined by the Secretary; and ``(2) assignment to the Secretary of all claims of the mortgagee against the mortgagor or others to any proceeds of such sale in excess of the amount equal to the portion of the unpaid principal balance of the loan not insured under this section that arise out of the mortgage transaction or foreclosure proceedings, except any claims that have been released with the consent of the Secretary. ``(h) Payment of Insurance.-- ``(1) In general.--Upon the sale of insured property and assignment of claims referred to in subsection (g), the obligation of the mortgagee to pay the premium charges for insurance shall cease and the Secretary shall-- ``(A) pay to the mortgagee cash in an amount equal to the value of the portion of the mortgage insured under this section, as determined by the Secretary; or ``(B) issue to the mortgagee debentures having a par value equal to the cash amount under subparagraph (A). ``(2) Cash payments.--If the insurance payment is made in cash, there shall be included in the payment an amount equivalent to the interest that the debentures would have earned if such payment were made in debentures, computed to a date established pursuant to regulations issued by the Secretary. ``(i) Debentures.-- ``(1) Execution.--Debentures issued under this section shall be executed in the name of the General Insurance Fund as obligor, shall be negotiable, and, if in book entry form, transferable, in the manner provided by the Secretary in regulations, and shall be dated as of the date the insured property is sold under subsection (g) and shall bear interest from such date. ``(2) Terms.--Debentures issued under this section shall-- ``(A) bear interest at a rate, established by the Secretary pursuant to section 224, payable semiannually on the 1st day of January and the 1st day of July of each year; ``(B) have such maturity as the Secretary shall provide; ``(C) be exempt from taxation as provided in section 207(i) with respect to debentures issued under such section; ``(D) be in such form and amounts, subject to such terms and conditions, and include such provisions for redemption, if any, as may be prescribed by the Secretary of Housing and Urban Development, with the approval of the Secretary of the Treasury, and may be in book entry or certificated registered form, or such other form as the Secretary of Housing and Urban Development may prescribe in regulations; ``(E) be paid out of the General Insurance Fund, which shall be primarily liable therefor; and ``(F) be fully and unconditionally guaranteed as to principal and interest by the United States, and, in the case of debentures issued in certificated registered form, the guaranty shall be expressed on the face of the debentures. ``(3) Obligation of treasury.--In the event the General Insurance Fund fails to pay upon demand, when due, the principal of or interest on any debentures so guaranteed, the Secretary of the Treasury shall pay the holders the amount of the debentures, which is hereby authorized to be appropriated, and upon such payment the Secretary of the Treasury shall succeed to all the rights of the holders of such debentures, to the extent of the amount paid. ``(j) Other Powers of Secretary.--The provisions of subsections (c), (d), and (h) of section 2 shall apply to refinancing mortgages insured under this subsection and, for the purposes of this subsection, references in subsections (c), (d), and (h) of section 2 to `this section' or `this title' shall be construed to refer to this section. ``(k) Protection of Secretary's Interest.--Notwithstanding any other provisions of this Act, the Secretary may-- ``(1) make expenditures and advances out of funds made available by this Act to preserve and protect the interest of the Secretary in any security for, or the lien or priority of the lien under, any mortgage or other indebtedness insured by or owing to the Secretary under this section; and ``(2) bid for and purchase at any foreclosure or other sale or otherwise acquire property pledged, mortgaged, conveyed, attached, or levied upon to secure the payment of any indebtedness owing to the Secretary under this section. The authority conferred by this subsection may be exercised as provided in the last sentence of section 204(g). ``(l) Refinancing.--A refinancing mortgage insured under this section may be refinanced and extended in accordance with such terms and conditions as the Secretary may prescribe, but in no event for an additional amount or term which exceeds the maximum provided for pursuant to this subsection. ``(m) Definitions.--For purposes of this section: ``(1) The terms `mortgage', `mortgagee', `mortgagor', and `first mortgage' have the meanings given such terms in section 201, except that the term `mortgage' includes-- ``(A) a first mortgage given to secure the unpaid purchase price of a fee interest in, or long-term leasehold interest in, a one-family unit in a multifamily project, including a project in which the dwelling units are attached, semi-detached, or detached, and an undivided interest in the common areas and facilities which serve the project; and ``(B) a first lien given to secure a loan made to finance the purchase of stock or membership in a cooperative ownership housing corporation the permanent occupancy of the dwelling units of which is restricted to members of such corporation, where the purchase of such stock or membership will entitle the purchaser to the permanent occupancy of one of such units. ``(2) The term `underlying mortgage' means, with respect to a refinancing mortgage, the first mortgage on the same dwelling that is subject to the refinancing mortgage. ``(3) The term `refinancing mortgage' means a subordinate lien on a dwelling securing a loan, the proceeds of which are used for the satisfaction of advances on, or the unpaid purchase price, of the dwelling, which are secured by a first mortgage on the same dwelling.''. HR 3296 IH----2

Home Refinancing Assistance Act of 1993 - Amends the National Housing Act to authorize the Secretary of Housing and Urban Development to insure qualifying single family home refinancings.

Home Refinancing Assistance Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Star-Spangled Banner Bicentennial Commemorative Coin Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) During the War of 1812, on September 7, 1814, Francis Scott Key visited the British fleet in the Chesapeake Bay to secure the release of Dr. William Beanes, who had been captured after the burning of Washington, DC. (2) The release was completed, but Key was held by the British during the shelling of Fort McHenry, one of the forts defending Baltimore. (3) On the morning of September 14, 1814, Key peered through clearing smoke to see an enormous American flag flying proudly after a 25-hour British bombardment of Fort McHenry. (4) He was so delighted to see the flag still flying over the fort that he began a song to commemorate the occasion, with a note that it should be sung to the popular British melody ``To Anacreon in Heaven''. (5) In 1916, President Woodrow Wilson ordered that it be played at military and naval occasions. (6) In 1931, the ``Star-Spangled Banner'' became our National Anthem. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 350,000 $1 coins in commemoration of the bicentennial of the writing of the Star-Spangled Banner, 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. (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 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) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the battle for Baltimore that formed the basis for the ``Star-Spangled Banner''. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2012''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Maryland War of 1812 Bicentennial Commission and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only one 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 calendar year beginning on January 1, 2012. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7 with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be paid to the Maryland War of 1812 Bicentennial Commission for the purpose of supporting bicentennial activities, educational outreach activities (including supporting scholarly research and the development of exhibits), and preservation and improvement activities pertaining to the sites and structures relating to the War of 1812. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Maryland War of 1812 Bicentennial Commission as may be related to the expenditures of amounts paid under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.

Star-Spangled Banner Bicentennial Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue $1 coins in commemoration of the bicentennial of the writing of the Star-Spangled Banner. Requires a coin design emblematic of the battle for Baltimore that formed the basis for the Star-Spangled Banner. Authorizes the Secretary to issue the coins only during the calendar year beginning on January 1, 2012. Requires specified surcharges in sales of the coin, which shall be paid to the Maryland War of 1812 Bicentennial Commission for the purpose of supporting bicentennial activities, educational outreach activities, and preservation and improvement activities pertaining to the sites and structures relating to the War of 1812.

A bill to require the Secretary of the Treasury to mint coins in commemoration of the bicentennial of the writing of the "Star-Spangled Banner", and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Health Care Accessibility Act of 2015''. SEC. 2. LIABILITY PROTECTIONS FOR HEALTH PROFESSIONAL VOLUNTEERS AT COMMUNITY HEALTH CENTERS. Section 224 of the Public Health Service Act (42 U.S.C. 233) is amended by adding at the end the following: ``(q)(1) For purposes of this section, a health professional volunteer at an entity described in subsection (g)(4) shall, in providing a health professional service eligible for funding under section 330 to an individual, be deemed to be an employee of the Public Health Service for a calendar year that begins during a fiscal year for which a transfer was made under paragraph (4)(C). The preceding sentence is subject to the provisions of this subsection. ``(2) In providing a health service to an individual, a health care practitioner shall for purposes of this subsection be considered to be a health professional volunteer at an entity described in subsection (g)(4) if the following conditions are met: ``(A) The service is provided to the individual at the facilities of an entity described in subsection (g)(4), or through offsite programs or events carried out by the entity. ``(B) The entity is sponsoring the health care practitioner pursuant to paragraph (3)(B). ``(C) The health care practitioner does not receive any compensation for the service from the individual or from any third-party payer (including reimbursement under any insurance policy or health plan, or under any Federal or State health benefits program), except that the health care practitioner may receive repayment from the entity described in subsection (g)(4) for reasonable expenses incurred by the health care practitioner in the provision of the service to the individual. ``(D) Before the service is provided, the health care practitioner or the entity described in subsection (g)(4) posts a clear and conspicuous notice at the site where the service is provided of the extent to which the legal liability of the health care practitioner is limited pursuant to this subsection. ``(E) At the time the service is provided, the health care practitioner is licensed or certified in accordance with applicable law regarding the provision of the service. ``(3) Subsection (g) (other than paragraphs (3) and (5)) and subsections (h), (i), and (l) apply to a health care practitioner for purposes of this subsection to the same extent and in the same manner as such subsections apply to an officer, governing board member, employee, or contractor of an entity described in subsection (g)(4), subject to paragraph (4) and subject to the following: ``(A) The first sentence of paragraph (1) applies in lieu of the first sentence of subsection (g)(1)(A). ``(B) With respect to an entity described in subsection (g)(4), a health care practitioner is not a health professional volunteer at such entity unless the entity sponsors the health care practitioner. For purposes of this subsection, the entity shall be considered to be sponsoring the health care practitioner if-- ``(i) with respect to the health care practitioner, the entity submits to the Secretary an application meeting the requirements of subsection (g)(1)(D); and ``(ii) the Secretary, pursuant to subsection (g)(1)(E), determines that the health care practitioner is deemed to be an employee of the Public Health Service. ``(C) In the case of a health care practitioner who is determined by the Secretary pursuant to subsection (g)(1)(E) to be a health professional volunteer at such entity, this subsection applies to the health care practitioner (with respect to services performed on behalf of the entity sponsoring the health care practitioner pursuant to subparagraph (B)) for any cause of action arising from an act or omission of the health care practitioner occurring on or after the date on which the Secretary makes such determination. ``(D) Subsection (g)(1)(F) applies to a health care practitioner for purposes of this subsection only to the extent that, in providing health services to an individual, each of the conditions specified in paragraph (2) is met. ``(4)(A) Amounts in the fund established under subsection (k)(2) shall be available for transfer under subparagraph (C) for purposes of carrying out this subsection. ``(B) Not later May 1 of each fiscal year, the Attorney General, in consultation with the Secretary, shall submit to the Congress a report providing an estimate of the amount of claims (together with related fees and expenses of witnesses) that, by reason of the acts or omissions of health professional volunteers, will be paid pursuant to this section during the calendar year that begins in the following fiscal year. Subsection (k)(1)(B) applies to the estimate under the preceding sentence regarding health professional volunteers to the same extent and in the same manner as such subsection applies to the estimate under such subsection regarding officers, governing board members, employees, and contractors of entities described in subsection (g)(4). ``(C) Not later than December 31 of each fiscal year, the Secretary shall transfer from the fund under subsection (k)(2) to the appropriate accounts in the Treasury an amount equal to the estimate made under subparagraph (B) for the calendar year beginning in such fiscal year, subject to the extent of amounts in the fund. ``(5)(A) This subsection takes effect on October 1, 2017, except as provided in subparagraph (B). ``(B) Effective on the date of the enactment of this subsection-- ``(i) the Secretary may issue regulations for carrying out this subsection, and the Secretary may accept and consider applications submitted pursuant to paragraph (3)(B); and ``(ii) reports under paragraph (4)(B) may be submitted to the Congress.''.

Family Health Care Accessibility Act of 2015 This bill amends the Public Health Service Act to deem a health professional volunteer providing primary health care to an individual at a community health center or through programs or events carried out by a center to be an employee of the Public Health Service for purposes of any civil action that may arise from providing services to patients. For a volunteer to be covered by this liability protection, the Department of Health and Human Services must approve the center's application to sponsor the volunteer.

Family Health Care Accessibility Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Removing Repeated Executive Delays to Transboundary Approvals of Pipelines and Engineering Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the American Society of Civil Engineers recently assessed the infrastructure system of the United States and gave the system an overall grade of D+; (2) recent critical infrastructure decisions have become unacceptably politicized; (3) permit applications for the Keystone XL Pipeline have been under review for over 5\1/2\ years; and (4) Congress can alleviate political interference in critical infrastructure decisions by-- (A) directly delegating to the Secretary of State the authority to expedite review of permits necessary to accelerate the completion of energy production and transmission projects; and (B) providing a systematic method for evaluating and permitting the constructing and maintenance of certain other border crossings for land transportation (including motor and rail vehicles) and other facilities. SEC. 3. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of State. SEC. 4. CONSTITUTIONAL AUTHORITY. In accordance with clause 3 of section 8 of article I of the Constitution (delegating to Congress the power to regulate commerce with foreign nations), Congress has the power to regulate the approval of infrastructure connecting the United States with a foreign country. SEC. 5. DELEGATION OF AUTHORITY TO THE DEPARTMENT OF STATE. (a) In General.--The Secretary is designated and empowered to receive all applications for permits for the construction, connection, operation, or maintenance, at the borders of the United States (other than applications received by the Secretary of Energy under laws in existence on the date of enactment of this Act), of-- (1) facilities for the exportation or importation of petroleum, petroleum products, coal, or other fuels to or from a foreign country; (2) pipelines, conveyor belts, and similar facilities for the exportation or importation of products (other than the products described in paragraph (1)) to or from a foreign country; (3) facilities for the exportation or importation of water or sewage to or from a foreign country; (4) facilities for the transportation of persons, things, or both persons and things to or from a foreign country; (5) bridges, to the extent that congressional authorization is not otherwise required under law; (6) facilities similar to the facilities otherwise described in this subsection that are located above or below ground; and (7) border crossings for land transportation, including motor and rail vehicles, to or from a foreign country, whether or not in conjunction with the facilities described in paragraph (4). (b) Requests for Information.-- (1) In general.--On receipt of a completed application under subsection (a), the Secretary shall-- (A)(i) request any additional information needed from the applicant, as appropriate; and (ii) refer the application to other agencies pursuant to paragraph (2); (B) refer the application and pertinent information to, and request the views of-- (i) the Secretary of Defense, the Attorney General, the Secretary of the Interior, the Secretary of Commerce, the Secretary of Transportation, the Secretary of Energy, the Secretary of Homeland Security, the Administrator of the Environmental Protection Agency (or the heads of successor agencies); and (ii) for applications concerning the border with Mexico, the United States Commissioner of the International Boundary and Water Commission; and (C) refer the application and pertinent information to, and request the views of, such other Federal department and agency heads as the Secretary determines appropriate. (2) Additional consultations.--The Secretary-- (A) may consult with State, tribal, and local government officials and foreign governments, as the Secretary determines appropriate, with respect to an application under subsection (a); and (B) shall request responses in a timely manner, not to exceed 90 days from the date of the request. (3) Further consideration.--On receiving the views and assistance requested under paragraphs (1) and (2), the Secretary shall consider, in light of any statutory or other requirements or other considerations, whether additional information is necessary to evaluate the application and, as appropriate, request the additional information from the applicant. (4) Public comment.--The Secretary may provide for-- (A) the publication in the Federal Register of notice of receipt of applications; (B) the receipt of public comments on applications; and (C) notices related to the issuance or denial of applications. (c) Compliance.-- (1) In general.--Subject to paragraph (2), a Federal agency consulted by the Secretary under subsection (b)(1) shall comply with the request of the Secretary (consistent with the authority of the Federal agency) as soon as practicable but not later than 90 days after the date on which the request is submitted. (2) Timing.--If a Federal agency consulted by the Secretary under subsection (b)(1) requests from the Secretary additional information that is necessary to carry out the request, the compliance deadline under paragraph (1) shall not begin until the date on which the additional information is received. (d) National Interest Determination.-- (1) In general.--After consideration of the views, assistance, and public comment received under subsection (b), if the Secretary finds that issuance of a permit to the applicant would serve the national interest, the Secretary shall-- (A) prepare a permit, in such form and with such terms and conditions as the national interest requires, as determined by the Secretary; and (B) notify the officials required to be consulted under subsection (b)(1)(B) of the proposed determination that a permit be issued. (2) Proposed denial.--After consideration of the views, assistance, and public comment received under subsection (b), if the Secretary finds that issuance of a permit to the applicant would not serve the national interest, the Secretary shall notify the officials required to be consulted under subsection (b)(1)(B) of the proposed determination that the application be denied. (e) Issuance or Denial.--The Secretary shall issue or deny the permit in accordance with the proposed determination under subsection (d). (f) Regulations.--The Secretary may promulgate such rules and regulations and prescribe such procedures (including rules, regulations, and procedures relating to the International Boundary and Water Commission) as the Secretary determines necessary to carry out this section. (g) Pending Applications.--Except as provided in section 6, this section shall apply only to applications for permits filed on or after the date of enactment of this Act. (h) Effect.--Except as explicitly provided in this Act, nothing in this section limits the application of, or obligation to comply with, the requirements of any other Federal department or agency. (i) Final Rule.--The decision made by the Secretary under subsection (e) shall be deemed to be a rule for purposes of chapter 8 of title 5, United States Code (commonly known as the ``Congressional Review Act''). SEC. 6. KEYSTONE XL PIPELINE APPROVAL. (a) In General.--TransCanada Keystone Pipeline, L.P. may construct, connect, operate, and maintain the pipeline and cross-border facilities described in the application filed on May 4, 2012, by TransCanada Corporation to the Department of State (including any subsequent revision to the pipeline route within the State of Nebraska required or authorized by the State of Nebraska). (b) Environmental Impact Statement.--The Final Supplemental Environmental Impact Statement issued by the Secretary of State in January 2014, regarding the pipeline referred to in subsection (a), and the environmental analysis, consultation, and review described in that document (including appendices) shall be considered to fully satisfy-- (1) all requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (2) any other provision of law that requires Federal agency consultation or review (including the consultation or review required under section 7(a) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a))) with respect to the pipeline and facilities referred to in subsection (a). (c) Permits.--Any Federal permit or authorization issued before the date of enactment of this Act for the pipeline and cross-border facilities referred to in subsection (a) shall remain in effect. (d) Federal Judicial Review.--Any legal challenge to a Federal agency action regarding the pipeline and cross-border facilities described in subsection (a), and the related facilities in the United States, that are approved by this Act, and any permit, right-of-way, or other action taken to construct or complete the project pursuant to Federal law, shall only be subject to judicial review on direct appeal to the United States Court of Appeals for the District of Columbia Circuit. (e) Private Property Savings Clause.--Nothing in this Act alters any Federal, State, or local process or condition in effect on the date of enactment of this Act that is necessary to secure access from an owner of private property to construct the pipeline and cross-border facilities described in subsection (a). SEC. 7. REVIEW OF CERTAIN EXECUTIVE ORDERS. The Comptroller General of the United States shall-- (1) conduct a review of any Executive order issued by the President that is not based on the exclusive constitutional authority of the President; and (2) not later than 180 days after the date of enactment of this Act, submit to Congress a report on the results of the review.

Removing Repeated Executive Delays to Transboundary Approvals of Pipelines and Engineering Act - Designates and empowers the Secretary of State to receive all applications (except those received by the Secretary of Energy [DOE] under current law) for permits for the construction, connection, operation, or maintenance, at the U.S. borders, of facilities for the exportation or importation to or from a foreign country of petroleum, petroleum products, coal, other fuels, certain products, water or sewage, as well as persons or things. Prescribes requirements and procedures for granting a permit. Authorizes TransCanada Keystone Pipeline, L.P. to construct, connect, operate, and maintain the pipeline and cross-border facilities specified in an application filed by TransCanada Corporation to the Department of State on May 4, 2012. Deems the Final Supplemental Environmental Impact Statement regarding the pipeline issued by the Secretary of State in January 2014 to fully satisfy the National Environmental Policy Act of 1969, and any law that requires federal agency consultation or review, including the Endangered Species Act of 1973. Restricts any legal challenges regarding a federal agency action and such facilities to judicial review on direct appeal to the U.S. Court of Appeals for the District of Columbia Circuit. Directs the Comptroller General (GAO) to review any Executive order issued by the President that is not based on the President's exclusive constitutional authority.

Removing Repeated Executive Delays to Transboundary Approvals of Pipelines and Engineering Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pharmaceutical Market Access Act of 2003''. SEC. 2. FINDINGS. Congress finds that-- (1) Americans unjustly pay up to 1000 percent more to fill their prescriptions than consumers in other countries; (2) the United States is the largest market for pharmaceuticals in the world, yet American consumers pay the highest prices for pharmaceuticals in the world; (3) an unaffordable drug is neither safe nor effective; (4) allowing and structuring the importation of prescription drugs ensures access to affordable drugs, thus providing a level of safety to American consumers that consumers do not currently enjoy; (5) according to the Congressional Budget Office, American seniors alone will spend $1,800,000,000,000 on pharmaceuticals over the next 10 years; and (6) allowing open pharmaceutical markets could save American consumers at least $635,000,000,000 each year. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to give all Americans immediate relief from the outrageously high cost of pharmaceuticals; (2) to reverse the perverse economics of American pharmaceutical markets; (3) to allow the importation of drugs (excluding pharmaceutical narcotics) only if the drugs and the facilities in which the drugs are manufactured are approved by the Food and Drug Administration; and (4) to require that imported prescription drugs be packaged and shipped using counterfeit-resistant technologies approved by the Bureau of Engraving and Printing, similar to the technologies used to secure United States currency. SEC. 4. IMPORTATION OF PRESCRIPTION DRUGS. Section 804 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384) is amended-- (1) in subsection (a)-- (A) by striking ``The Secretary'' and inserting ``Not later than 180 days after the date of enactment of the Pharmaceutical Market Access Act of 2003, the Secretary''; and (B) by striking ``pharmacists and wholesalers'' and inserting ``pharmacists, wholesalers, and qualifying individuals''; (2) in subsection (b)-- (A) by striking paragraph (1) and inserting the following: ``(1) require that each covered product imported under that subsection complies with sections 501, 502, and 505 and other applicable requirements of this Act; and''; (B) in paragraph (2), by striking ``, including subsection (d); and'' and inserting a period; and (C) by striking paragraph (3); (3) in subsection (c), by inserting ``by pharmacists and wholesalers (but not qualifying individuals)'' after ``importation of covered products''; (4) in subsection (d)-- (A) by striking paragraphs (3) and (10); (B) in paragraph (5), by striking ``, including the professional license number of the importer, if any''; (C) in paragraph (6)-- (i) in subparagraph (C), by inserting ``(if required under subsection (e))'' before the period; (ii) in subparagraph (D), by inserting ``(if required under subsection (e))'' before the period; and (iii) in subparagraph (E), by striking ``labeling''; (D) in paragraph (7)-- (i) in subparagraph (A), by inserting ``(if required under subsection (e))'' before the period; and (ii) by striking subparagraph (B) and inserting the following: ``(B) Certification from the importer or manufacturer of the product that the product meets all requirements of this Act.''; and (E) by redesignating paragraphs (4) through (9) as paragraphs (3) through (8), respectively; (5) by striking subsection (e) and inserting the following: ``(e) Testing.-- ``(1) In general.--Subject to paragraph (2), regulations under subsection (a) shall require that testing referred to in paragraphs (5) through (7) of subsection (d) be conducted by the importer of the covered product, unless the covered product is a prescription drug subject to the requirements of section 505B for counterfeit-resistant technologies. ``(2) Exception.--The testing requirements of paragraphs (5) through (7) of subsection (d) shall not apply to an importer unless the importer is a wholesaler.''; (6) in subsection (f), by striking ``or designated by the Secretary, subject to such limitations as the Secretary determines to be appropriate to protect the public health''; (7) in subsection (g)-- (A) by striking ``counterfeit or''; and (B) by striking ``and the Secretary determines that the public is adequately protected from counterfeit and violative covered products being imported pursuant to subsection (a)''; (8) in subsection (i)(1)-- (A) by striking subparagraph (A) and inserting the following: ``(A) Study.-- ``(i) In general.--The Secretary shall conduct, or contract with an entity to conduct, a study on the imports permitted under subsection (a), including consideration of the information received under subsection (d). ``(ii) Evaluation.-- In conducting the study, the Secretary or entity shall-- ``(I) evaluate the compliance of importers with regulations under subsection (a), and the incidence of shipments under that subsection, if any, that have been determined to be misbranded or adulterated; and ``(II) determine how that compliance contrasts with the incidence of shipments of prescription drugs transported within the United States that have been determined to be misbranded or adulterated.''; and (B) in subparagraph (B), by striking ``Not later than 2 years after the effective date of final regulations under subsection (a),'' and inserting ``Not later than 18 months after the date of enactment of the Pharmaceutical Market Access Act of 2003,''; (9) in subsection (k)(2)-- (A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (B) by inserting after subparagraph (C) the following: ``(D) Qualifying individual.--The term `qualifying individual' means an individual who is not a pharmacist or a wholesaler. ''; and (10) by striking subsections (l) and (m). SEC. 5. USE OF COUNTERFEIT-RESISTANT TECHNOLOGIES TO PREVENT COUNTERFEITING. (a) Misbranding.--Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the following: ``(w) If it is a drug subject to section 503(b), unless the packaging of the drug complies with the requirements of section 505B for counterfeit-resistant technologies.''. (b) Requirements.--Title V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 505A the following: ``SEC. 505B. COUNTERFEIT-RESISTANT TECHNOLOGIES. ``(a) Incorporation of Counterfeit-Resistant Technologies Into Prescription Drug Packaging.--The Secretary shall require that the packaging of any drug subject to section 503(b) incorporate-- ``(1) overt optically variable counterfeit-resistant technologies that are described in subsection (b) and comply with the standards of subsection (c); or ``(2) technologies that have an equivalent function of security, as determined by the Secretary. ``(b) Eligible Technologies.--Technologies described in this subsection-- ``(1) shall be visible to the naked eye, providing for visual identification of product authenticity without the need for readers, microscopes, lighting devices, or scanners; ``(2) shall be similar to the technologies used by the Bureau of Engraving and Printing to secure United States currency; ``(3) shall be manufactured and distributed in a highly secure, tightly controlled environment; and ``(4) should incorporate additional layers of nonvisible covert security features up to and including forensic capability. ``(c) Standards for Packaging.-- ``(1) Multiple elements.--For the purpose of making it more difficult to counterfeit the packaging of drugs subject to section 503(b), a manufacturer of the drugs shall incorporate the technologies described in subsection (b) into multiple elements of the physical packaging of the drugs, including blister packs, shrink wrap, package labels, package seals, bottles, and boxes. ``(2) Labeling of shipping container.-- ``(A) In general.--A shipment of a drug described in subsection (a) shall include a label on the shipping container that incorporates the technologies described in subsection (b), so that officials inspecting the packages will be able to determine the authenticity of the shipment. ``(B) Chain-of-custody procedures.-- ``(i) In general.--A manufacturer of a drug described in subsection (a) shall ensure that chain-of-custody procedures apply to a label required under subparagraph (A). ``(ii) Required procedures.--Chain-of- custody procedures required under clause (i) shall include-- ``(I) procedures applicable to contractual agreements for the use and distribution of the labels; ``(II) methods to audit the use of the labels; and ``(III) database access for the relevant governmental agencies for audit or verification of the use and distribution of the labels.''.

Pharmaceutical Market Access Act of 2003 - Amends the Federal Food, Drug and Cosmetic Act to direct the Secretary of Health and Human Services to promulgate regulations allowing qualifying individuals to import covered products (in addition to pharmacists and wholesalers, whom current law authorizes to import such products). Amends provisions pertaining to record keeping regarding imported covered products. States that the Secretary shall not have to store records in cases in which qualifying individuals have imported a covered product. Amends provisions regarding the testing of imported covered products. Declares that specified tests, including ones involving authenticity and degradation of products, shall not be required unless the importer is a wholesaler. Requires such tests to be conducted by the importer unless a product is a prescription drug subject to the provisions of this Act pertaining to counterfeit-resistant packaging. (Currently either the importer or the manufacturer may conduct such tests). Eliminates the sunset date current law establishes for the provisions pertaining to the importation of covered products. Classifies prescription drugs as misbranded if they do not incorporate specified counterfeit-resistant technologies in packaging.

A bill to authorize the Secretary of Health and Human Services to promulgate regulations for the reimportation of prescription drugs, and for other purposes.

SECTION 1. AUTHORIZATION OF APPROPRIATIONS. (a) Merit Systems Protection Board.--Section 8(a)(1) of the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note) is amended by striking ``1998, 1999, 2000, 2001 and 2002'' and inserting ``2003, 2004, 2005, 2006, and 2007''. (b) Office of Special Counsel.--Section 8(a)(2) of the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note) is amended by striking ``1993, 1994, 1995, 1996, and 1997,'' and inserting ``2003, 2004, 2005, 2006, and 2007''. (c) Effective Date.--This section shall take effect on October 1, 2002. SEC. 2. DISCLOSURE OF VIOLATIONS OF LAW; RETURN OF DOCUMENTS. Section 1213(g) of title 5, United States Code, is amended-- (1) in paragraph (1), by striking the last sentence; and (2) by striking paragraph (3) and inserting the following: ``(3) If the Special Counsel does not transmit the information to the head of the agency under paragraph (2), the Special Counsel shall inform the individual of-- ``(A) the reasons why the disclosure may not be further acted on under this chapter; and ``(B) other offices available for receiving disclosures, should the individual wish to pursue the matter further.''. SEC. 3. PROTECTION OF CERTAIN DISCLOSURES OF INFORMATION BY FEDERAL EMPLOYEES. (a) Clarification of Disclosures Covered.--Section 2302(b)(8) of title 5, United States Code, is amended-- (1) in subparagraph (A)-- (A) by striking ``which the employee or applicant reasonably believes evidences'' and inserting ``, without restriction to time, place, form, motive, context, or prior disclosure made to any person by an employee or applicant, including a disclosure made in the ordinary course of an employee's duties that the employee or applicant reasonably believes is evidence of''; and (B) in clause (i) by striking ``a violation'' and inserting ``any violation''; (2) in subparagraph (B)-- (A) by striking ``which the employee or applicant reasonably believes evidences'' and inserting ``, without restriction of time, place, form, motive, context, or prior disclosure made to any person by an employee or applicant, including a disclosure made in the ordinary course of an employee's duties to the Special Counsel, or to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures, of information that the employee or applicant reasonably believes is evidence of''; and (B) in clause (i), by striking ``a violation'' and inserting ``any violation''; and (3) by adding at the end the following: ``(C) a disclosure that-- ``(i) is made by an employee or applicant of information required by law or Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs that the employee or applicant reasonably believes is evidence of-- ``(I) any violation of any law, rule, or regulation; ``(II) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; or ``(III) a false statement to Congress on an issue of material fact; and ``(ii) is made to-- ``(I) a member of a committee of Congress having a primary responsibility for oversight of a department, agency, or element of the Federal Government to which the disclosed information relates; ``(II) any other Member of Congress who is authorized to receive information of the type disclosed; or ``(III) an employee of the executive branch or Congress who has the appropriate security clearance for access to the information disclosed.''. (b) Covered Disclosures.--Section 2302(b) of title 5, United States Code, is amended-- (1) in the matter following paragraph (12), by striking ``This subsection'' and inserting the following: ``This subsection''; and (2) by adding at the end the following: ``In this subsection, the term `disclosure' means a formal or informal communication or transmission.''. (c) Rebuttable Presumption.--Section 2308(b) of title 5, United States Code, is amended by adding after the matter following paragraph (12) (as amended by subsection (b) of this section) the following: ``For purposes of paragraph (8), any presumption relating to the performance of a duty by an employee may be rebutted by substantial evidence.''. (d) Nondisclosure Policies, Forms, and Agreements.-- (1) Personnel action.--Section 2302(a)(2)(A) of title 5, United States Code, is amended-- (A) in clause (x), by striking ``and'' after the semicolon; and (B) by redesignating clause (xi) as clause (xii) and inserting after clause (x) the following: ``(xi) the implementation or enforcement of any nondisclosure policy, form, or agreement; and''. (e) Authority of Special Counsel Relating to Civil Actions.-- (1) Representation of special counsel.--Section 1212 of title 5, United States Code, is amended by adding at the end the following: ``(h) Except as provided in section 518 of title 28, relating to litigation before the Supreme Court, attorneys designated by the Special Counsel may appear for the Special Counsel and represent the Special Counsel in any civil action brought in connection with section 2302(b)(8) or subchapter III of chapter 73, or as otherwise authorized by law.''. (2) Judicial review of merit systems protection board decisions.--Section 7703 of title 5, United States Code, is amended by adding at the end the following: ``(e) The Special Counsel may obtain review of any final order or decision of the Board by filing a petition for judicial review in the United States Courts of Appeals for the Federal Circuit if the Special Counsel determines, in the discretion of the Special Counsel, that the Board erred in deciding a case arising under section 2302(b)(8) or subchapter III of chapter 73 and that the Board's decision will have a substantial impact on the enforcement of section 2302(b)(8) or subchapter III of chapter 73. If the Special Counsel was not a party or did not intervene in a matter before the Board, the Special Counsel may not petition for review of a Board decision under this section unless the Special Counsel first petitions the Board for reconsideration of its decision, and such petition is denied. In addition to the named respondent, the Board and all other parties to the proceedings before the Board shall have the right to appear in the proceedings before the Court of Appeals. The granting of the petition for judicial review shall be at the discretion of the Court of Appeals.''. SEC. 4. NONDISCLOSURE POLICIES, FORMS, AND AGREEMENTS. (a) In General.--Each agreement in Standard Forms 312 and 4414 of the Government and any other nondisclosure policy, form, or agreement shall contain the following statement: ``These restrictions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order No. 12958; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United States Code (governing disclosure to Congress by members of the military); section 2302(b)(8) of title 5, United States Code (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents); and the statutes which protect against disclosure that may compromise the national security, including sections 641, 793, 794, 798, and 952 of title 18, United States Code, and section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by such Executive order and such statutory provisions are incorporated into this agreement and are controlling.'' Any nondisclosure policy, form, or agreement that does not contain the above statement may not be implemented or enforced to the extent that it conflicts with language in the above statement. (b) Persons Other Than Federal Employees.--Notwithstanding subsection (a), a nondisclosure policy, form, or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose any classified information received in the course of such activity unless specifically authorized to do so by the United States Government. Such nondisclosure forms shall also make it clear that such forms do not bar disclosures to Congress or to an authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law.

Reauthorizes appropriations under the Whistleblower Protection Act of 1989 for the Merit Systems Protection Board and the Office of Special Counsel.Repeals the requirement under Federal civil service provisions that the Special Counsel return any documents and other matter provided by the individual who made the disclosure.Includes as a protected disclosure by a Federal employee any lawful disclosure that an employee or applicant reasonably believes is credible evidence of waste, fraud, abuse, or gross mismanagement. Covers any disclosure of information without restriction to time, place, form, motive, or context, or prior disclosure made to any person by an employee or applicant, including a disclosure made in the ordinary course of any employee's duties, that the employee or applicant reasonably believes is evidence of any violation of any law, rule, or regulation, or other specified misconduct.Allows a presumption relating to the performance of a duty by an employee to be rebutted by substantial evidence.Permits representation by attorneys for the Office of the Special Counsel in civil actions brought in connection with such disclosures of information or provisions relating to political activities. Allows the Special Counsel to obtain judicial review of any final order or decision of the Merit Systems Protection Board with respect to a case concerning such a disclosure or provision.Requires each non-disclosure policy, form, or agreement to contain a statement that the restrictions are consistent with and do not supersede specified employee obligations, rights, or liabilities.

A bill to authorize appropriations for the Merit Systems Protection Board and the Office of Special Counsel, to provide for the protection of certain disclosures of information by Federal employees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Business Activity Tax Simplification Act of 2006''. SEC. 2. REMOVAL OF CERTAIN LIMITATIONS ON THE APPLICATION OF PUBLIC LAW 86-272. (a) Solicitations With Respect to Sales and Transactions of Other Than Tangible Personal Property.--Section 101 of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved September 14, 1959 (15 U.S.C. 381 et seq.) is amended-- (1) in subsection (a)(1) by striking ``of tangible'' and all that follows through ``State; and'' and inserting the following: ``or transactions, which orders are sent outside the State for approval or rejection and, if approved, are-- ``(A) in the case of tangible personal property, filled by shipment or delivery from a point outside the State; and ``(B) in the case of all other forms of property, services, and other transactions, fulfilled from a point outside the State; and''; (2) in subsection (c)-- (A) by inserting ``or fulfilling transactions'' after ``making sales''; (B) by inserting ``or transactions'' after ``sales'' the other places it appears; (C) by striking ``of tangible personal property'' the first place it appears; and (D) by striking ``, of tangible personal property''; and (3) in subsection (d)(1) by striking ``the sale of, tangible personal property'' and inserting ``a sale or transaction,''. (b) Application of Prohibitions to Other Business Activity Taxes.-- Title I of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved September 14, 1959 (15 U.S.C. 381 et seq.) is amended by adding at the end the following: ``Sec. 105. Beginning with taxable periods beginning on or after the first day of the first calendar year that begins after the date of the enactment of the Business Activity Tax Simplification Act of 2006, the prohibitions of section 101 that apply with respect to net income taxes shall also apply with respect to each other business activity tax, as defined in section 4 of the Business Activity Tax Simplification Act of 2006. A State or political subdivision thereof may not assess or collect any tax which by reason of this section the State or political subdivision may not impose.''. (c) Effective Date of Subsection (a) Amendments.--The amendments made by subsection (a) shall apply with respect to the imposition, assessment, and collection of taxes for taxable periods beginning on or after the first day of the first calendar year that begins after the date of the enactment of the Business Activity Tax Simplification Act of 2006. SEC. 3. JURISDICTIONAL STANDARD FOR STATE AND LOCAL NET INCOME TAXES AND OTHER BUSINESS ACTIVITY TAXES. (a) In General.--No taxing authority of a State shall have power to impose, assess, or collect a net income tax or other business activity tax on any person relating to such person's activities in interstate commerce unless such person has a physical presence in the State during the taxable period with respect to which the tax is imposed. (b) Requirements for Physical Presence.--For the purposes of subsection (a), a person has a physical presence in a State only if such person's business activities in the State include any of the following, collectively and on more than 21 days in the aggregate, during such person's taxable year: (1) Being an individual physically in the State, or assigning one or more employees to be in the State, except that the following shall be excluded in determining whether such 21- day limit has been exceeded: (A) Activities in connection with a possible or an actual purchase of goods or services, for consumption by the person's business. (B) Gathering news for print, broadcast, or other distribution through the news media. (C) Meeting government officials for purposes other than selling goods or services, for consumption by such government. (D) Merely attending educational or training conferences, seminars or other similar functions. (E) Nonprofit participation in charitable activities. (2) Using the services of an agent (excluding an employee) to establish or maintain the market in the State, if such agent does not perform business services in the State for any other person during such taxable year. (3) The leasing or owning of tangible personal property or of real property in the State, except that the following shall be excluded in determining whether such 21-day limit has been exceeded: (A) Tangible personal property located in the State for purposes of being assembled, manufactured, processed, or tested by another person for the benefit of the owner or lessee, or used to furnish a service to the owner or lessee by another person. (B) Marketing or promotional materials distributed in the State. (C) Any property to the extent used ancillary to an activity excluded from the computation of the 21-day period based on paragraph (1) or (2). (c) Taxable Periods Not Consisting of a Year.--If the taxable period for which the tax is imposed is not a year, then any requirements expressed in days for establishing physical presence under this Act shall be adjusted pro rata accordingly. (d) Exceptions.-- (1) Domestic business entities and individuals domiciled in, or residents of, the state.--Subsection (a) does not apply with respect to-- (A) a person (other than an individual) that is incorporated or formed under the laws of the State (or domiciled in the State) in which the tax is imposed; or (B) an individual who is domiciled in, or a resident of, the State in which the tax is imposed. (2) Taxation of partners and similar persons.--This section shall not be construed to modify or affect any State business activity tax liability of an owner or beneficiary of an entity that is a partnership, an S corporation (as defined in section 1361 of the Internal Revenue Code of 1986 (26 U.S.C. 1361)), a limited liability company, a trust, an estate, or any other similar entity, if the entity has a physical presence in the State in which the tax is imposed. (3) Preservation of authority.--This section shall not be construed to modify, affect, or supersede the authority of a State to bring an enforcement action against a person or entity that may be engaged in an illegal activity, a sham transaction, or any perceived or actual abuse in its business activities if such enforcement action does not modify, affect, or supersede the operation of any provision of this Act or of any other Federal law. (4) Certain activities.--With respect to the following, subsection (b) shall be read by substituting ``at least one day'' for ``more than 21 days in the aggregate'': (A) The sale within a State of tangible personal property, if delivery of the property originates and is completed within the State. (B) The performance of services that physically affect real property within a State. (5) Exception relating to certain performances and sporting events.--With respect to the taxation of the following, subsection (b) shall be read by substituting ``at least one day'' for ``more than 21 days in the aggregate'': (A) A live performance in a State, before a live audience of more than 100 individuals. (B) A live sporting event in a State before more than 100 spectators present at the event. (e) Rule of Construction.--This section shall not be construed to modify, affect, or supersede the operation of title I of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved September 14, 1959 (15 U.S.C. 381 et seq.). SEC. 4. DEFINITIONS. The following definitions apply in this Act: (1) Net income tax.--The term ``net income tax'' has the meaning given that term for the purposes of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved September 14, 1959 (15 U.S.C. 381 et seq.). (2) Other business activity tax.-- (A) The term ``other business activity tax'' means-- (i) a tax imposed on or measured by gross receipts, gross income, or gross profits; (ii) a business license tax; (iii) a business and occupation tax; (iv) a franchise tax; (v) a single business tax or a capital stock tax; or (vi) any other tax imposed by a State on a business for the right to do business in the State or measured by the amount of, or economic results of, business or related activity conducted in the State. (B) The term ``other business activity tax'' does not include a sales tax, a use tax, or a similar tax, imposed as the result of the sale or acquisition of goods or services, whether or not denominated a tax imposed on the privilege of doing business. (3) State.--The term ``State'' means any of the several States, the District of Columbia, or any territory or possession of the United States, or any political subdivision of any of the foregoing. (4) Tangible personal property.--The term ``tangible personal property'' does not include computer software that is owned and licensed by the owner to another person. SEC. 5. EFFECTIVE DATE. Except as provided otherwise in this Act, this Act applies with respect to taxable periods beginning on and after the first day of the first year that begins after the date of enactment of this Act.

Business Activity Tax Simplification Act of 2006 - Extends the general federal prohibition against state taxation (i.e., net income taxation) of interstate commerce to include taxation of out-of-state transactions involving all forms of property, including intangible personal property and services (currently, only sales of tangible personal property are protected). Extends such prohibition to other business activity taxes (defined as taxes imposed on or measured by gross receipts, gross income, or gross profits, a business license tax, a business and occupation tax, a franchise tax, a single business tax or a capital stock tax, or any other tax based on business activity). Prohibits state taxation of activities in interstate commerce unless the taxpayer has a physical presence in the taxing state. Defines "physical presence in a state" to mean business and leasing activities for more than 21 days in the taxing state. Disregards in determining such 21-day period: (1) activities relating to the purchase of goods or services for a business; (2) news-gathering activities; (3) certain meetings with government officials; (4) attending educational or training conferences; or (5) participation in charitable activities. Reduces the 21-day period to one day for: (1) live performances and sporting events in the taxing state when the audience is more than 100 individuals; (2) sales of tangible personal property made in the taxing state if delivery is completed in such state; and (3) the performance of services that physically affect real property within the taxing state. Excludes from this Act's prohibition against state taxation: (1) entities incorporated or formed under the laws of such state; (2) individuals domiciled in such state; and (3) the owner or beneficiary of a partnership, S corporation, limited liability company, or similar entity that has a physical presence in the taxing state.

To regulate certain State taxation of interstate commerce; and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Annuity Income for Life Act of 2003''. SEC. 2. EXCLUSION OF PERCENTAGE OF LIFETIME ANNUITY PAYMENTS. (a) Qualified Plans.--Subsection (e) of section 402 of the Internal Revenue Code of 1986 (relating to exempt trusts) is amended by adding at the end the following: ``(7) Exclusion of percentage of lifetime annuity payments.-- ``(A) In general.--In the case of a lifetime annuity payment from a qualified trust (within the meaning of subsection (c)(8)(A)) to a qualified distributee, gross income shall not include 15 percent of the amount otherwise includible in gross income (determined without regard to this paragraph). ``(B) Definitions and special rules.--For purposes of this paragraph-- ``(i) Lifetime annuity payment.-- ``(I) In general.--The term `lifetime annuity payment' means a distribution which is a part of a series of substantially equal periodic payments (made not less frequently than annually) made over the life of the qualified distributee or the joint lives of the qualified distributee and the qualified distributee's designated beneficiary. ``(II) Exceptions.--Annuity payments shall not fail to be treated as part of a series of substantially equal periodic payments because the amount of the periodic payments may vary in accordance with investment experience, reallocations among investment options, actuarial gains or losses, cost of living indices, or similar fluctuating criteria. The availability of a commutation benefit, a minimum period of payments certain, or a minimum amount to be paid in any event shall not affect the treatment of a distribution as a lifetime annuity payment. In the case of lifetime annuity payments being made to a qualified trust, payments by the qualified trust to a qualified distributee of the entire amount received by the qualified trust with respect to the qualified distributee shall constitute lifetime annuity payments. ``(ii) Qualified distributee.--The term `qualified distributee' means the employee, the surviving spouse of the employee, and an alternate payee who is the spouse or former spouse of the employee. ``(iii) Limitation.--With respect to any qualified distributee, subparagraph (A) shall not apply to any lifetime annuity payment to the extent that such payments, when added to all previous payments under such annuity to such qualified distributee during the taxable year, exceed 50 percent of the applicable amount for such year under section 415(c)(1)(A). For purposes of this clause, all lifetime annuity payments received by a qualified distributee shall be taken into account to the extent that such payments are subject to this paragraph or to rules similar to the rules of this paragraph. ``(C) Recapture tax.-- ``(i) In general.--If-- ``(I) a portion of a lifetime annuity payment is not includible in gross income by reason of subparagraph (A), and ``(II) the series of payments of which such payment is a part is subsequently modified (other than by reason of death or disability) so that some or all future payments are not lifetime annuity payments, the qualified distributee's gross income for the first taxable year in which such modification occurs shall be increased by an amount, determined under rules prescribed by the Secretary, equal to the amount which (but for subparagraph (A)) would have been includible in the qualified distributee's gross income if the modification had been in effect at all times, plus interest for the deferral period. ``(ii) Deferral period.--For purposes of clause (i), the term `deferral period' means the period beginning with the taxable year in which (without regard to subparagraph (A)) the payment would have been includible in gross income and ending with the taxable year in which the modification described in clause (i)(II) occurs.''. (b) Section 403(a) Plans.--Paragraph (4) of section 403(a) of such Code (relating to qualified annuity plans) is amended by adding at the end the following new subparagraph: ``(C) Exclusion of percentage of lifetime annuity payments.--Rules similar to the rules of section 402(e)(7) shall apply to distributions under any annuity contract to which this subsection applies.''. (c) Section 403(b) Plans.--Section 403(b) of such Code (relating to purchased annuities) is amended by adding at the end the following new paragraph: ``(14) Exclusion of percentage of lifetime annuity payments.--Rules similar to the rules of section 402(e)(7) shall apply to distributions under any annuity contract to which this subsection applies.''. (d) IRAs.--Section 408(d) of such Code (relating to tax treatment of distributions) is amended by adding at the end the following new paragraph: ``(8) Exclusion of percentage of lifetime annuity payments.--Rules similar to the rules of section 402(e)(7) shall apply to distributions out of an individual retirement plan.''. (e) Section 457 Plans.--Section 457(e) of such Code (relating to special rules for deferred compensation plans) is amended by adding at the end the following new paragraph: ``(18) Exclusion of percentage of lifetime annuity payments.--Rules similar to the rules of section 402(e)(7) shall apply to distributions from an eligible deferred compensation plan of an eligible employer described in subsection (e)(1)(A).''. (f) Effective Date.--The amendments made by this section shall apply to distributions made after December 31, 2003. SEC. 3. NOTICE OF EQUIVALENT ANNUITY. (a) In General.--Paragraph (1) of section 402(f) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``and'', and by inserting after subparagraph (E) the following new subparagraph: ``(F) in the case of a participant receiving a benefit to which section 401(a)(11)(A) does not apply, in accordance with rules prescribed by the Secretary, of the amount of a lifetime annuity payment (as defined in section 402(e)(7)(D)) that is the actuarial equivalent of account balances specified in such rules.''. (b) Rules and Model Notice.--The Secretary of the Treasury shall, within 180 days of the date of enactment of this Act, issue rules and a model notice provision under section 402(f)(1)(F) of the Internal Revenue Code of 1986. (c) Effective Date.--The amendments made by this section shall apply to distributions made after the date that is one year after the date of enactment of this Act.

Secure Annuity Income for Life Act of 2003 - Amends the Internal Revenue Code to exclude from gross income a percentage of lifetime annuity payments from a qualified trust to a qualified distributee. Provides for recapture and taxation of payments that are modified (other than by death or disability) so as to not qualify as lifetime annuity payments. Applies such exclusion to: (1) section 403(a) plans (employee annuities); (2) section 403(b) plans (public schools and certain tax exempt organizations); (3) section 408 plans (individual retirement accounts); and (4) section 457 plans (deferred compensation plans for State and local governments and tax-exempt organizations). Defines: (1) "lifetime annuity payment"; and (2) "qualified distributee."

To amend the Internal Revenue Code of 1986 to exclude from gross income a percentage of lifetime annuity payments, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Drug Policy Act of 1993''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Commission on National Drug Policy''. SEC. 3. DUTIES OF COMMISSION. (a) Study.--The Commission shall conduct a study of the unlawful production, distribution, and use of controlled substances, including-- (1) an investigation into the various causes of the unlawful use in the United States of controlled substances and the relative significance of the various causes; (2) an evaluation of the efficacy of existing Federal laws regarding the unlawful production, distribution, and use of controlled substances, including the efficacy of Federal minimum sentences for violations of the laws regarding the unlawful sale and use of controlled substances; (3) an analysis of the costs, benefits, risks, and advantages of the present national policy regarding controlled substances and of potential modifications of that policy, including an analysis of what proportion of the funds dedicated to combating the unlawful sale and use of controlled substances should be devoted to-- (A) interdicting controlled substances entering the United States unlawfully; (B) enforcing Federal laws relating the unlawful production, distribution, and use of controlled substances; (C) education and other forms of preventing the unlawful use of controlled substances; or (D) rehabilitating individuals who use controlled substances unlawfully; and (4) an analysis of methods of rehabilitation, including an evaluation of the efficacy of current methods and suggestions for new methods. (b) Report.--Within 18 months after the date on which funds first become available to carry out this Act, the Commission-- (1) shall submit to the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate a comprehensive report on the study conducted under subsection (a), and (2) shall make the report available to the public upon request. The report shall include the Commission's conclusions and recommendations which at least a majority of the Commission have agreed upon and the Commission's proposals for legislation and administrative action necessary to carry out the Commission's recommendations. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 13 members appointed as follows from among qualified individuals: (1) By the president.--Five members appointed by the President of the United States, not more than 3 of whom may be members of the same political party. (2) By leaders of the senate.--Two members each appointed by the majority leader of the Senate and the minority leader of the Senate, not more than 2 of whom shall be members of the same political party. (3) By leaders of the house.--Two members each appointed by the Speaker of the House of Representatives and the minority leader of the House of Representatives, not more than 2 of whom shall be members of the same political party. Appointments to the Commission shall be made not later than 60 days after the date of the enactment of this Act. (b) Qualifications.--For purposes of subsection (a), individuals representing the professions that deal with those who produce, distribute, and use controlled substances unlawfully are qualified to be appointed to the Commission and individuals who hold an elected Federal office are not qualified for appointment to the Commission. Each appointing authority named in subsection (a) should consider appointing individuals who are-- (1) law enforcement officials; (2) physicians; (3) social workers; (4) judges and attorneys; (5) Drug Enforcement Agency staff; (6) drug rehabilitation counselors; (7) religious leaders; (8) community leaders from inner-city communities; (9) educators; or (10) individuals with academic expertise in issues surrounding the unlawful production, distribution, and use of controlled substances. (c) Terms.--Each member shall be appointed for the life of the Commission. (d) Vacancies.--A vacancy on the Commission resulting from the death or resignation of a member shall not affect the powers of the Commission. If a vacancy occurs on the Commission, a new member shall be appointed in the same manner as the original member was appointed. (e) Basic Pay.-- (1) Rates of pay.--Except as provided in paragraph (2), members of the Commission shall be paid at a rate not to exceed the daily equivalent of the maximum annual rate of pay for grade GS-15 of the General Schedule in effect under section 5332 of title 5, United States Code, for each day (including travel time) during which they are engaged in the performance of the duties of the Commission. (2) Prohibition of compensation of federal employees.-- Members of the Commission who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission, except as provided in paragraph (3). (3) Travel expenses.--While away from their homes or regular places of business in the performance of the duties of the Commission, members of the Commission shall be allowed travel expenses, including a per diem allowance in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed travel expenses under sections 5703 of title 5, United States Code. (f) Quorum.--Seven members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (g) Chairperson; Vice Chairperson.--At the time of appointment, the President shall designate 1 of the members of the Commission as the chairperson and 1 of the members of the Commission as the vice chairperson. (h) Meetings.--The Commission shall meet at the call of the chairperson or a majority of the members of the Commission but not less often than once a month. SEC. 5. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Staff.-- (1) Appointment and pay.--The Commission may appoint and fix the pay of personnel as it considers appropriate. (2) Applicability of Certain Civil Service Laws.--The staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates except that an individual so appointed may not receive pay in excess of the maximum annual rate of pay for grade GS-15 of the General Schedule in effect under section 5332 of title 5, United States Code. (b) Experts and Consultants.--The Commission may procure temporary or intermittent services under section 3109(b) of title 5, United States Code, at a rate of pay not to exceed the daily equivalent of the maximum annual rate of pay for grade GS-15 of the General Schedule in effect under section 5332 of title 5, United States Code. (c) Staff of Federal Agencies.--At the request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of that agency to the Commission to carry out this Act. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.-- (1) Authority.--To carry out this Act, the Commission may hold the hearings, sit and act at the times and places, take the testimony, and receive the evidence that the Commission considers appropriate. (2) Open meetings.--The Commission shall be considered an agency for the purposes of section 552b of title 5, United States Code, relating to the requirement that meetings of Federal agencies be open to the public. (3) Transcripts.--Transcripts of a hearing held under paragraph (1) shall be published and shall be made available, upon request, to the public within a reasonable time after the conclusion of the hearing. (b) Powers of Members and Agents.--If authorized by the Commission, any member or agent of the Commission may take any action that the Commission is authorized to take by this section. (c) Obtaining Official Information.-- (1) Authority and procedure for obtaining information.-- Notwithstanding section 552a of title 5 or any other restriction on the disclosure of information, the Commission may secure directly from any Federal agency information necessary to enable it to carry out this Act. At the request of the chairperson of the Commission, the head of the agency shall furnish the information to the Commission. (2) Use and disclosure of information.--The Commission shall be subject to the same restrictions regarding the use or disclosure of any information obtained from any Federal agency under this subsection as are applicable to the use or disclosure of the information by the Federal agency from which it is obtained. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (e) Administrative Support Services.--At the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out this Act. (f) Expenditures and Contracts.--The Commission may make expenditures and enter into contracts for the procurement of the supplies, services, and property the Commission considers appropriate to carry out this Act. The aggregate amount of such expenditures and contracts may be made only to the extent or in the amounts provided in appropriations Acts. SEC. 7. TERMINATION. The Commission shall terminate 60 days after submitting the report required by section 3(b). SEC. 8. DEFINITIONS. For purposes of this Act: (1) Commission.--The term ``Commission'' means the Commission on National Drug Policy established by section 2. (2) Controlled substance.--The term ``controlled substance'' means a controlled substance as defined by section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)). (3) Distribute.--The term ``distribute'' means distribute as defined by section 102(11) of the Controlled Substances Act (21 U.S.C. 802(11)). (4) Federal agency.--The term ``Federal agency'' means an executive agency as defined by section 105 of title 5, United States Code. (5) Production.--The term ``production'' means production as defined by section 102(22) of the Controlled Substances Act (21 U.S.C. 802(22)).

National Drug Policy Act of 1993 - Establishes the Commission on National Drug Policy to study and report to the President and the Congress on the unlawful production, distribution, and use of controlled substances.

National Drug Policy Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unlisted Trading Privileges Act of 1994''. SEC. 2. AMENDMENTS TO THE SECURITIES EXCHANGE ACT OF 1934. (a) Unlisted Trading Privileges.--Section 12(f) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(f)) is amended by striking paragraphs (1) and (2) and inserting the following: ``(f)(1)(A) Notwithstanding the preceding subsections of this section, any national securities exchange, in accordance with the requirements of this subsection and the rules hereunder, may extend unlisted trading privileges to-- ``(i) any security that is listed and registered on a national securities exchange, subject to subparagraph (B); and ``(ii) any security that is otherwise registered pursuant to this section, or that would be required to be so registered except for the exemption from registration provided in subparagraph (B) or (G) of subsection (g)(2), subject to subparagraph (E) of this paragraph. ``(B) A national securities exchange may not extend unlisted trading privileges to a security described in subparagraph (A)(i) during such interval, if any, after the commencement of an initial public offering of such security, as is or may be required pursuant to subparagraph (C). ``(C) Not later than 180 days after the date of enactment of the Unlisted Trading Privileges Act of 1994, the Commission shall prescribe, by rule or regulation, the duration of the interval referred to in subparagraph (B), if any, as the Commission determines to be necessary or appropriate for the maintenance of fair and orderly markets, the protection of investors and the public interest, or otherwise in furtherance of the purposes of this title. Until the earlier of the effective date of such rule or regulation or 240 days after such date of enactment, such interval shall begin at the opening of trading on the day on which such security commences trading on the national securities exchange with which such security is registered and end at the conclusion of the next day of trading. ``(D) The Commission may prescribe, by rule or regulation such additional procedures or requirements for extending unlisted trading privileges to any security as the Commission deems necessary or appropriate for the maintenance of fair and orderly markets, the protection of investors and the public interest, or otherwise in furtherance of the purposes of this title. ``(E) No extension of unlisted trading privileges to securities described in subparagraph (A)(ii) may occur except pursuant to a rule, regulation, or order of the Commission approving such extension or extensions. In promulgating such rule or regulation or in issuing such order, the Commission-- ``(i) shall find that such extension or extensions of unlisted trading privileges is consistent with the maintenance of fair and orderly markets, the protection of investors and the public interest, and otherwise in furtherance of the purposes of this title; ``(ii) shall take account of the public trading activity in such securities, the character of such trading, the impact of such extension on the existing markets for such securities, and the desirability of removing impediments to and the progress that has been made toward the development of a national market system; and ``(iii) shall not permit a national securities exchange to extend unlisted trading privileges to such securities if any rule of such national securities exchange would unreasonably impair the ability of a dealer to solicit or effect transactions in such securities for its own account, or would unreasonably restrict competition among dealers in such securities or between such dealers acting in the capacity of market makers who are specialists and such dealers who are not specialists. ``(F) An exchange may continue to extend unlisted trading privileges in accordance with this paragraph only if the exchange and the subject security continue to satisfy the requirements for eligibility under this paragraph, including any rules and regulations issued by the Commission pursuant to this paragraph, except that unlisted trading privileges may continue with regard to securities which had been admitted on such exchange prior to July 1, 1964, notwithstanding the failure to satisfy such requirements. If unlisted trading privileges in a security are discontinued pursuant to this subparagraph, the exchange shall cease trading in that security, unless the exchange and the subject security thereafter satisfy the requirements of this paragraph and the rules issued hereunder. ``(G) For purposes of this paragraph-- ``(i) a security is the subject of an initial public offering if-- ``(I) the offering of the subject security is registered under the Securities Act of 1933; and ``(II) the issuer of the security, immediately prior to filing the registration statement with respect to the offering, was not subject to the reporting requirements of section 13 or 15(d) of this title; and ``(ii) an initial public offering of such security commences at the opening of trading on the day on which such security commences trading on the national securities exchange with which such security is registered. ``(2)(A) At any time within 60 days of commencement of trading on an exchange of a security pursuant to unlisted trading privileges, the Commission may summarily suspend such unlisted trading privileges on the exchange. Such suspension shall not be reviewable under section 25 of this title and shall not be deemed to be a final agency action for purposes of section 704 of title 5, United States Code. Upon such suspension-- ``(i) the exchange shall cease trading in the security by the close of business on the date of such suspension, or at such time as the Commission may prescribe by rule or order for the maintenance of fair and orderly markets, the protection of investors and the public interest, or otherwise in furtherance of the purposes of this title; and ``(ii) if the exchange seeks to extend unlisted trading privileges to the security, the exchange shall file an application to reinstate its ability to do so with the Commission pursuant to such procedures as the Commission may prescribe by rule or order for the maintenance of fair and orderly markets, the protection of investors and the public interest, or otherwise in furtherance of the purposes of this title. ``(B) A suspension under subparagraph (A) shall remain in effect until the Commission, by order, grants approval of an application to reinstate, as described in subparagraph (A)(ii). ``(C) A suspension under subparagraph (A) shall not affect the validity or force of an extension of unlisted trading privileges in effect prior to such suspension. ``(D) The Commission shall not approve an application by a national securities exchange to reinstate its ability to extend unlisted trading privileges to a security unless the Commission finds, after notice and opportunity for hearing, that the extension of unlisted trading privileges pursuant to such application is consistent with the maintenance of fair and orderly markets, the protection of investors and the public interest, and otherwise in furtherance of the purposes of this title. If the application is made to reinstate unlisted trading privileges to a security described in paragraph (1)(A)(ii), the Commission-- ``(i) shall take account of the public trading activity in such security, the character of such trading, the impact of such extension on the existing markets for such a security, and the desirability of removing impediments to and the progress that has been made toward the development of a national market system; and ``(ii) shall not grant any such application if any rule of the national securities exchange making application under this subsection would unreasonably impair the ability of a dealer to solicit or effect transactions in such security for its own account, or would unreasonably restrict competition among dealers in such security or between such dealers acting in the capacity of marketmakers who are specialists and such dealers who are not specialists.''. (b) Conforming Amendment.--Section 12(f)(3) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(f)(3)) is amended by striking ``The Commission'' and inserting ``Notwithstanding paragraph (2), the Commission''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Unlisted Trading Privileges Act of 1994 - Amends the Securities Exchange Act of 1934 to modify the guidelines under which a national securities exchange may extend unlisted trading privileges for corporate securities. Directs the Securities and Exchange Commission to prescribe, as necessary, the time period after commencement of an initial public offering during which a national securities exchange is prohibited from extending unlisted trading privileges. Subjects the extension of unlisted trading privileges by a national securities exchange to Commission rules and/or approval. Provides for suspension and reinstatement of such privileges.

Unlisted Trading Privileges Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Genetically Engineered Pharmaceutical and Industrial Crop Safety Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) A pharmaceutical crop or industrial crop is a plant that has been genetically engineered to produce a medical or industrial product, including a human or veterinary drug, biologic, industrial, or research chemical, or enzyme. (2) The Department of Agriculture has issued ``split approval'' permits to allow the cultivation of 10 food crops genetically engineered to produce biopharmaceuticals or chemicals that are not approved for human consumption. As of January 1, 2003, more than 300 field trials have been conducted in the United States. In nearly 70 percent of these tests, corn has been the crop used, but other crops tested include soybean, tobacco, rice, alfalfa, barley, rapeseed (canola), wheat, tomato, safflower, and sugercane. (3) Many of the novel substances produced in pharmaceutical crops and industrial crops exhibit high levels of biological activity and are intended to be used for particular medical or industrial purposes, under very controlled circumstances. None of these substances is intended to be incorporated in food or to be spread into the environment. (4) The magnitude of the risks posed by pharmaceutical crops and industrial crops depends on many factors, including the chemicals involved, the organisms or environments exposed, and the level and duration of the exposure. Humans, animals, and the environment at large could be at risk from contamination, a major concern of which is that bioactive nonfood substances, which have not been tested, will contaminate or otherwise adversely affect the food supply. Substances intended for use as human drugs are especially problematic because they are intended to be biologically active in people. (5) Pharmaceutical crops and industrial crops also pose substantial liability and other economic risks to farmers, grain handlers, food companies, and other persons in the food and feed supply chain. These risks include liability for contamination episodes, costly food recalls, losses in export markets, reduced prices for a contaminated food or feed crop, and loss of confidence in the safety of the American food supply among foreign importers and consumers of American agricultural commodities. (6) These risks necessitate a zero tolerance standard for the presence of pharmaceutical crops and industrial crops and their byproducts in crops used to produce human food or animal feed. (7) While there presently exists a pro forma zero tolerance standard, the Department of Agriculture and experts in the field acknowledge that contamination of human food and animal feed is inevitable due to the inherent imprecision of biological and agricultural systems, as well as the laxity of the regulatory regime. This is illustrated, for example, in the Department of Agriculture's regulations, which aim not for prevention (recognized as unattainable), but rather mitigation of the gene flow that results in contamination of food/feed crops with these substances. Some experts in the field are calling for establishment of tolerances, despite the potential risks involved. (8) Therefore, appropriate regulatory controls, as established by this Act, are urgently needed to ensure that pharmaceutical crops and industrial crops and their byproducts do not enter human food or animal feed crops at any level. SEC. 3. DEFINITIONS. In this Act: (1) The term ``genetically engineered plant'' means a plant that contains a genetically engineered material or was produced from a genetically engineered seed. A plant shall be considered to contain a genetically engineered material if the plant has been injected or otherwise treated with a genetically engineered material (except that the use of manure as a fertilizer for the plant may not be construed to mean that the plant is produced with a genetically engineered material). (2) The term ``genetically engineered material'' means material that has been altered at the molecular or cellular level by means that are not possible under natural conditions or processes (including recombinant DNA and RNA techniques, cell fusion, microencapsulation, macroencapsulation, gene deletion and doubling, introducing a foreign gene, and changing the positions of genes), other than a means consisting exclusively of breeding, conjugation, fermentation, hybridization, in vitro fertilization, tissue culture, or mutagenesis. (3) The term ``genetically engineered seed'' means a seed that contains a genetically engineered material or was produced with a genetically engineered material. A seed shall be considered to contain a genetically engineered material or to have been produced with a genetically engineered material if the seed (or the plant from which the seed is derived) has been injected or otherwise treated with a genetically engineered material (except that the use of manure as a fertilizer for the plant may not be construed to mean that any resulting seeds are produced with a genetically engineered material). (4) The term ``pharmaceutical crop'' means a genetically engineered plant that is designed to produce medical products, including human and veterinary drugs and biologics. The term includes a crop intentionally treated with genetically engineered material that, in turn, produces a medical substance. (5) The term ``industrial crop'' means a genetically engineered plant that is designed to produce industrial products, including industrial and research chemicals and enzymes. The term includes a crop intentionally treated with genetically engineered material that, in turn, produces an industrial substance. SEC. 4. REGULATION OF PRODUCTION OF PHARMACEUTICAL CROPS AND INDUSTRIAL CROPS. (a) Temporary Moratorium Pending Regulations.--No pharmaceutical crop or industrial crop may be grown, raised, or otherwise cultivated until the final regulations and tracking system required by this section are in effect. (b) Prohibition on Open-Air Cultivation.--No person may grow, raise or otherwise cultivate a pharmaceutical crop or industrial crop in an open air environment. (c) Prohibition on Use of Common Human Foods or Animal Feeds.--No person may grow, raise, or otherwise cultivate a pharmaceutical crop or industrial crop in a food commonly used for human food or domestic animal feed. (d) Biotech Tracking System.--The United States Department of Agriculture shall establish a tracking system to regulate the growing, handling, transportation, and disposal of all pharmaceutical and industrial crops and their byproducts to prevent contamination. (e) Regulations.--The Secretary of Agriculture shall issue regulations-- (1) to enforce the prohibitions imposed by subsections (b) and (c); (2) to designate the common foods whose use as a source of a pharmaceutical crop or industrial crop is prohibited by subsection (c); and (3) to establish the tracking system required by subsection (d). SEC. 5. CIVIL PENALTIES FOR VIOLATION. (a) Authority to Access Penalties.--The Secretary of Agriculture may assess, by written order, a civil penalty against a person that violates a provision of section 5, including a regulation promulgated or order issued under such section. Each violation, and each day during which a violation continues, shall be a separate offense. (b) Amount and Factors in Accessing Penalties.--The maximum amount that may be accessed under this section for a violation may not exceed $1,000,000. In determining the amount of the civil penalty, the Secretary shall take into account-- (1) the gravity of the violation; (2) the degree of culpability; (3) the size and type of the business; and (4) any history of prior offenses under such section or other laws administered by the Secretary. (c) Notice and Opportunity for Hearing.--The Secretary shall not assess a civil penalty under this section against a person unless the company is given notice and opportunity for a hearing on the record before the Secretary in accordance with sections 554 and 556 of title 5, United States Code. (d) Judicial Review.--(1) An order assessing a civil penalty against a person under subsection (a) may be reviewed only in accordance with this subsection. The order shall be final and conclusive unless the person-- (A) not later than 30 days after the effective date of the order, files a petition for judicial review in the United States court of appeals for the circuit in which the person resides or has its principal place of business or in the United States Court of Appeals for the District of Columbia; and (B) simultaneously sends a copy of the petition by certified mail to the Secretary. (2) The Secretary shall promptly file in the court a certified copy of the record on which the violation was found and the civil penalty assessed. (e) Collection Action for Failure to Pay Assessment.--If a person fails to pay a civil penalty after the order assessing the civil penalty has become final and unappealable, the Secretary shall refer the matter to the Attorney General, who shall bring a civil action to recover the amount of the civil penalty in United States district court. In the collection action, the validity and appropriateness of the order of the Secretary imposing the civil penalty shall not be subject to review. SEC. 6. REPORT TO CONGRESS ON ALTERNATIVE METHODS TO PRODUCE PHARMACEUTICAL AND INDUSTRIAL CROPS. The National Academy of Sciences shall submit to Congress a report that explores alternative methods to produce pharmaceuticals or industrial chemicals that have the advantage of being conducted in controlled production facilities and do not present the risk of contamination.

Genetically Engineered Pharmaceutical and Industrial Crop Safety Act of 2003 - Prohibits: (1) a pharmaceutical crop or industrial crop to be grown, raised, or otherwise cultivated until the final regulations and tracking system required by this Act are in effect; and (2) cultivation of a pharmaceutical crop or industrial crop in an open air environment, or in a food commonly used for human food or domestic animal feed. Directs: (1) the United States Department of Agriculture to establish a tracking system to regulate the growing, handling, transportation, and disposal of all pharmaceutical and industrial crops and their byproducts to prevent contamination; and (2) the Secretary of Agriculture to issue related regulations. Authorizes the Secretary to assess civil penalties for violations of such provisions. Directs the National Academy of Sciences to report on alternative methods to produce pharmaceuticals or industrial chemicals that may be conducted in controlled production facilities without the risk of contamination. Defines: (1) genetically engineered plant; (2) genetically engineered material; (3) genetically engineered seed; (4) pharmaceutical crop; and (5) industrial crop.

To prohibit the open-air cultivation of genetically engineered pharmaceutical and industrial crops, to prohibit the use of common human food or animal feed as the host plant for a genetically engineered pharmaceutical or industrial chemical, to establish a tracking system to regulate the growing, handling, transportation, and disposal of pharmaceutical and industrial crops and their byproducts to prevent human, animal, and general environmental exposure to genetically engineered pharmaceutical and industrial crops and their byproducts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Patient Access and Effective Drug Enforcement Act of 2014''. SEC. 2. REGISTRATION PROCESS UNDER CONTROLLED SUBSTANCES ACT. (a) Definitions.-- (1) Factors as may be relevant to and consistent with the public health and safety.--Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following: ``(i) In this section, the phrase `factors as may be relevant to and consistent with the public health and safety' means factors that are relevant to and consistent with the findings contained in section 101.''. (2) Imminent danger to the public health or safety.-- Section 304(d) of the Controlled Substances Act (21 U.S.C. 824(d)) is amended-- (A) by striking ``(d) The Attorney General'' and inserting ``(d)(1) The Attorney General''; and (B) by adding at the end the following: ``(2) In this subsection, the phrase `imminent danger to the public health or safety' means that, in the absence of an immediate suspension order, controlled substances-- ``(A) will continue to be intentionally distributed or dispensed-- ``(i) outside the usual course of professional practice; or ``(ii) in a manner that poses a present or foreseeable risk of serious adverse health consequences or death; or ``(B) will continue to be intentionally diverted outside of legitimate distribution channels.''. (b) Opportunity To Submit Corrective Action Plan Prior to Revocation or Suspension.--Subsection (c) of section 304 of the Controlled Substances Act (21 U.S.C. 824) is amended-- (1) by striking the last two sentences in such subsection; (2) by striking ``(c) Before'' and inserting ``(c)(1) Before''; and (3) by adding at the end the following: ``(2) An order to show cause under paragraph (1) shall-- ``(A) contain a statement of the basis for the denial, revocation, or suspension, including specific citations to any laws or regulations alleged to be violated by the applicant or registrant; ``(B) direct the applicant or registrant to appear before the Attorney General at a time and place stated in the order, but no less than thirty days after the date of receipt of the order; and ``(C) notify the applicant or registrant of the opportunity to submit a corrective action plan on or before the date of appearance. ``(3) Upon review of any corrective action plan submitted by an applicant or registrant pursuant to paragraph (2), the Attorney General shall determine whether denial, revocation or suspension proceedings should be discontinued, or deferred for the purposes of modification, amendment, or clarification to such plan. ``(4) Proceedings to deny, revoke, or suspend shall be conducted pursuant to this section in accordance with subchapter II of chapter 5 of title 5. Such proceedings shall be independent of, and not in lieu of, criminal prosecutions or other proceedings under this title or any other law of the United States. ``(5) The requirements of this subsection shall not apply to the issuance of an immediate suspension order under subsection (d).''. SEC. 3. REPORT TO CONGRESS ON EFFECTS OF LAW ENFORCEMENT ACTIVITIES ON PATIENT ACCESS TO MEDICATIONS. (a) In General.--Not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs and the Director of the Centers for Disease Control and Prevention, and in consultation with the Administrator of the Drug Enforcement Administration and the Director of National Drug Control Policy, shall submit a report to the Committees on the Judiciary of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, the Committee on the Judiciary of the Senate, and the Committee on Health, Education, Labor and Pensions of the Senate identifying-- (1) obstacles to legitimate patient access to controlled substances; (2) issues with diversion of controlled substances; and (3) how collaboration between Federal, State, local, and tribal law enforcement agencies and the pharmaceutical industry can benefit patients and prevent diversion and abuse of controlled substances. (b) Consultation.--The report under subsection (a) shall incorporate feedback and recommendations from the following: (1) Patient groups. (2) Pharmacies. (3) Drug manufacturers. (4) Common or contract carriers and warehousemen. (5) Hospitals, physicians, and other health care providers. (6) State attorneys general. (7) Federal, State, local, and tribal law enforcement agencies. (8) Health insurance providers and entities that provide pharmacy benefit management services on behalf of a health insurance provider. (9) Wholesale drug distributors. Passed the House of Representatives July 29, 2014. Attest: KAREN L. HAAS, Clerk.

Ensuring Patient Access and Effective Drug Enforcement Act of 2014 - Amends the Controlled Substances Act to define: (1) "factors as may be relevant to and consistent with the public health and safety," for purposes of the Attorney General's determination of whether registering an applicant to manufacture or distribute a controlled substance in schedule I or II is in the public interest, as factors that are relevant to and consistent with the findings of such Act; and (2) "imminent danger to the public health or safety," for purposes of the suspension of such a registration, to mean that in the absence of an immediate suspension order, controlled substances will continue to be intentionally diverted outside of legitimate distribution channels or distributed or dispensed outside the usual course of professional practices or in a manner that poses a present or foreseeable risk of serious adverse health consequences or death. Requires an order to show cause as to why such a registration should not be denied, revoked, or suspended to: (1) contain a statement of the basis for the denial, revocation, or suspension, including specific citations to any laws or regulations alleged to be violated; (2) direct the applicant or registrant to appear before the Attorney General at a specific place and time within 30 days after receipt of the order; and (3) notify the applicant or registrant of the opportunity to submit a corrective action plan on or before such appearance. Requires the Attorney General, upon review of any such plan, to determine whether denial, revocation, or suspension proceedings should be discontinued or deferred for purposes of modifications to such plan. Makes such requirements inapplicable to the issuance of an immediate suspension order. Directs the Secretary of Health and Human Services (HHS), acting through the Commissioner of Food and Drugs (FDA) and the Director of the Centers for Disease Control and Prevention (CDC), to submit a report identifying: (1) obstacles to legitimate patient access to controlled substances; (2) issues with diversion of controlled substances; and (3) how collaboration between federal, state, local, and tribal law enforcement agencies and the pharmaceutical industry can benefit patients and prevent diversion and abuse of controlled substances.

Ensuring Patient Access and Effective Drug Enforcement Act of 2014

SECTION 1. TAX CREDIT FOR HIRING LONG-TERM UNEMPLOYED DEFENSE AND SHIPBUILDING INDUSTRY WORKERS. (a) Allowance of Credit.--Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 (defining members of targeted groups) is amended by striking ``or'' at the end of subparagraph (I), by striking the period at the end of subparagraph (J) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(K) a long-term unemployed defense or shipbuilding industry worker.'' (b) Long-Term Unemployed Defense or Shipbuilding Industry Worker.-- Section 51(d) of such Code is amended by adding at the end thereof the following new paragraph: ``(17) Long-term unemployed defense or shipbuilding industry worker.-- ``(A) In general.--The term `long-term unemployed defense or shipbuilding industry worker' means an individual certified by the designated local agency as having been employed in the defense or shipbuilding industry and-- ``(i) who has been receiving unemployment compensation at all times during the 6-month period ending with the last day of the month preceding the hiring date, or ``(ii) who-- ``(I) was receiving unemployment compensation but exhausted all rights to such compensation, and ``(II) has remained unemployed during the period beginning on the date such rights were exhausted and ending on the day before the hiring date. ``(B) Employment in defense or shipbuilding industry.--For purposes of subparagraph (A), an individual shall be treated as employed-- ``(i) in the defense industry if such individual's services were performed pursuant to any defense contract (as defined in section 48(c)(4)), and ``(ii) in the shipbuilding industry if such individual's services were performed pursuant to any contract for the construction or reconstruction of any ship or any subcontract in connection with such construction or reconstruction. ``(C) Unemployment compensation.--For purposes of this paragraph, the term `unemployment compensation' has the meaning given such term by section 85(b).'' (c) Certain Individuals Not Eligible.--Section 51(i) of such Code (relating to certain individuals ineligible) is amended by adding at the end the following new paragraph: ``(4) Special rules for long-term unemployed defense and shipbuilding industry workers.--No wages shall be taken into account under subsection (a) with respect to any long-term unemployed defense or shipbuilding industry worker (as defined in subsection (d)(17)) unless-- ``(A) notwithstanding paragraph (3), the individual is employed by the employer at least 120 days, and ``(B) the employer certifies on the return of tax for the taxable year for which credit is claimed that-- ``(i) the individual was hired after the employer took reasonable actions to specifically recruit long-term unemployed defense or shipbuilding industry workers, and ``(ii) the individual was not hired to replace an employee who was involuntarily separated from employment by the employer without cause.'' (d) Credit for Hiring Long-Term Unemployed Defense or Shipbuilding Industry Workers Made Permanent.--Paragraph (4) of section 51(c) of such Code is amended by adding at the end thereof the following new sentence: ``The preceding sentence shall not apply to wages paid or incurred to any long-term unemployed defense or shipbuilding industry worker (as defined in subsection (d)(17)).'' (e) Effective Date.--The amendments made by this section shall apply to individuals hired on and after the date of the enactment of this Act. SEC. 2. TECHNOLOGY TRANSFER TAX CREDIT. (a) Allowance of Credit.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(4) in the case of an eligible taxpayer (as defined in section 48(c)), the nondefense production and manufacturing equipment credit.'' (b) Amount of Credit.--Section 48 of such Code is amended by adding at the end thereof the following new subsection: ``(c) Nondefense Production and Manufacturing Equipment Credit.-- ``(1) In general.--For purposes of section 46, in the case of an eligible taxpayer, the nondefense production and manufacturing equipment credit for any taxable year is an amount equal to 10 percent of the qualified investment for such taxable year. ``(2) Qualified investment.-- ``(A) In general.--For purposes of paragraph (1), the qualified investment for any taxable year is the aggregate of-- ``(i) the applicable percentage of the basis of each new qualified nondefense production and manufacturing equipment property placed in service by the taxpayer during such taxable year, plus ``(ii) the applicable percentage of the cost of each used qualified nondefense production and manufacturing equipment property placed in service by the taxpayer during such taxable year. ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage for any property shall be determined under paragraphs (2) and (7) of section 46(c) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). ``(C) Certain rules made applicable.--The provisions of subsections (b) and (c) of section 48 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this paragraph. ``(3) Qualified nondefense production and manufacturing equipment property.--For purposes of this subsection, the term `qualified nondefense production and manufacturing equipment property' means any property-- ``(A) which is used as an integral part of the manufacture or production of nondefense tangible personal property, ``(B) which is tangible property to which section 168 applies, and ``(C) which is section 1245 property (as defined in section 1245(a)(3)). ``(4) Eligible taxpayer.-- ``(A) In general.--A taxpayer is an eligible taxpayer for purposes of this subsection if more than 50 percent of the gross revenues of such taxpayer for the taxable year are attributable to defense contracts. ``(B) Defense contract.--For purposes of this paragraph, the term `defense contract' means any contract or subcontract entered into between the taxpayer and a defense agency to provide material or defense related operations. ``(C) Defense agency.--For purposes of this paragraph, the term `defense agency' means the Department of Defense, the nuclear weapons division of the Department of Energy, the National Aeronautics and Space Administration, the Coast Guard, and any other agency of the Government to the extent such agency conducts military or other defense related operations. ``(5) Coordination with other credits.--This subsection shall not apply to any property to which the energy credit or rehabilitation credit would apply unless the taxpayer elects to waive the application of such credit to such property. ``(6) Certain progress expenditure rules made applicable.-- Rules similar to rules of subsection (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection.'' (c) Technical Amendments.-- (1) Clause (ii) of section 49(a)(1)(C) of such Code is amended by inserting ``or qualified nondefense production and manufacturing equipment property'' after ``energy property''. (2) Subparagraph (E) of section 50(a)(2) of such Code is amended by inserting ``or 48(c)(4)'' before the period at the end thereof. (3) Paragraph (5) of section 50(a) of such Code is amended by adding at the end thereof the following new subparagraph. ``(D) Special rules for certain property.--In the case of any qualified nondefense production and manufacturing equipment property which is 3-year property (within the meaning of section 168(e))-- ``(i) the percentage set forth in clause (ii) of the table contained in paragraph (1)(B) shall be 66 percent, ``(ii) the percentage set forth in clause (iii) of such table shall be 33 percent, and ``(iii) clauses (iv) and (v) of such table shall not apply.'' (4)(A) The section heading for section 48 of such Code is amended to read as follows: ``SEC. 48. OTHER CREDITS.'' (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48 and inserting the following: ``Sec. 48. Other credits.'' (d) Effective Date.--The amendments made by this section shall apply to periods after December 31, 1992, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).

Allows the use of the targeted jobs credit for hiring a long-term unemployed defense or shipbuilding industry worker. Describes such worker as an individual certified by the designated local agency as having been unemployed in such industry who: (1) has been receiving unemployment compensation at all times during the six-month period prior to the hiring date; or (2) has been receiving unemployment compensation but has exhausted all rights to such compensation and has remained unemployed beginning on the date such rights were exhausted and ending on the date before the hiring date. Requires the individual to be employed by the employer for at least 120 days and the employer to certify that: (1) the individual was hired after the employer took reasonable actions to specifically recruit such workers; and (2) the individual was not hired to replace an employee who was involuntarily separated from employment by the employer without cause. Makes such credit permanent law. Allows an investment tax credit for nondefense production and manufacturing equipment of ten percent of the aggregate bases of such properties placed in service during the taxable year.

To amend the Internal Revenue Code of 1986 to provide tax incentives to encourage the conversion of the defense industry to commercial endeavors, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Rape Kit Database Act''. SEC. 2. NATIONAL RAPE KIT DATABASE. (a) In General.--Not later than one year after the date of the enactment of this Act, the Attorney General shall establish a public database on information on rape kits collected by Federal, State, and local law enforcement agencies. (b) Participation and Required Information.-- (1) Participation.-- (A) In general.--Each database-participating entity shall, in accordance with the requirements described in subsection (c), include in the database under subsection (a) all applicable information described in paragraph (2) on rape kits collected or tested by such entity. (B) Database-participating entity defined.--For purposes of this section, the term ``database- participating entity'' means-- (i) a Federal law enforcement agency; and (ii) for purposes of establishing compliance under subsection (d)-- (I) a State law enforcement agency; (II) a local law enforcement agency; and (III) a State or local laboratory owned by a State or unit of local government. (2) Required information.--Information described in this paragraph, with respect to a rape kit, includes-- (A) in the case of a database-participating entity that is a law enforcement entity-- (i) the date of the action constituting the basis for the collection of the rape kit; (ii) the city (or other appropriate geographic location) where such action occurred; (iii) the date of the entry into the database; (iv) the date evidence contained in the rape kit was collected; (v) the entity (including a law enforcement agency, laboratory, or other entity) that has possession of the rape kit; (vi) the processing status of the rape kit; and (vii) in the case of a backlogged case, whether the statute of limitations has expired; and (B) with respect to a database-participating entity that is a laboratory, updates on the processing status of the rape kit. (c) Required Terms for Inclusion of Information.--The requirements described in this paragraph, with respect to information included in the database under subsection (a) by a database-participating entity, are the following: (1) Limitation on scope of information.--No personally identifiable information (such as the name of the victim involved and the address and other contact information of such victim) shall be included in the database. (2) Unique id number and timing for inclusion of information.-- (A) In general.--Subject to paragraph (3) and subparagraph (B)-- (i) not later than 72 hours after the time at which a rape kit is first processed as evidence-- (I) a unique identification number shall be assigned to such rape kit; and (II) the database-participating entity in possession of the rape kit shall include in the database information on such rape kit described in subsection (b)(2) in a manner that identifies such information by such identification number; and (ii) not later than 72 hours after testing the rape kit, the database-participating entity conducting such testing shall update within the database the processing status of such rape kit. Any information related to such rape kit that is included in such database shall be identifiable within such database by such unique identification number. (B) Rape kits collected before establishment of database.--Subject to paragraph (3), in the case of a rape kit collected before the date of establishment of the database, a database-participating entity shall not be required to include in such database information on (or have a unique identification number assigned with respect to) such rape kit before such date that is 1 year after the date of the enactment of this Act. (3) Rape kits not included (or to follow a delayed inclusion) in registry.--With respect to a rape kit collected or tested by a database-participating entity, the following shall apply: (A) In the case that the rape kit relates to a case that the entity determines to be unfounded, or to a case in which the victim withdraws the victim's report-- (i) if such determination or withdrawal occurs-- (I) before the 72-hour deadline described in paragraph (2)(A)(i) (or has not otherwise been included in the database), information on such rape kit shall not be included in the database; or (II) after information on such rape kit has been entered into the database, such information shall be identified as inactive; and (ii) the entity shall include within the database the total number of such rape kits that were not so included in the database and identified as inactive. (B) In the case that the rape kit is collected from a victim who has not made to the law enforcement agency involved a police report on the action constituting the basis for the collection of the rape kit, the law enforcement agency shall not include information on such rape kit in the database until the date on which the victim makes such a report or, if sooner and allowed under applicable State law, until the date on which the agency commences an investigation related to such rape kit without such a victim report. (4) Method of inclusion of information.--The database- participating entity shall include information in the database through a secure Internet Web site. (d) Compliance.-- (1) Funding under debbie smith and byrne grant programs contingent on compliance.--For any fiscal year beginning after the date of the establishment of the database under subsection (a), a State or unit of local government shall not be eligible for Federal funding under section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135) or under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 unless such State or unit is in compliance with this section with respect to such fiscal year. (2) Determination of compliance.-- (A) In general.--A State or unit of local government is in compliance with this section with respect to a fiscal year if the State or unit provides to the Attorney General a certification described in subparagraph (B) for such fiscal year. (B) Certification.--A certification described in this subparagraph for a fiscal year is-- (i) in the case of a State, a certification that for such fiscal year-- (I) at least 75 percent of the State law enforcement agencies; (II) at least 75 percent of the local law enforcement agencies within the State; (III) 100 percent of the State laboratories owned by the State; and (IV) 100 percent of the local laboratories owned by units of local government within the State, included information, in accordance with this section, in the database under subsection (a) for substantially all rape kits collected or tested by such agency or laboratory; and (ii) in the case of a unit of local government, a certification that for such fiscal year the local law enforcement agency of the unit and the local laboratory owned by the unit, as applicable, included information, in accordance with this section, in the database under subsection (a) for substantially all rape kits collected or tested by such agency or laboratory. (e) Public Access.--The database established under subsection (a) shall be made available to the public and shall be made available in a manner that allows the comparison of information and processing of such information to generate trends. (f) Technical Assistance.--The Attorney General shall provide for-- (1) assistance to database-participating entities that do not have access to the Internet in order to enable such entities to participate under this section; and (2) a helpdesk and technical assistance for database- participating entities to participate under this section. (g) Authorization of Appropriations.--There is authorized to be appropriated such sums as are necessary for each of fiscal years 2011 through 2016 to carry out this section. (h) Definitions.--For purposes of this section: (1) Rape kit.--The term ``rape kit'' means a sexual assault forensics evidence collection kit. (2) State.--The term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (i) Conforming Amendments.-- (1) Conditioning receipt of debbie smith dna backlog grant program funds on participation in national rape kit database.-- Section 2(b) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135(b)) is amended-- (A) in paragraph (6), by striking ``and'' at the end; (B) in paragraph (7), by striking the period at the end and inserting ``; and'' ; and (C) by adding at the end the following: ``(8) for grants for fiscal years beginning after the date of the establishment of the database established under subsection (a) of section 2 of the National Rape Kit Database Act, specify that the State or unit of local government is in compliance with such section, as determined under subsection (d)(2) of such section.''. (2) Conditioning receipt of edward byrne memorial justice assistance grant program funds on participation in national rape kit database.--Section 502 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3752) is amended by adding at the end the following new paragraph: ``(6) For grants for fiscal years beginning after the date of the establishment of the database established under subsection (a) of section 2 of the National Rape Kit Database Act, a certification under subsection (d)(2) of such section that the State or unit of local government is in compliance with such section.''.

National Rape Kit Database Act - Requires the Attorney General to: (1) establish a publicly available database on information on rape kits collected by federal, state, and local law enforcement agencies; and (2) provide technical assistance to such agencies to enable participation in the database. Defines "rape kit" to mean a sexual assault forensics evidence collection kit. Requires certain information to be included in such database by law enforcement agencies and laboratories with respect to a rape kit, including: (1) the date of the action constituting the basis for the collection of the rape kit; (2) the city or locality where such action occurred; (3) the date of the entry into the database; (4) the entity that has possession of the rape kit; and (5) the processing status of the rape kit and whether the statute of limitations has expired (for a backlogged case). Prohibits the disclosure in a rape kit of the personally identifiable information of a sexual assault victim (e.g., name, address, or contact information). Denies grant funds under the DNA Analysis Backlog Elimination Act of 2000 and the Edward Byrne Memorial Justice Assistance Grant Program to states that fail to comply with the requirements of this Act.

To establish a National Rape Kit Database.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Biogas Production Incentive Act of 2008''. SEC. 2. CREDIT FOR PRODUCTION OF BIOGAS FROM CERTAIN RENEWABLE FEEDSTOCK. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 45P the following new section: ``SEC. 45Q. BIOGAS PRODUCED FROM CERTAIN RENEWABLE FEEDSTOCK. ``(a) Amount of Credit.--For purposes of section 38, the qualified biogas production credit for any taxable year is an amount equal to the product of-- ``(1) $4.27, and ``(2) each million British thermal units (mmBtu) of biogas-- ``(A) produced by the taxpayer-- ``(i) from qualified energy feedstock, and ``(ii) at a qualified facility during the 7-year period beginning on the date the facility was originally placed in service, and ``(B)(i) sold by the taxpayer to an unrelated person during the taxable year, or ``(ii) used by the taxpayer as a fuel during the taxable year. ``(b) Definitions.--For purposes of this section-- ``(1) Biogas.--The term `biogas' means a gas which-- ``(A) is derived by processing a qualified energy feedstock, and ``(B) contains-- ``(i) at least 60 percent methane, and ``(ii) carbon dioxide and trace gases. ``(2) Qualified energy feedstock.-- ``(A) In general.--The term `qualified energy feedstock' means-- ``(i) manure of livestock (including any litter, wood shavings, straw, rice hulls, bedding material, and other materials incidentally collected with the manure), ``(ii) any nonhazardous, organic agricultural or food industry byproduct or waste material (cellulosic or otherwise) derived from-- ``(I) renewable biomass, ``(II) harvesting residue, ``(III) any waste or byproduct from fermentation processes, ethanol production, biodiesel production, slaughter of livestock, food production, food processing, or food service, or ``(IV) other organic wastes, byproducts, or sources, ``(iii) solid wood waste materials, including waste pallets, crates, dunnage, manufacturing and construction wood wastes, and tree trimmings, ``(iv) agricultural or forestry crops, or ``(v) landfill waste, sewage waste treatment materials, or other decaying organic materials. ``(B) Renewable biomass.--The term `renewable biomass' means materials from pre-commercial thinning or invasive species from National Forest System land and public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) that-- ``(i) are byproducts of preventive treatments that are removed-- ``(I) to reduce or contain disease or insect infestation, or ``(II) to restore ecosystem health, ``(ii) would not otherwise be used for higher-value products, and ``(iii) are harvested in accordance with applicable law and land management plans and the requirements for-- ``(I) old-growth maintenance, restoration, and management direction of paragraphs (2), (3), and (4) of subsection (e) of section 102 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6512), and ``(II) large tree retention of subsection (f) of that section, or ``(iv) any organic matter that is available on a renewable or recurring basis from non- Federal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including-- ``(I) renewable plant material (such as feed grains, other agricultural commodities, other plants and trees, and algae), and ``(II) waste material (such as crop residue, other vegetative waste material (including wood waste and wood residues), animal waste and byproducts (including fats, oils, greases, and manure), food waste, and yard waste). ``(C) Livestock.--The term `livestock' includes poultry, cattle, sheep, swine, goats, horses, mules, and other equines. ``(3) Qualified facility.--The term `qualified facility' means a facility that-- ``(A) uses anaerobic digesters or other biological, chemical, or thermal processes to convert qualified energy feedstock into biogas, ``(B) is owned by the taxpayer, ``(C) is located in the United States, ``(D) is originally placed in service after the date of the enactment of this section and before January 1, 2018, and ``(E) the biogas output of which is-- ``(i) marketed through interconnection with a gas distribution or transmission pipeline, ``(ii) marketed as a gaseous or liquid fuel such as hydrogen or natural gas and then used as a fuel, or ``(iii) reasonably expected to be used in a quantity sufficient to offset the consumption of at least 5,000 mmBtu annually of commercially-marketed fuel derived from coal, crude oil, natural gas, propane, or other fossil fuel. ``(c) Special Rules.--For purposes of this section-- ``(1) Increased credit for qualified cellulosic energy feedstock.-- ``(A) In general.--In the case of biogas is produced from qualified cellulosic energy feedstock, subsection (a) shall be applied by substituting the dollar amount in effect for the taxable year under subsection (a)(1) with an amount equal to 125 percent of such dollar amount. ``(B) Qualified cellulosic energy feedstock.--For purposes of subparagraph (A), the term `qualified cellulosic energy feedstock' means an qualified energy feedstock that is composed of any lignocellulosic or hemicellulosic matter. ``(2) Production attributable to the taxpayer.--In the case of a facility in which more than 1 person has an ownership interest, except to the extent provided in regulations prescribed by the Secretary, production from the qualified facility shall be allocated among such persons in proportion to their respective ownership interests in the gross sales from such qualified facility. ``(3) Related persons.--Persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b). In the case of a corporation which is a member of an affiliated group of corporations filing a consolidated return, such corporation shall be treated as selling biogas to an unrelated person if such biogas is sold to such a person by another member of such group. ``(4) Pass-thru in the case of estates and trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(5) Coordination with credit from producing fuel from a nonconventional source.--The amount of biogas produced and sold or used by the taxpayer during any taxable year which is taken into account under this section shall be reduced by the amount of biogas produced and sold by the taxpayer in such taxable year which is taken into account under section 45K. ``(6) Coordination with credit from producing electricity from renewable resources.--The amount of biogas produced and sold or used by the taxpayer during any taxable year which is taken into account under this section shall be reduced by the amount of biogas produced and sold by the taxpayer in such taxable year which is taken into account under section 45. ``(7) Credit eligibility in the case of government-owned facilities.--In the case of any facility producing biogas and that is owned by a governmental unit, subparagraph (B) of subsection (b)(3) shall be applied by substituting `is leased or operated by the taxpayer' for `is owned by the taxpayer'. ``(d) Transferability of Credit.-- ``(1) In general.--A taxpayer may transfer the credit under this section through an assignment to any person. Such transfer may be revoked only with the consent of the Secretary. ``(2) Regulations.--The Secretary shall prescribe such regulations as necessary to ensure that any credit transferred under paragraph (1) is claimed once and not reassigned by such other person. ``(e) Adjustment Based on Inflation.-- ``(1) In general.--The dollar amount under subsection (a)(1) shall be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale occurs. If any amount as increased under the preceding sentence is not a multiple of 1 cent, such amount shall be rounded to the nearest multiple of 1 cent. ``(2) Computation of inflation adjustment factor.-- ``(A) In general.--The Secretary shall, not later than April 1 of each calendar year, determine and publish in the Federal Register the inflation adjustment factor in accordance with this paragraph. ``(B) Inflation adjustment factor.--The term `inflation adjustment factor' means, with respect to a calendar year, a fraction the numerator of which is the GDP implicit price deflator for the preceding calendar year and the denominator of which is the GDP implicit price deflator for calendar year 2007. The term `GDP implicit price deflator' means the most recent revision of the implicit price deflator for the gross domestic product as computed and published by the Department of Commerce before March 15 of the calendar year.''. (b) Credit Treated as Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the qualified biogas production credit under section 45Q(a).''. (c) Credit Allowed Against AMT.--Section 38(c)(4)(B) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ``, and'', and by adding at the end the following new clause: ``(v) the credit determined under section 45Q.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45Q. Biogas produced from certain renewable feedstock.''. (e) Effective Date.--The amendments made by this section shall apply to biogas produced and sold (or used) in taxable years beginning after the date of the enactment of this Act.

Biogas Production Incentive Act of 2008 - Amends the Internal Revenue Code to allow a business tax credit for the production and sale of biogas. Defines "biogas" as a gas that is derived by processing qualified energy feedstock (i.e., manure of agricultural livestock and other organic agricultural or food industry byproduct waste material) in an anaerobic digester and that contains at least 60% methane and carbon dioxide and trace gases. Provides an increased credit for biogas produced from qualified cellulosic energy feedstock.

To promote biogas production, and for other purposes.

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Government Management Reform Act of 1994''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. TITLE I--LIMITATION ON PAY Sec. 101. Limitation on certain annual pay adjustments. TITLE II--HUMAN RESOURCE MANAGEMENT Sec. 201. SES annual leave accumulation. TITLE III--STREAMLINING MANAGEMENT CONTROL Sec. 301. Authority to increase efficiency in reporting to Congress. TITLE IV--FINANCIAL MANAGEMENT Sec. 401. Short title. Sec. 402. Electronic payments. Sec. 403. Franchise fund pilot programs. Sec. 404. Simplification of management reporting process. Sec. 405. Annual financial reports. TITLE I--LIMITATION ON PAY SEC. 101. LIMITATION ON CERTAIN ANNUAL PAY ADJUSTMENTS. Effective as of December 31, 1994-- (1) section 601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)) is amended-- (A) by striking out ``(2) Effective'' and inserting in lieu thereof ``(2)(A) Subject to subparagraph (B), effective''; and (B) by adding at the end thereof the following: ``(B) In no event shall the percentage adjustment taking effect under subparagraph (A) in any calendar year (before rounding), in any rate of pay, exceed the percentage adjustment taking effect in such calendar year under section 5303 of title 5, United States Code, in the rates of pay under the General Schedule.''; (2) section 104 of title 3, United States Code, is amended-- (A) in the first sentence by inserting ``(a)'' before ``The''; (B) in the second sentence by striking out ``Effective'' and inserting in lieu thereof ``Subject to subsection (b), effective''; and (C) by adding at the end thereof the following: ``(b) In no event shall the percentage adjustment taking effect under the second and third sentences of subsection (a) in any calendar year (before rounding) exceed the percentage adjustment taking effect in such calendar year under section 5303 of title 5 in the rates of pay under the General Schedule.''; (3) section 5318 of title 5, United States Code, is amended-- (A) in the first sentence by striking out ``Effective'' and inserting in lieu thereof ``(a) Subject to subsection (b), effective''; and (B) by adding at the end thereof the following: ``(b) In no event shall the percentage adjustment taking effect under subsection (a) in any calendar year (before rounding), in any rate of pay, exceed the percentage adjustment taking effect in such calendar year under section 5303 in the rates of pay under the General Schedule.''; and (4) section 461(a) of title 28, United States Code, is amended-- (A) by striking out ``(a) Effective'' and inserting in lieu thereof ``(a)(1) Subject to paragraph (2), effective''; and (B) by adding at the end thereof the following: ``(2) In no event shall the percentage adjustment taking effect under paragraph (1) in any calendar year (before rounding), in any salary rate, exceed the percentage adjustment taking effect in such calendar year under section 5303 of title 5 in the rates of pay under the General Schedule.''. TITLE II--HUMAN RESOURCE MANAGEMENT SEC. 201. SES ANNUAL LEAVE ACCUMULATION. (a) In General.--Effective on the first day of the first applicable pay period beginning after the date of the enactment of this Act, subsection (f) of section 6304 of title 5, United States Code, is amended to read as follows: ``(f)(1) This subsection applies with respect to annual leave accrued by an individual while serving in a position in-- ``(A) the Senior Executive Service; ``(B) the Senior Foreign Service; ``(C) the Defense Intelligence Senior Executive Service; ``(D) the Senior Cryptologic Executive Service; or ``(E) the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service. ``(2) For purposes of applying any limitation on accumulation under this section with respect to any annual leave described in paragraph (1)-- ``(A) `30 days' in subsection (a) shall be deemed to read `90 days'; and ``(B) `45 days' in subsection (b) shall be deemed to read `90 days'.''. (b) Use of Excess Leave.--Notwithstanding the amendment made by subsection (a), in the case of an employee who, on the effective date of subsection (a), is subject to subsection (f) of section 6304 of title 5, United States Code, and who has to such employee's credit annual leave in excess of the maximum accumulation otherwise permitted by subsection (a) or (b) of section 6304 (determined applying the amendment made by subsection (a)), such excess annual leave shall remain to the credit of the employee and be subject to reduction, in the same manner as provided in subsection (c) of section 6304. TITLE III--STREAMLINING MANAGEMENT CONTROL SEC. 301. AUTHORITY TO INCREASE EFFICIENCY IN REPORTING TO CONGRESS. (a) Purpose.--The purpose of this title is to improve the efficiency of executive branch performance in implementing statutory requirements for reports to Congress and committees of Congress such as the elimination or consolidation of duplicative or obsolete reporting requirements and adjustments to deadlines that shall provide for more efficient workload distribution or improve the quality of reports. (b) Authority of the Director.--The Director of the Office of Management and Budget may publish annually in the budget submitted by the President to the Congress, recommendations for consolidation, elimination, or adjustments in frequency and due dates of statutorily required periodic reports to the Congress or committees of Congress. For each recommendation, the Director shall provide an individualized statement of the reasons that support the recommendation. In addition, for each report for which a recommendation is made, the Director shall state with specificity the exact consolidation, elimination, or adjustment in frequency or due date that is recommended. (c) Recommendations.--The Director's recommendations shall be consistent with the purpose stated in subsection (a). (d) Consultation.--Before the publication of the recommendations under subsection (b), the Director or his designee shall consult with the appropriate congressional committees concerning the recommendations. TITLE IV--FINANCIAL MANAGEMENT SEC. 401. SHORT TITLE. This title may be cited as the ``Federal Financial Management Act of 1994''. SEC. 402. ELECTRONIC PAYMENTS. (a) In General.--Section 3332 of title 31, United States Code, is amended to read as follows: ``Sec. 3332. Required direct deposit ``(a)(1) Notwithstanding any other provision of law, all Federal wage, salary, and retirement payments shall be paid to recipients of such payments by electronic funds transfer, unless another method has been determined by the Secretary of the Treasury to be appropriate. ``(2) Each recipient of Federal wage, salary, or retirement payments shall designate one or more financial institutions or other authorized payment agents and provide the payment certifying or authorizing agency information necessary for the recipient to receive electronic funds transfer payments through each institution so designated. ``(b)(1) The head of each agency shall waive the requirements of subsection (a) of this section for a recipient of Federal wage, salary, or retirement payments authorized or certified by the agency upon written request by such recipient. ``(2) Federal wage, salary, or retirement payments shall be paid to any recipient granted a waiver under paragraph (1) of this subsection by any method determined appropriate by the Secretary of the Treasury. ``(c)(1) The Secretary of the Treasury may waive the requirements of subsection (a) of this section for any group of recipients upon request by the head of an agency under standards prescribed by the Secretary of the Treasury. ``(2) Federal wage, salary, or retirement payments shall be paid to any member of a group granted a waiver under paragraph (1) of this subsection by any method determined appropriate by the Secretary of the Treasury. ``(d) This section shall apply only to recipients of Federal wage or salary payments who begin to receive such payments on or after January 1, 1995, and recipients of Federal retirement payments who begin to receive such payments on or after January 1, 1995. ``(e) The crediting of the amount of a payment to the appropriate account on the books of a financial institution or other authorized payment agent designated by a payment recipient under this section shall constitute a full acquittance to the United States for the amount of the payment.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 33 of title 31, United States Code, is amended by amending the item for section 3332 to read: ``3332. Required direct deposit.''. SEC. 403. FRANCHISE FUND PILOT PROGRAMS. (a) Establishment.--There is authorized to be established on a pilot program basis in each of six executive agencies a franchise fund. The Director of the Office of Management and Budget, after consultation with the chairman and ranking members of the Committees on Appropriations and Governmental Affairs of the Senate, and the Committees on Appropriations and Government Operations of the House of Representatives, shall designate the agencies. (b) Uses.--Each such fund may provide, consistent with guidelines established by the Director of the Office of Management and Budget, such common administrative support services to the agency and to other agencies as the head of such agency, with the concurrence of the Director, determines can be provided more efficiently through such a fund than by other means. To provide such services, each such fund is authorized to acquire the capital equipment, automated data processing systems, and financial management and management information systems needed. Services shall be provided by such funds on a competitive basis. (c) Funding.--(1) There are authorized to be appropriated to the franchise fund of each agency designated under subsection (a) such funds as are necessary to carry out the purposes of the fund, to remain available until expended. To the extent that unexpended balances remain available in other accounts for the purposes to be carried out by the fund, the head of the agency may transfer such balances to the fund. (2) Fees for services shall be established by the head of the agency at a level to cover the total estimated costs of providing such services. Such fees shall be deposited in the agency's fund to remain available until expended, and may be used to carry out the purposes of the fund. (3) Existing inventories, including inventories on order, equipment, and other assets or liabilities pertaining to the purposes of the fund may be transferred to the fund. (d) Report on Pilot Programs.--Within 6 months after the end of fiscal year 1997, the Director of the Office of Management and Budget shall forward a report on the results of the pilot programs to the Committees on Appropriations of the Senate and of the House of Representatives, and to the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House of Representatives. The report shall contain the financial and program performance results of the pilot programs, including recommendations for-- (1) the structure of the fund; (2) the composition of the funding mechanism; (3) the capacity of the fund to promote competition; and (4) the desirability of extending the application and implementation of franchise funds to other Federal agencies. (e) Procurement.--Nothing in this section shall be construed as relieving any agency of any duty under applicable procurement laws. (f) Termination.--The provisions of this section shall expire on October 1, 1999. SEC. 404. SIMPLIFICATION OF MANAGEMENT REPORTING PROCESS. (a) In General.--To improve the efficiency of executive branch performance in implementing statutory requirements for financial management reporting to the Congress and its committees, the Director of the Office of Management and Budget may adjust the frequency and due dates of or consolidate any statutorily required reports of agencies to the Office of Management and Budget or the President and of agencies or the Office of Management and Budget to the Congress under any laws for which the Office of Management and Budget has financial management responsibility, including-- (1) chapters 5, 9, 11, 33, 35, 37, 39, 75, and 91 of title 31, United States Code; (2) the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note; Public Law 101-410; 104 Stat. 890). (b) Application.--The authority provided in subsection (a) shall apply only to reports of agencies to the Office of Management and Budget or the President and of agencies or the Office of Management and Budget to the Congress required by statute to be submitted between January 1, 1995, and September 30, 1997. (c) Adjustments in Reporting.--The Director may consolidate or adjust the frequency and due dates of any statutorily required reports under subsections (a) and (b) only after-- (1) consultation with the Chairman of the Senate Committee on Governmental Affairs and the Chairman of the House of Representatives Committee on Government Operations; and (2) written notification to the Congress, no later than February 8 of each fiscal year covered under subsection (b) for those reports required to be submitted during that fiscal year. SEC. 405. ANNUAL FINANCIAL REPORTS. (a) Financial Statements.--Section 3515 of title 31, United States Code, is amended to read as follows: ``Sec. 3515. Financial statements of agencies ``(a) Not later than March 1 of 1997 and each year thereafter, the head of each executive agency identified in section 901(b) of this title shall prepare and submit to the Director of the Office of Management and Budget an audited financial statement for the preceding fiscal year, covering all accounts and associated activities of each office, bureau, and activity of the agency. ``(b) Each audited financial statement of an executive agency under this section shall reflect-- ``(1) the overall financial position of the offices, bureaus, and activities covered by the statement, including assets and liabilities thereof; and ``(2) results of operations of those offices, bureaus, and activities. ``(c) The Director of the Office of Management and Budget shall identify components of executive agencies that shall be required to have audited financial statements meeting the requirements of subsection (b). ``(d) The Director of the Office of Management and Budget shall prescribe the form and content of the financial statements of executive agencies under this section, consistent with applicable accounting and financial reporting principles, standards, and requirements. ``(e) The Director of the Office of Management and Budget may waive the application of all or part of subsection (a) for financial statements required for fiscal years 1996 and 1997. ``(f) Not later than March 1 of 1995 and 1996, the head of each executive agency identified in section 901(b) of this title and designated by the Director of the Office of Management and Budget shall prepare and submit to the Director of the Office of Management and Budget an audited financial statement for the preceding fiscal year, covering all accounts and associated activities of each office, bureau, and activity of the agency. ``(g) Not later than March 31 of 1995 and 1996, for executive agencies not designated by the Director of the Office of Management and Budget under subsection (f), the head of each executive agency identified in section 901(b) of this title shall prepare and submit to the Director of the Office of Management and Budget a financial statement for the preceding fiscal year, covering-- ``(1) each revolving fund and trust fund of the agency; and ``(2) to the extent practicable, the accounts of each office, bureau, and activity of the agency which performed substantial commercial functions during the preceding fiscal year. ``(h) For purposes of subsection (g), the term `commercial functions' includes buying and leasing of real estate, providing insurance, making loans and loan guarantees, and other credit programs and any activity involving the provision of a service or thing for which a fee, royalty, rent, or other charge is imposed by an agency for services and things of value it provides.''. (b) Audits by Agencies.--Subsection 3521(f) of title 31, United States Code, is amended to read as follows: ``(f)(1) For each audited financial statement required under subsections (a) and (f) of section 3515 of this title, the person who audits the statement for purpose of subsection (e) of this section shall submit a report on the audit to the head of the agency. A report under this subsection shall be prepared in accordance with generally accepted government auditing standards. ``(2) Not later than June 30 following the fiscal year for which a financial statement is submitted under subsection (g) of section 3515 of this title, the person who audits the statement for purpose of subsection (e) of this section shall submit a report on the audit to the head of the agency. A report under this subsection shall be prepared in accordance with generally accepted government auditing standards.''. (c) Governmentwide Financial Statement.--Section 331 of title 31, United States Code, is amended by adding the following new subsection: ``(e)(1) Not later than March 31 of 1998 and each year thereafter, the Secretary of the Treasury, in coordination with the Director of the Office of Management and Budget, shall annually prepare and submit to the President and the Congress an audited financial statement for the preceding fiscal year, covering all accounts and associated activities of the executive branch of the United States Government. The financial statement shall reflect the overall financial position, including assets and liabilities, and results of operations of the executive branch of the United States Government, and shall be prepared in accordance with the form and content requirements set forth by the Director of the Office of Management and Budget. ``(2) The Comptroller General of the United States shall audit the financial statement required by this section.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: Limitation on Pay Title II: Human Resource Management Title III: Streamlining Management Control Title IV: Financial Management Government Management Reform Act of 1994 - Title I: Limitation on Pay - Amends the Legislative Reorganization Act of 1946 and other Federal law to limit annual cost of living adjustments for Members of Congress, the Vice President, senior Government officials, and Federal judges. Title II: Human Resource Management - Amends Federal civil service law to eliminate unlimited accumulation of annual leave by members of the Senior Executive Service. Sets a limit on excess leave of 90 days per year. Title III: Streamlining Management Control - Authorizes the Director of OMB to publish annually in the President's Budget any recommendations for the consolidation, elimination, or adjustment in frequency and due dates of statutorily required periodic reports to the Congress or its committees. Title IV: Financial Management - Federal Financial Management Act of 1994 - Amends Federal law to require direct deposit of Federal wage, salary, and retirement payments by electronic funds transfer for recipients who begin receiving such payments on or after January 1, 1995. (Sec. 403) Authorizes the establishment of a franchise fund in each of six executive agencies for the equipment and computer systems necessary for the maintenance and operation of administrative support services that may be performed more advantageously on a centralized basis. Authorizes appropriations. (Sec. 404) Authorizes the Director of the Office of Management and Budget (OMB) to consolidate or adjust the frequency and due dates of statutorily required periodic agency reports to OMB or the President and agency or OMB reports to the Congress under any laws for which OMB has financial management responsibility. (Sec. 405) Requires the annual financial statements of executive agencies to be audited prior to submission to OMB.

Government Management Reform Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Court of Appeals for Veterans Claims Act of 1999''. SEC. 2. AUTHORITY TO PRESCRIBE RULES AND REGULATIONS. Section 7254 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(f) The Court may prescribe rules and regulations to carry out this chapter.''. SEC. 3. RECALL OF RETIRED JUDGES. (a) Authority To Recall Retired Judges.--Chapter 72 of title 38, United States Code, is amended by inserting after section 7256 the following new section: ``Sec. 7257. Recall of retired judges ``(a)(1) A retired judge of the Court may be recalled for further service on the Court in accordance with this section. To be eligible to be recalled for such service, a retired judge must at the time of the judge's retirement provide to the chief judge of the Court (or, in the case of the chief judge, to the clerk of the Court) notice in writing that the retired judge is available for further service on the Court in accordance with this section and is willing to be recalled under this section. Such a notice provided by a retired judge is irrevocable. ``(2) For the purposes of this section-- ``(A) a retired judge is a judge of the Court of Veterans Appeals who retires from the Court under section 7296 of this title or under chapter 83 or 84 of title 5; and ``(B) a recall-eligible retired judge is a retired judge who has provided a notice under paragraph (1). ``(b)(1) The chief judge may recall for further service on the court a recall-eligible retired judge in accordance with this section. Such a recall shall be made upon written certification by the chief judge that substantial service is expected to be performed by the retired judge for such period, not to exceed 90 days (or the equivalent), as determined by the chief judge to be necessary to meet the needs of the Court. ``(2) A recall-eligible retired judge may not be recalled for more than 90 days (or the equivalent) during any calendar year without the judge's consent or for more than a total of 180 days (or the equivalent) during any calendar year. ``(3) If a recall-eligible retired judge is recalled by the chief judge in accordance with this section and (other than in the case of a judge who has previously during that calendar year served at least 90 days (or the equivalent) of recalled service on the court) declines (other than by reason of disability) to perform the service to which recalled, the chief judge shall remove that retired judge from the status of a recall-eligible judge. ``(4) A recall-eligible retired judge who becomes permanently disabled and as a result of that disability is unable to perform further service on the court shall be removed from the status of a recall-eligible judge. Determination of such a disability shall be made in the same manner as is applicable to judges of the United States under section 371 of title 28. ``(c) A retired judge who is recalled under this section may exercise all of the powers and duties of the office of a judge in active service. ``(d)(1) The pay of a recall-eligible retired judge who retired under section 7296 of this title is specified in subsection (c) of that section. ``(2) A judge who is recalled under this section who retired under chapter 83 or 84 of title 5 shall be paid, during the period for which the judge serves in recall status, pay at the rate of pay in effect under section 7253(e) of this title for a judge performing active service, less the amount of the judge's annuity under the applicable provisions of chapter 83 or 84 of title 5. ``(e)(1) Except as provided in subsection (d), a judge who is recalled under this section who retired under chapter 83 or 84 of title 5 shall be considered to be a reemployed annuitant under that chapter. ``(2) Nothing in this section affects the right of a judge who retired under chapter 83 or 84 of title 5 to serve as a reemployed annuitant in accordance with the provisions of title 5.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7256 the following new item: ``7257. Recall of retired judges.''. SEC. 4. CALCULATION OF YEARS OF SERVICE AS A JUDGE. Section 7296(b) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(4) For purposes of calculating the years of service of an individual under this subsection and subsection (c), only those years of service as a judge of the Court shall be credited. In determining the number of years of such service, that portion of the aggregate number of years of such service that is a fractional part of one year shall be disregarded if less than 183 days and shall be credited as a full year if 183 days or more.''. SEC. 5. JUDGES' RETIRED PAY. (a) In General.--Subsection (c)(1) of section 7296 of title 38, United States Code, is amended by striking ``at the rate of pay in effect at the time of retirement.'' and inserting the following: ``as follows: ``(A) In the case of a judge who is a recall-eligible retired judge under section 7257 of this title or who was a recall-eligible retired judge under that section and was removed from recall status under subsection (b)(4) of that section by reason of disability, the retired pay of the judge shall be the pay of a judge of the court (or of the chief judge, if the individual retired from service as chief judge). ``(B) In the case of a judge who at the time of retirement did not provide notice under section 7257 of this title of availability for service in a recalled status, the retired pay of the judge shall be the rate of pay applicable to that judge at the time of retirement. ``(C) In the case of a judge who was a recall-eligible retired judge under section 7257 of this title and was removed from recall status under subsection (b)(3) of that section, the retired pay of the judge shall be the pay of the judge at the time of the removal from recall status.''. (b) Cost-of-Living Adjustments.--Subsection (f) of such section is amended by adding at the end the following new paragraph: ``(3)(A) A cost-of-living adjustment provided by law in annuities payable under civil service retirement laws shall apply to retired pay under this section only in the case of retired pay computed under paragraph (2) of subsection (c). ``(B)(i) If such a cost-of-living adjustment would (but for this subparagraph) result in the retired pay of a retired chief judge being in excess of the annual rate of pay in effect for the chief judge of the court as provided in section 7253(e)(1) of this title, such adjustment may be made in the retired pay of that retired chief judge only in such amount as results in the retired pay of the retired chief judge being equal to that annual rate of pay (as in effect on the effective date of such adjustment). ``(ii) If such a cost-of-living adjustment would (but for this subparagraph) result in the retired pay of a retired judge (other than a retired chief judge) being in excess of the annual rate of pay in effect for judges of the court as provided in section 7253(e)(2) of this title, such adjustment may be made only in such amount as results in the retired pay of the retired judge being equal to that annual rate of pay (as in effect on the effective date of such adjustment).''. (c) Coordination With Military Retired Pay.--Subsection (f) of such section is further amended by adding after paragraph (3), as added by subsection (b), the following new paragraph: ``(4) Notwithstanding subsection (c) of section 5532 of title 5, if a regular or reserve member of a uniformed service who is receiving retired or retainer pay becomes a judge of the court, or becomes eligible therefor while a judge of the court, such retired or retainer pay shall not be paid during the judge's regular active service on the court, but shall be resumed or commenced without reduction upon retirement as a judge.''. SEC. 6. LIMITATION ON ACTIVITIES OF RETIRED JUDGES. (a) In General.--Chapter 72 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7299. Limitation on activities of retired judges ``If a retired judge of the Court in the practice of law represents (or supervises or directs the representation of) a client in making any claim relating to veterans' benefits against the United States or any agency thereof, the retired judge shall forfeit all rights to retired pay under section 7296 of this title or under chapter 83 or 84 of title 5 for the period beginning on the date on which the representation begins and ending one year after the date on which the representation ends.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``7299. Limitation on activities of retired judges.''. SEC. 7. EARLY RETIREMENT AUTHORITY FOR CURRENT JUDGES IN ORDER TO PROVIDE FOR STAGGERED TERMS OF JUDGES. (a) Retirement Authorized.--One eligible judge may retire in accordance with this section with respect to each year beginning in 1999 and ending in 2003. (b) Eligible Judges.--For purposes of this section, an eligible judge is an associate judge of the United States Court of Appeals for Veterans Claims who-- (1) has at least 10 years of service creditable under section 7296 of title 38, United States Code; (2) has made an election to receive retired pay under section 7296 of such title; (3) has at least 20 years of service described in section 7297(l) of such title; and (4) is at least 55 years of age. (c) Multiple Eligible Judges.--If for any year specified in subsection (a) more than one eligible judge provides notice in accordance with subsection (d), the judge who has the greatest seniority as a judge of the United States Court of Appeals for Veterans Claims shall be the judge who is eligible to retire in accordance with this section in that year. (d) Notice.--An eligible judge who desires to retire in accordance with this section with respect to any year covered by subsection (a) shall provide to the President and the chief judge of the United States Court of Appeals for Veterans Claims written notice to that effect not later than April 1 of that year, except that in the case of an eligible judge desiring to retire with respect to 1999, such notice shall be provided not later than November 1, 1999, or 15 days after the date of the enactment of this Act, whichever is later. Such a notice shall specify the retirement date in accordance with subsection (e). Notice provided under this subsection shall be irrevocable. (e) Date of Retirement.--A judge who is eligible to retire in accordance with this section shall be retired during the fiscal year in which notice is provided pursuant to subsection (d), but not earlier than 90 days after the date on which that notice is provided, except that a judge retired in accordance with this section with respect to 1999 shall be retired not earlier than 90 days, and not later than 120 days, after the date on which notice is provided pursuant to subsection (d). (f) Applicable Provisions.--Except as provided in subsection (g), a judge retired in accordance with this section shall be considered for all purposes to be retired under section 7296(b)(1) of title 38, United States Code. (g) Rate of Retired Pay.--The rate of retired pay for a judge retiring in accordance with this section is-- (1) the rate applicable to that judge under section 7296(c)(1) of title 38, United States Code, multiplied by (2) the fraction (not in excess of 1) in which-- (A) the numerator is the sum of: (i) the number of years of service of the judge as a judge of the United States Court of Appeals for Veterans Claims creditable under section 7296 of such title; and (ii) the age of the judge; and (B) the denominator is 80. (h) Adjustments in Retired Pay for Judges Available for Recall.-- Subject to section 7296(f)(3)(B) of title 38, United States Code, an adjustment provided by law in annuities payable under civil service retirement laws shall apply to retired pay under this section in the case of a judge who is a recall-eligible retired judge under section 7257 of title 38, United States Code, or who was a recall-eligible retired judge under that section and was removed from recall status under subsection (b)(4) of that section by reason of disability. (i) Duty of Actuary.--Section 7298(e)(2) of title 38, United States Code, is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by inserting after subparagraph (B) the following new subparagraph: ``(C) For purposes of subparagraph (B), the term `present value' includes a value determined by an actuary with respect to a payment that may be made under subsection (b) from the retirement fund within the contemplation of law.''.

Court of Appeals for Veterans Claims Act of 1999 - Amends Federal provisions relating to the authority and administration of the Court of Appeals for Veterans Claims to authorize a retired judge to be recalled for further Court service if such judge, at the time of his or her retirement, provided written notice of his or her availability for further service. Prohibits such a judge from being recalled for more than 90 days without the judge's consent or for more than 180 days during any calendar year. Requires the removal of a judge from recall-eligible status if such judge declines to perform such further service. (Sec. 4) Disregards, for purposes of the calculation of years of service as a judge, any fractional part of a year that is less than 183 days, but credits as a full year any fractional part consisting of 183 days or more. (Sec. 5) Revises generally provisions concerning the calculation of retired pay of recall-eligible judges, judges who did not make themselves available for recall, and judges who are removed from the recall-eligible list. Provides cost-of-living adjustments to such pay. (Sec. 6) Requires a retired judge who represents a client in any claim against the United States relating to veterans' benefits to forfeit all retired pay rights for one year after such representation begins. (Sec. 7) Provides early retirement authority for Court judges in order to provide for staggered terms of such judges.

Court of Appeals for Veterans Claims Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energy Environmental Research Act of 2009''. SEC. 2. PURPOSE. The purpose of this Act is to establish an integrated and comprehensive ocean, coastal, Great Lakes, and atmospheric research, prediction, and environmental information program to support renewable energy. SEC. 3. RENEWABLE ENERGY RESEARCH PLAN. (a) In General.--The Administrator shall develop a plan-- (1) to define requirements for a comprehensive and integrated ocean, coastal, Great Lakes, and atmosphere science program to support renewable energy development in the United States based on the public hearings, public comments, and a review of scientific and industry information; (2) to identify and describe current climate, weather, and water data programs, products, services, and authorities within NOAA relevant to renewable energy development; (3) to provide targeted research, data, monitoring, observation, and other information, products, and services concerning climate, weather, and water in support of renewable energy and ``smart grid'' technology, including research to accurately quantify the downstream micro-climate impacts of wind-power turbines; (4) to provide research, data, monitoring, and other information, products, and services to inform renewable energy decisions concerning coastal and marine habitats, living marine resources and the ecosystems on which they depend and coastal and marine planning; and (5) to reduce duplication and leverage the resources of existing NOAA programs through coordination with-- (A) other offices and programs within NOAA, including the atmospheric, ocean, and coastal observation systems; (B) Federal, State, tribal, and local observation systems; and (C) other entities, including the private sector organizations and institutions of higher education; and (6) to facilitate public-private cooperation, including identification and assessment of current private sector capabilities. (b) Public Hearings.--In developing the plan, the Administrator shall provide public notice and opportunity for 1 or more public hearings and shall seek comments from Federal and State agencies, tribes, local governments, representatives of the private sector, and other parties interested in renewable energy observations, data, and use in order to improve NOAA climate, weather, and water observation data products and services to more effectively support renewable energy development. SEC. 4. ESTABLISHMENT OF RESEARCH, PREDICTION, AND ENVIRONMENTAL INFORMATION PROGRAM. (a) In General.--Within 18 months after the date of enactment of this Act, the Administrator shall establish a program to develop and implement an integrated and comprehensive ocean, coastal, Great Lakes and atmosphere research and operations program, based on the plan required by section 3, to support renewable energy development in the United States. (b) Program Components.--At a minimum, the program shall include-- (1) improvements in coordinated climate, weather, and water research, monitoring, and observations to support-- (A) renewable energy development; and (B) the understanding and mitigation of the impact of renewable energy development on living marine resources, including protected species and the marine and coastal environment; (2) coordinated weather, water, and climate prediction capability focused on renewable energy and ``smart grid'' technology to provide information and decision services in support of renewable energy development; (3) support for the transition to, and reliable delivery of, sustained operational weather, water, and climate products from research, observation, and prediction outputs; (4) means of identifying biological and ecological effects of marine renewable energy development on living marine resources, the marine and coastal environment, marine-dependent industries, and coastal communities; (5) baseline ecological characterization, including research, data collection, and mapping, of the coastal and marine environment and living marine resources for marine renewable energy development; (6) avoidance, minimization, and mitigation strategies to address the potential impacts of marine renewable energy on the marine, coastal, and Great Lakes environment, including developing effective monitoring protocols, use of adaptive management, informed engineering design and operating parameters, and the establishment of protocols for minimizing the environmental impacts of testing, developing, and deploying marine renewable energy devices; (7) support for the development of marine special area management plan by states as defined by the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) that would support renewable energy development consistent with natural resource protection and other coastal-dependent economic growth; (8) comprehensive digital mapping, modeling, and other geospatial information and services to support planning for renewable energy and stewardship of ecosystem and living marine ecosystems, including protected species, in ocean and coastal areas; (9) a coordinated approach for examining and quantifying the micro-climate impacts of wind-power farms on soil transpiration and drying; and (10) provision for outreach to the public and private sector about program research, information, and products, including making non-proprietary information and best management practices developed under this program available to the public. (c) Use in Agency Decisions.--The program established under subsection (b) shall be designed to collect, synthesize, and distribute data in a manner that can be used by marine resource managers responsible for making decisions about marine renewable energy projects. The Army Corps of Engineers, Department of Commerce, Minerals Management Service, Federal Energy Regulatory Commission, and Department of Energy shall consider this information when making planning, siting, and permitting decisions for marine renewable energy. (d) Support for Public-Private Cooperation.--To the extent practicable, in implementing the program established under this section, the Administrator shall seek appropriate opportunities to facilitate and expand cooperation with private sector entities to develop and expand information services that serve the renewable energy industry. SEC. 5. BIENNIAL REPORTS. Not later than 2 years after the date of the enactment of this Act and every 2 years thereafter, the Administrator shall prepare and transmit a report to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Natural Resources, and the House of Representatives Committee on Science and Technology on progress made in implementing this Act, including-- (1) a description of activities carried out under this Act; (2) recommendations for priority activities under this Act for fiscal years beginning after the date on which the report is submitted; and (3) funding levels for activities under this Act in those fiscal years. SEC. 6. LIBRARY. Within 1 year after the date of the enactment of this Act, the Administrator, in consultation with relevant Federal agencies, shall establish a renewable energy information library and data portal. The library shall include, at a minimum-- (1) links to data and information products for use in renewable energy development; (2) links to planning and decision support tools for use in renewable energy development; (3) data about the baseline condition of ocean and coastal resources; and (4) links to digital mapping and geospatial information, products, and services described in section 4(b). SEC. 7. FEDERAL COORDINATION. In carrying out activities under this Act, the Administrator shall coordinate with the Secretary of the Interior, the Secretary of Energy, the Secretary of Transportation, the Secretary of Defense, the Federal Energy Regulatory Commission, the Department in which the Coast Guard is operating, and the heads of other relevant Federal agencies. SEC. 8. AGREEMENTS. The Administrator may enter into and perform such contracts, leases, grants, cooperative agreements, or other agreements and transactions with any agency or instrumentality of the United States, or with any State, local, tribal, territorial or foreign government, or with any person, corporation, firm, partnership, educational institution, nonprofit organization, or international organization as may be necessary to carry out the purposes of this Act. SEC. 9. AUTHORITY TO RECEIVE FUNDS. The Administrator may accept, retain, and use funds received from any party pursuant to an agreement entered into under section 8 for activities furthering the purposes of this Act. SEC. 10. USE OF OCEAN OBSERVING OFFSHORE INFRASTRUCTURE. (a) In General.--Any offshore exploration and production facility, at the discretion of the Administrator, may execute a memorandum of understanding authorizing the use of offshore platforms and infrastructure for the placement of meteorological and oceanographic observation sensors of a type to be designated by the Administrator in support of the Integrated Ocean Observing System. (b) Availability of Information.--All information collected by such sensors will be managed by NOAA and be readily available for use in spill response as well as available to the National Weather Service, other NOAA programs, and the general public. SEC. 11. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Under Secretary of Commerce for Oceans and Atmosphere in the Under Secretary's capacity as Administrator of NOAA. (2) Marine renewable energy.--The term ``marine renewable energy'' means any form of renewable energy derived from the sea including wave energy, tidal energy, ocean current energy, offshore wind energy, salinity gradient energy, ocean thermal gradient energy, and ocean thermal energy conversion. (3) NOAA.--The term ``NOAA'' means the National Oceanic and Atmospheric Administration. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. (a) Implementation and Execution.--There are authorized to be appropriated to the Administrator $100,000,000 for each of fiscal years 2010 through 2014 to carry out this Act. (b) Grants to Educational Institutions and Coastal States.--Of the amounts appropriated pursuant to subsection (b), the Administrator shall make up to 50 percent available to educational institutions, and to States with coastal zone management programs approved under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), to carry out activities that support the program established under section 4. SEC. 13. SAVINGS PROVISION. Nothing in this Act shall be construed to supersede or modify the jurisdiction, responsibilities, or authority of any Federal or State agency under any provision of law in effect on the date of enactment of this Act.

Renewable Energy Environmental Research Act of 2009 - Requires the Under Secretary of Commerce for Oceans and Atmosphere in the Under Secretary's capacity as Administrator of the National Oceanic and Atmospheric Administration (NOAA) to develop a plan to: (1) define requirements for a comprehensive and integrated ocean, coastal, Great Lakes, and atmosphere science program to support renewable energy development; (2) identify and describe current climate, weather, and water data programs, products, services, and authorities within NOAA relevant to such development; (3) provide targeted research, data, monitoring, observation, and other information, products, and services concerning climate, weather, and water in support of renewable energy and smart grid technology; (4) provide research, data, monitoring, and other information, products, and services to inform renewable energy decisions concerning coastal and marine habitats, living marine resources and the ecosystems on which they depend, and coastal and marine planning; (5) reduce duplication and leverage the resources of existing NOAA programs; and (6) facilitate public-private cooperation. Requires the Administrator to establish a program to develop and implement an integrated and comprehensive ocean, coastal, Great Lakes, and atmosphere research and operations program, based on such plan, to support renewable energy development. Enumerates program components. Requires the program to be designed to collect, synthesize, and distribute data in a manner that can be used by marine resource managers responsible for making decisions about marine renewable energy projects. Requires the Army Corps of Engineers, Department of Commerce, Minerals Management Service, Federal Energy Regulatory Commission (FERC), and Department of Energy (DOE) to consider this information when making planning, siting, and permitting decisions for marine renewable energy. Requires the Administrator to: (1) seek opportunities to facilitate and expand cooperation with private sector entities to develop and expand information services that serve the renewable energy industry; and (2) report to specified congressional committees every two years on activities carried out under this Act, recommendations for priority activities under this Act, and funding levels for activities. Requires the Administrator, within a year of this Act's enactment, to establish a renewable energy information library and data portal, which shall include: (1) links to data and information products for use in renewable energy development; (2) links to planning and decision support tools for use in renewable energy development; (3) data about the baseline condition of ocean and coastal resources; and (4) links to digital mapping and geospatial information, products, and services. Gives the Administrator the discretion to allow any offshore exploration and production facility to execute a memorandum of understanding authorizing the use of offshore platforms and infrastructure for the placement of meteorological and oceanographic observation sensors of a type to be designated by the Administrator in support of the Integrated Ocean Observing System. Requires information collected by such sensors to be readily available for use in spill response as well as available to the National Weather Service, other NOAA programs, and the general public. Authorizes appropriations for FY2010-FY2014.

A bill to establish, within the National Oceanic and Atmospheric Administration, an integrated and comprehensive ocean, coastal, Great Lakes, and atmospheric research, prediction, and environmental information program to support renewable energy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting American Democracy Act of 2003''. SEC. 2. REQUIRING VERIFICATION FOR VOTERS. (a) In General.--Section 301(a)(2) of the Help America Vote Act of 2002 (42 U.S.C. 15481(a)(2)) is amended by adding at the end the following new subparagraph: ``(C) Voter verification.-- ``(i) The voting system shall provide a means by which each individual voter must be able to verify his or her vote at the time the vote is cast, and shall preserve each vote within the polling place on the day of the election in a manner that ensures the security of the votes as verified for later use in any audit. ``(ii) The voting system shall provide the voter with an opportunity to correct any error made by the system before the permanent record is preserved for use in any audit. ``(iii) The verified vote produced under this subparagraph shall be available as an official record. ``(iv) Any method used to permit the individual voter to verify his or her vote at the time the vote is cast and before a permanent record is created-- ``(I) shall use the most accurate technology, which may include voter- verifiable paper ballots, votemeters, modular voting architecture, and encrypted votes, in a uniform and nondiscriminatory manner; ``(II) shall guarantee voters with disabilities and other affected voters the ability to cast a vote in private, consistent with paragraph (3)(A); and ``(III) shall guarantee voters alternative language accessibility under the requirements of section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a), consistent with paragraph (4).''. SEC. 3. REQUIRING INCREASED SECURITY FOR VOTING SYSTEMS. (a) Section 301(a) of the Help America Vote Act of 2002 (42 U.S.C. 15481(a)) is amended by adding at the end the following new paragraph: ``(7) Increased security for voting systems.-- ``(A) Voting system security requirement.--The voting system shall adhere to security requirements for Federal computer systems or more stringent requirements adopted by the Election Assistance Commission after receiving recommendations from the Technical Guidelines Development Committee under sections 221 and 222. Such requirements shall provide that no voting system shall contain any wireless device. All software and hardware used in any electronic voting system shall be certified by laboratories accredited by the Commission as meeting the requirements of this subsection. ``(B) Report to congress on security review.--The Commission, in consultation with the National Institute of Standards and Technology (NIST), shall report to Congress not later than 6 months after the date of enactment of the Protecting American Democracy Act of 2003 regarding a proposed security review and certification process for all voting systems. ``(C) General accounting office report.--Not later than 3 months after the date of enactment of the Protecting American Democracy Act of 2003, the Government Accounting Office, unless the Commission has previously completed such report, shall issue a report to Congress on the operational and management systems that should be employed to safeguard the security of voting systems, together with a schedule for how quickly each such system should be implemented. ``(D) Provision of security consultation services.-- ``(i) In general.--On and after the date of enactment of the Protecting American Democracy Act of 2003, the National Institute of Standards and Technology (NIST) shall provide security consultation services to State and local jurisdictions. ``(ii) Authorization.--To carry out the purposes of this subparagraph, $2,000,0000 is authorized for each of fiscal years 2004 through 2006.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect as if included in the enactment of the Help America Vote Act of 2002.

Protecting American Democracy Act of 2003 - Amends the Help America Vote Act of 2002 to require voter verification and improved security for voting systems.

A bill to amend the help America Vote Act of 2002 to require voter verification and improved security for voting systems under title III of the Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Jobs Creation Act of 2004''. SEC. 2. CREDIT FOR INCREASING EMPLOYMENT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45G. CREDIT FOR INCREASING EMPLOYMENT. ``(a) General Rule.--For purposes of section 38, in the case of an eligible employer, the increased employment credit for any taxable year shall be an amount equal to 50 percent of the excess of-- ``(1) the aggregate unemployment insurance wages paid during the calendar year ending during such taxable year, over ``(2) 102 percent of the aggregate unemployment insurance wages paid during the preceding calendar year. ``(b) Eligible Employer.--For purposes of this section-- ``(1) In general.--The term `eligible employer' means any employer having gross receipts for the taxable year of less than $25,000,000. ``(2) Gross receipts.--For purposes of this subsection, gross receipts for any taxable year shall be reduced by returns and allowances made during the taxable year. ``(c) Minimum Preceding Year Wages.--For purposes of determining the amount of the credit under subsection (a) with respect to any calendar year, the amount described in subsection (a)(2) shall be deemed to be not less than 50 percent of the amount of such wages paid during such preceding calendar year. ``(d) Total Wages Must Increase.--The amount of the credit determined under this section for any taxable year shall not exceed the amount which would be determined for such year under subsection (a) (without regard to subsection (b)) if-- ``(1) the aggregate amounts taken into account as unemployment insurance wages were determined without any dollar limitation, and ``(2) `105 percent' were substituted for `102 percent' in subsection (a). ``(e) $100,000 Per Year Limitation on Credit.--The amount of the credit determined under this section for any employer with respect to any calendar year shall not exceed $100,000. ``(f) Unemployment Insurance Wages.--For purposes of this section, the term `unemployment insurance wages' has the meaning given to the term `wages' by section 3306(b). ``(g) Special Rules.--Rules similar to the following rules shall apply for purposes of this section: ``(1) Section 51(g) (relating to United States Employment Service to notify employers of availability of credit). ``(2) Section 51(h)(1) (relating to special rules for agricultural labor and railway labor). ``(3) Section 52 (relating to special rules for work opportunity credit). ``(4) Section 41(f) (relating to adjustments for certain acquisitions, etc.). ``(h) Other Special Rules.-- ``(1) Change in status from self-employed to employee.-- If-- ``(A) during any calendar year an individual has net earnings from self-employment (as defined in section 1402(a)) which are attributable to a trade or business, and ``(B) for any portion of the succeeding calendar year such individual is an employee of such trade or business, then, for purposes of determining the credit allowable for a taxable year beginning in such succeeding calendar year, the employer's aggregate unemployment insurance wages for the calendar year preceding the calendar year referred to in subparagraph (A) shall be increased by an amount equal to so much of the net earnings referred to in subparagraph (A) as does not exceed $7,000. ``(2) $50,000 limitation in the case of married individuals filing separate returns.--In the case of a husband or wife who files a separate return, the limitation under subsection (e) shall be $50,000 in lieu of $100,000. This subsection shall not apply if the spouse of the taxpayer has no interest in a trade or business for the taxable year of such spouse which ends within or with the taxpayer's taxable year. ``(i) Termination.--This section shall not apply to any taxable year beginning after 2009.''. (b) Denial of Double Benefit.--Subsection (a) of section 280C of such Code is amended by inserting ``45G(a),'' after ``45A(a),''. (c) Credit Treated as Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following: ``(16) the increased employment credit determined under section 45G(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter I is amended by adding at the end the following: ``Sec. 45G. Credit for increasing employment.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004.

Small Business Jobs Creation Act of 2004 - Amends the Internal Revenue Code to allow an employer with annual gross receipts of less than $25 million a business tax credit for 50 percent of the excess of unemployment insurance wages paid in the current year over 102 percent of such wages paid during the preceding calendar year. Limits the annual amount of such credit to $100,000. Terminates the credit after 2009.

To amend the Internal Revenue Code of 1986 to allow employers a credit against income tax for increasing employment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Child Left Unimmunized Against Influenza Act of 2009''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The influenza is a contagious respiratory illness caused by influenza viruses. The best way to prevent the influenza is by getting a influenza vaccination each year. (2) Every year in the United States, on average, more than 200,000 people are hospitalized from influenza-related complications, and about 36,000 people die from influenza- related causes. (3) The Centers for Disease Control and Prevention (CDC) Advisory Committee on Immunization Practices recommends routine influenza vaccination for all children aged 6 months through 18 years with influenza vaccine, effective July 1, 2008. (4) Children 2 to 17 years of age are twice as likely to get influenza as adults, including the elderly. (5) School-aged children are the population group most responsible for transmission of contagious respiratory viruses, including influenza. (6) The elderly and young children are the most vulnerable population to severe illness from influenza due to weaker immune response to vaccination. Experts have recognized that the best way to protect the elderly from influenza may be to vaccinate children. (7) School-based vaccination programs are effective and cost-saving ways to vaccinate children while reducing transmission and infection rates to the larger community and at the same time reducing rates of school absenteeism due to influenza. (8) Increased focus on providing influenza vaccine to children targeted for immunization will also help efforts to build a sound foundation for future vaccination efforts. (9) School-based vaccination programs also potentially represent the most feasible mechanism for community-based pandemic vaccination. (10) Increased participation in annual influenza vaccination programs builds the infrastructure necessary for pandemic vaccination. (11) School-based programs will investigate the feasibility of conducting mass immunization clinics and build partnerships with local public health teams, in the event of a public health emergency. SEC. 3. DEMONSTRATION PROGRAM USING ELEMENTARY AND SECONDARY SCHOOLS AS INFLUENZA VACCINATION CENTERS. (a) In General.--The Secretary of Health and Human Services, in consultation with the Secretary of Education and the Secretary of Labor, shall carry out a multistate demonstration program designed to test the feasibility of using the Nation's elementary schools and secondary schools as influenza vaccination centers in coordination with school nurses, school health care programs, local health departments, community health care providers, State insurance agencies, and private insurers. (b) Program Description.-- (1) Vaccination.-- (A) Children covered by other federal programs.-- For children who are eligible under other federally funded programs for payment of the costs of purchasing and administering the influenza vaccine, the Secretary shall not use the demonstration program under this section to supplant payment of such costs. (B) Children covered by private health insurance.-- For children who have private insurance, the Secretary shall work with the Secretary of Labor, State insurance agencies, and private insurers to ensure that such children have coverage for all reasonable and customary expenses, including the costs of purchasing and administering the vaccine, incurred when influenza vaccine is administered outside of the physician's office in a school or other related setting. (C) Other children.--To the extent to which payment of the costs of purchasing and administering the influenza vaccine for children is not covered through other federally funded programs or through private insurance, the Secretary may pay such costs through the demonstration program under this section. (2) ACIP recommendations.--The demonstration program shall be designed to administer vaccines consistent with the recommendations of the Advisory Committee on Immunization Practices for the annual vaccination of all children aged 5 years through 19 years. (3) Locations.-- (A) Selection.--The Secretary, in consultation with the Secretary of Education, shall select the elementary schools and secondary schools to participate in the demonstration program. (B) Selection criteria.--The schools selected under subparagraph (A) shall include elementary schools and secondary schools-- (i) located in at least 10 metropolitan regions in at least 10 States and serving primarily low-income public school student populations; and (ii) located in at least 5 major areas in at least 5 States served by rural school districts. (4) Voluntary participation.--Participation in the demonstration program by a school or an individual shall be voluntary. (5) Duration.--The demonstration program shall be conducted for the 2010-2011 and 2011-2012 influenza seasons. (6) Choice of vaccine.--The demonstration program shall not restrict the discretion of a health care provider to administer any influenza vaccine approved by the Food and Drug Administration for use in pediatric populations. (c) Report.--Not later than 90 days following the completion of the demonstration program under this section, the Secretary shall submit to the Committees on Education and Labor, Energy and Commerce, and Appropriations of the House of Representatives and to the Committees on Health, Education, Labor, and Pensions and Appropriations of the Senate a report on the results of the program. The report shall include-- (1) an assessment of the influenza vaccination rates of school-aged children in localities where the demonstration program is implemented, compared to the national average influenza vaccination rates for school-aged children, including whether school-based vaccination assists in achieving the recommendations of the Advisory Committee on Immunization Practices for annual influenza vaccination of all children aged 6 months to 18 years; (2) an assessment of the utility of employing elementary schools and secondary schools as a part of a multi-state, community-based pandemic response program that is consistent with existing Federal and State pandemic response plans; (3) an assessment of the feasibility of using existing Federal and private insurance funding in establishing a multi- state, school-based vaccination program for seasonal influenza vaccination; (4) an assessment of the number of education days gained by students as a result of seasonal vaccinations based on absenteeism rates; (5) a determination of whether the demonstration program under this section-- (A) was successful; and (B) was implemented for sufficient time for gathering enough valid data; and (6) a recommendation on whether the demonstration program under this section should be continued, expanded, or terminated. (d) Definitions.--In this section: (1) The terms ``elementary school'' and ``secondary school'' have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) The term ``low-income'' means at or below 200 percent of the income level specified in the most recent applicable version of the Department of Health and Human Services Poverty Guidelines per person in a family unit. (3) Except as otherwise specified, the term ``Secretary'' means the Secretary of Health and Human Services. (e) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2010 through 2012.

No Child Left Unimmunized Against Influenza Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to carry out a multistate demonstration program designed to test the feasibility of using the nation's elementary and secondary schools as influenza vaccination centers in coordination with school nurses, school health care programs, local health departments, community health care providers, state insurance agencies, and private insurers. Prohibits the Secretary from using such program for children who are eligible under other federally funded programs for payment of the costs of purchasing and administering the influenza vaccine. Requires the Secretary to work with the Secretary of Labor, state insurance agencies, and private insurers to ensure that children who have private insurance have coverage for all reasonable and customary expenses, including the costs of purchasing and administering the vaccine, incurred when influenza vaccine is administered outside of the physician's office in a school or other related setting. Authorizes the Secretary to pay the cost of purchasing and administering the influenza vaccine for children to the extent such cost is not covered through other federally funded programs or through private insurance. Requires the program to be designed to administer vaccines consistent with recommendations of the Advisory Committee on Immunization Practices for the annual vaccination of all children aged 5 years through 19 years. Sets forth selection criteria for schools. Makes participation by a school or an individual voluntary. Requires the program to be conducted for the 2010-2011 and 2011-2012 influenza seasons.

To authorize the Secretary of Health and Human Services to carry out a demonstration program to test the feasibility of using the Nation's elementary and secondary schools as influenza vaccination centers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Muscogee Nation of Florida Federal Recognition Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Muscogee Nation of Florida is composed of lineal descendants of persons who were historically part of the Creek Confederacy, which relocated from Daleville, Alabama, and other areas of southern Alabama to the State of Florida between 1812 and 1887; (2) those Creek persons settled in the north Florida panhandle in autonomous communities (referred to in the constitution of the Muscogee Nation as ``Townships''), continuing the lifestyle and traditions practiced by the historic Creek Nation of Alabama and Georgia; (3)(A) on dissolution of the Creek Confederacy, the ancestors of current members of the Muscogee Nation of Florida relocated and reestablished home sites, traditions, ceremonial centers, tribal government (including through the traditional appointment of tribal leaders), and tribal economy in rural areas of the State of Florida; (B) the relocation described in subparagraph (A) did not prevent the Nation from-- (i) continuing to exercise the governing powers of the Nation; (ii) providing services to members of the Nation; or (iii) enjoying the communal lifestyle of the Nation; and (C) some members of the Nation remain on original home sites of their Creek ancestors; (4) members of the Nation-- (A) participated in the 1814 Treaty of Ft. Jackson and the Apalachicola Treaty of October 11, 1832; and (B) were included in the Abbott-Parsons Creek Census, dated 1832 and 1833; (5) members of the Nation have established an ancestral claim to land taken from the Nation by General Andrew Jackson in the aftermath of the War of 1812 pursuant to the 1814 Treaty of Ft. Jackson; (6) beginning in 1971, the Secretary of the Interior distributed to members of the Nation in 3 actions per capita payments for land claim settlements; (7)(A) in 1974, the State of Florida established the Northwest Florida Creek Indian Council to manage issues relating to Creek Indians in northwest Florida; and (B) in 1978, the Council held an election for representatives to the tribal government known as the ``Florida Tribe of Eastern Creek Indians'', which is now the Muscogee Nation of Florida; (8) the community of Bruce in Walton County, Florida, has been a governing center for the Nation for more than 150 years; (9) in the community of Bruce, the Nation-- (A) beginning in the early 1860s, used and maintained the Antioch Cemetery, which remains in use by members of the Nation as of the date of enactment of this Act; (B) between 1895 and 1947, maintained a school that was attended by members of the Nation; (C) in 1912, established a church that is recognized by the Methodist Conference as a Native American church; and (D) maintained a ceremonial area on Bruce Creek that was attended until the late 1920s; (10) the ceremonial area of the Nation, as in existence on the date of enactment of this Act-- (A) is located in the community of Blountstown, Florida, one of the reservations referred to in the Apalachicola Treaty of October 11, 1832; and (B) is the site of continuing ceremonies, such as Green Corn, and traditional events; (11) local governments have recognized the community of Bruce as the center of tribal government of the Nation; and (12) during the 30-year period preceding the date of enactment of this Act, the Nation has received Federal, State, and local grants, and entered into contracts, to provide services and benefits to members of the Nation. SEC. 3. DEFINITIONS. In this Act: (1) Member.--The term ``member'' means-- (A) an individual who is an enrolled member of the Nation as of the date of enactment of this Act; and (B) an individual who has been placed on the membership rolls of the Nation in accordance with this Act. (2) Nation.--The term ``Nation'' means the Muscogee Nation of Florida (formerly known as the ``Florida Tribe of Eastern Creek Indians''). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Tribal council.--The term ``Tribal Council'' means the governing body of the Nation. SEC. 4. FEDERAL RECOGNITION. (a) Recognition.-- (1) In general.--Federal recognition is extended to the Nation. (2) Applicability of laws.--All laws (including regulations) of the United States of general applicability to Indians or nations, Indian tribes, or bands of Indians (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not inconsistent with this Act shall be applicable to the Nation and members. (b) Federal Services and Benefits.-- (1) In general.--On and after the date of enactment of this Act, the Nation and members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes without regard to-- (A) the existence of a reservation for the Nation; or (B) the location of the residence of any member on or near any Indian reservation. (2) Service area.--For the purpose of the delivery of Federal services to members, the service area of the Nation shall be considered to be-- (A) the community of Bruce in Walton County, Florida; and (B) an area in the State of Florida in which members reside that is bordered-- (i) on the west by the Escambia River; and (ii) on the east by the St. Marks River. SEC. 5. CONSTITUTION AND BYLAWS. (a) In General.--The constitution and bylaws of the Nation shall be the constitution and bylaws of the Tribal Council dated January 21, 2001 (including amendments), as submitted to the Secretary for approval on recognition. (b) New Constitution and Bylaws.--On receipt of a written request of the Tribal Council, the Secretary shall hold a referendum for members for the purpose of adopting a new constitution and bylaws, in accordance with section 16 of the Act of June 18, 1934 (25 U.S.C. 476). SEC. 6. TRIBAL COUNCIL. The Tribal Council-- (1) shall represent the Nation and members; and (2) may-- (A) enter into any contract, grant agreement, or other agreement with any Federal department or agency; (B) carry out or administer such programs as the Tribal Council determines to be appropriate to carry out the contracts and agreements; and (C) designate a successor in interest pursuant to a new constitution or bylaw of the Nation adopted under section 5(b). SEC. 7. MEMBERSHIP ROLL. The membership roll of the Nation shall be determined in accordance with the membership criteria established by the ordinance of the Nation numbered 04-01-100 and dated February 7, 2004. SEC. 8. LAND IN TRUST. The Secretary is authorized to take land in trust on behalf of the Muscogee Nation of Florida pursuant to part 151 of title 25, Code of Federal Regulations.

Muscogee Nation of Florida Federal Recognition Act This bill extends federal recognition to the Muscogee Nation of Florida, which makes its members eligible for the services and benefits provided to members of federally recognized Indian tribes. The service area of the tribe, for the purpose of delivering federal services to members, is the community of Bruce in Walton County, Florida, and an area in Florida in which members reside that is bordered on the west by the Escambia River and on the east by the St. Marks River. The constitution and bylaws of the tribe must be the constitution and bylaws of the tribe's Tribal Council dated January 21, 2001, including amendments. The Department of the Interior, upon receipt of a written request of the Tribal Council, must hold a referendum for members to adopt a new constitution and bylaws. The role and duties of the Tribal Council are specified. The membership roll of the tribe must be determined in accordance with the membership criteria established by the ordinance of the tribe numbered 04-01-100 and dated February 7, 2004. Interior may take land into trust on behalf of the tribe.

Muscogee Nation of Florida Federal Recognition Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Superfund Equity and Megasite Remediation Act of 2007''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 established a Federal Superfund trust fund for the purpose of hazardous substance removal and remediation at sites across the Nation. (2) The release of hazardous substances may threaten and impair public health, the local environment, community infrastructure, the economy, and social well being. (3) The Environmental Protection Agency has evaluated more than 45,000 sites and has currently listed 1,086 non-Federal sites on the National Priorities List. (4) One in 4 Americans lives within 3 miles of a Superfund site. (5) The expiration of the Superfund crude oil, chemical feedstock, and corporate taxes in 1995 has contributed to a funding shortfall and has shifted the burden of cleanup to the general public, which has prevented numerous Superfund sites from receiving new construction funding in fiscal years 2004, 2005, and 2006 and slowed the pace of existing cleanups. (6) Delayed and slowed Superfund cleanup actions magnify public health risks and increase total remediation costs. (7) Responsible parties or potentially responsible parties would continue to be liable for hazardous releases under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 after reestablishment of Superfund taxes. (8) Although costs vary from site to site, costs at some sites are substantial and place a greater demand on the Hazardous Substance Superfund resources to clean up contamination. (9) The Environmental Protection Agency generally considers Superfund sites where cleanup costs exceed $50,000,000 to be megasites. (10) Megasites typically are among the larger, more complex, and more severely contaminated of sites, presenting the greatest cleanup challenges. As such, megasites are a substantial factor driving future funding needs to clean up hazardous substances under the Superfund program. (11) The Environmental Protection Agency commits a large percentage of annual Superfund obligations for long-term ongoing cleanup work at only a few sites. These megasites siphon funding from other Superfund sites and result in construction delays. In fiscal year 2006, 45 percent of funds for Superfund construction and post-construction activities went to only 14 sites. (12) As more megasites move beyond the analysis and design phase into actual construction, funding needs for these sites will increase. The average annual cost per megasite is projected to be at least $140,000,000. (13) Megasites differ from non-megasites in that they require more resources over the long term to address complexities associated with developing remedies and cleaning up contamination that can cover many square miles and may involve multiple communities, responsible parties, Indian Tribes, or States. (14) For some megasites there is no ascertainable final remedy because remediation may involve decades of sequential actions, and institutional controls may be required in perpetuity. According to the Environmental Protection Agency, more than half of the mining sites currently listed on the National Priorities List will require operation and maintenance in perpetuity. (15) Responsible parties may not be able to fund megasite remediation activities that are anticipated to last for decades or longer. The lack of a dedicated revenue stream raises serious concerns about how a remediation program expected to last for decades, if not centuries, can be successfully implemented. (16) At megasites with no viable responsible parties, the Federal Government pays 90 percent of the construction costs, with the State paying the other 10 percent. Once construction is completed, the State is solely responsible for paying all operation and maintenance costs, a time frame that for many megasites may extend in perpetuity. SEC. 3. SUPERFUND TAXES. (a) Permanent Extension.-- (1) Excise taxes.--Section 4611(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Application of Hazardous Substance Superfund Financing Rate.-- ``(1) In general.--Except as provided in paragraph (2), the Hazardous Substance Superfund financing rate under this section shall apply after December 31, 1986, and before January 1, 1996, and after the date of the enactment of the Superfund Equity and Megasite Remediation Act of 2007 or if later, the date which is 30 days after the last day of any calendar quarter for which the Secretary estimates that, as of the close of that quarter, the unobligated balance in the Hazardous Substance Superfund is less than $5,700,000,000. ``(2) No tax if unobligated balance in fund exceeds $5,700,000,000.--The Hazardous Substance Superfund financing rate shall not apply during a calendar quarter if the Secretary estimates that, as of the close of the preceding calendar quarter, the unobligated balance in the Hazardous Substance Superfund exceeds $5,700,000,000.''. (2) Corporate environmental income tax.--Section 59A(e) of such Code is amended to read as follows: ``(e) Application of Tax.-- ``(1) In general.--Except as provided in paragraph (2), the tax imposed by this section shall apply to taxable years beginning after December 31, 1986, and before January 1, 1996, and to taxable years beginning after the date of the enactment of the Superfund Equity and Megasite Remediation Act of 2007 or if later, the date which is 30 days after the last day of any calendar quarter for which the Secretary estimates that, as of the close of that quarter, the unobligated balance in the Hazardous Substance Superfund is less than $5,700,000,000. ``(2) No tax if unobligated balance in fund exceeds $5,700,000,000.--The tax imposed by this section shall not apply during a calendar quarter if the Secretary estimates that, as of the close of the preceding calendar quarter, the unobligated balance in the Hazardous Substance Superfund exceeds $5,700,000,000.''. (3) Technical amendments.-- (A) Section 4611(b) of such Code is amended-- (i) by striking ``or exported from'' in paragraph (1)(A), (ii) by striking ``or exportation'' in paragraph (1)(B), and (iii) by striking ``and Exportation'' in the heading. (B) Section 4611(d)(3) of such Code is amended-- (i) by striking ``or exporting the crude oil, as the case may be'' in the text and inserting ``the crude oil'', and (ii) by striking ``or exports'' in the heading. (b) Temporary Tax Increase for Cleanup of Certain Superfund Sites.-- (1) In general.--Subsection (c) of section 4611 of such Code is amended by adding at the end the following new paragraph: ``(3) Temporary rate increase to fund cleanup of certain superfund sites.--During the period beginning on January 1, 2008, and ending on December 31, 2012, the rate of tax specified by subparagraph (A) of paragraph (2) shall be increased by the amount equal to 50 percent of such rate.''. (2) Certain chemicals and imported substances.--Section 4661 of such Code (relating to imposition of tax on certain chemicals) is amended by adding at the end the following: ``(d) Temporary Increase To Fund Cleanup of Certain Superfund Sites.--During the period beginning on January 1, 2008, and ending on December 31, 2012, each amount of tax per ton with respect to a substance specified in subsection (b) shall be increased by an amount equal to 50 percent of such amount.''. (3) Temporary increase in corporate environmental income tax cleanup of certain superfund sites.--Subsection (a) of section 59A of such Code (relating to imposition of tax) is amended by adding at the end the following flush sentence: ``In the case of taxable years beginning on or after January 1, 2008, and ending on or before December 31, 2012, the preceding sentence shall be applied by substituting `0.18 percent' for `0.12 percent'.''. (4) Separate accounting for cleanup funds.--Section 9507 of such Code (relating to Hazardous Substance Superfund) is amended by adding at the end the following new subsection: ``(f) Establishment of Megasites and High Risk Sites Cleanup Account.-- ``(1) Creation of account.--There is established in the Hazardous Substance Superfund a separate account to be known as the `Megasites and High Risk Sites Cleanup Account' consisting of such amounts as may be transferred or credited to the Megasites and High Risk Sites Cleanup Account as provided in this subsection or section 9602(b). ``(2) Transfers to account.--The Secretary shall transfer to the Megasites and High Risk Sites Cleanup Account from the amounts appropriated to Superfund under subsection (b) amounts equal to-- ``(A) the increase in the tax imposed under section 59A by reason of the last sentence of subsection (a) thereof, ``(B) the increase in the tax imposed under section 4611(c) by reason of paragraph (3) thereof, ``(C) the increase in the tax imposed under section 4661 by reason of subsection (d) thereof, and ``(D) the increase in the tax imposed under section 4671 by reason of the increase in tax under section 4661(d). ``(3) Expenditures from account.--Amounts in the Megasites and High Risk Sites Cleanup Account shall be available, as provided by appropriation Acts, for making expenditures in accordance with section 4 of the Superfund Equity and Megasite Remediation Act of 2007. ``(4) Reversion of unexpended funds.--Amounts remaining in the Megasites and High Risk Sites Cleanup Account shall revert to the Hazardous Substance Superfund on the date which is the later of-- ``(A) December 31, 2013, or ``(B) the date as of which the Administrator of the Environmental Protection Agency makes the determination under section 4 of such Act.''. (c) Effective Dates.-- (1) Excise taxes.--The amendments made by subsections (a) (other than paragraph (2) thereof) and (b) (other than paragraph (3) thereof shall take effect on the date of the enactment of this Act. (2) Income tax.--The amendments made by subsections (a)(2) and (b)(3) shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. EXPENDITURES FROM TRUST FUND. Amounts in the Megasites Cleanup and High Risk Sites Account established under section 9507(f) of the Internal Revenue Code of 1986 shall be used only for making expenditures in accordance with such section 9507(f) with respect to any site on the National Priorities List under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``Superfund'')-- (1) at which response is cumulatively estimated by the Administrator of the Environmental Protection Agency to cost more than $50,000,000, or (2) the Administrator has designated as presenting high health risks, including sites where hazardous substance exposure to humans remains uncontrolled, until such time as the Administrator determines by rule that no response actions are necessary to protect human health and the environment with respect to such sites. Before initiating a rulemaking under this section, the Administrator shall notify the Congress of the intention to initiate the rulemaking. SEC. 5. ANNUAL REPORTS TO CONGRESS. (a) In General.--The Administrator of the Environmental Protection Agency shall submit to the Congress each year, not later than 45 days after the date on which the President submits to the Congress the budget for a fiscal year, a report on the progress of response actions funded by the Hazardous Substance Superfund with respect to each non- Federal site placed on the National Priorities List. (b) Contents of Report.--Each such report shall include, with respect to response actions at each site, the following: (1) A statement of the number of sites at which a hazardous substance has been identified. (2) A statement of the status of response actions proposed for or initiated at each site. (3) A statement of the total cost estimated for such response actions at each site. (4) A statement of the amount of funds obligated by the Administrator for such response actions at each site, and the progress made in implementing the response actions at each site during the fiscal year preceding the year in which the report is submitted, including an explanation of-- (A) any cost overruns for such response actions, if the amount of funds obligated for those response actions exceeds the estimated cost for those response actions by the greater of 15 percent of the estimated cost or $10,000,000; and (B) any deviation in the schedule of more than 180 days for such response actions at each site. (5) A statement of the amount of funds allocated by the Administrator for, and the anticipated progress in implementing, such response actions during the fiscal year in which the report is submitted. (6) A statement of the amount of funds requested for such response actions for the 5 fiscal years following the fiscal year in which the report is submitted, and the anticipated progress in implementing such response actions for the fiscal year for which the budget is submitted. (7) A statement of the total costs incurred for such response actions as of the date of the submission of the report. (8) A statement of the estimated cost of completing all response actions required with respect to each site, including, where relevant, the estimated cost of such activities in each of the 5 fiscal years following the fiscal year in which the report is submitted. (9) A statement of the estimated schedule for completing all response actions at each site. (10) A statement of the activities, if any, including expenditures for grants awarded to communities for technical assistance.

Superfund Equity and Megasite Remediation Act of 2007 - Amends the Internal Revenue Code to reinstate the Hazardous Substance Superfund financing rate and the corporate environmental income tax, except in certain calendar quarters in which the unobligated balance in the Hazardous Substance Superfund exceeds $5.7 billion. Provides for a 50% increase in the Hazardous Substance Superfund financing rate and the corporate environmental income tax between 2008 and 2013 to fund response actions at Superfund sites estimated to cost more than $50 million (megasites) or which pose high health risks. Establishes the Megasites and High Risk Sites Cleanup Account in the Hazardous Substance Superfund. Transfers to such Account revenues resulting from the temporary 50% increase in the Hazardous Substance Superfund financing rate and the corporate environmental income tax. Requires the Administrator of the Environmental Protection Agency (EPA) to report to Congress annually on the progress of response actions funded by the Hazardous Substance Superfund.

A bill to amend the Internal Revenue Code of 1986 to extend the financing for Superfund for purposes of cleanup activities with respect to those Superfund sites for which removal and remedial action is estimated to cost more than $50,000,000, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Efficient Buildings Promotion Act''. SEC. 2. FEDERAL BUILDING ENERGY PERFORMANCE STANDARDS. (a) Standards.--Section 305(a)(3) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)) is amended by striking ``(3)(A)'' and all that follows through the end of subparagraph (B) and inserting the following: ``(3)(A) Not later than 1 year after the date of enactment of the Energy Efficient Buildings Promotion Act, the Secretary shall establish, by rule, revised Federal building energy performance standards that require that, for new Federal buildings and Federal buildings undergoing major renovations: ``(i) Each building shall be designed to meet the United States Green Building Council's Leadership in Energy and Environmental Design (LEED) silver level standard, or an equivalent standard approved by the Administrator of the Environmental Protection Agency. ``(ii) Each building shall be designed to achieve at least a 60 percent reduction compared to the regional average energy consumption (measured as site use intensity) for that building type, calculated according to regional 2003 Commercial Building Energy Consumption Survey data for commercial buildings (or Energy Information Administration national averages where such Commercial Building Energy Consumption Survey data is not available), and 2003 Energy Information Administration data for residential buildings. ``(iii) The buildings shall be designed so that the average fossil fuel energy consumption of the buildings of each Federal agency is reduced, as compared to such energy consumption by similar buildings, calculated according to regional 2003 Commercial Building Energy Consumption Survey data for commercial buildings (or Energy Information Administration national averages where Commercial Building Energy Consumption Survey data is not available), and 2003 Energy Information Administration data for residential buildings, by the percentage specified in the following table: ``Fiscal Year Percentage Reduction 2011................................. 70 2015................................. 80 2020................................. 90 2025................................. 100 ``(iv) Each building shall be designed to apply sustainable design principles to siting, design, and construction, and employ renewable energy strategies and technologies. ``(B) Not later than 1 year after the date of enactment of the Energy Efficient Buildings Promotion Act, the Secretary shall establish, by rule, revised Federal building energy performance standards that require that, for new buildings, with respect to which 10 percent or more of construction funding is provided by the Federal Government, and for such buildings undergoing major renovations: ``(i) Each building shall be designed to achieve at least a 50 percent reduction compared to the regional average energy consumption (measured as site use intensity) for that building type, calculated according to regional 2003 Commercial Building Energy Consumption Survey data for commercial buildings (or Energy Information Administration national averages where such Commercial Building Energy Consumption Survey data is not available), and 2003 Energy Information Administration data for residential buildings. ``(ii) Each building shall be designed so that the fossil fuel energy consumption of such building, as compared to such energy consumption by similar buildings, calculated according to regional 2003 Commercial Building Energy Consumption Survey data for commercial buildings (or Energy Information Administration national averages where Commercial Building Energy Consumption Survey data is not available), and 2003 Energy Information Administration data for residential buildings, represents a reduction of: ``Fiscal Year Percentage Reduction 2011................................. 60 2015................................. 70 2020................................. 80 2025................................. 90 2030................................. 100''. (b) Definition.--Section 303 of the Energy Conservation and Production Act (42 U.S.C. 6832) is amended by adding at the end the following new paragraph: ``(17) The term `major renovation' means the upgrade or replacement of two of the three major systems of a building (lighting, plumbing, and heating, ventilation, and air conditioning).''. SEC. 3. EXTENSION AND MODIFICATION OF CERTAIN ENERGY TAX PROVISIONS. (a) Nonbusiness Energy Property.-- (1) In general.-- (A) Increase in lifetime limitation.--Paragraph (1) of section 25C(b) of the Internal Revenue Code of 1986 is amended by striking ``$500'' and inserting ``$1,000''. (B) Increase in limitations for certain residential energy property.--Paragraph (3) of section 25C(b) of such Code is amended-- (i) by striking ``$50'' in subparagraph (A) and inserting ``$100'', (ii) by striking ``$150'' in subparagraph (B) and inserting ``$300'', and (iii) by striking ``$300'' in subparagraph (C) and inserting ``$600''. (C) Extension.--Subsection (g) of section 25C of such Code is amended by striking ``2007'' and inserting ``2013''. (2) Effective date.--The amendment made by this section shall apply to property installed after the date of the enactment of this Act. (b) New Energy Efficient Home Credit.-- (1) In general.-- (A) Increase in applicable amount.--Subparagraph (A) of section 45L(a)(2) of such Code is amended by striking ``$2,000'' and inserting ``$4,500''. (B) Extension.--Subsection (g) of section 45L of such Code is amended by striking ``2008'' and inserting ``2013''. (2) Effective date.--The amendments made by this section shall apply to property acquired after the date of the enactment of this Act. (c) Energy Efficient Commercial Buildings Deduction.-- (1) In general.-- (A) Increase in per square footage dollar amount.-- Subparagraph (A) of section 179D(b)(1) of such Code is amended by striking ``$1.80'' and inserting ``$2.75''. (B) Extension.--Subsection (h) of section 179D of such Code is amended by striking ``2008'' and inserting ``2013''. (2) Effective date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 4. STUDY. Not later than 1 year after the date of enactment of this Act, the Secretary of Energy shall conduct a study and make recommendations to Congress on whether to conform the incentives provided by the Internal Revenue Code of 1986, as provided in the Energy Policy Act of 2005, to the building energy performance goal contained in section 305(a)(3) of the Energy Conservation and Production Act, as amended by section 2(a) of this Act.

Energy Efficient Buildings Promotion Act - Amends the Energy Conservation and Production Act to direct the Secretary of Energy to establish, by rule, revised building energy performance standards for new federal buildings and those undergoing major renovations. Amends the Internal Revenue Code of 1986 to increase: (1) limitations for the nonbusiness energy property tax credit; (2) the applicable amount for the new energy efficient home credit; and (3) the per square footage dollar amount for the energy efficient commercial buildings deduction. Requires the Secretary to study and make recommendations to Congress on whether to conform certain Internal Revenue Code incentives, as provided in the Energy Policy Act of 2005, to the building energy performance goal established under this Act.

To provide for the establishment of energy performance standards for new Federal or federally supported buildings, and major renovations of Federal or federally supported buildings, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Economic Indicators Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) the Federal and State governments and private sector entities depend on the economic statistics published by the Federal Government; (2) questions have been raised about the accuracy of various measures including productivity, poverty, inflation, employment and unemployment, and wages and income; and (3) it is essential that these indicators accurately reflect underlying economic activity and conditions. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established the Commission on Economic Indicators (in this Act referred to as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 8 members of whom-- (A) 2 shall be appointed by the Majority Leader of the Senate, in consultation with the Chairmen and Ranking Members of the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Finance of the Senate, and the Joint Economic Committee; (B) 2 shall be appointed by the Minority Leader of the Senate, in consultation with the Chairmen and Ranking Members of the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Finance of the Senate, and the Joint Economic Committee; (C) 2 shall be appointed by the Speaker of the House of Representatives, in consultation with the Chairmen and Ranking Members of the Committee on Financial Services of the House of Representatives, the Committee on Ways and Means of the House of Representatives, and the Joint Economic Committee; and (D) 2 shall be appointed by the Minority Leader of the House of Representatives, in consultation with the Chairmen and Ranking Members of the Committee on Financial Services of the House of Representatives, the Committee on Ways and Means of the House of Representatives, and the Joint Economic Committee. (2) Qualifications.--Members of the Commission shall be-- (A) appointed on a nonpartisan basis; and (B) experts in the fields of economics, statistics, or other related professions. (3) Date.--The appointments of the members of the Commission shall be made not later than 60 days after the date of enactment of this Act. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chairman. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairman and Vice Chairman.--The Commission shall select a Chairman and Vice Chairman from among its members. SEC. 4. DUTIES OF THE COMMISSION. (a) Study.--The Commission shall conduct a study of-- (1) economic statistics collected and reported by United States Government agencies, including national income, employment and unemployment, wages, personal income, wealth, savings, debt, productivity, inflation, and international trade and capital flows; and (2) ways to improve the related statistical measurements so that such measurements provide a more accurate and complete depiction of economic conditions. (b) Consultation.--In conducting the study under this section, the Commission shall consult with-- (1) the Chairman of the Federal Reserve Board of Governors; (2) the Secretary of Commerce; (3) the Secretary of Labor; (4) the Secretary of the Treasury; (5) the Chairman of the Council of Economic Advisers; and (6) the Comptroller General of the United States. (c) Report.--Not later than 1 year after the date of the first meeting of the Commission, the Commission shall submit a report to Congress which shall contain a detailed statement of the findings and conclusions of the Commission, together with recommendations for such legislation and administrative actions as the Commission considers appropriate, including a recommendation of the appropriateness of establishing a similar commission after the termination of the Commission. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. The Commission shall maintain the same level of confidentiality for such information made available under this subsection as is required of the head of the department or agency from which the information was obtained. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (3) Personnel as federal employees.-- (A) In general.--The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of that title. (B) Members of board.--Subparagraph (A) shall not be construed to apply to members of the Commission. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 7. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits its report under section 4. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as necessary to carry out this Act.

Commission on Economic Indicators Act of 2006 - Establishes the Commission on Economic Indicators to study and report to Congress on: (1) economic statistics collected and reported by U.S. government agencies, including national income, employment and unemployment, wages, personal income, wealth, savings, debt, productivity, inflation, and international trade and capital flows; and (2) ways to improve the related statistical measurements so that they provide a more accurate and complete depiction of economic conditions.

A bill to establish the Commission on Economic Indicators to conduct a study and submit a report containing recommendations concerning the appropriateness and accuracy of the methodology, calculations, and reporting used by the Government relating to certain economic indicators.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disabled Veterans Life Insurance Enhancement Act of 2005''. SEC. 2. REDUCTION IN PREMIUMS UNDER SERVICE-DISABLED VETERANS INSURANCE PROGRAM. Section 1922(a) of title 38, United States Code, is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by striking the fourth sentence and all that follows and inserting the following: ``(2) Insurance granted under this section shall be issued upon the same terms and conditions as are contained in the standard policies of National Service Life Insurance, except that-- ``(A) the amount of such insurance shall be $50,000, or such lesser amount, evenly divisible by $10,000, as the insured may specify; ``(B) the premium rates for such insurance-- ``(i) for premiums for months beginning before the date of the enactment of the Disabled Veterans Life Insurance Enhancement Act of 2005 shall be based on the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 2\1/4\ percent per year; and ``(ii) for premiums for months beginning on or after that date shall be based upon the 2001 Commissioners Standard Ordinary Table of Mortality and interest at the rate of 4\1/2\ percent per year; ``(C) all cash, loan, paid-up, and extended values-- ``(i) for a policy issued under this section before the date of the enactment of the Disabled Veterans Life Insurance Enhancement Act of 2005 shall be based upon the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 2\1/4\ percent per year; and ``(ii) for a policy issued under this section on or after that date shall be based upon the 2001 Commissioners Standard Ordinary Table of Mortality and interest at the rate of 4\1/2\ percent per year; ``(D) all settlements on policies involving annuities shall be calculated on the basis of the Annuity Table for 1949, and interest at the rate of 2\1/4\ percent per year; ``(E) insurance granted under this section shall be on a nonparticipating basis; ``(F) all premiums and other collections for insurance under this section shall be credited directly to a revolving fund in the Treasury of the United States; and ``(G) any payments on such insurance shall be made directly from such fund. ``(3) Appropriations to the fund referred to in subparagraphs (F) and (G) of paragraph (2) are hereby authorized. ``(4) As to insurance issued under this section, waiver of premiums pursuant to section 602(n) of the National Service Life Insurance Act of 1940 and section 1912 of this title shall not be denied on the ground that the service-connected disability became total before the effective date of such insurance.''. SEC. 3. INCREASE TO $200,000 IN MAXIMUM COVERAGE UNDER VETERANS' MORTGAGE LIFE INSURANCE PROGRAM. (a) Increase.--Subsection (b) of section 2106 of title 38, United States Code, is amended-- (1) by inserting ``(1)'' after ``(b)''; (2) by designating the second, third, and fourth sentences as paragraphs (2), (3), and (4), respectively; (3) in paragraph (1), as designated by paragraph (1) of this subsection, by striking ``may not exceed'' and all that follows through ``on the housing unit.'' and inserting ``shall be the amount of the loan outstanding on the housing unit, except that-- ``(A) coverage may not exceed $200,000; and ``(B) a veteran may elect, in writing, to be covered for less than the maximum coverage available.''; and (4) in paragraph (2), as designated by paragraph (2) of this subsection, by striking ``of such insurance'' and inserting ``of insurance provided a veteran under this section''. (b) Conforming Amendment.--Subsection (g) of such section is amended by striking ``of this section or'' and inserting ``or an election under that subsection or by''. (c) Effective Date.--The amendments made by subsection (a) shall take effect at the end of the 120-day period beginning on the date of the enactment of this Act. SEC. 4. INCLUSION OF STILL-BORN CHILDREN IN DEPENDENT-COVERAGE UNDER SERVICEMEMBERS GROUP LIFE INSURANCE PROGRAM. (a) Coverage of Still-Born Children.--Section 1965(10) of title 38, United States Code, is amended by adding at the end the following new subparagraph: ``(C) The member's natural child from the fetal gestational age of 20 weeks (or from a fetal weight of 450 grams if gestational age cannot be determined), other than a case in which there is an induced termination of pregnancy.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as of November 1, 2001.

Disabled Veterans Life Insurance Enhancement Act of 2005 - Amends Federal provisions concerning service-disabled veterans' life insurance to make the amount of such insurance $50,000, or such lesser amount evenly divisible by $10,000. States that the premium rates for such insurance for months beginning: (1) before the date of enactment of this Act shall be based upon the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of two and one-fourth percent per year; and (2) on or after the date of enactment of this Act shall be based upon such Table at a four and one-half percent interest rate. Makes the same changes with respect to all policy cash, loan, paid-up, and extended values. Increases from $90,000 to $200,000 the maximum amount of veterans' mortgage life insurance coverage. Includes still-born children within dependent coverage under the Servicemembers Group Life Insurance program.

To amend title 38, United States Code, to enhance military and veterans' life insurance programs administered by the Secretary of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Home Mortgage and Loan Performance Registry Act of 2009''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) there is no standardized, centralized data readily available and reliable for government use that details national mortgage foreclosure rates for single-family housing, multifamily housing, and small farms, or mortgage default statistics; (2) currently there is no public database that is easily accessible to determine mortgage lending and foreclosure trends; (3) the Home Mortgage Disclosure Act of 1975 could be used as a means of collecting data at loan origination and using such information throughout the life of the loan; and (4) the current mortgage crisis demonstrates the need to establish a centralized system to collect and disclose such information. (b) Purpose.--The purpose of this Act is to establish a National Home Mortgage and Loan Performance Registry-- (1) to provide the public with timely mortgage performance information that can be used by the Departments of the Treasury and Housing and Urban Development, and other agencies of the Federal Government to monitor trends in the mortgage market, identify emerging problems, make decisions about necessary interventions, conduct research, and effectively evaluate the housing market in the United States and Federal housing programs; and (2) that meets the reporting needs and requirements of the Federal Housing Finance Agency to provide timely mortgage performance information. SEC. 3. ADDITIONAL INFORMATION REPORTED BY LENDER AT LOAN ORIGINATION. Section 304(b) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(b)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(5) a unique identification number for each mortgage loan, which shall be a part of the permanent record for such loan that is transmitted to any subsequent servicers of the loan; ``(6) for each mortgage loan, the appraised value of the residence for which the loan was made as of the time of the origination of the loan; ``(7) for each mortgage loan, a classification of the structure of the loan, by loan terms, including interest rate and repayment terms, such as 30-year fixed, balloon payment, 5- year adjustable rate, and such other categories as the Board may establish; and ``(8) for each mortgage loan, the lowest interest rate for which the borrower qualified without payment of discount points (commonly referred to as the par rate) to permit identification of mortgagors eligible for prime loans who were provided subprime loans.''. SEC. 4. REPORTING OF INFORMATION BY SERVICERS. Section 304 of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803) is amended by adding at the end the following new subsection: ``(n) Loan Servicer Information.-- ``(1) In general.--The Board shall, in conjunction with the Secretary of Housing and Urban Development, require other lending institutions, including servicers of mortgage loans, to submit to the appropriate agency, as identified under subsection (h), the information required under paragraph (2) if any of the events referred to in paragraph (3) occurs during the term of the loan. ``(2) Required information.--The information required under this paragraph with respect to a mortgage loan is-- ``(A) the year that the loan was originated; ``(B) the unique identifier number established for the loan (pursuant to subsection (b)(5)); ``(C) the type of event referred to in paragraph (3) that occurred with respect to the loan; and ``(D) in the case of any loan for which an event referred to in paragraph (3)(D) occurs-- ``(i) whether such event resulted in a new disclosure under subsections (a) and (b) for a new loan; ``(ii) a description of the loan modifications made, including any extension of amortization period, whether permanent or temporary, change in interest rate, write-down or recapitalization of any one or more of fees, delinquent interest, or principal obligation. ``(3) Loan events.--The events referred to in this paragraph are the following events: ``(A) The borrower under the loan becomes 90 days or more delinquent in payments due under the loan. ``(B) Foreclosure (including any judicial or nonjudicial foreclosure) is commenced with respect to the loan. ``(C) In the case of any loan that was in default or in foreclosure, the borrower under the loan becomes current with respect to obligations under the loan. ``(D) Any modification is made with respect to the terms of the loan. ``(E) Foreclosure is completed with respect to the loan. ``(4) Data collected by private sector.--The Board, in conjunction with the Secretary of Housing and Urban Development, shall collect any other information regarding mortgage loans, including information collected or held by servicers of mortgage loans, that the Board considers necessary to accomplish the purposes of this Act and the National Home Mortgage and Loan Performance Registry Act of 2009 and to provide a more comprehensive public home mortgage information system. ``(5) Definition.--For purposes of this paragraph, the term `servicer' means, with respect to a mortgage loan, the person responsible for receiving scheduled periodic payments by the borrower under the loan, including any payments for insurance, taxes, and any other amounts escrowed under the loan, and making payments of principal and interest and such other payments with respect to such amounts received from the borrower as may be required under the terms of the loan.''. SEC. 5. NATIONAL HOME MORTGAGE AND LOAN PERFORMANCE REGISTRY. The Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2801 et seq.) is amended by adding at the end the following new section: ``SEC. 312. NATIONAL HOME MORTGAGE AND LOAN PERFORMANCE REGISTRY. ``(a) Establishment.--The Board shall establish a National Home Mortgage and Loan Performance Registry (in this section referred to as the `Registry') to compile and make available information collected under this Act regarding the making of mortgage loans and the performance of such loans, including information regarding default and foreclosure occurrences and rates, for mortgage loans for single-family housing, multifamily housing, and small farms. ``(b) Quarterly Reports.-- ``(1) In general.--Using information collected in the Registry, the Board shall submit a report for each calendar quarter as promptly as possible after the conclusion of such quarter to the Congress, the Secretary of the Treasury, and the Secretary of Housing and Urban Development regarding the performance of mortgage loans outstanding during such quarter in the United States. ``(2) Information.--Each report under this subsection for a calendar quarter shall provide aggregate data regarding mortgage loans originated during the quarter, mortgage loan defaults and default rates during the quarter, and mortgage loan foreclosures and foreclosure rates during the quarter and such other data as the Board considers appropriate to assist the housing industry, the Federal Government, and State and local governments to make effective decisions regarding the provision of housing and Federal housing assistance. Such data shall be provided for mortgage loans for each census tract, zip code, county, metropolitan area, and State, based on the location of the property securing the loan. ``(3) Review and certification.--The Board shall review and certify the accuracy of the data included in each quarterly report under this subsection before submitting such report in accordance with paragraph (1). ``(4) Public availability.--The Board shall make each report under this subsection publicly available upon submission in accordance with paragraph (1).''. SEC. 6. REPORT TO CONGRESS ON IMPROVING REGISTRY. Not later than the expiration of the 18-month period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System, the Secretary of the Treasury, and Secretary of Housing and Urban Development shall jointly submit a report to the Congress setting forth any additional actions or authority necessary to provide for the National Home Mortgage and Loan Performance Registry (as established under the amendment made by section 5 of this Act) to-- (1) more accurately determine and report foreclosure rates for residential mortgages, including mortgage statistics, for single-family and multifamily housing and small farms in the United States; and (2) obtain information sufficient to allow-- (A) more effective use of the Registry to evaluate existing Federal housing programs; and (B) more effective use of the Registry to evaluate mortgage lending practices; and (3) to improve the function and purpose of the Registry. SEC. 7. REGULATIONS. Not later than the expiration of the 18-month period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall commence a rulemaking proceeding to issue any regulations necessary to amend, modify, and update the regulations of the Board regarding home mortgage disclosure (12 C.F.R. part 203; known as regulation C) in accordance with this Act and the amendments made by this Act.

National Home Mortgage and Loan Performance Registry Act of 2009 - Amends the Home Mortgage Disclosure Act of 1975 to require certain additional itemized mortgage loan data disclosures by depository institutions and mortgage servicers. Directs the Board of Governors of the Federal Reserve System to establish a National Home Mortgage and Loan Performance Registry to compile and make available information regarding the making of mortgage loans and their performance, including information regarding default and foreclosure occurrences and rates, for mortgage loans for single-family housing, multifamily housing, and small farms. Requires the Board to report quarterly to Congress, the Secretary of the Treasury, and the Secretary of Housing and Urban Development (HUD) regarding the performance of outstanding mortgage loans. Directs the Board and the Secretaries to report jointly to Congress regarding any additional actions or authority necessary to improve the Registry.

To create a National Home Mortgage and Loan Performance Registry to maintain an inventory of the supply and performance of home mortgage loans in the United States to show market trends and dynamics in the mortgage lending industry and provide detailed information on national mortgage foreclosure rates.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Memorial Preservation and Recognition Act of 2001''. SEC. 2. VETERANS' MEMORIAL RESTORATION FUND. (a) Establishment.--Part VI of title 38, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 87--MISCELLANEOUS MATTERS ``Sec. ``8701. Grants to provide for repair and upkeep of veterans memorials on public property. ``Sec. 8701. Grants to provide for repair and upkeep of veterans memorials on public property ``(a) The Secretary may make grants for the following purposes: ``(1) To cover the costs of the repair or restoration of any injury or depredation to a veterans' memorial on public property. ``(2) To cover any other cost associated with the repair, restoration, maintenance, or upkeep of veterans' memorials on public property. ``(b) A grant under subsection (a) with respect to a veterans' memorial shall be made to the individual or entity that has authority or responsibility for the upkeep and maintenance of the memorial. Any such grant shall be in such manner and in accordance with such criteria as the Secretary may prescribe. ``(c) Except as otherwise provided by law, a grant under this section shall be made from amounts in the fund established under subsection (d). ``(d)(1) There is established on the books of the Treasury a fund to be known as the `Veterans' Memorial Restoration Fund' (in this subsection referred to as the `Fund'). ``(2) There shall be deposited in the Fund amounts as follows: ``(A) Amounts appropriated to the Fund. ``(B) Amounts collected as civil penalties under section 1369(b) of title 18. ``(C) Amounts donated to the United States for purposes of deposit in the Fund. ``(D) Any other amounts transferred to the Fund under law. ``(3) Amounts in the Fund are available for the purpose of making grants under this section. Such amounts may not be used for any other purpose. ``(e) Amounts in the Fund are in addition to any other amounts available to the Secretary for purposes of the repair, restoration, maintenance, or upkeep of veterans' memorials. ``(f) In this section, the term `veterans' memorial' means a structure, plaque, statue, or other monument commemorating the service of any person or persons in the Armed Forces.''. (b) Clerical Amendments.--The tables of chapters at the beginning of title 38, United States Code, and at the beginning of part VI of that title, are each amended by adding at the end the following new item: ``87. Miscellaneous Matters................................. 8701''. SEC. 3. CRIMINAL AND CIVIL PENALTIES FOR DESECRATION OF VETERANS' MEMORIALS. (a) In General.--Chapter 65 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 1369. Desecration of veterans' memorials on public property ``(a) Whoever, in a circumstance described in subsection (c), willfully damages a veterans' memorial on public property shall be punished-- ``(1) if the cost of repairing the damage to such memorial exceeds the sum of $1,000, by a fine under this title or imprisonment for not more than 10 years, or both; and ``(2) if the cost of repairing the damage to such memorial does not exceed the sum of $1,000, by a fine under this title or imprisonment for not more than one year, or both. ``(b)(1) Whoever violates subsection (a) shall be subject to a civil penalty in an amount equal to the cost of repairing the damages upon which the violation is based. ``(2) A civil penalty for an offense under this subsection is in addition to any fine or penalty for the offense under subsection (a) or any other provision of law. ``(3) Amounts collected under this subsection shall be deposited in the Veterans' Memorial Restoration Fund under section 8701 of title 38. ``(c) The circumstance referred to in subsection (a) is that, in violating that subsection, the defendant-- ``(1) travels or causes another to travel in interstate or foreign commerce; or ``(2) uses the mail or an instrumentality of interstate or foreign commerce. ``(d) As used in this section, the term `veterans' memorial' means a structure, plaque, statue, or other monument commemorating the service of any person or persons in the Armed Forces of the United States.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 65 of title 18, United States Code, is amended by adding at the end the following new item: ``1369. Desecration of veterans' memorials.''. SEC. 4. HIGHWAY SIGNS RELATING TO VETERANS CEMETERIES. (a) In General.--Notwithstanding the terms of any agreement entered into by the Secretary of Transportation and a State under section 109(d) or 402(a) of title 23, United States Code, a veterans cemetery shall be treated as a site for which a supplemental guide sign may be placed on any Federal-aid highway. (b) Applicability.--Subsection (a) shall apply to an agreement entered into before, on, or after the date of the enactment of this Act.

Veterans' Memorial Preservation and Recognition Act of 2001 - Authorizes the Secretary of Veterans Affairs to make grants for the repair, restoration, or maintenance of veterans' memorials on public property.Establishes in the Treasury a Veterans' Memorial Restoration Fund consisting of appropriations, civil penalty amounts, and donations to fund such grants.Establishes criminal and civil penalties for the willful damage of such memorials.States that a veterans cemetery shall be treated as a site for which a supplemental guide sign may be placed on any Federal-aid highway.

To further the protection and recognition of veterans' memorials, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Health Record Incentives for Multi-Campus Hospitals Act of 2010''. SEC. 2. CLARIFICATION OF INCENTIVES FOR MULTI-CAMPUS HOSPITALS FOR ADOPTION AND MEANINGFUL USE OF CERTIFIED ELECTRONIC HEALTH RECORDS. (a) Special Rule for Applying Medicare EHR Incentive Payments to Remote Inpatient Locations of a Hospital.--Section 1886(n) of the Social Security Act (42 U.S.C. 1395ww(n)) is amended-- (1) in paragraph (2), by adding at the end the following new subparagraph: ``(H) Special rule for remote inpatient locations of a hospital.-- ``(i) In general.--In the case of an eligible hospital that consists of a qualified main provider and one or more qualified remote inpatient locations, the hospital may elect (in such form and manner as specified by the Secretary) for all applicable payment years to-- ``(I) substitute the base amount alternative described in clause (ii) for the base amount described in subparagraph (A)(i)(I); or ``(II) substitute the discharge related amount alternative described in clause (iii) for the discharge related amount described in subparagraph (A)(i)(II). The election described in the previous sentence, with respect to an eligible hospital, shall be made once for such hospital and shall apply to such hospital for all applicable payment years. ``(ii) Base amount alternative.--The base amount alternative described in this clause with respect to an eligible hospital is the product of-- ``(I) the base amount specified in subparagraph (B); and ``(II) the total number of all qualified component facilities of the hospital. An election to substitute the base amount alternative described in this clause shall not affect the computation of the discharge related amount specified in subparagraph (C) for the eligible hospital. ``(iii) Discharge related amount alternative.--The discharge related amount alternative described in this clause with respect to an eligible hospital for a 12-month period is determined as follows: ``(I) First, compute the amount under subparagraph (C) as if the phrase `estimated based upon total discharges for the eligible hospital (regardless of any source of payment) for the period divided by the total number of all component facilities of the hospital' were substituted for the phrase `estimated based upon total discharges for the eligible hospital (regardless of any source of payment) for the period'. ``(II) Then multiply the amount computed under subclause (I) by the total number of all qualified component facilities of such hospital. ``(iv) Definitions.--For purposes of this subsection: ``(I) Applicable payment year.--The term `applicable payment year' means the first payment year for which a hospital makes an election described in clause (i) and each subsequent payment year applicable to such hospital. ``(II) Component facility; qualified component facility.--The term `component facility' means, with respect to an eligible hospital, the main provider or any remote inpatient location of such hospital. The term `qualified component facility' means, with respect to a main provider, a qualified main provider and, with respect to a remote inpatient location, a qualified remote inpatient location. ``(III) Main provider; qualified main provider.--The term `main provider', with respect to an eligible hospital, has the meaning given such term in section 413.65(a)(2) of title 42, Code of Federal Regulations. The term `qualified main provider' means a main provider that is a meaningful EHR user for the reporting period involved. ``(IV) Remote inpatient location; qualified remote inpatient location.-- The term `remote inpatient location' means, with respect to an eligible hospital, a remote location of a hospital, as defined in and applied under section 413.65 of title 42, Code of Federal Regulations, that provides inpatient hospital services that are paid for under subsection (d). The term `qualified remote inpatient location' means, with respect to an eligible hospital, a location for which the eligible hospital has submitted to the Secretary, for the reporting period involved, an attestation (in such form and manner as specified by the Secretary) that certifies that the location is a remote inpatient location and a meaningful EHR user for such period.''; and (2) in paragraph (4)(A)-- (A) at the end of clause (ii), by striking ``and''; (B) at the end of clause (iii), by striking the period and inserting a semicolon; and (C) by adding at the end the following new clauses: ``(iv) the methodology and standards for determining a remote inpatient location, a qualified remote inpatient location, a component facility, a qualified component facility, a main provider, and a qualified main provider, as such terms are defined in paragraph (2)(H)(iv), and which such locations, facilities, and providers are qualified remote inpatient locations, qualified component facilities, and qualified main providers, as such terms are defined in such paragraph; and ``(v) the methodology and standards for the election described in paragraph (2)(H).''. (b) Implementation and Administration.-- (1) Implementation.--Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement by program instruction or otherwise this section. (2) Administration.--Chapter 35 of title 44, United States Code, shall not apply to the collection of information to carry out the amendments made by this section. (c) Effective Date.--The amendments made by this section shall apply as if included in the enactment of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5). SEC. 3. CLARIFICATION FOR MEDICAID EHR PAYMENT INCENTIVES. (a) In General.--Section 1903(t)(5) of the Social Security Act (42 U.S.C. 1396b(t)(5)) is amended-- (1) by adding at the end the following new subparagraph: ``(E) For purposes of determining the applicable amounts specified in subparagraph (A) of section 1886(n)(2), as applied by the first sentence of subparagraph (B)-- ``(i) the provisions of subparagraph (H) of such section shall apply to a Medicaid provider described in paragraph (2)(B) consisting of a qualified main provider and one or more qualified remote inpatient locations (as such terms are defined in clause (iv) of such subparagraph (H)) in the same manner and to the same extent that such subparagraph applies to an eligible hospital described in clause (i) of such subparagraph, except that-- ``(I) in applying the second sentence of clause (iv)(IV) of such subparagraph, with respect to a Medicaid provider described in paragraph (2)(B), in lieu of certifying that a remote inpatient location is a meaningful EHR user, the Medicaid provider shall certify that the remote inpatient location is described in paragraph (2)(B) and is in compliance with paragraph (6)(C) of this subsection for the year of payment involved; and ``(II) the first sentence of clause (iv)(IV) of such subparagraph shall be applied in the case of a Medicaid provider described in paragraph (2)(B)(i) without regard to the requirement that inpatient hospital services provided are paid for under section 1886(d); and ``(ii) an election made under subparagraph (H) of such section by an eligible hospital described in clause (i) of such subparagraph that is a Medicaid provider described in paragraph (2)(B), shall apply. The Secretary may make appropriate adjustments to the overall hospital EHR amount under subparagraph (B), with respect to a Medicaid provider described in paragraph (2)(B), to take into account the provisions of this subparagraph.''; and (2) in the first sentence of subparagraph (B), by inserting ``and subject to subparagraph (E)'' after ``For purposes of this paragraph''. (b) Effective Date.--The amendments made by this section shall apply as if included in the enactment of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5).

Electronic Health Record Incentives for Multi-Campus Hospitals Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act (SSA), with respect to payments to hospitals for inpatient hospital services, to prescribe a special rule for applying Medicare electronic health record (EHR) incentive payments, at the election of a qualified main hospital, to its remote inpatient locations. Prohibits administrative or judicial review of: (1) the methodology and standards for determining a remote inpatient location, a qualified remote inpatient location, a component facility, a qualified component facility, a main provider, and a qualified main provider, and which such locations, facilities, and providers are qualified; and (2) the methodology and standards for the election in connection with such special rule. Amends SSA title XIX (Medicaid) to set forth a special rule for applying Medicaid EHR incentive payments, at the election of a qualified main hospital, to its remote locations.

To amend titles XVIII and XIX of the Social Security Act to clarify the application of EHR payment incentives in cases of multi-campus hospitals.

SECTION 1. SHORT TITLE. This Act may be cited as ``The Consumer Bounty Act''. SEC. 2. AMENDMENT TO THE TOXIC SUBSTANCES CONTROL ACT. Section 20 of the Toxic Substances Control Act (15 U.S.C. 2619) is amended by adding at the end the following: ``(e) Consumer Bounty.--In any civil action brought under this section in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.''. SEC. 3. AMENDMENT TO THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977. Section 520 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1270) is amended by adding at the end the following: ``(g) In any civil action brought under this section in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.''. SEC. 4. AMENDMENT TO THE FEDERAL WATER POLLUTION CONTROL ACT. Section 505 of the Federal Water Pollution Control Act (33 U.S.C. 1365) is amended by adding at the end the following: ``(i) In any civil action brought under this section in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.''. SEC. 5. AMENDMENT TO THE SAFE DRINKING WATER ACT. Section 1449 of the Safe Drinking Water Act (42 U.S.C. 300j-8) is amended by adding at the end the following: ``(f) In any civil action brought under this section in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.''. SEC. 6. AMENDMENT TO THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT OF 1972. Section 105(g) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1415(g)) is amended by adding at the end the following: ``(6) In any civil action brought under this subsection in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.''. SEC. 7. AMENDMENT TO THE NOISE CONTROL ACT OF 1972. Section 12 of the Noise Control Act of 1972 (42 U.S.C. 4911) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: ``(f) In any civil action brought under this section in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.''. SEC. 8. AMENDMENT TO THE ENERGY POLICY AND CONSERVATION ACT. Section 335 of the Energy Policy and Conservation Act (42 U.S.C. 6305) is amended by adding at the end the following: ``(g) Consumer Bounty.--In any civil action brought under this section in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.''. SEC. 9. AMENDMENT TO THE SOLID WASTE DISPOSAL ACT. Section 7002 of the Solid Waste Disposal Act (42 U.S.C. 6972) is amended by adding at the end the following: ``(h) Consumer Bounty.--In any civil action brought under this section in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.''. SEC. 10. AMENDMENT TO THE CLEAN AIR ACT. Section 304 of the Clean Air Act (42 U.S.C. 7604) is amended by adding at the end the following: ``(h) Consumer Bounty.--In any civil action brought under this section in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.''. SEC. 11. AMENDMENT TO THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980. Section 310 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9659) is amended-- (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following: ``(i) Consumer Bounty.--In any civil action brought under this section in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.''. SEC. 12. AMENDMENT TO THE POWERPLANT AND INDUSTRIAL FUEL USE ACT OF 1978. Section 725 of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8435) is amended by adding at the end the following: ``(f) Consumer Bounty.--In any civil action brought under this section in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.''. SEC. 13. AMENDMENT TO THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO- KNOW ACT OF 1986. Section 326(a)(1) of the Emergency Planning and Community Right-To- Know Act of 1986 (42 U.S.C. 11046(a)(1)) is amended by adding at the end the following: ``(E) In any civil action brought under this paragraph in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.''. SEC. 14. AMENDMENT TO THE OUTER CONTINENTAL SHELF LANDS ACT. Section 23(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1349(a)) is amended by adding at the end the following: ``(7) In any civil action brought under this section in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.''. SEC. 15. PIPELINE SAFETY AMENDMENT. Section 60121 of title 49, United States Code, is amended by adding at the end the following: ``(e) Consumer Bounty.--In any civil action brought under this section in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.''.

Consumer Bounty Act - Directs courts to require defendants to pay a minimum of $10,000 to prevailing plaintiffs in civil actions brought under specified citizen suit provisions of: (1) the Toxic Substances Control Act (TSCA); (2) the Surface Mining Control and Reclamation Act of 1977; (3) the Federal Water Pollution Control Act (commonly known as the Clean Water Act); (4) the Safe Drinking Water Act; (5) the Marine Protection, Research, and Sanctuaries Act of 1972; (6) the Noise Control Act of 1972; (7) the Energy Policy and Conservation Act; (8) the Solid Waste Disposal Act; (9) the Clean Air Act; (10) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA); (11) the Powerplant and Industrial Fuel Use Act of 1978; (12) the Emergency Planning and Community Right-To-Know Act of 1986; (13) the Outer Continental Shelf Lands Act; and (14) pipeline safety laws. Makes multiple defendants in such actions jointly and severally liable.

To amend the citizen suit provisions in several statutes to impose an additional award to prevailing plaintiffs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civilian Extraterritorial Jurisdiction Act (CEJA) of 2010''. SEC. 2. ACCOUNTABILITY FOR CRIMINAL ACTS OF FEDERAL CONTRACTORS AND EMPLOYEES OUTSIDE THE UNITED STATES. (a) Extraterritorial Jurisdiction Over Federal Contractors and Employees.--Chapter 212A of title 18, United States Code, is amended-- (1) by transferring the text of section 3272 to the end of section 3271, redesignating such text as subsection (c) of section 3271, and, in such text, as so redesignated, by striking ``this chapter'' and inserting ``this section''; (2) by striking the heading of section 3272; and (3) by adding after section 3271, as amended by this subsection, the following new sections: ``Sec. 3272. Offenses committed by Federal contractors and employees outside the United States ``(a) Whoever, while employed by or accompanying any department or agency of the United States other than the Armed Forces, knowingly engages in conduct (or conspires or attempts to engage in conduct) outside the United States that would constitute an offense enumerated in subsection (c) had the conduct been engaged in within the United States or within the special maritime and territorial jurisdiction of the United States shall be punished as provided for that offense. ``(b) No prosecution for an offense may be commenced against a person under this section if a foreign government, in accordance with jurisdiction recognized by the United States, has prosecuted or is prosecuting such person for the conduct constituting the offense, except upon the approval of the Attorney General or the Deputy Attorney General (or a person acting in either such capacity), which function of approval may not be delegated. ``(c) The offenses covered by subsection (a) are the following: ``(1) Any offense under chapter 5 (arson) of this title. ``(2) Any offense under section 111 (assaulting, resisting, or impeding certain officers or employees), 113 (assault within maritime and territorial jurisdiction), or 114 (maiming within maritime and territorial jurisdiction) of this title, but only if the offense is subject to a maximum sentence of imprisonment of one year or more. ``(3) Any offense under section 201 (bribery of public officials and witnesses) of this title. ``(4) Any offense under section 499 (military, naval, or official passes) of this title. ``(5) Any offense under section 701 (official badges, identifications cards, and other insignia), 702 (uniform of armed forces and Public Health Service), 703 (uniform of friendly nation), or 704 (military medals or decorations) of this title. ``(6) Any offense under chapter 41 (extortion and threats) of this title, but only if the offense is subject to a maximum sentence of imprisonment of three years or more. ``(7) Any offense under chapter 42 (extortionate credit transactions) of this title. ``(8) Any offense under section 924(c) (use of firearm in violent or drug trafficking crime) or 924(o) (conspiracy to violate section 924(c)) of this title. ``(9) Any offense under chapter 50A (genocide) of this title. ``(10) Any offense under section 1111 (murder), 1112 (manslaughter), 1113 (attempt to commit murder or manslaughter), 1114 (protection of officers and employees of the United States), 1116 (murder or manslaughter of foreign officials, official guests, or internationally protected persons), 1117 (conspiracy to commit murder), or 1119 (foreign murder of United States nationals) of this title. ``(11) Any offense under chapter 55 (kidnapping) of this title. ``(12) Any offense under section 1503 (influencing or injuring officer or juror generally), 1505 (obstruction of proceedings before departments, agencies, and committees), 1510 (obstruction of criminal investigations), 1512 (tampering with a witness, victim, or informant), or 1513 (retaliating against a witness, victim, or an informant) of this title. ``(13) Any offense under section 1951 (interference with commerce by threats or violence), 1952 (interstate and foreign travel or transportation in aid of racketeering enterprises), 1956 (laundering of monetary instruments), 1957 (engaging in monetary transactions in property derived from specified unlawful activity), 1958 (use of interstate commerce facilities in the commission of murder for hire), or 1959 (violent crimes in aid of racketeering activity) of this title. ``(14) Any offense under section 2111 (robbery or burglary within special maritime and territorial jurisdiction) of this title. ``(15) Any offense under chapter 109A (sexual abuse) of this title. ``(16) Any offense under chapter 113B (terrorism) of this title. ``(17) Any offense under chapter 113C (torture) of this title. ``(18) Any offense under chapter 115 (treason, sedition, and subversive activities) of this title. ``(19) Any offense under chapter 118 (war crimes) of this title. ``(20) Any offense under section 401 (manufacture, distribution, or possession with intent to distribute a controlled substance) or 408 (continuing criminal enterprise) of the Controlled Substances Act (21 U.S.C. 841, 848), or under section 1002 (importation of controlled substances), 1003 (exportation of controlled substances), or 1010 (import or export of a controlled substance) of the Controlled Substances Import and Export Act (21 U.S.C. 952, 953, 960), but only if the offense is subject to a maximum sentence of imprisonment of 20 years or more. ``(d) In this section: ``(1) The term `employed by any department or agency of the United States other than the Armed Forces' means-- ``(A) employed as a civilian employee, a contractor (including a subcontractor at any tier), an employee of a contractor (or a subcontractor at any tier), a grantee (including a contractor of a grantee or a subgrantee or subcontractor at any tier), or an employee of a grantee (or a contractor of a grantee or a subgrantee or subcontractor at any tier) of any department or agency of the United States other than the Armed Forces; ``(B) present or residing outside the United States in connection with such employment; ``(C) in the case of such a contractor, contractor employee, grantee, or grantee employee, such employment supports a program, project, or activity for a department or agency of the United States other than the Armed Forces; and ``(D) not a national of or ordinarily resident in the host nation. ``(2) The term `accompanying any department or agency of the United States other than the Armed Forces' means-- ``(A) a dependant of-- ``(i) a civilian employee of any department or agency of the United States other than the Armed Forces; or ``(ii) a contractor (including a subcontractor at any tier), an employee of a contractor (or a subcontractor at any tier), a grantee (including a contractor of a grantee or a subgrantee or subcontractor at any tier), or an employee of a grantee (or a contractor of a grantee or a subgrantee or subcontractor at any tier) of any department or agency of the United States other than the Armed Forces, which contractor, contractor employee, grantee, or grantee employee is supporting a program, project, or activity for a department or agency of the United States other than the Armed Forces; ``(B) residing with such civilian employee, contractor, contractor employee, grantee, or grantee employee outside the United States; and ``(C) not a national of or ordinarily resident in the host nation. ``(3) The term `grant agreement' means a legal instrument described in section 6304 or 6305 of title 31, other than an agreement between the United States and a State, local, or foreign government or an international organization. ``(4) The term `grantee' means a party, other than the United States, to a grant agreement. ``(5) The term `Armed Forces' has the meaning given the term `armed forces' in section 101(a)(4) of title 10. ``Sec. 3273. Regulations ``The Attorney General, after consultation with the Secretary of Defense, the Secretary of State, and the Director of National Intelligence, shall prescribe regulations governing the investigation, apprehension, detention, delivery, and removal of persons described in sections 3271 and 3272 of this title.''. (b) Conforming Amendment.--The heading of chapter 212A of such title is amended to read as follows: ``CHAPTER 212A--EXTRATERRITORIAL JURISDICTION OVER OFFENSES OF CONTRACTORS AND CIVILIAN EMPLOYEES OF THE FEDERAL GOVERNMENT''. (c) Clerical Amendments.-- (1) Table of sections.--The table of sections at the beginning of chapter 212A of title 18, United States Code, is amended by striking the item relating to section 3272 and inserting the following new items: ``3272. Offenses committed by Federal contractors and employees outside the United States. ``3273. Regulations.''. (2) Table of chapters.--The item relating to chapter 212A in the table of chapters at the beginning of part II of such title is amended to read as follows: ``212A. Extraterritorial Jurisdiction Over Offenses of 3271''. Contractors and Civilian Employees of the Federal Government. SEC. 3. INVESTIGATIVE UNITS FOR CONTRACTOR AND EMPLOYEE OVERSIGHT. (a) Establishment of Investigative Units for Contractor and Employee Oversight.-- (1) In general.--The Attorney General, in consultation with the Secretary of Defense, the Secretary of State, the Secretary of Homeland Security, and the heads of any other departments or agencies of the Federal Government responsible for employing contractors or persons overseas-- (A) shall assign adequate personnel and resources through the creation of units (to be known as ``Investigative Units for Contractor and Employee Oversight'') to investigate allegations of criminal offenses under chapter 212A of title 18, United States Code (as amended by section 2(a) of this Act), and may authorize the overseas deployment of law enforcement agents and other government personnel for that purpose; and (B) shall include in the regulations prescribed under section 3273 of title 18, United States Code (as added by section 2(a) of this Act), provisions setting forth responsibility for the investigation of any incident in which-- (i) a weapon is allegedly discharged unlawfully by a person, while employed by or accompanying any department or agency of the United States other than the Armed Forces; or (ii) a person or persons are killed or seriously injured, or property valued greater than $10,000 is destroyed, as a result of conduct by a person, while employed by or accompanying any department or agency of the United States other than the Armed Forces. (2) Rule of construction.--Nothing in this subsection shall be construed to limit any authority of the Attorney General or any Federal law enforcement agency to investigate violations of Federal law or deploy personnel overseas. (b) Responsibilities of Attorney General.-- (1) Investigation.--The Attorney General shall have principal authority for the enforcement of chapter 212A of title 18, United States Code (as so amended), and shall have the authority to initiate, conduct, and supervise investigations of any alleged offenses under such chapter. (2) Arrest.--The Attorney General may designate and authorize any person serving in a law enforcement position in the Department of Justice or any person serving in a law enforcement position in any other department or agency of the Federal Government, including a member of the Diplomatic Security Service of the Department of State or a military police officer of the Armed Forces, to arrest outside the United States, in accordance with applicable international treaties, any person described in section 3271 or 3272 of title 18, United States Code (as so amended), if there is probable cause to believe such person committed an offense or offenses in such section 3271 or 3272. (3) Prosecution.--The Attorney General may establish such procedures the Attorney General considers appropriate to ensure that Federal law enforcement agencies refer offenses under section 3271 or 3272 of title 18, United States Code (as so amended), to the Attorney General for prosecution in a uniform and timely manner. (4) Assistance on request of attorney general.-- Notwithstanding any statute, rule, or regulation to the contrary, the Attorney General may request assistance from the Secretary of Defense, the Secretary of State, or the head of any other Executive agency to enforce section 3271 or 3272 of title 18, United States Code (as so amended). The assistance requested may include the following: (A) The assignment of additional personnel and resources to an Investigative Unit for Contractor and Employee Oversight established by the Attorney General under subsection (a). (B) An investigation into alleged misconduct or arrest of an individual suspected of alleged misconduct by agents of the Diplomatic Security Service of the Department of State present in the nation in which the alleged misconduct occurs. (5) Annual report.--Not later than one year after the date of the enactment of this Act, and annually thereafter for five years, the Attorney General shall, in consultation with the Secretary of Defense and the Secretary of State, submit to Congress a report containing the following: (A) The number of offenses under chapter 212A of title 18, United States Code (as so amended), received, investigated, and referred for prosecution by Federal law enforcement authorities during the previous year. (B) The number of prosecutions under chapter 212A of title 18, United States Code (as so amended), including the nature of the offenses and any dispositions reached, during the previous year. (C) The number, location, and any deployments of Investigative Units for Contractor and Employee Oversight to investigate offenses under chapter 212A of title 18, United States Code (as so amended), during the previous year. (D) Such recommendations for legislative or administrative action as the Attorney General considers appropriate to enforce chapter 212A of title 18, United States Code (as so amended), and the provisions of this section. (c) Executive Agency.--In this section, the term ``Executive agency'' has the meaning given that term in section 105 of title 5, United States Code. SEC. 4. EFFECTIVE DATE. (a) Immediate Effectiveness.--This Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Implementation.--The Attorney General and the head of any other department or agency of the Federal Government to which this Act applies shall have 90 days after the date of the enactment of this Act to ensure compliance with the provisions of this Act. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act or any amendment made by this Act shall be construed to limit or affect the application of extraterritorial jurisdiction related to any other Federal law. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. For each of the fiscal years 2010 through 2015, there are authorized to be appropriated to the Attorney General such sums as are necessary to carry out this Act.

Civilian Extraterritorial Jurisdiction Act (CEJA) of 2010 - Amends the federal criminal code to grant jurisdiction over and impose penalties on federal contractors and employees who commit certain crimes outside of the United States while employed by or accompanying any agency of the United States other than the Armed Forces. Sets forth the crimes under federal law that are covered by this Act. Directs the Attorney General to: (1) assign personnel and resources through Investigative Units for Contractor and Employee Oversight to investigate allegations of criminal offenses by federal contractors and employees; and (2) report to Congress annually on the number of criminal cases received, investigated, and referred for prosecution. Grants the Attorney General principal authority for the enforcement of this Act.

To amend title 18, United States Code, to provide accountability for the criminal acts of Federal contractors and employees outside the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be referred to as the ``Teen Parent Graduation and College Achievement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Each year, nearly 750,000 American teenagers ages 15 through 19 become pregnant, giving the United States the highest teenage pregnancy rate of all industrialized nations. (2) Overall, there has been an impressive decline in teen pregnancy and birth rates since the early 1990s. Between 2005 and 2006, however, teen pregnancy rates increased for the first time in 14 years. (3) Seventy percent of teenagers who become pregnant drop out of high school, and teenage fathers tend to complete, on average, one semester of high school fewer than men who delay fatherhood until they are 21 years or older. Fewer economic opportunities are available to these teenage parents. (4) Some teenagers drop out of school as a result of subsequent pregnancies. In 2006, subsequent pregnancies accounted for 85,000, or almost 20 percent, of all teenage pregnancies. (5) Marginalized racial or ethnic minority and immigrant communities generally have less access to the education, support, and services needed for healthy growth and development, and are at high risk for teenage pregnancy. (6) The high rate of teenage pregnancy in racial or ethnic minority and immigrant communities can lead to a disproportionate dropout rate in those communities. School systems in many such communities lack the funding and expertise to effectively counter high school teenage pregnancy dropout rates. (7) Fifty-two percent of Latina teens and 50 percent of African-American teen girls will become pregnant at least once before they are 20 years old. Birth rates among Latina and African-American youth ages 15 through 17 are more than twice the birth rates of Caucasian youth in the same age range. (8) The 2005 Youth Risk Behavior Survey contained the surprising finding that sexually active lesbian, gay, and bisexual youth are three times as likely to face an unwanted pregnancy as their heterosexual peers. (9) Only 51 percent of all teenage mothers, and 38 percent of teenage mothers who have a child before they turn 18, have a high school diploma, compared to 89 percent of all other women. (10) Parenthood is a leading cause of school dropout among teenage women. Of all teenage women who have dropped out of high school, 30 percent cited pregnancy or parenthood as a reason they dropped out, including 36 percent of Latina women and 38 percent of African-American women. (11) Two-thirds of all teenage births occur among teenagers ages 18 and 19. Birth rates among women of those ages have declined less significantly than among teenage women of other ages. These older teenage parents would benefit from the increased availability of services at institutions of higher education, particularly at community colleges. (12) The responsibilities of pregnancy and parenting can interfere with the attainment of a college degree. Sixty-one percent of women who have children after enrolling in community college do not graduate. Women who do not have children after enrollment graduate at a 65 percent higher rate than women who do. (13) Comprehensive support through schools, public agencies, and community-based organizations can reduce high school dropout rates and ensure that more pregnant and parenting teenagers complete high school and enroll in institutions of higher education. (14) More data on the prevalence of pregnant and parenting teenagers is needed so that Federal assistance reaches the communities in which it is most needed. SEC. 3. GRANTS FOR ASSISTANCE TO PREGNANT AND PARENTING STUDENTS AT ELEMENTARY AND SECONDARY SCHOOLS. (a) Establishment of Grant Program.--Part H of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended-- (1) in section 1803 (20 U.S.C. 6553)-- (A) by striking ``this part'' and inserting ``subparts 1 and 2''; (B) by inserting ``(a)'' before the first sentence; and (C) by adding at the end the following new subsection: ``(b) For the purpose of carrying out subpart 3, there are authorized to be appropriated $75,000,000 for each of fiscal years 2011 through 2015.''; (2) in section 1822(a) (20 U.S.C. 6561a(a)), by striking ``1803'' each place it appears and inserting ``1803(a)''; and (3) by adding at the end the following new subpart: ``Subpart 3--Grants for Assistance to Pregnant and Parenting Students ``SEC. 1840. GRANTS FOR ASSISTANCE TO PREGNANT AND PARENTING STUDENTS. ``(a) Grant Program Authorized.--The Secretary shall establish a program to award grants to local educational agencies to help pregnant and parenting students stay in school by expanding their access to services, including-- ``(1) tutoring; ``(2) pregnancy-related healthcare; ``(3) child care; ``(4) transportation; ``(5) after-school support; ``(6) academic counseling; ``(7) school social work services; or ``(8) family planning services, including services for subsequent pregnancy prevention. ``(b) Priority.--In awarding grants under subsection (a), the Secretary shall give priority to a local educational agency that, in the determination of the Secretary-- ``(1) is eligible for assistance under part A; ``(2) serves a school that will have a significant percentage of pregnant and parenting students in the period for which the grant is awarded; and ``(3) will expand the access of pregnant and parenting students to each service described in subsection (a). ``(c) Limitation on Amount of Grant.--The amount of a grant awarded under subsection (a) shall not exceed $500,000. ``(d) Grant Conditions.--As a condition of receiving a grant under subsection (a), a local educational agency-- ``(1) shall agree to enter into partnerships and share grant funds, when appropriate, with public agencies or with community-based organizations to carry out the purpose for which the grant is awarded; and ``(2) shall not use more than 10 percent of the amount of the grant for administrative costs. ``(e) Use of Funds.--Uses of funds from a grant awarded under subsection (a) may include-- ``(1) compensating teachers and other employees for performing additional services in carrying out the purpose of the grant; and ``(2) encouraging training practicums for graduate students in social work to carry out the purpose of the grant. ``(f) Application.--To be eligible to receive a grant under subsection (a), a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(g) Reporting.-- ``(1) Submission.--The Secretary shall submit to Congress a report on the program established under subsection (a), including the information specified in paragraph (2), on the following dates: ``(A) A date that is not later than September 30, 2013. ``(B) A date that is not later than January 1, 2016. ``(2) Contents.--A report submitted under paragraph (1) shall include the following information, as determined by the Secretary: ``(A) The number and graduation rate of pregnant and parenting students who benefit from the program, and their rate of enrollment in institutions of higher education. ``(B) The effectiveness of the program, in the long term, in reducing costs to the Federal government, including the costs of providing, to individuals affected by the program, benefits under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the Supplemental Nutrition Assistance Program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), and Federal foster care programs, and other income-tested or need-based benefits.''. (b) Clerical Amendment.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 note) is amended by inserting after the item relating to section 1830 the following: ``subpart 3--grants for assistance to pregnant and parenting students ``Sec. 1840. Grants for assistance to pregnant and parenting students.''. SEC. 4. GRANTS FOR ASSISTANCE TO PREGNANT AND PARENTING STUDENTS AT INSTITUTIONS OF HIGHER EDUCATION. Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended by adding at the end the following new subpart: ``Subpart 11--Grants for Assistance to Pregnant and Parenting Students ``SEC. 420S. GRANTS FOR ASSISTANCE TO PREGNANT AND PARENTING STUDENTS. ``(a) Grant Program Authorized.--The Secretary shall establish a program to award grants to institutions of higher education to help pregnant and parenting students stay in school by expanding their access to services, including-- ``(1) tutoring; ``(2) pregnancy-related healthcare; ``(3) child care; ``(4) transportation; ``(5) after-school support; ``(6) academic counseling; ``(7) school social work services; or ``(8) family planning services, including services for subsequent pregnancy prevention. ``(b) Priority.--In awarding grants under subsection (a), the Secretary shall give priority to an institution of higher education that, in the determination of the Secretary-- ``(1) will have a significant percentage of pregnant and parenting students in the period for which the grant is awarded; and ``(2) will expand the access of pregnant and parenting students to each service described in subsection (a). ``(c) Limitation on Amount of Grant.--The amount of a grant awarded under subsection (a) shall not exceed $500,000. ``(d) Grant Conditions.--As a condition of receiving a grant under subsection (a), an institution of higher education-- ``(1) shall agree to enter into partnerships and share grant funds, when appropriate, with public agencies or with community-based organizations to carry out the purpose for which the grant is awarded; and ``(2) may use no more than 10 percent of the amount of the grant for administrative costs. ``(e) Use of Funds.--Uses of funds from a grant awarded under subsection (a) may include-- ``(1) compensating teachers and other employees for performing additional services in carrying out the purpose of the grant; and ``(2) encouraging training practicums for graduate students in social work to carry out the purpose of the grant. ``(f) Application.--To be eligible to receive a grant under subsection (a), an institution of higher education shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(g) Reporting.-- ``(1) Submission.--The Secretary shall submit to Congress a report on the program established under subsection (a), including the information specified in paragraph (2), on the following dates: ``(A) A date that is not later than September 30, 2013. ``(B) A date that is not later than January 1, 2016. ``(2) Contents.--A report submitted under paragraph (1) shall include the following information, as determined by the Secretary: ``(A) The number and graduation rate of pregnant and parenting students who benefit from the program. ``(B) The effectiveness of the program, in the long term, in reducing costs to the Federal government, including the costs of providing, to individuals affected by the program, benefits under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the Supplemental Nutrition Assistance Program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), and Federal foster care programs, and other income-tested or need-based benefits. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $75,000,000 for each of fiscal years 2011 through 2015.''.

Teen Parent Graduation and College Achievement Act - Amends the Elementary and Secondary Education Act of 1965 and the Higher Education Act of 1965 to require the Secretary of Education to award grants to local educational agencies (LEAs) and institutions of higher education (IHEs) to help pregnant and parenting students stay in school by expanding their access to services. Includes tutoring, pregnancy-related health care, child care, transportation, after-school support, academic counseling, school social work, or family planning among such services. Requires LEA and IHE grantees to: (1) enter into partnerships and share grant funds, when appropriate, with public agencies or community-based organizations to help pregnant or parenting students stay in school; and (2) use no more than 10% of their grant for administrative costs.

To amend the Elementary and Secondary Education Act of 1965 and the Higher Education Act of 1965 to require the Secretary of Education to establish grant programs to help pregnant and parenting students stay in school, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Governmental Pension Plan Equalization Act of 2005''. SEC. 2. DEFINITION OF ``GOVERNMENTAL PLAN''. (a) Amendment to Internal Revenue Code of 1986.--Section 414(d) of the Internal Revenue Code of 1986 (definition of governmental plan) is amended by adding at the end the following: ``The term `governmental plan' includes a plan established or maintained for its employees by an Indian tribal government (as defined in section 7701(a)(40)), a subdivision of an Indian tribal government (determined in accordance with section 7871(d)), an agency instrumentality (or subdivision) of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing.'' (b) Amendment to Employee Retirement Income Security Act of 1974.-- Section 3(32) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(32)) is amended by adding at the end the following: ``The term `governmental plan' includes a plan established or maintained for its employees by an Indian tribal government (as defined in section 7701(a)(40)), a subdivision of an Indian tribal government (determined in accordance with section 7871(d)), an agency instrumentality (or subdivision) of an Indian tribal government, or an entity established under Federal, State, or tribal law that is wholly owned or controlled by any of the foregoing.'' SEC. 3. EXTENSION TO ALL GOVERNMENTAL PLANS OF CURRENT MORATORIUM ON APPLICATION OF CERTAIN NONDISCRIMINATION RULES APPLICABLE TO STATE AND LOCAL PLANS. (a) In General.-- (1) Subparagraph (G) of section 401(a)(5) and subparagraph (G) of section 401(a)(26) of the Internal Revenue Code of 1986 are each amended by striking ``section 414(d))'' and all that follows and inserting ``section 414(d)).''. (2) Subparagraph (G) of section 401(k)(3) of such Code and paragraph (2) of section 1505(d) of the Taxpayer Relief Act of 1997 (Public Law 105-34; 111 Stat. 1063) are each amended by striking ``maintained by a State or local government or political subdivision thereof (or agency or instrumentality thereof)''. (b) Conforming Amendments.-- (1) The heading of subparagraph (G) of section 401(a)(5) of the Internal Revenue Code of 1986 is amended by striking ``State and local governmental'' and inserting ``Governmental''. (2) The heading of subparagraph (G) of section 401(a)(26) of such Code is amended by striking ``Exception for State and local'' and inserting ``Exception for''. (3) Section 401(k)(3)(G) of such Code is amended by inserting ``Governmental plan.--'' after ``(G)''. SEC. 4. CLARIFICATION THAT TRIBAL GOVERNMENTS ARE SUBJECT TO THE SAME DEFINED BENEFIT PLAN RULES AND REGULATIONS APPLIED TO STATE AND OTHER LOCAL GOVERNMENTS, THEIR POLICE AND FIREFIGHTERS. (a) Amendments to Internal Revenue Code of 1986.-- (1) Police and firefighters.--Subparagraph (H) section 415(b)(2) of the Internal Revenue Code of 1986 (defining participant) is amended-- (A) in clause (i), by striking ``State or political subdivision'' and inserting ``State, Indian tribal government (as defined in section 7701(a)(40)), or any political subdivision''; and (B) in clause (ii)(I), by striking ``State or political subdivision'' each place it appears and inserting ``State, Indian tribal government (as so defined), or any political subdivision''. (2) State and local government plans.-- (A) In general.--Subparagraph (A) of section 415(b)(10) of such Code (relating to limitation to equal accrued benefit) is amended-- (i) by inserting ``, Indian tribal government (as defined in section 7701(a)(40)),'' after ``State''; (ii) by inserting ``any'' before ``political subdivision''; and (iii) by inserting ``any of'' before ``the foregoing''. (B) Conforming amendment.--The heading of paragraph (1) of section 415(b) of such Code is amended by striking ``Special rule for State and'' and inserting ``Special rule for State, Indian tribal, and''. (3) Government pick up contributions.--Paragraph (2) of section 414(h) of such Code (relating to designation by units of government) is amended by striking ``State or political subdivision'' and inserting ``State, Indian tribal government (as defined in section 7701(a)(40)), or any political subdivision''. (b) Amendments to Employee Retirement Income Security Act of 1974.--Section 4021(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1321(b)) is amended-- (1) in paragraph (12), by striking ``or'' at the end; (2) in paragraph (13), by striking ``plan.'' and inserting ``plan; or''; and (3) by adding at the end the following: ``(14) established and maintained for its employees by an Indian tribal government (as defined in section 7701(a)(40) of the Internal Revenue Code of 1986), a subdivision of an Indian tribal government (determined in accordance with section 7871(d) of such Code), an agency or instrumentality of an Indian tribal government or subdivision thereof, or an entity established under Federal, State, or tribal law that is wholly owned or controlled by any of the foregoing.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply to any year beginning before, on, or after the date of the enactment of this Act.

Governmental Pension Plan Equalization Act of 2005 - Amends the Internal Revenue Code (IRC) and the Employee Retirement Income Security Act of 1974 (ERISA) to specify that rules for governmental plans also apply to plans established for their employees by Indian tribal governments or their subdivisions, agencies, instrumentalities, or entities which they wholly own or control. Amends the IRC and the Taxpayer Relief Act of 1997 to extend to all governmental plans the prohibition against (moratorium on) application to State and local plans of certain nondiscrimination rules (requiring that the plan satisfy minimum participation standards and not discriminate in favor of highly compensated employees). Subjects tribal governments to the same defined benefit plan rules and regulations applied to State and other local governments, their police and firefighters.

A bill to amend the internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to clarify that federally recognized Indian tribal governments are to be regulated under the same government employer rules and procedures that apply to Federal, State, and other local government employers with regard to the establishment and maintenance of employee benefit plans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Women's History Museum and Federal Facilities Consolidation and Efficiency Act of 2011''. TITLE I--NATIONAL WOMEN'S HISTORY MUSEUM SEC. 101. SHORT TITLE. This title may be cited as the ``National Women's History Museum Act of 2011''. SEC. 102. DEFINITIONS. In this title, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) CERCLA.--The term ``CERCLA'' means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (3) Committees.--The term ``Committees'' means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (4) Museum.--The term ``Museum'' means the National Women's History Museum, Inc., a District of Columbia nonprofit corporation exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986. (5) Property.--The term ``Property'' means the property located in the District of Columbia, subject to survey and as determined by the Administrator, generally consisting of Squares 325 and 326 and a portion of Square 351. The Property is generally bounded by 12th Street, Independence Avenue, C Street, and the James Forrestal Building, all in Southwest Washington, District of Columbia, and shall include all associated air rights, improvements thereon, and appurtenances thereto. SEC. 103. CONVEYANCE OF PROPERTY. (a) Authority to Convey.-- (1) In general.--Subject to the requirements of this title, the Administrator shall convey the Property to the Museum, on such terms and conditions as the Administrator considers reasonable and appropriate to protect the interests of the United States and further the purposes of this title. (2) Agreement.--As soon as practicable, but not later than 180 days after the date of enactment of this Act, the Administrator shall enter into an agreement with the Museum for the conveyance. (3) Terms and conditions.--The terms and conditions of the agreement shall address, among other things, mitigation of developmental impacts to existing Federal buildings and structures, security concerns, and operational protocols for development and use of the property. (b) Purchase Price.-- (1) In general.--The purchase price for the Property shall be its fair market value based on its highest and best use as determined by an independent appraisal commissioned by the Administrator and paid for by the Museum. (2) Selection of appraiser.--The appraisal shall be performed by an appraiser mutually acceptable to the Administrator and the Museum. (3) Terms and conditions for appraisal.-- (A) In general.--Except as provided by subparagraph (B), the assumptions, scope of work, and other terms and conditions related to the appraisal assignment shall be mutually acceptable to the Administrator and the Museum. (B) Required terms.--The appraisal shall assume that the Property does not contain hazardous substances (as defined in section 101 of CERCLA (42 U.S.C. 9601)) or any other hazardous waste or pollutant that requires a response action or corrective action under any applicable environmental law. (c) Application of Proceeds.--The purchase price shall be paid into an account in the Federal Buildings Fund established under section 592 of title 40, United States Code. Upon deposit, the proceeds from the conveyance may only be expended subject to a specific future appropriation. (d) Quit Claim Deed.--The Property shall be conveyed pursuant to a quit claim deed. (e) Use Restriction.--The Property shall be dedicated for use as a site for a national women's history museum for the 99-year period beginning on the date of conveyance to the Museum. (f) Funding Restriction.--No Federal funds shall be made available-- (1) to the Museum for-- (A) the purchase of the Property; or (B) the design and construction of any facility on the Property; or (2) by the Museum or any affiliate of the Museum as a credit pursuant to section 104(b). (g) Reversion.-- (1) Bases for reversion.--The Property shall revert to the United States, at the option of the United States, without any obligation for repayment by the United States of any amount of the purchase price for the property, if-- (A) the Property is not used as a site for a national women's history museum at any time during the 99-year period referred to in subsection (e); or (B) the Museum has not commenced construction of a museum facility on the Property in the 5-year period beginning on the date of enactment of this Act, other than for reasons beyond the control of the Museum as reasonably determined by the Administrator. (2) Enforcement.--The Administrator may perform any acts necessary to enforce the reversionary rights provided in this section. (3) Custody of property upon reversion.--If the Property reverts to the United States pursuant to this section, such property shall be under the custody and control of the Administrator. (h) Closing.--The conveyance pursuant to this title shall occur not later than 3 years after the date of enactment of this Act. The Administrator may extend that period for such time as is reasonably necessary for the Museum to perform its obligations under section 104(a). SEC. 104. ENVIRONMENTAL MATTERS. (a) Authorization To Contract for Environmental Response Actions.-- In fulfilling the responsibility of the Administrator to address contamination on the Property, the Administrator may contract with the Museum or an affiliate of the Museum for the performance (on behalf of the Administrator) of response actions on the Property. (b) Crediting of Response Costs.-- (1) In general.--Any costs incurred by the Museum or an affiliate of the Museum using non-Federal funding pursuant to subsection (a) shall be credited to the purchase price for the Property. (2) Limitation.--A credit under paragraph (1) shall not exceed the purchase price of the Property. (c) No Effect on Compliance With Environmental Laws.--Nothing in this title, or any amendment made by this title, affects or limits the application of or obligation to comply with any environmental law, including section 120(h) of CERCLA (42 U.S.C. 9620(h)). SEC. 105. INCIDENTAL COSTS. Subject to section 104, the Museum shall bear any and all costs associated with complying with the provisions of this title, including studies and reports, surveys, relocating tenants, and mitigating impacts to existing Federal buildings and structures resulting directly from the development of the property by the Museum. SEC. 106. LAND USE APPROVALS. (a) Existing Authorities.--Nothing in this title shall be construed as limiting or affecting the authority or responsibilities of the National Capital Planning Commission or the Commission of Fine Arts. (b) Cooperation.-- (1) Zoning and land use.--Subject to paragraph (2), the Administrator shall reasonably cooperate with the Museum with respect to any zoning or other land use matter relating to development of the Property in accordance with this title. Such cooperation shall include consenting to applications by the Museum for applicable zoning and permitting with respect to the property. (2) Limitations.--The Administrator shall not be required to incur any costs with respect to cooperation under this subsection and any consent provided under this subsection shall be premised on the property being developed and operated in accordance with this title. SEC. 107. REPORTS. Not later than 1 year after the date of enactment of this Act, and annually thereafter until the end of the 5-year period following conveyance of the Property or until substantial completion of the museum facility (whichever is later), the Museum shall submit annual reports to the Administrator and the Committees detailing the development and construction activities of the Museum with respect to this title. TITLE II--FEDERAL TRADE COMMISSION AND THE NATIONAL GALLERY OF ART SEC. 201. SHORT TITLE. This title may be cited as the ``Federal Trade Commission and National Gallery of Art Facility Consolidation, Savings, and Efficiency Act of 2011''. SEC. 202. TRANSFER. Notwithstanding any other provision of law and not later than December 31, 2012, the Administrator of General Services shall transfer administrative jurisdiction, custody, and control of the building located at 600 Pennsylvania Avenue, NW, District of Columbia, to the National Gallery of Art for the purpose of housing and exhibiting works of art and to carry out administrative functions and other activities related to the mission of the National Gallery of Art. SEC. 203. REMODELING, RENOVATING, OR RECONSTRUCTING. (a) In General.--The National Gallery of Art shall pay for the costs of remodeling, renovating, or reconstructing the building referred to in section 202. (b) Federal Share.--No appropriated funds may be used for the initial costs for the remodeling, renovating, or reconstructing of the building referred to in section 202. (c) Prohibition.--The National Gallery of Art may not use sale, lease, or exchange, including leaseback arrangements, for the purposes of remodeling, renovating, or reconstructing the building referred to in section 202. SEC. 204. RELOCATION OF THE FEDERAL TRADE COMMISSION. (a) Relocation.--Not later than the date specified in section 202, the Administrator of General Services shall relocate the Federal Trade Commission employees and operations housed in the building identified in such section to not more than 160,000 usable square feet of space in the southwest quadrant of the leased building known as Constitution Center located at 400 7th Street, Southwest in the District of Columbia. (b) Occupancy Agreement.--Not later than 30 days following enactment of this Act, the Administrator of General Services and the Securities and Exchange Commission shall execute an agreement to assign or sublease the space (leased pursuant to a Letter Contract entered into by the Securities and Exchange Commission on July 28, 2010) as described in subsection (a), for the purposes of housing the Federal Trade Commission employees and operations relocating from the building located at 600 Pennsylvania Avenue, NW, District of Columbia, pursuant to subsection (a) of this section. SEC. 205. NATIONAL GALLERY OF ART. Beginning on the date that the National Gallery of Art occupies the building referred to in section 202-- (1) the building shall be known and designated as the ``North Building of the National Gallery of Art''; and (2) any reference in a law, map, regulation, document, paper, or other record of the United States to the building shall be deemed to be a reference to the ``North Building of the National Gallery of Art''.

National Women's History Museum and Federal Facilities Consolidation and Efficiency Act of 2011 - National Women's History Museum Act of 2011 - Directs the Administrator of General Services (GSA) to convey, by quitclaim deed, to the National Women's History Museum, Inc. (the Museum) specified property (commonly known as the "Cotton Annex" site) in the District of Columbia, on terms which the Administrator deems appropriate. Requires the purchase price for the property to be: (1) its market value based on its highest and best use, as determined by an independent appraisal performed under the assumption that the property does not contain any hazardous substances, waste, or pollutants requiring a response under applicable environmental laws; and (2) paid into the Federal Buildings Fund. Requires the property to be dedicated for use as a site for a national women's history museum for a 99-year period. Prohibits using federal funds to purchase the property or design and construct any facility on such property. Federal Trade Commission and National Gallery of Art Facility Consolidation, Savings, and Efficiency Act of 2011 - Requires the Administrator, not later than December 31, 2012, to transfer administrative jurisdiction, custody, and control of the building located at 600 Pennsylvania Avenue, NW, in Washington, DC, to the National Gallery of Art and to name such building as the North Building of the National Gallery of Art. Requires the National Gallery of Art to pay the costs of remodeling, renovating, or reconstructing such building. Prohibits the use of appropriated funds for the initial costs of such activities. Requires the Administrator to relocate the Federal Trade Commission (FTC) employees and operations housed in such building to specified space in the leased building known as the Constitution Center located at 400 7th Street, SW, in Washington, DC. Directs the Administrator and the Securities and Exchange Commission (SEC) to execute an occupancy agreement to assign or sublease such space.

A bill to authorize the Administrator of General Services to convey a parcel of real property in the District of Columbia to provide for the establishment of a National Women's History Museum and direct the Administrator of General Services to transfer administrative jurisdiction, custody, and control of the building located at 600 Pennsylvania Avenue, NW, in the District of Columbia, to the National Gallery of Art, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Senior Investor Initiative Act of 2018'' or the ``Senior Security Act of 2018''. SEC. 2. SENIOR INVESTOR TASKFORCE. Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is amended by adding at the end the following: ``(k) Senior Investor Taskforce.-- ``(1) Establishment.--There is established within the Commission the Senior Investor Taskforce (in this subsection referred to as the `Taskforce'). ``(2) Director of the taskforce.--The head of the Taskforce shall be the Director, who shall-- ``(A) report directly to the Chairman; and ``(B) be appointed by the Chairman, in consultation with the Commission, from among individuals-- ``(i) currently employed by the Commission or from outside of the Commission; and ``(ii) having experience in advocating for the interests of senior investors. ``(3) Staffing.--The Chairman shall ensure that-- ``(A) the Taskforce is staffed sufficiently to carry out fully the requirements of this subsection; and ``(B) such staff shall include individuals from the Division of Enforcement, Office of Compliance Inspections and Examinations, and Office of Investor Education and Advocacy. ``(4) Minimizing duplication of efforts.--In organizing and staffing the Taskforce, the Chairman shall take such actions as may be necessary to minimize the duplication of efforts within the divisions and offices described under paragraph (3)(B) and any other divisions, offices, or taskforces of the Commission. ``(5) Functions of the taskforce.--The Taskforce shall-- ``(A) identify challenges that senior investors encounter, including problems associated with financial exploitation and cognitive decline; ``(B) identify areas in which senior investors would benefit from changes in the regulations of the Commission or the rules of self-regulatory organizations; ``(C) coordinate, as appropriate, with other offices within the Commission, other taskforces that may be established within the Commission, self- regulatory organizations, and the Elder Justice Coordinating Council; and ``(D) consult, as appropriate, with State securities and law enforcement authorities, State insurance regulators, and other Federal agencies. ``(6) Report.--The Taskforce, in coordination, as appropriate, with the Office of the Investor Advocate and self- regulatory organizations, and in consultation, as appropriate, with State securities and law enforcement authorities, State insurance regulators, and Federal agencies, shall issue a report every 2 years to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, the first of which shall not be issued until after the report described in section 3 of the National Senior Investor Initiative Act of 2018 has been issued and considered by the Taskforce, containing-- ``(A) appropriate statistical information and full and substantive analysis; ``(B) a summary of recent trends and innovations that have impacted the investment landscape for senior investors; ``(C) a summary of regulatory initiatives that have concentrated on senior investors and industry practices related to senior investors; ``(D) key observations, best practices, and areas needing improvement involving senior investors identified during examinations, enforcement actions, and investor education outreach; ``(E) a summary of the most serious issues encountered by senior investors, including issues involving financial products and services; ``(F) an analysis with regard to existing policies and procedures of brokers, dealers, investment advisers, and other market participants related to senior investors and senior investor-related topics and whether these policies and procedures need to be further developed or refined; ``(G) recommendations for such changes to the regulations, guidance, and orders of the Commission and self-regulatory organizations and such legislative actions as may be appropriate to resolve problems encountered by senior investors; and ``(H) any other information, as determined appropriate by the Director of the Taskforce. ``(7) Sunset.--The Taskforce shall terminate after the end of the 10-year period beginning on the date of the enactment of this subsection, but may be reestablished by the Chairman. ``(8) Senior investor defined.--For purposes of this subsection, the term `senior investor' means an investor over the age of 65.''. SEC. 3. GAO STUDY. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress and the Senior Investor Taskforce the results of a study on the economic costs of the financial exploitation of senior citizens. (b) Contents.--The study required under subsection (a) shall include information with respect to-- (1) costs-- (A) associated with losses by victims that were incurred as a result of the financial exploitation of senior citizens; (B) incurred by State and Federal agencies, law enforcement and investigatory agencies, public benefit programs, public health programs, and other public programs as a result of the financial exploitation of senior citizens; and (C) incurred by the private sector as a result of the financial exploitation of senior citizens; and (2) any other relevant costs that-- (A) result from the financial exploitation of senior citizens; and (B) the Comptroller General determines are necessary and appropriate to include in order to provide Congress and the public with a full and accurate understanding of the economic costs resulting from the financial exploitation of senior citizens in the United States. (c) Senior Citizen Defined.--For purposes of this section, the term ``senior citizen'' means an individual over the age of 65.

National Senior Investor Initiative Act of 2018 or the Senior Security Act of 2018 This bill amends the Securities Exchange Act of 1934 to establish the Senior Investor Taskforce within the Securities and Exchange Commission. The taskforce must report on topics relating to investors over the age of 65, including industry trends and serious issues impacting such investors, and make recommendations for legislative or regulatory actions to address problems encountered by senior investors. The Government Accountability Office must report on the costs of the financial exploitation of senior citizens.

National Senior Investor Initiative Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mandatory Spending Control Act of 1993''. SEC. 2. PURPOSE. The purpose of this Act is to determine appropriate methods for limiting the growth of mandatory spending, including decreased funding levels, growth limits, and improved cost efficiency. SEC. 3. MANDATORY SPENDING CONTROL COMMISSION. (a) Establishment.--There is established an independent commission to be known as the ``Mandatory Spending Control Commission''. (b) Duties.--The Commission shall carry out the duties specified for it in this Act. (c) Appointment.--(1)(A) The Commission shall be composed of 9 members appointed by the President, by and with the advice and consent of the Senate. (B) By January 1, 1995, the President shall submit to the Senate the nominations of those first appointed to the Commission. (2) In selecting individuals for nominations for appointments to the Commission, the President should consult with-- (A) the Speaker of the House of Representatives concerning the appointment of 2 members; (B) the majority leader of the Senate concerning the appointment of 2 members; (C) the minority leader of the House of Representatives concerning the appointment of 1 member; and (D) the minority leader of the Senate concerning the appointment of 1 member. (3) At the time the President nominates individuals for appointment to the Commission, the President shall designate 1 such individual to serve as Chairman of the Commission. (4) A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Terms.--(1) Except as provided by paragraphs (2) and (3), members (including the member designated as chairman) shall be appointed for terms of 3 years. (2) Of the members first appointed-- (A) 1 appointed in consultation with the Speaker, 1 appointed in consultation with the majority leader of the Senate, and 1 appointed by the President shall be appointed for terms of 1 year; and (B) 1 appointed in consultation with the minority leader of the House of Representatives, 1 appointed in consultation with the minority leader of the Senate, and 1 appointed by the President shall be appointed for terms of 2 years. (3) Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of his term until his successor has taken office. No individual may serve on the Commission for more than 1 term. (e) Meetings.--(1) Each meeting of the Commission, other than meetings in which classified information is to be discussed, shall be open to the public. (2) All the proceedings, information, and deliberations of the Commission shall be open, upon request, to the chairman and ranking minority party member of the Committee on the Budget of each House of Congress. (f) Pay and Travel Expenses.--(1)(A) Each member, other than the Chairman, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. (B) The Chairman shall be paid for each day referred to in subparagraph (A) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (2) Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (g) Director of Staff.--(1) The Commission shall, without regard to section 5311(b) of title 5, United States Code, appoint a Director who has not served as a Federal employee during the one-year period preceding the date of such appointment. (2) The Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (h) Staff.--(1) Subject to paragraphs (2) and (3), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel. (2) The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for a position above GS-15 of the General Schedule. (3) Not more than one-third of the personnel employed by or detailed to the Commission may be on detail from any Government agency or from the legislative branch. (4) Upon request of the Chairman, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duties under this Act. (i) Consultants and Property.--(1) The Commission may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. (2) The Commission may lease space and acquire personal property to the extent funds are available. (j) Funding.--There are authorized to be appropriated $3,000,000 to the Commission for fiscal year 1995 and for each subsequent fiscal year to carry out its duties under this Act. Upon confirmation of all Commissioners, each cabinet level department shall transfer from its administrative expenses account necessary funding to the Commission on a pro rata basis based on that department's funding percentage of the total executive branch budget. (k) Termination.--The Commission shall terminate on the thirtieth calendar day beginning after the President notifies the Commission, in writing, that the budget has been in balance (or in surplus) for two consecutive fiscal years, unless, as a part of that notificiation, the President states that for budgetary reasons he has determined that the Commission shall not so terminate. SEC. 4. PROCEDURE FOR MAKING RECOMMENDATION FOR PROPOSED CUTS. (a) Review and Recommendations by the Commission.--(1) Before May 15 of each calendar year, the Commission shall examine and review all mandatory spending programs, and conduct public hearings, to determine appropriate methods for limiting the growth of these programs to 103 percent of aggregate spending for mandatory programs for the preceding fiscal year. (2) The Commission shall request recommendations for mandatory spending reductions from the heads of executive departments and agencies, chairmen of congressional committees, the Director of the Congressional Budget Office, the Director of the Office of Management and Budget, the Director of the General Accounting Office, and any other persons who may be of assistance. These heads shall also provide to the Commission information respecting programs within their jurisdiction. The Commission may also consider unsolicited comments. (3) Individuals named in paragraph (2) shall endeavor to promptly comply with requests made to them by the Commission under that paragraph. (b) The Commission shall, by May 15th, transmit to the President a report containing the Commission's findings and conclusions based on a review and analysis of the recommendations. (c) Review by the President.--The President shall, by June 1st, transmit to the Commission a report containing the President's comments and suggestions respecting the Commission's recommendations. (d) Final Recommendations.--After reviewing the comments and suggestions of the President, the Commission shall transmit, by June 15th, a report of its final recommendations to the Congress and to the public. This report shall take into account any net reduction in spending for mandatory programs set forth in the concurrent resolution on the budget (as agreed to) for the fiscal year covered by the report. If that concurrent resolution is in compliance with the growth limitation provision for that fiscal year as set forth in subsection (a)(1), then the report of the Commission shall recommend no congressional action respecting that fiscal year. (e) Growth Limitation.--All reports described in this section shall be in full compliance with the growth limitation provision of subsection (a)(1). (f) Criteria for Recommendations.--All reports described in this section shall set forth the criteria upon which its recommendations are based. SEC. 5. CONGRESSIONAL CONSIDERATION OF COMMISSION'S REPORT. (a) Definitions.--For purposes of this section-- (1) the term ``implementing bill'' means only a bill which is introduced as provided under subsection (b), and contains the proposed legislative recommendations contained in the final report submitted to the Congress under section 4(e) without modification; and (2) the term ``session day'' means a day that either the Senate or the House of Representatives is in session. (b) Introduction.--On the fifth calendar day beginning after the date on which a final report is submitted to the Congress under section 4(e), an implementing bill shall be introduced-- (1) in the Senate by the majority leader for himself and the minority leader; and (2) in the House of Representatives by the majority leader for himself and the minority leader. (c) Discharge.--If the committee to which an implementing bill is referred has not reported that bill within one month, that committee shall be immediately discharged from further consideration of such bill, and such bill shall be placed on the appropriate calendar of the House involved. (d) Consideration.--(1)(A) On or after the first day after the date on which the committee to which an implementing bill is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a bill, it is in order (even though a previous motion to the same effect has been disagreed to) for any member of the House of Representatives or the Senate, respectively, to move to proceed to the consideration of the bill (but only the day after the calendar day on which the member announces to the House concerned the member's intention to do so). (B) All points of order against an implementing bill (and against consideration of that bill) are waived except the point of order set forth in subsection (g). (C)(i) A motion to proceed to the consideration of an implementing bill is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. (ii) A motion described in clause (i) is not subject to amendment, to a motion to proceed to the consideration of other business, or to a motion to table. (iii) A motion to reconsider the vote by which a motion described in clause (i) is agreed to or not agreed to shall not be in order. (iv) If a motion described in clause (i) is agreed to, the House of Representatives or the Senate, as the case may be, shall immediately proceed to consideration of the bill without intervening motion, order, or other business, and the bill shall remain the unfinished business of the House of Representatives or the Senate, as the case may be, until disposed of. (2)(A) Debate on an implementing bill and on all debatable motions and appeals in connection therewith shall be limited to not more than 4 hours in the House of Representatives and 10 hours in the Senate, which shall be divided equally between those favoring and those opposing the bill. (B) An amendment to an implementing bill is not in order. This provision is not subject to a motion to suspend, nor can a unanimous consent agreement wave this section. (C) A motion further to limit debate on an implementing bill is in order and not debatable. (D) A motion to postpone consideration of an implementing bill, a motion to proceed to the consideration of other business, a motion to table, or a motion to recommit the bill is not in order. (E) A motion to reconsider the vote by which an implementing bill is agreed to or not agreed to is not in order. (3) Immediately following the conclusion of the debate on an implementing bill and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the House of Representatives or the Senate, as the case may be, the vote on final passage of the bill shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the House of Representatives or of the Senate, as the case may be, to the procedure relating to an implementing bill shall be decided without debate. (e) Consideration by Other House.--(1) If, before the passage by one House of an implementing bill that was introduced in that House, that House receives from the other House an implementing bill-- (A) the bill of the other House shall not be referred to a committee and may not be considered in the House that receives it otherwise than on final passage under subparagraph (B)(ii); and (B)(i) the procedure in the House that receives such a bill with respect to such a bill that was introduced in that House shall be the same as if no bill had been received from the other House; but (ii) the vote on final passage shall be on the bill of the other House. (2) Upon disposition of an implementing bill that is received by one House from the other House, it shall no longer be in order to consider such a bill that was introduced in the receiving House. (f) Date Certain.--If the Senate and the House of Representatives have not acted upon the implementing bill by July 20th, then on that day or the next day of session thereafter the bill shall be called up by the Presiding Officer of each House upon convening and a roll call vote shall be conducted on passage, but after that House of Congress has debated the bill pursuant to the provisions of subsections (d)(2)(A) and (C). If the bill passes one House, the bill shall be transmitted on the same legislative day to the other House and that House shall vote on passage of that bill on its next session day. (g) Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any implementing bill that is not in full compliance with the growth limitation provision of section 4(a)(1) or that contains any provision that increases taxes. (h) Rules of the Senate and House of Representatives.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of an implementing bill, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 6. BUDGET OUTLAY REDUCTIONS PERMANENT. All obligational authority reduced pursuant to this Act shall be done in a manner that shall make such reductions permanent. SEC. 7. ADDITIONAL ENFORCEMENT PROVISIONS. No reductions in direct spending pursuant to this Act shall be treated as a net deficit decrease for purposes of section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 8. COMPLIANCE REPORT BY COMPTROLLER GENERAL. Within 15 days after the end of a session of Congress, the Comptroller General shall submit to the Congress and the President a report stating whether the requirements of this Act have been complied with and indicating the respects (if any) in which they have not. SEC. 9. DEFINITIONS AND SCOREKEEPING. (a) Definition.--(1) As used in this Act, the term ``direct spending'' has the meaning given to that term by section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985. (2) As used in this Act, the term ``mandatory spending'' has the meaning given to ``direct spending'' by section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985, except that, for purposes of this Act only, it includes social security and excludes net interest and deposit insurance. (b) Scorekeeping.--The Congressional Budget Office shall prepare all necessary estimates to carry out this Act in conformance with its scorekeeping guidelines.

Mandatory Spending Control Act of 1993 - Establishes the Mandatory Spending Control Commission to determine appropriate methods for limiting the growth of mandatory spending programs. Sets forth procedures for the Commission to report legislative recommendations to the Congress. Provides for congressional consideration of a bill to implement such recommendations.

Mandatory Spending Control Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oregon Land Exchange Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) certain parcels of private land located in northeast Oregon are intermingled with land owned by the United States and administered-- (A) by the Secretary of the Interior as part of the Central Oregon Resource Area in the Prineville Bureau of Land Management District and the Baker Resource Area in the Vale Bureau of Land Management District; and (B) by the Secretary of Agriculture as part of the Malheur National Forest, the Wallowa-Whitman National Forest, and the Umatilla National Forest; (2) the surface estate of the private land described in paragraph (1) is intermingled with parcels of land that are owned by the United States or contain valuable fisheries and wildlife habitat desired by the United States; (3) the consolidation of land ownerships will facilitate sound and efficient management for both public and private lands; (4) the improvement of management efficiency through the land tenure adjustment program of the Department of the Interior, which disposes of small isolated tracts having low public resource values within larger blocks of contiguous parcels of land, would serve important public objectives, including-- (A) the enhancement of public access, aesthetics, and recreation opportunities within or adjacent to designated wild and scenic river corridors; (B) the protection and enhancement of habitat for threatened, endangered, and sensitive species within unified landscapes under Federal management; and (C) the consolidation of holdings of the Bureau of Land Management and the Forest Service-- (i) to facilitate more efficient administration, including a reduction in administrative costs to the United States; and (ii) to reduce right-of-way, special use, and other permit processing and issuance for roads and other facilities on Federal land; (5) time is of the essence in completing a land exchange because further delays may force the identified landowners to construct roads in, log, develop, or sell the private land and thereby diminish the public values for which the private land is to be acquired; and (6) it is in the public interest to complete the land exchanges at the earliest practicable date so that the land acquired by the United States can be preserved for-- (A) protection of threatened and endangered species habitat; and (B) permanent public use and enjoyment. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``Clearwater'' means Clearwater Land Exchange-- Oregon, an Oregon partnership that signed the document entitled ``Assembled Land Exchange Agreement between the Bureau of Land Management and Clearwater Land Exchange--Oregon for the Northeast Oregon Assembled Lands Exchange, OR 51858'', dated October 30, 1996, and the document entitled ``Agreement to initiate'' with the Forest Service, dated June 30, 1995, or its successors or assigns; (2) the term ``identified landowners'' means private landowners identified by Clearwater and willing to exchange private land for Federal land in accordance with this Act; (3) the term ``map'' means the map entitled ``Northeast Oregon Assembled Land Exchange/Triangle Land Exchange'', dated November 5, 1999; and (4) the term ``Secretary'' means the Secretary of the Interior or the Secretary of Agriculture, as appropriate. SEC. 4. BLM--NORTHEAST OREGON ASSEMBLED LAND EXCHANGE. (a) In General.--Upon the request of Clearwater, on behalf of the appropriate identified landowners, the Secretary of the Interior shall exchange the Federal lands described in subsection (b) for the private lands described in subsection (c), as provided in section 6. (b) BLM Lands To Be Conveyed.--The parcels of Federal lands to be conveyed by the Secretary to the appropriate identified landowners are as follows-- (1) the parcel comprising approximately 45,824 acres located in Grant County, Oregon, within the Central Oregon Resource Area in the Prineville District of the Bureau of Land Management, as generally depicted on the map; (2) the parcel comprising approximately 2,755 acres located in Wheeler County, Oregon, within the Central Oregon Resource Area in the Prineville District of the Bureau of Land Management, as generally depicted on the map; (3) the parcel comprising approximately 726 acres located in Morrow County, Oregon, within the Baker Resource Area of the Vale District of Land Management, as generally depicted on the map; and (4) the parcel comprising approximately 1,015 acres located in Umatilla County, Oregon, within the Baker Resource Area in the Vale District of the Bureau of Land Management, as generally depicted on the map. (c) Private Lands To Be Acquired.--The parcel of private lands to be conveyed by the appropriate identified landowners to the Secretary are as follows-- (1) the parcel comprising approximately 31,646 acres located in Grant County, Oregon, within the Central Oregon Resource Area in the Prineville District of the Bureau of Land Management, as generally depicted on the map; (2) the parcel comprising approximately 1,960 acres located in Morrow County, Oregon, within the Baker Resource Area in the Vale District of the Bureau of Land Management, as generally depicted on the map; and (3) the parcel comprising approximately 10,544 acres located in Umatilla County, Oregon, within the Baker Resource Area in the Vale District of the Bureau of Land Management, as generally depicted on the map. SEC. 5. FOREST SERVICE--TRIANGLE LAND EXCHANGE. (a) In General.--Upon the request of Clearwater, on behalf of the appropriate identified landowners, the Secretary of Agriculture shall exchange the Federal lands described in subsection (b) for the private lands described in subsection (c), as provided in section 6. (b) Forest Service Lands To Be Conveyed.--The National Forest System lands to be conveyed by the Secretary to the appropriate identified landowners comprise approximately 3,901 acres located in Grant and Harney Counties, Oregon, within the Malheur National Forest, as generally depicted on the map. (c) Private Lands To Be Acquired.--The parcels of private lands to be conveyed by the appropriate identified landowners to the Secretary are as follows-- (1) the parcel comprising approximately 3,752 acres located in Grant and Harney Counties, Oregon, within the Malheur National Forest, as generally depicted on the map; (2) the parcel comprising approximately 1,702 acres located in Baker and Grant Counties, Oregon, within the Wallowa-Whitman National Forest, as generally depicted on the map; and (3) the parcel comprising approximately 246 acres located in Grant and Wallowa Counties, Oregon, within or adjacent to the Umatilla National Forest, as generally depicted on the map. SEC. 6. LAND EXCHANGE TERMS AND CONDITIONS. (a) In General.--Except as otherwise provided in this Act, the land exchanges implemented by this Act shall be conducted in accordance with section 206 of the Federal Land Policy and Management Act (43 U.S.C. 1716) and other applicable laws. (b) Multiple Transactions.--The Secretary of the Interior and the Secretary of Agriculture may carry out a single or multiple transactions to complete the land exchanges authorized in this Act. (c) Completion of Exchanges.--Any land exchange under this Act shall be completed not later than 90 days after the Secretary and Clearwater reach an agreement on the final appraised values of the lands to be exchanged. (d) Appraisals.--(1) The values of the lands to be exchanged under this Act shall be determined by appraisals using nationally recognized appraisal standards, including as appropriate-- (A) the Uniform Appraisal Standards for Federal Land Acquisitions (1992); and (B) the Uniform Standards of Professional Appraisal Practice. (2) To ensure the equitable and uniform appraisal of the lands to be exchanged under this Act, all appraisals shall determine the best use of the lands in accordance with the law of the State of Oregon, including use for the protection of wild and scenic river characteristics as provided in the Oregon Administrative Code. (3)(A) all appraisals of lands to be exchanged under this Act shall be completed, reviewed and submitted to the Secretary not later than 90 days after the date Clearwater requests the exchange. (B) Not less than 45 days before an exchange of lands under this Act is completed, a comprehensive summary of each appraisal for the specific lands to be exchanged shall be available for public inspection in the appropriate Oregon offices of the Secretary, for a 15-day period. (4) After the Secretary approves the final appraised values of any parcel of the lands to be conveyed under this Act, the value of such parcel shall not be reappraised or updated before the completion of the applicable land exchange, except for any adjustments in value that may be required under subsection (e)(2). (e) Equal Value Land Exchange.--(1)(A) The value of the lands to be exchanged under this Act shall be equal, or if the values are not equal, they shall be equalized in accordance with section 206(b) of the Federal Land Policy and Management Act (43 U.S.C. 1716(b)) or this subsection. (B) The Secretary shall retain any cash equalization payments received under subparagraph (A) to use, without further appropriation, to purchase land from willing sellers in the State of Oregon for addition to lands under the administration of the Bureau of Land Management or the Forest Service, as appropriate. (2) If the value of the private lands exceeds the value of the Federal lands by 25 percent or more, Clearwater, after consultation with the affected identified landowners and the Secretary, shall withdraw a portion of the private lands necessary to equalize the values of the lands to be exchanged. (3) If any of the private lands to be acquired do not include the rights to the subsurface estate, the Secretary may reserve the subsurface estate in the Federal lands to be exchanged. (f) Land Titles.--(1) Title to the private lands to be conveyed to the Secretary shall be in a form acceptable to the Secretary. (2) The Secretary shall convey all right, title, and interest of the United States in the Federal lands to the appropriate identified landowners, except to the extent the Secretary reserves the subsurface estate under subsection (c)(2). (g) Management of Lands.--(1) Lands acquired by the Secretary of the Interior under this Act shall be administered in accordance with sections 205(c) of the Federal Land Policy and Management Act (43 U.S.C. 1715(c)), and lands acquired by the Secretary of Agriculture shall be administered in accordance with sections 205(d) of such Act (43 U.S.C. 1715(d)). (2) Lands acquired by the Secretary of the Interior pursuant to section 4 which are within the North Fork of the John Day subwatershed shall be administered in accordance with section 205(c) of the Federal Land Policy and Management Act (43 U.S.C. 1715(c)), but shall be managed primarily for the protection of native fish and wildlife habitat, and for public recreation. The Secretary may permit other authorized uses within the subwatershed if the Secretary determines, through the appropriate land use planning process, that such uses are consistent with, and do not diminish these management purposes. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Directs the Secretary of Agriculture to convey to certain identified private landowners all U.S. rights and interests in specified lands within the Malheur National Forest, Oregon, in exchange for the conveyance by such landowners of certain other parcels of lands within or adjacent to the Malheur, Wallowa-Whitman, and Umatilla National Forests in Oregon.Provides for: (1) appraisals and equalization of value received with respect to such land exchanges; and (2) administration and management of lands received by the United States. Requires lands acquired by the Secretary of the Interior within the North Fork of the John Day subwatershed to be managed primarily for the protection of native fish and wildlife habitat, and for public recreation.Authorizes appropriations.

Oregon Land Exchange Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf Coast Health Monitoring and Research Program Act of 2010''. SEC. 2. GULF COAST HEALTH MONITORING AND RESEARCH PROGRAM. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-5. GULF COAST HEALTH MONITORING AND RESEARCH PROGRAM. ``(a) In General.--To ensure that the Federal Government has independent, peer-reviewed scientific data and information to assess short-term and long-term direct and indirect impacts on the health of oil spill clean-up workers and vulnerable residents resulting from the Deepwater Horizon oil spill, the Secretary, in consultation with the Secretary of Labor, the Secretary of Commerce, and the Administrator of the Environmental Protection Agency, shall establish as soon as practicable after date of enactment of this section, a short-term and long-term comprehensive health screening, monitoring, and research program of oil spill workers and vulnerable residents, and of food safety affected by the oil spill in the Gulf of Mexico. ``(b) Scope of Program.--The program established under subsection (a) shall at a minimum include screening affected individuals for physical and behavioral health effects from the oil spill and the collection of exposure and health effects data on a statistically robust cohort of workers and vulnerable residents. In addition, this program shall include research on food safety of Gulf Coast seafood and the fresh water supply. This program shall coordinate with other Federal agencies, including the National Oceanic and Atmospheric Administration, the Occupational Safety and Health Administration, and the Environmental Protection Agency, to ensure that health-related data from exposures related to the oil spill or clean-up efforts in the possession of such agencies is made available to the program. Data collected by or on behalf of BP PLC shall also be included. ``(c) Research Advisory Committee.-- ``(1) Establishment.--Not later than 60 days after the date of enactment of this section, the Secretary shall appoint an independent technical advisory committee to be known as the Gulf Coast Health Research Advisory Committee. ``(2) Purpose.--The purpose of the Advisory Committee shall be-- ``(A) to offer high quality scientific research advice to the program established under this section, including proactive advice regarding each agency's long-term monitoring and research objectives relating to workers and vulnerable residents at risk from the Deepwater Horizon disaster and other oil spills; and ``(B) to provide a forum for ensuring that health concerns of workers and the public are considered in determining the priorities for scientific research. ``(3) Membership.-- ``(A) Composition.--The Advisory Committee shall be composed of at least 10 but not more than 15 members. Members shall be qualified by education, training, and experience to provide scientific and technical advice with regard to environmental health and occupational health methods and research, including epidemiology, dose reconstruction, toxicology, risk and health communication, and medical ethics. At least 4 members shall be representative of the concerned and affected populations, including 1 member to represent commercial fishermen who were part of the Vessel of Opportunities program organized by BP PLC to recruit boat owners to assist in the response to the Deepwater Horizon oil spill, 1 member to represent other workers involved in cleanup of spill, and 2 members to represent the potentially affected public in Gulf coastal communities. Consultants and nonvoting liaison representatives may be invited as needed. ``(B) Appointment and terms.--The Secretary shall appoint Advisory Committee members, including a chair and vice chair to the Advisory Committee. Each term of a member's service on the Advisory Committee shall be 3 years, except for initial terms, which may be up to 5 years in length to allow staggering. Members may be reappointed and may serve after expiration of their terms until their successors have been seated on the Advisory Committee. ``(C) Conflicts of interest.--The Secretary shall establish requirements to ensure that members of the Advisory Committee do not have any conflicts of interest. ``(4) Duties.--The Advisory Committee shall-- ``(A) provide advice on the development and implementation of the health research program; ``(B) respond to requests for advice from the appropriate Federal official on matters within the Advisory Committee's expertise; and ``(C) as appropriate, review reports or other documents submitted to the appropriate Federal officials pursuant to this section to obtain information on protecting the health and safety of cleanup workers and vulnerable communities. ``(d) Cooperation and Consultation.--In developing the research and monitoring program established under subsection (a), the Secretary shall consult with related agencies in the Department of Labor (including the Occupational Safety and Health Administration), the Department of Commerce (including the National Oceanic and Atmospheric Administration), and the Environmental Protection Agency, and shall consult with-- ``(1) appropriate representatives from the Gulf Coast States and localities; ``(2) local and State health department officials; ``(3) academic institutions and other research organizations; ``(4) worker representatives, community representatives, and other members of the Gulf Coast communities; and ``(5) other experts with expertise in human health and environmental monitoring and research. ``(e) Duties.--The primary duty of the program established in section (a) is to implement and carry out the health program, including collecting baseline health information, and conducting health screening, monitoring, surveillance, and research. The program specifically shall include the following research elements: ``(1) Exposure of workers and vulnerable residents to oil, dispersants, and other chemicals and physical hazards during the clean-up effort, including-- ``(A) information about the use of personal protective equipment; ``(B) biological sampling where appropriate; and ``(C) information on such exposure of workers and vulnerable residents who may be more susceptible to environmental health impacts due to their age, preexisting health status, pregnancy status, or other factors determined by the Secretary. ``(2) Acute health symptoms or biological findings during the active clean-up period. ``(3) Reproductive effects or effects on fetal or infant development, where relevant. ``(4) Chronic health effects, including genetic and immunological alterations in cells and tissues. ``(5) Mental health effects, including stress, anxiety, depression, PTSD, and related symptoms. ``(6) Levels of elevated hazardous substances in Gulf Coast seafood and local fresh water sources. ``(7) Other elements considered necessary by the Secretary to ensure a comprehensive environmental health research and monitoring program-- ``(A) to comprehend and understand the implications to worker and public health caused by the Deepwater Horizon oil spill; and ``(B) to make such recommendations to the Secretary as may assist in improving the response to, and management and monitoring of, any future oil spills. ``(f) Report.--No later than 1 year after the establishment of the program under subsection (a), and biennially thereafter, the Secretary shall forward to the Congress and make available to the public a comprehensive report summarizing the activities and findings of the program and detailing areas and issues requiring future monitoring and research. Reports shall continue for at least 20 years after the date of enactment of this section, and the Secretary may extend the reporting provision beyond this initial period based upon a determination that additional monitoring and research is warranted. After 3 years, the Advisory Committee shall issue a report, forwarded to the Congress and made available to the public, examining lessons learned and a blueprint of best practices to handle future environmental health disasters, including strategies for rapid deployment of data collection and health monitoring and registering of individuals exposed to the environmental health disaster. ``(g) Disclosure Authority.--The Secretary may by order compel BP PLC to provide health-related data and information collected by or on behalf of BP PLC, except to the extent such data or information is protected from disclosure under Federal law. ``(h) Availability of Data.--The Secretary shall maintain and archive information obtained or generated through the program established under subsection (a) in a manner that will facilitate use of such information for the health monitoring and research purposes of the program and ensure that it is accessible and available to governmental and nongovernmental personnel for relevant research in accordance with applicable State and Federal law. Individual health information shall be handled in a manner that will protect individual patient confidentiality. ``(i) Definitions.--For the purposes of this section-- ``(1) the term `Gulf Coast State' means each of the States of Texas, Louisiana, Mississippi, Alabama, and Florida; ``(2) the term `Advisory Committee' means the Gulf Coast Health Research Advisory Committee established under subsection (c). ``(3) the term `vulnerable residents' means individuals who live in Gulf Coast States in areas where they may be exposed to hazardous substances related to the oil spill; and ``(4) the term `workers' means paid or volunteer staff participating in the Deepwater Horizon oil spill cleanup.''.

Gulf Coast Health Monitoring and Research Program Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to establish a short-term and long-term comprehensive health screening, monitoring, and research program of: (1) oil spill workers and vulnerable residents; and (2) food safety affected by the oil spill in the Gulf of Mexico. Directs the Secretary to appoint the Gulf Coast Health Research Advisory Committee in order to: (1) offer high-quality scientific research advice to the program established under this Act, including proactive advice regarding each federal agency's long-term monitoring and research objectives relating to workers and vulnerable residents at risk from the Deepwater Horizon disaster and other oil spills; and (2) provide a forum for ensuring that health concerns of workers and the public are considered in determining the priorities for scientific research. Requires the Secretary to ensure that members of the Advisory Committee do not have any conflicts of interest. Requires the Advisory Committee to: (1) provide advice on the development and implementation of the health research program; (2) respond to requests for advice from the appropriate federal official on matters within the Advisory Committee's expertise; and (3) as appropriate, review reports or other documents submitted to the appropriate federal officials pursuant to this Act to obtain information on protecting the health and safety of cleanup workers and vulnerable communities. Authorizes the Secretary to compel BP PLC to provide health-related data and information collected by or on behalf of BP PLC, except to the extent such data or information is protected from disclosure under federal law.

To amend the Public Health Service Act to ensure that the Federal Government has independent, peer-reviewed scientific data and information to assess short-term and long-term direct and indirect impacts on the health of oil spill clean-up workers and vulnerable residents resulting from the Deepwater Horizon oil spill, and for other purposes.

SECTION 1. SPECIAL TAX TREATMENT FOR CERTAIN LIFE INSURANCE CONTRACTS AND TRUSTS RELATING TO DISABLED INDIVIDUALS. (a) Deduction Allowed.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 220 as section 221 and by inserting after section 219 the following new section: ``SEC. 220. PREMIUMS ON LIFE INSURANCE FOR THE BENEFIT OF DISABLED INDIVIDUALS. ``(a) Deduction Allowed.--In the case of an individual, there shall be allowed as a deduction an amount equal to the aggregate qualified life insurance premiums paid or incurred by the taxpayer during the taxable year. ``(b) Definitions and Special Rule Relating to Qualified Disabled Individual's Life Insurance.--For purposes of this section-- ``(1) Qualified life insurance premiums.--The term `qualified life insurance premium' means the premium under a qualified disabled individual's life insurance contract. ``(2) Qualified disabled individual's life insurance contract.--The term `qualified disabled individual's life insurance contract' means any life insurance contract which meets the following requirements on each day (on which such contract is in effect) of the taxpayer's taxable year: ``(A) The exclusive beneficiary of the contract is a qualified disabled individual's trust. ``(B) All individuals who are named (at the time such trust is established) as the income beneficiaries of the trust are disabled individuals. ``(C) The contract insures-- ``(i) the life of the taxpayer, ``(ii) in the case of a taxpayer who is married, the life of the spouse of the taxpayer or the lives of the taxpayer and the spouse, or ``(iii) in the case of a taxpayer who is divorced, the life of the former spouse of such taxpayer or the lives of the taxpayer and the former spouse. ``(D) All incidents of ownership in the contract are held by the taxpayer. ``(E) The face amount of the contract does not exceed $1,000,000. ``(3) Disabled individual.--The term `disabled individual' means, with respect to any calendar year, any individual-- ``(A) who is unable, by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 10 years, to engage in the performance of personal services for which such individual would have been paid not less than the amount which is equal to 2 times the full-time minimum wage amount for such calendar year (or, in the case of an individual who has not attained age 18, who suffers from any medically determinable physical or mental impairment of comparable severity), and ``(B) whose adjusted gross income for such calendar year does not exceed the amount which is equal to 2 times the full-time minimum wage amount for such calendar year. ``(4) Full-time minimum wage amount.--The term `full-time minimum wage amount' means an amount equal to the amount of gross income an individual would earn if such individual were employed and paid for 2,000 hours of service during any calendar year at the minimum wage rate applicable for such calendar year under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)). ``(5) Limitation and special rule on number of policies taken into account per disabled individual.--If the taxpayer has more than 1 life insurance contract which, but for this paragraph, would be qualified disabled individual's life insurance contracts for any taxable year with respect to any disabled individual-- ``(A) only one of such contracts may be treated as a qualified disabled individual's life insurance contract for such taxable year, and ``(B) the taxpayer shall designate which of such contracts shall be so treated for such taxable year. ``(c) Qualified Disabled Individual's Trust Defined.--For purposes of this section-- ``(1) In general.--The term `qualified disabled individual's trust' means a trust created or organized in the United States which may accumulate income or distribute corpus and all the income beneficiaries of which are one or more individuals each of whom is a disabled individual at the time such trust is established; but only if the written governing instrument creating the trust meets the following requirements: ``(A) At all times each trustee is a bank (as defined in section 408(n)), a life insurance company, a member in good standing of the bar of the highest court of any State, or a member of the family of any income beneficiary of the trust. ``(B) At all times at least one trustee is a person who is not a member of the family of any income beneficiary of the trust. ``(C) If at any time the trust has more than 3 trustees serving concurrently, at least one-third of all such trustees are persons who are not members of the family of any income beneficiary of the trust. ``(D) Before the death of the last to die of all individuals who are income beneficiaries of the trust, the corpus of the trust and any net accumulated income of the trust may be distributed only for the benefit of such individuals. ``(2) Member of the family defined.--The term `member of the family' means, with respect to any individual, any spouse, former spouse, parent, child, grandchild, brother, or sister of such individual. For purposes of the preceding sentence, the term `parent' includes the stepmother and stepfather of such individual and any individual who has legally adopted such individual. ``(d) Tax Treatment of Distributions From Trust.-- ``(1) Amount distributed excluded from gross income of disabled individual.--Notwithstanding section 662(a), gross income of an individual who is an income beneficiary of a qualified disabled individual's trust does not include any amount distributed from such trust to such individual in a calendar year in which such individual is a disabled individual. ``(2) Section 661 deduction and credit or refund for taxes deemed distributed allowed.--Notwithstanding the application of paragraph (1) to any distribution from a qualified disabled individual's trust to the individual for whose benefit such trust was established-- ``(A) the amount of such distribution shall be allowed as a deduction for such trust to the extent such deduction is otherwise allowable under section 661, and ``(B) the amount of taxes deemed distributed to the income beneficiaries under section 666(b) and (c) shall, under regulations prescribed by the Secretary, be available to the trust as a credit against the trust's income tax liability computed without such credit or as a refund of the trust's income tax payments previously made. The taxable year or years of the trust for which such credit or refund shall be applicable shall be determined under the same regulations.'' (b) Deduction Allowable Whether or Not Taxpayer Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (13) the following new paragraph: ``(14) Premiums on life insurance for the benefit of disabled individuals.--The deduction allowed by section 220.'' (c) Insurance Contract Proceeds Excluded From Gross Estate of Holder and Included in Gross Estate of Beneficiary of Trust.--Section 2042 of such Code (relating to estate tax treatment of the proceeds of life insurance) is amended-- (1) by striking out ``The value of the gross estate'' and inserting in lieu thereof ``(a) In General.--The value of the gross estate'', and (2) by adding at the end thereof the following new subsection: ``(b) Proceeds of Qualified Disabled Individual's Life Insurance Contract.--For purposes of this chapter-- ``(1) Exclusion from estate on death of insured.--If a life insurance contract on the life of the decedent is a qualified disabled individual's life insurance contract (within the meaning of section 220(b)(2)) on the date of the decedent's death and on at least 80 percent of the days on which such contract is in effect, the value of the gross estate of the decedent shall not include any portion of the proceeds of such contract. ``(2) Inclusion in estate on death of beneficiary of trust.--On the death of the last to die of all individuals who are the income beneficiaries of a qualified disabled individual's trust (as defined in section 220(c)), an amount equal to the sum of-- ``(A) any remaining portion of the corpus of the trust which is attributable to the proceeds of any qualified disabled individual's life insurance contract, and ``(B) any remaining accumulated income of the trust which is attributable to such proceeds, shall be included in the gross estate of such individual and shall be subject to the tax imposed under section 2001 in the manner provided in paragraph (3). ``(3) Paragraph (2) amount subject to tax at highest rate.--The amount of the tax imposed under section 2001(a) on the taxable estate of any individual referred to in paragraph (2) shall be the sum of the amounts computed separately as follows: ``(A) The amount determined under section 2001(b) for the amount of the taxable estate reduced by the amount which is attributable to the amount included in the gross estate under paragraph (2) (taking into account any deduction allowed with respect to such paragraph (2) amount). ``(B) The amount determined for the amount of such taxable estate which is attributable to the amount included in the gross estate under paragraph (2) (taking into account any such deduction) by applying the highest rate provided in section 2001(c) to such amount.'' (d) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and by inserting the following new items: ``Sec. 220. Premiums on qualified disabled individual's life insurance contracts. ``Sec. 221. Cross reference.'' (e) Effective Date.--The amendments made by this section shall apply with respect to premiums under a qualified disabled individual's life insurance contract paid or incurred after the close of the 1st calendar year ending after the date of the enactment of this Act, in taxable years ending after the close of such year.

Amends the Internal Revenue Code to permit an individual income tax deduction for premiums paid or incurred by the taxpayer for a life insurance contract having as its exclusive beneficiary the trust of disabled members of the taxpayer's family. Sets forth qualifying criteria for such contracts and for their beneficiary trusts.

To allow a deduction for the amount of the premiums paid on a life insurance contract the beneficiary of which is a trust established for the benefit of a disabled individual, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Barbara McClintock AIDS Cure Act''. SEC. 2. ESTABLISHMENT OF BARBARA MCCLINTOCK PROJECT FOR CURING AIDS. (a) In General.--The Secretary of Health and Human Services shall in accordance with this Act establish a project for the purpose of developing a cure for acquired immune deficiency syndrome (in this Act referred to as ``AIDS''). The program may not be administered by any officer or employee of the National Institutes of Health. Subject to the preceding sentence, the Secretary shall designate an official of the Department of Health and Human Services to be the head of such project, and shall carry out this Act acting through such official. (b) Definition.--For purposes of this Act, the term ``cure'', with respect to AIDS, means any and all approaches which will ensure a well- functioning immune system and a normal life span with a reasonable quality of life. (c) Certain Requirements.--The Secretary, in carrying out the project under subsection (a), shall ensure that the following requirements are met: (1) The project shall pursue any and all basic science investigations, based on diverse theories and schools of thought which elucidate the pathogenesis of AIDS. (2) The project shall identify, based on this work, all promising curatives and to oversee their timely and adequate testing through the extraordinary powers detailed in section 5. SEC. 3. EFFICIENT AND COOPERATIVE MANAGEMENT OF PROJECT. (a) In General.--The Secretary, in carrying out the project under section 2, shall ensure that the following requirements are met: (1) The project shall establish one central location for its work. All primary research staff shall work at that location; contributing researchers located around the world shall interact via video teleconferencing, an international computer network, and regularly scheduled face-to-face meetings. (2) The National Institute of Health's existing AIDS research programs shall be maintained. All National Institute of Health basic science research supplementary to that done by the Project shall be performed cooperatively with the project. (3)(A) All primary research staff and administrators shall be financially compensated only by the project and may not have conflicts of interests with private organizations (including but not limited to universities, pharmaceutical companies, and private research organizations). (B) All primary research staff and administrators shall be required to suspend their relationship with any private organizations for the duration of their association with the project. Policy council members shall be required to suspend their relationship with for-profit organizations which represent a conflict of interest. (C) These requirements shall include full-time, part-time, or consultant positions with a private organization or other government agencies, and the suspension would include employment, consulting or board membership fees, and stock or business ownership. (4) The project shall be funded by public, not private monies. Appropriations for the project shall not be diverted from other health care or human service programs. (5) The project shall, in addition to basic research investigations, operate an on-site clinic to conduct small scale research trials with human participants in such trials are crucial for testing hypotheses related to its basic research. (b) Governing Council.-- (1) In general.--The project under section 2 shall be governed by, not merely advised by, a council composed of scientists and clinicians representing divergent approaches, and people with AIDS and HIV, and their advocates, from all affected communities. This council shall set policy and oversee research priorities, ethical standards, conflict of interest rules and hiring of researchers. (2) Certain authorities.--The Secretary shall ensure that the following requirements are met with respect to the council under paragraph (1): (A) The council shall be composed of scientists representing divergent approaches, clinicians with both research and community-based experience and people with AIDS and HIV and their advocates. (B) The council shall have at least 21 members in order to adequately represent diverse communities, opinions and disciplines. People with AIDS and HIV from diverse communities shall be in the majority to ensure that the project staff are ultimately accountable to people directly affected by the course and outcome of the research. Council members shall step down and be replaced by new members on a regular basis. (C) The Council shall set policy for and oversee research priorities. It shall develop guidelines for and oversee the hiring of primary research staff, ensuring both high quality (scientific credentials and experience) and a diversity of disciplines and perspectives. Have pursued specific AIDS theories shall not be a necessary prerequisite for hiring. The Council shall have the power to create new research positions when necessary and to remove scientists from their positions after due process and appropriate review of their work. (D) The Council shall be charged with evaluating the work of the project, as well as the pace of the research, to insure that it matches the urgency of the epidemic. Initially, and throughout the life of the project, the Council, in cooperation with the primary research staff, shall solicit and evaluate all new theories developed outside the Project. It shall direct the Project scientists to evaluate and respond to deserving proposals and to devise new research plans where desirable. (E) The council shall adopt strict, detained codes governing medical ethics and conflicts of interest and shall monitor compliance with these codes. Project scientists shall report directly to the council about the progress of their work in a manner to be determined by the council. The council shall report directly to the President about the progress of the project. (F) Council meetings, including those at which all decisions are made, shall be public and shall be held at least quarterly, with time allotted for public comment. In addition, the Council shall hold an annual public hearing on its priorities and progress. A complete report of the project's goals and accomplishments shall be updated by the Council, submitted to the President and released to the public at least once quarterly. The Council shall evaluate its structure and process at least once per year and make changes which allow it to function more effectively. (c) Coordinating Council.--The Secretary shall ensure that a coordinating committee is established for the project under section 2, in accordance with the following: (1) The community of scientists selected for the project shall elect three of their members to serve as the coordinating committee for the project, and determine whether these positions should be permanent or rotating. (2) The coordinating committee shall be responsible for facilitating communication among the different scientists working on the project, for evaluating the progress of its work, and for convening the entire staff on some regular schedule (or when necessary) to evaluate the progress of the project as a whole, reevaluate its direction, and to consider newly developed theories emanating from both within and outside the project. (3) The coordinating committee shall also be responsible for keeping the policy council informed of the progress of the project's work, at times and in a manner to be determined by the policy council. The coordinating committee shall also make decisions regarding the hiring of research associates, technical staff, purchases of equipment and other day-to-day needs. (4) The first task of the coordinating committee shall be to facilitate an intensive preliminary review, lasting no more than three months, of all existing pathogenesis hypotheses, as well as other relevant information about AIDS pathogenesis. At the end of this review, the primary research staff shall collectively develop plans for evaluating and testing each of the viable hypotheses, including timelines for evaluating the progress of this work. SEC. 4. OPEN AND PRODUCTIVE RESEARCH PATHS. The Secretary, in carrying out the project under section 2, shall ensure that the following requirements are met: (1)(A) Equal consideration shall be given to conventional and other medical approaches and scientific theories, and researchers representing divergent approaches shall be on the primary research staff well as be contributing researchers. (B) The project shall aggressively pursue research into all areas of AIDS pathogenesis. The two broad categories of theories to be researched by the project are-- (i) understudied virological/immunological theories about how immune system damage occurs; and (ii) theories about co-factors which may precede, activate or even substitute for HIV in the process of immune system damage leading to AIDS. (C) Further work shall be done on the potential role of recreational drugs (including alcohol) in progression. Nutritional research must also be included in the Project. Several chemical and heavy-metal toxins (including cigarette smoke) must be explored. Psychoneuroimmunology and its connections between psychological stress, lack of social support, and immune compromise, shall be studied. (D) Examination shall be given to the full spectrum of pathogenesis theories, from those maintaining that HIV is the sole and sufficient cause to those considering HIV a primary cause together with co-factors to those believing that HIV does not necessarily play a causative role. (E) A diversity of theories should be developed and tested through both laboratory experiments and epidemiological research, including careful examination of existing medical records of people with HIV and AIDS. (F) Researchers shall research epidemiological and blood studies of long-term survivors from diverse populations to attempt to isolate the factors that have sustained them. Subjective evidence, including asking people with AIDS and HIV and their care providers what factors they think may be playing a role, and how the factors may have interacted, shall be collected to supplement, and help to synthesize quantifiable data. (G) Consideration shall be given to the hypotheses and results obtained in other countries, and the best and brightest researchers from other countries shall be aggressively pursued by the project. This may include agreements by another country to reassign particular researchers to the project for an indefinite commitment. The project's progress shall not await the conclusion of such international agreements. (2) The project's study of AIDS pathogenesis and manifestations must focus on all populations of people with AIDS and HIV. Equal consideration shall be given to the differences between these populations as to their similarities or ``norms''. This includes women, children, gay men, lesbians, people of color (of various affected national-cultural groups), injection drug users, hemophiliacs and people with inadequate medical care and/or nutrition. (3) Basic science investigations and therapeutic results shall be geared to people at every point on the spectrum of AIDS and HIV--from the sickest to the healthiest. Saving people considered ``near death'' must be considered as important as early intervention. (4) Information generated by the Project shall be made freely available to researchers, health care providers, people with AIDS and HIV and their advocates as soon as it is available, without being inhibited by professional publication practices. (5) Curatives ultimately released due primarily to project research shall not result in financial gain to any private organization, and shall be made available to all affected people regardless of ability to pay. SEC. 5. EXTRAORDINARY POWERS. In carrying out the project under section 2, the Secretary shall have extraordinary powers to carry out the following: (1)(A) Direct the utilization of any and all existing United States Government funded research entities and their facilities to clinically test promising cures developed on the basis of its research and to direct the manner in which such research shall proceed, including staffing, participants, location, and timing. Such research shall be funded by the project. (B) The project shall design its own protocols and work with these existing clinical trial programs to develop research designs and methods appropriate to the project's goals, assuring that data gathered by the NIH would accurately reflect the use of these compounds in all populations and stages of illness. (C) The project shall provide funding for these clinical trials of its own compounds. In areas of conflict, the project shall have the power to implement its goals. (2) Exercise the right of eminent domain to carry out the following: (A) Obtain from public and private organizations, with just compensation, samples of all potential curatives and all data regarding their development (including safety and efficacy data) as well as other information, materials, or products deemed crucial to the Project. (B) Implement clinical testing for potential curatives owned by private companies, whether under development or not, unless said companies adhere to an approved time frame and are forthcoming with their data as such work proceeds. (C) Use existing pharmaceutical company facilities (with just compensation) for the production of promising curatives to be utilized in project research and, if effective, to produce such curatives in sufficient amounts to be disseminated to all people needing them. (D) If a drug company is found to be impeding or halting the development of a promising compound, the project shall first attempt to work with the company to develop the needed timetable for research and trials. A company lacking the resources to develop a compound shall have the option of selling the compound to the project for a just compensation, or allowing portions of its development to be undertaken by the project. (E) If, however, a company refuses to cooperate with the project by not releasing needed data, or by withholding samples of requested compounds, the project is authorized to use powers of eminent domain to procure samples and data. The project shall have the power to obtain the patents of such compounds if, after reasonable attempts at cooperation, it finds that a company will not develop a promising compound in an accelerated fashion. After notification by the project that this power will be used, a company shall have 30 days in which to develop, for the project's approval, a plan for accelerated development of the compound to avoid losing its patent. SEC. 6. PLANNING FUNDS. Funds shall be allocated immediately to be used for planning of the project under section 2 (including creating facilities, selection of staff, funding, structure, and schedules), so that the project can begin functioning as soon as is possible.

Barbara McClintock AIDS Cure Act - Directs the Secretary of Health and Human Services to establish a project to develop a cure for acquired immune deficiency syndrome (AIDS). Prohibits the program from being administered by any officer or employee of the National Institutes of Health. Requires the Secretary to ensure that the project: (1) pursues all basic science investigations, based on diverse theories and schools of thought which elucidate the pathogenesis of AIDS; and (2) identifies, based on this work, all promising curatives and oversees their timely and adequate testing. Establishes a governing council to set policy and oversee research priorities, ethical standards, conflict of interest rules, and hiring of researchers. Establishes a coordinating committee to facilitate communication among the different scientists working on the project, evaluate the progress of its work, and convene the entire staff on some regular schedule (or when necessary) to evaluate the progress of the project as a whole, reevaluate its direction, and consider newly developed theories emanating from both within and outside the project. Grants the Secretary extraordinary powers in carrying out such project.

Barbara McClintock AIDS Cure Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Development Centers Improvement Act of 2014''. SEC. 2. USE OF AUTHORIZED ENTREPRENEURIAL DEVELOPMENT PROGRAMS. The Small Business Act (15 U.S.C. 631 et seq.) is amended by adding at the end the following: ``SEC. 48. USE OF AUTHORIZED ENTREPRENEURIAL DEVELOPMENT PROGRAMS. ``(a) Expanded Support for Entrerpreneurs.-- ``(1) In general.--Notwithstanding any other provision of law, the Administrator shall only use the programs authorized in sections 7(j), 7(m), 8(a), 8(b)(1), 21, 22, 29, and 32 of this Act, and sections 358 and 389 of the Small Business Investment Act to deliver entrepreneurial development services, entrepreneurial education, business incubation services, growth acceleration services, support for the development and maintenance of clusters, or business training. ``(2) Exception.--This section shall not apply to services provided to assist small business concerns owned by an Indian tribe. ``(b) Annual Report.--Beginning on the first December 1 after the date of enactment of this subsection, the Administrator shall annually report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on all entrepreneurial development activities undertaken in the current fiscal year. This report shall include-- ``(1) a description and operating details for each program and activity; ``(2) operating circulars, manuals, and standard operating procedures for each program and activity; ``(3) a description of the process used to award grants under each program and activity; ``(4) a list of all awardees, contractors, and vendors (including organization name and location) and the amount of awards for the current fiscal year for each program and activity; ``(5) the amount of funding obligated for the current fiscal year for each program and activity; and ``(6) the names and titles for those individuals responsible for each program and activity.''. SEC. 3. MARKETING OF SERVICES. Section 21 of the Small Business Act (15 U.S.C. 648) is amended by adding at the end the following: ``(o) No Prohibition of Marketing of Services.--The Administrator shall not prohibit applicants receiving grants under this section from marketing and advertising their services to individuals and small businesses.''. SEC. 4. CONFIDENTIALITY REQUIREMENTS. Section 21(a)(7)(A) of the Small Business Act (15 U.S.C. 648(a)(7)(A)) is amended by inserting after ``under this section'' the following: ``to any State, local or Federal agency or third party''. SEC. 5. DATA COLLECTION. (a) In General.--Section 21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A)) is amended-- (1) in clause (ii), by striking ``as provided in this section and'' and inserting ``as provided in this section,''; and (2) by inserting before the period at the end the following: ``, and (iv) governing data collection activities related to applicants receiving grants under this section''. (b) Annual Report on Data Collection.--Section 21 of the Small Business Act (15 U.S.C. 648), as amended by section 3 of this Act, is further amended by adding at the end the following: ``(p) Annual Report on Data Collection.--The Administrator shall report annually to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on data collection activities related to the Small Business Development Center program.''. SEC. 6. MATCHMAKING AND OTHER EVENTS. Section 21(a)(3)(C) of the Small Business Act (15 U.S.C. 648(a)(3)(C)) is amended to read as follows: ``(C) Such participation in private partnerships and cosponsorships with the Administration shall not limit Small Business Development Centers from collecting fees or other income related to the operation of such partnerships and cosponsorships.''. SEC. 7. EQUITY FOR SBDCS. Section 21(a)(4)(C)(v)(I) of the Small Business Act (15 U.S.C. 648(a)(4)(C)(v)(I)) is amended-- (1) in item (aa), by striking ``; and'' and inserting a period; and (2) by striking item (bb). SEC. 8. AWARD OF GRANTS TO SBDCS. Section 21 of the Small Business Act (15 U.S.C. 648), as amended by sections 3 and 5 of this Act, is further amended by adding at the end the following: ``(q) Limitation on Award of Grants.--Except for not-for-profit institutions of higher education, notwithstanding any provision of law, the Administrator shall not award grants (including contracts and cooperative agreements) under this section to any entity other than those that received grants (including contracts and cooperative agreements) under this section prior to September 30, 2014, and that seek to renew such grants (including contracts and cooperative agreements) after such date.''. SEC. 9. DISASTER REFORMS. Section 21(b)(3) of the Small Business Act (15 U.S.C. 648(b)(3)) is amended-- (1) by striking ``(3) At the discretion'' and inserting the following: ``(3) Assistance to out-of-state small businesses.-- ``(A) In general.--At the discretion''; and (2) by adding at the end the following: ``(B) Disaster recovery assistance.-- ``(i) In general.--At the discretion of the Administrator, the Administrator may authorize a small business development center to provide assistance, as described in subsection (c), to a small business concern located outside of the State, without regard to geographic proximity, if the small business concern is located in an area for which the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), during the period of the declaration. ``(ii) Continuity of services.--A small business development center that provides counselors to an area described in clause (i) shall, to the maximum extent practicable, ensure continuity of services in any State in which the small business development center otherwise provides services. ``(iii) Access to disaster recovery facilities.--For purposes of this subparagraph, the Administrator shall, to the maximum extent practicable, permit the personnel of a small business development center to use any site or facility designated by the Administrator for use to provide disaster recovery assistance.''. SEC. 10. INCLUSIONS OF ENTREPRENEURSHIP TRAINING FOR UNEMPLOYED INDIVIDUALS. Section 21(c)(3)(A) of the Small Business Act (15 U.S.C. 648(c)(3)(A)) is amended-- (1) in clause (iii), by striking ``and'' at the end; (2) in clause (iv), by inserting ``and'' at the end; and (3) by adding at the end the following: ``(v) educating unemployed individuals on entrepreneurship and working with such individuals to start new businesses;''.

Small Business Development Centers Improvement Act of 2014 - (Sec. 2) Amends the Small Business Act with respect to the authority of the Small Business Administration (SBA) to use certain SBA programs, including the small business development center (SBDC) program, to provide grants, financial assistance, loans, export assistance, and subcontracting opportunities on federal contracts to specified small businesses, organizations, state governments, universities, companies, and other entities that provide assistance to smaller enterprises. Declares that the SBA shall only use such programs to deliver entrepreneurial development services, entrepreneurial education, business incubation services, growth acceleration services, support for the development and maintenance of clusters, or business training. Makes such program requirements inapplicable to services provided to assist small business concerns owned by an Indian tribe. Directs the SBA to report annually to specified congressional committees regarding all entrepreneurial development activities undertaken in the current fiscal year. Requires such report to include: (1) a description of the process used to award grants under each program and activity; (2) a list of all awardees, contractors, and vendors; and (3) the amount of funding obligated for the current fiscal year for each program and activity. (Sec. 3) Bars the SBA from prohibiting applicants receiving grants under the SBDC program from marketing and advertising their services to individuals and small businesses. (Sec. 4) Revises privacy requirements under such program to specify that SBDCs (including consortia and affiliated contractors or agents) are prohibited, subject to existing exceptions, from disclosing the name, address, or telephone number of any individual or small business concern receiving assistance to any state, local, or federal agency or third party. (Sec. 5) Directs the SBA to consult with SBDC associations to develop documents governing data collection activities related to applicants receiving grants. Requires the SBA to report annually to specified congressional committees regarding such data collection activities. (Sec. 6) Prohibits participation in private partnerships and cosponsorships with the SBA from limiting SBDCs from collecting fees or other income related to the operation of such partnerships and cosponsorships. (Sec. 7) Removes a limitation on the amount of funds the SBA may use to pay the examination expenses of the SBDC accreditation program. (Sec. 8) Prohibits the SBA from awarding grants (including contracts and cooperative agreements) under the SBDC program to any entity other than those that: (1) received such grants prior to September 30, 2014, and (2) seek to renew such grants after such date. Exempts not-for-profit institutions of higher education from such prohibition. (Sec. 9) Authorizes the SBA to permit SBDCs to provide certain problem-solving assistance to a small business concern located outside the state, without regard to geographic proximity, if it is located in a presidentially-declared major disaster area, during the period of the declaration. Requires a SBDC that provides counselors to such an area to ensure continuity of services in any state in which the SBDC otherwise provides services. Requires the SBA to permit SBDC personnel to use any SBA designated site or facility for use to provide disaster recovery assistance. (Sec. 10) Requires SBDC services to include educating unemployed individuals on entrepreneurship and working with them to start new businesses.

Small Business Development Centers Improvement Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fitness Integrated with Teaching Kids Act'' or the ``FIT Kids Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Childhood obesity has reached epidemic proportions in the United States. (2) Obesity-related diseases cost the United States economy more than $117,000,000,000 every year. (3) The prevalence of overweight children between the ages of 6 and 11 years increased from 4.0 percent in 1971-1974 to 17.5 percent in 2001-2004, and the prevalence of overweight adolescents between the ages of 12 and 19 years increased from 6.1 percent to 17.0 percent. (4) More than 9,000,000 children and adolescents between the ages of 6 and 19 years are considered overweight on the basis of being in the 95th percentile or higher of BMI values in the 2000 CDC growth chart for the United States. (5) If children do not become more active and healthy, one- third of all children born in 2000 or later will suffer from diabetes at some point in their lives. (6) Of all United States deaths from major chronic disease, 23 percent are linked to sedentary lifestyles that now begin at childhood. (7) Adolescents who are overweight have a 70-80 percent chance of becoming overweight adults, increasing their risk for chronic disease, disability, and death. (8) A recent study showed that plaque build-up in the neck arteries of children who are obese or those with high cholesterol is similar to those levels seen in middle-aged adults. (9) A decline in physical activity has contributed to the unprecedented epidemic of childhood obesity. (10) The Physical Activity Guidelines for Americans recommend that children engage in 60 minutes or more of physical activity each day. (11) In a 2005 Government Accountability Office report on key strategies to include in programs designed to target childhood obesity, ``increasing physical activity'' was identified as the most important component in any such program. (12) Part of the decline in physical activity has been in our Nation's schools, where physical education programs have been cut back in the past 2 decades. (13) The national standard for physical education frequency is 150 minutes per week in elementary school and 225 minutes per week in middle school and high school. (14) Only 3.8 percent of elementary school, 7.9 percent of middle school, and 2.1 percent of high schools provide daily physical education or its equivalent for the entire school year, and 22 percent of schools do not require students to take any physical education at all. (15) Among children ages 9 to 13, 61.5 percent do not participate in any organized physical activity during out-of- school hours. (16) Regular physical activity is associated with a healthier, longer life and a lower risk of cardiovascular disease, high blood pressure, diabetes, obesity, and some cancers. (17) Research suggests a strong correlation between children's fitness and their academic performance as measured by grades in core subjects and standardized test scores. (18) Approximately 81 percent of adults believe daily physical education should be mandatory in schools. SEC. 3. REPORT CARDS. Section 1111(h) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)) is amended-- (1) in paragraph (1)(C)-- (A) in clause (vii), by striking ``and'' after the semicolon; (B) in clause (viii), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(ix) the amount of time students spend in required physical education as measured against the national standards of 150 minutes per week of required physical education for students in elementary school and 225 minutes per week of required physical education for students in middle school and secondary school; ``(x) the percentage of local educational agencies in the State that have a required, age-appropriate physical education curriculum for all students in elementary schools, middle schools, and secondary schools that adheres to national guidelines adopted by the Centers for Disease Control and Prevention and State standards; ``(xi) the percentage of elementary school and secondary school physical education teachers who are State licensed or certified as physical education teachers; and ``(xii) the percentage of schools that have a School Health Council that includes parents, students, representatives of the school food authority, representatives of the school board, school administrators and members of the public and that meets monthly to promote a healthy school environment.''; (2) in paragraph (2)(B)(i)-- (A) in subclause (I), by striking ``and'' after the semicolon; (B) in subclause (II), by striking ``and'' after the semicolon; and (C) by adding at the end the following: ``(III) the percentage of elementary school and secondary school physical education teachers who are State certified as physical education teachers; and ``(IV) the amount of square feet of indoor and outdoor facilities that are primarily used for physical education and the amount of square feet of indoor and outdoor facilities that are primarily used for physical activity; and''; and (3) in paragraph (2)(B)(ii)-- (A) in subclause (I), by striking ``and'' after the semicolon; (B) in subclause (II), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(III) the percentage of elementary school and secondary school physical education teachers who are State certified as physical education teachers; and ``(IV) the number of meetings of a School Health Council that includes parents, students, representatives of the school food authority, representatives of the school board, school administrators and members of the public during the school year.''. SEC. 4. PROMOTING PHYSICAL EDUCATION AND ACTIVITY IN SCHOOL PROGRAMS. (a) Elementary and Secondary School Counseling Programs.--Section 5421 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7245) is amended-- (1) in subsection (b)(2)(H), by inserting ``, which design and implementation shall take into consideration the overall emotional and physical well-being of students'' after ``the program''; and (2) in subsection (c)(2)(E), by inserting ``health, the importance of regular physical activity,'' after ``relationships,''. (b) Smaller Learning Communities.--Section 5441(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7249(b)) is amended by adding at the end the following: ``(14) How the local educational agency will ensure that smaller learning communities support healthy lifestyles including participation in physical education and physical activity by all students and access to nutritious food and nutrition education.''. (c) 21st Century Community Learning Centers.-- (1) Purpose; definitions.--Section 4201 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171) is amended-- (A) in subsection (a)(2), by inserting ``nutrition education programs, structured physical activity programs,'' after ``recreation programs,''; and (B) in subsection (b)(1)(A), by inserting ``nutrition education, structured physical activity,'' after ``recreation,''. (2) Local competitive grant program.--Section 4204(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7174(b)(2))-- (A) in subparagraph (M), by striking ``and'' after the semicolon; (B) by redesignating subparagraph (N) as subparagraph (O); and (C) by inserting after subparagraph (M) the following: ``(N) an assurance that the proposed program is coordinated with the physical education and health education programs offered during the school day; and''. (3) Local activities.--Section 4205(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7175(a))-- (A) in paragraph (11), by striking ``and'' after the semicolon; (B) in paragraph (12), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(13) programs that support a healthy, active lifestyle, including nutritional education and regular, structured physical activity programs.''. (d) Parental Involvement.--Section 1118 of the Elementary and Secondary Education Act of 1965 is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (E), by striking ``and'' at the end; (B) by redesignating subparagraph (F) as subparagraph (G); and (C) by inserting after subparagraph (E) the following: ``(F) involve and train parents in encouraging and supporting a healthy and active lifestyle, including increased physical activity during and outside the school day, and nutritional eating habits in the home and at school; and''; (2) in subsection (d)-- (A) in the subsection heading, by inserting after ``Achievement'' the following: ``by Healthy, Active Students''; (B) in the matter preceding paragraph (1), by striking ``standards.'' and inserting ``standards and to ensure that the children lead healthy, active lives.''; and (C) in paragraph (1)-- (i) by inserting after ``supportive'' the following: ``, healthy,''; (ii) by striking ``; and participating'' and inserting ``; participating''; and (iii) by inserting after ``extracurricular time'' the following: ``and supporting their children in leading a healthy and active life, such as by providing healthy meals and snacks, encouraging participation in physical education, and sharing in physical activity outside the school day''; and (3) in subsection (e)-- (A) by redesignating paragraphs (6) through (14) as paragraphs (7) through (15), respectively; and (B) by inserting after paragraph (5) the following: ``(6)(A) shall ensure that parents and teachers have information about the importance of a healthy lifestyle, including nutritional eating habits, physical education, and physical activity, to an effective learning environment; and ``(B) shall coordinate activities with parents and teachers to ensure that children are provided with nutritious meals and snacks, and have ample opportunities for physical education and physical activity during and outside the school day;''. SEC. 5. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND PRINCIPALS. (a) State Applications.--Section 2112(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6612(b)) is amended by adding at the end the following: ``(13) A description of how the State educational agency will use funds under this part to provide professional development that is directly related to the fields of physical education and health education to physical education teachers and health education teachers to ensure that children are leading healthy, active lifestyles that are conducive to effective learning.''. (b) State Use of Funds.--Section 2113(c)(6) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6613(c)(6)) is amended-- (1) by striking ``, in cases in which a State educational agency determines support to be appropriate,''; and (2) by inserting ``, physical education teachers, and health education teachers'' after ``pupil services personnel''. (c) Local Applications and Needs Assessment.--Section 2122(b)(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6622(b)(9)) is amended-- (1) in subparagraph (C), by striking ``and'' after the semicolon; (2) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(E) improve the health and eating habits of students and increase rates of physical activity of students.''. (d) Local Use of Funds.--Section 2123(a)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6623(a)(3)) is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``and'' after the semicolon; and (B) by adding at the end the following: ``(iii) effective strategies for improving the healthy habits of students and the rates of physical activity by students that result in the ability to learn more effectively; and''; and (2) in subparagraph (B)-- (A) in clause (iv), by striking ``and'' after the semicolon; (B) in clause (v), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(vi) provide training, with curricula that is evidence-based, in how to teach physical education and health education that results in the ability of students to learn more effectively.''. SEC. 6. NATIONAL RESEARCH COUNCIL STUDY. Not later than 180 days after the date of enactment of this Act, the Secretary of Education shall enter into a contract with the National Research Council of the National Academy of Sciences to-- (1) examine and make recommendations regarding-- (A) various means that may be employed to incorporate physical activity into Head Start and childcare settings, elementary, middle, and high school settings, and before- and after-school programs; and (B) innovative and effective ways to increase physical activity for all students; (2) study the impact of health, level of physical activity, and amount of physical education on students' ability to learn and maximize performance in school; and (3) study and provide specific recommendations for-- (A) effectively measuring the progress of students, at the school level, in improving their health and well-being, including improving their-- (i) knowledge, awareness, and behavior changes, related to nutrition and physical activity; (ii) cognitive development, and fitness improvement, in physical education; (iii) knowledge of lifetime physical activity and health promotion; (iv) decrease in obesity; and (v) levels on overall health indicators; and (B) effectively measuring the progress of students, at the school level, in increasing physical activity.

Fitness Integrated with Teaching Kids Act or FIT Kids Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require annual state and local educational agency report cards to include specified information on school health and physical education programs. Includes the promotion of healthy, active lifestyles by students within ESEA grant programs that support school counseling, smaller learning communities, community learning centers, and parental involvement in their childrens' education. Revises the professional development program for teachers and principals to include training for physical and health education teachers, and training on improving students' health habits and participation in physical activities. Directs the Secretary of Education to contract with the National Academy of Sciences (NAS) for a study that: (1) assesses the effect health and physical education have on students' ability to learn; and (2) makes recommendations for improving, and measuring improvements to, their health and physical education in schools.

A bill to amend the Elementary and Secondary Education Act of 1965 to improve standards for physical education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Fiscal Relief Act of 2008''. SEC. 2. TEMPORARY STATE FISCAL RELIEF. (a) Temporary Increase of the Medicaid FMAP.-- (1) Permitting maintenance of fiscal year 2007 fmap for last 3 calendar quarters of fiscal year 2008.--Subject to paragraph (5), if the FMAP determined without regard to this subsection for a State for fiscal year 2008 is less than the FMAP as so determined for fiscal year 2007, the FMAP for the State for fiscal year 2007 shall be substituted for the State's FMAP for the second, third, and fourth calendar quarters of fiscal year 2008, before the application of this subsection. (2) Permitting maintenance of fiscal year 2008 fmap for first 2 quarters of fiscal year 2009.--Subject to paragraph (5), if the FMAP determined without regard to this subsection for a State for fiscal year 2009 is less than the FMAP as so determined for fiscal year 2008, the FMAP for the State for fiscal year 2008 shall be substituted for the State's FMAP for the first and second calendar quarters of fiscal year 2009, before the application of this subsection. (3) General 1.225 percentage points increase for last 3 calendar quarters of fiscal year 2008 and first 2 calendar quarters of fiscal year 2009.--Subject to paragraphs (5), (6), and (7), for each State for the second, third, and fourth calendar quarters of fiscal year 2008 and for the first and second calendar quarters of fiscal year 2009, the FMAP (taking into account the application of paragraphs (1) and (2)) shall be increased by 1.225 percentage points. (4) Increase in cap on medicaid payments to territories.-- Subject to paragraphs (6) and (7), with respect to the second, third, and fourth calendar quarters of fiscal year 2008 and the first and second calendar quarters of fiscal year 2009, the amounts otherwise determined for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa under subsections (f) and (g) of section 1108 of the Social Security Act (42 U.S.C. 1308) shall each be increased by an amount equal to 2.45 percent of such amounts. (5) Scope of application.--The increases in the FMAP for a State under this subsection shall apply only for purposes of title XIX of the Social Security Act and shall not apply with respect to-- (A) disproportionate share hospital payments described in section 1923 of such Act (42 U.S.C. 1396r- 4); (B) payments under title IV or XXI of such Act (42 U.S.C. 601 et seq. and 1397aa et seq.); or (C) any payments under XIX of such Act that are based on the enhanced FMAP described in section 2105(b) of such Act (42 U.S.C. 1397ee(b)). (6) State eligibility.-- (A) In general.--Subject to subparagraph (B), a State is eligible for an increase in its FMAP under paragraph (3) or an increase in a cap amount under paragraph (4) only if the eligibility under its State plan under title XIX of the Social Security Act (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) is no more restrictive than the eligibility under such plan (or waiver) as in effect on December 31, 2007. (B) State reinstatement of eligibility permitted.-- A State that has restricted eligibility under its State plan under title XIX of the Social Security Act (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) after December 31, 2007 is eligible for an increase in its FMAP under paragraph (3) or an increase in a cap amount under paragraph (4) in the first calendar quarter (and subsequent calendar quarters) in which the State has reinstated eligibility that is no more restrictive than the eligibility under such plan (or waiver) as in effect on December 31, 2007. (C) Rule of construction.--Nothing in subparagraph (A) or (B) shall be construed as affecting a State's flexibility with respect to benefits offered under the State medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)). (7) Requirement for certain states.--In the case of a State that requires political subdivisions within the State to contribute toward the non-Federal share of expenditures under the State medicaid plan required under section 1902(a)(2) of the Social Security Act (42 U.S.C. 1396a(a)(2)), the State shall not require that such political subdivisions pay a greater percentage of the non-Federal share of such expenditures for the second, third, and fourth calendar quarters of fiscal year 2008 and the first and second calendar quarters of fiscal year 2009, than the percentage that was required by the State under such plan on December 31, 2007, prior to application of this subsection. (8) Definitions.--In this subsection: (A) FMAP.--The term ``FMAP'' means the Federal medical assistance percentage, as defined in section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)). (B) State.--The term ``State'' has the meaning given such term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (9) Repeal.--Effective as of October 1, 2009, this subsection is repealed. (b) Payments to States for Assistance With Providing Government Services.--The Social Security Act (42 U.S.C. 301 et seq.) is amended by inserting after title V the following: ``TITLE VI--TEMPORARY STATE FISCAL RELIEF ``SEC. 601. TEMPORARY STATE FISCAL RELIEF. ``(a) Appropriation.--There is authorized to be appropriated and is appropriated for making payments to States under this section-- ``(1) $3,600,000,000 for fiscal year 2008; and ``(2) $2,400,000,000 for fiscal year 2009. ``(b) Payments.-- ``(1) Fiscal year 2008.--From the amount appropriated under subsection (a)(1) for fiscal year 2008, the Secretary of the Treasury shall, not later than the later of the date that is 45 days after the date of enactment of this Act or the date that a State provides the certification required by subsection (e) for fiscal year 2008, pay each State the amount determined for the State for fiscal year 2008 under subsection (c). ``(2) Fiscal year 2009.--From the amount appropriated under subsection (a)(2) for fiscal year 2009, the Secretary of the Treasury shall, not later than the later of October 1, 2008, or the date that a State provides the certification required by subsection (e) for fiscal year 2009, pay each State the amount determined for the State for fiscal year 2009 under subsection (c). ``(c) Payments Based on Population.-- ``(1) In general.--Subject to paragraph (2), the amount appropriated under subsection (a) for each of fiscal years 2008 and 2009 shall be used to pay each State an amount equal to the relative population proportion amount described in paragraph (3) for such fiscal year. ``(2) Minimum payment.-- ``(A) In general.--No State shall receive a payment under this section for a fiscal year that is less than-- ``(i) in the case of 1 of the 50 States or the District of Columbia, \1/2\ of 1 percent of the amount appropriated for such fiscal year under subsection (a); and ``(ii) in the case of the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or American Samoa, \1/10\ of 1 percent of the amount appropriated for such fiscal year under subsection (a). ``(B) Pro rata adjustments.--The Secretary of the Treasury shall adjust on a pro rata basis the amount of the payments to States determined under this section without regard to this subparagraph to the extent necessary to comply with the requirements of subparagraph (A). ``(3) Relative population proportion amount.--The relative population proportion amount described in this paragraph is the product of-- ``(A) the amount described in subsection (a) for a fiscal year; and ``(B) the relative State population proportion (as defined in paragraph (4)). ``(4) Relative state population proportion defined.--For purposes of paragraph (3)(B), the term `relative State population proportion' means, with respect to a State, the amount equal to the quotient of-- ``(A) the population of the State (as reported in the most recent decennial census); and ``(B) the total population of all States (as reported in the most recent decennial census). ``(d) Use of Payment.-- ``(1) In general.--Subject to paragraph (2), a State shall use the funds provided under a payment made under this section for a fiscal year to-- ``(A) provide essential government services; ``(B) cover the costs to the State of complying with any Federal intergovernmental mandate (as defined in section 421(5) of the Congressional Budget Act of 1974) to the extent that the mandate applies to the State, and the Federal Government has not provided funds to cover the costs; or ``(C) compensate for a decline in Federal funding to the State. ``(2) Limitation.--A State may only use funds provided under a payment made under this section for types of expenditures permitted under the most recently approved budget for the State. ``(e) Certification.--In order to receive a payment under this section for a fiscal year, the State shall provide the Secretary of the Treasury with a certification that the State's proposed uses of the funds are consistent with subsection (d). ``(f) Definition of State.--In this section, the term `State' means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. ``(g) Repeal.--Effective as of October 1, 2009, this title is repealed.''.

State Fiscal Relief Act of 2008 - Provides that, if the federal medical assistance percentage (FMAP) determined without regard to this Act under title XIX (Medicaid) of the Social Security Act for a state for FY2008 is less than the FMAP as so determined for FY2007, the FY2007 FMAP shall be substituted for the state's otherwise applicable FMAP for the second, third, and fourth calendar quarters of FY2008. Provides also that, if the FMAP determined without regard to this Act for a state for FY2009 is less than the FMAP as so determined for FY2008, the FY2008 FMAP shall be substituted for the state's otherwise applicable FMAP for the first and second calendar quarters of FY2009. Provides that, for each eligible state for the second, third, and, fourth calendar quarters of FY2008, and for the first and second calendar quarters of FY2009, the FMAP shall be increased by 1.225% points. Provides for an increase in cap on Medicaid payments to territories. Makes a state eligible for such an FMAP increase, and a territory for an increase in a cap amount, only if eligibility under its Medicaid plan is no more restrictive than the eligibility under such plan (or waiver) as in effect on December 31, 2007. Authorizes appropriations for FY2008-FY2009 for payments to states (temporary state fiscal relief) for use in: (1) providing government services; (2) covering the costs of complying with any federal intergovernmental mandate to the extent that the federal government has not provided funds to cover such costs; or (3) compensating for a decline in federal funding to the state.

A bill to provide States with fiscal relief through a temporary increase in the Federal medical assistance percentage and direct payments to States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Estate Tax Relief Act of 2009''. SEC. 2. RESTORATION OF ESTATE TAX; REPEAL OF CARRYOVER BASIS. (a) In General.--The following provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such provisions, are hereby repealed: (1) Subtitles A and E of title V. (2) Subsection (d), and so much of subsection (f)(3) as relates to subsection (d), of section 511. (3) Paragraph (2) of subsection (b), and paragraph (2) of subsection (e), of section 521. The Internal Revenue Code of 1986 shall be applied as if such provisions and amendments had never been enacted. (b) Sunset Not To Apply.-- (1) Subsection (a) of section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``this Act'' and all that follows and inserting ``this Act (other than title V) shall not apply to taxable, plan, or limitation years beginning after December 31, 2010.''. (2) Subsection (b) of such section 901 is amended by striking ``, estates, gifts, and transfers''. SEC. 3. INCREASE IN UNIFIED CREDIT AGAINST THE ESTATE TAX. (a) In General.--The table in subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to applicable credit amount) is amended to read as follows: ``In the case of estates of The applicable decedents dying during: exclusion amount is: 2009......................................... $3,500,000 2010......................................... $3,650,000 2011......................................... $3,800,000 2012......................................... $3,950,000 2013......................................... $4,100,000 2014......................................... $4,250,000 2015......................................... $4,400,000 2016......................................... $4,550,000 2017......................................... $4,700,000 2018......................................... $4,850,000 2019 or thereafter........................... $5,000,000.''. (b) Inflation Adjustment.--Subsection (c) of section 2010 of such Code, as amended by subsection (a), is amended-- (1) by striking ``For purposes of this section,'' and inserting the following: ``(1) In general.--For purposes of this section,'', and (2) by adding at the end the following new paragraph: ``(2) Inflation adjustment.--In the case of any decedent dying in a calendar year after 2019, the $5,000,000 amount in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting `2018' for `1992' in subparagraph (B) thereof. If any increase determined under the preceding sentence is not a multiple of $10,000, such increase shall be rounded to the nearest multiple of $10,000.''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2008. SEC. 4. COORDINATED REDUCTION IN MAXIMUM RATE OF TAX WITH TERMINATION OF DEDUCTION FOR STATE DEATH TAXES. (a) Phasein of Reduction in Maximum Rate.-- (1) In general.--The table in subparagraph (B) of section 2001(c)(2) of the Internal Revenue Code of 1986 (relating to maximum rate) is amended to read as follows: ``In calendar year: The maximum rate is: 2009......................................... 45 percent 2010......................................... 44 percent 2011......................................... 43 percent 2012......................................... 42 percent 2013......................................... 41 percent 2014......................................... 40 percent 2015......................................... 39 percent 2016......................................... 38 percent 2017......................................... 37 percent 2018......................................... 36 percent 2019 or thereafter........................... 35 percent.''. (2) Conforming and technical amendments.-- (A) Section 2001(c)(2)(A) of such Code is amended by striking ``after 2002 and before 2010'' and inserting ``after 2008''. (B) Section 2001(c)(2)(A)(ii) of such Code is amended by striking ``subparagraph (A)'' and inserting ``clause (i)''. (b) Phaseout of Deduction for State Death Taxes.--Section 2058 of the Internal Revenue Code of 1986 (relating to deduction for State death taxes) is amended by adding at the end the following: ``(c) Phaseout.-- ``(1) In general.--In the case of estates of decedents dying in a calendar year beginning after December 31, 2008, the deduction under subsection (a) shall be equal to the applicable percentage of the amount which would (but for this subsection) be the amount of such deduction. ``(2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage shall be determined in accordance with the following table: ``In the case of taxes paid in The applicable percentage is: calendar year: 2009......................................... 100 percent 2010......................................... 90 percent 2011......................................... 80 percent 2012......................................... 70 percent 2013......................................... 60 percent 2014......................................... 50 percent 2015......................................... 40 percent 2016......................................... 30 percent 2017......................................... 20 percent 2018......................................... 10 percent 2019 or thereafter........................... 0 percent.''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2008.

Estate Tax Relief Act of 2009 - Repeals provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) eliminating the tax on estates and generation-skipping transfers and the step-up in basis provisions for property acquired from a decedent for estates of decedents dying after 2009. Declares that the sunset provision (general terminating date of December 10, 2010) of EGTRRA shall not apply to title V of such Act (Estate, Gift, and Generation-Skipping Transfer Tax Provisions). Amends the Internal Revenue Code to: (1) allow annual increases in the estate tax exclusion amount until it reaches $5 million in 2019 and inflation adjustments to such amount after 2019; and (2) phase in annual reductions in the estate tax rate between 2009 and 2019 (45% to 35% in 2019 and thereafter) and eliminate the deduction for state estate, inheritance, legacy, or succession taxes over the same period.

To amend the Internal Revenue Code of 1986 to repeal the 1-year termination of the estate tax, to increase the estate and gift tax unified credit, and to coordinate a reduction in the maximum rate of tax with a phaseout of the deduction for State death taxes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tallgrass Prairie National Preserve Act of 1996''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) of the 400,000 square miles of tallgrass prairie that once covered the North American Continent, less than 1 percent remains, primarily in the Flint Hills of Kansas; (2) in 1991, the National Park Service conducted a special resource study of the Spring Hill Ranch, located in the Flint Hills of Kansas; (3) the study concludes that the Spring Hill Ranch-- (A) is a nationally significant example of the once vast tallgrass ecosystem, and includes buildings listed on the National Register of Historic Places pursuant to section 101 of the National Historic Preservation Act (16 U.S.C. 470a) that represent outstanding examples of Second Empire and other 19th Century architectural styles; and (B) is suitable and feasible as a potential addition to the National Park System; and (4) the National Park Trust, which owns the Spring Hill Ranch, has agreed to permit the National Park Service-- (A) to purchase a portion of the ranch, as specified in this Act; and (B) to manage the ranch in order to-- (i) conserve the scenery, natural and historic objects, and wildlife of the ranch; and (ii) provide for the enjoyment of the ranch in such a manner and by such means as will leave the scenery, natural and historic objects, and wildlife unimpaired for the enjoyment of future generations. (b) Purposes.--The purposes of this Act are-- (1) to preserve, protect, and interpret for the public an example of a tallgrass prairie ecosystem on the Spring Hill Ranch, located in the Flint Hills of Kansas; and (2) to preserve and interpret for the public the historic and cultural values represented on the Spring Hill Ranch. SEC. 3. DEFINITIONS. In this Act: (1) Advisory committee.--The term ``Advisory Committee'' means the Advisory Committee established under section 7. (2) Preserve.--The term ``Preserve'' means the Tallgrass Prairie National Preserve established by section 4. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Trust.--The term ``Trust'' means the National Park Trust, Inc., a District of Columbia nonprofit corporation, or any successor-in-interest. SEC. 4. ESTABLISHMENT OF TALLGRASS PRAIRIE NATIONAL PRESERVE. (a) In General.--In order to provide for the preservation, restoration, and interpretation of the Spring Hill Ranch area of the Flint Hills of Kansas, for the benefit and enjoyment of present and future generations, there is established the Tallgrass Prairie National Preserve. (b) Description.--The Preserve shall consist of the lands and interests in land, including approximately 10,894 acres, generally depicted on the map entitled ``Boundary Map, Flint Hills Prairie National Monument'' numbered NM-TGP 80,000 and dated June 1994, more particularly described in the deed filed at 8:22 a.m. of June 3, 1994, with the Office of the Register of Deeds in Chase County, Kansas, and recorded in Book L-106 at pages 328 through 339, inclusive. In the case of any difference between the map and the legal description, the legal description shall govern, except that if, as a result of a survey, the Secretary determines that there is a discrepancy with respect to the boundary of the Preserve that may be corrected by making minor changes to the map, the Secretary shall make changes to the map as appropriate, and the boundaries of the Preserve shall be adjusted accordingly. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service of the Department of the Interior. SEC. 5. ADMINISTRATION OF NATIONAL PRESERVE. (a) In General.--The Secretary shall administer the Preserve in accordance with this Act, the cooperative agreements described in subsection (f)(1), 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 (16 U.S.C. 1, 2 through 4) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.). (b) Application of Regulations.--With the consent of a private owner of land within the boundaries of the Preserve, the regulations issued by the Secretary concerning the National Park Service that provide for the proper use, management, and protection of persons, property, and natural and cultural resources shall apply to the private land. (c) Facilities.--For purposes of carrying out the duties of the Secretary under this Act relating to the Preserve, the Secretary may, with the consent of a landowner, directly or by contract, construct, reconstruct, rehabilitate, or develop essential buildings, structures, and related facilities including roads, trails, and other interpretive facilities on real property that is not owned by the Federal Government and is located within the Preserve. (d) Liability.-- (1) Liability of the united states and its officers and employees.--Except as otherwise provided in this subsection, the liability of the United States is subject to the terms and conditions of the Federal Tort Claims Act, as amended, 28 U.S.C. 2671 et seq., with respect to the claims arising by virtue of the Secretaries administration of the Preserve pursuant to this Act. (2) Liability of landowners.-- (A) The Secretary of the Interior is authorized, under such terms and conditions as he deems appropriate, to include in any cooperative agreement entered into in accordance with subsection (f)(1) an indemnification provision by which the United States agrees to hold harmless, defend and indemnify the landowner in full from and against any suit, claim, demand or action, liability, judgment, cost or other fee arising out of any claim of personal injury or property damage that occurs in connection with the operation of the Preserve under the agreement: Provided however, That indemnification shall not exceed $3 million per claimant per occurrence. (B) The indemnification provision authorized by subparagraph (A) shall not include claims for personal injury or property damage proximately caused by the wanton or willful misconduct of the landowner. (e) Unit of the National Park System.--The Preserve shall be a unit of the National Park System for all purposes, including the purpose of exercising authority to charge entrance and admission fees under section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a). (f) Agreements and Donations.-- (1) Agreements.--The Secretary may expend Federal funds for the cooperative management of private property within the Preserve for research, resource management (including pest control and noxious weed control, fire protection, and the restoration of buildings), and visitor protection and use. (2) Donations.--The Secretary may accept, retain, and expend donations of funds, property (other than real property), or services from individuals, foundations, corporations, or public entities for the purposes of providing programs, services, facilities, or technical assistance that further the purposes of this Act. (g) General Management Plan.-- (1) In general.--Not later than the end of the third full fiscal year beginning after the date of enactment of this Act, the Secretary shall prepare and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a general management plan for the Preserve. (2) Consultation.--In preparing the general management plan, the Secretary, acting through the Director of the National Park Service, shall consult with-- (A)(i) appropriate officials of the Trust; and (ii) the Advisory Committee; and (B) adjacent landowners, appropriate officials of nearby communities, the Kansas Department of Wildlife and Parks, and the Kansas Historical Society, and other interested parties. (3) Content of plan.--The general management plan shall provide for the following: (A) Maintaining and enhancing the tallgrass prairie within the boundaries of the Preserve. (B) Public access and enjoyment of the property that is consistent with the conservation and proper management of the historical, cultural, and natural resources of the ranch. (C) Interpretive and educational programs covering the natural history of the prairie, the cultural history of Native Americans, and the legacy of ranching in the Flint Hills region. (D) Provisions requiring the application of applicable State law concerning the maintenance of adequate fences within the boundaries of the Preserve. In any case in which an activity of the National Park Service requires fences that exceed the legal fence standard otherwise applicable to the Preserve, the National Park Service shall pay the additional cost of constructing and maintaining the fences to meet the applicable requirements for that activity. (E) Provisions requiring the Secretary to comply with applicable State noxious weed, pesticide, and animal health laws. (F) Provisions requiring compliance with applicable State water laws and Federal and State waste disposal laws (including regulations) and any other applicable law. (G) Provisions requiring the Secretary to honor each valid existing oil and gas lease for lands within the boundaries of the Preserve (as described in section 4(b)) that is in effect on the date of enactment of this Act. (H) Provisions requiring the Secretary to offer to enter into an agreement with each individual who, as of the date of enactment of this Act, holds rights for cattle grazing within the boundaries of the Preserve (as described in section 4(b)). (4) Hunting and fishing.--The Secretary may allow hunting and fishing on Federal lands within the Preserve. (5) Financial analysis.--As part of the development of the general management plan, the Secretary shall prepare a financial analysis indicating how the management of the Preserve may be fully supported through fees, private donations, and other forms of non-Federal funding. SEC. 6. LIMITED AUTHORITY TO ACQUIRE. (a) In General.--The Secretary shall acquire, by donation, not more than 180 acres of real property within the boundaries of the Preserve (as described in section 4(b)) and the improvements on the real property. (b) Payments in Lieu of Taxes.--For the purposes of payments made under chapter 69 of title 31, United States Code, the real property described in subsection (a) shall be deemed to have been acquired for the purposes specified in section 6904(a) of that title. (c) Prohibitions.--No property may be acquired under this section without the consent of the owner of the property. The United States may not acquire fee ownership of any lands within the Preserve other than lands described in this section. SEC. 7. ADVISORY COMMITTEE. (a) Establishment.--There is established an advisory committee to be known as the ``Tallgrass Prairie National Preserve Advisory Committee''. (b) Duties.--The Advisory Committee shall advise the Secretary and the Director of the National Park Service concerning the development, management, and interpretation of the Preserve. In carrying out those duties, the Advisory Committee shall provide timely advice to the Secretary and the Director during the preparation of the general management plan under section 5(g). (c) Membership.--The Advisory Committee shall consist of 13 members, who shall be appointed by the Secretary as follows: (1) Three members shall be representatives of the Trust. (2) Three members shall be representatives of local landowners, cattle ranchers, or other agricultural interests. (3) Three members shall be representatives of conservation or historic preservation interests. (4)(A) One member shall be selected from a list of persons recommended by the Chase County Commission in the State of Kansas. (B) One member shall be selected from a list of persons recommended by appropriate officials of Strong City, Kansas, and Cottonwood Falls, Kansas. (C) One member shall be selected from a list of persons recommended by the Governor of the State of Kansas. (5) One member shall be a range management specialist representing institutions of higher education (as defined in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a))) in the State of Kansas. (d) Terms.-- (1) In general.--Each member of the Advisory Committee shall be appointed to serve for a term of 3 years, except that the initial members shall be appointed as follows: (A) Four members shall be appointed, one each from paragraphs (1), (2), (3), and (4) of subsection (c), to serve for a term of 3 years. (B) Four members shall be appointed, one each from paragraphs (1), (2), (3), and (4) of subsection (c), to serve for a term of 4 years. (C) Five members shall be appointed, one each from paragraphs (1) through (5) of subsection (c), to serve for a term of 5 years. (2) Reappointment.--Each member may be reappointed to serve a subsequent term. (3) Expiration.--Each member shall continue to serve after the expiration of the term of the member until a successor is appointed. (4) Vacancies.--A vacancy on the Advisory Committee shall be filled in the same manner as an original appointment is made. The member appointed to fill the vacancy shall serve until the expiration of the term in which the vacancy occurred. (e) Chairperson.--The members of the Advisory Committee shall select 1 of the members to serve as Chairperson. (f) Meetings.--Meetings of the Advisory Committee shall be held at the call of the Chairperson or the majority of the Advisory Committee. Meetings shall be held at such locations and in such a manner as to ensure adequate opportunity for public involvement. In compliance with the requirements of the Federal Advisory Committee Act (5 U.S.C. App.), the Advisory Committee shall choose an appropriate means of providing interested members of the public advance notice of scheduled meetings. (g) Quorum.--A majority of the members of the Advisory Committee shall constitute a quorum. (h) Compensation.--Each member of the Advisory Committee shall serve without compensation, except that while engaged in official business of the Advisory Committee, the member shall be entitled to travel expenses, including per diem in lieu of subsistence in the same manner as persons employed intermittently in Government service under section 5703 of title 5, United States Code. (i) Charter.--The rechartering provisions of section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee. SEC. 8. RESTRICTION ON AUTHORITY. Nothing in this Act shall give the Secretary authority to regulate lands outside the land area acquired by the Secretary under section 6(a). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Department of the Interior such sums as are necessary to carry out this Act.

Tallgrass Prairie National Preserve Act of 1996 - Establishes the Tallgrass Prairie National Preserve to provide for the preservation, restoration, and interpretation of the Spring Hill Ranch area of the Flint Hills of Kansas. Specifies that the Preserve shall be a unit of the National Park System, including for purposes of charging entrance and admission fees. Sets forth provisions regarding liability of the United States and of landowners. Authorizes the Secretary of the Interior to expend Federal funds for the cooperative management of private property within the Preserve for research, resource management, and visitor protection and use. Requires the Secretary to: (1) prepare and submit to specified congressional committees a general management plan; and (2) acquire, by donation, not more than 180 acres of real property within the boundaries of the Preserve and the improvements on such property. Sets forth provisions regarding payments to local governments in lieu of taxes for such real property. Prohibits: (1) such property from being acquired without the owner's consent; and (2) U.S. acquisition of fee ownership of any lands within the Preserve other than these lands. Establishes the Tallgrass Prairie National Preserve Advisory Committee. Authorizes appropriations.

Tallgrass Prairie National Preserve Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Pension Equity Act of 1996''. SEC. 2. MODEL SPOUSAL CONSENT FORM AND QUALIFIED DOMESTIC RELATIONS ORDER. (a) Model Spousal Consent Form.-- (1) Amendment to internal revenue code.--Section 417(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(7) Consent form.--The Secretary shall develop a form not later than January 1, 1997, for the spousal consent required under paragraph (2) which-- ``(A) is written in a manner calculated to be understood by the average person, and ``(B) discloses in plain form whether-- ``(i) the waiver is irrevocable, and ``(ii) the waiver may be revoked by a qualified domestic relations order.''. (2) Amendment to erisa.--Section 205(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1055(c)) is amended by adding at the end the following new paragraph: ``(8) The Secretary of the Treasury shall develop a form no later than January 1, 1997, for the spousal consent required under paragraph (2) which-- ``(A) is written in a manner calculated to be understood by the average person, and ``(B) discloses in plain form whether-- ``(i) the wavier is irrevocable, and ``(ii) the waiver may be revoked by a qualified domestic relations order.''. (b) Model Qualified Domestic Relations Order.-- (1) Amendment to erisa.--Section 206(d)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1056(d)(3)) is amended by adding at the end the following new subparagraph: ``(O) The Secretary shall develop a form not later than January 1, 1997, for a qualified domestic relations order-- ``(i) which meets all the requirements of subparagraph (B)(i), and ``(ii) the provisions of which focus attention on the need to consider the treatment of any lump sum payment, qualified joint and survivor annuity, or qualified preretirement survivor annuity.''. (2) Amendment to internal revenue code.--Section 414(p) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(13) The Secretary of Labor shall develop a form not later than January 1, 1997, for a qualified domestic relations order which-- ``(A) which meets all the requirements of paragraph (1)(A), and ``(B) the provisions of which focus attention on the need to consider the treatment of any lump sum payment, qualified joint and survivor annuity, or qualified preretirement survivor annuity.''. (c) Publicity.--The Secretary of the Treasury and the Secretary of Labor shall include publicity for the model forms required by the amendments made by this section in the pension outreach efforts undertaken by each Secretary. SEC. 3. EXTENSION OF TIER II RAILROAD RETIREMENT BENEFITS TO SURVIVING FORMER SPOUSES PURSUANT TO DIVORCE AGREEMENTS. (a) In General.--Section 5 of the Railroad Retirement Act of 1974 (45 U.S.C. 231d) is amended by adding at the end the following new subsection: ``(d) Notwithstanding any other provisions of law, the payment of any portion of an annuity computed under section 3(d) to a surviving former spouse in accordance with a court decree of divorce, annulment, or legal separation or the terms of any court-approved property settlement incident to any such court decree shall not be terminated upon the death of the individual who preformed the service with respect to which such annuity is so computed unless such termination is otherwise required by the terms of such court decree.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 4. SURVIVOR ANNUITIES FOR WIDOWS, WIDOWERS, AND FORMER SPOUSES OF FEDERAL EMPLOYEES WHO DIE BEFORE ATTAINING AGE FOR DEFERRED ANNUITY UNDER CIVIL SERVICE RETIREMENT SYSTEM. (a) Benefits for Widow or Widower.--Section 8341(f) of title 5, United States Code, is amended-- (1) in the matter preceding paragraph (1) by-- (A) by inserting ``a former employee separated from the service with title to deferred annuity from the Fund dies before having established a valid claim for annuity and is survived by a spouse, or if'' before ``a Member''; and (B) by inserting ``of such former employee or Member'' after ``the surviving spouse''; (2) in paragraph (1)-- (A) by inserting ``former employee or'' before ``Member commencing''; and (B) by inserting ``former employee or'' before ``Member dies''; and (3) in the undesignated sentence following paragraph (2)-- (A) in the matter preceding subparagraph (A) by inserting ``former employee or'' before ``Member''; and (B) in subparagraph (B) by inserting ``former employee or'' before ``Member''. (b) Benefits for Former Spouse.--Section 8341(h) of title 5, United States Code, is amended-- (1) in paragraph (1) by adding after the first sentence ``Subject to paragraphs (2) through (5) of this subsection, a former spouse of a former employee who dies after having separated from the service with title to a deferred annuity under section 8338(a) but before having established a valid claim for annuity is entitled to a survivor annuity under this subsection, if and to the extent expressly provided for in an election under section 8339(j)(3) of this title, or in the terms of any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree.''; and (2) in paragraph (2)-- (A) in subparagraph (A)(ii) by striking ``or annuitant,'' and inserting ``annuitant, or former employee''; and (B) in subparagraph (B)(iii) by inserting ``former employee or'' before ``Member''. (c) Protection of Survivor Benefit Rights.--Section 8339(j)(3) of title 5, United States Code, is amended by inserting at the end the following: ``The Office shall provide by regulation for the application of this subsection to the widow, widower, or surviving former spouse of a former employee who dies after having separated from the service with title to a deferred annuity under section 8338(a) but before having established a valid claim for annuity.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply only in the case of a former employee who dies on or after such date. SEC. 5. COURT ORDERS RELATING TO FEDERAL RETIREMENT BENEFITS FOR FORMER SPOUSES OF FEDERAL EMPLOYEES. (a) Civil Service Retirement System.-- (1) In general.--Section 8345(j) of title 5, United States Code, is amended-- (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following new paragraph: ``(3) Payment to a person under a court decree, court order, property settlement, or similar process referred to under paragraph (1) shall include payment to a former spouse of the employee, Member, or annuitant.''. (2) Lump-sum benefits.--Section 8342 of title 5, United States Code, is amended-- (A) in subsection (c) by striking ``Lump-sum benefits'' and inserting ``Subject to subsection (j), lump-sum benefits''; and (B) in subsection (j)(1) by striking ``the lump-sum credit under subsection (a) of this section'' and inserting ``any lump-sum credit or lump-sum benefit under this section''. (b) Federal Employees Retirement System.--Section 8467 of title 5, United States Code, is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: ``(c) Payment to a person under a court decree, court order, property settlement, or similar process referred to under subsection (a) shall include payment to a former spouse of the employee, Member, or annuitant.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 6. PREVENTION OF CIRCUMVENTION OF COURT ORDER BY WAIVER OF RETIRED PAY TO ENHANCE CIVIL SERVICE RETIREMENT ANNUITY. (a) Civil Service Retirement and Disability System.--(1) Subsection (c) of section 8332 of title 5, United States Code, is amended by adding at the end the following: ``(4) If an employee or Member waives retired pay that is subject to a court order from which there has been effective service on the Secretary concerned for purposes of section 1408 of title 10, the military service on which the retired pay is based may be credited as service for purposes of this subchapter only if, in accordance with regulations prescribed by the Director of the Office of Personnel Management, the employee or Member authorizes the Director to deduct and withhold from the annuity payable to the employee or Member under this subchapter, and to pay to the former spouse covered by the court order, the same amount that would have been deducted and withheld from the employee's or Member's retired pay and paid to that former spouse under such section 1408.''. (2) Paragraph (1) of such subsection is amended by striking out ``Except as provided in paragraph (2)'' and inserting ``Except as provided in paragraphs (2) and (4)''. (b) Federal Employees' Retirement System.--(1) Subsection (c) of section 8411 of title 5, United States Code, is amended by adding at the end the following: ``(5) If an employee or Member waives retired pay that is subject to a court order for which there has been effective service on the Secretary concerned for purposes of section 1408 of title 10, the military service on which the retired pay is based may be credited as service for purposes of this chapter only if, in accordance with regulations prescribed by the Director of the Office of Personnel Management, the employee or Member authorizes the Director to deduct and withhold from the annuity payable to the employee or Member under this subchapter, and to pay to the former spouse covered by the court order, the same amount that would have been deducted and withheld from the employee's or Member's retired pay and paid to that former spouse under such section 1408.''. (2) Paragraph (1) of such subsection is amended by striking out ``Except as provided in paragraph (2) or (3)'' and inserting ``Except as provided in paragraphs (2), (3), and (5)''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on January 1, 1997.

Women's Pension Equity Act of 1996 - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to provide for the development of a model: (1) spousal consent form when an election is made to waive a qualified joint and survivor annuity or a qualified preretirement survivor annuity; and (2) qualified domestic relations order. Amends the Railroad Retirement Act of 1974 to extend the payment of any portion of Tier II Railroad Retirement benefits to surviving former spouses pursuant to divorce agreements. Amends Federal law to provide for a survivor annuity to widows, widowers, and certain former spouses of Federal employees who die after having separated from the service with title to a deferred annuity, but before attaining age for such annuity under the Civil Service Retirement System on the same basis as is currently provided to certain survivors of former Members of Congress. Revises provisions concerning Federal retirement benefits subject to a court order.

Women's Pension Equity Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Directed Energy Weapon Systems Acquisition Act of 2016''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Committee on Armed Services of the Senate noted in the report accompanying S. 1356 (S. Rept. 114-49; 114th Congress) that since 1960, the Department of Defense has invested more than $6,000,000,000 in directed energy science and technology initiatives, and that the Committee is concerned that, despite this significant investment, the Department's directed energy initiatives are not resourced at levels necessary to transition them to full-scale acquisition programs. (2) The Defense Science Board Task Force on Directed Energy Weapon Systems and Technology Applications (the ``Task Force'') found that ``directed energy offers promise as a transformational `game changer' in military operations, able to augment and improve operational capabilities in many areas''. (3) Despite this potential, years of investment have not resulted in any operational systems with high energy laser capability. (4) The Task Force believes that the range of potential application is sufficient to warrant significantly increased attention to the scope and direction of efforts to assess, develop, and field appropriate laser, microwave, and millimeter wave weapons. SEC. 3. INCLUSION OF DIRECTED ENERGY WEAPON SYSTEM PROGRAMS IN THE RAPID ACQUISITION AUTHORITY PROGRAM. (a) In General.--Section 806(c)(1) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2302 note) is amended by adding at the end the following new subparagraph: ``(D)(i) In the case of any supplies and associated support services that, as determined in writing by the Secretary of Defense without delegation, are urgently needed to eliminate a deficiency in directed energy weapon systems, the Secretary may use the procedures developed under this section in order to accomplish the rapid acquisition and deployment of needed offensive or defensive directed energy weapon systems capabilities, supplies, and associated support services. ``(ii) For the purposes of directed energy weapon systems acquisition, the Secretary of Defense shall consider use of the following procedures: ``(I) The rapid acquisition authority provided under this section. ``(II) Use of other transactions authority provided under section 2371 of title 10, United States Code. ``(III) The acquisition of commercial items using simplified acquisition procedures. ``(IV) The authority for procurement for experimental purposes provided under section 2373 of title 10, United States Code. ``(iii) In this subparagraph, the term `directed energy weapon system' means military action involving the use of directed energy to incapacitate, damage, or destroy enemy equipment, facilities, or personnel.''. (b) Conforming Amendments.--Section 2373 of title 10, United States Code, is amended-- (1) in subsection (a), by striking ``and aeronautical supplies'' and inserting ``, aeronautical supplies, and directed energy weapon systems''; and (2) by adding at the end of the following new subsection: ``(c) Directed Energy Weapon System Defined.--In this section, the term `directed energy weapon system' means military action involving the use of directed energy to incapacitate, damage, or destroy enemy equipment, facilities, or personnel.''. SEC. 4. JOINT DIRECTED ENERGY PROGRAM OFFICE. (a) Redesignation.--The High Energy Laser Joint Technology Office of the Department of Defense is hereby redesignated as the ``Joint Directed Energy Program Office'' (in this section referred to as the ``Office''). (b) Strategic Plan for Development and Transition of Directed Energy Weapons Capabilities Toward Fielding.--In addition to the functions and duties of the Office in effect on the day before the date of the enactment of this Act, the Office shall develop a strategic plan for development and transition of directed energy weapons capabilities toward fielding for the Department, in which the Office may define requirements for directed energy capabilities that address the highest priority warfighting capability gaps of the Department. (c) Acceleration of Development and Transition of Directed Energy Weapons Capabilities Toward Fielding.-- (1) In general.--To the degree practicable, the Office shall use the policies of the Department that are revised pursuant to this Act and new acquisition and management practices established pursuant to this Act to accelerate the development and transition of directed energy capabilities toward fielding. (2) Engagement.--The Secretary shall ensure that use of policies and practices described in paragraph (1) include engagement with defense and private industries, research universities, and unaffiliated, nonprofit research institutions.

Directed Energy Weapon Systems Acquisition Act of 2016 This bill amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 to state that, if supplies or support services are urgently needed to eliminate a deficiency in directed energy weapon systems, the Department of Defense (DOD) may use specified rapid acquisition procedures to acquire and deploy needed offensive or defensive directed energy weapon systems capabilities, supplies, and associated support services. "Directed energy weapon system" means military action using highly focused sound, electromagnetic, or particle-beam energy to incapacitate, damage, or destroy enemy equipment, facilities, or personnel. The bill redesignates DOD's High Energy Laser Joint Technology Office as the Joint Directed Energy Program Office. The Office shall: (1) develop a strategic plan for development and transition of directed energy weapons capabilities, and (2) use new and revised DOD policies to accelerate the development and transition of directed energy capabilities toward fielding.

Directed Energy Weapon Systems Acquisition Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Our Youth from Dangerous Synthetic Drugs Act of 2013''. SEC. 2. ENFORCEMENT. (a) In General.--The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended-- (1) in section 102(32), by striking subparagraph (A) and inserting the following: ``(A) Except as provided in subparagraph (C), the term `controlled substance analogue' means-- ``(i) a substance whose chemical structure is substantially similar to the chemical structure of a controlled substance in schedule I or II-- ``(I) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or ``(II) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or ``(ii) a substance designated as a controlled substance analogue by the Controlled Substance Analogue Committee in accordance with section 201(i).''; and (2) in section 201, by adding at the end the following: ``(i)(1) The Attorney General, in consultation with the Secretary of Health and Human Services, shall establish an interagency committee, to be known as the Controlled Substance Analogue Committee (referred to in this subsection as the `Committee'). ``(2) The Committee shall be-- ``(A) headed by the Administrator of the Drug Enforcement Administration; and ``(B) comprised of scientific experts in the fields of chemistry and pharmacology from-- ``(i) the Drug Enforcement Administration; ``(ii) the National Institute on Drug Abuse; ``(iii) the Centers for Disease Control and Prevention; and ``(iv) any other Federal agency determined by the Attorney General, in consultation with the Secretary of Health and Human Services, to be appropriate. ``(3)(A) The Committee shall convene, on an as needed basis, to establish and maintain a list of controlled substance analogues. ``(B) A substance may be designated as a controlled substance analogue by the Committee under this subsection if the substance is determined by the Committee to be similar to a schedule I or II controlled substance in either its chemical structure or its predictive effect on the body, in such a manner as to make it likely that the substance will, or can be reasonably expected to have a potential for abuse. ``(C) Evidence of human consumption by an individual or the public at large is not necessary before a substance may be designated as a controlled substance analogue under this subsection. ``(D) The Attorney General shall, through rulemaking, establish procedures of operation for the Committee. ``(4)(A) Not later than 30 days before each meeting of the Committee, the Attorney General shall submit to the Secretary of Health and Human Services a notice of the meeting of the Committee, which shall include-- ``(i) a list of the substances to be considered by the Committee during the meeting for designation as a controlled substance analogue; and ``(ii) a request for the Secretary of Health and Human Services to make a determination of whether an exemption or approval for each substance listed under clause (i) is in effect under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355). ``(B) Not later than 30 days after the date on which the Secretary of Health and Human Services receives notice under subparagraph (A), the Secretary shall submit to the Attorney General a written response to the request described under subparagraph (A)(ii). The Committee shall consider the response submitted by the Secretary of Health and Human Services in determining whether to designate a substance considered by the Committee at the meeting as a controlled substance analogue. ``(5)(A) The Attorney General shall publish in the Federal Register any designation made by the Committee under this subsection. ``(B) The Administrator of the Drug Enforcement Administration shall publish, on the website of the Drug Enforcement Administration, a description of each designation made by the Committee under this subsection, which shall include-- ``(i) the chemical and common name of the controlled substance analogue; ``(ii) the effective date of the determination, as described in paragraph (6)(A); and ``(iii) any schedule I or II controlled substance that the Committee has determined a substance is an analogue of. ``(6) A designation made by the Committee under this subsection shall take effect on the date that is 30 days after the date on which the designation is published in the Federal Register under paragraph (5)(A). ``(7) If a substance designated as a controlled substance analogue by the Committee under this section is subsequently scheduled through a rulemaking proceeding under subsection (a), (d), or (h), the substance shall be automatically removed from the controlled substance analogue list. ``(8) If a defendant challenges the designation of a controlled substance analogue made by the Committee under this subsection the issue shall be considered a question of law.''. (b) Funding.--Section 111(b)(2)(B) of Public Law 102-395 (21 U.S.C. 886a(2)(B)) is amended by inserting ``controlled substance analogues,'' after ``substances,''. SEC. 3. IMPORTATION OF CONTROLLED SUBSTANCE ANALOGUES. Section 1002 of the Controlled Substances Import and Export Act (21 U.S.C. 952) is amended-- (1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; and (2) by inserting after subsection (b) the following: ``(c) It shall be unlawful to import into the customs territory of the United States from any place outside thereof (but within the United States), or to import into the United States from any place outside thereof, any controlled substance analogue designated pursuant to section 201(i) of the Controlled Substances Act (21 U.S.C. 811(i)) unless the controlled substance analogue is imported pursuant to such notification or declaration as the Attorney General may by regulation prescribe.''. SEC. 4. DIRECTIVE TO SENTENCING COMMISSION. (a) In General.--Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements to ensure the guidelines and policy statements provide adequate penalties for any offense involving the unlawful manufacturing, importing, exporting, or trafficking of controlled substance analogues under part D of the Controlled Substances Act (21 U.S.C. 841 et seq.) or part A of the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.) and similar offenses, including unlawful possession, possession with intent to commit any of the foregoing offenses, and attempt and conspiracy to commit any of the foregoing offenses. (b) Commission Duties.--In carrying out this section, the Sentencing Commission shall-- (1) ensure that the sentences, guidelines, and policy statements relating to offenders convicted of these offenses are appropriately severe and reasonably consistent with other relevant directives and other Federal sentencing guidelines and policy statements; (2) make any necessary conforming changes to the Federal sentencing guidelines; and (3) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code.

Protecting Our Youth from Dangerous Synthetic Drugs Act of 2013 - Amends the Controlled Substances Act to include in the definition of a "controlled substance analogue" a substance designated as such by the Controlled Substance Analogue Committee (established by this Act). Directs the Attorney General to establish such Committee as an interagency committee headed by the Administrator of the Drug Enforcement Administration (DEA) and comprised of scientific experts in the fields of chemistry and pharmacology from DEA, the National Institute on Drug Abuse, the Centers for Disease Control and Prevention (CDC), and any other federal agency determined by the Attorney General to be appropriate. Requires the Committee to designate, and establish and maintain a list of, controlled substance analogues determined to be similar to a schedule I or II controlled substance in either chemical structure or predictive effect on the body in such a manner as to make it likely that the substance will, or can be reasonably expected to, have a potential for abuse. Directs the Administrator to publish a description of each designation made by the Committee. Amends the Controlled Substances Import and Export Act to prohibit the importation of any controlled substance analogue except pursuant to such notification or declaration as the Attorney General may prescribe. Directs the U.S. Sentencing Commission to review and, if appropriate, amend the federal sentencing guidelines and policy statements to ensure that they provide adequate penalties for any offense involving the unlawful manufacturing, importing, exporting, or trafficking of controlled substance analogues and similar offenses.

Protecting Our Youth from Dangerous Synthetic Drugs Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elder Fall Prevention Act of 2002''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Falls are the leading cause of injury deaths among people over 65. (2) Sixty percent of fall-related deaths occur among persons 75 and older. (3) Twenty-five percent of elderly persons who sustain a hip fracture die within 1 year. (4) Hospital admissions for hip fractures among the elderly have increased from 231,000 admissions in 1988 to 332,000 in 1999. The number of hip fractures is expected to exceed 500,000 by 2040. (5) The costs to the Medicare and Medicaid programs and society as a whole from falls by elderly persons continue to climb much faster than inflation and population growth. Direct costs alone will exceed $32,000,000,000 in 2020. (6) The Federal Government should devote additional resources to research regarding the prevention and treatment of falls in residential as well as institutional settings. (7) A national approach to reducing elder falls, which focuses on the daily life of senior citizens in residential, institutional, and community settings is needed. The approach should include a wide range of organizations and individuals including family members, health care providers, social workers, architects, employers and others. (8) Reducing preventable adverse events, such as elder falls, is an important aspect to the agenda to improve patient safety. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to develop effective public education strategies in a national initiative to reduce elder falls in order to educate the elders themselves, family members, employers, caregivers, and others who touch the lives of senior citizens; (2) to expand needed services and gain information about the most effective approaches to preventing and treating elder falls; and (3) to require the Secretary of Health and Human Services to evaluate the effect of falls on the costs of medicare and medicaid and the potential for reducing costs by expanding services covered under these two programs. SEC. 4. PUBLIC EDUCATION. Subject to the availability of appropriations, the Administration on Aging within the Department of Health and Human Services shall-- (1) oversee and support a three-year national education campaign to be carried out by the National Safety Council to be directed principally to elders, their families, and health care providers and focusing on ways of reducing the risk of elder falls and preventing repeat falls; and (2) provide grants to qualified organizations and institutions for the purpose of organizing State-level coalitions of appropriate State and local agencies, safety, health, senior citizen and other organizations to design and carry out local education campaigns, focusing on ways of reducing the risk of elder falls and preventing repeat falls. SEC. 5. RESEARCH. (a) In General.--Subject to the availability of appropriations, the Secretary of Health and Human Services shall-- (1) conduct and support research to-- (A) improve the identification of elders with a high risk of falls; (B) improve data collection and analysis to identify fall risk and protective factors; (C) improve strategies that are proven to be effective in reducing subsequent falls by elderly fall victims; (D) expand proven interventions to prevent elder falls; (E) improve the diagnosis, treatment, and rehabilitation of elderly fall victims; and (F) assess the risk of falls occurring in various settings; (2) conduct research concerning barriers to the adoption of proven interventions with respect to the prevention of elder falls (such as medication review and vision enhancement); and (3) evaluate the effectiveness of community programs to prevent assisted living and nursing home falls by elders. (b) Administration.--In carrying out subsection (a), the Secretary of Health and Human Services shall-- (1) conduct research and surveillance activities related to the community-based and populations-based aspects of elder fall prevention through the Director of the Centers for Disease Control and Prevention; (2) conduct research related to elder fall prevention in health care delivery settings and clinical treatment and rehabilitation of elderly fall victims through the Director of the Agency for Healthcare Research and Quality; and (3) ensure the coordination of the activities described in paragraphs (1) and (2). (c) Grants.--The Secretary of Health and Human Services shall award grants to qualified organizations and institutions to enable such organizations and institutions to provide professional education for physicians and allied health professionals in elder fall prevention. SEC. 6. DEMONSTRATION PROJECTS. Subject to the availability of appropriations, the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and in consultation with the Director of the Agency for Healthcare Research and Quality, shall carry out the following: (1) Oversee and support demonstration and research projects to be carried out by the National Safety Council in the following areas: (A) A multi-State demonstration project assessing the utility of targeted fall risk screening and referral programs. (B) Programs targeting newly-discharged fall victims who are at a high risk for second falls, which shall include, but not be limited to modification projects for elders with multiple sensory impairments, video and web-enhanced fall prevention programs for caregivers in multifamily housing settings, and development of technology to prevent and detect falls. (C) Private sector and public-private partnerships, involving home remodeling, home design and remodeling (in accordance with accepted building codes and standards) and nursing home and hospital patient supervision. (2)(A) Provide grants to qualified organizations and institutions to design and carry out fall prevention programs in residential and institutional settings. (B) Provide one or more grants to one or more qualified applicants in order to carry out a multi-State demonstration project to implement fall prevention programs targeted toward multi-family residential settings with high concentrations of elders, including identifying high risk populations, evaluating residential facilities, conducting screening to identify high risk individuals, providing pre-fall counseling, coordinating services with health care and social service providers and coordinating post-fall treatment and rehabilitation. (C) Provide one or more grants to qualified applicants to conduct evaluations of the effectiveness of the demonstration projects in this section. SEC. 7. REVIEW OF REIMBURSEMENT POLICIES. (a) In General.--The Secretary of Health and Human Services shall undertake a review of the effects of falls on the costs of the Medicare and Medicaid programs and the potential for reducing costs by expanding services covered by these two programs. This review shall include a review of the reimbursement policies of medicare and medicaid in order to determine if additional fall-related services should be covered or reimbursement guidelines should be modified. (b) Report.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Congress a report describing the findings of the Secretary in conducting the review under subsection (a). SEC. 8. AUTHORIZATION OF APPROPRIATION. In order to carry out the provisions of this Act, there are authorized to be appropriated-- (1) to carry out the national public education provisions described in section 4(1), $5,000,000 for each of fiscal years 2003 through 2005; (2) to carry out the State public education campaign provisions of section 4(2), $8,000,000 for each of fiscal years 2003 through 2005; (3) to carry out research projects described in section 5, $10,000,000 for each of fiscal years 2003 through 2005; and (4) to carry out the demonstration projects described in section 6(1), $7,000,000 for each of fiscal years 2003 through 2005; and (5) to carry out the demonstration and research projects described in section 6(2), $8,000,000 for each of fiscal years 2003 through 2005.

Elder Fall Prevention Act of 2002 - Directs the Administration on Aging within the Department of Health and Human Services to: (1) oversee and support a three-year national education campaign by the National Safety Council focusing on ways to reduce the risk of elder falls and prevent repeat falls; and (2) provide grants for State coalitions for local education campaigns addressing reduction and prevention of elder falls.Requires the Secretary of Health and Human Services to: (1) conduct and support research concerning high-risk elders, risk and protective factors, fall reduction strategies, fall prevention interventions, diagnosis and treatment of victims, barriers to adopting proven interventions, and the effectiveness of community programs in preventing assisted living and nursing home falls; and (2) award grants to enable organizations to provide professional education for physicians and health professionals in elder fall prevention.Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention, to : (1) oversee and support demonstration and research projects to be carried out by the Council to assess the utility of targeted fall risk screening and referral programs and to include programs targeting newly-discharged fall victims at high risk for second falls and private-public partnerships involving home design and remodeling; and (2) provide grants to design and implement fall prevention programs in residential and institutional settings, including a multi-State demonstration project.Directs the Secretary to review the effects of falls on the costs of the Medicare and Medicaid Programs and the potential for reducing costs by expanding covered services, including a review of reimbursement policies.

A bill to direct the Secretary of Health and Human Services to expand and intensify programs with respect to research and related activities concerning elder falls.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Stalker Reduction Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) stalking, which is the willful, malicious, and repeated following or harassing by an individual who makes a threat with the intent to place another individual in imminent fear of death or serious bodily injury, often is part of a pattern of behavior within the scope of domestic violence; (2) there is insufficient data available to determine the extent and number of incidents of stalking; (3) nearly 30 percent of all female murders are attributed to domestic violence; (4) State criminal statutes often do not apply to stalking, and more than 50 percent of the States have failed to enact legislation that includes stalking; and (5) the prolonged suffering of victims from stalking has been frequently reported by the media, and victims, their families, and friends. SEC. 3. ENACTMENT OF STATE ANTI-STALKING LEGISLATION. (a) Programs Regarding Stalking.--Section 501(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended-- (1) by striking the period at the end of paragraph (21) and adding ``; and''; and (2) by adding at the end the following: ``(22) programs that increase awareness, reporting, and prevention of stalking.''. (b) Formula Grant Reduction for Noncompliance.--Section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding at the end the following: ``(g) In order not to reduce the funds available under this subpart by 25 percent (for redistribution to other participating States), a State shall, on the first day of each fiscal year succeeding the first fiscal year beginning after September 30, 1994, meet the following requirements: ``(1) Have in effect throughout the State in such fiscal year a law which-- ``(A) makes it unlawful for an individual to willfully, maliciously, and repeatedly follow or harass another individual while making a threat with the intent to place such individual in imminent fear of death or serious bodily injury; ``(B) provides a minimum penalty of-- ``(i) in the case of a first offense, a fine of not less than $1,000 or imprisonment for not more than 5 years, or both; ``(ii) in the case of violation of a temporary or permanent vacate, restraining, or no-contact order or judgment issued under State law, imprisonment for not less than one year, but not more than 5 years; ``(iii) in any other case, imprisonment for not less than 2 years, but not more than 10 years. ``(2) Require that the State, in consultation with State or local domestic violence coalitions, develop training programs for law enforcement, judicial, and court personnel. ``(3) Require each public agency in the State which employs law enforcement officers or judicial personnel to report information regarding domestic violence offenses to a designated statewide central registry in the State. ``(4) Require judicial personnel to search and examine the central registry of statewide domestic violence records when petitioned for a civil restraining order. ``(5) Require judicial personnel to report information regarding a defendant to law enforcement personnel when an outstanding warrant exists.''. SEC. 4. STATE DATA BASES. (a) Allocation Reservation.--Subject to subsection (d), each State which receives funds under section 506 of the Omnibus Crime Control and Safe Streets Act of 1968 in a fiscal year shall allocate not less than 5 percent of such funds for the development of records regarding stalking and other forms of domestic violence. (b) Development of Records.--The development of records referred to in subsection (a) shall include-- (1) the development or expansion of maintaining records regarding the dispositions of all complaints and arrests for stalking and other forms of domestic violence; (2) the full automation of such records; and (3) the frequency and quality of reports sent to the Bureau of Justice Statistics. (c) The Director, in consultation with the Director of the Bureau of Justice Statistics, shall establish guidelines for the fulfillment of the requirements specified in subsections (a) and (b) of this section. (d) In accordance with such guidelines as the Director shall issue and at the request of a State, the Director may-- (1) waive compliance with subsection (a) by such State; or (2) authorize such State to reduce the minimum amount such State is required to allocate under subsection (a); if the Director finds that the quality of the States' records regarding stalking and domestic violence complaints and arrests does not warrant expending the amount allocated under subsection (a). SEC. 5. NATIONAL INFORMATION. (a) Definitions.--Not later than 6 months after the date of the enactment of this Act, the Bureau of Justice Statistics shall define terms that relate to stalking and make such definitions available to individuals and groups that request such information. (b) Collection of Data.--Not later than 2 years after the date of the enactment of this Act, the Bureau of Justice Statistics, in coordination with the Federal Bureau of Investigation and the States, shall compile a national data base regarding stalking civil protective orders and other forms of domestic violence. SEC. 6. REPORTING. The Director of the Bureau of Justice Assistance shall submit to the Congress an annual report, beginning one year after the date of the enactment of this Act, that evaluates the effectiveness of State anti- stalking efforts and legislation.

National Stalker Reduction Act of 1993 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) authorize the Director of the Bureau of Justice Assistance to make grants to States which include programs that increase awareness, reporting, and prevention of stalking; and (2) provide for a reduction of formula grants for noncompliance by States with specified requirements. Directs each State which receives drug control and system improvement formula grants under the Act in a fiscal year to allocate not less than five percent of such funds for the development of records regarding stalking and other forms of domestic violence, including: (1) the development or expansion of maintaining records regarding the dispositions of all complaints and arrests for stalking and other forms of domestic violence; (2) the full automation of such records; and (3) the frequency and quality of reports sent to the Bureau of Justice Statistics. Authorizes the Director to waive compliance with such allocation requirement by a State, or to authorize a State to reduce the minimum amount such State is required to allocate, if the Director finds that the quality of the States' records regarding stalking and domestic violence complaints and arrests does not warrant expending the amount allocated. Requires the Bureau of Justice Statistics to: (1) define terms that relate to stalking and make such definitions available to individuals and groups that request such information; and (2) compile a national database regarding stalking and other forms of domestic violence. Requires the Director to submit annual reports to the Congress, evaluating the effectiveness of State anti-stalking efforts and legislation.

National Stalker Reduction Act of 1993

SECTION 1. ESTABLISHMENT OF COMMISSION. There is established in the legislative branch the Katrina Commission (in this Act referred to as the ``Commission''). SEC. 2. COMPOSITION OF COMMISSION. (a) Members.--The Commission shall be composed of 10 members, of whom-- (1) 1 member shall be appointed by the President, who shall serve as chairman of the Commission; (2) 1 member shall be appointed by the leader of the Senate (majority or minority leader, as the case may be) of the Democratic Party, in consultation with the leader of the House of Representatives (majority or minority leader, as the case may be) of the Democratic Party, who shall serve as vice chairman of the Commission; (3) 2 members shall be appointed by the senior member of the Senate leadership of the Democratic Party; (4) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Republican Party; (5) 2 members shall be appointed by the senior member of the Senate leadership of the Republican Party; and (6) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Democratic Party. (b) Qualifications; Initial Meeting.-- (1) Political party affiliation.--Not more than 5 members of the Commission shall be from the same political party. (2) Nongovernmental appointees.--An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. (3) Other qualifications.--It is the sense of Congress that individuals appointed to the Commission should be prominent United States citizens who represent a diverse range of citizens and enjoy national recognition and significant depth of experience in such professions as governmental service, emergency preparedness, mitigation planning, cataclysmic planning and response, intergovernmental management, resource planning, recovery operations and planning, Federal coordination, military coordination, and other extensive natural disaster and emergency response experience. (4) Deadline for appointment.--All members of the Commission shall be appointed on or before October 1, 2005. (5) Initial meeting.--The Commission shall meet and begin the operations of the Commission as soon as practicable. (c) Quorum; Vacancies.--After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of its members. Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. SEC. 3. DUTIES. The duties of the Commission are to-- (1) examine and report upon the Federal, State, and local response to the devastation wrought by Hurricane Katrina in the Gulf Region of the United States of America especially in the States of Louisiana, Mississippi, Alabama, and other areas impacted in the aftermath; (2) ascertain, evaluate, and report on the information developed by all relevant governmental agencies regarding the facts and circumstances related to Hurricane Katrina prior to striking the United States and in the days and weeks following; (3) build upon concurrent and prior investigations of other entities, and avoid unnecessary duplication concerning information related to existing vulnerabilities; (4) make a full and complete accounting of the circumstances surrounding the approach of Hurricane Katrina to the Gulf States, and the extent of the United States government's preparedness for, and response to, the hurricane; (5) planning necessary for future cataclysmic events requiring a significant marshaling of Federal resources, mitigation, response, and recovery to avoid significant loss of life; (6) an analysis as to whether any decisions differed with respect to response and recovery for different communities, neighborhoods, parishes, and locations and what problems occurred as a result of a lack of a common plan, communication structure, and centralized command structure; and (7) investigate and report to the President and Congress on its findings, conclusions, and recommendations for immediate corrective measures that can be taken to prevent problems with Federal response that occurred in the preparation for, and in the aftermath of, Hurricane Katrina so that future cataclysmic events are responded to adequately. SEC. 4. FUNCTIONS OF COMMISSION. (a) In General.--The functions of the Commission are to-- (1) conduct an investigation that-- (A) investigates relevant facts and circumstances relating to the catastrophic impacts that Hurricane Katrina exacted upon the Gulf Region of the United States especially in New Orleans and surrounding parishes, and impacted areas of Mississippi and Alabama; and (B) shall include relevant facts and circumstances relating to-- (i) Federal emergency response planning and execution at the Federal Emergency Management Agency, the Department of Homeland Security, the White House, and all other Federal entities with responsibility for assisting during, and responding to, natural disasters; (ii) military and law enforcement response planning and execution; (iii) Federal mitigation plans, programs, and policies including prior assessments of existing vulnerabilities and exercises designed to test those vulnerabilities; (iv) Federal, State, and local communication interoperability successes and failures; (v) past, present, and future Federal budgetary provisions for preparedness, mitigation, response, and recovery; (vi) the Federal Emergency Management Agency's response capabilities as an independent agency and as part of the Department of Homeland Security; (vii) the role of congressional oversight and resource allocation; (viii) other areas of the public and private sectors determined relevant by the Commission for its inquiry; and (ix) long-term needs for people impacted by Hurricane Katrina and other forms of Federal assistance necessary for large-scale recovery; (2) identify, review, and evaluate the lessons learned from Hurricane Katrina including coordination, management policies, and procedures of the Federal Government, State and local governments, and nongovernmental entities, relative to detection, planning, mitigation, asset prepositioning, and responding to cataclysmic natural disasters such as Hurricane Katrina; and (3) submit to the President and Congress such reports as are required by this Act containing such findings, conclusions, and recommendations as the Commission shall determine, including proposing organization, coordination, planning, management arrangements, procedures, rules, and regulations. SEC. 5. POWERS OF COMMISSION. (a) In General.-- (1) Hearings and evidence.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act-- (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. (2) Subpoenas.-- (A) Issuance.-- (i) In general.--A subpoena may be issued under this subsection only-- (I) by the agreement of the chairman and the vice chairman; or (II) by the affirmative vote of 6 members of the Commission. (ii) Signature.--Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the chairman or any member designated by a majority of the Commission, and may be served by any person designated by the chairman or by a member designated by a majority of the Commission. (B) Enforcement.-- (i) In general.--In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (ii) Additional enforcement.--In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (b) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (c) Information From Federal Agencies.-- (1) In general.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (2) Receipt, handling, storage, and dissemination.-- Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (e) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (f) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 6. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (b) Public Meetings and Release of Public Versions of Reports.--The Commission shall-- (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under section 10. (c) Public Hearings.--Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. SEC. 7. STAFF OF COMMISSION. (a) In General.-- (1) Appointment and compensation.--The chairman, in consultation with the vice chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Personnel as federal employees.-- (A) In general.--The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission.--Subparagraph (A) shall not be construed to apply to members of the Commission. (b) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 8. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 9. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this Act without the appropriate security clearances. SEC. 10. REPORTS OF COMMISSION; TERMINATION. (a) Interim Reports.--The Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (b) Final Report.--Not later than 6 months after the date of the enactment of this Act, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (c) Termination.-- (1) In general.--The Commission, and all the authorities of this Act, shall terminate 60 days after the date on which the final report is submitted under subsection (b). (2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. SEC. 11. FUNDING. (a) Emergency Appropriation of Funds.--There are authorized to be appropriated $3,000,000 for purposes of the activities of the Commission under this Act and such funding is designated as emergency spending under section 402 of H. Con. Res. 95 (109th Congress). (b) Duration of Availability.--Amounts made available to the Commission under subsection (a) shall remain available until the termination of the Commission.

Establishes in the legislative branch a bipartisan Katrina Commission to: (1) examine and report upon the federal, state, and local response to the devastation wrought by Hurricane Katrina in the Gulf Region of Louisiana, Mississippi, Alabama, and other affected areas; (2) evaluate and report on the information developed by all relevant governmental agencies related to Hurricane Katrina before it struck the United States and in the days and weeks following; (3) make a complete accounting of the circumstances surrounding the approach of Hurricane Katrina to the Gulf states, and the extent of the Government's preparedness for and response to it; (4) examine planning necessary for future cataclysmic events that will require a significant marshaling of federal resources, mitigation, response, and recovery to avoid significant loss of life; (5) analyze whether any decisions differed with respect to response and recovery for different communities and what problems occurred as a result of a lack of a common plan, communication structure, and centralized command structure; and (6) investigate and report to the President and Congress on immediate corrective measures that can be taken to prevent problems with federal response to future cataclysmic events.

A bill to establish a congressional commission to examine the Federal, State, and local response to the devastation wrought by Hurricane Katrina in the Gulf Region of the United States especially in the States of Louisiana, Mississippi, Alabama, and other areas impacted in the aftermath and make immediate corrective measures to improve such responses in the future.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hack Your State Department Act''. SEC. 2. DEFINITIONS. In this Act: (1) Bug bounty program.--The term ``bug bounty program'' means a program under which an approved individual, organization, or company is temporarily authorized to identify and report vulnerabilities of internet-facing information technology of the Department in exchange for compensation. (2) Department.--The term ``Department'' means the Department of State. (3) Information technology.--The term ``information technology'' has the meaning given such term in section 11101 of title 40, United States Code. (4) Secretary.--The term ``Secretary'' means the Secretary of State. SEC. 3. DEPARTMENT OF STATE VULNERABILITY DISCLOSURE PROCESS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall design, establish, and make publicly known a Vulnerability Disclosure Process (VDP) to improve Department cybersecurity by-- (1) providing security researchers with clear guidelines for-- (A) conducting vulnerability discovery activities directed at Department information technology; and (B) submitting discovered security vulnerabilities to the Department; and (2) creating Department procedures and infrastructure to receive and fix discovered vulnerabilities. (b) Requirements.--In establishing the VDP pursuant to paragraph (1), the Secretary shall-- (1) identify which Department information technology should be included in the process; (2) determine whether the process should differentiate among and specify the types of security vulnerabilities that may be targeted; (3) provide a readily available means of reporting discovered security vulnerabilities and the form in which such vulnerabilities should be reported; (4) identify which Department offices and positions will be responsible for receiving, prioritizing, and addressing security vulnerability disclosure reports; (5) consult with the Attorney General regarding how to ensure that approved individuals, organizations, and companies that comply with the requirements of the process are protected from prosecution under section 1030 of title 18, United States Code, and similar provisions of law for specific activities authorized under the process; (6) consult with the relevant offices at the Department of Defense that were responsible for launching the 2016 Vulnerability Disclosure Program, ``Hack the Pentagon'', and subsequent Department of Defense bug bounty programs; (7) engage qualified interested persons, including nongovernmental sector representatives, about the structure of the process as constructive and to the extent practicable; and (8) award a contract to an entity, as necessary, to manage the process and implement the remediation of discovered security vulnerabilities. (c) Annual Reports.--Not later than 180 days after the establishment of the VDP under subsection (a) and annually thereafter for the next six years, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the following with respect to the VDP: (1) The number and severity, in accordance with the National Vulnerabilities Database of the National Institute of Standards and Technology, of security vulnerabilities reported. (2) The number of previously unidentified security vulnerabilities remediated as a result. (3) The current number of outstanding previously unidentified security vulnerabilities and Department of State remediation plans. (4) The average length of time between the reporting of security vulnerabilities and remediation of such vulnerabilities. (5) An estimate of the total cost savings of discovering and addressing security vulnerabilities submitted through the VDP. (6) The resources, surge staffing, roles, and responsibilities within the Department used to implement the VDP and complete security vulnerability remediation. (7) Any other information the Secretary determines relevant. SEC. 4. DEPARTMENT OF STATE BUG BOUNTY PILOT PROGRAM. (a) Establishment of Pilot Program.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary shall establish a bug bounty pilot program to minimize security vulnerabilities of internet-facing information technology of the Department. (2) Requirements.--In establishing the pilot program described in paragraph (1), the Secretary shall-- (A) provide compensation for reports of previously unidentified security vulnerabilities within the websites, applications, and other internet-facing information technology of the Department that are accessible to the public; (B) award a contract to an entity, as necessary, to manage such pilot program and for executing the remediation of security vulnerabilities identified pursuant to subparagraph (A); (C) identify which Department information technology should be included in such pilot program; (D) consult with the Attorney General on how to ensure that approved individuals, organizations, or companies that comply with the requirements of such pilot program are protected from prosecution under section 1030 of title 18, United States Code, and similar provisions of law for specific activities authorized under such pilot program; (E) consult with the relevant offices at the Department of Defense that were responsible for launching the 2016 ``Hack the Pentagon'' pilot program and subsequent Department of Defense bug bounty programs; (F) develop a process by which an approved individual, organization, or company can register with the entity referred to in subparagraph (B), submit to a background check as determined by the Department, and receive a determination as to eligibility for participation in such pilot program; (G) engage qualified interested persons, including nongovernmental sector representatives, about the structure of such pilot program as constructive and to the extent practicable; and (H) consult with relevant United States Government officials to ensure that such pilot program compliments persistent network and vulnerability scans of the Department of State's internet-accessible systems, such as the scans conducted pursuant to Binding Operational Directive BOD-15-01. (3) Duration.--The pilot program established under paragraph (1) should be short-term in duration and not last longer than one year. (b) Report.--Not later than 180 days after the date on which the bug bounty pilot program under subsection (a) is completed, the Secretary shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on such pilot program, including information relating to-- (1) the number of approved individuals, organizations, or companies involved in such pilot program, broken down by the number of approved individuals, organizations, or companies that-- (A) registered; (B) were approved; (C) submitted security vulnerabilities; and (D) received compensation; (2) the number and severity, in accordance with the National Vulnerabilities Database of the National Institute of Standards and Technology, of security vulnerabilities reported as part of such pilot program; (3) the number of previously unidentified security vulnerabilities remediated as a result of such pilot program; (4) the current number of outstanding previously unidentified security vulnerabilities and Department remediation plans; (5) the average length of time between the reporting of security vulnerabilities and remediation of such vulnerabilities; (6) the types of compensation provided under such pilot program; and (7) the lessons learned from such pilot program. Passed the House of Representatives September 25, 2018. Attest: KAREN L. HAAS, Clerk.

Hack Your State Department Act This bill requires the Department of State to design, establish, and make publicly known a Vulnerability Disclosure Process to improve cybersecurity. The process requirements include: (1) identifying which information technology should be included, (2) providing a readily available means of reporting discovered security vulnerabilities, and (3) identifying the offices and position that will be responsible for addressing security vulnerability disclosures. The bill requires the State Department to establish a bug bounty pilot program to provide compensation for reports of previously unidentified security vulnerabilities of its internet-facing information technology.

Hack Your State Department Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Israel Energy Cooperation Act''. SEC. 2. FINDINGS. Congress finds that-- (1) it is in the highest national security interests of the United States to develop alternative renewable energy sources; (2) the State of Israel is a steadfast ally of the United States; (3) the special relationship between the United States and Israel is manifested in a variety of cooperative scientific research and development programs, such as-- (A) the United States-Israel Binational Science Foundation (BSF); and (B) the United States-Israel Binational Industrial Research and Development Foundation (BIRD); (4) those programs have made possible many scientific, technological, and commercial breakthroughs in the fields of life sciences, medicine, bioengineering, agriculture, biotechnology, communications, and others; (5) on February 1, 1996, the Secretary of Energy and the Israeli Minister of Energy and Infrastructure signed an agreement to establish a framework for collaboration between the United States and Israel in energy research and development activities; (6) Israeli scientists and engineers are at the forefront of research and development in the field of alternative renewable energy sources; and (7) enhanced cooperation between the United States and Israel for the purpose of research and development of alternative renewable energy sources would be in the national interests of both countries. SEC. 3. DEFINITIONS. In this Act: (1) BIRD.--The term ``BIRD'' means the United States-Israel Binational Industrial Research and Development Foundation. (2) BSF.--The term ``BSF'' means the United States-Israel Binational Science Foundation. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy, acting through the Assistant Secretary for Energy Efficiency and Renewable Energy. SEC. 4. GRANT PROGRAM. (a) Establishment.--In implementing the Agreement entitled the ``Agreement between the Department of Energy of the United States of America and the Ministry of Energy and Infrastructure of Israel Concerning Energy Cooperation'', dated February 1, 1996, the Secretary shall establish a grant program to support research, development, and commercialization of alternative renewable energy sources. (b) Types of Energy.--In carrying out subsection (a), the Secretary may make grants to promote-- (1) solar energy; (2) biomass energy; (3) energy efficiency; (4) wind energy; (5) fossil energy; and (6) other types of energy, as determined by the Secretary. (c) Eligible Applicants.--An applicant shall be eligible to receive a grant under this section if the project of the applicant-- (1)(A) addresses a requirement in the areas of alternative energy, improved energy efficiency, or renewable energy sources determined by the Secretary and applies for the grant in accordance with procedures established under this section; or (B) is a joint venture between-- (i)(I) a for-profit business entity, academic institution, National Laboratory (as defined in section 2 of the Energy Policy Act of 2005), or nonprofit entity in the United States; and (II) a for-profit business entity, academic institution, or nonprofit entity in Israel; or (ii)(I) the Government of the United States; and (II) the Government of Israel; and (2) meets any other qualifications that the Secretary may require. (d) Applications.-- (1) In general.--To be eligible to receive a grant under this section, an applicant shall submit an application for the grant to-- (A) the Secretary, in accordance with procedures established by the Secretary; or (B) the BIRD or BSF, in accordance with procedures established by the respective entity. (2) Use of bird and bsf.-- (A) Allocation for bird and bsf.--The Secretary shall use not less than 50 percent of the funds that are provided to make grants under this section for a fiscal year to make grants through the BIRD and BSF. (B) Allocation between bird and bsf.--The Secretary shall determine the manner in which funds made available for a fiscal year under this paragraph are allocated between the BIRD and BSF. (e) Advisory Board.-- (1) Establishment.--The Secretary shall establish an advisory board to-- (A) monitor how grants are awarded under this section; and (B) provide to the Secretary periodic performance reviews of actions taken to carry out this section. (2) Composition.--The advisory board shall be composed of-- (A) a representative of the Government of the United States, appointed by the Secretary; and (B) a representative of the Government of Israel, appointed by the Government of Israel. (f) Repayment.-- (1) In general.--Subject to paragraph (2), the Secretary may require a recipient of a grant under this section to repay to the Secretary, the BIRD, or the BSF, as determined by the Secretary, an amount equal to-- (A) the amount of the grant, including interest at a rate determined by the Secretary; and (B) such charges for the administration of the grant as the Secretary determines appropriate. (2) Limitation.--In carrying out paragraph (1), the Secretary may not require a grant recipient to repay more than 150 percent of the amount of the grant, adjusted in accordance with the Consumer Price Index for all-urban consumers, United States city average, as published by the Bureau of Labor Statistics. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2006 through 2012.

United States-Israel Energy Cooperation Act - Instructs the Secretary of Energy, in implementing the Agreement between the Department of Energy of the United States of America and the Ministry of Energy and Infrastructure of Israel Concerning Energy Cooperation, to establish a grant program to support research, development, and commercialization of alternative renewable energy sources. Authorizes grants to promote the following: (1) solar energy; (2) biomass energy; (3) energy efficiency; (4) wind energy; and (5) fossil energy. Directs the Secretary to establish an advisory board to: (1) monitor how such grants are awarded; and (2) provide periodic performance reviews of actions taken to carry out the grant program.

A bill to establish a joint energy cooperation program within the Department of Energy to fund eligible ventures between United States and Israeli businesses and academic persons in the national interest, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Doctor-Patient Relationship and Research Protection Act''. SEC. 2. FEDERAL COORDINATING COUNCIL FOR COMPARATIVE EFFECTIVENESS RESEARCH. (a) Authority.--Paragraph (1) of section 804(c) of title VIII of division A of the American Recovery and Reinvestment Act of 2009 (42 U.S.C. 299b-8(c)) is amended to read as follows: ``(1) notwithstanding the provisions under the heading `agency for healthcare research and quality' of this title and any other provision of law, have full authority to direct and coordinate all Federal funding of comparative effectiveness health care research, including such research conducted or supported by the Departments of Health and Human Services, Veterans Affairs, and Defense; and''. (b) Membership.--Subsection (d) of section 804 of title VIII of division A of the American Recovery and Reinvestment Act of 2009 (42 U.S.C. 299b-8) is amended to read as follows: ``(d) Membership.-- ``(1) In general.--The members of the Council shall include one senior officer or employee from each of the following agencies: ``(A) The Agency for Healthcare Research and Quality. ``(B) The Secretary of Health and Human Services. ``(C) The Director of the National Institutes of Health. ``(D) 20 members, 9 of whom are not full-time government employees, appointed by the Comptroller General of the United States as follows: ``(i) 3 members representing patients and health care consumers. ``(ii) 3 members representing practicing physicians, including surgeons. ``(iii) 3 members representing agencies that administer public programs, as follows: ``(I) 1 member representing the Centers for Medicare & Medicaid Services who has experience in administering the program under title XVIII of the Social Security Act. ``(II) 1 member representing agencies that administer State health programs (who may represent the Centers for Medicare & Medicaid Services and have experience in administering the program under title XIX or the program under title XXI of the Social Security Act or be a governor of a State). ``(III) 1 member representing agencies that administer other Federal health programs (such as a health program of the Department of Defense Federal employees health benefits program under chapter 89 of title 5 of the United States Code, a health program of the Department of Veterans Affairs under chapter 17 of title 38 of such Code, or a medical care program of the Indian Health Service or of a tribal organization). ``(iv) 3 members representing private payers, of whom at least 1 member shall represent health insurance issuers and at least 1 member shall represent employers who self- insure employee benefits. ``(v) 3 members representing pharmaceutical, device, and technology manufacturers or developers. ``(vi) 1 member representing nonprofit organizations involved in health services research. ``(vii) 1 member representing organizations that focus on quality measurement and improvement or decision support. ``(viii) 1 member representing independent health services researchers. ``(ix) 1 member representing research in differences in treatment outcomes along the lines of racial and ethnic background, gender, and geography. ``(x) 1 member representing research in treating rural populations. ``(E) Qualifications.--At least half of the members of the Council shall be physicians or other experts with clinical expertise. ``(2) Chairman; vice chairman.--The Secretary shall serve as Chairman of the Council and shall designate a member to serve as Vice Chairman.''. (c) Rules of Construction.--Subsection (g) of section 804 of title VIII of division A of the American Recovery and Reinvestment Act of 2009 (42 U.S.C. 299b-8) is amended to read as follows: ``(g) Rules of Construction.-- ``(1) Coverage.--Nothing in this section shall be construed-- ``(A) to permit the Council to mandate or recommend coverage, reimbursement, or other policies for any public or private payer; or ``(B) as preventing the Secretary of Health and Human Services from covering the routine costs of clinical care received by an individual entitled to, or enrolled for, benefits under title XVIII, XIX, or XXI of the Social Security Act in the case where such individual is participating in a clinical trial and such costs would otherwise be covered under such title with respect to the beneficiary. ``(2) Reports and finding.--No report submitted under this section or research findings disseminated by the Council shall be construed as mandates, guidelines, or recommendations for payment, coverage, or treatment.''. (d) Transparency, Credibility, and Access.--Section 804 of title VIII of division A of the American Recovery and Reinvestment Act of 2009 (42 U.S.C. 299b-8) is amended by adding at the end the following: ``(h) Transparency, Credibility, and Access.--The Council shall establish procedures to ensure that the following requirements for ensuring transparency, credibility, and access are met: ``(1) Public comment period.-- ``(A) Comment prior to obligation of funds for research.--Before any Federal funds may be obligated to conduct or support comparative effectiveness research, the Council shall provide for a period of not less than 30 days for the public to comment on the research proposal. ``(B) Comment after research results published.-- After the publication of the results of research described in subparagraph (A), the Council shall provide for a period of 60 days for the public to comment on such results. ``(C) Transmission of public comments.--The Council shall ensure the transmission of public comments submitted under subparagraph (A) to the entity conducting the research with respect to which the individual study design is being finalized. ``(2) Additional forums.--The Council shall, in addition to the public comment period described in paragraph (1), support forums to increase public awareness and obtain and incorporate public feedback through media (such as an Internet website) on the following: ``(A) The identification of comparative effectiveness research priorities. ``(B) Comparative effectiveness research findings. ``(C) Any other duties, activities, or processes the Council determines appropriate. ``(3) Public availability.--The Council shall make available to the public and disclose through the official public Internet website of the Council, and through other forums and media the Council determines appropriate, the following: ``(A) The process and methods for the conduct of comparative effectiveness research pursuant to this section, including-- ``(i) the identity of the entity conducting any such research; ``(ii) any links the entity has to industry (including such links that are not directly tied to the particular research); ``(iii) draft study designs (including research questions and the finalized study design, together with public comments on such study design and responses to such comments); ``(iv) research protocols (including measures taken, methods of research, methods of analysis, research results, and such other information as the Council determines appropriate); ``(v) the identity of investigators conducting such research and any conflicts of interest of such investigators; and ``(vi) any progress reports the Council determines appropriate. ``(B) Public comments submitted during each public comment period under paragraph (1)(A). ``(C) Bylaws, processes, and proceedings of the Council, to the extent practicable and as the Council determines appropriate. ``(D) Not later than 60 days after receipt by the Council of a relevant report or comparative effectiveness research finding, appropriate information contained in such report or finding. ``(4) Conflicts of interest.-- ``(A) In general.--The Council shall-- ``(i) in appointing members to an advisory panel, and in selecting individuals to contribute to any peer-review process and for employment as executive staff of the Council, take into consideration any conflicts of interest of potential appointees, participants, and staff; and ``(ii) include a description of any such conflicts of interest and conflicts of interest of Council members in an annual report to the Congress, except that, in the case of individuals contributing to any such peer review process, such description shall be in a manner such that those individuals cannot be identified with a particular research project. ``(B) Definition.--In this subsection, the term `conflict of interest' means associations, including financial and personal, that may be reasonably assumed to have the potential to bias an individual's decisions in matters related to the Council or the conduct of the comparative effectiveness research.''. SEC. 3. APPLICATION OF FEDERALLY FUNDED CLINICAL COMPARATIVE EFFECTIVENESS RESEARCH. (a) Limitation on CMS.--The Administrator of the Centers for Medicare & Medicaid Services may not use federally funded clinical comparative effectiveness research data to make coverage determinations under title XVIII of the Social Security Act for medical treatments, services, and items on the basis of cost. (b) Requirement for Implementation.--Federally funded clinical comparative effectiveness research and related evaluation and communication activities shall reflect the principle that clinicians and patients should have the best available evidence upon which to make choices in health care items and services, in providers, and in health care delivery systems, recognizing that patient subpopulations and patient and physician preferences may vary. (c) Appeals of Certain Medicare Coverage Determinations.--In the case of a national or local coverage determination under title XVIII of the Social Security Act that has been made utilizing federally funded comparative effectiveness research, an individual entitled to benefits under such title shall-- (1) be an eligible requester under section 1869(h)(1)(B) of such Act in relation; (2) have expedited access (as specified by the Secretary) to coverage determinations, redeterminations, and appeals relating to such determinations; and (3) have full access to all administrative or judicial review under section 1869 of such Act with respect to such determinations. (d) Rule of Construction.--Nothing in this Act or the amendments made by this Act shall be construed to require coverage of any drug, biological product, device, or treatment that has been determined by the Food and Drug Administration to be unsafe. (e) Disaggregation of Research Results.--No Federal funds may be made available to any person for any federally funded clinical comparative effectiveness research, unless the person agrees to ensure that, whenever possible, the methodology and research protocols will include variables that not only measure, but can be disaggregated to analyze and identify, any differences along the lines of racial and ethnic background, gender, and geography that may exist among and within patient subpopulations. (f) Definitions.--In this section: (1) The term ``federally funded clinical comparative effectiveness research'' means research that-- (A) evaluates and compares the clinical effectiveness, risks, and benefits of 2 or more medical treatments, services, and items; and (B) is conducted or supported in accordance with provisions of title VIII of division A of the American Recovery and Reinvestment Act of 2009 or with the use of other Federal funds. (2) The term ``medical treatments, services, and items'' means health care interventions, protocols for treatment, procedures, medical devices, diagnostic tools, pharmaceuticals (including drugs and biologicals), and any other processes or items being used in the treatment and diagnosis of, or prevention of illness or injury in, patients. (3) The term ``patient subpopulations'' means populations of patients of different racial and ethnic backgrounds, genders, and geographic locations.

Doctor-Patient Relationship and Research Protection Act - Amends the American Recovery and Reinvestment Act of 2009 to: (1) expand the membership of the Federal Coordinating Council for Comparative Effectiveness Research; and (2) require the Council to provide for a public comment period prior to obligating funds for comparative effectiveness research, support increased public awareness of such research, and identify conflicts of interest in appointing members of the Council. Prohibits the Administrator of the Centers for Medicare & Medicaid Services from using federally funded clinical comparative effectiveness research data to make coverage determinations under Medicare for medical treatments, services, and items on the basis of cost. Provides for expedited appeals of Medicare coverage determinations using federally funded comparative effectiveness research. Denies federal funding for clinical comparative effectiveness research that does not consider racial, ethnic, gender, and geographic differences within patient subpopulations.

To enhance the conduct and support of federally funded comparative effectiveness research relating to health care, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bereaved Borrowers' Bill of Rights Act of 2014''. SEC. 2. REQUIREMENTS FOR PRIVATE EDUCATIONAL LENDERS. Section 140 of such Act is further amended by adding at the end the following new subsection: ``(g) Requirements Regarding Cosigners for a Private Education Loan.-- ``(1) Cosigner release requirements.--If a private education loan has a cosigner who is jointly liable for such loan, a private educational lender shall include a process for releasing the cosigner from any obligations on the loan and in such process the lender-- ``(A) shall make the criteria for obtaining the release clear, transparent, and easily accessible via the website of the private educational lender; ``(B) shall notify the borrower if the borrower is eligible to release a cosigner; ``(C) shall, if denying a request to release a cosigner, provide an explanation for the denial and offer the borrower an opportunity to correct the request; and ``(D) may not change the terms of the release to impose additional duties on the borrower or cosigner over the duration of the private education loan. ``(2) Additional requirements.--Notwithstanding any provision in a private education loan agreement that contains a process for releasing a cosigner from obligations on the loan, a private educational lender shall, upon receiving notification of the death or bankruptcy of a cosigner-- ``(A) notify the borrower about the borrower's rights under the private education loan agreement regarding the release of the cosigner; and ``(B) if the borrower continues to make on-time payments (in the amount determined prior to the death or bankruptcy of the cosigner) on the private education loan, provide a period of time of not less than 90 days for the borrower to follow the process for release of the cosigner before deeming the borrower to be in default, changing the terms of the loan, accelerating the repayment terms of the loan, or notifying consumer reporting agencies (as defined in section 603(f)) of a change in the status of the loan. ``(3) Requirements in case of death or bankruptcy of a cosigner.--Notwithstanding any provision in a private education loan agreement, a private educational lender shall, upon receiving notification of the death or bankruptcy of a cosigner who is jointly liable for the private education loan-- ``(A) notify the borrower about the borrower's rights under the private education loan agreement regarding identifying a new cosigner or refinancing the loan; and ``(B) if the borrower continues to make on-time payments (in the amount determined prior to the death or bankruptcy of the cosigner) on the private education loan, provide a period of time of not less than 90 days for a borrower to identify a new cosigner or refinance the loan before deeming the borrower to be in default, changing the terms of the loan, accelerating the repayment terms of the loan, or notifying consumer reporting agencies (as defined in section 603(f)) of a change in the status of the loan.''. SEC. 3. PROHIBITIONS FOR CONSUMER REPORTING AGENCIES AND FURNISHERS OF INFORMATION TO CONSUMER REPORTING AGENCIES RELATED TO PRIVATE EDUCATION LOANS. (a) Prohibition for Consumer Reporting Agencies.--Subsection (a) of section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is amended by adding at the end the following new paragraph: ``(7) Default on a private education loan (as defined in section 140(a)) resulting from accelerated repayment terms of the loan after the death or bankruptcy of a cosigner who is jointly liable for the loan.''. (b) Prohibition for Furnishers of Information to Consumer Reporting Agencies.--Paragraph (1) of section 623(a) of such Act is amended by adding the following new subparagraph: ``(E) Reporting information on private education loans.--A private educational lender (as defined in section 140(a)) or the servicer of a private education loan (as defined in such section) shall not furnish any information relating to the loan to any consumer reporting agency if the consumer defaulted on the loan due to accelerated repayment terms of the loan after the death or bankruptcy of a cosigner who is jointly liable for the loan.''.

Bereaved Borrowers' Bill of Rights Act of 2014 - Amends the Truth in Lending Act to require a private educational lender to include in a private education loan for which the cosigner is jointly liable a process for releasing the cosigner from obligations on such loan. Requires a lender who receives notification of the death or bankruptcy of a cosigner who is jointly liable for the loan to notify the borrower about the borrower's rights under the loan agreement regarding: (1) release of the cosigner, and (2) identification of a new cosigner or refinancing of the loan. Amends the Fair Credit Reporting Act to prohibit: (1) consumer reporting agencies from containing in any consumer report default on a private education loan that results from accelerated repayment terms of the loan after the death or bankruptcy of a jointly liable cosigner, and (2) the lender or servicer of a private educational loan from furnishing loan information to a consumer reporting agency if the consumer defaulted on the loan due to accelerated repayment terms after the death or bankruptcy of such a cosigner.

Bereaved Borrowers' Bill of Rights Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Survivors' Bill of Rights Act of 2016''. SEC. 2. SEXUAL ASSAULT SURVIVORS' RIGHTS. (a) In General.--Part II of title 18, United States Code, is amended by adding after chapter 237 the following: ``CHAPTER 238--SEXUAL ASSAULT SURVIVORS' RIGHTS ``Sec. ``3772. Sexual assault survivors' rights. ``Sec. 3772. Sexual assault survivors' rights ``(a) Rights of Sexual Assault Survivors.--In addition to those rights provided in section 3771, a sexual assault survivor has the following rights: ``(1) The right not to be prevented from, or charged for, receiving a medical forensic examination. ``(2) The right to-- ``(A) subject to paragraph (3), have a sexual assault evidence collection kit or its probative contents preserved, without charge, for the duration of the maximum applicable statute of limitations or 20 years, whichever is shorter; ``(B) be informed of any result of a sexual assault evidence collection kit, including a DNA profile match, toxicology report, or other information collected as part of a medical forensic examination, if such disclosure would not impede or compromise an ongoing investigation; and ``(C) be informed in writing of policies governing the collection and preservation of a sexual assault evidence collection kit. ``(3) The right to-- ``(A) upon written request, receive written notification from the appropriate official with custody not later than 60 days before the date of the intended destruction or disposal; and ``(B) upon written request, be granted further preservation of the kit or its probative contents. ``(4) The right to be informed of the rights under this subsection. ``(b) Applicability.--Subsections (b) through (f) of section 3771 shall apply to sexual assault survivors. ``(c) Definition of Sexual Assault.--In this section, the term `sexual assault' means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent. ``(d) Funding.--This section, other than paragraphs (2)(A) and (3)(B) of subsection (a), shall be carried out using funds made available under section 1402(d)(3)(A)(i) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)(A)(i)). No additional funds are authorized to be appropriated to carry out this section.''. (b) Technical and Conforming Amendment.--The table of chapters for part II of title 18, United States Code, is amended by adding at the end the following: ``238. Sexual assault survivors' rights..........................3772''. (c) Amendment to Victims of Crime Act of 1984.--Section 1402(d)(3)(A)(i) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)(A)(i)) is amended by inserting after ``section 3771'' the following: ``or section 3772, as it relates to direct services,''. SEC. 3. SEXUAL ASSAULT SURVIVORS' NOTIFICATION GRANTS. The Victims of Crime Act of 1984 is amended by adding after section 1404E (42 U.S.C. 10603e) the following: ``SEC. 1404F. SEXUAL ASSAULT SURVIVORS' NOTIFICATION GRANTS. ``(a) In General.--The Attorney General may make grants as provided in section 1404(c)(1)(A) to States to develop and disseminate to entities described in subsection (c)(1) of this section written notice of applicable rights and policies for sexual assault survivors. ``(b) Notification of Rights.--Each recipient of a grant awarded under subsection (a) shall make its best effort to ensure that each entity described in subsection (c)(1) provides individuals who identify as a survivor of a sexual assault, and who consent to receiving such information, with written notice of applicable rights and policies regarding-- ``(1) the right not to be charged fees for or otherwise prevented from pursuing a sexual assault evidence collection kit; ``(2) the right to have a sexual assault medical forensic examination regardless of whether the survivor reports to or cooperates with law enforcement; ``(3) the availability of a sexual assault advocate; ``(4) the availability of protective orders and policies related to their enforcement; ``(5) policies regarding the storage, preservation, and disposal of sexual assault evidence collection kits; ``(6) the process, if any, to request preservation of sexual assault evidence collection kits or the probative evidence from such kits; and ``(7) the availability of victim compensation and restitution. ``(c) Dissemination of Written Notice.--Each recipient of a grant awarded under subsection (a) shall-- ``(1) provide the written notice described in subsection (b) to medical centers, hospitals, forensic examiners, sexual assault service providers, State and local law enforcement agencies, and any other State agency or department reasonably likely to serve sexual assault survivors; and ``(2) make the written notice described in subsection (b) publicly available on the Internet website of the attorney general of the State. ``(d) Provision To Promote Compliance.--The Attorney General may provide such technical assistance and guidance as necessary to help recipients meet the requirements of this section. ``(e) Integration of Systems.--Any system developed and implemented under this section may be integrated with an existing case management system operated by the recipient of the grant if the system meets the requirements listed in this section.''. SEC. 4. WORKING GROUP. (a) In General.--The Attorney General, in consultation with the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), shall establish a joint working group (referred to in this section as the ``Working Group'') to develop, coordinate, and disseminate best practices regarding the care and treatment of sexual assault survivors and the preservation of forensic evidence. (b) Consultation With Stakeholders.--The Working Group shall consult with-- (1) stakeholders in law enforcement, prosecution, forensic laboratory, counseling, forensic examiner, medical facility, and medical provider communities; and (2) representatives of not less than 3 entities with demonstrated expertise in sexual assault prevention, sexual assault advocacy, or representation of sexual assault victims, of which not less than 1 representative shall be a sexual assault victim. (c) Membership.--The Working Group shall be composed of governmental or nongovernmental agency heads at the discretion of the Attorney General, in consultation with the Secretary. (d) Duties.--The Working Group shall-- (1) develop recommendations for improving the coordination of the dissemination and implementation of best practices and protocols regarding the care and treatment of sexual assault survivors and the preservation of evidence to hospital administrators, physicians, forensic examiners, and other medical associations and leaders in the medical community; (2) encourage, where appropriate, the adoption and implementation of best practices and protocols regarding the care and treatment of sexual assault survivors and the preservation of evidence among hospital administrators, physicians, forensic examiners, and other medical associations and leaders in the medical community; (3) develop recommendations to promote the coordination of the dissemination and implementation of best practices regarding the care and treatment of sexual assault survivors and the preservation of evidence to State attorneys general, United States attorneys, heads of State law enforcement agencies, forensic laboratory directors and managers, and other leaders in the law enforcement community; (4) develop and implement, where practicable, incentives to encourage the adoption or implementation of best practices regarding the care and treatment of sexual assault survivors and the preservation of evidence among State attorneys general, United States attorneys, heads of State law enforcement agencies, forensic laboratory directors and managers, and other leaders in the law enforcement community; (5) collect feedback from stakeholders, practitioners, and leadership throughout the Federal and State law enforcement, victim services, forensic science practitioner, and health care communities to inform development of future best practices or clinical guidelines regarding the care and treatment of sexual assault survivors; and (6) perform other activities, such as activities relating to development, dissemination, outreach, engagement, or training associated with advancing victim-centered care for sexual assault survivors. (e) Report.--Not later than 2 years after the date of enactment of this Act, the Working Group shall submit to the Attorney General, the Secretary, and Congress a report containing the findings and recommended actions of the Working Group. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

. Survivors' Bill of Rights Act of 2016 (Sec. 3) This bill amends the federal criminal code to establish statutory rights for sexual assault survivors, including the right to: (1) not be prevented from receiving a forensic medical examination and not be charged for an examination; (2) have a sexual assault evidence collection kit (i.e., a rape kit) preserved for 20 years or the maximum applicable statute of limitations, whichever is shorter; (3) receive written notification prior to destruction or disposal of a rape kit; and (4) be informed of these rights and policies. Additionally, it makes statutory crime victims' rights applicable to sexual assault survivors. The term "sexual assault" means any nonconsensual sexual act prohibited by federal, state, or tribal law, including when a victim lacks capacity to consent. Funds made available to the Crime Victims Fund under the Victims of Crime Act of 1984 must be used to carry out the requirements concerning these rights, subject to specified exceptions. The bill amends the Victims of Crime Act of 1984 to authorize the Department of Justice's (DOJ's) Office of Justice Programs to make grants to states to develop sexual assault survivors' rights and policies and to disseminate written notice of such rights and policies to medical centers, hospitals, forensic examiners, sexual assault service providers, law enforcement agencies, and other state entities. (Sec. 4) DOJ must establish a working group to develop, coordinate, and disseminate best practices regarding the care and treatment of sexual assault survivors and the preservation of forensic evidence.

Survivors' Bill of Rights Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ambulatory Surgical Center Medicare Payment Modernization Act of 2007''. SEC. 2. MEDICARE PAYMENT FOR AMBULATORY SURGICAL CENTER SERVICES. (a) In General.--Section 1833(i) of the Social Security Act (42 U.S.C. 1395l(i)) is amended to read as follows: ``(i)(1) Payment shall be made under this part in the amount specified under paragraph (2) for facility services furnished to an individual in an ambulatory surgical center (meeting the standards specified under section 1832(a)(2)(F)(i)) in connection with any outpatient surgical procedure covered under this part as a hospital outpatient department service, except for those procedures that the Secretary designates, in consultation with appropriate trade and professional organizations (including those having direct experience with ambulatory surgical centers), as posing a significant safety risk or requiring an overnight stay when performed in ambulatory surgical centers. Absent an identifiable safety risk specific to the performance of a particular procedure in an ambulatory surgical center, the Secretary shall presume that an outpatient surgical procedure covered under this part as a hospital outpatient department service does not pose a significant safety risk when performed in ambulatory surgical centers. Not less frequently than once every two years the Secretary shall review and, may, after public comment, make appropriate adjustments to this list of procedures excluded from coverage when performed in ambulatory surgical centers as the Secretary deems necessary. ``(2)(A) Subject to subparagraphs (B), (C), and (D), the amount of payment to be made under this subsection for facility services furnished to an individual in an ambulatory surgical center in accordance with paragraph (1) shall be equal to 75 percent of the fee schedule amount determined under paragraph (3)(A) of subsection (t) for payment of the same service furnished in hospital outpatient departments, as adjusted under paragraphs (4)(A), (6), and (15) of such subsection, less a 20 percent beneficiary copayment. ``(B) For covered ambulatory surgical center services furnished on or after January 1, 2008, and before January 1, 2012, for which the ambulatory surgical center payment amount payable under this subsection in 2007 (in this subsection referred to as the `2007 ASC payment amount') is less than 75 percent of the hospital OPD fee schedule amount under subsection (t) in 2007 for the same services, the amount of payment under this subsection shall be calculated as follows: ``(i) For services furnished during 2008, the amount shall be equal to the sum of-- ``(I) 80 percent of the 2007 ASC payment amount, as increased by the market basket percentage increase applicable under subsection (t)(3)(C)(iv) for OPD services occurring during the fiscal year ending in such year; and ``(II) 20 percent of the payment amount under paragraph (2)(A) for 2008. ``(ii) For services furnished during 2009, the amount shall be equal to the sum of-- ``(I) 60 percent of the 2007 ASC payment amount as increased under clause (i)(I) and as further increased by the market basket percentage increase applicable under subsection (t)(3)(C)(iv) for OPD services occurring during the fiscal year ending in such year; and ``(II) 40 percent of the payment amount under paragraph (2)(A) for 2009. ``(iii) For services furnished during 2010, the amount shall be equal to the sum of-- ``(I) 40 percent of the 2007 ASC payment amount as increased under clauses (i)(I) and (ii)(I) and as further increased by the market basket percentage increase applicable under subsection (t)(3)(C)(iv) for OPD services occurring during the fiscal year ending in such year; and ``(II) 60 percent of the payment amount under paragraph (2)(A) for 2010. ``(iv) For services furnished during 2011, the amount shall be equal to the sum of-- ``(I) 20 percent of the 2007 ASC payment amount as increased under clauses (i)(I), (ii)(I), and (iii)(I) and as further increased by the market basket percentage increase applicable under subsection (t)(3)(C)(iv) for OPD services occurring during the fiscal year ending in such year; and ``(II) 80 percent of the payment amount under paragraph (2)(A) for 2011. ``(C) For covered ambulatory surgical center services for which the 2007 ASC payment amount is greater than 75 percent of the hospital OPD fee schedule amount under subsection (t) in 2007 for the same services, the amount of payment under this subsection shall be the greater of the 2007 ASC payment amount or-- ``(i) for services furnished in 2008, the payment amount under subparagraph (B)(i); ``(ii) for services furnished in 2009, the payment amount under subparagraph (B)(ii); ``(iii) for services furnished in 2010, the payment amount under subparagraph (B)(iii); ``(iv) for services furnished in 2011, the payment amount under subparagraph (B)(iv); or ``(v) in 2012 and subsequent years, the payment amount under subparagraph (A), but in no case in excess of the then applicable hospital OPD fee schedule amount. ``(D)(i) Notwithstanding subparagraphs (A), (B), and (C), if a facility service furnished to an individual in an ambulatory surgical center includes an implantable medical device, the amount of payment for that service shall be equal to the sum of-- ``(I) 100 percent of the hospital OPD fee schedule amount that the Secretary determines is associated with the device; and ``(II) 75 percent of non-device-related component of the OPD fee schedule amount; less a 20 percent beneficiary copayment. ``(ii) For purposes of clause (i), the term `implantable medical device' includes devices that-- ``(I) are an integral and subordinate part of the procedure performed; ``(II) are used for 1 patient only; ``(III) are single use; ``(IV) come into contact with human tissue; and ``(V) are surgically implanted or inserted, whether or not the device remains with the patient when the patient is released from the ambulatory surgical center..''. (b) Conforming Amendments.-- (1) Section 1832(a)(2)(F)(i) of such Act (42 U.S.C. 1395k(a)(2)(F)(i)) is amended-- (A) by striking ``section 1833(i)(1)(A)'' and inserting ``section 1833(i)(1)''; (B) by striking ``the standard overhead amount as determined under section 1833(i)(2)(A)'' and inserting ``the amount determined under section 1833(i)(2)''; and (C) by striking all that follows ``as full payment for such services'' and inserting ``, or''. (2) Section 1833(a)(1)(G) of such Act (42 U.S.C. 1395l(a)(1)(G)) is amended-- (A) by striking ``subsection (i)(1)(A)'' and inserting ``subsection (i)(1)''; (B) by striking ``for services furnished beginning'' and all that follows through ``subsection (i)(2)(D)''; and (C) by striking ``such revised payment system'' and inserting ``under subsection (i)(2)''. (3) Section 1833(a)(4) of such Act (42 U.S.C. 1395l(a)(4)) is amended-- (A) by striking ``section 1833(i)(1)(A)'' and inserting ``subsection (i)(1)''; and (B) by striking ``paragraph (2) or (3) of subsection (i)'' and inserting ``subsection (i)(1)''. (c) Effective Date.--The amendments made by this section shall apply to ambulatory surgical center services furnished on or after January 1, 2008. SEC. 3. CLARIFYING STATE LICENSURE AUTHORITY. (a) In General.--Section 1832(a)(2)(F)(i) of the Social Security Act (42 U.S.C. 1395k(a)(2)(F)(i)) is amended by inserting ``, except that such standards shall not preclude the provision of surgical services to individuals not covered under the program under this part if such services are permitted to be performed in such a center under applicable State licensure laws'' after ``performed in an ambulatory surgical center (which meets health, safety, and other standards specified by the Secretary in regulations''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act.

Ambulatory Surgical Center Medicare Payment Modernization Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to revise the requirements and the formula for payments for services, including an implantable medical device, furnished to individuals in ambulatory surgical centers.

A bill to amend title XVIII of the Social Security Act to modernize payments for ambulatory surgical centers under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ottawa National Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The western basin of Lake Erie, as part of the Great Lakes ecosystem, the largest freshwater ecosystem on the face of the Earth, is vitally important to the economic and environmental future of the United States. (2) Over the past three decades, the citizens and governmental institutions of both the United States and Canada have devoted increasing attention and resources to the restoration of the water quality and fisheries of the Great Lakes, including the western basin. This increased awareness has been accompanied by a gradual shift to a holistic ``ecosystem approach'' that highlights a growing recognition that shoreline areas--the nearshore terrestrial ecosystems--are an integral part of the western basin and the Great Lakes ecosystem as a whole. (3) The Great Lakes account for more than 90 percent of the surface freshwater in the nation. The western basin receives approximately 90 percent of its flow from the Detroit River and only approximately 10 percent from tributaries. (4) The western basin of Lake Erie is an important ecosystem that includes a number of distinct islands, channels, rivers, and shoals that support dense populations of fish, wildlife, and aquatic plants. (5) The coastal wetlands of Lake Erie support the largest diversity of plant and wildlife species in the Great Lakes. The moderate climate of Lake Erie and its more southern latitude allow for many species that are not found in or along the northern Great Lakes. More than 300 species of plants, including 37 significant species, have been identified in the aquatic and wetland habitats of the western basin. (6) The shallow western basin of Lake Erie, from the Lower Detroit River to Sandusky Bay, is home to the largest concentration of marshes in Lake Erie, including Mouille, Metzger, and Magee marshes, the Maumee Bay wetland complex, the wetland complexes flanking Locust Point, and the wetlands in Sandusky Bay. The larger United States islands in western Lake Erie have wetlands in their small embayments. (7) The wetlands in the western basin of Lake Erie comprise as some of the most important waterfowl habitat in the Great Lakes. Waterfowl, wading birds, shore birds, gulls and terns, raptors, and perching birds all use the western basin wetlands for migration, nesting, and feeding. Hundreds of thousands of diving ducks stop to rest in the Lake Erie area on their fall migration from Canada to the east and south. The wetlands of the western basin of Lake Erie provide a major stopover for ducks such as migrating bufflehead, common goldeneye, common mergansers, and ruddy duck. (8) The international importance of Lake Erie is manifested in the United States congressional designation of the Ottawa and Cedar Point National Wildlife Refuges. (9) Lake Erie has an international reputation for walleye, perch, and bass fishing, recreational boating, birding, photography, and duck hunting. On an economic basis, Lake Erie tourism accounts for an estimated $1,500,000,000 in retail sales and more than 50,000 jobs. (10) Many of the 417,000 boats that are registered in Ohio are used in the western basin of Lake Erie, in part to fish for the estimated 10,000,000 walleye that migrate from other areas of the lake to spawn. This internationally renowned walleye fishery drives much of Ohio's $2,000,000,000 sport fishing industry. (11) Coastal wetlands in the western basin of Lake Erie have been subjected to intense pressure for 150 years. Prior to 1850, the western basin was part of an extensive coastal marsh and swamp system of approximately 122,000 hectares that comprised a portion of the Great Black Swamp. By 1951, only 12,407 wetland hectares remained in the western basin. Half of that acreage was destroyed between 1972 and 1987. Therefore, today only approximately 5,000 hectares remain. Along the Michigan shoreline, coastal wetlands were reduced by 62 percent between 1916 and the early 1970s. The development of the city of Monroe, Michigan, has had a particularly significant impact on the coastal wetlands at the mouth of the Raisin River: only approximately 100 hectares remain physically unaltered today in an area where 70 years ago marshes were 10 times more extensive. In addition to the actual loss of coastal wetland acreage along the shores of Lake Erie, the quality of many remaining diked wetlands has been degraded by numerous stressors, especially excessive loadings of sediments and nutrients, contaminants, shoreline modification, exotic species, and the diking of wetlands. Protective peninsula beach systems, such as the former Bay Point and Woodtick, at the border of Ohio and Michigan near the mouth of the Ottawa River and Maumee Bay, have been eroded over the years, exacerbating erosion along the shorelines and impacting the breeding and spawning grounds. SEC. 3. DEFINITIONS. For purposes of this Act: (1) The term ``Refuge Complex'' means the Ottawa National Wildlife Refuge Complex and the lands and waters therein, as described in the document entitled ``The Comprehensive Conservation Plan for the Ottawa National Wildlife Refuge Complex'' and dated September 22, 2000, including Ottawa National Wildlife Refuge, West Sister Island National Wildlife Refuge, and Cedar Point National Wildlife Refuge. (2) The term ``Secretary'' means the Secretary of the Interior. (3) The term ``International Refuge'' means the Detroit River International Wildlife Refuge established by the Detroit River International Wildlife Refuge Establishment Act (Public Law 107-91). SEC. 4. EXPANSION OF BOUNDARIES. (a) Refuge Complex Boundaries.-- (1) Expansion.--The boundaries of the Refuge Complex are expanded to include lands and waters in the State of Ohio from the eastern boundary of Maumee Bay State Park to the eastern boundary of the Darby Unit, including the Bass Island archipelago, as depicted on the map entitled ``Ottawa National Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act'', dated September 6, 2002. (2) Boundary revisions.--The Secretary may make such revisions to the boundaries of the Refuge Complex as may be appropriate to carry out the purposes of the Refuge Complex or to facilitate the acquisition of property within the Refuge Complex. (b) International Refuge Boundaries.--The southern boundary of the International Refuge is extended south to include additional lands and waters in the State of Michigan east of Interstate Highway 75 from the southern boundary of Sterling State Park to the Ohio State boundary, as depicted on the map referred to in subsection (a)(1). (c) Availability of Map.--The Secretary shall keep the map referred to in subsection (a)(1) available for inspection in appropriate offices of the United States Fish and Wildlife Service. SEC. 5. ACQUISITION AND TRANSFER OF LANDS FOR REFUGE COMPLEX. (a) Acquisitions.--The Secretary may acquire by donation, purchase with donated or appropriated funds, or exchange the lands and waters, or interests therein (including conservation easements), within the boundaries of the Refuge Complex as expanded by this title. No such lands, waters, or interests therein may be acquired without the consent of the owner thereof. (b) Transfers From Other Agencies.--Any Federal property located within the boundaries of the Refuge Complex, as expanded by this title, that is under the administrative jurisdiction of a department or agency of the United States other than the Department of the Interior may, with the concurrence of the head of administering department or agency, be transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of this title. SEC. 6. ADMINISTRATION OF REFUGE COMPLEX. (a) In General.--The Secretary shall administer all federally owned lands, waters, and interests therein that are within the boundaries of the Refuge Complex, as expanded by this title, in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and this title. The Secretary may use such additional statutory authority as may be available for the conservation of fish and wildlife, and the provision of fish and wildlife dependent recreational opportunities as the Secretary considers appropriate to implement this title. (b) Additional Purposes.--In addition to the purposes of the Refuge Complex under other laws, regulations, executive orders, and comprehensive conservation plans, the Refuge Complex shall be managed for the following purposes: (1) To strengthen and complement existing resource management, conservation, and education programs and activities at the Refuge Complex in a manner consistent with the primary purpose of the Refuge Complex to provide major resting, feeding, and wintering habitats for migratory birds and other wildlife, and to enhance national resource conservation and management in the western basin of Lake Erie. (2) To conserve, enhance, and restore the native aquatic and terrestrial community characteristics of the western basin of Lake Erie (including associated fish, wildlife, and plant species), both in the United States and Canada in partnership with nongovernmental and private organizations, as well as private individuals dedicated to habitat enhancement. (3) To facilitate partnerships among the United States Fish and Wildlife Service, Canadian national and provincial authorities, State and local governments, local communities in the United States and in Canada, conservation organizations, and other non-Federal entities to promote public awareness of the resources of the western basin of Lake Erie. (4) To advance the collective goals and priorities established in the ``Great Lakes Strategy 2002--A Plan for the New Millennium'', by the United States Policy Committee comprised of various Federal agencies, including the United States Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, the United States Geological Survey, the Forest Service, and the Great Lakes Fishery Commission, as well as the State governments and tribal governments in the Great Lakes. These goals, broadly stated, include working together to protect and restore the chemical, physical, and biological integrity of the Great Lakes basin ecosystem. (c) Priority Uses.--In providing opportunities for compatible fish and wildlife dependent recreation, the Secretary, in accordance with paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge Complex. (d) Cooperative Agreements Regarding Non-Federal Lands.--The Secretary may enter into cooperative agreements with the State of Ohio or the State of Michigan, or any political subdivision thereof, and with any other person or entity for the management in a manner consistent with this title of lands that are owned by such State, subdivision, or other person or entity and located within the boundaries of the Refuge Complex and to promote public awareness of the resources of the western basin of Lake Erie and encourage public participation in the conservation of those resources. (e) Use of Existing Greenway Authority.--The Secretary shall encourage the State of Ohio to use existing authorities under the Transportation Equity Act for the 21st Century to provide funding for acquisition and development of trails within the boundaries of the Refuge Complex. SEC. 7. STUDY OF ASSOCIATED AREA. (a) In General.--The Secretary, acting through the Director of the United States Fish and Wildlife Service, shall conduct a study of fish and wildlife habitat and aquatic and terrestrial communities of the 2 dredge spoil disposal sites referred to by the Toledo-Lucas County Port Authority as Port Authority Facility Number Three and Grassy Island, located within Toledo Harbor near the mouth of the Maumee River. (b) Report.--Not later than 18 months after the date of the enactment of the Act, the Secretary shall complete such study and submit a report containing the results thereof to the Congress. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Department of the Interior-- (1) such sums as may be necessary for the acquisition of lands and waters within the Refuge Complex; (2) such sums as may be necessary for the development, operation, and maintenance of the Refuge Complex; and (3) such sums as may be necessary to carry out the study under section 7.

Ottawa National Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act - Expands the Ottawa National Wildlife Refuge Complex to include specified land and water in the State of Ohio. Permits the Secretary of the Interior to acquire by donation, purchase, or exchange the land and water and interests in land and water within the boundaries of the Complex.Expands the southern boundary of the Detroit River International Wildlife Refuge (the Refuge) to include additional land and water located in the State of Michigan east of Interstate Route 75.Prescribes requirements for administration of the Complex.Directs the Secretary to ensure that hunting, trapping, fishing, wildlife observation and photography, and environmental education and interpretation shall be the priority public uses of the Complex.Requires the Secretary to encourage the State of Ohio to use authority under the recreational trails program under Federal law to provide funding for the acquisition and development of trails within the boundaries of the Complex.Directs the Secretary, acting through the Director of the United States Fish and Wildlife Service, study and report to Congress on fish and wildlife habitat and aquatic and terrestrial communities in and around two specified dredge spoil disposal sites in Toledo Harbor.

To expand the boundaries of the Ottawa National Wildlife Refuge Complex and of the Detroit River International Wildlife Refuge.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Securities Response Act of 2003''. SEC. 2. EXTENSION OF EMERGENCY ORDER AUTHORITY OF THE SECURITIES EXCHANGE COMMISSION. (a) Extension of Authority.--Paragraph (2) of section 12(k) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(k)(2)) is amended to read as follows: ``(2) Emergency orders.--(A) The Commission, in an emergency, may by order summarily take such action to alter, supplement, suspend, or impose requirements or restrictions with respect to any matter or action subject to regulation by the Commission or a self-regulatory organization under the securities laws, as the Commission determines is necessary in the public interest and for the protection of investors-- ``(i) to maintain or restore fair and orderly securities markets (other than markets in exempted securities); ``(ii) to ensure prompt, accurate, and safe clearance and settlement of transactions in securities (other than exempted securities); or ``(iii) to reduce, eliminate, or prevent the substantial disruption by the emergency of (I) securities markets (other than markets in exempted securities), investment companies, or any other significant portion or segment of such markets, or (II) the transmission or processing of securities transactions (other than transactions in exempted securities). ``(B) An order of the Commission under this paragraph (2) shall continue in effect for the period specified by the Commission, and may be extended. Except as provided in subparagraph (C), the Commission's action may not continue in effect for more than 30 business days, including extensions. ``(C) An order of the Commission under this paragraph (2) may be extended to continue in effect for more than 30 business days if, at the time of the extension, the Commission finds that the emergency still exists and determines that the continuation of the order beyond 30 business days is necessary in the public interest and for the protection of investors to attain an objective described in clause (i), (ii), or (iii) of subparagraph (A). In no event shall an order of the Commission under this paragraph (2) continue in effect for more than 90 calendar days. ``(D) If the actions described in subparagraph (A) involve a security futures product, the Commission shall consult with and consider the views of the Commodity Futures Trading Commission. In exercising its authority under this paragraph, the Commission shall not be required to comply with the provisions of section 553 of title 5, United States Code, or with the provisions of section 19(c) of this title. ``(E) Notwithstanding the exclusion of exempted securities (and markets therein) from the Commission's authority under subparagraph (A), the Commission may use such authority to take action to alter, supplement, suspend, or impose requirements or restrictions with respect to clearing agencies for transactions in such exempted securities. In taking any action under this subparagraph, the Commission shall consult with and consider the views of the Secretary of the Treasury.''. (b) Consultation; Definition of Emergency.--Section 12(k) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(k)) is further amended by striking paragraph (6) and inserting the following: ``(6) Consultation.--Prior to taking any action described in paragraph (1)(B), the Commission shall consult with and consider the views of the Secretary of the Treasury, Board of Governors of the Federal Reserve System, and the Commodity Futures Trading Commission, unless such consultation is impracticable in light of the emergency. ``(7) Definitions.-- ``(A) Emergency.--For purposes of this subsection, the term `emergency' means-- ``(i) a major market disturbance characterized by or constituting-- ``(I) sudden and excessive fluctuations of securities prices generally, or a substantial threat thereof, that threaten fair and orderly markets; or ``(II) a substantial disruption of the safe or efficient operation of the national system for clearance and settlement of transactions in securities, or a substantial threat thereof; or ``(ii) a major disturbance that substantially disrupts, or threatens to substantially disrupt-- ``(I) the functioning of securities markets, investment companies, or any other significant portion or segment of the securities markets; or ``(II) the transmission or processing of securities transactions. ``(B) Securities laws.--Notwithstanding section 3(a)(47), for purposes of this subsection, the term `securities laws' does not include the Public Utility Holding Company Act of 1935 (15 U.S.C. 79a et seq.).''. SEC. 3. PARALLEL AUTHORITY OF THE SECRETARY OF THE TREASURY WITH RESPECT TO GOVERNMENT SECURITIES. Section 15C of the Securities Exchange Act of 1934 (15 U.S.C. 78o- 5) is amended by adding at the end the following new subsection: ``(h) Emergency Authority.--The Secretary may by order take any action with respect to a matter or action subject to regulation by the Secretary under this section, or the rules of the Secretary thereunder, involving a government security or a market therein (or significant portion or segment of that market), that the Commission may take under section 12(k)(2) of this title with respect to transactions in securities (other than exempted securities) or a market therein (or significant portion or segment of that market).''. Passed the House of Representatives February 26, 2003. Attest: JEFF TRANDAHL, Clerk.

Emergency Securities Response Act of 2003 - (Sec. 2) Amends the Securities Exchange Act of 1934 to grant the Securities and Exchange Commission (SEC) powers, in an emergency, to reduce, eliminate, or prevent the substantial disruption by the emergency of: (1) securities markets, investment companies, or other significant portion of such markets; or (2) the transmission or processing of securities transactions.Permits such emergency to extend beyond 30 business days, but no more than 90 calendar days, if the SEC finds that the emergency still exists and determines that the continuation of the emergency order beyond 30 business days is necessary in the public interest and for the protection of investors. Redefines emergency to include a major disturbance that substantially disrupts, or threatens to substantially disrupt: (1) the functioning of securities markets, investment companies, or any other significant portion or segment of the securities markets; or (2) the transmission or processing of securities transactions.Requires the Commission to consult with and consider the views of the Secretary of the Treasury, Board of Governors of the Federal Reserve System, and the Commodity Futures Trading Commission, prior to taking action extending the time frame of its emergency powers unless such consultation is impracticable in light of the emergency.(Sec. 3) Grants the Secretary of the Treasury parallel authority to take any action with respect to a matter or action subject to regulation by the Secretary involving a government security or a market therein that the Commission may take with respect to securities transactions or a market therein.

To amend the Securities Exchange Act of 1934 to augment the emergency authority of the Securities and Exchange Commission.

SECTION 1. WITHDRAWAL OF CONSENT OF CONGRESS TO DELAWARE RIVER PORT AUTHORITY INTERSTATE COMPACT. (a) In General.--Effective upon the expiration of the 1-year period which begins on the date of the enactment of this Act, and subject to subsection (b), Congress withdraws the consent given under Public Law 82-573 to the supplemental compact or agreement between the State of New Jersey and the Commonwealth of Pennsylvania concerning the Delaware River Port Authority (hereafter in this Act referred to as the ``Authority''). (b) Waiver of Withdrawal.--Subsection (a) shall not apply if, prior to the expiration of the period described in such subsection, the Delaware River Port Authority-- (1) establishes an Office of the Inspector General of the Authority in accordance with section 2; (2) establishes a Citizens Advisory Board in accordance with section 3; (3) certifies to Congress that the Governor of Pennsylvania has the same authority to make line-item vetoes of items in the budget of the Authority as the Governor of New Jersey; (4) enters into an agreement with the Secretary of Defense under which an officer of the Department of Defense designated by the Secretary shall serve as a Commissioner of the Authority on an ex officio basis; and (5) enters into an agreement with the appropriate officials of the Federal Government under which the Authority will reimburse the Federal Government for any expenses incurred by any entity of the Federal Government in carrying out any requirement of this Act. SEC. 2. INSPECTOR GENERAL OF THE DELAWARE RIVER PORT AUTHORITY. (a) Establishment of Office.--The Authority shall establish in the Authority an Office of the Inspector General (hereafter referred to as the ``Office''), to be headed by the Inspector General of the Delaware River Port Authority (hereafter referred to as the ``Inspector General''). (b) Inspector General.-- (1) Appointment.--The Inspector General shall be appointed by the vote of a majority of the Commissioners of the Authority, and shall be appointed without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations, as well as familiarity or experience with the operation of transit systems. (2) Term of service.--The Inspector General shall serve for a term of 5 years, and an individual serving as Inspector General may be reappointed for not more than 2 additional terms. (3) Removal.--The Inspector General may be removed from office prior to the expiration of his term only by the unanimous vote of all of the members of the Commissioners of the Authority, and the Authority shall communicate the reasons for any such removal to the Governor of Pennsylvania, the Governor of New Jersey, each Member of Congress from Pennsylvania, and each Member of Congress from New Jersey. (c) Duties.-- (1) Applicability of duties of inspector general of executive branch establishment.--The Inspector General shall carry out the same duties and responsibilities with respect to the Authority as an Inspector General of an establishment carries out with respect to an establishment under section 4 of the Inspector General Act of 1978 (5 U.S.C. App. 4), under the same terms and conditions which apply under such section. (2) Conducting annual audit of financial statements.--The Inspector General shall be responsible for conducting the annual audit of the financial accounts of the Authority, either directly or by contract with an independent external auditor selected by the Inspector General. (3) Reports.-- (A) Semiannual reports to authority.--The Inspector General shall prepare and submit semiannual reports summarizing the activities of the Office in the same manner, and in accordance with the same deadlines, terms, and conditions, as an Inspector General of an establishment under section 5 of the Inspector General Act of 1978 (5 U.S.C. App. 5). For purposes of applying section 5 of such Act to the Inspector General, the Commissioners of the Authority shall be considered the head of the establishment, except that the Inspector General shall transmit to the Executive Director of the Authority a copy of any report submitted to the Commissioners pursuant to this paragraph. (B) Annual reports to local signatory governments and congress.--Not later than January 15 of each year, the Inspector General shall prepare and submit a report summarizing the activities of the Office during the previous year, and shall submit such reports to the Governor of Pennsylvania, the Governor of New Jersey, each Member of Congress from Pennsylvania, and each Member of Congress from New Jersey. (4) Investigations of complaints of employees and members.-- (A) Authority.--The Inspector General may receive and investigate complaints or information from an employee or member of the Authority concerning the possible existence of an activity constituting a violation of law, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety. (B) Nondisclosure.--The Inspector General shall not, after receipt of a complaint or information from an employee or member, disclose the identity of the employee or member without the consent of the employee or member, unless the Inspector General determines such disclosure is unavoidable during the course of the investigation. (C) Prohibiting retaliation.--An employee or member of the Authority who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or threaten to take any action against any employee or member as a reprisal for making a complaint or disclosing information to the Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. (5) Independence in carrying out duties.--Neither the Commissioners of the Authority, the Executive Director of the Authority, nor any other member or employee of the Transit Authority may prevent or prohibit the Inspector General from carrying out any of the duties or responsibilities assigned to the Inspector General under this section. (d) Powers.-- (1) In general.--The Inspector General may exercise the same authorities with respect to the Authority as an Inspector General of an establishment may exercise with respect to an establishment under section 6(a) of the Inspector General Act of 1978 (5 U.S.C. App. 6(a)), other than paragraphs (7), (8), and (9) of such section. (2) Staff.-- (A) Assistant inspector generals and other staff.-- The Inspector General shall appoint and fix the pay of-- (i) an Assistant Inspector General for Audits, who shall be responsible for coordinating the activities of the Inspector General relating to audits; (ii) an Assistant Inspector General for Investigations, who shall be responsible for coordinating the activities of the Inspector General relating to investigations; and (iii) such other personnel as the Inspector General considers appropriate. (B) Independence in appointing staff.--No individual may carry out any of the duties or responsibilities of the Office unless the individual is appointed by the Inspector General, or provides services procured by the Inspector General, pursuant to this paragraph. Nothing in this subparagraph may be construed to prohibit the Inspector General from entering into a contract or other arrangement for the provision of services under this section. (C) Applicability of authority personnel rules.-- None of the regulations governing the appointment and pay of employees of the Authority shall apply with respect to the appointment and compensation of the personnel of the Office, except to the extent agreed to by the Inspector General. Nothing in the previous sentence may be construed to affect subparagraphs (A) through (B). (3) Equipment and supplies.--The Executive Director of the Authority shall provide the Office with appropriate and adequate office space, together with such equipment, supplies, and communications facilities and services as may be necessary for the operation of the Office, and shall provide necessary maintenance services for such office space and the equipment and facilities located therein. (e) Transfer of Functions.--To the extent that any office or entity in the Authority prior to the appointment of the first Inspector General under this section carried out any of the duties and responsibilities assigned to the Inspector General under this section, the functions of such office or entity shall be transferred to the Office upon the appointment of the first Inspector General under this section. SEC. 3. CITIZENS ADVISORY BOARD OF THE DELAWARE RIVER PORT AUTHORITY. (a) Establishment.--The Authority shall establish in the Authority the Delaware River Port Authority Citizens Advisory Board (hereafter referred to as the ``Advisory Board''). (b) Board.-- (1) Membership; appointment.--The Advisory Board shall consist of 12 Members, of whom-- (A) 3 shall be appointed jointly by Members of Congress representing jurisdictions in Pennsylvania served by the Authority; (B) 3 shall be appointed jointly by Members of Congress representing jurisdictions in New Jersey served by the Authority; (C) 3 shall be appointed by the Governor of Pennsylvania; and (D) 3 shall be appointed by the Governor of New Jersey. (2) Chair.--In addition to the Members appointed under paragraph (1), the Board shall have an additional Member who shall be the Chair and who shall be appointed for a single 2- year term as follows: (A) The Chair appointed for the first 2-year term under this paragraph shall be appointed jointly by Members of Congress representing jurisdictions in New Jersey served by the Authority. (B) The Chair appointed for the next 2-year term shall be appointed jointly by Members of Congress representing jurisdictions in Pennsylvania served by the Authority. (C) The Chair appointed for the next 2-year term shall be appointed by the Governor of Pennsylvania. (D) The Chair appointed for the next 2-year term shall be appointed by the Governor of New Jersey. (E) The Chair appointed for any subsequent 2-year term shall be appointed in the same manner and in the same order as provided under subparagraphs (A) through (D). (3) Qualifications.--Members of the Advisory Board shall be individuals who are regular consumers of the services provided by the Authority. (4) Term of service; vacancy.--A Member of the Advisory Board shall serve for a term of 2 years, and may be reappointed for additional terms. A vacancy in the membership of the Advisory Board shall be filled in the same manner as the original appointment. (5) No pay for service.--Members of the Advisory Board shall serve without pay, but shall be compensated for travel expenses incurred in attending meetings of the Advisory Board. (c) Duties.-- (1) In general.--The Advisory Board shall solicit input from regular consumers of the services provided by the Authority and advise the Commissioners of the Authority on issues relating to the operation of the Authority which affect such consumers. (2) Meetings.--The Advisory Board shall hold a regular meeting which shall be open to the public each calendar quarter. (3) Annual report.-- (A) Report required.--Not later than 45 days after the end of each calendar year, the Advisory Board shall submit a report to the Commissioners of the Authority which describes the Advisory Board's activities during the year, and shall include in the report such recommendations relating to the operation of the Authority as the Advisory Board considers appropriate. (B) Response by commissioners.--Not later than 45 days after the receiving the annual report for a year from the Advisory Board under subparagraph (A), the Commissioners shall hold a public meeting for the sole purpose of reviewing the report. (d) Equipment and Supplies.--The Executive Director of the Authority shall provide the Advisory Board with appropriate and adequate office space, together with such equipment, supplies, and communications facilities and services as may be necessary for the operation of the Advisory Board, and shall provide necessary maintenance services for such office space and the equipment and facilities located therein.

Withdraws the consent of Congress to the Delaware River Port Authority interstate compact entered into between the state of New Jersey and the Commonwealth of Pennsylvania. Prescribes conditions for waiver of such withdrawal. Directs the Authority to establish: (1) an Office of the Inspector General of the Delaware River Port Authority; and (2) the Delaware River Port Authority Citizens Advisory Board.

To withdraw the consent of Congress to the interstate compact between the State of New Jersey and the Commonwealth of Pennsylvania concerning the Delaware River Port Authority, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminal Correction and Victim Assistance Act of 1996''. SEC. 2. REPEAL OF SECTIONS PROHIBITING PRISON LABOR. Title 18, United States Code, is amended-- (1) by striking sections 436; (2) in the table of sections at the beginning of chapter 23, by striking the item relating to section 436; (3) by striking chapter 85; and (4) in the table of chapters at the beginning of part I of title 18, United States Code, is amended by striking the item relating to chapter 85. SEC. 3. PRISON SECURITY. (a) In General.--Chapter 303 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 4048. Strength-training of prisoners prohibited ``The Bureau of Prisons shall ensure that-- ``(1) prisoners under its jurisdiction do not engage in any physical activities designed to increase their physical strength or their fighting ability; and ``(2) all equipment designed for increasing the physical strength or fighting ability of prisoners promptly be removed from Federal correctional facilities and not be introduced into such facilities thereafter except as needed for a medically required program of physical rehabilitation approved by the Director of the Bureau of Prisons.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 303 of title 18, United States Code, is amended by adding at the end the following new item: ``4048. Strength-training of prisoners prohibited.''. SEC. 4. REQUIREMENTS FOR PRISONERS. (a) In General.--Chapter 301 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 4014. Requirement for prisoners ``(a) The Attorney General shall establish by rule-- ``(1) the requirement that Federal prisoners that are able to do so engage in work and that such prisoners work at least 48 hours each week; ``(2) the requirement that Federal prisoners engage in educational study for at least 12 hours each week; ``(3) that no television viewing will be provided to Federal prisoners, except educational programs; and ``(4) that a 25 percent assessment be levied on all wages earned by Federal prisoners, with 5 percent returned to the prosecuting agency to help reimburse the cost of the prosecution, 10 percent set aside for victim restitution, and 10 percent placed in the Fund created by subsection (b). ``(b) There is established in the Treasury the James Wilson, Jr. Fund (referred to in this section as the `Fund'). The Fund shall consist of moneys placed in it under subsection (a). The Attorney General shall distribute the money in the fund equally between-- (1) State and local programs whose primary purpose is to provide training and purchase equipment designed to protect peace officers from personal injury in the line of duty resulting from the criminal acts of third-parties; and (2) to families of local, State, and Federal peace officers killed in the line of duty; according to such procedures, and in such amounts, as the Attorney General shall by rule establish.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 301 of title 18, United States Code, is amended by adding at the end the following new item: ``4014. Requirement for prisoners.''. SEC. 5. STOPPING ABUSIVE PRISONER LAWSUITS. (a) Exhaustion Requirement.--Section 7(a)(1) of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e) is amended-- (1) by striking ``in any action brought'' and inserting ``no action shall be brought''; (2) by striking ``the court shall'' and all that follows through ``require exhaustion of'' and insert ``until''; and (3) by inserting ``are exhausted'' after ``available''. (b) Frivolous Actions.--Section 7(a) of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e(a)) is amended by adding at the end the following: ``(3) The court shall on its own motion or on motion of a party dismiss any action brought pursuant to section 1979 of the Revised Statutes of the United States by an adult convicted of a crime and confined in any jail, prison, or other correctional facility if the action fails to state a claim upon which relief can be granted or is frivolous or malicious.''. (c) Modification of Required Minimum Standards.--Section 7(b)(2) of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e(b)(2)) is amended by striking subparagraph (A) and redesignating subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively. (d) Proceeding in Forma Pauperis.-- (1) Dismissal.--Section 1915(d) of title 28, United States Code, is amended-- (A) by inserting ``at any time'' after ``counsel and may''; (B) by striking ``and may'' and inserting ``and shall''; (C) by inserting ``fails to state a claim upon which relief may be granted or'' after ``that the action''; and (D) by inserting ``even if partial filing fees have been imposed by the court'' before the period. (2) Prisoner's statement of assets.--Section 1915 of title 28, United States Code, is amended by adding at the end the following: ``(f) If a prisoner in a correctional institution files an affidavit in accordance with subsection (a) of this section, such prisoner shall include in that affidavit a statement of all assets such prisoner possesses. The court shall make inquiry of the correctional institution in which the prisoner is incarcerated for information available to that institution relating to the extent of the prisoner's assets. The court shall require full or partial payment of filing fees according to the prisoner's ability to pay.''.

Criminal Correction and Victim Assistance Act of 1996 - Amends the Federal criminal code to repeal provisions prohibiting: (1) contracting for or hiring out prisoner labor; or (2) knowingly transporting in interstate commerce or from any foreign country into the United States any prisoner-made goods. (Sec. 3) Requires the Bureau of Prisons to ensure that: (1) prisoners under its jurisdiction do not engage in any physical activities designed to increase their physical strength or fighting ability; and (2) all equipment designed for increasing the physical strength or fighting ability of prisoners promptly be removed from Federal correctional facilities and not be introduced into such facilities thereafter except as needed for a medically required program of physical rehabilitation approved by the Director of the Bureau. (Sec. 4) Directs the Attorney General to require that: (1) Federal prisoners who are able to do so work at least 48 hours each week and engage in educational study for at least 12 hours each week; (2) no television viewing be provided to Federal prisoners, except educational programs; and (3) a 25 percent assessment be levied on all wages earned by Federal prisoners, with five percent returned to the prosecuting agency to help reimburse the cost of the prosecution, ten percent set aside for victim restitution, and ten percent placed in the Fund created under this section. Establishes in the Treasury the James Wilson, Jr. Fund. Directs the Attorney General to distribute the money in the Fund equally between: (1) State and local programs whose primary purpose is to provide training and purchase equipment designed to protect peace officers from personal injury in the line of duty resulting from the criminal acts of third parties; and (2) families of local, State, and Federal peace officers killed in the line of duty. (Sec. 5) Amends the Civil Rights of Institutionalized Persons Act to prohibit an adult convicted of a crime who is confined in any correctional facility from bringing a civil action for deprivation of rights until such plain, speedy, and effective administrative remedies as are available are exhausted. Directs the court, on its or a party's motion, to dismiss specified actions brought by an adult convicted of a crime and confined in any correctional facility if the court is satisfied that the action fails to state a claim upon which relief can be granted or is frivolous or malicious. Repeals a provision of such Act requiring that the minimum standards provide for an advisory role for employees and inmates of a correctional facility in the system for resolution of inmate grievances. Amends the Federal judicial code to require: (1) the court to dismiss a case in a forma pauperis proceeding if the allegation of poverty is untrue or if the action fails to state a claim upon which relief may be granted or is frivolous or malicious, even if partial filing fees have been imposed by the court; (2) a prisoner in a correctional institution who files an affidavit to include a statement of all assets such prisoner possesses; and (3) the court to ask the correctional institution for information relating to the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay.

Criminal Correction and Victim Assistance Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nicaraguan Investment Conditionality Act of 2016''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In 2006, Nicaragua, under President Enrique Bolanos, entered into a $175,000,000, 5-year compact with the Millennium Challenge Corporation (in this section referred to as the ``MCC''). (2) After the 2008 municipal elections, the MCC stated that there was a pattern of decline in political rights and civil liberties in Nicaragua. (3) In 2009, the MCC terminated the compact and reduced the amount of MCC funds available to Nicaragua by $61,500,000, which led to the compact ending in 2011. (4) According to the law of Nicaragua, the National Assembly is the only institution allowed to change the constitution but in 2009, Daniel Ortega circumvented the legislature and went to the Supreme Court, which he controls, to rule in his favor that presidential term limits were inapplicable. (5) The Committee on Foreign Affairs of the House of Representatives convened a congressional hearing on December 1, 2011, entitled ``Democracy Held Hostage in Nicaragua: Part 1'' where former United States Ambassador to Nicaragua Robert Callahan testified, ``First, that Daniel Ortega's candidacy was illegal, illegitimate, and unconstitutional; second, that the period leading to the elections and the elections themselves were marred by serious fraud; third, that Daniel Ortega and his Sandinista party have systematically undermined the country's fragile governmental institutions.''. (6) From fiscal year 2012 until the date of the enactment of this Act, the Department of State found that Nicaragua did not meet international standards of fiscal transparency. (7) On January 25, 2012, a press statement from Secretary of State Hillary Clinton said: ``As noted by international observers and Nicaraguan civil society groups, Nicaragua's recent elections were not conducted in a transparent and impartial manner, and the entire electoral process was marred by significant irregularities. The elections marked a setback to democracy in Nicaragua and undermined the ability of Nicaraguans to hold their government accountable.''. (8) According to the Department of State's 2015 Fiscal Transparency Report: ``The government does not publicly account for the expenditure of significant off-budget assistance from Venezuela and this assistance is not subject to audit or legislative oversight. Allocations to and earnings from state- owned enterprises are included in the budget, but most state- owned enterprises are not audited. The supreme audit institution also does not audit the government's full financial statements. Nicaragua's fiscal transparency would be improved by including all off-budget revenue and expenditure in the budget, auditing state-owned enterprises, and conducting a full audit of the government's annual financial statements and making audit reports publicly available within a reasonable period of time.''. (9) According to the Department of State's Country Reports on Human Rights Practices for 2015: ``In 2011 the Supreme Electoral Council (CSE) announced the re-election of President Daniel Ortega Saavedra of the Sandinista National Liberation Front (FSLN) in elections that international and domestic observers characterized as seriously flawed. International and domestic organizations raised concerns regarding the constitutional legitimacy of Ortega's re-election. The 2011 elections also provided the ruling party with a supermajority in the National Assembly, allowing for changes in the constitution, including extending the reach of executive branch power and the elimination of restrictions on re-election for executive branch officials and mayors. Observers noted serious flaws during the 2012 municipal elections and March 2014 regional elections.''. (10) According to the Department of State's Country Reports on Human Rights Practices for 2015 in Nicaragua: ``The principal human rights abuses were restrictions on citizens' right to vote; obstacles to freedom of speech and press, including government intimidation and harassment of journalists and independent media, as well as increased restriction of access to public information, including national statistics from public offices; and increased government harassment and intimidation of nongovernmental organizations (NGOs) and civil society organizations.''. (11) The same 2015 report stated: ``Additional significant human rights abuses included considerably biased policies to promote single-party dominance; arbitrary police arrest and detention of suspects, including abuse during detention; harsh and life-threatening prison conditions with arbitrary and lengthy pretrial detention; discrimination against ethnic minorities and indigenous persons and communities.''. (12) In February 2016, the Ortega regime detained and expelled Freedom House's Latin America Director, Dr. Carlos Ponce, from Nicaragua. (13) On May 10, 2016, the Supreme Electoral Council announced and published the electoral calendar that aims to govern the electoral process. (14) After receiving the electoral calendar for the 2016 presidential elections, the Nicaraguan political opposition raised concerns and pointed to a number of anomalies such as the electoral calendar failed to contemplate national and international observations, failed to agree to publicly publish the precincts results of each Junta Receptora de Voto, and failed to purge the electoral registration rolls in a transparent and open manner. (15) Nicaragua's constitution mandates terms of 5 years for municipal authorities, which would indicate that the next municipal elections must occur in 2017. (16) On June 3, 2016, the Nicaraguan Supreme Court, which is controlled by Ortega, instructed the Supreme Electoral Council not to swear in Nicaraguan opposition members to the departmental and regional electoral councils. (17) On June 5, 2016, regarding international observers for the 2016 presidential elections, Daniel Ortega stated: ``Here, the observation ends. Go observe other countries. . . . There will be no observation, neither from the European Union, nor the [Organization of American States] . . .''. (18) On June 7, 2016, the Department of State's Bureau of Democracy, Human Rights and Labor posted on social media: ``Disappointed government of Nicaragua said it will deny electoral observers requested by Nicaraguan citizens, church, and private sector. . . . We continue to encourage the government of Nicaragua to allow electoral observers as requested by Nicaraguans.''. (19) On June 8, 2016, the Supreme Electoral Council, which is controlled by Ortega, announced a ruling, which changed the leadership structure of the opposition party and in practice allegedly barred all existing opposition candidates from running for office. (20) On June 14, 2016, Daniel Ortega expelled 3 United States Government officials (2 officials from U.S. Customs and Border Protection and one professor from the National Defense University) from Nicaragua. (21) On June 22, 2016, a Global Fellow from the Woodrow Wilson Center chose to leave Nicaragua because of fear. According to a media report, the fellow stated, ``Police were following me. I did not understand the reason why they were following me, but it was clear to me what they were doing. . . . Of course (I felt fear), I was surprised especially because the research I am doing is completely academic, not journalistic, and that made me wonder why they would be so interested in something like that.''. (22) On June 29, 2016, the Department of State issued a Nicaragua Travel Alert which stated: ``The Department of State alerts U.S. citizens about increased government scrutiny of foreigners' activities, new requirements for volunteer groups, and the potential for demonstrations during the upcoming election season in Nicaragua. . . . Nicaraguan authorities have denied entry to, detained, questioned, or expelled foreigners, including U.S. government officials, academics, NGO workers, and journalists, for discussions, written reports or articles, photographs, and/or videos related to these topics. Authorities may monitor and question private U.S. citizens concerning their activities, including contact with Nicaraguan citizens.''. (23) On June 30, 2016, the Human Rights Foundation issued a press release stating: ``Daniel Ortega has used all sorts of trickery to push for constitutional reforms and illegal court rulings in order to extend his time in power indefinitely. . . . If the opposition is not allowed to meaningfully compete, the upcoming elections in Nicaragua cannot be considered free and fair and the Inter-American Democratic Charter should be applied to the Sandinista regime.''. The release continued, stating, ``The principle of alternation of power is enshrined in the Inter-American Democratic Charter (IADC) as an essential element of democracy. Even though Ortega pushed through a constitutional amendment allowing for indefinite re-election, he did so by circumventing the separation of powers illegally. An uncontested re-election of Ortega would clearly violate the IADC, which was signed by Nicaragua in 2001. If that is the case, Secretary General Almagro should activate the IADC and, if necessary, call for the suspension of Nicaragua from the [Organization of American States].''. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States to support-- (1) the rule of law and an independent judiciary and electoral council in Nicaragua; (2) independent pro-democracy organizations in Nicaragua; and (3) free, fair, and transparent elections under international and domestic observers in Nicaragua in 2016 and 2017. SEC. 4. INTERNATIONAL FINANCIAL INSTITUTIONS. (a) In General.--The President shall instruct the United States Executive Director at each international financial institution to use the voice, vote, and influence of the United States to oppose any loan or other utilization of the funds of the institution for the benefit of the Government of Nicaragua, other than to address basic human needs or to promote democracy, unless the Secretary of State certifies and reports to the appropriate congressional committees that the Government of Nicaragua is taking effective steps to-- (1) hold free, fair, and transparent elections overseen by credible domestic and international electoral observers; (2) promote democracy, as well as an independent judiciary system and electoral council; (3) strengthen the rule of law; and (4) respect the right to freedom of association and expression. (b) Termination.--This section shall terminate on the day after the date on which the Secretary of State certifies and reports to the appropriate congressional committees that the requirements of subsection (a) are met. (c) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Financial Services of the House of Representatives; (B) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) International financial institution.--The term ``international financial institution'' means the International Monetary Fund, the International Bank for Reconstruction and Development, the European Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment Guarantee Agency, the African Development Bank, the African Development Fund, the Asian Development Bank, the Inter- American Development Bank, the Bank for Economic Cooperation and Development in the Middle East and North Africa, and the Inter-American Investment Corporation. SEC. 5. ORGANIZATION OF AMERICAN STATES. (a) Findings.--Congress finds that, according to the Organization of American States (in this section referred to as the ``OAS'') report on the 2011 presidential elections in Nicaragua entitled, ``Nicaragua: Final Report, General Elections, OAS (2011)'', the OAS made the following recommendations to the Government of Nicaragua: (1) ``Prepare alternative procedures for updating the electoral roll when a registered voter dies.''. (2) ``Publish the electoral roll so that new additions, changes of address and exclusions can be checked.''. (3) ``Reform the mechanism for accreditation of poll watchers using a formula that ensures that the political parties will have greater autonomy to accredit their respective poll watchers.''. (4) ``Institute regulations to ensure that party poll watchers are involved in all areas of the electoral structure, including the departmental, regional and municipal electoral councils and polling stations. Rules should be crafted to spell out their authorities and functions and the means by which they can exercise their authority and perform their functions.''. (5) ``Redesign the [Supreme Electoral Council] administrative structure at the central and field levels, while standardizing technical and operational procedures, including the design of control mechanisms from the time registration to the delivery of the document to the citizens; the process of issuing identity cards should be timed to the calendar and, to avoid congestion within the process, be evenly spaced.''. (b) Electoral Observation Mission.--The President shall direct the United States Permanent Representative to the OAS to use the voice, vote, and influence of the United States at the OAS to strongly advocate for an Electoral Observation Mission to be sent to Nicaragua in 2016 and 2017. SEC. 6. STATEMENT OF POLICY. The Department of State and the United States Agency for International Development should prioritize foreign assistance to the people of Nicaragua to assist civil society in democracy and governance programs, including human rights documentation.

Nicaraguan Investment Conditionality Act of 2016 This bill directs the President to instruct the U.S. Executive Director at each international financial institution to use U.S. influence to oppose any loan or other fund use for the government of Nicaragua's benefit, other than for basic human needs or to promote democracy, unless the Department of State certifies that Nicaragua is taking effective steps to: (1) hold elections overseen by credible domestic and international electoral observers, (2) promote democracy and an independent judiciary system and electoral council, (3) strengthen the rule of law, and (4) respect the right to freedom of association and expression. The President shall direct the U.S. Permanent Representative to the Organization of American States to use U.S. influence to advocate for an Electoral Observation Mission to be sent to Nicaragua in 2016 and 2017.

Nicaraguan Investment Conditionality Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Research and Competitiveness Act of 2014''. SEC. 2. RESEARCH CREDIT SIMPLIFIED AND MADE PERMANENT. (a) In General.--Subsection (a) of section 41 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) In General.--For purposes of section 38, the research credit determined under this section for the taxable year shall be an amount equal to the sum of-- ``(1) 20 percent of so much of the qualified research expenses for the taxable year as exceeds 50 percent of the average qualified research expenses for the 3 taxable years preceding the taxable year for which the credit is being determined, ``(2) 20 percent of so much of the basic research payments for the taxable year as exceeds 50 percent of the average basic research payments for the 3 taxable years preceding the taxable year for which the credit is being determined, plus ``(3) 20 percent of the amounts paid or incurred by the taxpayer in carrying on any trade or business of the taxpayer during the taxable year (including as contributions) to an energy research consortium for energy research.''. (b) Repeal of Termination.--Section 41 of such Code is amended by striking subsection (h). (c) Conforming Amendments.-- (1) Subsection (c) of section 41 of such Code is amended to read as follows: ``(c) Determination of Average Research Expenses for Prior Years.-- ``(1) Special rule in case of no qualified research expenditures in any of 3 preceding taxable years.--In any case in which the taxpayer has no qualified research expenses in any one of the 3 taxable years preceding the taxable year for which the credit is being determined, the amount determined under subsection (a)(1) for such taxable year shall be equal to 10 percent of the qualified research expenses for the taxable year. ``(2) Consistent treatment of expenses.-- ``(A) In general.--Notwithstanding whether the period for filing a claim for credit or refund has expired for any taxable year taken into account in determining the average qualified research expenses, or average basic research payments, taken into account under subsection (a), the qualified research expenses and basic research payments taken into account in determining such averages shall be determined on a basis consistent with the determination of qualified research expenses and basic research payments, respectively, for the credit year. ``(B) Prevention of distortions.--The Secretary may prescribe regulations to prevent distortions in calculating a taxpayer's qualified research expenses or basic research payments caused by a change in accounting methods used by such taxpayer between the current year and a year taken into account in determining the average qualified research expenses or average basic research payments taken into account under subsection (a).''. (2) Section 41(e) of such Code is amended-- (A) by striking all that precedes paragraph (6) and inserting the following: ``(e) Basic Research Payments.--For purposes of this section-- ``(1) In general.--The term `basic research payment' means, with respect to any taxable year, any amount paid in cash during such taxable year by a corporation to any qualified organization for basic research but only if-- ``(A) such payment is pursuant to a written agreement between such corporation and such qualified organization, and ``(B) such basic research is to be performed by such qualified organization. ``(2) Exception to requirement that research be performed by the organization.--In the case of a qualified organization described in subparagraph (C) or (D) of paragraph (3), subparagraph (B) of paragraph (1) shall not apply.'', (B) by redesignating paragraphs (6) and (7) as paragraphs (3) and (4), respectively, and (C) in paragraph (4) as so redesignated, by striking subparagraphs (B) and (C) and by redesignating subparagraphs (D) and (E) as subparagraphs (B) and (C), respectively. (3) Section 41(f)(3) of such Code is amended-- (A)(i) by striking ``, and the gross receipts'' in subparagraph (A)(i) and all that follows through ``determined under clause (iii)'', (ii) by striking clause (iii) of subparagraph (A) and redesignating clauses (iv), (v), and (vi), thereof, as clauses (iii), (iv), and (v), respectively, (iii) by striking ``and (iv)'' each place it appears in subparagraph (A)(iv) (as so redesignated) and inserting ``and (iii)'', (iv) by striking subclause (IV) of subparagraph (A)(iv) (as so redesignated), by striking ``, and'' at the end of subparagraph (A)(iv)(III) (as so redesignated) and inserting a period, and by adding ``and'' at the end of subparagraph (A)(iv)(II) (as so redesignated), (v) by striking ``(A)(vi)'' in subparagraph (B) and inserting ``(A)(v)'', and (vi) by striking ``(A)(iv)(II)'' in subparagraph (B)(i)(II) and inserting ``(A)(iii)(II)'', (B) by striking ``, and the gross receipts of the predecessor,'' in subparagraph (A)(iv)(II) (as so redesignated), (C) by striking ``, and the gross receipts of,'' in subparagraph (B), (D) by striking ``, or gross receipts of,'' in subparagraph (B)(i)(I), and (E) by striking subparagraph (C). (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2013. (2) Subsection (b).--The amendment made by subsection (b) shall apply to amounts paid or incurred after December 31, 2013. SEC. 3. PAYGO SCORECARD. (a) Paygo Scorecard.--The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b) Senate Paygo Scorecard.--The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress). Passed the House of Representatives May 9, 2014. Attest: KAREN L. HAAS, Clerk.

American Research and Competitiveness Act of 2014 - Amends the Internal Revenue Code to establish a permanent research tax credit that allows for: (1) 20% of the qualified or basic research expenses that exceed 50% of the average qualified or basic research expenses for the 3 preceding taxable years, and (2) 20% of amounts paid to an energy research consortium for energy research. Reduces such credit rate to 10% if a taxpayer has no qualified research expenses in any one of the 3 preceding taxable years. Prohibits the entry of the budgetary effects of this Act on any PAYGO scorecard.

American Research and Competitiveness Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Full Disclosure Campaign Reform Act of 2002''. SEC. 2. DISCLOSURE OF SOURCES OF ELECTIONEERING COMMUNICATIONS AND TARGETED MASS COMMUNICATIONS. (a) In General.--Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following new subsection: ``(e) Disclosure of Electioneering Communications and Targeted Mass Communications.-- ``(1) Statement required.--Every person who makes a disbursement for the direct costs of producing and airing electioneering communications or targeted mass communications in an aggregate amount in excess of $10,000 during any calendar year shall, within 24 hours of each disclosure date, file with the Commission a statement containing the information described in paragraph (2). ``(2) Contents of statement.--Each statement required to be filed under this subsection shall be made under penalty of perjury and shall contain the following information: ``(A) The identification of the person making the disbursement, of any person sharing or exercising direction or control over the activities of such person, and of the custodian of the books and accounts of the person making the disbursement. ``(B) The principal place of business of the person making the disbursement, if not an individual. ``(C) The amount of each disbursement of more than $200 during the period covered by the statement and the identification of the person to whom the disbursement was made. ``(D) The elections to which the electioneering communications or targeted mass communications pertain and the names (if known) of the candidates identified or to be identified. ``(E) If the disbursements were paid out of a segregated bank account which consists of funds contributed solely by individuals who are United States citizens or nationals or lawfully admitted for permanent residence as defined in section 1101(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(2)) directly to this account for electioneering communications or targeted mass communications, the names and addresses of all contributors who contributed an aggregate amount of $1,000 or more to that account during the period beginning on the first day of the preceding calendar year and ending on the disclosure date. Nothing in this subparagraph is to be construed as a prohibition on the use of funds in such a segregated account for a purpose other than electioneering communications or targeted mass communications. ``(F) If the disbursements were paid out of funds not described in subparagraph (E), the names and addresses of all contributors who contributed an aggregate amount of $1,000 or more to the person making the disbursement during the period beginning on the first day of the preceding calendar year and ending on the disclosure date. ``(3) Electioneering communication.--For purposes of this subsection-- ``(A) In general.--(i) The term `electioneering communication' means any broadcast, cable, or satellite communication which refers to a clearly identified candidate for Federal office. ``(ii) If clause (i) is held to be constitutionally insufficient by final judicial decision to support any regulation promulgated to carry out the definition of the term `electioneering communication' under such clause, the term `electioneering communication' means any broadcast, cable, or satellite communication which promotes or supports a candidate for that office, or attacks or opposes a candidate for that office (regardless of whether the communication expressly advocates a vote for or against a candidate) and which also is suggestive of no plausible meaning other than an exhortation to vote for or against a specific candidate. ``(iii) Nothing in this subparagraph shall be construed to affect the interpretation or application of section 100.22(b) of title 11, Code of Federal Regulations, or any other regulation promulgated by the Commission to carry out the definition of the term `expressly advocating' for purposes of any other provision of this Act. ``(B) Exceptions.--The term `electioneering communication' does not include-- ``(i) a communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, unless such facilities are owned or controlled by any political party, political committee, or candidate; ``(ii) a communication which constitutes an expenditure or an independent expenditure under this Act; ``(iii) a communication which constitutes a candidate debate or forum conducted pursuant to regulations adopted by the Commission, or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum; or ``(iv) any other communication exempted under such regulations as the Commission may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate implementation of this paragraph, except that under any such regulation a communication may not be exempted if the communication-- ``(I) meets the requirements of this paragraph; and ``(II) is a public communication which refers to a clearly identified candidate for Federal office (regardless of whether a candidate for State or local office is also mentioned or identified) and which promotes or supports a candidate for that office, or attacks or opposes a candidate for that office (regardless of whether the communication expressly advocates a vote for or against a candidate). ``(4) Targeted mass communication defined.-- ``(A) In general.--In this subsection, the term `targeted mass communication' means any communication-- ``(i) which refers to or depicts a clearly identified candidate for such election (by name, image, or likeness); and ``(ii) which is targeted to the relevant electorate. ``(B) Targeting to relevant electorate.-- ``(i) Broadcast communications.--For purposes of this paragraph, a communication disseminated to the public by means of any broadcast, cable, or satellite communication which refers to or depicts a clearly identified candidate for Federal office is `targeted to the relevant electorate' if the communication is disseminated by a broadcaster whose audience includes-- ``(I) a substantial number of residents of the district the candidate seeks to represent (as determined in accordance with regulations of the Commission), in the case of a candidate for Representative in, or Delegate or Resident Commissioner to, the Congress; or ``(II) a substantial number of residents of the State the candidate seeks to represent (as determined in accordance with regulations of the Commission), in the case of a candidate for Senator. ``(ii) Other communications.--For purposes of this paragraph, a communication which is not described in clause (i) which refers to or depicts a clearly identified candidate for Federal office is `targeted to the relevant electorate' if-- ``(I) more than 10 percent of the total number of intended recipients of the communication are members of the electorate involved with respect to such Federal office; or ``(II) more than 10 percent of the total number of members of the electorate involved with respect to such Federal office receive the communication. ``(C) Exceptions.--The term `targeted mass communication' does not include-- ``(i) a communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; ``(ii) a communication made by any membership organization (including a labor organization) or corporation solely to its members, stockholders, or executive or administrative personnel, if such membership organization or corporation is not organized primarily for the purpose of influencing the nomination for election, or election, of any individual to Federal office; or ``(iii) a communication which constitutes an expenditure under this Act. ``(5) Disclosure date.--For purposes of this subsection, the term `disclosure date' means-- ``(A) the first date during any calendar year by which a person has made disbursements for the direct costs of producing or airing electioneering communications aggregating in excess of $10,000; and ``(B) any other date during such calendar year by which a person has made disbursements for the direct costs of producing or airing electioneering communications aggregating in excess of $10,000 since the most recent disclosure date for such calendar year. ``(6) Contracts to disburse.--For purposes of this subsection, a person shall be treated as having made a disbursement if the person has executed a contract to make the disbursement. ``(7) Coordination with other requirements.--Any requirement to report under this subsection shall be in addition to any other reporting requirement under this Act. ``(8) Coordination With Internal Revenue Code.--Nothing in this subsection may be construed to establish, modify, or otherwise affect the definition of political activities or electioneering activities (including the definition of participating in, intervening in, or influencing or attempting to influence a political campaign on behalf of or in opposition to any candidate for public office) for purposes of the Internal Revenue Code of 1986.''. (b) Responsibilities of Federal Communications Commission.--The Federal Communications Commission shall compile and maintain any information the Federal Election Commission may require to carry out section 304(e) of the Federal Election Campaign Act of 1971 (as added by subsection (a)), and shall make such information available to the public on the Federal Communication Commission's website. SEC. 3. EFFECTIVE DATE. The amendments made by section 2 shall take effect 30 days after the date of the enactment of this Act.

Full Disclosure Campaign Reform Act of 2002 - Amends the Federal Election Campaign Act of 1971 to require every person who makes a disbursement for the direct costs of producing and airing electioneering communications or targeted mass communications in an aggregate amount in excess of $10,000 during any calendar year to file with the Federal Election Commission (FEC) a disclosure statement meeting specified requirements.Directs the Federal Communications Commission to compile and maintain any information the FEC may require to carry out this Act and to make it publicly available through its website.

To amend the Federal Election Campaign Act of 1971 to require persons who make disbursements for certain electioneering communications and certain mass communications to file information with the Federal Election Commission regarding the source of the funds used for the disbursements, and for other purposes.

entitled ``Joint Resolution to establish the Fort Sumter National Monument in the State of South Carolina'', approved April 28, 1948 (16 U.S.C. 450ee), to commemorate historic events in the vicinity of Fort Sumter, the site of the first engagement of the Civil War on April 12, 1861; (2) Fort Moultrie-- (A) was the site of the first defeat of the British in the Revolutionary War on June 28, 1776; and (B) was acquired by the Federal Government from the State of South Carolina in 1960 under the authority of chapter 3201 of title 54, United States Code; (3) since 1960, Fort Moultrie has been administered by the National Park Service as part of the Fort Sumter National Monument without a clear management mandate or established boundary; (4) Fort Sumter and Fort Moultrie played important roles in the protection of Charleston Harbor and in the coastal defense system of the United States; (5) Fort Moultrie is the only site in the National Park System that preserves the history of the United States coastal defense system during the period from 1776 through 1947; and (6) Sullivan's Island Life Saving Station, located adjacent to the Charleston Light-- (A) was constructed in 1896; and (B) is listed on the National Register of Historic Places. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``map'' means the map entitled ``Boundary Map, Fort Sumter and Fort Moultrie National Historical Park'', numbered 392/80,088, and dated November 30, 2009. (2) Park.--The term ``Park'' means the Fort Sumter and Fort Moultrie National Park established by section 4(a). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of South Carolina. (5) Sullivan's island life saving station historic district.--The term ``Sullivan's Island Life Saving Station Historic District'' means the Charleston Lighthouse, the boathouse, garage, bunker/sighting station, signal tower, and any associated land and improvements to the land that are located between Sullivan's Island Life Saving Station and the mean low water mark. SEC. 4. FORT SUMTER AND FORT MOULTRIE NATIONAL PARK. (a) Establishment.--There is established the Fort Sumter and Fort Moultrie National Park in the State as a unit of the National Park System to preserve, maintain, and interpret the nationally significant historical values and cultural resources associated with Fort Sumter, Fort Moultrie, and the Sullivan's Island Life Saving Station Historic District. (b) Boundary.-- (1) In general.--The boundary of the Park shall be comprised of the land, water, and submerged land depicted on the map. (2) Availability of map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Administration.-- (1) In general.--The Secretary, acting through the Director of the National Park Service, shall administer the Park in accordance with this Act and the laws generally applicable to units of the National Park System, including-- (A) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and (B) chapter 3201 of title 54, United States Code. (2) Interpretation of historical events.--The Secretary shall provide for the interpretation of historical events and activities that occurred in the vicinity of Fort Sumter and Fort Moultrie, including-- (A) the Battle of Sullivan's Island on June 28, 1776; (B) the Siege of Charleston during 1780; (C) the Civil War, including-- (i) the bombardment of Fort Sumter by Confederate forces on April 12, 1861; and (ii) any other events of the Civil War that are associated with Fort Sumter and Fort Moultrie; (D) the development of the coastal defense system of the United States during the period from the Revolutionary War to World War II, including-- (i) the Sullivan's Island Life Saving Station; (ii) the lighthouse associated with the Sullivan's Island Life Saving Station; and (iii) the coastal defense sites constructed during the period of fortification construction from 1898 to 1942, known as the ``Endicott Period''; and (E) the lives of-- (i) the free and enslaved workers who built and maintained Fort Sumter and Fort Moultrie; (ii) the soldiers who defended the forts; (iii) the prisoners held at the forts; and (iv) captive Africans bound for slavery who, after first landing in the United States, were brought to quarantine houses in the vicinity of Fort Moultrie in the 18th Century, if the Secretary determines that the quarantine houses and associated historical values are nationally significant. (d) Cooperative Agreements.--The Secretary may enter into cooperative agreements with public and private entities and individuals to carry out this Act. SEC. 5. REPEAL OF EXISTING LAW. Section 2 of the Joint Resolution entitled ``Joint Resolution to establish the Fort Sumter National Monument in the State of South Carolina'', approved April 28, 1948 (16 U.S.C. 450ee-1), is repealed.

Fort Sumter and Fort Moultrie National Park Act of 2016 This bill establishes the Fort Sumter and Fort Moultrie National Park in South Carolina for the preservation and interpretation of the nationally significant historical values and cultural resources associated with Fort Sumter, Fort Moultrie, and Sullivan's Island Life Saving Station Historic District. The Department of the Interior shall arrange for the interpretation of historical events and activities that occurred in the vicinity of Fort Sumter and Fort Moultrie, including: the Battle of Sullivan's Island on June 28, 1776; the Siege of Charleston during 1780; and the Civil War, including the bombardment of Fort Sumter by Confederate forces on April 12, 1861; and the development of the coastal defense system of the United States during the period from the Revolutionary War to World War II, including that of Sullivan's Island Life Saving Station. Interior may enter into cooperative agreements with public and private entities and individuals to carry out this bill.

Fort Sumter and Fort Moultrie National Park Act of 2016

SECTION 1. ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS OF MEMBERS OF THE ARMED FORCES. (a) Availability of Locator Information.-- (1) Maintenance of address information.--The Secretary of Defense shall establish a centralized personnel locator service that includes the address of each member of the Armed Forces under the jurisdiction of the Secretary. Upon request of the Secretary of Transportation, addresses for members of the Coast Guard shall be included in the centralized personnel locator service. (2) Type of address.-- (A) Residential address.--Except as provided in subparagraph (B), the address for a member of the Armed Forces shown in the locator service shall be the residential address of that member. (B) Duty address.--The address for a member of the Armed Forces shown in the locator service shall be the duty address of that member in the case of a member-- (i) who is permanently assigned overseas, to a vessel, or to a routinely deployable unit; or (ii) with respect to whom the Secretary concerned makes a determination that the member's residential address should not be disclosed due to national security or safety concerns. (3) Updating of locator information.--Within 30 days after a member listed in the locator service establishes a new residential address (or a new duty address, in the case of a member covered by paragraph (2)(B)), the Secretary concerned shall update the locator service to indicate the new address of the member. (4) Availability of information.--The Secretary of Defense shall make information regarding the address of a member of the Armed Forces listed in the locator service available, on request, to the Federal Parent Locator Service. (b) Facilitating Granting of Leave for Attendance at Hearings.-- (1) Regulations.--The Secretary of each military department, and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations to facilitate the granting of leave to a member of the Armed Forces under the jurisdiction of that Secretary in a case in which-- (A) the leave is needed for the member to attend a court hearing described in paragraph (2); (B) the member is not serving in or with a unit deployed in a contingency operation (as defined in section 101 of title 10, United States Code); and (C) the exigencies of military service (as determined by the Secretary concerned) do not otherwise require that such leave not be granted. (2) Covered court hearings.--Paragraph (1) applies to a court hearing that is conducted in connection with a civil action-- (A) to determine whether a member of the Armed Forces is a natural parent of a child; or (B) to determine an obligation of a member of the Armed Forces to provide child support. (3) Definitions.--For purposes of this subsection: (A) The term ``court'' has the meaning given that term in section 1408(a) of title 10, United States Code. (B) The term ``child support'' has the meaning given such term in section 462 of the Social Security Act (42 U.S.C. 662). (c) Payment of Military Retired Pay in Compliance With Court Orders.-- (1) Date of certification of court order.--Section 1408 of title 10, United States Code, is amended-- (A) by redesignating subsection (i) as subsection (j); and (B) by inserting after subsection (h) the following new subsection (i): ``(i) Certification Date.--It is not necessary that the date of a certification of the authenticity or completeness of a copy of a court order for child support received by the Secretary concerned for the purposes of this section be recent in relation to the date of receipt by the Secretary.''. (2) Payments consistent with assignments of rights to states.--Subsection (d)(1) of such section is amended by inserting after the first sentence the following: ``In the case of a spouse or former spouse who, pursuant to section 402(a)(26) of the Social Security Act (42 U.S.C. 602(26)), assigns to a State the rights of the spouse or former spouse to receive support, the Secretary concerned may make the child support payments referred to in the preceding sentence to that State in amounts consistent with that assignment of rights.''. (3) Arrearages owed by members of the uniformed services.-- Section 1408(d) of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(6) In the case of a court order for which effective service is made on the Secretary concerned on or after the date of the enactment of this paragraph and which provides for payments from the disposable retired pay of a member to satisy the amount of child support set forth in the court order, the authority provided in paragraph (1) to make payments from the disposable retired pay of a member to satisy the amount of child support set forth in a court order shall apply to payment of any amount of child support arrearages set forth in that court order as well as to amounts of child support that currently become due.''. Passed the House of Representatives October 5, 1994. Attest: DONNALD K. ANDERSON, Clerk.

Directs the Secretary of Defense (Secretary) to establish a centralized personnel locator service that includes the addresses of each member of the armed forces. Requires addresses of members of the Coast Guard to be included upon request of the Secretary of Transportation. Requires the Secretary to update the locator service within 30 days after a listed member establishes a new address. Directs the Secretary to make such information available, upon request, to the Federal Parent Locator Service. Directs the Secretary of each military department (and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy) to prescribe regulations to facilitate the granting of leave for purposes of attending court hearings to determine either parentage or an obligation to provide child support. States that it is not necessary that the date of a certification of the authenticity or completeness of a copy of a court order for child support received by the Secretary concerned (such support to be paid through the retired pay of the member involved) be recent. Allows the Secretary concerned to make required child support payments to a State when a spouse or former spouse assigns to a State the right to receive support. Empowers the Secretary concerned to pay child support arrearages through the disposable retired pay of the responsible member.

To provide for improved procedures for the enforcement of child support obligations of members of the Armed Forces.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Revolving Door Reform Act''. SEC. 2. SPECIAL RULES FOR HIGHLY PAID EXECUTIVE APPOINTEES AND MEMBERS OF CONGRESS AND HIGHLY PAID CONGRESSIONAL EMPLOYEES. (a) Executive Branch.--Section 207(d) of title 18, United States Code, is amended by adding at the end thereof the following: ``(3) Legislative branch restrictions.-- (A) High level.--Any person who-- ``(i) serves in the position of President or Vice President of the United States, ``(ii) is employed in a position in the executive branch of the United States (including any independent agency) at a rate of pay payable for level I of the Executive Schedule or is employed in a position in the Executive Office of the President at a rate of pay payable for level II of the Executive Schedule, or ``(iii) is appointed by the President to a position under section 105(a)(2)(A) of title 3 or by the Vice President to a position under section 106(a)(1)(A) of title 3, may not, during the one-year period beginning on the date of such person's termination of service or employment, knowingly make, with the intent to influence, any communication to or appearance before any Member, officer, or employee of either House of Congress or any employee of any other legislative office of Congress on behalf of any other person (except the United States) in connection with any matter on which such person seeks action by such a Member or officer or employee acting in the Member's or officer's or employee's official capacity. During such one-year period such a person may not hold a supervisory position over any person who is likely to make such a communication or appearance. ``(B) Mid level.--Any person-- ``(i)(I) whose position is listed under section 5312 of title 5, ``(II) is employed in a full-time, noncareer position in the Executive Office of the President, or ``(III) is a full-time, noncareer Presidential, Vice Presidential, or agency head appointee in an executive agency, ``(ii) whose rate of basic pay is not less than $110,000 (adjusted for any COLA after the date of enactment of the Revolving Door Reform Act), and ``(iii) is not an appointee of the senior foreign service or a uniformed service commissioned officer, may not, during the one-year period beginning on the date of such person's termination of service or employment, knowingly make, with the intent to influence, any communication to or appearance before any Member, officer, or employee of either House of Congress or any employee of any other legislative office of Congress on behalf of any other person (except the United States) in connection with any matter on which such person seeks action by such a Member or officer or employee acting in the Member's or officer's or employee's official capacity on behalf of any other person (except the United States) in connection with any matter on which such person seeks action by such a Member or officer or employee acting in the Member's or officer's or employee's official capacity. During such one-year period such a person may not hold a supervisory position over any person who is likely to make such a communication or appearance.''. (b) Legislative Branch.--Section 207(e) of title 18, United States Code, is amended by redesignating paragraph (7) as paragraph (8) and by adding after paragraph (6) the following: ``(7) Appearances before executive branch.--Any person who is-- ``(A) a Member of Congress, ``(B) an elected officer of either House of Congress, or ``(C) employed in a position by the Congress at a rate of pay equal to or greater than $110,000 (adjusted for any COLA after the date of enactment of the Revolving Door Reform Act), may not, during the one-year period after that person leaves office or leaves employment, knowingly make, with the intent to influence, any communication to or appearance before any person who serves in the position of President or Vice President of the United States or any officer or employee of a department or agency on behalf of any other person (except the United States) in connection with any matter on which such person seeks official action by such a person or officer or employee. During such 2-year period such a person may not hold a supervisory position over any person who is likely to make such a communication or appearance.''.

Revolving Door Reform Act - Amends the Federal criminal code to prohibit the President or Vice President, any person employed in the executive branch at a rate payable for level I of the Executive Schedule or in a position in the Executive Office of the President (Executive Office) at a rate payable for level II, and specified high-level presidential or vice presidential appointees, for one year after such person's termination of service or employment, from: (1) knowingly making, with intent to influence, any communication or appearance before any Member, officer, or employee of Congress on behalf of any other person seeking action by such a Member in his or her official capacity; or (2) holding a supervisory position over any person who is likely to make such a communication or appearance. Sets forth a similar prohibition with respect to any person whose position is listed at level I of the Executive Schedule, who is employed in a full-time, noncareer position in the Executive Office, or who is a full-time, noncareer presidential, vice presidential, or agency head appointee in an executive agency whose rate of basic pay is not less than $110,000 and is not an appointee of the senior foreign service or a uniformed service commissioned officer. Prohibits any Member of Congress, elected officer of either House, or congressional employee with a rate of pay of $110,000 or above, for one year after leaving office or employment, from: (1) knowingly making, with intent to influence, any communication to or appearance before the President, Vice President, or any officer or employee of a department or agency on behalf of any other person seeking official action; or (2) holding a supervisory position over any person who is likely to make such a communication or appearance.

Revolving Door Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Opportunity Investment Trust Act''. SEC. 2. ORGANIZATION. (a) In General.--There is established a nonprofit corporation to be known as the ``Digital Opportunity Investment Trust'' (referred to in this Act as the ``Trust'') which shall not be an agency or establishment of the United States Government. The Trust shall be subject to the provisions of this section, and, to the extent consistent with this section, to the District of Columbia Nonprofit Corporation Act (D.C. Code, section 29-501 et seq.). (b) Funding.-- (1) In general.--There is established in the Treasury a separate fund to be known as the ``Digital Opportunity Investment Trust Fund'' (referred to in this Act as the ``Trust Fund''). The Trust Fund shall contain such amounts as are transferred to the Trust Fund under paragraph (2) and any interest earned on the investment of amounts in the Trust Fund under section 4. (2) Transfer of funds.--The Secretary of the Treasury shall in each fiscal quarter through the last quarter of fiscal year 2028, transfer from the General Fund of the Treasury to the Trust Fund, an amount equal to 30 percent of the proceeds received by the Federal Government during the preceding fiscal quarter from any use (including any auction, sale, fee derived from, or other revenue generated from) of the electromagnetic spectrum conducted under section 309 (or any other section) of the Communications Act of 1934 (47 U.S.C. 309 (j)) (or any other provision of Federal law) after September 30, 2007. (c) Board of Directors; Functions, and Duties.-- (1) Board.-- (A) In general.--A board of directors of the Trust (referred to in this Act as the ``Board'') shall be established to oversee the administration of the Trust. Such Board shall consist of 9 members to be appointed by the President, by and with the advice and consent of the Senate, who-- (i) reflect representation from the public and private sectors; (ii) are not regular full-time employees of the Federal Government; (iii) are eminent in such fields as telecommunications including public television, information technology, labor and workforce development, education, cultural and civic affairs, or the arts and humanities; (iv) shall provide, as nearly as practicable, a broad representation of various regions of the United States, various professions and occupations, and various kinds of talent and experience appropriate to the functions and responsibilities of the Trust; and (v) shall be responsible for establishing the priorities and funding obligations of the Trust. (B) Initial members.--The initial members of the Board shall serve as incorporators of the Trust and shall take whatever actions are necessary to establish the Trust under the District of Columbia Nonprofit Corporation Act (D.C. Code, section 29-501 et seq.). (C) Recommendations.--The Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives shall jointly submit to the President recommendations of individuals, selected from nominations submitted to Congress from associations representing the fields of science and learning relative to the work of the Board, to serve as members of the Board. (D) Terms of appointment.-- (i) Date.--Members of the Board shall be appointed not later than 90 days after the date of enactment of this Act. (ii) Terms.-- (I) In general.--Except as provided in subclause (II), each member of the Board shall be appointed for a 6-year term with terms set to expire in non- Federal election years. (II) Staggered terms.--With respect to the initial members of the Board-- (aa) 3 members shall serve for a term of 6 years; (bb) 3 members shall serve for a term of 4 years; and (cc) 3 members shall serve for a term of 2 years. (iii) Vacancies.--A vacancy in the membership of the Board shall not affect the Board's powers, and shall be filled in the same manner as the original member was appointed. (E) Chair and vice-chair.-- (i) Selection.--The Board shall select, from among the members of the Board, an individual to serve for a 2-year term as Chair of the Board and an individual to serve for a 2-year term as vice-Chair of the Board. (ii) Consecutive terms.--An individual may not serve for more than 2 consecutive terms as Chair of the Board. (F) Meetings.-- (i) First meeting.--Not later than 30 days after the date on which all of the members of the Board have been confirmed by the Senate, the Chair of the Board shall call the first meeting of the Board. (ii) Quorum.--A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings. (G) Board personnel matters.-- (i) Compensation.--Members of the Board shall not receive compensation, allowances, or benefits by reason of the members' service on the Board. (ii) Travel expenses.--The members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board. (H) Solicitation of advice.--The Board from time to time may solicit advice from-- (i) the Secretary of Health and Human Services; (ii) the Secretary of Commerce; (iii) the Secretary of Education; (iv) the Secretary of Agriculture; (v) the Secretary of Defense; (vi) the Secretary of Energy; (vii) the Secretary of Homeland Security; (viii) the Secretary of the Interior; (ix) the Secretary of Labor; (x) the Administrator of the National Aeronautics and Space Administration; (xi) the Director of the National Security Agency; (xii) the Director of the National Science Foundation; (xiii) the Director of the Office of Science and Technology Policy; (xiv) the Director of the National Endowment for the Arts; (xv) the Director of the National Endowment for the Humanities; (xvi) the Director of the Institute of Museum and Library Services; (xvii) the Librarian of Congress; and (xviii) the President and Chief Executive Officer of the Corporation for Public Broadcasting. (2) Director.--A majority of the members of the Board shall select a Director of the Trust who shall serve at the discretion of the Board and shall be responsible for instituting procedures to carry out the policies and priorities established by the Board, and for hiring all personnel of the Trust. The rate of compensation of the Director and personnel shall be fixed by the Board. (d) Trust Fund Uses.-- (1) Uses of funds.--To achieve the objectives of this Act, the Director of the Trust, after consultation with the Board, may use Trust funds-- (A) to support the digitization of collections and other significant holdings of the nation's universities, museums, libraries, public television stations, and other cultural institutions; (B) to support basic and applied research, including demonstrations of innovative learning and assessment systems as well as the components and tools needed to create them; (C) to use the research results developed under subparagraph (B) to create prototype applications designed to meet learning objectives in a variety of subject areas and designed for learners with many different educational needs, including-- (i) strengthening instruction in reading, science, mathematics, history, and the arts in elementary and secondary schools, community colleges, and other colleges and universities; (ii) providing the training needed for people now in the workplace to advance in a constantly changing work environment; and (iii) developing new applications for life- long learning in non-traditional learning environments such as libraries, museums, senior and community centers, and public television and radio; (D) to conduct assessments of legal, regulatory, and other issues that must be resolved to ensure rapid development and use of advanced learning technologies; and (E) to coordinate and disseminate information about initiatives throughout the Federal Government that focus on uses of technology in education and learning. (2) Contracts and grants.-- (A) In general.--In order to carry out the activities described in paragraph (1), the Director of the Trust, with the agreement of a majority of the members of the Board, may award contracts and grants to nonprofit public institutions (with or without private partners) and for-profit organizations and individuals. (B) Public domain.-- (i) In general.--The research and development properties and materials associated with a project in which a majority of the funding used to carry out the project is from a grant or contract under this Act shall be freely and nonexclusively available to the general public. (ii) Exemption.--The Director of the Trust may exempt specific projects from the requirement of clause (i) if the Director of the Trust and a majority of the members of the Board determine that the general public will benefit significantly in the long run due to the project not being freely and nonexclusively available to the general public. (C) Evaluation of proposals.--To the extent practicable, proposals for such contracts or grants shall be evaluated on the basis of comparative merit by panels of experts who represent diverse interests and perspectives, and who are appointed by the Director of the Trust from recommendations from the fields served and the Board of Directors. (3) Cooperation.--The Director of the Trust, after consultation with the Board, may cooperate with business, industry, philanthropy, noncommercial education broadcast, television and radio licensees and permittees, and local and national public service institutions, including in activities that seek to enhance the work of such public service institutions by seeking new ways to put telecommunications and information technologies to work in their areas of interest. SEC. 3. ACCOUNTABILITY AND REPORTING. (a) Report.-- (1) In general.--Not later than April 30 of each year, the Director of the Trust shall prepare a report for the preceding fiscal year that contains the information described in paragraph (2). (2) Contents.--A report under paragraph (1) shall include-- (A) a comprehensive and detailed report of the Trust's operations, activities, financial condition, and accomplishments, and such recommendations as the Director of the Trust determines appropriate; and (B) a comprehensive and detailed inventory of funds distributed from the Trust Fund during the fiscal year for which the report is being prepared. (3) Statement of the board.--Each report under paragraph (1) shall include a statement from the Board containing-- (A) a clear description of the plans and priorities of the Board for the subsequent 5-year period for expenditures from the Trust Fund; and (B) an estimate of the funds that will be available for such expenditures from the Trust Fund. (4) Submission to the president and congress.--A report under this subsection shall be submitted to the President and the appropriate committees of Congress. (b) Testimony.--The Chair of the Board, other members of the Board, and the Director and principal officers of the Trust shall testify before the appropriate committees of Congress, upon request of such committees, with respect to-- (1) a report prepared under subsection (a)(1); and (2) any other matter that such committees may determine appropriate. SEC. 4. INVESTMENT OF TRUST FUNDS. (a) In General.--The Secretary of the Treasury, after consultation with the Board, shall invest the funds of the Trust Fund in interest- bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. (b) Expenditures.-- (1) In general.--The Director of the Trust shall not undertake grant or contract activities under this Act until the Trust has received the interest or other proceeds from the investment of the Trust Funds for not less than 1 year's duration. Thereafter, upon Board approval of the annual budget of the Trust, the Director of the Trust may commence such grant or contract activities at the start of each fiscal year. (2) Obligation of funds.-- (A) In general.--Except as provided in subparagraph (B), in awarding grants or contracts or making other expenditures under this Act, the Director of the Trust shall not obligate funds from the Trust that exceed the proceeds received from the investment of the funds in the Trust Fund during the preceding fiscal year. (B) Carry over.--Funds from the Trust Fund that are available for obligation for a fiscal year that are not obligated for such fiscal year shall remain available for obligation for the succeeding fiscal year. SEC. 5. SPECIAL ACCOUNT FOR DISTRIBUTION TO PUBLIC TELEVISION STATIONS. (a) Reservation.--An amount equivalent to 21 percent of the interest derived from the investment proceeds referred to in section 2(b)(2) shall be reserved in a special account within the Trust Fund for distribution on a regular basis to those noncommercial educational television broadcast stations (as defined in section 397(6) of the Communications Act of 1934 (47 U.S.C. 397(6)) that are qualified to receive grants from the Corporation for Public Broadcasting pursuant to section 396(k)(6)(B) of such Act (47 U.S.C. 396(k)(6)(B)) and to the Public Broadcasting Service in partnership with such stations. (b) Responsibility for Distribution.--The Director of the Trust shall-- (1) through a special contract, designate the Corporation for Public Broadcasting as the sole agent responsible for the distribution of funds under this section; and (2) transfer the funds referred to in subsection (a) to the Corporation for Public Broadcasting on a regular basis. (c) Grants.--In making the distribution referred to in subsection (a), the Corporation for Public Broadcasting shall utilize a competitive grant application process that is governed by criteria that ensures that funds are directed to the creation of locally delivered digital education and learning services and ensures that a diversity of licensee types and geographic service areas are adequately served. The Corporation for Public Broadcasting shall develop such criteria in consultation with public television licensees, permitees, and representatives designated by their national organizations.

Digital Opportunity Investment Trust Act - Establishes the Digital Opportunity Investment Trust, which shall receive 30 percent of the proceeds received by the Federal Government each fiscal year quarter through FY 2028 from any use of the publicly owned electromagnetic spectrum after September 30, 2007. Establishes: (1) a Board to oversee administration of the Trust; and (2) a Director of the Trust. Sets forth authorized Trust uses. Obligates specified amounts for public television stations.

A bill to provide for the establishment of a Digital Opportunity Investment Trust.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Stewardship and Natural Resources Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) in order to maintain our quality of life, economic growth should-- (A) be balanced with environmental management; and (B) include collaborative scientific inquiry, technology development, and public policy; (2) the failure of environmental science data, technology, and knowledge to adequately support long-term policy leads to questions of scientific data quality, credibility, and utility, and results in an atmosphere of adversarial science and conflicting policy; (3) individuals affected by decisions regarding long-term stewardship have not always been effective in determining the needs for, setting the agenda for, and participating in environmental research and development; (4) decisions regarding the long-term stewardship can significantly impact a region's economy and its residents' quality of life; (5) the Department of Energy is just beginning to develop long-term strategies for managing its vast holdings of land; (6) the Department of Energy environmental management program-- (A) is the largest program in the Department; (B) must have the scientific capability to support long-term stewardship in order for the Department to manage legacy waste; and (C) has no national laboratories designated to address the science, research, and developmental needs for long-term stewardship; and (7) the Idaho National Engineering and Environmental Laboratory, a multiprogrammatic federally funded research and development laboratory, is geographically and technologically positioned to capably address the needs for long-term stewardship. (b) Purposes.--The purposes of this Act are-- (1) to designate the Idaho National Engineering and Environmental Laboratory as the Center of Excellence for Environmental Stewardship of the Department of Energy to provide for the long-term stewardship of Department land; (2) to establish the Natural Resources Institute within the Center; and (3) to authorize the Center and Institute-- (A) to provide scientific and technical assistance to the Department in carrying out the environmental missions of the Department; (B) to perform basic and applied scientific research necessary, and develop methods and technologies, for modeling, detection, characterization, remediation, treatment, and control of contaminants-- (i) in the environment; or (ii) stored or disposed of as waste; (C) to serve as a neutral forum to develop scientific solutions for long-term stewardship of Department land; (D) to coordinate research on and develop-- (i) appropriate and systematic approaches to long-term stewardship; and (ii) the specific tools and mechanisms necessary to implement approaches-- (I) to support public policy development by facilitating the creation of public-private partnerships necessary to implement systemic approaches to long-term stewardship; and (II) in cooperation with colleges and universities, to provide education and training regarding long-term stewardship by developing training programs and educational curricula using modern information systems such as the Internet and video teleconferencing for a wide variety of users, including-- (aa) the public; (bb) local and regional government; (cc) industry; and (dd) colleges and universities; and (E) to facilitate the creation of commercial enterprises through application of derived use science and technology by involving-- (i) local economic development agencies; (ii) technology incubators; (iii) research institutes; and (iv) the private sector; and (F) to transfer information and analyses regarding long-term stewardship to persons and organizations to allow informed decisionmaking. SEC. 3. DEFINITIONS. In this Act: (1) Atomic energy defense activity.--The term ``atomic energy defense activity'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). (2) Center.--The term ``Center'' means the Center of Excellence for Environmental Stewardship of the Department designated under section 4(a). (3) Department.--The term ``Department'' means the Department of Energy. (4) Department of energy defense nuclear facility.-- (A) In general.--The term ``Department of Energy defense nuclear facility'' means a site under control or jurisdiction of the Department that is operated for the purpose of conducting an atomic energy defense activity, including-- (i) a production facility, as defined in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014); (ii) a utilization facility, as defined in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014); (iii) a nuclear waste storage or disposal facility; (iv) an atomic weapon testing and evaluation facility; (v) an atomic weapons research and development facility; or (vi) any facility described in any of clauses (i) through (v) that-- (I) no longer is in operation; and (II) was operated for the purpose of conducting an atomic energy defense activity. (B) Exclusion.--The term ``Department of Energy defense nuclear facility'' does not include a facility that conducts only civilian nuclear activities, such as technology necessary for the generation of electricity at a nuclear power plant. (5) Institute.--The term ``Institute'' means the Natural Resources Institute established under section 5(a). (6) Long-term stewardship.--The term ``long-term stewardship'' means the responsibility to manage all natural and manmade resources in a manner that balances economics, ecological, social, and cultural factors. (7) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 4. CENTER OF EXCELLENCE FOR ENVIRONMENTAL STEWARDSHIP. (a) In General.--The Idaho National Engineering and Environmental Laboratory is designated as the Center of Excellence for Environmental Stewardship of the Department. (b) Duties.--The Center shall-- (1) develop, test, and demonstrate new and innovative methods and technologies necessary for the implementation of programs by the Department for the long-term stewardship of-- (A) contaminated land; (B) remediated land that remains contaminated, such as capped landfills or land under which ground water is contaminated; and (C) uncontaminated land used as a buffer area around a Department of Energy defense nuclear facility; (2) develop, test, and demonstrate new and innovative methods and technologies for the estimation of Federal liability under section 107(f) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)); (3) develop and continually update systems engineering methods for analyzing the options and efficiencies for transportation, treatment, storage, and disposal of waste at Department of Energy defense nuclear facilities; (4) conduct basic scientific research into the transport of contaminants in the environment; (5) develop models and predictive methods for estimating-- (A) the transport of contaminants in various environmental settings; and (B) the subsequent risk posed by contaminants in the environment to humans and associated ecosystems; and (6) develop, test, and demonstrate new and innovative technologies for the detection, monitoring, stabilization, and remediation of contaminants in the environment. (c) Memoranda of Understanding.--The Center shall enter into memoranda of understanding with the heads of appropriate Federal agencies to establish administrative procedures necessary for the Center to-- (1) participate in work for other programs on land of the Department of the Interior and the Department of Agriculture; and (2) solve pressing long-term stewardship problems. (d) Acquisition of Information From Federal Agencies.--To assist the Center in carrying out this Act, the Center may acquire from any Federal agency unclassified and nonproprietary information maintained by the agency. SEC. 5. NATURAL RESOURCES INSTITUTE. (a) In General.--Within the Center, there is established a Natural Resources Institute as a pilot demonstration project. (b) Duties.--The Institute shall-- (1) serve in a dual capacity as a partner and facilitator in performing the duties described in paragraphs (2) through (5); (2) initiate and perform multidisciplinary, solution- oriented, focused, and needs-driven research regarding long- term stewardship through-- (A) coordination of research activities to minimize duplication of effort and maximize scientific advancement; (B) maintenance of meaningful public involvement in the development and implementation of research activities; (C) performance of research by high-quality scientific experts who are private and public partners of the Institute; (D) performance of research in and development of understanding of the field of predicting regional ecosystem dynamics; (E) development of methodologies, technologies, and tools for environmental stewardship; and (F) development and understanding of the science associated with the long-term stewardship issues associated with Department land; (3) support formulation and implementation of long-term stewardship public policy through-- (A) consideration of the balance of socioeconomic concerns and quality of life issues with respect to environmental remediation, cost, and schedule concerns; and (B) involvement of the public with the research and development activities of the Institute; (4) act as an information resource center by-- (A) serving as a centralized repository for environmental data, data management resources, and analytical tools for Department land; (B) entering into partnership agreements with private entities and public agencies to access or acquire and maintain regional environmental data sets through-- (i) monitoring data; (ii) geographical information system coverages; (iii) satellite data; and (iv) data from local and regional ecological studies; (C) providing quick and affordable access to all public databases, such as those maintained by the Federal and State agencies, and, as appropriate, access to private databases developed to support specific models or decisions; and (D) training personnel to assist the public and researchers in gaining access to information on long- term stewardship; and (5) provide training-- (A) using colleges and universities to educate the public, future scientists, and educators; (B) seminars and training assistance for the public; and (C) collaboration with colleges and universities to provide resources, internships, and research opportunities. (c) Cooperation.--In carrying out this section, the Institute shall cooperate with-- (1) Federal and State agencies; (2) colleges and universities; (3) national laboratories; (4) the public; and (5) the private sector.

Environmental Stewardship and Natural Resources Act of 1999 - Designates the Idaho National Engineering and Environmental Laboratory as the Center of Excellence of Environmental Stewardship of the Department of Energy (DOE). Cites Center duties, including development, testing, and demonstration of methods and technologies necessary for DOE's long-term stewardship of defense nuclear facility lands affected by legacy waste. Requires the Center to enter into memoranda of understanding with Federal agencies to establish administrative procedures to: (1) participate in work for other programs on lands of the Departments of the Interior and of Agriculture; and (2) solve pressing long-term stewardship problems. Establishes a Natural Resources Institute as a pilot demonstration project within the Center to: (1) serve as partner and facilitator in performing enumerated Center duties; (2) perform multidisciplinary research regarding long-term stewardship; (3) support formulation and implementation of long-term stewardship public policy; and (4) act as an information resource center. Mandates Institute cooperation with governmental agencies, colleges and universities, national laboratories, and with the public.

Environmental Stewardship and Natural Resources Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Silent Skies Act of 2013''. SEC. 2. FINDINGS. Congress finds that-- (1) aircraft and airport noise is one of the most common ``quality of life'' nuisance issues in neighborhoods throughout the United States; and (2) the stage 4 aircraft noise certification standard became applicable to new type design aircraft in 2006 pursuant to an agreement signed by the International Civil Aviation Organization, of which the United States is a member. SEC. 3. AIRCRAFT NOISE REDUCTION TECHNOLOGY RESEARCH, DEVELOPMENT, AND IMPLEMENTATION PARTNERSHIP. (a) Cooperative Agreement.--Subchapter I of chapter 475 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 47511. Aircraft noise reduction technology research, development, and implementation partnership ``(a) In General.--The Administrator of the Federal Aviation Administration shall enter into a cooperative agreement, using a competitive process, with an institution, entity, or consortium to carry out a program for the development, maturing, and certification of aircraft technology that will assist in-service and in-production civil turbojets that have noise levels greater than the levels specified in stage 4 noise standards in complying with such noise standards, as required under subchapter II of this chapter, or more stringent noise standards. ``(b) Terms and Conditions.--The Administrator may include in a cooperative agreement entered into under this section terms and conditions requiring a recipient of funds under the cooperative agreement-- ``(1) to conduct activities under the cooperative agreement on a cost-shared basis, using Federal and non-Federal funds; and ``(2) to make repayments to the United States of all or a portion of the amounts received by the recipient under the cooperative agreement, if an aircraft technology developed under the cooperative agreement results in revenues for the recipient. ``(c) Funding.--Of amounts appropriated under section 48102(a), not more than $10,000,000 for each of fiscal years 2014, 2015, and 2016 may be used to carry out this section. ``(d) Report.--Beginning in fiscal year 2014, the Administrator shall publish an annual report on the program established under this section until completion of the program.''. (b) Clerical Amendment.--The analysis for such subchapter is amended by adding at the end the following: ``47511. Aircraft noise reduction technology research, development, and implementation partnership.''. SEC. 4. PROHIBITION ON OPERATING CERTAIN AIRCRAFT NOT COMPLYING WITH STAGE 4 NOISE LEVELS. (a) In General.--Subchapter II of chapter 475 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 47535. Limitation on operating certain aircraft not complying with stage 4 noise levels ``(a) Regulations.--Not later than December 3, 2015, the Secretary of Transportation, in consultation with the International Civil Aviation Organization, shall issue regulations to establish minimum standards for civil turbojets to comply with stage 4 noise levels. ``(b) General Rule.--The Secretary shall issue regulations to ensure that, except as provided in section 47529-- ``(1) 25 percent of the civil turbojets with a maximum weight of more than 75,000 pounds operating after December 31, 2020, to or from airports in the United States comply with the stage 4 noise levels established under subsection (a); ``(2) 50 percent of such turbojets operating after December 31, 2025, to or from airports in the United States comply with the stage 4 noise levels; ``(3) 75 percent of such turbojets operating after December 31, 2030, to or from airports in the United States comply with the stage 4 noise levels; and ``(4) 100 percent of such turbojets operating after December 31, 2035, to or from airports in the United States comply with the stage 4 noise levels. ``(c) Foreign-Flag Aircraft.-- ``(1) International standards.--The Secretary shall request the International Civil Aviation Organization to add to its Work Programme the consideration of international standards for the phase-out of aircraft that do not comply with stage 4 noise levels. ``(2) Enforcement.--The Secretary shall enforce the requirements of this section with respect to foreign-flag aircraft only to the extent that such enforcement is consistent with United States obligations under international agreements. ``(d) Annual Report.--Beginning with calendar year 2016-- ``(1) each air carrier shall submit to the Secretary an annual report on the progress the carrier is making toward complying with the requirements of this section and regulations issued to carry out this section; and ``(2) the Secretary shall submit to Congress an annual report on the progress being made toward that compliance. ``(e) Recertification Not Required.-- ``(1) Limitation on statutory construction.--Nothing in this section may be construed to require the recertification of a civil turbojet that has been retrofitted to comply with or otherwise already meets the stage 4 noise levels established under subsection (a). ``(2) Means of demonstrating compliance with stage 4 noise levels.--The Secretary shall specify means for demonstrating that an aircraft complies with stage 4 noise levels without requiring recertification.''. (b) Nonaddition Rule.-- (1) In general.--Section 47529 of such title is amended-- (A) in subsection (a)-- (i) in the matter preceding paragraph (1)-- (I) by striking ``subsonic''; and (II) by striking ``November 4, 1990'' and inserting ``December 31, 2018''; (ii) in paragraph (1) by striking ``stage 3'' and inserting ``stage 4''; and (iii) in paragraph (2) by striking ``November 5, 1990'' and inserting ``January 1, 2019''; (B) in subsection (b) by striking ``stage 3'' and inserting ``stage 4''; and (C) in subsection (c)(1) by striking ``November 5, 1990'' and inserting ``January 1, 2019''. (2) Effective date.--The amendments made by this subsection take effect on December 31, 2018. (c) Conforming Amendments.-- (1) In general.--Chapter 475 of such title is amended-- (A) in the chapter analysis-- (i) by striking the item relating to section 47530 and inserting the following: ``47530. Nonapplication of certain requirements to aircraft outside the 48 contiguous States.''; and (ii) by adding at the end the following: ``47535. Nonapplication of certain requirements to aircraft outside the 48 contiguous States.''; (B) in section 47530-- (i) by striking the section designation and heading and inserting the following: ``Sec. 47530. Nonapplication of certain requirements to aircraft outside the 48 contiguous States''; (ii) by striking ``and 47529'' and inserting ``, 47529, and 47535''; (iii) by striking ``subsonic''; (iv) by striking ``November 4, 1990'' and inserting ``December 31, 2018''; and (v) by striking ``stage 3'' and inserting ``stage 4''; and (C) in section 47531 by striking ``or 47534'' and inserting ``47534, or 47535''. (2) Effective date.--The amendments made by clauses (iii), (iv), and (v) of paragraph (1)(B) take effect on December 31, 2018.

Silent Skies Act of 2013 - Directs the Administrator of the Federal Aviation Administration (FAA) to enter into a competitive cooperative agreement with an institution, entity, or consortium to carry out a program for the development of aircraft technology that will assist in-service and in-production civil turbojets not meeting stage 4 noise standards to comply with them or with more stringent noise standards. Directs the Secretary of Transportation (DOT) to issue regulations to establish minimum standards to ensure that graduated percentages of civil turbojets weighing over 75,000 pounds comply with the stage 4 noise levels by specified dates. Requires the Secretary to request the International Civil Aviation Organization to add to its Work Programme the consideration of international standards for the phase-out of aircraft not complying with stage 4 noise levels. Declares that the requirements of this Act shall not apply to civil turbojet aircraft that operate outside of the 48 contiguous states.

Silent Skies Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Auto Insurance Ratemaking Reporting to Allow a Transparent Evaluation of Statistics Act of 2018'' or the ``FAIR RATES Act of 2018''. SEC. 2. DATA CALL. (a) In General.--Pursuant to the authority under section 313(e) of title 31, United States Code, the Director of the Federal Insurance Office shall collect from covered automobile insurers, aggregated on a census tract level basis based on the place of garaging of the insured vehicle, information for each of the three accident or calendar years, as applicable, most recently completed as of the date of the enactment of this Act, regarding private passenger automobile insurance as the Director considers necessary to prepare the report required under section 3, which shall include the following information for each such year: (1) Company name.--The name of the insurance coverage for the vehicle. (2) Experience year.--The experience year for premiums and exposures. (3) Census tract.--The census tract of the place of garaging of the insured vehicle. (4) Paid loss adjustment expenses.--Total paid loss adjustment expenses, reported by accident year. (5) Incurred loss adjustment expenses.--Total incurred loss adjustment expenses plus case reserves, reported by accident year. (6) Count of claims recorded.--The number of claims reported for each coverage or type of loss, including claims that included payment and claims that did not include payment. (7) Count of claims closed.--The number of claims closed for each coverage or type of loss, including claims that were closed that included payment and claims that were closed that did not include payment. (8) Coverage type.--The type of coverage provided, including liability, personal injury protection, collision, comprehensive, and uninsured motorist bodily injury. (9) Premium written.--Total premium written, reported by coverage type. (10) Premium earned.--Total premium earned, reported by coverage type. (11) Exposure written.--Total exposures written, reported by coverage type. (12) Exposure earned.--Total exposures earned, reported by coverage type. (b) Method and Timing of Collection.-- (1) From federal or state agency.--Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, the Director shall determine whether all of the information required to be collected under subsection (a) can be obtained in the manner provided under the first sentence of section 313(e)(4) of title 31, United States Code, in a timely manner. If the Director determines that all such information is available, and may be obtained by such manner in a timely manner, the Director shall so obtain all such information. (2) From intermediary.--If the Director determines under paragraph (1) that all of the information required to be collected under subsection (a) cannot be obtained in the manner provided under the first sentence of section 313(e)(4) of title 31, United States Code, and in a timely manner, the Director shall provide that covered automobile insurers shall submit any such information that is not so obtainable through-- (A) an appropriate intermediary, including the National Association of Insurance Commissioners; or (B) other appropriate intermediaries, including advisory organizations and statistical agents licensed by State insurance regulatory authorities. (3) From covered automobile insurers.--If the Director has not received all of the information required to be collected under subsection (a) before the expiration of the 12-month period beginning on the date of the enactment of this Act, before the expiration of the 18-month period beginning upon such date of enactment, the Director shall collect from covered automobile insurers, in accordance with the penultimate sentence of section 313(e)(4) of title 31, United States Code, any such information not so received. SEC. 3. STUDY. (a) In General.--The Director shall conduct a study, using the information collected pursuant to section 2 and any other appropriate information available, to compare private passenger automobile insurance premium costs and claims payment amounts to identify any disparities in such premium costs and claims payment amounts between coverage for automobiles garaged in census tracts and areas having a majority of residents who are racial minorities and coverage for automobiles garaged in census tracts and areas having a majority of residents who are not racial minorities. Not later than the expiration of the 24-month period beginning on the date of the enactment of this Act, the Director shall submit to the Congress a report containing the analysis, findings, and conclusions of the study under this section. (b) Availability of Information.--Upon submitting the report to the Congress pursuant to subsection (a), the Director shall make publicly available all information collected pursuant to section 2 and all other information used in the conducting the study under this section, except that any information made publicly available may not contain any personally identifiable information regarding insureds under private passenger automobile insurance for which such information is collected. SEC. 4. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Covered automobile insurer.--The term ``covered automobile insurer'' means an insurer that-- (A) has a statutory surplus attributable to private passenger automobile insurance coverage, as of December 31, 2016, in an amount that exceeds $500,000,000; and (B) annually collects more than $500,000,000 in premiums for private passenger automobile insurance coverage. (2) Director.--The term ``Director'' means the Director of the Federal Insurance Office of the Department of the Treasury.

Fair Auto Insurance Ratemaking Reporting to Allow a Transparent Evaluation of Statistics Act of 2018 or the FAIR RATES Act of 2018 This bill directs the Federal Insurance Office (FIO) of the Department of the Treasury to collect private passenger automobile insurance data from certain automobile insurers, federal and state agencies, or other intermediaries. FIO must report on any racial disparities in premium costs and claims payment amounts.

Fair Auto Insurance Ratemaking Reporting to Allow a Transparent Evaluation of Statistics Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Costal Homeowners Assistance Act''. SEC. 2. NONREFUNDABLE PERSONAL CREDIT FOR HURRICANE MITIGATION PROPERTY. (a) 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. HURRICANE MITIGATION PROPERTY. ``(a) Allowance of Credit.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to 25 percent of the qualified hurricane mitigation property expenditures made by the taxpayer during the taxable year. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed under subsection (a) shall not exceed the excess (if any) of $5,000 over the aggregate credits allowed under this section with respect to such taxpayer for all prior taxable years. ``(2) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any 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 this subpart (other than this section and section 23) for the taxable year. ``(c) Eligible Individual.--For purposes of this section, the term `eligible individual' means any taxpayer whose principal residence is a qualified dwelling unit located in-- ``(1) an area determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of 1 or more hurricanes during 2004 or 2005, or ``(2) a county located in a State which borders the Atlantic Ocean or the Gulf of Mexico. ``(d) Qualified Hurricane Mitigation Property Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified hurricane mitigation property expenditures' means an expenditure for property-- ``(A) to improve the strength of a roof deck attachment, ``(B) to create a secondary water barrier to prevent water intrusion, ``(C) to improve the durability of a roof covering, ``(D) to brace gable-end walls, ``(E) to reinforce the connection between a roof and supporting wall, ``(F) to protect openings from penetration by windborne debris, ``(G) to protect exterior doors and garages, or ``(H) to achieve such other mitigation purposes as prescribed in regulations by the Secretary after consultation with the Administrator of the Federal Emergency Management Agency, in the principal residence of the taxpayer. ``(2) Limitation.--An expenditure shall be taken into account in determining the qualified hurricane mitigation property expenditures made by the taxpayer during the taxable year only if the onsite preparation, assembly, or original installation of the property with respect to which such expenditure is made has been completed in a manner that is deemed to be adequate by a State-certified inspector. ``(3) Labor costs.--Expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property described in paragraph (1) shall be taken into account in determining the qualified hurricane mitigation property expenditures made by the taxpayer during the taxable year. ``(4) Inspection costs.--Expenditures for inspection costs properly allocable to the inspection of the preparation, assembly, or installation of the property described in paragraph (1) shall be taken into account in determining the qualified hurricane mitigation property expenditures made by the taxpayer during the taxable year. ``(e) Other Definitions.--For purposes of this section-- ``(1) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(2) Qualified dwelling unit.--The term `qualified dwelling unit' means a dwelling unit that is assessed at a value that is less than $1,000,000 by the locality in which such dwelling unit is located and with respect to the taxable year for which the credit described in subsection (a) is allowed.''. (b) Conforming Amendments.-- (1) Section 24(b)(3)(B) of the Internal Revenue Code of 1986 is amended by striking ``and 25B'' and inserting ``, 25B, and 25E''. (2) Section 25(e)(1)(C)(ii) of such Code is amended by inserting ``25E,'' after ``25D,''. (3) Section 25B(g)(2) of such Code is amended by striking ``section 23'' and inserting ``sections 23 and 25E''. (4) Section 25D(c)(2) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25E''. (5) Section 26(a)(1) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25E''. (6) Section 904(i) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25E''. (7) Section 1400C(d)(2) of such Code is amended by striking ``and 25D'' and inserting ``25D, and 25E''. (c) Clerical Amendment.--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. Hurricane mitigation property.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. CREDIT FOR HOME INSURANCE PREMIUM INCREASES. (a) Allowance of Credit.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by chapter 1 of the Internal Revenue Code of 1986 for the first taxable year after the date of the enactment of this section an amount equal to 50 percent of the qualified homeowners insurance premium increases. (b) Maximum Credit.--The credit allowed under subsection (a) shall not exceed $5,000. (c) Eligible Individual.--For purposes of this section, the term ``eligible individual'' means any taxpayer-- (1) whose principal residence, as of the last day of the taxable year, is a qualified dwelling unit located in-- (A) an area determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of 1 or more hurricanes during 2004 or 2005, or (B) a county-- (i) located in a State which borders the Atlantic Ocean or the Gulf of Mexico, and (ii) which is determined by the Secretary to have experienced a higher than average increase in premiums for homeowners insurance during 2004, 2005, or 2006 due to hurricane risk, and (2) whose principal residence, as of the applicable date, was located-- (A) in an area or county described in paragraph (1), and (B) within 100 miles of such taxpayer's principal residence as of the last day of the taxable year. (d) Qualified Homeowners Insurance Premium Increase.--For purposes of this section-- (1) In general.--The term ``qualified homeowners insurance premium increase'' means, with respect to any eligible individual, the amount equal to the qualifying percentage of the premium for homeowners insurance in effect on the third policy anniversary date following the applicable date. (2) Qualifying percentage.--The term ``qualifying percentage'' means the amount equal to the excess (expressed in percentage points) of-- (A) the increase in the premium for homeowners insurance of the eligible individual between the date of the last policy anniversary before the applicable date and the third policy anniversary date following the applicable date, over (B) a 100 percent increase in the premium for such homeowners insurance between the same dates. (e) Other Definitions.--For purposes of this section-- (1) Applicable date.--The term ``applicable date'' means-- (A) with respect to any individual whose principal residence is located in an area described in subsection (c)(1)(A), the day before the determination described in such subsection, and (B) with respect to any individual whose principal residence is located in a county described in subsection (c)(1)(B), September 1, 2005. (2) Homeowners insurance.--The term ``homeowners insurance'' means any insurance covering a principal residence. Such term includes coverage of a principal residence with respect to wind damage through a State-run wind pool. (3) Principal residence.--The term ``principal residence'' has the same meaning as when used in section 121 of the Internal Revenue Code of 1986. (4) Qualified dwelling unit.--The term ``qualified dwelling unit'' means a dwelling unit that is assessed at a value that is less than $1,000,000 by the locality in which such dwelling unit is located and with respect to the taxable year for which the credit described in subsection (a) is allowed. (f) Credit Treated as Personal Nonrefundable Credit.-- (1) In general.--The credit allowed under this section shall be treated as a credit allowed under subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986. (2) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) of such Code does not apply, the credit allowed under this section for any taxable year shall not exceed the excess of-- (A) the sum of the regular tax liability (as defined in section 26(b) of such Code) plus the tax imposed by section 55 of such Code, over (B) the sum of the credits allowable under such subpart A (other than this section and section 23 of such Code) for the taxable year. (3) Carryforward of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed under section 26(a) of the Internal Revenue Code of 1986 for the taxable year reduced by the sum of the credits allowable under subpart A of part IV of subchapter A of chapter 1 of such Code, or, if applicable, the limitation under paragraph (2), such excess shall be carried to the succeeding taxable year and allowable as a credit under such subpart for such succeeding taxable year.

Costal [sic] Homeowners Assistance Act - Amends the Internal Revenue Code to allow tax credits for: (1) 25% of the qualified hurricane mitigation property expenditures incurred by a homeowner in a federally declared hurricane disaster area or in a county located in a state which borders the Atlantic Ocean or the Gulf of Mexico, up to $5,000; and (2) 50% of the increases in homeowner insurance premiums in such disaster areas, up to $5,000. Includes within the definition of "qualified hurricane mitigation property expenditures" expenditures to improve the strength of a roof deck attachment, create a secondary water barrier, improve the durability of a roof covering, or protect exterior doors and garages.

A bill to amend the Internal Revenue Code of 1986 to provide a credit for hurricane mitigation expenditures, and to provide a credit for the increased insurance premiums of certain homeowners as a result of hurricane events.

SECTION 1. SHORT TITLE. This Act may be cited as the ``ERISA Audit Improvement Act of 1994''. SEC. 2. REPEAL OF LIMITED SCOPE AUDIT. (a) In General.--Section 103(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1023(a)(3)) is amended by striking subparagraph (C) and by redesignating subparagraph (D) as subparagraph (C). (b) Conforming Amendment.--Section 104(a)(5)(A) of such Act (29 U.S.C. 1024(a)(5)(D)) is amended by striking ``section 103(a)(3)(D)'' and inserting ``section 103(a)(3)(C)''. (c) Effective Date.--The amendments made by this section shall apply with respect to opinions required under section 103(a)(3)(A) of the Employee Retirement Income Security Act of 1974 for plan years beginning on or after January 1 of the calendar year following the date of the enactment of this Act. SEC. 3. EXTERNAL QUALITY CONTROL REVIEW REQUIREMENT FOR QUALIFIED PUBLIC ACCOUNTANTS. (a) In General.--Section 103(a)(3)(C) of the Employee Retirement Income Security Act of 1974 (as redesignated by section 2) is amended-- (1) by striking ``means'' and inserting ``means, with respect to any engagement of an accountant under subparagraph (A)''; (2) by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), respectively; (3) by inserting ``(i)'' after ``(C)''; (4) in subclause (III) (as redesignated), by striking the period and inserting a comma; (5) by adding after and below such subclause (III) the following: ``if such person meets the requirements of clause (ii) with respect to such engagement.''; and (6) by adding at the end the following new clauses: ``(ii) A person meets the requirements of this clause with respect to an engagement of such person as an accountant under subparagraph (A) if such person-- ``(I) has in operation an appropriate internal quality control system, and ``(II) has undergone a qualified external quality control review of the person's accounting and auditing practices, including such practices relevant to employee benefit plans (if any), during the 3-year period immediately preceding such engagement. ``(iii) For purposes of clause (ii)(II), an external quality control review shall be treated as `qualified' with respect to a person referred to in clause (ii) if-- ``(I) such review is performed in accordance with the requirements of external quality control review programs of recognized auditing standard-setting bodies, as determined by the Comptroller General of the United States or in regulations of the Secretary, and ``(II) in the case of any such person who has conducted one or more previous audits of employee benefit plans, such review includes the review of an appropriate number (determined as shall be provided in such regulations but in no case less than one) of plan audits in relation to the scale of such person's auditing practice.''. (b) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after the date which is 3 years after the date of the enactment of this Act. SEC. 4. REQUIREMENT FOR REPORTING OF CERTAIN EVENTS. (a) In General.--Part 1 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021 et seq.) is amended-- (1) by redesignating section 111 as section 112; and (2) by inserting after section 110 the following new section: ``direct reporting of certain events ``Sec. 111. (a) Required Notifications.-- ``(1) Notifications by plan administrator.--In the case of an administrator of an employee benefit plan, within 5 business days after the administrator first has reason to believe (or after the administrator is notified under paragraph (2)) that an irregularity may have occurred with respect to the plan, the administrator shall-- ``(A) notify the Secretary of the irregularity in writing; and ``(B) furnish a copy of such notification to the accountant who is currently engaged under section 103(a)(3)(A). ``(2) Notifications by accountant.-- ``(A) In general.--In the case of an accountant engaged by the administrator of an employee benefit plan under section 103(a)(3)(A), within 5 business days after the accountant first has reason to believe in connection with such engagement that an irregularity may have occurred with respect to the plan, the accountant shall-- ``(i) notify the plan administrator of the irregularity in writing, or ``(ii) if the accountant has reason to believe that the irregularity may have involved an individual who is the plan administrator or who is a senior official of the plan administrator, notify the Secretary of the irregularity in writing. ``(B) Notification upon failure of plan administator to notify.--In any case in which an accountant who has provided notification to the plan administrator pursuant to subparagraph (A)(i) with respect to any irregularity has not received a copy of the administrator's notification to the Secretary with respect to such irregularity within the 5-business-day period specified under paragraph (1)(B), the accountant shall furnish to the Secretary a copy of the accountant's notification made to the plan administrator within the next business day following such 5-business-day period. ``(3) Irregularity defined.--For purposes of this subsection, the term `irregularity' means an indication of-- ``(A) theft, embezzlement, or a violation of section 664 of title 18, United States Code (relating to theft or embezzlement from employee benefit plan), ``(B) extortion or a violation of section 1951 of such title 18 (relating to interference with commerce by threats or violence), ``(C) bribery, a kickback, or a violation of section 1954 of such title 18 (relating to offer, acceptance, or solicitation to influence operations of employee benefit plan), ``(D) a violation of section 411, 501, or 511 of this title (relating to criminal violations), or ``(E) any intentional misstatement or omission of an amount or disclosure in a financial statement, accounting record, or supporting document undertaken to mislead, except that such term shall not include any act or omission described in this paragraph involving less than $1,000 unless there is reason to believe that the act or omission may bear on the integrity of plan management. ``(b) Notification Upon Termination of Engagement of Accountant.-- ``(1) Notification by plan administrator.--Within 5 business days after the termination of an engagement for auditing services under section 103(a)(3)(A) with respect to an employee benefit plan, the administrator of such plan shall-- ``(A) notify the Secretary in writing of such termination, giving the reasons for such termination, and ``(B) furnish the accountant whose engagement was terminated with a copy of the notification sent to the Secretary. ``(2) Notification by accountant.--If the accountant referred to in paragraph (1)(B) has not received a copy of the administrator's notification to the Secretary as required under paragraph (1)(B), or if the accountant disagrees with the reasons given in the notification of termination of the engagement for auditing services, the accountant shall notify the Secretary in writing of the termination, giving the reasons for the termination, within 10 business days after the termination of the engagement. ``(c) Determination of Periods Required for Notification.--In determining whether a notification required under this section with respect to any act or omission has been made within the required number of business days-- ``(1) the day on which such act or omission begins shall not be included; and ``(2) Saturdays, Sundays, and legal holidays shall not be included. For purposes of this subsection, the term `legal holidays' means the Federal legal holidays of New Year's Day, Birthday of Martin Luther King, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States, or by the State in which the person responsible for making the notification principally conducts his business. ``(d) Immunity for Good Faith Notification.--Except as provided in this Act, no accountant shall be liable to any person for any finding, conclusion, or statement made in any notification made pursuant to subsections (a)(2) or (b)(2), or pursuant to any regulations issued thereunder, if such finding, conclusion, or statement is made in good faith.''. (b) Civil Penalty.-- (1) In general.--Section 502(c) of such Act (29 U.S.C. 1132(c)) is amended by adding at the end the following new paragraph: ``(5) The Secretary may assess a civil penalty of up to $100,000 against any administrator and against any accountant who fails to provide the Secretary with any notification as required under section 111.''. (2) Conforming amendment.--Section 502(a)(6) of such Act (29 U.S.C. 1132(a)(6)) is amended by striking ``subsection (c)(2) or (i) or (l)'' and inserting ``paragraph (2), (3), (4), or (5) of subsection (c) or subsection (i) or (l)''. (c) Clerical Amendments.-- (1) Section 514(d) of such Act (29 U.S.C. 1144(d)) is amended by striking ``111'' and inserting ``112''. (2) The table of contents in section 1 of such Act is amended by striking the item relating to section 111 and inserting the following new items: ``Sec. 111. Direct reporting of certain events. ``Sec. 112. Repeal and effective date.''. (d) Effective Date.--The amendments made by this section shall apply with respect to any irregularity described in such amendments only if the 5-day-period described in such amendments in connection with such irregularity commences on or after the date of the enactment of this Act.

ERISA Audit Improvement Act of 1994 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise provisions relating to auditing of employee benefit plans. Eliminates provisions which allow certain limited scope audits by banks, similar institutions, or insurance carriers to fulfill the requirement for an audit by an independent public accountant as part of an employee benefit plan's annual report. Requires external quality control review of qualified public accountants for such ERISA audits. Requires notifications of certain events by plan administrators and accountants. Authorizes assessment of a civil penalty against any plan administrator or accountant who fails to provide the Secretary of Labor with any such required notification.

ERISA Audit Improvement Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Opioid and Heroin Abuse Crisis Investment Act of 2016''. SEC. 2. FUNDING FOR OPIOID AND HEROIN ABUSE PREVENTION AND TREATMENT. (a) Funding.--There are authorized to be appropriated, and are appropriated, out of monies in the Treasury not otherwise obligated, $1,164,600,000 for the period of fiscal years 2017 and 2018, to improve opioid prescribing practices and expand access to substance use treatment and to reduce opioid use disorders and overdose, to be made available in accordance with this Act and the amendments made by this Act. (b) State Targeted Response Cooperative Agreements.--Subpart 1 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.) is amended by inserting after section 509 the following: ``SEC. 510. STATE TARGETED RESPONSE COOPERATIVE AGREEMENTS. ``(a) In General.--The Secretary shall enter into additional targeted response cooperative agreements with States under this title to expand opioid treatment capacity and make services more affordable to those who cannot afford such services. ``(b) Awarding of Funding.--The Secretary shall allocate funding to States under this section based on-- ``(1) the severity of the opioid epidemic in the State; and ``(2) the strength of the strategy of the State to respond to such epidemic. ``(c) Use of Funds.--Amounts received by a State under this section shall be used to expand treatment capacity and make services more affordable to those who cannot afford such services and to help individuals seek treatment, successfully complete treatment, and sustain recovery. ``(d) Funding.--From amounts appropriated under section 2(a) of the Opioid and Heroin Abuse Crisis Investment Act, $465,000,000 is available to carry out this section for each of fiscal years 2017 and 2018.''. (c) Treatment for Prescription Drug Abuse and Heroin Use.--Section 331(b) of the Public Health Service Act (42 U.S.C. 254d(b)) is amended by adding at the end the following: ``(3)(A) The Secretary shall use amounts made available under subparagraph (B) to support enhanced loan repayment awards to increase the number of clinicians in the Corps with medication-assisted treatment training to treat individuals with opioid use disorders through loan repayments to clinicians. ``(B) From amounts appropriated under section 2(a) of the Opioid and Heroin Abuse Crisis Investment Act, $25,000,000 is available to carry out this paragraph for each of fiscal years 2017 and 2018.''. (d) Evaluation of Medication-Assisted Treatment.--Subpart 1 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.) is amended by inserting after section 510, as added by subsection (b), the following: ``SEC. 511. EVALUATION OF MEDICATION-ASSISTED TREATMENT. ``(a) In General.--In order to assess the treatment outcomes of patients with opioid addiction receiving medication-assisted treatment, the Secretary shall evaluate the short-, medium-, and long-term outcomes of such substance abuse treatment programs in order to increase effectiveness in reducing opioid use disorders, overdose, and death. ``(b) Funding.--From amounts appropriated under section 2(a) of the Opioid and Heroin Abuse Crisis Investment Act, $15,000,000 is available to carry out this section for each of fiscal years 2017 and 2018.''. (e) Medication-Assisted Treatment for Prescription Drug and Opioid Addiction.--Section 509 of the Public Health Service Act (42 U.S.C. 290bb-2) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e), the following: ``(f) Medication-Assisted Treatment for Prescription Drug and Opioid Addiction.-- ``(1) In general.--In carrying out this section, the Secretary shall use amounts made available under paragraph (3) to award grants to States to expand or enhance medication- assisted treatment utilizing medications approved by the Food and Drug Administration in combination with psychosocial services, recovery support services, and coordination with HIV or hepatitis C direct services. ``(2) Funding.--From amounts appropriated under section 2(a) of the Opioid and Heroin Abuse Crisis Investment Act, $50,100,000 is available to carry out this subsection for fiscal year 2017.''. (f) Dissemination of Guidelines for Preventing Prescription Drug Overdose.--Section 317 of the Public Health Service Act (42 U.S.C. 247b) is amended by adding at the end the following: ``(n) Dissemination of Guidelines for Preventing Prescription Drug Overdose.-- ``(1) In general.--The Director of the Centers for Disease Control and Prevention shall disseminate guidelines to improve opioid prescribing practices to reduce opioid use disorders and overdose. ``(2) Use of funds.--In carrying out this subsection, the Director of the Centers for Disease Control and Prevention shall use amounts made available under paragraph (3) to-- ``(A) pilot test, evaluate, and adapt comprehensive tools and dissemination strategies to convey opioid prescribing guidelines of the Centers for Disease Control and Prevention in succinct, usable formats accessible to health care providers; ``(B) develop, evaluate, and publicly disseminate clinical decision support tools derived from the opioid prescribing guidelines of the Centers for Disease Control and Prevention; ``(C) establish training modules in partnership with professional societies and health systems, including online modules available for continuing medical education credits and maintenance of certification; and ``(D) coordinate with Office of the National Coordinator for Health Information Technology to ensure that guidelines developed under this subsection are effectively disseminated and translated into clinical support tools for integration into clinical workflow. ``(3) Funding.--From amounts appropriated under section 2(a) of the Opioid and Heroin Abuse Crisis Investment Act, $10,000,000 is available to carry out this subsection for fiscal year 2017.''. (g) Rural Opioid Overdose Reversal Grant Program.--Section 330A of the Public Health Service Act (42 U.S.C. 254c) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i), the following: ``(j) Rural Opioid Overdose Reversal Grant Program.-- ``(1) In general.--The Director may award grants to eligible entities to implement activities for the prevention, intervention, and treatment of opioid misuse and overdose. ``(2) Eligibility.--To be eligible to receive a grant under this subsection, an entity-- ``(A) shall be a rural public or rural nonprofit private entity; and ``(B) shall represent a network composed of participants-- ``(i) that include 3 or more health care providers; and ``(ii) that may be nonprofit or for-profit entities. ``(3) Use of funds.--Amounts awarded under a grant under this subsection shall be used-- ``(A) to provide opioid misuse education and prevention services; ``(B) to provide training to licensed health care professionals and first responders in the recognition of the signs of opioid overdose and learn the appropriate way to administer naloxone; ``(C) to provide appropriate transportation services to a hospital or clinic for continued care after administration; ``(D) to refer those individuals with a drug dependency to an appropriate substance use disorder treatment centers where care coordination is provided by a team of providers; and ``(E) to purchase naloxone and opioid overdose reversal devices. ``(4) Funding.--From amounts appropriated under section 2(a) of the Opioid and Heroin Abuse Crisis Investment Act, $10,000,000 is available to carry out this subsection for fiscal year 2017.''. (h) Prescription Drug Overdose Initiative.--Section 3001(c) of the Public Health Service Act (42 U.S.C. 300jj-11(c)) is amended by adding at the end the following: ``(9) Prescription drug overdose initiative.-- ``(A) In general.--The Secretary, acting through the National Coordinator, shall use amounts made available under subparagraph (B) to expand efforts to harmonize technical standards to support prescription drug monitoring programs and health information technology interoperability. ``(B) Funding.--From amounts appropriated under section 2(a) of the Opioid and Heroin Abuse Crisis Investment Act, $5,000,000 is available to carry out this paragraph for fiscal year 2017.''. (i) Bureau of Prisons Treatment Programs.--Section 4042 of title 18, United States Code, is amended by adding at the end the following: ``(e) Treatment Programs.-- ``(1) In general.--The Director of the Bureau of Prisons shall use amounts made available under paragraph (2) to support drug treatment programs within the Bureau of Prisons, including expanding the medication-assisted treatment pilot. ``(2) Funding.--From amounts appropriated under section 2(a) of the Opioid and Heroin Abuse Crisis Investment Act, $3,000,000 is available to carry out this subsection for fiscal year 2017.''. (j) Second Chance Act of 2007.--Section 201 of the Second Chance Act of 2007 (42 U.S.C. 17521) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e), the following: ``(f) Community Reintegration.-- ``(1) In general.--The Attorney General shall use amounts made available under paragraph (2) to carry out activities to reduce recidivism and increase public safety by helping justice-involved individuals successfully reintegrate into the community, including by carrying out activities including providing treatment for co-occurring disorders and providing family-based substance abuse treatment. ``(2) Funding.--From amounts appropriated under section 2(a) of the Opioid and Heroin Abuse Crisis Investment Act, $50,000,000 is available to carry out this subsection for fiscal year 2017.''. (k) Residential Substance Abuse Treatment.--Section 503 of the Controlled Substances Act (21 U.S.C. 873) is amended by adding at the end the following: ``(e)(1) In carrying out this section, the Attorney General may use amounts made available under paragraph (2) to provide support for State, local, and tribal governments in the development of residential and aftercare services for substance-involved inmates. ``(2) From amounts appropriated under section 2(a) of the Opioid and Heroin Abuse Crisis Investment Act, $14,000,000 is available to carry out this section for fiscal year 2017.''. (l) Heroin Enforcement Groups.--Part E of the Controlled Substances Act (21 U.S.C. 871 et seq.) is amended by adding at the end the following: ``SEC. 521. HEROIN ENFORCEMENT GROUPS. ``(a) In General.--The Attorney General shall use amounts made available under subsection (b) to establish new heroin enforcement groups within the Drug Enforcement Administration to target, disrupt, and dismantle heroin trafficking organizations. ``(b) Funding.--From amounts appropriated under section 2(a) of the Opioid and Heroin Abuse Crisis Investment Act, $12,500,000 is available to carry out this section for fiscal year 2017.''. (m) Emergency Designation.--The amounts made available by this Act are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).

Opioid and Heroin Abuse Crisis Investment Act of 2016 This bill appropriates funding for the activities in the bill. This bill amends the Public Health Service Act to require the Department of Health and Human Services to enter into cooperative agreements with states to expand opioid treatment capacity, make services more affordable to those who cannot afford them, and help individuals seek treatment, successfully complete treatment, and sustain recovery. (Opioids are drugs with effects similar to opium, such as heroin and certain pain medications.) Funding must be allocated to states based on the severity of the opioid epidemic in the state and the strength of the state's strategy to respond. The Office of the National Coordinator for Health Information Technology must expand efforts to support prescription drug monitoring programs and health information technology interoperability. The Bureau of Prisons must support drug treatment programs. The bill amends the Second Chance Act to require the Department of Justice (DOJ) to help justice-involved individuals successfully reintegrate into the community. The bill amends the Controlled Substances Act to permit DOJ to support the development of residential and aftercare services for substance-involved inmates. DOJ must establish new heroin enforcement groups within the Drug Enforcement Administration to target, disrupt, and dismantle heroin trafficking organizations.

Opioid and Heroin Abuse Crisis Investment Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Abandoned Mine Land Reclamation Reform Act of 2004''. SEC. 2. AMENDMENTS TO SURFACE MINING ACT. (a) Amendments to Section 401.--(1) Section 401 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231) is amended as follows: (A) In subsection (c) by striking paragraphs (2) and (6) and redesignating paragraphs (3) through (13) in order as paragraphs (2) through (11). (B) In subsection (e)-- (i) in the second sentence, by striking ``the needs of such fund'' and inserting ``achieving the purposes of the transfers under section 402(h)''; and (ii) in the third sentence, by inserting before the period the following: ``for the purpose of the transfers under section 402(h)''. (2) Section 712(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1302(b)) is amended by striking ``section 401(c)(11)'' and inserting ``section 401(c)(9)''. (b) Amendments to Section 402.--Section 402 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232) is amended as follows: (1) In subsection (a)-- (A) by striking ``35'' and inserting ``28''; (B) by striking ``15'' and inserting ``12''; and (C) by striking ``10 cents'' and inserting ``8 cents''. (2) In subsection (b) by striking ``2004'' and all that follows through the end of the sentence and inserting ``2019.''. (3) In subsection (g)(1)(D) by striking ``in any area under paragraph (2), (3), (4), or (5)'' and inserting ``under paragraph (5)''. (4) Subsection (g)(2) is amended to read as follows: ``(2) In making the grants referred to in paragraph (1)(C) and the grants referred to in paragraph (5), the Secretary shall ensure strict compliance by the States and Indian tribes with the priorities set forth in section 403(a) until a certification is made under section 411(a).''. (5) In subsection (g)(3)-- (A) in the matter preceding subparagraph (A) by striking ``paragraphs (2) and'' and inserting ``paragraph''; (B) in subparagraph (A) by striking ``401(c)(11)'' and inserting ``401(c)(9)''; and (C) by adding at the end the following: ``(E) For the purpose of paragraph (8).''. (6) In subsection (g)(5)-- (A) by inserting ``(A)'' before the first sentence; (B) in the first sentence by striking ``40'' and inserting ``60''; (C) in the last sentence by striking ``Funds allocated or expended by the Secretary under paragraphs (2), (3), or (4),'' and inserting ``Funds made available under paragraph (3) or (4)''; and (D) by adding at the end the following: ``(B) Any amount that is reallocated and available under section 411(h)(3) shall be in addition to amounts that are allocated under subparagraph (A).''. (7) Subsection (g)(6) is amended to read as follows: ``(6)(A) Any State with an approved abandoned mine reclamation program pursuant to section 405 may receive and retain, without regard to the 3-year limitation referred to in paragraph (1)(D), up to 10 percent of the total of the grants made annually to such State under paragraphs (1) and (5) if such amounts are deposited into an acid mine drainage abatement and treatment fund established under State law, from which amounts (together with all interest earned on such amounts) are expended by the State for the abatement of the causes and the treatment of the effects of acid mine drainage in a comprehensive manner within qualified hydrologic units affected by coal mining practices. ``(B) For the purposes of this paragraph, the term `qualified hydrologic unit' means a hydrologic unit-- ``(i) in which the water quality has been significantly affected by acid mine drainage from coal mining practices in a manner that adversely impacts biological resources; and ``(ii) that contains lands and waters that are-- ``(I) eligible pursuant to section 404 and include any of the priorities set forth in section 403(a); and ``(II) the subject of expenditures by the State from the forfeiture of bonds required under section 509 or from other States sources to abate and treat acid mine drainage.''. (8) Subsection (g)(7) is amended to read as follows: ``(7) In complying with the priorities set forth in section 403(a), any State or Indian tribe may use amounts available in grants made annually to such State or tribe under paragraphs (1) and (5) for the reclamation of eligible lands and waters set forth in section 403(a)(3) prior to the completion of reclamation projects under paragraphs (1) and (2) of section 403(a) only if the expenditure of funds for such reclamation is done in conjunction with the expenditure of funds for reclamation projects under paragraphs (1) and (2) of section 403(a).''. (9) Subsection (g)(8) is amended to read as follows: ``(8) In making the grants referred to in paragraph (1)(C), the Secretary, using amounts allocated to a State or Indian tribe under subparagraphs (A) or (B) of paragraph (1) or as necessary amounts available to the Secretary under paragraph (3), shall assure total grant awards of not less than $2,000,000 annually to each State and each Indian tribe. Notwithstanding any other provision of law, this paragraph applies to the State of Tennessee.''. (10) Subsection (h) is amended to read as follows: ``(h) In General.--(1) In the case of any fiscal year beginning on or after October 1, 2004, the Secretary shall, as of the beginning of such fiscal year and before any allocation under subsection (g), make the transfers provided in paragraph (2). ``(2) Amount.--The Secretary shall transfer to the United Mine Workers of America Combined Benefit Fund, to the United Mine Workers of America 1992 Benefit Plan, and to the multiemployer health benefit plan established after July 20, 1992, by the parties that are the settlors of the 1992 Plan, for any fiscal year from the interest which the Secretary estimates will be earned and paid to the fund during the fiscal year an amount equal to the sum of-- ``(A) the amount described in paragraph 3(A); ``(B) the amount described in paragraph 3(B); plus ``(C) the amount described in paragraph 3(C). ``(3) Limitation.--The aggregate amount which may be transferred under paragraph (2) for any fiscal year shall not exceed-- ``(A) the amount which the trustees of the Combined Fund estimate will be expended from the premium accounts maintained by such Fund for the fiscal year of the Combined Fund in which the transfer is made, less the amount which the trustees estimate the Combined Fund will receive during such fiscal year in required health benefit premiums; plus ``(B) the amount which the trustees of the 1992 Plan estimate will be expended from the 1992 Plan during the next calendar year to provide the benefits required by such Plan on the date of enactment of this Act, less the amount which the trustees estimate the 1992 Plan will receive during such calendar year in required monthly per beneficiary premiums, including the amount of any security provided to the 1992 Plan which is available for use in the provision of benefits; plus ``(C) the amount which the trustees of the multiemployer health benefit plan established after July 20, 1992, by the parties that are the settlors of the 1992 Plan estimate will be expended from such plan during the next calendar year, to provide benefits no greater than those provided by such plan on the date of enactment of this subparagraph, less the amount of income which such trustees estimate such plan will receive during such calendar year. ``(4) Adjustment.--If, for any fiscal year, the amount transferred to the Combined Fund, or the 1992 Plan, or to the plan described in paragraph (3)(C) is more or less than the amount required to be transferred, the Secretary shall appropriately adjust the amount transferred for the next fiscal year. ``(5)(A) The Secretary may make a transfer under subparagraphs (B) and (C) of paragraph (2) for a fiscal year only if the Secretary determines, using actuarial projections provided by the trustees of the Combined Fund, that amounts will be available under paragraph (1), after such transfer, for the next fiscal year for making the transfer under paragraph (2)(A). ``(B) A transfer under paragraph (2)(C) shall not be made unless the entities that are obligated to contribute to the plan described in paragraph 3(C) on the date of the transfer are obligated to make such contributions at rates that are no less than those in effect on the date of enactment of this paragraph.''. (c) Amendments to Section 403.--Section 403 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233) is amended as follows: (1) In subsection (a)-- (A) in paragraph (1), by striking ``general welfare,''; (B) in paragraph (2), by striking ``health, safety, and general welfare'' and inserting ``health and safety'', and inserting ``and'' after the semicolon at the end; (C) in paragraph (3), by striking the semicolon at the end and inserting a period; and (D) by striking paragraphs (4) and (5). (2) In subsection (b)-- (A) by striking the heading and inserting ``Water Supply Restoration.--''; and (B) in paragraph (1) by striking ``up to 30 percent of the''. (3) In subsection (c), by inserting ``, subject to the approval of the Secretary,'' after ``amendments''. (d) Amendment to Section 406.--Section 406(h) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1236(h)) is amended by striking ``Soil Conservation Service'' and inserting ``Natural Resources Conservation Service''. (e) Further Amendment to Section 406.--Section 406 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1236) is amended by adding at the end the following: ``(i) There is authorized to be appropriated to the Secretary of Agriculture, from amounts in the Treasury other than amounts in the fund, such sums as may be necessary to carry out this section.''. (f) Amendment to Section 408.--Section 408(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1238(a)), is amended by striking ``who owned the surface prior to May 2, 1977, and''. (g) Amendments to Section 411.--Section 411 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a) is amended as follows: (1) In subsection (a), by inserting ``(1)'' before the first sentence, and by adding at the end the following: ``(2) The Secretary may, on the Secretary's own volition, make the certification referred to in paragraph (1) on behalf of any State or Indian tribe referred to in paragraph (1) if on the basis of the inventory referred to in section 403(c) all reclamation projects relating to the priorities set forth in section 403(a) for eligible lands and water pursuant to section 404 in such State or tribe have been completed. The Secretary shall only make such certification after notice in the Federal Register and opportunity for public comment.''. (2) By adding at the end the following: ``(h) State Share for Certain Certified States.--(1)(A) From moneys referred to in subsection (a) of section 35 of the Mineral Leasing Act (30 U.S.C. 191(a)) that are paid into the Treasury after the date of the enactment of this subsection and that are not paid to States under section 35 of the Mineral Leasing Act or reserved as part of the reclamation fund under such section, the Secretary shall pay to each qualified State, on a proportional basis, an amount equal to the sum of the aggregate unappropriated amount allocated to such qualified State under section 402(g)(1)(A). ``(B) In this paragraph, the term `qualified State' means a State for which a certification is made under subsection (a) and in which there are public domain lands available for leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.). ``(2) Payments to States under this subsection shall be made, without regard to any limitation in section 401(d), in the same manner as if paid under section 35 of the Mineral Leasing Act (30 U.S.C. 191) and concurrently with payments to States under that section. ``(3) The amount allocated to any State under section 402(g)(1)(A) that is paid to such State as a result of a payment under paragraph (1) of this subsection shall be reallocated and available for grants under section 402(g)(5).''. (h) Extension of Limitation on Application of Prohibition on Issuance of Permit.--Section 510(e) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1260(e)) is amended by striking ``2004'' and inserting ``2019''. SEC. 3. PROVISIONS RELATING TO THE IMPLEMENTATION OF THIS TITLE. (a) Transition Rules.--(1) Amounts allocated under section 402(g)(2) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(g)(2)) (excluding interest) prior to the date of enactment of this Act for the program set forth under section 406 of that Act (30 U.S.C. 1236), but not appropriated prior to such date, shall be available in fiscal year 2004 and thereafter for the transfers referred to in section 402(h) of such Act (30 U.S.C. 1232(h)), as amended by this Act, in the same manner as are other amounts available for such transfers. (2) Notwithstanding any other provision of law, interest credited to the fund established by section 401 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231) that is not transferred to the Combined Benefit Fund referred to in section 402(h) of such Act (30 U.S.C. 1232(h)), as amended by this Act, prior to the date of enactment of this Act shall be available in fiscal year 2004 and thereafter for transfer to the Combined Fund, and shall be used, notwithstanding any other provision of law, to pay the amount of any deficit in net assets in the Combined Fund. (b) Inventory.--Within 1 year after the date of enactment of this Act, the Secretary of the Interior shall complete a review of all additions made, pursuant to amendments offered by States and Indian tribes after December 31, 1998, to the inventory referred to in section 403(c) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(c)) to ensure that such additions reflect eligible lands and waters pursuant to section 404 of such Act (30 U.S.C. 1234) that meet the priorities set forth in paragraphs (1) and (2) of section 403(a) of such Act (30 U.S.C. 1233(a)), and are correctly identified pursuant to such priorities. Any lands or waters that were included in the inventory pursuant to the general welfare standard set forth in section 403(a) of such Act (30 U.S.C. 1233(a)) before the date of enactment of this Act that are determined in the review to no longer meet the criteria set forth in paragraphs (1) and (2) of section 403(a) of such Act, as amended by this Act, shall be removed from the inventory.

Abandoned Mine Land Reclamation Reform Act of 2004 - Amends the Surface Mining Control and Reclamation Act of 1977 to repeal the authorization for use of certain moneys in the Abandoned Mine Reclamation Fund: (1) by the Secretary of Agriculture for reclamation of rural lands; and (2) by the Department of the Interior for certain studies, research, and demonstration projects. Reduces the reclamation fee required to be paid by operators of coal mining operations. Extends the authority to collect such fee to 2019. Revises Fund allocation requirements with respect to reclamation fees. Directs the Secretary of Agriculture to transfer specified sums to: (1) the United Mine Workers of America Combined Benefit Fund; (2) the United Mine Workers of America 1992 Benefit Plan; and (3) a certain multiemployer health benefit plan established after July 20, 1992, by the parties that are the settlors of the 1992 Plan. Repeals Fund objectives concerning: (1) protection , construction, or enhancement of public facilities such as utilities, roads, recreation and conservation facilities adversely affected by coal mining practices; and (2) the development of publicly owned land adversely affected by coal mining practices including land acquired as provided in this subchapter for recreation and historic purposes, conservation, and reclamation purposes and open space benefits. States that no lien shall be filed against any person who neither consented to, nor participated in nor exercised control over the mining operation which necessitated reclamation. Repeals the limitation of such prohibition to persons who owned the surface before May 2, 1977. Expands certification guidelines to prescribe payments to: (1) qualified States and Indian tribes; and (2) non-qualified States and Indian tribes.

A bill to amend the Surface Mining Control and Reclamation Act of 1977 to reauthorize and reform the Abandoned Mine Reclamation Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Port Terrorism Prevention Act of 2002''. SEC. 2. MANIFEST DISCREPANCIES. Section 431(b) of the Tariff Act of 1930 (19 U.S.C. 1431(b)) is amended-- (1) by striking ``(b) Production of Manifest.--Any'' and inserting the following: ``(b) Production of Manifest.-- ``(1) Requirement.--Any''; and (2) by striking ``If any irregularity of omission'' and all that follows through the end period and inserting the following: ``(2) Discrepancies.--Notwithstanding any other provision of law, if any shortages or overages of merchandise with respect to any manifest are not reported to the Customs Service at the time a vessel makes formal entry under section 434 or at the time a vehicle or aircraft presents or transmits documentation under section 433(d), the owner or operator of the vessel, aircraft, or vehicle, or any party responsible for such shortages or overages shall be liable for any fine or penalty prescribed by law with respect to such discrepancy. The Customs Service may take appropriate action against any party responsible for not correcting such discrepancy. The Secretary of the Treasury shall not permit any vessel master or agent, any person in charge of a vehicle, or any airline pilot to report shortages or overages at any time that is inconsistent with the provision of this paragraph.''. SEC. 3. SPECIFIC DESIGNATION OF MERCHANDISE. (a) Regulations.--Section 431(d)(1) of the Tariff Act of 1930 (19 U.S.C. 1431(d)(1)) is amended-- (1) by striking ``and'' at the end of in subparagraph (C); (2) in subparagraph (D) by striking the end period and inserting a semicolon and ``and''; and (3) by adding at the end the following: ``(E) prohibit the use of certain descriptions of merchandise, including `freight of all kinds', `hazardous not otherwise specified', and `said to contain', or any other description that does not provide adequate information regarding the merchandise on any manifest required by the Customs Service.''. (b) Automated Manifest System.--Not later than 12 months after the date of enactment of this Act, the Commissioner of Customs shall develop software to carry out the automated manifest system that will reject merchandise descriptions prohibited by section 431(d)(1)(E) of the Tariff Act of 1930 (19 U.S.C. 1431(d)(1)(E)). SEC. 4. PENALTIES FOR INACCURATE MANIFEST. Section 436(b) of the Tariff Act of 1930 (19 U.S.C. 1436(b)) is amended-- (1) by striking ``$5,000'' and inserting ``$10,000''; and (2) by striking ``and $10,000'' and inserting ``$15,000 for the second violation, and $20,000''. SEC. 5. STUDY AND REPORT ON AUTOMATED REVIEW SYSTEMS. (a) Study and Report.-- (1) Requirement.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury shall conduct a study of the issues set forth in paragraph (2) and submit a report to Congress setting forth the results of the study and any recommendations to implement the conclusions of the study. (2) Issues to be studied.--The issues to be studied pursuant to paragraph (1) are-- (A) the manner in which data from manifests and bills of lading are submitted to the Customs Service; (B) an assessment of the accuracy of such data; (C) the effectiveness of the automated sufficiency programs; (D) the advisability of modifying the process for collecting data to be used in the automated reviews; and (E) the ability to improve the data collection system. (b) Authorization of Appropriation.--There is authorized to be appropriated $500,000 to carry out the study and prepare the report required by this section. SEC. 6. MANUAL INSPECTION. (a) Increased Manual Inspection.-- (1) Requirement.--The Customs Service shall increase the number of manual inspections of merchandise carried on vessels required to make entry under section 434 of the Tariff Act of 1930 (19 U.S.C. 1434) with a view toward manually inspecting 10 percent of all such merchandise. (2) Additional personnel.--The Secretary of the Treasury shall employ a sufficient number of new Customs Officers to perform the increased number of manual inspections described in paragraph (1). (b) Authorization of Appropriation.--There is authorized to be appropriated $150,000,000 for fiscal year 2003 to be available for the procurement of at least 100 mobile scanning devices to assist in increasing the number of manual inspections described in subsection (a)(1). SEC. 7. RESEARCH AND DEVELOPMENT GRANTS. (a) Grants Authorized.--The Secretary of the Treasury is authorized to award grants to eligible entities to research and develop technologies that can be used to secure the ports of the United States. (b) Use of Funds.--Grants awarded pursuant to subsection (a) may be used to develop technologies such as-- (1) methods to increase the ability of the Customs Service to inspect merchandise carried on any vessel that will arrive or has arrived at any port or place in the United States; (2) equipment that accurately detects explosives, or chemical and biological agents that could be used to commit terrorist acts in the United States, including-- (A) field-portable and hand-held Raman Lidar systems for standoff identification of suspected chemical or biological agents; and (B) hand-held mass spectrometers for detection of gaseous agents; (3) equipment that accurately detects nuclear materials, including-- (A) hand-held gamma-ray detectors that utilize cadmium zinc telluride crystals capable of detailed spectral analysis; (B) large-area, position-sensitive neutron detectors that utilize He-3 chambers to provide imaging capability; (C) large-area, gamma-ray detection equipment that utilizes tubes containing compressed xenon; and (D) scintillation-based detection equipment capable of attachment to spreaders to signal the presence of nuclear materials during the unloading of containers; (4) improved tags and seals designed for use on shipping containers to track the transportation of the merchandise in such containers, including ``smart sensors'' that are able to track a container throughout its entire supply chain, detect hazardous and radioactive materials within that container, and transmit such information to the appropriate authorities at a remote location; (5) tools to mitigate the consequences of a terrorist act at a port of the United States, including a network of sensors to predict the dispersion of radiological, chemical, or biological agents that might be intentionally or accidentally released; and (6) pilot projects that could be implemented within 12 months at 1 of the Nation's 5 largest ports to demonstrate the effectiveness of a system of radiation detection monitors located throughout the port to detect nuclear or radiological material. (c) Application.--Each eligible entity desiring a grant under this section shall submit an application to the Secretary of the Treasury at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (d) Eligible Entity.--In this section, the term ``eligible entity'' means any national laboratory, nonprofit private organization, institution of higher education, or other entity that the Secretary of the Treasury determines is eligible to receive a grant authorized by subsection (a). (e) Authorization of Appropriations.--There is authorized to be appropriated $50,000,000 for each of the fiscal years 2003 through 2007 to carry out the provisions of this section.

Port Terrorism Prevention Act of 2002 - Amends the Tariff Act of 1930 to revise the nature of the liability of vessel, aircraft, or vehicle owners or operators, or other responsible parties for manifest irregularities. Specifies unreported shortages or overages instead of irregularities as the causes of liability.Requires the Secretary of the Treasury to prohibit the use of certain descriptions of merchandise that do not provide adequate information regarding the merchandise on a required manifest.Directs the Commissioner of Customs to develop software to carry out the automated manifest system that will reject such prohibited merchandise descriptions.Doubles from $5,000 to $10,000 the civil penalties for inaccurate manifests, and raises from $10,000 to $15,000 the penalty for a second violation, and to $20,000 for each subsequent violation.Directs the Secretary to study and report to Congress on the effectiveness of automated systems for the review of manifest and bill of lading data.Requires the Customs Service to increase the number of manual inspections of merchandise carried on vessels required to make entry with a view toward manually inspecting ten percent of all such merchandise.Authorizes the Secretary to award grants to eligible entities to research and develop technologies that can be used to secure the ports of the United States.

A bill to increase security for United States ports, and for other purposes.

SECTION 1. PARKINSON'S DISEASE RESEARCH, EDUCATION, CLINICAL CENTERS, AND MULTIPLE SCLEROSIS CENTERS OF EXCELLENCE. (a) Requirement for Establishment of Centers.-- (1) In general.--Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 7329. Parkinson's disease research, education, and clinical centers and multiple sclerosis centers of excellence ``(a) Designation.--The Secretary, upon the recommendation of the Under Secretary for Health and pursuant to the provisions of this section, shall-- ``(1) designate-- ``(A) at least 6 Department health care facilities as the locations for centers of Parkinson's disease research, education, and clinical activities and (subject to the appropriation of sufficient funds for such purpose); and ``(B) at least 2 Department health care facilities as the locations for Multiple Sclerosis Centers of Excellence (subject to the appropriation of sufficient funds for such purpose); and ``(2) establish and operate such centers at such locations in accordance with this section. ``(b) Existing Facilities; Geographic Distribution.--In designating locations for centers under subsection (a), the Secretary, upon the recommendation of the Under Secretary for Health, shall-- ``(1) designate each Department health care facility that, as of January 1, 2005, was operating a Parkinson's Disease Research, Education, and Clinical Center or a Multiple Sclerosis Center of Excellence unless the Secretary, on the recommendation of the Under Secretary for Health, determines that such facility-- ``(A) does not meet the requirements of subsection (c); ``(B) has not demonstrated effectiveness in carrying out the established purposes of such center; or ``(C) has not demonstrated the potential to carry out such purposes effectively in the reasonably foreseeable future; and ``(2) assure appropriate geographic distribution of such facilities. ``(c) Minimum Requirements.--The Secretary may not designate a health care facility as a location for a center under subsection (a) unless-- ``(1) the peer review panel established under subsection (d) determines that the proposal submitted by such facility is among those proposals which meet the highest competitive standards of scientific and clinical merit; and ``(2) the Secretary, upon the recommendation of the Under Secretary for Health, determines that the facility has (or may reasonably be anticipated to develop)-- ``(A) an arrangement with an accredited medical school which provides education and training in neurology and with which such facility is affiliated under which residents receive education and training in innovative diagnosis and treatment of chronic neurodegenerative diseases and movement disorders, including Parkinson's disease, or in the case of Multiple Sclerosis Centers, multiple sclerosis disease; ``(B) the ability to attract the participation of scientists who are capable of ingenuity and creativity in health-care research efforts; ``(C) a policymaking advisory committee composed of consumers and appropriate health care and research representatives of the facility and of the affiliated school or schools to advise the directors of such facility and such center on policy matters pertaining to the activities of such center during the period of the operation of such center; ``(D) the capability to conduct effectively evaluations of the activities of such center; ``(E) the capability to coordinate, as part of an integrated national system, education, clinical, and research activities within all facilities with such centers; ``(F) the capability to jointly develop a consortium of providers with interest in treating neurodegenerative diseases, including Parkinson's disease, and other movement disorders, or multiple sclerosis in the case of Multiple Sclerosis Centers, at facilities without such centers in order to ensure better access to state of the art diagnosis, care, and education for neurodegenerative disorders, or in the case of Multiple Sclerosis Centers, autoimmune disease affecting the central nervous system throughout the health care system; and ``(G) the capability to develop a national repository in the health care system for the collection of data on health services delivered to veterans seeking care for neurodegenerative diseases, including Parkinson's disease, and other movement disorders, or in the case of Multiple Sclerosis Centers, autoimmune disease affecting the central nervous system. ``(d) Panel.--(1) The Under Secretary for Health shall establish a panel to assess the scientific and clinical merit of proposals that are submitted to the Secretary for the establishment of new centers under this section. ``(2)(A) The membership of the panel shall consist of experts in neurodegenerative diseases, including Parkinson's disease and other movement disorders, and, in the case of Multiple Sclerosis Centers, experts in autoimmune disease affecting the central nervous system. ``(B) Members of the panel shall serve as consultants to the Department for a period of no longer than 2 years except in the case of panelists asked to serve on the initial panel as specified in subparagraph (C). ``(C) In order to ensure panel continuity, half of the members of the first panel shall be appointed for a period of 3 years and half for a period of 2 years. ``(3) The panel shall review each proposal submitted to the panel by the Under Secretary and shall submit its views on the relative scientific and clinical merit of each such proposal to the Under Secretary. ``(4) The panel shall not be subject to the Federal Advisory Committee Act. ``(e) Adequate Funding.--Before providing funds for the operation of any such center at a health care facility other than a health care facility designated under subsection (b)(1), the Secretary shall ensure that-- ``(1) the Parkinson's disease center at each facility designated under subsection (b)(1) is receiving adequate funding to enable such center to function effectively in the areas of Parkinson's disease research, education, and clinical activities; and ``(2) in the case of a new Multiple Sclerosis Center, that existing centers are receiving adequate funding to enable such centers to function effectively in the areas of multiple sclerosis research, education, and clinical activities. ``(f) Authorization of Appropriations.--(1) There are authorized to be appropriated such sums as may be necessary for the support of the research and education activities of the centers established under subsection (a). ``(2) The Under Secretary for Health shall allocate to such centers from other funds appropriated generally for the Department medical services account and medical and prosthetics research account, as appropriate, such amounts as the Under Secretary for Health determines appropriate. ``(g) Funding Eligibility and Priority for Parkinson's Disease Research.--Activities of clinical and scientific investigation at each center established under subsection (a) for Parkinson's disease shall-- ``(1) be eligible to compete for the award of funding from funds appropriated for the Department medical and prosthetics research account; and ``(2) receive priority in the award of funding from such account to the extent funds are awarded to projects for research in Parkinson's disease and other movement disorders. ``(h) Funding Eligibility and Priority for Multiple Sclerosis Research.--Activities of clinical and scientific investigation at each center established under subsection (a) for multiple sclerosis shall-- ``(1) be eligible to compete for the award of funding from funds appropriated for the Department medical and prosthetics research account; and ``(2) receive priority in the award of funding from such account to the extent funds are awarded to projects for research in multiple sclerosis and other movement disorders.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 73 of title 38, United States Code, is amended by inserting after the item relating to section 7328 the following: ``Sec. 7329. Parkinson's disease research, education, and clinical centers and multiple sclerosis centers of excellence.''. (b) Effective Date.--Section 7329 of title 38, United States Code, as added by subsection (a), shall take effect on October 1, 2005.

Directs the Secretary of Veterans Affairs to designate, establish, and operate at selected Department of Veterans Affairs health-care facilities: (1) at least six centers for Parkinson's disease research, education, and clinical activities; and (2) at least two Multiple Sclerosis Centers of Excellence. Requires the Under Secretary for Health to: (1) assure appropriate geographical distribution of such facilities; and (2) establish a panel to assess the scientific and clinical merit of proposals submitted by a facility for the establishment of such a center.

A bill to amend title 38, United States Code, to provide for the establishment of Parkinson's Disease Research Education and Clinical Centers in the Veterans Health Administration of the Department of Veterans Affairs and Multiple Sclerosis Centers of Excellence.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Aviation MANPADS Defense Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) MANPADSs constitute a threat to military and civilian aircraft. (2) The threat posed by MANPADSs requires the development of both short-term and long-term plans. (3) The threat posed by MANPADSs requires an international as well as domestic response. (4) There should be an international effort to address the issues of MANPADSs proliferation and defense. (5) The Government is pursuing and should continue to pursue diplomatic efforts to prevent the proliferation of MANPADSs. SEC. 3. UNITED STATES POLICY ON NONPROLIFERATION AND EXPORT CONTROL. (a) To Limit Availability and Transfer of MANPADS.--The President shall pursue, on an urgent basis, further strong international diplomatic and cooperative efforts, including bilateral and multilateral treaties, in the appropriate forum to limit the availability, transfer, and proliferation of MANPADSs worldwide. (b) To Limit the Proliferation of MANPADS.--The President is encouraged to seek to enter into agreements with the governments of foreign countries that, at a minimum, would-- (1) prohibit the entry into force of a MANPADS manufacturing license agreement and MANPADS co-production agreement, other than the entry into force of a manufacturing license or co-production agreement with a country that is party to such an agreement; (2) prohibit, except pursuant to transfers between governments, the export of a MANPADS, including any component, part, accessory, or attachment thereof, without an individual validated license; and (3) prohibit the re-export or retransfer of a MANPADS, including any component, part, accessory, or attachment thereof, to a third person, organization, or government unless the written consent of the government that approved the original export or transfer is first obtained. (c) To Achieve Destruction of MANPADS.--The President should continue to pursue further strong international diplomatic and cooperative efforts, including bilateral and multilateral treaties, in the appropriate forum to assure the destruction of excess, obsolete, and illicit stocks of MANPADSs worldwide. (d) Reporting and Briefing Requirement.-- (1) President's report.--Not later than 180 days after the date of enactment of this Act, the President shall transmit to the appropriate congressional committees a report that contains a detailed description of the status of diplomatic efforts under subsections (a), (b), and (c) and of efforts by the appropriate United States agencies to comply with the recommendations of the General Accounting Office set forth in its report GAO-04-519, entitled ``Nonproliferation: Further Improvements Needed in U.S. Efforts to Counter Threats from Man-Portable Air Defense Systems''. (2) Annual briefings.--Annually after the date of submission of the report under paragraph (1) and until completion of the diplomatic and compliance efforts referred to in paragraph (1), the Secretary of State shall brief the appropriate congressional committees on the status of such efforts. SEC. 4. FAA AIRWORTHINESS CERTIFICATION OF MISSILE DEFENSE SYSTEMS FOR COMMERCIAL AIRCRAFT. (a) In General.--As soon as practicable, but not later than, the date of completion of Phase II of the Department of Homeland Security's counter-man-portable air defense system (MANPADS) development and demonstration program, the Administrator of the Federal Aviation Administration shall establish a process for conducting airworthiness and safety certification of missile defense systems for commercial aircraft certified as effective and functional by the Department of Homeland Security. The process shall require a certification by the Administrator that such systems can be safely integrated into aircraft systems and ensure airworthiness and aircraft system integrity. (b) Certification Acceptance.--Under the process, the Administrator shall accept the certification of the Department of Homeland Security that a missile defense system is effective and functional to defend commercial aircraft against MANPADSs. (c) Expeditious Certification.--Under the process, the Administrator shall expedite the airworthiness and safety certification of missile defense systems for commercial aircraft certified by the Department of Homeland Security. (d) Reports.--Not later than 90 days after the first airworthiness and safety certification for a missile defense system for commercial aircraft is issued by the Administrator, and annually thereafter until December 31, 2008, the Federal Aviation Administration shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that contains a detailed description of each airworthiness and safety certification issued for a missile defense system for commercial aircraft. SEC. 5. PROGRAMS TO REDUCE MANPADS. (a) In General.--The President is encouraged to pursue strong programs to reduce the number of MANPADSs worldwide so that fewer MANPADSs will be available for trade, proliferation, and sale. (b) Reporting and Briefing Requirements.--Not later than 180 days after the date of enactment of this Act, the President shall transmit to the appropriate congressional committees a report that contains a detailed description of the status of the programs being pursued under subsection (a). Annually thereafter until the programs are no longer needed, the Secretary of State shall brief the appropriate congressional committees on the status of programs. (c) Funding.--There is authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 6. MANPADS VULNERABILITY ASSESSMENTS REPORT. (a) In General.--Not later than one year after the date of enactment of this Act, the Secretary of Homeland Security shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the Department of Homeland Security's plans to secure airports and the aircraft arriving and departing from airports against MANPADSs attacks. (b) Matters to Be Addressed.--The Secretary's report shall address, at a minimum, the following: (1) The status of the Department's efforts to conduct MANPADSs vulnerability assessments at United States airports at which the Department is conducting assessments. (2) How intelligence is shared between the United States intelligence agencies and Federal, State, and local law enforcement to address the MANPADS threat and potential ways to improve such intelligence sharing. (3) Contingency plans that the Department has developed in the event that it receives intelligence indicating a high threat of a MANPADS attack on aircraft at or near United States airports. (4) The feasibility and effectiveness of implementing public education and neighborhood watch programs in areas surrounding United States airports in cases in which intelligence reports indicate there is a high risk of MANPADS attacks on aircraft. (5) Any other issues that the Secretary deems relevant. (c) Format.--The report required by this section may be submitted in a classified format. SEC. 7. DEFINITIONS. In this Act, the following definitions apply: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on International Relations, and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Commerce, Science, and Transportation of the Senate. (2) MANPADS.--The term ``MANPADS'' means-- (A) a surface-to-air missile system designed to be man-portable and carried and fired by a single individual; and (B) any other surface-to-air missile system designed to be operated and fired by more than one individual acting as a crew and portable by several individuals. Passed the House of Representatives July 22, 2004. Attest: JEFF TRANDAHL, Clerk.

Commercial Aviation MANPADS Defense Act of 2004 - (Sec. 3) Directs the President to pursue, on an urgent basis, further strong international diplomatic and cooperative efforts (including bilateral and multilateral treaties) in the appropriate forum to limit the availability, transfer, and proliferation of man-portable air defense systems (MANPADS) worldwide. Urges the President to continue to pursue similar efforts to assure the destruction of excess, obsolete, and illicit stocks of MANPADS worldwide. Urges the President to enter into agreements with the governments of foreign countries that, at a minimum, would prohibit: (1) the entry into force of a MANPADS manufacturing license agreement and MANPADS co-production agreement (other than a manufacturing license or co-production agreement with a country party to such an agreement); (2) the export of a MANPADS, including any component, part, accessory, or attachment thereof, without an individual validated license, except pursuant to transfers between governments; and (3) the re-export or retransfer of a MANPADS (or any component, part, accessory, or attachment) to a third person, organization, or government unless the written consent of the government that approved the original export or transfer is first obtained. Directs the President to report to the appropriate congressional committees on the status of such diplomatic efforts and of efforts by the appropriate U.S. agencies to comply with the recommendations of the General Accounting Office report GAO-04-519, entitled "Non-proliferation: Further Improvements Needed in U.S. Efforts to Counter Threats from MANPADS." (Sec. 4) Directs the Administrator of the Federal Aviation Administration (FAA), as soon as practicable, but not later than, the completion date of Phase II of the Department of Homeland Security's (DHS) counter-MANPADS development and demonstration program, to establish a process for conducting airworthiness and safety certification of missile defense systems used to defend commercial aircraft against MANPADS. Directs the FAA, not later than 90 days after the first airworthiness and safety certification for a missile defense system for commercial aircraft is issued by the Administrator, and annually thereafter until December 31, 2008, to report to specified congressional committees on each airworthiness and safety certification issued for such defense system for a commercial aircraft. (Sec. 5) Urges the President to pursue strong programs to reduce the number of MANPADS worldwide. Directs the President to report to the appropriate congressional committees on the status of such programs. Authorizes appropriations. (Sec. 6) Directs the Secretary of Homeland Security to report to specified congressional committees on DHS plans to secure airports and the aircraft arriving and departing from airports against MANPADS attacks.

To encourage the establishment of both long-term and short-term programs to address the threat of man-portable air defense systems (MANPADS) to commercial aviation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Universal Service for the 21st Century Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The preservation and advancement of universal service is a fundamental goal of the Communications Act of 1934 and the Telecommunications Act of 1996. (2) Access throughout the Nation to high-quality and advanced telecommunications and information services is essential to secure the many benefits of our modern society. (3) As the Internet becomes a critical element of any economic and social growth, universal service should shift from sustaining voice grade infrastructure promoting the development of efficient and advanced networks that can sustain advanced communications services. (4) The current structure established by the Federal Communications Commission has placed the burden of universal service support on only a limited class of carriers, causing inequities in the system, incentives to avoid contribution, and a threat to the long term sustainability of the universal service fund. (5) Current fund contributors are paying an increasing portion of their interstate and international service revenue into the universal service fund. (6) Any fund contribution system should be equitable, nondiscriminatory and competitively neutral, and the funding mechanism must be sufficient to ensure affordable communications services for all. SEC. 3. UNIVERSAL SERVICE FUND CONTRIBUTION REQUIREMENTS. (a) Inclusion of Intrastate Revenues.--Section 254(d) of the Communications Act of 1934 (47 U.S.C. 254(d)) is amended-- (1) by striking ``Every'' and inserting ``Notwithstanding section 2(b) of this Act, a''; (2) by striking ``interstate'' each place it appears; and (3) by adding at the end ``Nothing in this subsection precludes a State from adopting rules or regulations to preserve and advance universal service within that State as permitted by section 2(b) and subsections (b) and (f) of this section.''. (b) Universal Service Proceeding.-- (1) Proceeding.--The Federal Communications Commission shall initiate a proceeding, or take action pursuant to any proceeding on universal service existing on the date of enactment of this Act, to establish a permanent mechanism to support universal service, that will preserve and enhance the long term financial stability of universal service, and will promote the public interest. (2) Criteria.--In establishing such a permanent mechanism, the Commission may include collection methodologies such as total telecommunications revenues, the assignment of telephone numbers and any successor identifier, connections (which could include carriers with a retail connection to a customer), and any combination thereof if the methodology-- (A) promotes competitive neutrality among providers and technologies; (B) to the greatest extent possible ensures that all communications services that are capable of supporting 2-way voice communications be included in the assessable base for universal service support; (C) takes into account the impact on low volume users, and proportionately assesses high volume users, through a capacity analysis or some other means; and (D) ensures that a carrier is not required to contribute more than once for the same transaction, activity, or service. (3) Excluded providers.--If a provider of communications services that are capable of supporting 2-way voice communications would not contribute under the methodology established by the Commission, the Commission shall require such a provider to contribute to universal service under an equitable alternative methodology if exclusion of the provider from the contribution base would jeopardize the preservation, enhancement, and long term sustainability of universal service. (4) Deadline.--The Commission shall complete the proceeding and issue a final rule not more than 6 months after the date of enactment of this Act. SEC. 4. INTERCARRIER COMPENSATION. (a) Jurisdiction.--Notwithstanding section 2(b) of the Communications Act of 1934 (47 U.S.C. 152(b)), the Federal Communications Commission shall have exclusive jurisdiction to establish rates for inter-carrier compensation payments and shall establish rules providing a comprehensive, unified system of inter- carrier compensation, including compensation for the origination and termination of intrastate telecommunications traffic. (b) Criteria.--In establishing these rules, and in conjunction with its action in its universal service proceeding under section 3, the Commission, in consultation with the Federal-State Joint Board on Universal Service, shall-- (1) ensure that the costs associated with the provision of interstate and intrastate telecommunications services are fully recoverable; (2) examine whether sufficient requirements exist to ensure traffic contains necessary identifiers for the purposes of inter-carrier compensation; and (3) to the greatest extent possible, minimize opportunities for arbitrage. (c) Sufficient Support.--The Commission should, to the greatest extent possible, ensure that as a result of its universal service and inter-carrier compensation proceedings, the aggregate amount of universal service support and inter-carrier compensation provided to local exchange carriers with fewer than 2 percent of the Nation's subscriber lines will be sufficient to meet the just and reasonable costs of such local exchange carriers. (d) Negotiated Agreements.--Nothing in this section precludes carriers from negotiating their own inter-carrier compensation agreements. (e) Deadline.--The Commission shall complete the pending Intercarrier Compensation proceeding in Docket No. 01-92 and issue a final rule not more than 6 months after the date of enactment of this Act. SEC. 5. ESTABLISHMENT OF BROADBAND ACCOUNT WITHIN UNIVERSAL SERVICE FUND. Part I of title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by inserting after section 254 the following: ``SEC. 254A. BROADBAND FOR UNSERVED AREAS ACCOUNT. ``(a) Account Established.-- ``(1) In general.--There shall be, within the universal service fund established pursuant to section 254, a separate account to be known as the `Broadband for Unserved Areas Account'. ``(2) Purpose.--The purpose of the account is to provide financial assistance for the deployment of broadband communications services to unserved areas throughout the United States. ``(b) Implementation.-- ``(1) In general.--The Commission shall by rule establish-- ``(A) guidelines for determining which areas may be considered to be unserved areas for purposes of this section; ``(B) criteria for determining which facilities- based providers of broadband communications service, and which projects, are eligible for support from the account; ``(C) procedural guidelines for awarding assistance from the account on a merit-based and competitive basis; ``(D) guidelines for application procedures, accounting and reporting requirements, and other appropriate fiscal controls for assistance made available from the account; and ``(E) a procedure for making funds in the account available among the several States on an equitable basis. ``(2) Study and annual reports on unserved areas.-- ``(A) In general.--Within 6 months after the date of enactment of the Universal Service for the 21st Century Act, the Commission shall conduct a study to determine which areas of the United States may be considered to be `unserved areas' for purposes of this section. For purposes of the study and for purposes of the guidelines to be established under subsection (a)(1), the availability of broadband communications services by satellite in an area shall not preclude designation of that area as unserved if the Commission determines that subscribership to the service in that area is de minimis. ``(B) Annual updates.--The Commission shall update the study annually. ``(C) Report.--The Commission shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce setting forth the findings and conclusions of the Commission for the study and each update under this paragraph and making recommendations for an increase or decrease, if necessary, in the amounts credited to the account under this section. ``(3) State involvement.--The Commission may delegate the distribution of funding under this section to States subject to Commission guidelines and approval by the Commission. ``(c) Limitations.-- ``(1) Annual amount.--Amounts obligated or expended under subsection (c) for any fiscal year may not exceed $500,000,000. ``(2) Use of funds.--To the extent that amounts in the account are not obligated or expended for financial assistance under this section, they shall be used to support universal service under section 254. ``(3) Support limited to facilities-based single provider per unserved area.--Assistance under this section may be provided only to-- ``(A) facilities-based providers of broadband communications service; and ``(B) 1 facility-based provider of broadband communications service in any unserved area. ``(d) Application With Sections 214, 254, and 410.-- ``(1) Section 214(e).--Section 214(e) shall not apply to the Broadband for Unserved Areas Account. ``(2) Section 254.--Section 254 shall be applied to the Broadband for Unserved Areas Account-- ``(A) by disregarding-- ``(i) subsections (a) and (e) thereof; and ``(ii) any other provision thereof determined by the Commission to be inappropriate or inapplicable to implementation of this section; and ``(B) by reconciling, to the maximum extent feasible and in accordance with guidelines prescribed by the Commission, the implementation of this section with the provisions of subsections (h) and (l) thereof. ``(3) Section 410.--Section 410 shall not apply to the Broadband for Unserved Areas Account. ``(e) Definitions.--In this section: ``(1) Broadband.-- ``(A) In general.--The term `broadband' shall be defined by the Commission in accordance with the requirements of this paragraph. ``(B) Revision of initial definition.--Within 30 days after the date of enactment of the Universal Service for the 21st Century Act, the Commission shall revise its definition of broadband to require a data rate-- ``(i) greater than the 200 kilobits per second standard established in its Section 706 Report (14 FCC Rec. 2406); and ``(ii) consistent with data rates for broadband communications services generally available to the public on the date of enactment of that Act. ``(C) Annual review of definition.--The Commission shall review its definition of broadband no less frequently than once each year and revise that definition as appropriate. ``(2) Broadband communications service defined.--The term `broadband communications service' means a high-speed communications capability that enables users to originate and receive high-quality voice, data, graphics, and video communications using any technology.''. SEC. 6. IMPLEMENTATION OF SECTION 254A. The Federal Communications Commission shall complete a proceeding and issue a final rule to implement section 254A of the Communications Act of 1934 not more than 6 months after the date of enactment of this Act.

Universal Service for the 21st Century Act - Amends the Communications Act of 1934 to require all telecommunications carriers (currently, only those providing interstate telecommunications services) to contribute to the universal service fund (a fund whose goal is to provide advanced telecommunications services to all areas of the country). Requires the Federal Communications Commission (FCC) to establish a permanent mechanism to support universal service that will preserve and enhance its long-term financial stability. Gives the FCC exclusive jurisdiction to establish rates for inter-carrier compensation payments, including compensation for the origination and termination of intrastate telecommunications traffic. Establishes within the universal service fund the Broadband for Unserved Areas Account, to provide financial assistance for the deployment of broadband (high-speed) communications services to unserved areas throughout the United States. Allows assistance to be provided only to: (1) facilities-based providers of broadband communications service; and (2) one facility-based provider in any unserved area.

A bill to amend the Communications Act of 1934 to expand the contribution base for universal service, establish a separate account within the universal service fund to support the deployment of broadband service in unserved areas of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Older Americans Economic Security Act of 1993''. SEC. 2. TAX DEDUCTION FOR CARE OF CERTAIN ELDERLY INDIVIDUALS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 220 as section 221 and by inserting after section 219 the following new section: ``SEC. 220. EXPENSES FOR CARE OF CERTAIN ELDERLY INDIVIDUALS. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction an amount equal to the amount by which the qualified elderly care expenses paid by the taxpayer during the taxable year exceed 5 percent of the adjusted gross income of the taxpayer. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified elderly care expenses.--The term `qualified elderly care expenses' means payments by the taxpayer for in- home custodial care-- ``(A) provided to any qualifying elderly individual, and ``(B) not compensated for by insurance or otherwise. ``(2) Qualifying elderly individual.--The term `qualifying elderly individual' means any individual-- ``(A) who has attained age 65 before the close of the taxable year, and ``(B) who is-- ``(i) a parent or grandparent of the taxpayer during the taxable year, or ``(ii) a dependent (as defined in section 152) of the taxpayer during the taxable year. ``(3) Custodial care.--The term `custodial care' means services which constitute personal care and which do not entail or require the continuing attention of trained medical or paramedical personnel, such as help in walking and getting in and out of bed, assistance in bathing, dressing, feeding, and using a toilet, preparation of special diets, and supervision over the taking of medication which would otherwise usually be self-administered. ``(c) Special Rules.-- ``(1) Determination of parents and grandparents.--Paragraph (2) of section 152(b) (relating to rules relating to general definition of dependent) shall apply to the determination of whether any of the relationships specified in clause (i) of subsection (b)(2)(B) exists. ``(2) Denial of double benefit.--No deduction or credit shall be allowed under any other provision of this chapter with respect to any amount for which a deduction is allowed under subsection (a).'' (b) Deduction Not Subject to Floor on Miscellaneous Itemized Deductions.--Subsection (b) of section 67 of such Code is amended by striking ``and'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(14) the deduction under section 220 (relating to expenses for care of certain elderly individuals).'' (c) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 220. Expenses for care of certain elderly individuals. ``Sec. 221. Cross reference.'' SEC. 3. INCLUSION OF CERTAIN GOODS AND SERVICES DONATED BY PHYSICIANS OR REGISTERED PROFESSIONAL NURSES TO ELDERLY INDIVIDUALS AS CHARITABLE DEDUCTIONS. (a) In General.--Subsection (c) of section 170 of the Internal Revenue Code of 1986 (relating to charitable contribution defined) is amended by inserting after paragraph (5) the following new paragraph: ``(6) An individual who has attained age 65 and who is not a member of the donor's family if the contribution or gift is the rendering of medical services or the provision of medical goods by a physician (as defined in section 213(d)(4)) or by a registered professional nurse.'' (b) Valuation of Goods and Services Donated.--Section 170 of such Code (relating to charitable, etc., contributions and gifts) is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Valuation of Contributions and Gifts Described in Subsection (c)(6).--The value of contributions and gifts described in subsection (c)(6) shall be determined as if provided to an individual under the insurance program established by part B of title XVIII of the Social Security Act (42 U.S.C. ch. 7, subch. XVIII, part B), in accordance with the provisions of subsections (a) and (c) of section 1833 of such Act (42 U.S.C. 1395l).'' SEC. 4. TAX-FREE WITHDRAWALS FROM INDIVIDUAL RETIREMENT ACCOUNTS TO PAY LONG-TERM CARE EXPENSES OR TO PURCHASE LONG-TERM CARE INSURANCE. (a) In General.--Subsection (d) of section 408 of the Internal Revenue Code of 1986 (relating to tax treatment of distributions from individual retirement accounts) is amended by adding at the end the following new paragraph: ``(8) Distributions to pay long-term care expenses or purchase long-term care insurance.-- ``(A) In general.--Paragraph (1) shall not apply to any amount paid or distributed out of an individual retirement account or individual retirement annuity to the individual for whose benefit the account or annuity is maintained if the entire amount received (including money and any other property) is used, within 30 days after the individual receives the payment or distribution-- ``(i) to pay long-term care expenses of the individual, or ``(ii) to purchase insurance covering such expenses. ``(B) Long-term care expenses defined.--For purposes of subparagraph (A), the term `long-term care expenses' means, with respect to an individual, expenses incurred by the individual for-- ``(i) custodial or health care provided to the individual in a nursing home, and ``(ii) any goods or services provided to the individual outside a nursing home in connection with the provision of custodial or health care to the individual.'' SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years beginning after December 31, 1993.

Older Americans Economic Security Act of 1993 - Amends the Internal Revenue Code to allow a tax deduction for qualified elderly care expenses which exceed five percent of the taxpayer's adjusted gross income. Allows a charitable deduction to physicians and registered professional nurses for medical services or goods donated to elderly individuals. Allows tax-free withdrawals from individual retirement accounts to pay long-term care expenses or to purchase insurance covering such expenses.

Older Americans Economic Security Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Positive Behavior for Effective Schools Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Educators and the general public cite disciplinary issues as the leading challenge facing schools. (2) There is significant evidence that zero tolerance and other get-tough approaches to school discipline are ineffective and even counter-productive. (3) Learning and behavior are inextricably linked. The most successful schools have high academic and behavior standards, and improvements in student behavior and school climate are correlated with improvements in academic outcomes and graduation rates. (4) Evidence-based practices for improving behavior and creating a school climate more conducive to learning have not been uniformly adopted and sustained. (5) Many problems can be prevented or minimized with early intervening services that have been shown to be effective and reduce the need for more intensive and more costly interventions. (6) In particular, the use of positive behavior supports leads to greater academic achievement, significantly fewer disciplinary problems, lower suspension and expulsion rates, greater inclusion, more time for instruction, and increased opportunities for all students to achieve. (7) The application of schoolwide positive behavior supports decreases rates of problem behaviors by improving the systematic and consistent use of active supervision, positive feedback, and social skills instruction. (8) When approaches such as positive behavior support are paired with effective interventions and services for students with significant needs, all students, including those with the most challenging behaviors, can succeed. (b) Purposes.--The purposes of this Act are to expand the use of positive behavior supports and other early intervening services in schools in order to systematically create a school climate that is highly conducive to learning, reduce discipline referrals, and improve academic outcomes. SEC. 3. POSITIVE BEHAVIOR SUPPORT DEFINED. Section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is amended by adding at the end the following: ``(44) Positive behavior support.--The term `positive behavior support' means a broad range of systemic and individualized strategies for achieving important social and learning outcomes while preventing problem behavior with all students.''. SEC. 4. SCHOOLWIDE POSITIVE BEHAVIOR SUPPORT. (a) Flexibility To Use Title I Funds To Implement Schoolwide Positive Behavior Support.-- (1) In general.--Section 1003(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6303(b)) is amended-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (B) by inserting ``(1)'' before ``Of the amount''; and (C) by adding at the end the following: ``(2) Of the amount reserved under subsection (a) for any fiscal year, the State educational agency may allocate funds to develop and implement coordinated, early intervening services (including schoolwide positive behavior supports) for all students, including those who have not been identified as needing special education but who need additional academic and behavioral support to succeed in a general education environment. Funds so allocated shall be aligned with funds authorized under section 613(f) of the Individuals with Disabilities Education Act and shall be used to supplement, and not supplant, funds made available under such Act for these activities and services.''. (2) Technical assistance.-- (A) Subparagraph (B) of section 1116(b)(4) of such Act (20 U.S.C. 6316(b)(4)) (relating to technical assistance) is amended by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively, and by inserting after clause (ii) the following new clause: ``(iii) shall include assistance in implementation of schoolwide positive behavior supports and other approaches with evidence of effectiveness for improving the learning environment in the school;''. (B) Paragraph (3) of section 1117(a) of such Act (20 U.S.C. 6317(a)) (relating to regional centers) is amended by inserting ``any technical assistance center on schoolwide positive behavior supports funded under section 665(b) of the Individuals with Disabilities Education Act,'' after ``2002),''. (C) Subparagraph (B) of section 1117(a)(5) of such Act (20 U.S.C. 6317(a)(5)) (relating to functions of school support teams) is amended by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively, and by inserting after clause (ii) the following new clause: ``(iii) review the number of discipline referrals in the school and the overall school climate and engagement of families, and use that information to assist the school to implement schoolwide positive behavior supports and/or other early intervening services;''. (b) LEA Flexibility To Improve School Climate.--Subclause (I) of section 1114(b)(1)(B)(iii) of such Act (20 U.S.C. 6314(b)(1)(B)(iii)) (relating to schoolwide reform strategies) is amended by redesignating items (bb) and (cc) as items (cc) and (dd), respectively, and by inserting after item (aa) the following new item: ``(bb) improve the learning environment in the school, including the implementation of schoolwide positive behavior supports, in order to improve academic outcomes for students;''. SEC. 5. AMENDMENTS RELATED TO THE SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES PROGRAM. Section 4002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7102) (relating to purpose) is amended by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively, and by striking all that precedes paragraph (2) (as so redesignated) and inserting the following: ``The purpose of this part is to support programs that improve the whole school climate in order to foster learning, including programs that prevent discipline problems; that prevent violence in and around schools; that prevent the illegal use of alcohol, tobacco, and drugs; that involve parents and communities in the school programs and activities; and that are coordinated with related Federal, State, school, and community efforts and resources to foster a safe and drug- free learning environment that supports student academic achievement, through the provision of Federal assistance to-- ``(1) States for grants to local educational agencies and consortia of such agencies to establish, operate and improve local programs relating to improving the schoolwide climate (including implementation of positive behavior supports and other programs);''. SEC. 6. EARLY INTERVENING SERVICES UNDER ELEMENTARY AND SECONDARY SCHOOL COUNSELING PROGRAM. Paragraph (2) of section 5421(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7245(b)) is amended by redesignating subparagraphs (C) through (H) as subparagraphs (D) through (I), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) describe how the local educational agency will address the need for early intervening services that improve the school climate for learning, such as through schoolwide positive behavior supports;''. SEC. 7. TEACHER PROFESSIONAL DEVELOPMENT TO IMPROVE SCHOOL CLIMATE. Paragraph (2) of section 2122(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6622(c)) is amended-- (1) by striking ``subject matter knowledge and teaching skills'' and inserting ``subject matter knowledge, teaching skills, and an understanding of social/emotional learning in children and approaches that improve the school climate for learning (such as positive behavior support)''; and (2) by inserting ``to improve their school's climate for learning'' after ``instructional leadership skills to help teachers''. SEC. 8. OFFICE OF SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES. The Department of Education Organization Act is amended by adding at the end of title II (20 U.S.C. 3411 et seq.) the following: ``office of specialized instructional support services ``Sec. 2501. ``(a) In General.--There shall be, within the Office of the Deputy Secretary in the Department of Education, an Office of Specialized Instructional Support Services (hereinafter in this section referred to as the `Office'). ``(b) Purpose.--The purpose of the Office shall be to administer, coordinate, and carry out programs and activities concerned with providing specialized instructional support services in schools, delivered by trained, qualified specialized instructional support personnel. ``(c) Director.--The Office shall be headed by a Director who shall be selected by the Secretary and report directly to the Deputy Secretary of Education. ``(d) Activities.--In carrying out subsection (b), the Director shall support activities to-- ``(1) improve specialized instructional support services in schools in order to improve academic achievement and educational results for students; ``(2) identify scientifically based practices in specialized instructional support services that support learning and improve academic achievement and educational results for students; ``(3) provide continuous training and professional development opportunities for specialized instructional support personnel and other school personnel in the use of effective techniques to address academic, behavioral, and functional needs; ``(4) provide technical assistance to local and State educational agencies in the provision of effective, scientifically based specialized instructional support services; and ``(5) coordinate specialized instructional support services programs and services in schools between the Department of Education and other federal agencies, as appropriate.''. SEC. 9. REFERENCES TO PUPIL SERVICES AND PERSONNEL. (a) In General.--The Elementary and Secondary Education Act of 1965 is amended-- (1) by striking ``pupil services'' each place it appears in sections 1114(b)(1)(B)(iii)(I)(aa), 1416(4), and 4152(2) and inserting ``specialized instructional support services''; and (2) by striking ``pupil services personnel'' each place it appears and inserting ``specialized instructional support personnel''. (b) Definition.--Section 9101 of that Act (20 U.S.C. 7801) is amended-- (1) by striking paragraph (36); (2) by redesignating paragraphs (37) through (39) as (36) through (38); and (3) by inserting after paragraph (38) (as so redesignated) the following: ``(39) Specialized instructional support personnel; specialized instructional support services.-- ``(A) Specialized instructional support personnel.--The term `specialized instructional support personnel' means school counselors, school social workers, school psychologists, and other qualified professional personnel involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary corrective or supportive services (including related services as that term is defined in section 602 of the Individuals with Disabilities Education Act) as part of a comprehensive program to meet student needs. ``(B) Specialized instructional support services.-- The term `specialized instructional support services' means the services provided by specialized instructional support personnel, including any other corrective or supportive services to meet student needs.''.

Positive Behavior for Effective Schools Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to allow states to allocate school improvement funds under title I of the ESEA for coordinated, early intervention services for all students. Includes among such services, schoolwide positive behavior support, defined as a broad range of systemic and individualized strategies for achieving important social and learning outcomes while preventing problem behavior with all students. Requires improvements in schoolwide learning climates, including schoolwide positive behavior supports, to be a target of: (1) technical assistance provided by states to local educational agencies (LEAs) and schools, and by LEAs to schools identified as needing improvement; (2) schoolwide programs that allow LEAs to consolidate educational funds to upgrade the entire educational program of schools that serve a high proportion of low-income families; (3) funding under the Safe and Drug-Free Schools and Communities program; (4) elementary and secondary school counseling programs; and (5) professional development funding. Amends the Department of Education Organization Act to establish, within the Department of Education, an Office of Specialized Instructional Support Services to oversee and implement the provision of specialized instructional support services in schools by school counselors, social workers, psychologists, and other qualified professionals.

To amend the Elementary and Secondary Education Act of 1965 to allow State and local educational agencies and schools to make greater use of early intervening services, particularly schoolwide positive behavior supports.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Synchronization & Nonadherence Correction (SYNC) Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Between one-half and two-thirds of patients with chronic diseases in the United States do not take medications as prescribed. (2) Low rates of medication adherence result in higher health care costs, reduced effectiveness of health care treatments and regimens, negative health effects for patients, and tens of thousands of deaths on an annual basis. (3) Medication adherence may be lowest among patients with chronic diseases. (4) Improving medication adherence would reduce unnecessary hospital admissions and emergency room visits. (5) Nonadherence is estimated to cost the United States health care system over $100,000,000,000 each year. (6) Improving medication adherence could improve patient health outcomes, reduce health care costs, and lead to productivity gains. SEC. 3. DEFINITIONS. In this Act: (1) The term ``applicable individual'' means an applicable individual (as defined in section 1115A(a)(4)(A) of the Social Security Act, 42 U.S.C. 1315(a)(4)(A)) who has been prescribed 2 or more chronic care medications. (2) The term ``medication adherence'' means a patient taking medications according to the prescribed dosage, time, frequency, and direction. (3) The term ``medication wastage'' means, with respect to a medication, a switch of the medication or strength of the medication within the same therapeutic class that occurs before the expected refill date. (4) The term ``persistence'' means the act of continuing treatment with a medication for the prescribed duration. (5) The term ``primary nonadherence'' means the failure to pickup a newly prescribed medication from a pharmacy. (6) The term ``Secretary'' means the Secretary of Health and Human Services. (7) The term ``synchronization'' means the coordination of medication refills for a patient taking two or more chronic medications such that the patient's medications are refilled on the same schedule for a given time period. SEC. 4. NATIONAL RESEARCH AND REPORTING STRATEGY FOR IMPROVED MEDICATION ADHERENCE. (a) In General.--The Secretary of Health and Human Services, acting through the Agency for Healthcare Research and Quality, the Centers for Medicare & Medicaid Services, the Health Resources and Services Administration, the Director of the National Institutes of Health, and the Director of the Centers for Disease Control and Prevention, and in coordination with the Patient-Centered Outcomes Research Institute, shall conduct research and develop information to better inform decisionmakers regarding medication adherence and medication persistence, and methods to improve medication adherence and persistence in Federal health programs. (b) Activities Included.--The activities described in subsection (a) shall include development of annual statistics on recommended medications, the rate of medication adherence, the rate of primary nonadherence, and the rate of medication persistence for patients with chronic diseases such as cardiovascular disease, hypertension, diabetes, autoimmune diseases, chronic obstructive pulmonary disease (COPD), and mental health conditions treated under the following health care programs: (1) Medicare.--The Medicare program under title XVIII of the Social Security Act. (2) Medicaid.--The Medicaid program under title XIX of such Act. (3) FEHBP.--The Federal Employees Health Benefit Program under chapter 89 of title 5, United States Code. (c) Biennial Report on Medication Adherence and Medication Persistence.--Not later than 2 years after the date of enactment of this Act (and annually thereafter), the Secretary shall submit to Congress a report on the statistics collected under subsection (a), together with recommendations for such legislation and administrative action to address problems and improve medication adherence and medication persistence as the Secretary determines appropriate. SEC. 5. TESTING MODELS FOR IMPROVING MEDICATION ADHERENCE. (a) In General.--The Secretary shall test innovative health care delivery models, as described in subsections (b) and (c), to improve medication adherence and medication persistence, with the goal of improving health outcomes and decreasing health costs for chronic care conditions. (b) Models To Test Efficacy of Synchronization.-- (1) In general.--The model described in this subsection shall test the efficacy of synchronization of prescription drug medications for applicable enrollees in improving medication adherence, determining cost avoidance, and improving outcomes for those enrollees. (2) Participation.--An applicable enrollee who is eligible to participate in the model testing under this subsection shall participate in the model testing, unless the enrollee elects not to participate in the model. (3) Models tested.--The following models of synchronization shall be tested under this subsection: (A) Model 1.--Synchronization (synchronization of prescription drug medications and medication reconciliation phone calls or electronic communication with enrollees prior to filling prescriptions). (B) Model 2.--Synchronization (as described in subparagraph (A)) and compliance-based packaging. (C) Model 3.--Synchronization (as described in subparagraph (A)) and ongoing pharmacist counseling that shall occur at the patient's request and include review of the appropriateness of the medication regimen and any barriers to medication adherence. (4) Evaluation.--The Secretary shall evaluate the models in paragraph (3) by collecting and analyzing relevant plan and enrollee data, including at least the following: (A) Synchronization enrollment and drop-out rates. (B) Primary medication nonadherence. (C) Medication adherence and persistence rates. (D) Demographic characteristics of applicable enrollees. (E) Plan characteristics, such as plan benefit design. (F) Impact of the models on applicable enrollees who are-- (i) eligible for benefits under a State plan under title XIX of the Social Security; or (ii) eligible for premium and cost-sharing subsidies under section 1860D-14(a) of the Social Security Act (42 U.S.C. 1395w-114(a)). (G) Prescription drug claims data in comparison to other medical claims data for applicable enrollees in order to examine the effect of synchronization and adherence on overall health spending, including health care costs avoided, and patient outcomes. (c) Testing 90-Day Fills at Retail Pharmacies for the First Prescription.-- (1) In general.--The Secretary shall conduct a demonstration that compares the use of 90-day first fills of prescriptions at retail pharmacies or using mail-order for maintenance medications against 30-day first fills for applicable enrollees under part D of title XVIII of the Social Security Act, to determine whether there is an impact on medication persistence, cost avoidance, and improving outcomes for those enrollees in subsequent refill periods. (2) Drugs tested.--The model under this subsection shall only pertain to first fills for maintenance drugs treating chronic diseases such as cardiovascular disease, hypertension, diabetes, autoimmune diseases, chronic obstructive pulmonary disease (COPD), and mental health conditions. (3) Evaluation of demonstration by gao.-- (A) Provision of data for evaluation.--The Secretary shall make available to the Comptroller General of the United States relevant plan and enrollee data in order to enable an evaluation of the demonstration under this subsection under subparagraph (B). (B) Evaluation.--Using data made available under subparagraph (A) and other relevant data, the Comptroller General of the United States shall evaluate the demonstration conducted under this subsection. Such evaluation shall examine the effect of long-term fills and adherence on overall health spending, including health care costs avoided, and patient outcome, and shall examine at least the following in relation to part D enrollees using 90-day first fills in comparison with those enrollees using 30-day first fills: (i) Medication adherence and persistence rates. (ii) Cost differentials in pharmacy costs. (iii) Prescription drug claims data in comparison to other medical claims. (iv) Medication wastage (as defined in section 3). (C) Report.--The Comptroller General shall submit a report to the Secretary and Congress on the evaluation conducted under this paragraph.

Synchronization & Nonadherence Correction (SYNC) Act of 2015 This bill requires the Department of Health and Human Services (HHS) to research and test methods for improving medication adherence. "Medication adherence" refers to the taking of medications according to their prescribed dosage, time, frequency, and direction. Research activities shall include the development of annual statistics related to medication adherence for patients with chronic diseases and mental health conditions treated under Medicare, Medicaid, and the Federal Employees Health Benefit Program. HHS shall implement innovative health care delivery models to test: (1) the efficacy of "synchronization," which refers to the coordination of medication refills such that a patient's medications are refilled according to the same schedule; and (2) 90-day fills at retail pharmacies for the first prescription of maintenance drugs that treat chronic diseases and mental health conditions.

Synchronization & Nonadherence Correction (SYNC) Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Infrastructure and Roads Enhancement and Safety Act'' or the ``TIRES Act''. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of the Interior. SEC. 3. APPLICATION OF CATEGORICAL EXCLUSIONS TO CERTAIN TRIBAL TRANSPORTATION FACILITIES. (a) Definition of Tribal Transportation Safety Project.-- (1) In general.--In this section, the term ``tribal transportation safety project'' means a project described in paragraph (2) that is eligible for funding under section 202 of title 23, United States Code, and that-- (A) corrects or improves a hazardous road location or feature; or (B) addresses a highway safety problem. (2) Projects described.--A project described in this paragraph is a project for 1 or more of the following: (A) An intersection safety improvement. (B) Pavement and shoulder widening (including the addition of a passing lane to remedy an unsafe condition). (C) Installation of rumble strips or another warning device, if the rumble strips or other warning devices do not adversely affect the safety or mobility of bicyclists and pedestrians, including persons with disabilities. (D) Installation of a skid-resistant surface at an intersection or other location with a high frequency of crashes. (E) An improvement for pedestrian or bicyclist safety or the safety of persons with disabilities. (F) Construction and improvement of a railway- highway grade crossing safety feature, including the installation of protective devices. (G) The conduct of a model traffic enforcement activity at a railway-highway crossing. (H) Construction of a traffic calming feature. (I) Elimination of a roadside hazard. (J) Installation, replacement, and other improvements of highway signage and pavement markings or a project to maintain minimum levels of retroreflectivity that addresses a highway safety problem consistent with a State strategic highway safety plan. (K) Installation of a priority control system for emergency vehicles at signalized intersections. (L) Installation of a traffic control or other warning device at a location with high crash potential. (M) Transportation safety planning. (N) Collection, analysis, and improvement of safety data. (O) Planning integrated interoperable emergency communications equipment, operational activities, or traffic enforcement activities (including police assistance) relating to work zone safety. (P) Installation of guardrails, barriers (including barriers between construction work zones and traffic lanes for the safety of road users and workers), and crash attenuators. (Q) The addition or retrofitting of structures or other measures to eliminate or reduce crashes involving vehicles and wildlife. (R) Installation of yellow-green signs and signals at pedestrian and bicycle crossings and in school zones. (S) Construction and operational improvements on a high risk rural road (as defined in section 148(a) of title 23, United States Code). (T) Geometric improvements to a road for the purposes of safety improvement. (U) A road safety audit. (V) Roadway safety infrastructure improvements consistent with the recommendations included in the publication of the Federal Highway Administration entitled ``Handbook for Designing Roadways for the Aging Population'' (FHWA-SA-14-015), dated June 2014 (or a revised or updated publication). (W) Truck parking facilities eligible for funding under section 1401 of MAP-21 (23 U.S.C. 137 note; Public Law 112-141). (X) Systemic safety improvements. (Y) Installation of vehicle-to-infrastructure communication equipment. (Z) Pedestrian hybrid beacons. (AA) Roadway improvements that provide separation between pedestrians and motor vehicles, including medians and pedestrian crossing islands. (BB) A physical infrastructure safety project not described in subparagraphs (A) through (AA). (b) New Categorical Exclusions.-- (1) Review of existing categorical exclusions.--The Secretary shall review the categorical exclusions under section 771.117 of title 23, Code of Federal Regulations (or successor regulations), to determine which, if any, are applicable for use by the Secretary in review of projects eligible for assistance under section 202 of title 23, United States Code. (2) Review of tribal transportation safety projects.--The Secretary shall identify tribal transportation safety projects that meet the requirements for categorical exclusions under sections 1507.3 and 1508.4 of title 40, Code of Federal Regulations. (3) Proposal.--The Secretary shall issue a proposed rule, in accordance with sections 1507.3 and 1508.4 of title 40, Code of Federal Regulations, to propose any categorical exclusions identified under paragraphs (1) and (2). (4) Deadline.--Not later than 180 days after the date of enactment of this Act, and after considering any comments on the proposed rule issued under paragraph (3), the Secretary shall promulgate a final rule for the categorical exclusions, in accordance with sections 1507.3 and 1508.4 of title 40, Code of Federal Regulations. (5) Technical assistance.--The Secretary of Transportation shall provide technical assistance to the Secretary in carrying out this subsection. (c) Reviews of Tribal Transportation Safety Projects.-- (1) In general.--The Secretary or the head of another Federal agency responsible for a decision related to a tribal transportation safety project shall complete any approval or decision for the review of the tribal transportation safety project required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other applicable Federal law on an expeditious basis using the shortest existing applicable process. (2) Review of applications.--Not later than 45 days after the date of receipt of a complete application by an Indian tribe for approval of a tribal transportation safety project, the Secretary shall-- (A) take final action on the application; or (B) provide the Indian tribe a schedule for completion of the review described in paragraph (1), including the identification of any other Federal agency that has jurisdiction with respect to the project. (3) Decisions under other federal laws.--In any case in which a decision under any other Federal law relating to a tribal transportation safety project (including the issuance or denial of a permit or license) is required, not later than 45 days after the Secretary has made all decisions of the lead agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the project, the head of the Federal agency responsible for the decision shall-- (A) make the applicable decision; or (B) provide the Indian tribe a schedule for making the decision. (4) Extensions.--The Secretary or the head of an applicable Federal agency may extend the period under paragraph (2) or (3), as applicable, by an additional 30 days by providing the Indian tribe notice of the extension, including a statement of the need for the extension. (5) Notification and explanation.--In any case in which a required action is not completed by the deadline under paragraph (2), (3), or (4), as applicable, the Secretary or the head of a Federal agency, as applicable, shall-- (A) notify the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives of the failure to comply with the deadline; and (B) provide to the Committees described in subparagraph (A) a detailed explanation of the reasons for the failure to comply with the deadline. SEC. 4. PROGRAMMATIC AGREEMENTS FOR CATEGORICAL EXCLUSIONS. (a) In General.--The Secretary shall enter into programmatic agreements with Indian tribes that establish efficient administrative procedures for carrying out environmental reviews for projects eligible for assistance under section 202 of title 23, United States Code. (b) Inclusions.--A programmatic agreement under subsection (a)-- (1) may include an agreement that allows an Indian tribe to determine, on behalf of the Secretary, whether a project is categorically excluded from the preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (2) shall-- (A) require that the Indian tribe maintain adequate capacity in terms of personnel and other resources to carry out applicable agency responsibilities pursuant to section 1507.2 of title 40, Code of Federal Regulations (or successor regulations); (B) set forth the responsibilities of the Indian tribe for making categorical exclusion determinations, documenting the determinations, and achieving acceptable quality control and quality assurance; (C) allow-- (i) the Secretary to monitor compliance of the Indian tribe with the terms of the agreement; and (ii) the Indian tribe to execute any needed corrective action; (D) contain stipulations for amendments, termination, and public availability of the agreement once the agreement has been executed; and (E) have a term of not more than 5 years, with an option for renewal based on a review by the Secretary of the performance of the Indian tribe. Passed the Senate December 10 (legislative day, December 9), 2016. Attest: Secretary. 114th CONGRESS 2d Session S. 1776 _______________________________________________________________________ AN ACT To enhance tribal road safety, and for other purposes.

Tribal Infrastructure and Roads Enhancement and Safety Act or the TIRES Act (Sec. 3) This bill modifies the approval process used for certain transportation projects on Indian reservations by allowing categorical exclusions from National Environmental Policy Act (NEPA) requirements. A "categorical exclusion" is a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a federal agency in implementing environmental regulations and for which, therefore, neither an environmental assessment nor an environmental impact statement is required. A "tribal transportation safety project" is one that is eligible for assistance under the tribal transportation program and that: corrects or improves a hazardous road location or feature, or addresses a highway safety problem. The Department of the Interior shall review existing categorical exclusions for tribal transportation program projects and identify tribal transportation safety projects that meet categorical exclusion requirements. The bill prescribes requirements for the expedited review and approval of tribal transportation safety projects under NEPA or other federal laws. (Sec. 4) Interior shall enter into five-year programmatic agreements with Indian tribes that establish efficient administrative procedures for carrying out environmental reviews for tribal transportation projects, including whether any project is categorically excluded from the preparation of an environmental assessment or impact statement under NEPA.

TIRES Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securities Investors Privacy Enhancement Act of 1998''. SEC. 2. CONFIDENTIAL FINANCIAL INFORMATION OF CUSTOMERS OF BROKERS AND DEALERS. Section 15A(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78o-3(b)) is amended by adding at the end the following new paragraph: ``(14) The rules of the association include rules to require members of the association-- ``(A) to protect the confidentiality of financial information of, and relating to, their customers; ``(B) to inform their customers whenever-- ``(i) financial information is being collected that pertains to such customers; or ``(ii) a member intends (with the approval of the customer pursuant to subparagraph (C)(ii)) to offer financial information pertaining to such customer to any other person, including an affiliate or agent of such member; and ``(C) to refrain, and to take measures reasonably designed to prevent their agents, from using, disclosing, or permitting access to individually identifiable financial information pertaining to any customer except-- ``(i) for the provision of the financial services from which such information is derived, or services necessary to, or used in, the provision of such services; ``(ii) upon the affirmative written request, or with the affirmative written consent, of the customer to whom the information pertains; or ``(iii) upon request of the Commission or as otherwise required by law.''. SEC. 3. CONFIDENTIAL FINANCIAL INFORMATION OF SHAREHOLDERS OF INVESTMENT COMPANIES. Section 38 of the Investment Company Act of 1940 (15 U.S.C. 80a-37) is amended by adding at the end the following new subsection: ``(d) Privacy of Financial Information.--The Commission, as it deems necessary or appropriate in the public interest or for the protection of investors, shall adopt rules or regulations to require any investment company-- ``(1) to protect the confidentiality of financial information of, and relating to, the beneficial owners of the outstanding securities of the investment company; ``(2) to inform a beneficial owner of the outstanding securities of the investment company whenever-- ``(A) financial information is being collected that pertains to such beneficial owner; or ``(B) the investment company intends (with the approval of the beneficial owner pursuant to paragraph (3)(B)) to offer financial information pertaining to such beneficial owner to any other person, including an affiliate or agent of such investment company; and ``(3) to refrain, and to take measures reasonably designed to prevent their agents, from using, disclosing, or permitting access to individually identifiable financial information pertaining to any such beneficial owner except-- ``(A) for the provision of the financial services from which such information is derived, or services necessary to, or used in, the provision of such services; ``(B) upon the affirmative written request, or with the affirmative written consent, of the beneficial owner to whom the information pertains; or ``(C) upon request of the Commission or as otherwise required by law.''. SEC. 4. CONFIDENTIAL FINANCIAL INFORMATION OF CLIENTS OF INVESTMENT ADVISERS. Section 211 of the Investment Advisers Act of 1940 (15 U.S.C. 80b- 11) is amended by adding at the end the following new subsection: ``(e) Privacy of Financial Information.--The Commission, as it deems necessary or appropriate in the public interest or for the protection of investors, shall adopt rules or regulations to require any investment adviser-- ``(1) to protect the confidentiality of financial information of, and relating to, the clients of the investment adviser; ``(2) to inform a client of the investment adviser whenever-- ``(A) financial information is being collected that pertains to such client; or ``(B) the investment adviser intends (with the approval of the client pursuant to paragraph (3)(B)) to offer financial information pertaining to such client to any other person, including an affiliate or agent of such investment adviser; and ``(3) to refrain, and to take measures reasonably designed to prevent their agents, from using, disclosing, or permitting access to individually identifiable financial information pertaining to any such client except-- ``(A) for the provision of the financial services from which such information is derived, or services necessary to, or used in, the provision of such services; ``(B) upon the affirmative written request, or with the affirmative written consent, of the client to whom the information pertains; or ``(C) upon request of the Commission or as otherwise required by law.''.

Securities Investors Privacy Enhancement Act of 1998 - Amends the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940 to prescribe guidelines under which registered securities associations, and the Securities and Exchange Commission, shall adopt rules and regulations requiring brokers and dealers to protect the confidentiality of financial information relating to their customers.

Securities Investors Privacy Enhancement Act of 1998

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``International Dolphin Conservation Act Amendments of 1995''. (b) References to Marine Mammal Protection Act.--Except as otherwise expressly 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, the reference shall be considered to be made to a section or other provision of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.). SEC. 2. PURPOSES. The purposes of this Act are the following: (1) To recognize the achievements of, and support continued implementation of, the International Dolphin Conservation Program administered by the Inter-American Tropical Tuna Commission. (2) To modify and strengthen the embargo provisions of the Marine Mammal Protection Act of 1972 to assure compliance with that program. (3) To authorize participation by United States tuna fishing vessels in the yellowfin tuna fishery of the eastern tropical Pacific Ocean in accordance with that program. (4) To ensure a viable and ecologically sound tuna fishery in the eastern tropical Pacific Ocean, including by avoidance of bycatch of nontargeted marine species, maintenance of healthy stocks of tuna, and protection of marine mammal populations. (5) To otherwise strengthen and improve international efforts to reduce incidental dolphin mortality to insignificant levels approaching a zero mortality and serious injury rate as required by the Marine Mammal Protection Act of 1972. SEC. 3. AMENDMENT OF INTERNATIONAL DOLPHIN CONSERVATION ACT. Title III of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1411-1418) is amended to read as follows: ``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM ``SEC. 301. FINDINGS AND POLICY. ``(a) Findings.--The Congress finds the following: ``(1) Although in past years the yellowfin tuna fishery of the eastern tropical Pacific Ocean has resulted in excessive incidental mortality to dolphins, efforts by tuna fishermen operating under United States and international conservation programs have reduced this incidental mortality to levels that are approaching a zero mortality and serious injury rate in accordance with section 101(a)(2). ``(2) Support of the International Dolphin Conservation Program is necessary to assure that these low levels of dolphin mortality are maintained and eventually eliminated, if possible. ``(3) United States tuna fishing vessels have led the world in the development of fishing methods to reduce dolphin mortalities in the eastern tropical Pacific Ocean and should be allowed to fish in that region on an equal basis with foreign fleets. ``(b) Policy.--It is the policy of the United States to-- ``(1) continue the progress made in reducing the incidental mortality of dolphins in the yellowfin tuna fishery in the eastern tropical Pacific Ocean; ``(2) support the International Dolphin Conservation Program; and ``(3) authorize the participation of United States tuna fishing vessels in the yellowfin tuna fishery of the eastern tropical Pacific Ocean in a manner consistent with the International Dolphin Conservation Program and the requirements of this Act. ``SEC. 302. AUTHORITY OF SECRETARY. ``(a) Regulations.--The Secretary may issue regulations to govern the incidental taking of marine mammals in the course of commercial purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean. Any such regulations shall be consistent with the requirements of the International Dolphin Conservation Program and with the goal of reducing the incidental mortality or serious injury of marine mammals occurring in the yellowfin tuna fishery in the eastern tropical Pacific Ocean to insignificant levels approaching a zero mortality and serious injury rate. ``(b) Consultations.--In developing any regulation under this section, the Secretary shall consult with the Secretary of State and the United States Commissioners to the Inter-American Tropical Tuna Commission appointed under section 3 of the Tuna Conventions Act of 1950 (16 U.S.C. 952). ``SEC. 303. OBSERVERS. ``All vessels subject to the jurisdiction of the United States engaged in commercial purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean shall carry an observer certified by the Secretary or by the Inter-American Tropical Tuna Commission for the purpose of conducting research and observing fishing operations unless, for reasons beyond the control of the Secretary, an observer is not available for such purpose. ``SEC. 304. PROHIBITIONS, PENALTIES, AND CIVIL FORFEITURES. ``(a) Prohibitions.--It is unlawful-- ``(1) for any person to violate any regulation promulgated under this title; ``(2) for any person to refuse to allow any duly authorized officer to board a vessel subject to that person's control for purposes of conducting any search or inspection in connection with the enforcement of this title; ``(3) for any person to assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search or inspection described in paragraph (2); and ``(4) for any person or vessel subject to the jurisdiction of the United States intentionally to set a purse seine net on or to encircle any marine mammal in the course of tuna fishing operations in the eastern tropical Pacific Ocean except in accordance with the International Dolphin Conservation Program. ``(b) Penalties.-- ``(1) Civil penalty.--A person that knowingly and willfully violates subsection (a)(1), (2), or (4) shall be subject to a civil penalty under section 105(a). ``(2) Criminal penalty.--A person that knowingly and willfully violates subsection (a)(3) shall be subject to a criminal penalty under section 105(b). ``(c) Civil Forfeitures.--Any vessel (including its fishing gear, appurtenances, stores, and cargo) used, and any fish (or its fair market value) taken or retained, in any manner, in connection with or as a result of the commission of any act prohibited by this section shall be subject to forfeiture to the United States in the manner provided in section 310 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1860). ``(d) Clerical Amendments.--The table of contents in the first section of the Marine Mammal Protection Act of 1972 is amended by striking the items relating to title III and inserting the following: ``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM ``Sec. 301. Findings and policy. ``Sec. 302. Authority of Secretary. ``Sec. 303. Observers. ``Sec. 304. Prohibitions, penalties, and civil forfeitures.''. SEC. 4. DEFINITIONS. Section 3 (16 U.S.C. 1362) is amended by adding at the end the following new paragraph: ``(28) The term `International Dolphin Conservation Program' means-- ``(A) the international program established by the agreement signed in La Jolla, California, in June, 1992, and administered by the Inter-American Tropical Tuna Commission; or ``(B) an equivalent successor program agreed to by the United States.''. SEC. 5. AMENDMENT OF EMBARGO PROVISIONS. Section 101(a)(2)(B) (16 U.S.C. 1371(a)(2)(B)) is amended to read as follows: ``(B) in the case of yellowfin tuna harvested with purse seine nets in the eastern tropical Pacific Ocean, and products therefrom, to be exported to the United States, shall require that the government of the exporting nation provide documentary evidence that the fishing vessels of the exporting nation participate in the International Dolphin Conservation Program. Such participation in the International Dolphin Conservation Program shall be deemed as establishing that such nation's regulatory program is comparable to, and not in excess of, United States standards if-- ``(i) dolphin mortality under the International Dolphin Conservation Program is within the potential biological removal level for each affected stock; ``(ii) the fishing vessels of the exporting nation are subject to 100 percent observer coverage by observers approved by the Inter-American Tropical Tuna Commission; ``(iii) the government of the exporting nation authorizes the Inter-American Tropical Tuna Commission to release sufficient information to the Secretary to establish participation in the International Dolphin Conservation Program; ``(iv) the government of the exporting nation complies with all reasonable requests for cooperation in carrying out the scientific research program required by section 117; and ``(v) responsible officials administering the International Dolphin Conservation Program have not determined that any fishing vessel of the exporting nation is failing to participate in such program.''. SEC. 6. FURTHER TECHNICAL AND CONFORMING AMENDMENTS. (a) Miscellaneous Amendments to Title I.-- (1) Section 101(a)(2) (16 U.S.C. 1371(a)) is amended in the second sentence by striking the semicolon and all that follows through ``practicable''. (2) Section 104(a) (16 U.S.C. 1374(a)) is amended in the second sentence by striking ``, or subsection (h) of this section''. (3) Section 104 (16 U.S.C. 1374) is amended by striking subsection (h). (4) Section 118(a)(3) (16 U.S.C. 1387(a)(3)) is amended to read as follows: ``(3) Title III, and not this section, shall govern the taking of marine mammals in the course of commercial purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean.''. (b) Citizens on Foreign Vessels.--Section 101 (16 U.S.C. 1371) is amended by adding at the end the following new subsection: ``(d) The provisions of this Act shall not apply to the taking of marine mammals during fishing operations by a citizen of the United States when such citizen is employed on a foreign fishing vessel that is participating in the International Dolphin Conservation Program.''. (c) Tuna Conventions Act.--Section 3(c) of the Tuna Conventions Act of 1950 (16 U.S.C. 952(c)) is amended to read as follows: ``(c) at least one shall be either the Director, or an appropriate regional director of the National Marine Fisheries Service; and''. SEC. 7. REPEAL OF MARKETPLACE LABELING REQUIREMENTS. (a) In General.--The Dolphin Protection Consumer Information Act (16 U.S.C. 1385) is repealed. (b) Relationship to Other Law.--Nothing in this section shall in any way affect, or be construed to affect, requirements for the protection and management of marine mammals under the Driftnet Impact Monitoring, Assessment, and Control Act of 1987 (16 U.S.C. 1822 note), the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), or any other applicable law.

International Dolphin Conservation Act Amendments of 1995 - Amends the Marine Mammal Protection Act of 1972 to replace provisions relating to a global moratorium to prohibit certain tuna harvesting practices with provisions declaring that it is U.S. policy to: (1) continue progress in reducing incidental mortality of dolphins in the eastern tropical Pacific Ocean yellowfin tuna fishery; (2) support the International Dolphin Conservation Program; and (3) authorize participation of U.S. tuna fishing vessels in the fishery of that area in a manner consistent with the Program and this Act. Authorizes regulations on the incidental taking of marine mammals during commercial purse seine yellowfin tuna fishing in that area. Requires all vessels subject to U.S. jurisdiction engaged in such fishing in that area to carry a certified observer to conduct research and observe fishing operations. Makes it unlawful to: (1) violate any regulation under these provisions; (2) resist, intimidate, or interfere with boarding or inspection by an authorized officer; or (3) intentionally set a purse seine net on any marine mammal during tuna fishing in that area. Imposes civil and criminal penalties and civil forfeitures. Revises the requirements applicable to nations exporting yellowfin tuna to the United States. Repeals the Dolphin Protection Consumer Information Act.

International Dolphin Conservation Act Amendments of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Our Children's Future Act of 2002''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) According to a 1995 General Accounting Office report, the unmet need for school construction and renovation in the United States is $112,000,000,000. The National Center for Education Statistics further found that \3/4\ of the Nation's schools need funding to bring buildings up to good overall condition. (2) The Department of Education has found that the average age of a public school building is 42 years, an age when schools tend to deteriorate. (3) According to a 1999 report from the National Education Association, at least an additional 2,400 new public schools will be needed by 2003 to accommodate the ``baby boom echo''. (4) In 2000, the General Accounting Office reported that annual school construction expenditures increased nationally by 39 percent from fiscal year 1990 through 1997, from $17,800,000,000 to $24,700,000,000. (5) Studies have found a link between school building conditions and student learning. In 1996, Dr. Glenn Earthman of the Virginia Polytechnic Institute and State University compared test scores in substandard and above standard schools, and found a positive correlation between school conditions and test scores. (6) Rural schools face different and difficult school modernization needs and often have limited financial resources to meet their needs. In 1996, the General Accounting Office reported that 30 percent of small town and rural schools have at least 1 inadequate building and 52 percent have at least 1 building feature, such as a roof, plumbing, heating or air conditioning, needing repair or replacement. (7) Schools in smaller areas have low tax bases that make it difficult to pay for bond financing costs. Also, such schools' bond issues are relatively small and unfamiliar to investors, making them less attractive. (8) In 2000, the General Accounting Office reported that areas with the highest enrollment growth rates also tend to have the highest construction expenditures per pupil. (9) In addition to basic infrastructure, providing students and teachers access to technology will be a critical part of school improvement in the 21st century, and the provision of such access will require renovation. (10) The Federal Government has made a commitment to support the education of students with disabilities and providing such education can require renovation and increased construction costs. (b) Purpose.--It is the purpose of this Act to provide grants for school renovation, repair, and construction, with priority given to serving schools that-- (1) have been damaged or destroyed by a natural disaster; or (2) the State determines are high poverty or high growth schools. SEC. 3. DEFINITIONS. In this Act: (1) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Outlying area.--The term ``outlying area'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (4) State.--The term ``State'' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. SEC. 4. GRANTS FOR SCHOOL RENOVATION. (a) Allotments.-- (1) Reservation of funds.--From funds appropriated under subsection (c) for a fiscal year, the Secretary shall-- (A) reserve 7.5 percent to award grants to local educational agencies-- (i) that received a basic support payment under section 8003(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)) for the preceding fiscal year; and (ii) with respect to which the number of children determined under section 8003(a)(1)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1)(C)) for the preceding school year constituted at least 50 percent of the total student enrollment in the schools of that agency during the preceding school year, for the construction, renovation, or repair of schools served by those agencies; and (B) reserve 0.325 percent to award grants to local educational agencies in the outlying areas for the renovation or repair of high-need schools (as defined in section 2304(d)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6674(d)(3))) served by such agencies. (2) Allotment to states.-- (A) In general.--Subject to subparagraph (B), from funds appropriated under subsection (c) for a fiscal year that are not reserved under paragraph (1), the Secretary shall make an allotment to each State in an amount that bears the same relation to the funds as the amount the State received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the preceding fiscal year bears to the amount received by all States under such part for the preceding fiscal year. (B) Minimum grant amount.--No State receiving an allotment under subparagraph (A) shall receive less than \1/2\ of 1 percent of the total amount allotted under such subparagraph. (b) Grants to Local Educational Agencies.--A State that receives an allotment under subsection (a)(2) shall expend-- (1) 75 percent of the allotted funds to award grants, on a competitive basis, to local educational agencies for the renovation or repair of schools served by the agencies, with priority given to the renovation or repair of schools that-- (A) have been damaged or destroyed by a natural disaster; or (B) the State determines are high poverty or high growth schools; and (2) 25 percent of the allotted funds to award grants, on a competitive basis, to local educational agencies-- (A) to carry out part B of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); or (B) to improve technology in the schools served by the local educational agencies. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act $1,000,000,000 for fiscal year 2003 and each of the 4 succeeding fiscal years.

Building Our Children's Future Act of 2002 - Establishes a grant program for renovation of schools.Directs the Secretary of Education to allot such grants to States using an allocation formula based on part A of title I of the Elementary and Secondary Education Act of 1965.Requires reservation of specified amounts for direct Federal grants to: (1) local educational agencies (LEAs) that received impact aid basic support payments, and had eligible federally-connected students as more than half of their enrollment, during the preceding fiscal year, for construction, renovation, or repair; and (2) LEAs in the outlying areas, for renovation or repair of high-need schools.Requires a State's allotment to be used for competitive subgrants to LEAs, as follows. Requires 75 percent to be for school renovation or repair, with priorities for: (1) schools damaged or destroyed by a natural disaster; and (2) high-poverty or high-growth schools, as determined by the State. Requires the remaining 25 percent to be for carrying out part B of the Individuals with Disabilities Education Act, or for improving technology in schools.

A bill to establish a grant program for school renovation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Readiness Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Students must be prepared in core academic subjects. (2) Students must possess the skills to be able to think critically and solve problems, be effective communicators, collaborate with others, and learn to create and innovate. (3) In order for students in the United States to be prepared to succeed in citizenship and workplaces of the present and future, core academic subjects must be fused with critical thinking and problem solving, communication, collaboration, and creativity and innovation skills, as such skills are critical for success in the 21st century. (4) The work of the National Governors Association, along with the Council of Chief State School Officers, in developing a set of voluntary and internationally benchmarked national common standards in mathematics and English that include rigorous content and 21st century skills, is a positive development and should serve as a basis for incorporating those skills and other critical skills throughout other core academic subjects in the future. Federal policy must support State leadership and encourage continued State innovation. SEC. 3. COLLEGE AND CAREER READINESS STATEMENT OF PURPOSE. Section 1001 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301) is amended-- (1) in paragraph (11), by striking ``and'' after the semicolon; (2) in paragraph (12), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(13) fusing core academic subject knowledge mastery and higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation) to ensure that students can apply a range of skill competencies alongside content knowledge, and do so in real- world contexts.''. SEC. 4. EVALUATING OF COLLEGE AND CAREER READINESS. Section 1501(a)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6491(a)(2)) is amended-- (1) by redesignating subparagraph (O) as subparagraph (P); and (2) by inserting after subparagraph (N) the following: ``(O) The extent to which fusing core academic subjects and higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation) to ensure that students can apply a range of skill competencies alongside content knowledge in real-world contexts leads to readiness for postsecondary education and careers.''. SEC. 5. SCHOOL REFORM THROUGH 21ST CENTURY READINESS INITIATIVES. Section 1606(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6516(a)) is amended-- (1) by striking ``and'' at the end of paragraph (10); (2) by redesignating paragraph (11) as paragraph (12); and (3) by inserting after paragraph (10) the following: ``(11) includes a 21st century readiness initiative designed to fuse core academic subject knowledge and higher- order thinking skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation) to ensure students can apply a range of skill competencies alongside content knowledge, and do so in real- world contexts; and''. SEC. 6. SCHOOL DROPOUT PREVENTION STRATEGIES THROUGH 21ST CENTURY READINESS INITIATIVES. Section 1822(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6561a(b)(1)) is amended-- (1) in subparagraph (I), by striking ``and'' after the semicolon; (2) in subparagraph (J), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(K) implementing 21st century readiness initiatives, such as initiatives that fuse core academic subject knowledge and higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation) to ensure students can apply a range of skill competencies alongside content knowledge, and do so in real-world contexts.''. SEC. 7. HIGH-QUALITY PROFESSIONAL DEVELOPMENT INITIATIVES AROUND 21ST CENTURY SKILLS. Section 2102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6602) is amended-- (1) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively; and (2) by inserting after paragraph (3) the following: ``(4) High-quality professional development.--The term `high-quality professional development' means professional development that incorporates an aligned system of teaching and learning that includes 21st century skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation), standards, curriculum, instruction, and assessments, such as high-quality professional development that-- ``(A) ensures that educators understand the importance of 21st century skills and how best to integrate such skills into daily instruction; ``(B) enables collaboration among all participants; ``(C) allows educators to construct their own learning communities; ``(D) uses expertise within a school or local educational agency through coaching, mentoring, and team teaching; ``(E) supports educators in their role as facilitators of learning; and ``(F) uses 21st century skills technology tools.''. SEC. 8. HIGH-QUALITY PROFESSIONAL DEVELOPMENT APPLICATION. Section 2122(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6622(b)) is amended by adding at the end the following: ``(12) A description of how the local educational agency will provide high-quality professional development to enable educators to-- ``(A) deliver instruction on higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation) to ensure that students can apply a range of skill competencies alongside core academic subject knowledge, and do so in real-world contexts; and ``(B) use the latest available technology to deliver instruction on higher-order thinking skills.''. SEC. 9. HIGH-QUALITY PROFESSIONAL DEVELOPMENT TRAINING. Section 2123(a)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6623(a)(3)(B)) is amended-- (1) in clause (iv), by striking ``and'' at the end; (2) in clause (v), by striking the period at the end and adding ``; and''; and (3) by adding at the end the following: ``(vi) provide training on how to deliver instruction on higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation) so that students can apply a range of skill competencies alongside core academic subject knowledge, and do so in real-world contexts, which may include effectively integrating technology into curricula and instruction.''. SEC. 10. EXPANDED 21ST CENTURY COMMUNITY LEARNING CENTER ACTIVITIES. Section 4205(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7175(a)) is amended-- (1) in paragraph (11), by striking ``and'' at the end; (2) in paragraph (12), by striking the period at the end and adding ``; and''; and (3) by adding at the end the following: ``(13) initiatives that allow students to apply a range of skill competencies (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation) alongside core academic subjects, and do so in real-world contexts, which may include effectively using technology to improve student achievement.''. SEC. 11. 21ST CENTURY READINESS ASSESSMENTS. Section 6111(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7301(2)) is amended by adding at the end the following: ``(I) Developing or improving assessments that use technology to measure core academic subject knowledge and higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation) to ensure that students can apply a range of skill competencies alongside core academic subject knowledge, and do so in real-world contexts.''. SEC. 12. 21ST CENTURY READINESS INITIATIVE DEFINITION. Section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is amended-- (1) by redesignating paragraphs (1) through (43) as paragraphs (2) through (44), respectively; and (2) by inserting before paragraph (2), the following: ``(1) 21st century readiness initiative.--The term `21st century readiness initiative' means any initiative that-- ``(A) embeds core academic subjects with critical skills; and ``(B) is focused on ensuring that students are prepared for postsecondary education and careers, upon graduation from secondary school.''.

21st Century Readiness Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to support 21st century readiness initiatives that fuse core academic subject knowledge and higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation) to ensure that students are prepared for postsecondary education and careers, upon graduation from secondary school. Amends title I (Improving the Academic Achievement of the Disadvantaged) of the ESEA to require the Secretary of Education, as part of the national assessment of title I programs, to examine the extent to which such initiatives improve student readiness for postsecondary education and careers. Includes 21st century readiness initiatives in comprehensive school reform programs and school dropout prevention and reentry programs under title I. Amends title II (Preparing, Training, and Recruiting High Quality Teachers and Principals) of the ESEA to require high-quality professional development programs to incorporate an aligned system of teaching and learning that includes 21st century skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation), standards, curriculum, instruction, and assessments. Requires LEAs to use title II subgrants to enable educators to deliver instruction on higher-order thinking skills and use the latest available technology in doing so. Amends title IV (21st Century Schools) of the ESEA to include 21st century readiness initiatives in 21st Century Community Learning Center activities. (21st Century Community Learning Centers provide students with before and after school programs to improve their academic performance.) Amends title VI (Flexibility and Accountability) of the ESEA to allow assessment grants to be used by states to develop or improve assessments that use technology to measure core academic subject knowledge and higher-order thinking skills to ensure that students can apply a range of skill competencies alongside core academic subject knowledge, and do so in real-world contexts.

A bill to provide, develop, and support 21st century readiness initiatives that assist students in acquiring the skills necessary to think critically and solve problems, be an effective communicator, collaborate with others, and learn to create and innovate.