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SECTION 1. SHORT TITLE. This Act may be cited as the ``International Professional Exchange Act of 2010''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the National Research Council's 2007 report titled ``International Education and Foreign Languages: Keys to Securing America's Future'', ``knowledge of foreign languages and cultures is increasingly critical for the nation's security and its ability to compete in the global marketplace. Language skills and cultural expertise are needed for federal service, for business, for such professions as law, health care, and social work, and for an informed citizenry.''. (2) Exchange programs play an important role in learning about foreign cultures and languages and building bridges between societies. Our Nation benefits from having people from all over the world study, work, and travel in the United States. (3) The Fulbright Programs are widely recognized and prestigious international exchange programs, with approximately 294,000 ``Fulbrighters'' from more than 155 countries participating in the academic exchange program since its inception more than 60 years ago. (4) In his June 4, 2009, speech in Cairo, Egypt, President Barack Obama stated-- (A) ``I have come here to seek a new beginning between the United States and Muslims around the world; one based on mutual interest and mutual respect.''; (B) in discussing economic development and opportunity, ``we will expand exchange programs'' and ``we will create a new corps of business volunteers to partner with counterparts in Muslim-majority countries''; and (C) ``Indeed, faith should bring us together. That is why we are forging service projects in America that bring together Christians, Muslims, and Jews.'' and ``Around the world, we can turn dialogue into Interfaith service, so bridges between peoples lead to action.''. (5) During the 2010 Presidential Summit on Entrepreneurship, President Obama emphasized the importance of partnering with global Muslim communities ``to expand economic prosperity . . . and to deepen ties between business leaders, foundations, and entrepreneurs in the United States and Muslim communities around the world.''. (6) In her November 2009 speech at the ``Forum for the Future'' in Marrakech, Morocco, Secretary of State Clinton stated ``It is results, not rhetoric, that matter in the end. Economic empowerment, education, healthcare, access to energy and to credit, these are the basics that all communities need to thrive. . . . We know that true progress comes from within a society and cannot be imposed from the outside, and we know that change does not happen overnight. So we will not focus our energies on one-time projects, but we will seek to work with all of you in government and in civil society to try to build local capacity and empower local organizations and individuals to create sustainable change.''. (7) On January 28, 2010, Farah Pandith, Special Representative to Muslim Communities for the Department of State, stated, ``by working together in true partnership with Muslims around the world, we can build new relationships and partnerships that inspire and promote peace, prosperity, dignity, and hope.''. SEC. 3. STATEMENT OF PURPOSE. The purpose of this Act is to establish a pilot program-- (1) to help build professional capacity and contribute professional skills to local communities through a two-way exchange of fellows; (2) to address some of the long-term economic challenges facing the global economy by sharing and building professional expertise and building civil society capacity in the United States and in Muslim-majority countries, including minority populations in those countries; (3) to promote cross-cultural understanding between the people of the United States and the people in Muslim-majority countries, including minority populations in those countries; (4) to improve mutual understanding, change perceptions, and strengthen the people-to-people ties which unite Americans with people in Muslim-majority countries, including minority populations in those countries; and (5) to promote international cooperation and peace. SEC. 4. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Appropriations of the Senate; (C) the Committee on Foreign Affairs of the House of Representatives; and (D) the Committee on Appropriations of the House of Representatives. (2) Fellow.--The term ``fellow'' means a college-educated professional who-- (A) is between 21 and 40 years of age; and (B) has been selected to participate in the Program. (3) Fellowship.--The term ``fellowship'' means the vehicle through which inbound and outbound fellows participate in the Program. (4) Inbound fellow.--The term ``inbound fellow'' means a fellow who is coming to the United States from a Muslim- majority country. (5) Muslim-majority country.--The term ``Muslim-majority country'' means-- (A) a country that is a Member State of the Organization of the Islamic Conference; and (B) the Republic of Kosovo. (6) Outbound fellow.--The term ``outbound fellow'' means a fellow who is going to a Muslim-majority country from the United States. (7) Program.--The term ``Program'' means the 3-year International Professional Exchange Pilot Program established under this Act. SEC. 5. INTERNATIONAL PROFESSIONAL EXCHANGE PILOT PROGRAM. (a) Authorization.--The Secretary of State is authorized to establish a 3-year international professional exchange pilot program for-- (1) young professionals in the United States to live and work in a Muslim-majority country; and (2) young professionals in Muslim-majority countries to live and work in the United States. (b) Fellowship Duration.--The fellowships under the Program should last between 3 and 6 months, during which-- (1) time should be allocated for professional training, community service, and cultural immersion activities, including site visits and domestic travel; and (2) the majority of time should be spent in a professional job setting that complements the fellow's professional background and builds relevant professional skill sets. (c) Community Service.--Each fellow shall be required to complete at least 40 hours of community service in the local community in which the fellow is placed to gain a better appreciation for-- (1) issues surrounding the local community; (2) the importance of civic engagement; and (3) in some cases, interfaith service, which involves service activities and projects for the common good that draw participants from more than 1 faith tradition, denomination, spiritual movement, or religion and often include secular participants and organizations. (d) Placement.--Each fellow shall be placed in a professional environment that complements his or her professional training and experience. To the extent possible, outbound fellowship placement selections should target local companies and businesses in addition to placement opportunities with local governments and civil society organizations. (e) Travel Expenses; Stipend.--The Program shall cover all relevant travel, administrative, and health care costs for each fellow that are directly related to his or her participation in the Program. Each fellow shall receive a stipend in an amount equal to the estimated costs to be incurred for housing, meals, and local transportation costs. Fellows shall not be paid a salary by the Program for their fellowship. To the extent available and consistent with local law, fellows may accept a stipend from the local company or organization connected to their fellowship. (f) Technology.--In administering the Program, the Secretary of State is encouraged to support and utilize communications technology to train fellows and provide networking opportunities for fellows, including-- (1) simultaneous orientations; (2) online educational and cultural trainings, including refresher language training; (3) classroom exchanges; (4) online networks of fellows; and (5) platforms for sharing experiences and creating alumni networks. SEC. 6. SELECTION OF INBOUND FELLOWS. (a) Country of Origin.--The selection of inbound fellows shall reflect geographic diversity to the extent possible. The Secretary of State shall select not fewer than 4 and not more than 7 Muslim-majority countries from which the initial group of inbound fellows may be selected. In making such selections, the Secretary shall select at least 1 country from each of the following geographic regions: (1) Middle East and North Africa. (2) Central Asia and South Asia. (3) Southeast Asia. (b) Recruitment.--In recruiting inbound fellows for the Program, the Secretary should-- (1) build upon existing programs to engage Muslim communities, including efforts by the Department of State through the Office of the Special Representative to Muslim Communities and the Office of the Special Envoy to the Organization of the Islamic Conference; (2) reach out to graduates of English learning programs, such as the English Access Microscholarship Program; (3) work with local Chambers of Commerce and leading private sector industries to identify potential candidates; (4) engage with public service networks and leading public service and nonprofit organizations; (5) use online networking and media tools to reach potential fellows; and (6) use other creative outlets to reach a broad and diverse candidate pool. (c) Selection Process.--In selecting inbound fellows for the Program, the Secretary should-- (1) give preference to candidates who-- (A) have relevant professional and language qualifications; (B) are prepared for cultural immersion; and (C) have demonstrated leadership in their communities; (2) take into account the gender and geographic diversity of the candidates; (3) conduct in-person interviews with all of the finalists to test their character and personal commitment to the goals of the Program; and (4) select fellows from a variety of professional backgrounds with a preference for individuals who work in-- (A) the public sector, including teachers, urban/ city planners, public health workers, and public administrators; or (B) civil society, including journalists, faith- based leaders, interfaith leaders, and those working in nonprofit organizations. SEC. 7. OUTBOUND FELLOWS. (a) Country of Placement.--The placement of outbound fellows shall reflect geographic diversity to the extent possible. The Secretary of State shall select not fewer than 4 and not more than 7 Muslim-majority countries to which the initial group of outbound fellows may be placed. This group of countries does not need to be the same group of countries from which inbound fellows are selected. In making such selection, at least 1 country should be selected from each of the following geographic regions: (1) Middle East and North Africa. (2) Central Asia, South Asia, and Southeast Asia. (b) Recruitment.--In recruiting outbound fellows for the Program, the Secretary should identify a large selection of potential candidates by working closely with-- (1) Federal and State government agencies; (2) United States academic institutions, particularly graduate schools; (3) public and private sector professional networks; (4) private businesses; and (5) nongovernmental organizations. (c) Selection Process.--In selecting outbound fellows for the Program, the Secretary should-- (1) identify candidates who-- (A) have relevant professional and language qualifications; (B) are prepared for cultural immersion; and (C) have demonstrated leadership in their communities; (2) take into account the gender and geographic diversity of the candidates; (3) conduct in-person interviews with all of the finalists to test their character and personal commitment to the goals of the Program; and (4) select fellows from a variety of professional backgrounds, with a preference for individuals who work in-- (A) the public sector, including teachers, urban/ city planners, public health workers, and public administrators; and (B) civil society, including journalists, faith- based leaders, interfaith leaders, and those working in nonprofit organizations. SEC. 8. ORIENTATION, TRAINING, AND LANGUAGE. (a) Orientation.--At the beginning of each fellowship, the Program should include an orientation for each class of inbound fellows and outbound fellows. (b) Training.--The Program should provide, and require each fellow to complete, appropriate professional and cultural training before and during the fellowship. (c) Language.--The Program is not intended to teach fellows professional competency in the working language of the country in which fellows are placed. Fellows should possess a working level knowledge of the language needed for professional placement before the placement is made. The Program shall provide refresher language training for fellowship placement, as needed. SEC. 9. POST-FELLOWSHIP ACTIVITIES. (a) Certificate.--Upon successful completion of the fellowship, each fellow shall receive a certificate from the Department of State certifying such completion. (b) Alumni Networks.--The Program should include an alumni component that encourages former fellows to meet and build relationships and provides an opportunity for former fellows-- (1) to remain linked to the Program and the network of colleagues they met through the Program; (2) to share experiences with current and former fellows and participating professional organizations; (3) to build international professional networks; (4) to recruit candidates for future fellowships; (5) to identify placement opportunities for future fellows; and (6) to raise funds in support of alumni activities and future fellows. (c) Public-Private Partnership Funding.--The Secretary of State is strongly encouraged to defray the costs of the Program through public- private partnerships that seek in-kind contributions, financial assistance for travel and administrative costs, job placement, and recruitment assistance from-- (1) the private sector, including private foundations; (2) foreign governments; and (3) other interested parties. SEC. 10. REPORT. (a) In General.--Not later than 15 months, 27 months, and 39 months after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees that describes the administration and outcomes of the Program. (b) Contents.--The reports submitted under subsection (a) shall include-- (1) the administrative costs of the Program; (2) recommendations for improving cost-sharing; (3) the country selection process for the Program; (4) the qualifications, overhead, and achievements of any partners involved in the implementation of the Program; (5) the program models used by grantees to promote cross- learning; (6) recruitment practices and outcomes; (7) the number of candidates per country; (8) selection criteria used to choose fellows, including issues that arose during selection and recommendations for improved selection; (9) the placement process, including issues that arose during selection and recommendations for improved placement; (10) the training offered, including recommendations for improved training; (11) the alumni networks created, including recommendations for improving alumni activity; and (12) other recommendations for improving the administration and funding of the overall program. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of State such sums as may be necessary for each of the fiscal years 2011 through 2014, which shall be expended to carry out the Program in accordance with this Act.

International Professional Exchange Act of 2010 - Authorizes the Secretary of State to establish a three-year international professional exchange pilot program for: (1) young professionals in the United States to live and work in a Muslim-majority country; and (2) young professionals in Muslim-majority countries to live and work in the United States. Provides for fellowships of between three and six months, during which: (1) time should be allocated for professional training, community service, and cultural immersion activities, including site visits and domestic travel; and (2) the majority of time should be spent in a professional job setting that complements the fellow's professional background and builds relevant professional skill sets. States that the selection of inbound and outbound fellows shall reflect geographic diversity from the Middle East, North Africa, Central Asia, South Asia, and Southeast Asia. Requires each fellow to complete at least 40 hours of community service in the local community in which the fellow is placed. Encourages the Secretary to defray program costs through public-private partnerships. Requires three reports from the Secretary describing the administration and outcomes of the program. Authorizes appropriations.

A bill to establish an international professional exchange program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs, On-the-Job `Earn While You Learn' Training, and Apprenticeships for African-American Young Men Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) African-American young men ages 18 to 39 are the hardest hit in unemployment, with an unemployment rate of 41 percent nationally, and in some States and cities, especially inner cities, higher than 50 percent; (2) this extraordinarily high unemployment rate has a terrible rippling impact on the breakdown of the family structure, as men in this age group are in the primary child- producing ages; and (3) an unemployment rate of 40 to 50 percent among African- American young men, many of who are fathers who, without jobs, and are unable to provide for their families, is not only a national crisis but a national tragedy. (b) Purpose.--The purpose of this Act is to secure jobs, on-the-job training, and apprenticeships for African-American young men ages 18 to 39 with the labor unions, general contractors, and businesses who will rebuild the Nation's crumbling infrastructure in cities and communities throughout the Nation. SEC. 3. URGING EMPLOYMENT, ON-THE-JOB TRAINING, AND APPRENTICESHIPS FOR UNEMPLOYED AFRICAN-AMERICAN YOUNG MEN IN REBUILDING THE NATION'S CRUMBLING INFRASTRUCTURE. (a) In General.--The Secretary of Labor shall strongly and urgently request those labor unions, general contractors, and businesses, who will rebuild the Nation's crumbling infrastructure, transportation systems, technology and computer networks, and energy distribution systems, to actively recruit, hire, and provide on-the-job training to African-American young men ages 18 to 39 through their existing jobs, apprenticeships, and ``earn while you learn'' programs. The Secretary shall provide assistance to such labor unions, general contractors, and businesses through every means available to help coordinate the recruitment of such individuals for such jobs, on-the-job training, and apprenticeships. (b) Coordination.--The jobs, on-the-job training, and apprenticeships made available by labor unions, general contractors, and businesses described in subsection (a) shall be conducted in conjunction with the Secretary of Labor and the labor unions and other associations which have been identified as those primarily involved in the infrastructure rebuilding described in such subsection, including the International Brotherhood of Electrical Workers (IBEW), the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers Union, the International Brotherhood of Teamsters, the National Electrical Contractors Association, the International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART), the Laborers' International Union of North America (LIUNA), the International Union of Operating Engineers (IUOE), and the United Steelworkers (USW). Such coordination shall also be done in conjunction with the National Joint Apprenticeship and Training Committee, which allows apprentices to earn while they learn. (c) Recruitment.--The labor unions, general contractors, and businesses described in subsections (a) and (b) shall recruit African- American young men for the jobs, on-the-job training, and apprenticeships described in subsection (a) by reaching out and seeking assistance from within the African-American community, churches, the National Urban League, the NAACP, 100 Black Men of America, high school and college job placement offices, media outlets, and other African- American organizations that can offer valuable assistance to the Secretary of Labor, the labor unions, general contractors, and businesses with identifying, locating, and contacting unemployed African-American young men who want jobs, on-the-job training, and apprenticeships. These African-American organizations have a long and rich history of working to improve the lives of African-Americans, and can be very helpful in successfully reaching, contacting, and recruiting unemployed African-American young men. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that this Act-- (1) while rebuilding the crumbling infrastructure of this great Nation, will simultaneously help create good paying jobs and job training that will provide African-American young men ages 18 to 39 with the technical skills, computer capabilities, and other skills necessary in this high technology-driven job market, thus providing African-American young men with highly developed skills that will make them very competitive and attractive to many employers; and (2) greatly exemplifies and strengthens the high nobility of purpose that is the founding grace of this great Nation.

Jobs, On-the-Job "Earn While You Learn" Training, and Apprenticeships for African-American Young Men Act This bill requires the Department of Labor to request labor unions, general contractors, and businesses that will rebuild infrastructure, transportation systems, technology and computer networks, and energy distribution systems to actively recruit, hire, and provide on-the-job training to African American men ages 18 to 39 through existing jobs, apprenticeships, and "earn while you learn" programs. Labor must help coordinate such recruitment. The jobs, training, and apprenticeships must be conducted in conjunction with Labor, labor unions and associations involved in infrastructure rebuilding, and the National Joint Apprenticeship and Training Committee. Labor unions, contractors, and businesses involved with such infrastructure or systems must recruit by seeking assistance from the African American community, churches, the National Urban League, the National Association for the Advancement of Colored People, 100 Black Men of America, high school and college job placement offices, and media outlets.

Jobs, On-the-Job Earn While You Learn Training, and Apprenticeships for African-American Young Men Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Resource Governance Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) energy prices have risen dramatically, leading to significant harm to particular sectors of the economy; (2) an affordable domestic energy supply is vital to the continued growth and vitality of our Nation's economy; (3) an uninterrupted supply of oil and other energy is necessary to protect the United States national security interests; and (4) the United States continued dependence on foreign sources of energy, particularly on the Organization of Petroleum Exporting Countries (OPEC), for the majority of its petroleum and energy needs is harmful to our national security and will not guarantee lower fuel prices and protect our economy. SEC. 3. ESTABLISHMENT OF COMMISSION. There is established the National Energy Self-Sufficiency Commission (in this Act referred to as the ``Commission''). SEC. 4. DUTIES OF COMMISSION. (a) Duties.--The duties of the Commission are-- (1) to investigate and study issues and problems relating to issues involving the importation of and dependence on foreign sources of energy; (2) to evaluate proposals and current arrangements with respect to such issues and problems with the goal of seeking out ways to make the United States self-sufficient in the production of energy by the year 2010; (3) to explore whether alternate sources of energy such as ethanol, solar power, electricity, natural gas, coal, hydrogen, wind energy, and any other forms of alternative power sources should be considered, including other potential and actual sources; (4) to investigate the affordability of oil exploration and drilling in areas which currently are not being used for drilling, whether because of the cost of doing so, because of current law, or because of environmental regulation that may prohibit such drilling; (5) to appear at any congressional oversight hearing before the proper congressional oversight committee to testify as to the progress and operation of the Commission and its findings; (6) to consider tax credits and other financial incentives, along with expanded drilling in areas such as the Arctic National Wildlife Refuge and offshore, to help promote and establish the viability and research of alternative forms of energy and domestic oil exploration; (7) to prepare and submit to the Congress and the President a report in accordance with section 9; and (8) to take into account the adverse environmental impact of its proposals. (b) Limitation.--This Act shall not permit the Commission to recommend an increase in taxes or other revenues or import restrictions on oil or other commodities. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 9 members as follows: (1) 3 members appointed by the President, 1 of whom shall be designated as chairman by the President. (2) 2 members appointed by the Majority Leader of the Senate. (3) 1 member appointed by the Minority Leader of the Senate. (4) 2 members appointed by the Speaker of the House of Representatives. (5) 1 member appointed by the Minority Leader of the House of Representatives. (b) Term.--Members of the Commission shall be appointed for the life of the Commission. (c) Quorum.--5 members of the Commission shall constitute a quorum, but a lesser number may conduct meetings. (d) Appointment Deadline.--The first appointments made under subsection (a) shall be made within 60 days after the date of enactment of this Act. (e) First Meeting.--The first meeting of the Commission shall be called by the chairman and shall be held within 90 days after the date of enactment of this Act. (f) Vacancy.--A vacancy on the Commission resulting from the death or resignation of a member shall not affect its powers and shall be filled in the same manner in which the original appointment was made. (g) Continuation of Membership.--If any member of the Commission who was appointed to the Commission as a Member of Congress or as an officer or employee of a government leaves that office, or if any member of the Commission who was not appointed in such a capacity becomes an officer or employee of a government, the member may continue as a member of the Commission for not longer than the 90-day period beginning on the date the member leaves that office or becomes such an officer or employee, as the case may be. SEC. 6. COMPENSATION. (a) Pay.-- (1) Nongovernment employees.--Each member of the Commission who is not otherwise employed by the United States Government shall be entitle to receive the daily equivalent of the 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 he or she is engaged in the actual performance of duties as a member of the Commission. (2) Government employees.--A member of the Commission who is an officer or employee of the United States Government shall serve without additional compensation. (b) Travel.--Members of the Commission shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties. SEC. 7. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Staff.-- (1) Appointment.--The chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other personnel as are 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 the provisions of chapter 51 and subchapter II 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 that title. (b) Experts and Consultants.--The Commission may procure temporary and intermittent services of experts and consultants under section 3109(b) of title 5, United States Code. SEC. 8. POWERS OF THE COMMISSION. (a) Hearings and Meetings.--The Commission or, on authorization of the Commission, a member of the Commission may hold such hearings, sit and act at such time and places, take such testimony, and receive such evidence as the Commission considers appropriate. The Commission or a member of the Commission may administer oaths or affirmations to witnesses appearing before it. (b) Official Data.--The Commission may secure directly from any Federal department, agency, or court information necessary to enable it to carry out this Act. Upon request of the chairman of the Commission, the head of a Federal department or agency or chief judge of a Federal court shall furnish such information to the Commission. (c) Facilities and Support Services.--The Administrator of General Services shall provide to the Commission on a reimbursable basis such facilities and support services as the Commission may request. Upon request of the Commission, the head of a Federal department or agency may make any of the facilities or services of the agency available to the Commission to assist the Commission in carrying out its duties under this Act. (d) Expenditures and Contracts.--The Commission or, on authorization of the Commission, a member of the Commission may make expenditures and enter into contracts for the procurement of such supplies, services, and property as the Commission or member considers appropriate for the purposes of carrying out the duties of the Commission. Such expenditures and contracts may be made only to such extent or in such amounts as are provided in appropriation Acts. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal departments and agencies of the United States. (f) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 9. REPORT. The Commission shall submit to the Congress and the President a report not later than 2 years after the date of its first meeting. The report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislative or administrative action as it considers appropriate. SEC. 10. TERMINATION. The Commission shall cease to exist on the date that is 30 days after the date on which it submits its report under section 9. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $3,500,000 to carry out this Act for each fiscal year for the duration of the Commission.

Precludes the Commission from recommending an increase in taxes or other revenues, or import restrictions on oil or other commodities. Directs the Commission to detail its findings, conclusions and recommendations in a report to Congress and the President. Authorizes appropriations.

National Resource Governance Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Our Students Communicate Act of 2007''. SEC. 2. EXPANSION OF LOAN FORGIVENESS TO SPEECH-LANGUAGE PATHOLOGISTS. (a) FFEL Loans.-- (1) Forgiveness for speech-language pathologists authorized.--Section 428J(b)(1) of the Higher Education Act of 1965 (20 U.S.C. 1078-10(b)(1)) is amended to read as follows: ``(1) has been employed for 5 consecutive complete school years-- ``(A) as a full-time teacher-- ``(i) in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such schools; and ``(ii) if employed as an elementary school or secondary school teacher, who is highly qualified as defined in section 9101 of the Elementary Secondary Education Act of 1965, or meets the requirements of subsection (g)(3); or ``(B) as a full-time speech-language pathologist-- ``(i) to perform services principally in a school described in subparagraph (A)(i); and ``(ii) who has, at a minimum, a graduate degree in speech-language pathology, or communication sciences and disorders; and''. (2) Additional amounts for speech-language pathologists.-- Section 428J(c)(3) of such Act (20 U.S.C. 1078-10(c)(3)) is amended-- (A) in the header, by inserting before the period ``, and speech-language pathologists''; (B) by striking ``and'' at the end of subparagraph (A); (C) by striking the period at the end of subparagraph (B) and inserting ``; and''; and (D) by adding at the end the following new subparagraph: ``(C) a speech-language pathologist who meets the requirements of subsection (b).''. (b) Direct Loans.-- (1) Forgiveness for speech-language pathologists authorized.--Section 460(b)(1)(A) of the Higher Education Act of 1965 (20 U.S.C. 1087j(b)(1)(A)) is amended to read as follows: ``(A) has been employed for 5 consecutive complete school years-- ``(i) as a full-time teacher-- ``(I) in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such schools; and ``(II) if employed as an elementary school or secondary school teacher, who is highly qualified as defined in section 9101 of the Elementary Secondary Education Act of 1965, or meets the requirements of subsection (g)(3); or ``(ii) as a full-time speech-language pathologist-- ``(I) to perform services principally in a school described in clause (i)(I); and ``(II) who has, at a minimum, a graduate degree in speech-language pathology, or communication sciences and disorders; and''. (2) Additional amounts for speech-language pathologists.-- Section 460(c)(3) of such Act (20 U.S.C. 1087j(c)(3)) is amended-- (A) in the header, by inserting before the period ``, and speech-language pathologists''; (B) by striking ``and'' at the end of subparagraph (A); (C) by striking the period at the end of subparagraph (B) and inserting ``; and''; and (D) by adding at the end the following new subparagraph: ``(C) a speech-language pathologist who meets the requirements of subsection (b).''. (c) New Borrower Eligibility.--An individual who is a speech- language pathologist shall not qualify under the amendments made by this section unless such individual is a new borrower (as such term is defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) on or after October 1, 2007.

Helping Our Students Communicate Act of 2007 - Amends the Higher Education Act of 1965 to require the Secretary of Education to assume or cancel loans made under the Federal Family Education Loan or the Direct Loan programs to individuals who have been employed for five consecutive complete school years as full-time speech-language pathologists: (1) principally at elementary and secondary schools whose enrollment of disadvantaged students exceeds 30% and whose local educational agencies are eligible for funding under title I of the Elementary and Secondary Education Act of 1965; and (2) have at least a graduate degree in speech-language pathology, or communication sciences and disorders. Caps loan forgiveness at $17,500. Limits the benefits of this Act to new borrowers on or after October 1, 2007.

To expand the teacher loan forgiveness provisions of the Higher Education Act of 1965 to include speech-language pathologists.

SECTION 1. PILOT PROGRAM ON FACILITATION OF TRANSITION OF MEMBERS OF THE ARMED FORCES TO RECEIPT OF VETERANS HEALTH CARE BENEFITS AFTER COMPLETION OF MILITARY SERVICE. (a) Program Required.-- (1) In general.--The Secretary of Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of utilizing eligible entities to assist members of the Armed Forces, particularly members described in paragraph (2), in applying for and receiving health care benefits and services from the Department of Veterans Affairs and otherwise after completion of military service in order to ensure that such members receive a continuity of care and assistance in and after the transition from military service to civilian life. (2) Target populations.--The pilot program shall focus on providing assistance to all members of the Armed Forces, with particular emphasis on the following members: (A) Members with serious wounds or injuries. (B) Members with mental disorders. (C) Women members. (D) Members of the National Guard and the Reserves. (3) Veteran navigator.--Eligible entities shall provide assistance under the pilot program through qualified individuals who provide such assistance on an individualized basis to members of the Armed Forces described in paragraph (1) as they transition from military service to civilian life and during the commencement of their receipt of health care benefits and services from the Department of Veterans Affairs and otherwise. An individual providing such assistance may be referred to as a ``veteran navigator''. (4) Consultation.--The Secretary of Veterans Affairs shall carry out the pilot program in consultation with the Secretary of Defense. (b) Duration of Program.--The pilot program shall be carried out during the five-year period beginning on the date of the enactment of this Act. (c) Program Locations.-- (1) In general.--The pilot program shall be carried out at locations selected by the Secretary of Veterans Affairs for purposes of the pilot program. Of the locations so selected-- (A) at least one shall be in the vicinity of a military medical treatment facility (MTF) that treats members of the Armed Forces who are seriously wounded or injured in Afghanistan or Iraq; (B) at least one shall be in the vicinity of a Department of Veterans Affairs medical center located in a rural area; and (C) at least one shall be in the vicinity of a Department of Veterans Affairs medical center located in an urban area. (2) Additional locations.--Any locations for the pilot program that are in addition to the locations selected under paragraph (1) shall be selected by the Secretary in consultation with the grant application evaluation panel appointed under subsection (f)(3). (d) Grants.-- (1) In general.--The Secretary of Veterans Affairs shall carry out the pilot program through the award of grants to eligible entities for the provision of assistance to members of the Armed Forces as described in subsection (a). (2) Duration.--The duration of any grant awarded under the pilot program may not exceed three years. However, any such grant may be renewed for a period not to exceed one year. (e) Eligible Entities.--For purposes of this subsection, an eligible entity is any entity or organization that-- (1) is independent of the Department of Veterans Affairs and the Department of Defense; and (2) has or can acquire the capacity, including appropriate personnel, to provide assistance under the pilot program as described in subsection (a). (f) Selection of Grant Recipients.-- (1) Application.--An eligible entity seeking a grant under the pilot program shall submit to the Secretary of Veterans Affairs an application therefor in such form and in such manner as the Secretary considers appropriate. (2) Elements.--Each application submitted under paragraph (1) shall include the following: (A) A description of the population of members of the Armed Forces to be provided assistance. (B) A description of the outreach to be conducted by the eligible entity concerned to notify members of the Armed Forces of the availability of such assistance. (C) If the population of veterans described in subparagraph (A) consists of members of the Armed Forces described in subsection (a)(2), the particular actions to be taken to provide such assistance to such members of the Armed Forces. (3) Evaluation.-- (A) In general.--Each application submitted under paragraph (1) shall be evaluated by a panel appointed by the Secretary for purposes of the pilot program. (B) Membership of panel.--Members of the panel shall be appointed from among individuals as follows: (i) Officers and employees of the Department of Veterans Affairs. (ii) With the approval of the Secretary of Defense, officers and employees of the Department of Defense. (iii) Representatives of veterans service organizations. (iv) Representatives of organizations that provide services to members of the Armed Forces. (C) Recommendation.--Upon completion of the evaluation of an application under this subsection, the panel shall recommend to the Secretary whether or not to approve the application. (D) Recusal.--No member of the panel may evaluate an application that is submitted by an entity with which such member is affiliated. (4) Approval.--The Secretary shall approve or disapprove each application submitted under paragraph (1). In determining whether to approve or disapprove an application, the Secretary shall take into account the recommendation on such application by the panel appointed by the Secretary under paragraph (3). (g) Use of Grant Funds.-- (1) In general.--Each eligible entity receiving a grant under this section shall use the grant to recruit, assign, train, and employ individuals to provide assistance on an individualized basis to members of the Armed Forces, particularly members described in subsection (a)(2), as they transition from military service to civilian life and during the commencement of their receipt of health care benefits and services from the Department of Veterans Affairs and otherwise. (2) Qualifications.--Any organization providing assistance under the pilot program shall employ individuals who collectively-- (A) have an understanding of the unique health care needs of members of the Armed Forces as they transition from military service to civilian life; (B) have an understanding of the military medical treatment system of the Department of Defense; and (C) have an understanding of eligibility for benefits and services, mechanisms for enrollment or participation, and receipt of benefits and services in and through various systems and programs of health care benefits and services for veterans, including-- (i) the health care system of the Department of Veterans Affairs; and (ii) other health care systems and programs, including health care systems and programs of other departments and agencies of the Federal Government, State and local governments, and other public and private entities. (3) Scope of assistance.--In providing assistance to a member of the Armed Forces under the pilot program, an individual shall-- (A) assist the member in identifying the unique health care needs of the member (including mental health care); (B) assist the member in enrolling in the health care system of the Department of Veterans Affairs after separation from military service; (C) assist the member in identifying and applying for any other health care benefits or services to which the member may be entitled after military service; and (D) assist the member in obtaining the timely commencement of health care benefits and services from the Department of Veterans Affairs, and the timely commencement of other veterans health care benefits and services, so that the member receives a continuity of health care and assistance in and after the transition from military service to civilian life. (4) Coordination.--In providing assistance to members of the Armed Forces under the pilot programs, individuals providing such assistance shall coordinate closely with appropriate personnel of the Department of Defense and the Department of Veterans Affairs in order to-- (A) develop relationships (including information sharing) that enhance the effectiveness of such assistance; (B) eliminate overlap or duplication of effort; and (C) otherwise facilitate a continuity of care and assistance for such members in and after the transition from military service to civilian life. (5) Training.--An eligible entity awarded a grant under the pilot program may use grant funds for the provision of training to individuals who provide assistance under the pilot program on matters covered by the pilot program. (6) Reports.--Each eligible entity awarded a grant under the pilot program shall submit to the Secretary, with such frequency as the Secretary shall specify, reports on the activities undertaken under the pilot program. Each report of an eligible entity shall include-- (A) a description of the activities undertaken by such eligible entity during the period covered by such report; and (B) an assessment of the effectiveness of such activities in ensuring that members of the Armed Forces receive a continuity of care and assistance in and after the transition from military service to civilian life. (h) Duplication of Services.--The Secretary may not award a grant under subsection (d) to an eligible entity that is receiving federal funds for activities described in paragraphs (1) and (3) of subsection (g) on the date on which the eligible entity submits an application subsection (f)(1) unless the Secretary determines that the eligible entity will use amounts received under the grant to expand services or provide new services to individuals who would not otherwise be served. (i) Report on Program.-- (1) In general.--Not later than six months after the completion of the pilot program, the Secretary of Veterans Affairs shall submit to Congress report on the pilot program. (2) Elements.--The report shall include the following: (A) A description of the activities undertaken under the pilot program. (B) An assessment of the effectiveness of such activities in ensuring that members of the Armed Forces receive a continuity of care and assistance in and after the transition from military service to civilian life. (C) Such recommendations for legislative or administrative action, including action to extend, expand, or make permanent the pilot program, as the Secretary considers appropriate in light of the pilot program. (j) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated for the Department of Veterans Affairs to carry out this section, amounts as follows: (A) For fiscal year 2008, $2,000,000. (B) For fiscal year 2009, $5,000,000. (C) For fiscal year 2010, $8,000,000. (D) For fiscal year 2011, $6,500,000. (E) For fiscal year 2012, $3,500,000. (2) Availability.--Any amount authorized to be appropriated by paragraph (1) shall remain available for obligation through the end of fiscal year 2012.

Directs the Secretary of Veterans Affairs to carry out a five-year pilot program to assess the feasibility and advisability of awarding grants to eligible entities to assist members of the Armed Forces, particularly those with serious wounds, injuries, or mental disorders, women members, and members of the National Guard and reserves, in applying for and receiving health care benefits and services from the Department of Veterans Affairs (VA) and otherwise after completion of military service, in order to ensure that such members receive a continuity of care and assistance in and after the transition from military service to civilian life. Requires at least one location of the pilot program to be in the vicinity of: (1) a military medical facility that treats members who are seriously wounded or injured in Afghanistan or Iraq; (2) a VA medical center located in a rural area; and (3) a VA medical center located in an urban area.

A bill to require a pilot program on the facilitation of the transition of members of the Armed Forces to receipt of veterans health care benefits upon completion of military service, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Science and Technology Innovation Act of 2008''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--REAUTHORIZATION OF PROGRAMS Sec. 101. Extension of SBIR and STTR Programs. TITLE II--FEDERAL INNOVATIONS INVESTMENTS Sec. 201. SBIR cap increase. Sec. 202. STTR cap increase. Sec. 203. Adjustments in SBIR and STTR award levels. Sec. 204. Majority equity investment in SBIR and STTR firms. TITLE III--UTILIZATION SUPPORT Sec. 301. Agency databases to support program evaluation. Sec. 302. Agency databases to support technology utilization. Sec. 303. Interagency Policy Committee. TITLE IV--OUTREACH AND TECHNICAL ASSISTANCE Sec. 401. Use of program funds for administrative costs. Sec. 402. SBIR discretionary technical assistance. TITLE V--IMPLEMENTATION Sec. 501. Conforming amendments to the SBIR and STTR policy directives. Sec. 502. National Research Council SBIR Study. TITLE I--REAUTHORIZATION OF PROGRAMS SEC. 101. EXTENSION OF SBIR AND STTR PROGRAMS. (a) SBIR Program.--Section 9(m) of the Small Business Act (15 U.S.C. 638(m)) is amended by striking ``2008'' and inserting ``2010''. (b) STTR Program.--Section 9(n)(1)(A) of the Small Business Act (15 U.S.C. 638(n)(1)(A)) is amended by striking ``2009'' and inserting ``2010''. TITLE II--FEDERAL INNOVATIONS INVESTMENTS SEC. 201. SBIR CAP INCREASE. Section 9(f)(1) of the Small Business Act (15 U.S.C. 638(f)(1)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking ``each fiscal year thereafter,'' and inserting ``each of fiscal years 1997 through 2008; and''; and (3) by adding after subparagraph (C) the following new subparagraph: ``(D) not less than 3 percent in fiscal year 2009 and each fiscal year thereafter,''. SEC. 202. STTR CAP INCREASE. Section 9(n)(1)(B) of the Small Business Act (15 U.S.C. 638(n)(1)(B)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) in clause (ii), by striking ``fiscal year 2004 and each fiscal year thereafter.'' and inserting ``each of fiscal years 2004 through 2008; and''; and (3) by adding after clause (ii) the following new clause: ``(iii) 0.6 percent for fiscal year 2009 and each fiscal year thereafter.''. SEC. 203. ADJUSTMENTS IN SBIR AND STTR AWARD LEVELS. (a) SBIR Adjustments.--Section 9(j)(2)(D) of the Small Business Act (15 U.S.C. 638(j)(2)(D)) is amended-- (1) by striking ``$100,000'' and inserting ``$300,000''; and (2) by striking ``$750,000'' and inserting ``$2,200,000''. (b) STTR Adjustments.--Section 9(p)(2)(B)(ix) of the Small Business Act (15 U.S.C. 638(p)(2)(B)(ix)) is amended-- (1) by striking ``$100,000'' and inserting ``$300,000''; and (2) by striking ``$750,000'' and inserting ``$2,200,000''. (c) Annual Adjustments.--Section 9 of the Small Business Act (15 U.S.C. 638) is amended-- (1) in subsection (j)(2)(D), by striking ``and an adjustment of such amounts once every 5 years to reflect economic adjustments and programmatic considerations'' and inserting ``and a mandatory annual adjustment of such amounts to reflect economic adjustments and programmatic considerations''; and (2) in subsection (p)(2)(B)(ix), by striking ``greater or lesser amounts'' and inserting ``with a mandatory annual adjustment of such amounts to reflect economic adjustments and programmatic considerations, and with lesser amounts''. (d) Limitation on Certain Awards.--Section 9 of the Small Business Act (15 U.S.C. 638) is amended by adding at the end the following: ``(z) Limitation on Phase I and II Awards.--No Federal agency shall issue an award under the SBIR program or the STTR program if the size of the award exceeds the amounts established under subsections (j)(2)(D) and (p)(2)(B)(ix). ``(aa) Subsequent Phases.-- ``(1) In general.--A small business concern which received an award from a Federal agency under this section shall be eligible to receive an award for a subsequent phase from another Federal agency, if the head of each relevant Federal agency makes a written determination that the topics of the relevant awards are the same. ``(2) Crossover between programs.--A small business concern which received an award under this section under the SBIR program or the STTR program may, at the discretion of the granting agency, receive an award under this section for a subsequent phase in either the SBIR program or the STTR program. ``(3) Phase ii sbir applications.--An agency may permit an applicant to apply directly for a Phase II award, as described in subsection (e)(4)(B), without first completing a Phase I award, as described in subsection (e)(4)(A), if the applicant can demonstrate that project feasibility was achieved without SBIR or other Federal funding. ``(4) Phase ii sttr applications.--An agency may permit an applicant to submit proposals for Phase II awards, as described in subsection (e)(6)(B), without first completing a Phase I award, as described in subsection (e)(6)(A), if the applicant can demonstrate it has accomplished Phase I through cooperative research and development achieved without STTR or other Federal funding. ``(bb) Waiver of Minimum Work Requirement.--A Federal agency making an SBIR or STTR award under this section may waive the minimum small business concern or research institution work requirements under subsection (e)(7) if the agency determines that to provide such waiver would be consistent with the purposes of this section and consistent with achieving the objectives of the award proposal.''. SEC. 204. MAJORITY EQUITY INVESTMENT IN SBIR AND STTR FIRMS. Section 9 of the Small Business Act (15 U.S.C. 638), as amended by this Act, is further amended by adding at the end the following: ``(cc) Majority Equity Investment in SBIR and STTR Firms.-- ``(1) Qualification requirements.--No small business concern shall be excluded from participation in the SBIR or STTR program on the ground that such small business concern is owned in majority part by more than 1 equity provider, except that no single equity provider shall be permitted to own more than 49 percent of such small business concern. ``(2) Definitions.--For purposes of this subsection-- ``(A) the term `equity provider' means a venture capital operating company; and ``(B) the term `venture capital operating company' means a business concern that-- ``(i) is a venture capital operating company, as that term is defined in regulations promulgated by the Secretary of Labor under the Employee Retirement Income Security Act of 1974; ``(ii) is registered under the Investment Company Act of 1940 (15 U.S.C. 80a-51 et seq.); or ``(iii) is an investment company, as defined in section 3(c)(14) of such Act (15 U.S.C. 80a-3(c)(14)), which is not registered under such Act because it is beneficially owned by less than 100 persons.''. TITLE III--UTILIZATION SUPPORT SEC. 301. AGENCY DATABASES TO SUPPORT PROGRAM EVALUATION. Section 9(k) of the Small Business Act (15 U.S.C. 638(k)) is amended-- (1) in paragraph (2)(A)-- (A) by striking ``and'' at the end of clause (ii); (B) by inserting ``and'' at the end of clause (iii); and (C) by adding at the end the following new clause: ``(iv) information on the ownership structure of award recipients, both at the time of receipt of the award and upon completion of the award period;''; (2) by amending paragraph (3) to read as follows: ``(3) Updating information for database.-- ``(A) In general.--A Federal agency shall not make a Phase I or Phase II payment to a small business concern under this section unless the small business concern has provided all information required under this subsection with respect to the award under which the payment is made, and with respect to any other award under this section previously received by the small business concern or a predecessor in interest to the small business concern. ``(B) Apportionment.--In complying with this paragraph, a small business concern may apportion sales or additional investment information relating to more than one second phase award among those awards, if it notes the apportionment for each award. ``(C) Annual updates upon termination.--A small business concern receiving an award under this section shall-- ``(i) in the case of a second phase award, update information in the databases required under paragraphs (2) and (6) concerning that award at the termination of the award period; ``(ii) in the case of award recipients not described in clause (iii), be requested to voluntarily update such information annually thereafter for a period of 5 years; and ``(iii) in the case of a small business concern applying for a subsequent first phase or second phase award, be required to update such information annually thereafter for a period of 5 years.''; and (3) by adding at the end the following new paragraph: ``(6) Agency program evaluation databases.--Each Federal agency required to establish an SBIR or STTR program under this section shall develop and maintain, for the purpose of evaluating such programs, a database containing information required to be contained in the database under paragraph (2). Each such database shall be designed to be accessible to other agencies that are required to maintain a database under this paragraph.''. SEC. 302. AGENCY DATABASES TO SUPPORT TECHNOLOGY UTILIZATION. Section 9(k) of the Small Business Act (15 U.S.C. 638(k)), as amended by this Act, is further amended by adding at the end the following new paragraph: ``(7) Agency databases to support technology utilization.-- Each Federal agency with an SBIR or STTR program shall create and maintain a technology utilization database, which shall be available to the public and shall contain data supplied by the award recipients specifically to help them attract customers for the products and services generated under the SBIR or STTR project, and to attract additional investors and business partners. Each database created under this paragraph shall include information on the other databases created under this paragraph by other Federal agencies. Participation in a database under this paragraph shall be voluntary, except that such participation is required of all award recipients who received supplemental payments from SBIR and STTR program funds above their initial Phase II award.''. SEC. 303. INTERAGENCY POLICY COMMITTEE. (a) Establishment.--The Director of the Office of Science and Technology Policy shall establish an Interagency SBIR/STTR Policy Committee comprised of one representative from each Federal agency with an SBIR program. (b) Cochairs.--The Director of the Office of Science and Technology Policy and the Director of the National Institute of Standards and Technology shall jointly chair the Interagency Policy Committee. (c) Duties.--The Interagency Policy Committee shall review the following issues and make policy recommendations on ways to improve program effectiveness and efficiency: (1) The public and government databases described in section 9(k)(1) and (2) of the Small Business Act (15 U.S.C. 638(k)(1) and (2)). (2) Federal agency flexibility in establishing Phase I and II award sizes, and appropriate criteria to exercise such flexibility. (3) Commercialization assistance best practices in Federal agencies with significant potential to be employed by other agencies, and the appropriate steps to achieve that leverage, as well as proposals for new initiatives to address funding gaps business concerns face after Phase II but before commercialization. (d) Reports.--The Interagency Policy Committee shall transmit to the Committee on Science and Technology and the Committee on Small Business of the House of Representatives, and to the Committee on Small Business and Entrepreneurship of the Senate-- (1) a report its review and recommendations under subsection (c)(1) not later than 1 year after the date of enactment of this Act; (2) a report its review and recommendations under subsection (c)(2) not later than 18 months after the date of enactment of this Act; and (3) a report its review and recommendations under subsection (c)(3) not later than 2 years after the date of enactment of this Act. TITLE IV--OUTREACH AND TECHNICAL ASSISTANCE SEC. 401. USE OF PROGRAM FUNDS FOR ADMINISTRATIVE COSTS. Section 9 of the Small Business Act (15 U.S.C. 638) is amended-- (1) in subsection (f)(2)(A), by striking ``any'' and inserting ``more than 3.0 percent''; and (2) in subsection (n)(2)(A), by striking ``any'' and inserting ``more than 3.0 percent''. SEC. 402. SBIR DISCRETIONARY TECHNICAL ASSISTANCE. Section 9(q) of the Small Business Act (15 U.S.C. 638(q)) is amended-- (1) in paragraph (1)-- (A) by striking ``paragraph (2)'' and inserting ``paragraph (2)(A), or another Federal agency under paragraph (2)(B),''; (B) by striking ``and'' at the end of subparagraph (C); (C) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (D) by adding at the end the following new subparagraph: ``(E) implementing manufacturing processes and production strategies for utilization.''; (2) by amending paragraph (2) to read as follows: ``(2) Assistance providers.-- ``(A) Vendor selection.--Each agency may select a vendor to assist small business concerns to meet the goals listed in paragraph (1) for a term not to exceed 3 years. Such selection shall be competitive and shall utilize merit-based criteria. ``(B) Interagency collaboration.--In addition, each agency may enter into a collaborative agreement with the technical extension or assistance programs of other Federal agencies in order to provide the assistance described in paragraph (1).''; and (3) in paragraph (3)-- (A) in subparagraph (A), by striking ``$4,000'' and inserting ``$5,000''; and (B) by amending subparagraph (B) to read as follows: ``(B) Second phase.--Each agency referred to in paragraph (1) may provide directly, or authorize any second phase SBIR award recipient to purchase with funds available from their SBIR awards, services described in paragraph (1), in an amount equal to not more than $8,000 per year, per award.''. TITLE V--IMPLEMENTATION SEC. 501. CONFORMING AMENDMENTS TO THE SBIR AND STTR POLICY DIRECTIVES. Not later than 180 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall promulgate amendments to the SBIR and the STTR Policy Directives to conform such directives to this Act and the amendments made by this Act. SEC. 502. NATIONAL RESEARCH COUNCIL SBIR STUDY. Section 108(d) of the Small Business Reauthorization Act of 2000 is amended-- (1) by striking ``of the Senate'' and all that follows through ``not later than 3'' and inserting ``of the Senate, not later than 3''; and (2) by striking ``; and'' and all that follows through ``update of such report''.

Science and Technology Innovation Act of 2008 - Amends the Small Business Act to: (1) extend through FY2010 the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs; (2) increase SBIR and STTR set-asides and award levels; (3) prohibit a small business from being excluded from SBIR or STTR program participation due to being owned by more than one equity provider, as long as no single equity provider owns more than 49% of such business; (4) require agency database updates in order to support SBIR and STTR program evaluation and technology utilization; (5) establish an Interagency SBIR/STTR Policy Committee; (6) allow federal agencies to use up to 3% of their SBIR funds for the payment of administrative costs; (7) allow SBIR technical assistance to include the implementation of manufacturing processes and production strategies for utilization; (8) allow federal agencies participating in the SBIR program to enter into agreements with the technical extension or assistance programs of other federal agencies in order to provide small business technical assistance; and (9) increase expenditure limits for the provision of such technical assistance.

To reauthorize the Small Business Innovation Research (SBIR) Program and the Small Business Technology Transfer (STTR) Program, and for other purposes.

SECTION 1. ELIGIBLE EDUCATIONAL INSTITUTIONS PERMITTED TO MAINTAIN QUALIFIED TUITION PROGRAMS; OTHER MODIFICATIONS OF QUALIFIED TUITION PROGRAMS. (a) Eligible Educational Institutions Permitted To Maintain Qualified Tuition Programs.-- (1) In general.--Paragraph (1) of section 529(b) of the Internal Revenue Code of 1986 (defining qualified State tuition program) is amended by inserting ``or by 1 or more eligible educational institutions'' after ``maintained by a State or agency or instrumentality thereof''. (2) Technical amendments.-- (A) Section 72(e)(9) of such Code is amended-- (i) in the heading, by striking ``qualified state tuition programs'' and inserting ``qualified tuition programs'', and (ii) in the text, by striking ``qualified State tuition program'' and inserting ``qualified tuition program''. (B) Subsections (c)(2)(C) and (d)(1)(D) of section 135 of such Code are amended by striking ``qualified State tuition program'' and inserting ``qualified tuition program''. (C) Section 529 of such Code is amended-- (i) by striking ``qualified State tuition program'' each place it appears and inserting ``qualified tuition program'', and (ii) in subsection (c)(3)(D), by striking ``qualified State tuition programs'' and inserting ``qualified tuition programs''. (D) Section 530(b)(2)(B) of such Code is amended-- (i) in the heading, by striking ``Qualified state tuition programs'' and inserting ``Qualified tuition programs'', and (ii) in the text, by striking ``qualified State tuition program'' and inserting ``qualified tuition program''. (E) Section 4973(e)(1)(B) of such Code is amended by striking ``qualified State tuition program'' and inserting ``qualified tuition program''. (F) Section 6693(a)(2)(C) of such Code is amended by striking ``qualified State tuition programs'' and inserting ``qualified tuition programs''. (G)(i) The section heading of section 529 of such Code is amended to read as follows: ``SEC. 529. QUALIFIED TUITION PROGRAMS.''. (ii) The item relating to section 529 of such Code in the table of sections for part VIII of subchapter F of chapter 1 of such Code is amended by striking ``State''. (b) Exclusion From Gross Income of Distributions Allocable to Qualified Higher Education Expenses.-- (1) In general.--Subparagraph (B) of section 529(c)(3) of such Code (relating to distributions) is amended to read as follows: ``(B) Distributions for qualified higher education expenses.--If a distributee elects the application of this subparagraph for any taxable year-- ``(i) no amount shall be includible in gross income by reason of a distribution which consists of providing a benefit to the distributee which, if paid for by the distributee, would constitute payment of a qualified higher education expense, and ``(ii) the amount which (but for the election) would be includible in gross income by reason of any other distribution shall not be so includible in an amount which bears the same ratio to the amount which would be so includible as the amount of the qualified higher education expenses of the distributee bears to the amount of the distribution.''. (2) Distributions treated as first being attributable to income.--Subparagraph (A) of section 529(c)(3) of such Code is amended to read as follows: ``(A) In general.--Any distribution from a qualified tuition program-- ``(i) shall be includible in the gross income of the distributee to the extent allocable to income under the program, and ``(ii) shall not be includible in gross income to the extent allocable to investment in the contract. For purposes of the preceding sentence, rules similar to the rules of section 72(e)(3) shall apply.''. (c) Change of Qualified Tuition Program.--Clause (i) of section 529(c)(3)(C) of such Code is amended by inserting ``to another qualified tuition program for the benefit of the designated beneficiary or'' after ``transferred''. (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2000.

Amends the Internal Revenue Code to permit private educational institutions to maintain qualified tuition programs which are comparable to qualified State tuition programs. Revises provisions concerning distributions for qualified education expenses.

To amend the Internal Revenue Code of 1986 to permit private educational institutions to maintain qualified tuition programs which are comparable to qualified State tuition programs, and for other purposes.

SECTION 1. DEPOSIT OF CERTAIN CONTRIBUTIONS AND DONATIONS IN TREASURY ACCOUNT. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``treatment of certain contributions and donations to be returned to donors ``Sec. 323. (a) Transfer to Commission.-- ``(1) In general.--Notwithstanding any other provision of this Act, if a political committee intends to return any contribution or donation given to the political committee, the committee shall transfer the contribution or donation to the Commission if-- ``(A) the contribution or donation is in an amount equal to or greater than $500 (other than a contribution or donation returned within 60 days of receipt by the committee); or ``(B) the contribution or donation was made in violation of section 315, 316, 317, 319, or 320 (other than a contribution or donation returned within 30 days of receipt by the committee). ``(2) Information included with transferred contribution or donation.--A political committee shall include with any contribution or donation transferred under paragraph (1)-- ``(A) a request that the Commission return the contribution or donation to the person making the contribution or donation; and ``(B) information regarding the circumstances surrounding the making of the contribution or donation and any opinion of the political committee concerning whether the contribution or donation may have been made in violation of this Act. ``(3) Establishment of escrow account.-- ``(A) In general.--The Commission shall establish a single interest-bearing escrow account for deposit of amounts transferred under paragraph (1). ``(B) Disposition of amounts received.--On receiving an amount from a political committee under paragraph (1), the Commission shall-- ``(i) deposit the amount in the escrow account established under subparagraph (A); and ``(ii) notify the Attorney General and the Commissioner of the Internal Revenue Service of the receipt of the amount from the political committee. ``(C) Use of interest.--Interest earned on amounts in the escrow account established under subparagraph (A) shall be applied or used for the same purposes as the donation or contribution on which it is earned. ``(4) Treatment of returned contribution or donation as a complaint.--The transfer of any contribution or donation to the Commission under this section shall be treated as the filing of a complaint under section 309(a). ``(b) Use of Amounts Placed in Escrow To Cover Fines and Penalties.--The Commission or the Attorney General may require any amount deposited in the escrow account under subsection (a)(3) to be applied toward the payment of any fine or penalty imposed under this Act or title 18, United States Code, against the person making the contribution or donation. ``(c) Return of Contribution or Donation After Deposit in Escrow.-- ``(1) In general.--The Commission shall return a contribution or donation deposited in the escrow account under subsection (a)(3) to the person making the contribution or donation if-- ``(A) within 180 days after the date the contribution or donation is transferred, the Commission has not made a determination under section 309(a)(2) that the Commission has reason to believe whether that the making of the contribution or donation was made in violation of this Act; or ``(B)(i) the contribution or donation will not be used to cover fines, penalties, or costs pursuant to subsection (b); or ``(ii) if the contribution or donation will be used for those purposes, that the amounts required for those purposes have been withdrawn from the escrow account and subtracted from the returnable contribution or donation. ``(2) No effect on status of investigation.--The return of a contribution or donation by the Commission under this subsection shall not be construed as having an effect on the status of an investigation by the Commission or the Attorney General of the contribution or donation or the circumstances surrounding the contribution or donation, or on the ability of the Commission or the Attorney General to take future actions with respect to the contribution or donation.''. (b) Amounts Used to Determine Amount of Penalty for Violation.-- Section 309(a) of such Act (2 U.S.C. 437g(a)) is amended by inserting after paragraph (9) the following new paragraph: ``(10) For purposes of determining the amount of a civil penalty imposed under this subsection for violations of section 323, the amount of the donation involved shall be treated as the amount of the contribution involved.''. (c) Donation Defined.--Section 301 of such Act (2 U.S.C. 431) is amended by adding at the end the following: ``(20) Donation.--The term `donation' means a gift, subscription, loan, advance, or deposit of money or anything else of value made by any person to a national committee of a political party or a Senatorial or Congressional Campaign Committee of a national political party for any purpose, but does not include a contribution (as defined in paragraph (8)).''. (d) Disgorgement Authority.--Section 309 of such Act (2 U.S.C. 437g) is amended by adding at the end the following new subsection: ``(e) Any conciliation agreement, civil action, or criminal action entered into or instituted under this section may require a person to forfeit to the Treasury any contribution, donation, or expenditure that is the subject of the agreement or action for transfer to the Commission for deposit in accordance with section 323.''. (e) Effective Date.--The amendments made by subsections (a), (b), and (c) shall apply to contributions or donations refunded on or after the date of the enactment of this Act, without regard to whether the Federal Election Commission or Attorney General has issued regulations to carry out section 323 of the Federal Election Campaign Act of 1971 (as added by subsection (a)) by such date.

Amends the Federal Election Campaign Act of 1971 to establish guidelines for the transfer to the Federal Election Commission (FEC) and deposit into a special account of any contribution or donation given to a political committee that the committee intends to return, as well as for the return of such contribution or donation after it is deposited to the person who made it. Requires: (1) the political committee to include certain information along with the transferred contribution or donation, such as a request that the FEC return the contribution or donation to the person making it; and (2) the FEC to notify the Attorney General and the Commissioner of the Internal Revenue Service of the receipt of such contribution or donation. Allows amounts in the special account to be applied toward the payment of any applicable fines or penalties.

To amend the Federal Election Campaign Act of 1971 to require the deposit of certain contributions and donations to be returned to donors in a special account, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Health Care Options Act of 2015''. SEC. 2. INCREASING STATE FLEXIBILITY THROUGH PROVISION OF HEALTH-FLEX AND EXCHANGE WAIVERS. (a) State Options.-- (1) In general.--The Patient Protection and Affordable Care Act is amended by inserting after section 1332 (42 U.S.C. 18052) the following: ``SEC. 1332A. OPTIONS FOR STATE FLEXIBILITY. ``(a) State Options.-- ``(1) In general.--If a State provides to the Secretary a notice (in this section referred to as a `waiver notice') of intent to implement a health-flex waiver (described in subsection (b)(1)), an exchange waiver (described in subsection (b)(2)), or both, and such notice complies with paragraph (2), the waiver shall be deemed to be approved and effective, except as provided in paragraphs (5) and (6). ``(2) Contents of a waiver notice.--A waiver notice with respect to a State shall include the following: ``(A) The years for which the waiver shall be effective (which may be indefinite). ``(B) An assurance that the State will comply with annual reporting requirements established by the Secretary relating to the activities of the State under the waiver, which reporting requirements shall include information on affordability, access, and transparency. ``(C) In the case of a health-flex waiver-- ``(i) the requirements to be waived; ``(ii) an assurance that there will be available throughout the State one or more health plans that provide the catastrophic level of coverage described in subsection (c)(1)(B)(i) for which an enrollee's required contribution (as defined in section 5000A(e)(1)(B) of the Internal Revenue Code of 1986, determined on an annual basis) does not exceed 6.5 percent of the median household income (as defined in section 36B(d)(2)(A) of such Code) of residents of the State for the most recent taxable year for which information on such median household income is available to the Secretary; and ``(iii) an assurance that the certifying entity (as defined in subsection (c)(2)) has a process to certify health plans as permissible health plans consistent with subsection (c). ``(D) In the case of an exchange waiver, assurances that the State-- ``(i) will be responsible for functions that are necessary to carry out the waiver that would otherwise be performed by an Exchange; ``(ii) will comply with subsection (d); ``(iii) has the capability to receive from the Secretary subsidy eligibility information; and ``(iv) has and is applying standards for privacy, security, and data encryption for subsidy eligibility information that are determined to be satisfactory by the Secretary. ``(3) Effectiveness.--A waiver under this section shall be effective for the years described in the waiver notice under paragraph (2)(A), except that no waiver under this section shall be effective for a year unless the waiver notice for such waiver was submitted before November 1 of the previous year. ``(4) Modification or termination.--A State may modify or terminate a waiver for the State under this section by submitting to the Secretary a subsequent waiver notice with respect to such waiver. ``(5) Disapproval authority.--If the Secretary determines that a waiver notice fails to comply with paragraph (2) and notifies the State of the reason for such determination not later than 30 days after the date on which the State submits the waiver notice, such waiver notice shall not be effective. ``(6) Revocation.--If the Secretary determines that a State is in violation of an assurance submitted under paragraph (2) and notifies the State of the reason for such determination, the Secretary may revoke the waiver. Such revocation shall be effective on the first day of the first year that begins after the 60-day period that begins on the date on which notification of the revocation occurs. ``(7) Construction.--Nothing in this section shall be construed as requiring a State to enact a law in order to carry out the provisions of this section. ``(b) Waivers.-- ``(1) Health-flex waiver.--A waiver under this paragraph (in this section referred to as a `health-flex waiver'), with respect to a State, is a waiver of any of the requirements in sections 1301 through 1303. ``(2) Exchange waiver.--A waiver under this paragraph (in this section referred to as an `exchange waiver') permits a State to elect to be responsible for certain Exchange functions, including serving as the certifying entity for the purposes of subsection (c). ``(3) No waiver of adult child coverage and preexisting conditions.--Nothing in this subsection may be construed to permit a State to waive the following: ``(A) Prohibition of preexisting condition exclusion.--Section 2704 of the Public Health Service Act (42 U.S.C. 300gg-3). ``(B) Extension of coverage for adult children.-- Section 2714 of the Public Health Service Act (42 U.S.C. 300gg-14). ``(c) Certifying Permissible Health Plans.-- ``(1) Permissible health plan defined.--For the purposes of this section, the term `permissible health plan' means, with respect to a State, a health plan that is offered for sale in the individual or small group market in the State and that is certified by a certifying entity to meet the following requirements: ``(A) Benefits.--The plan provides benefits for items and services within each of the following categories: ``(i) Ambulatory patient services. ``(ii) Emergency services. ``(iii) Hospitalization. ``(iv) Physician services. ``(B) Levels of coverage.--The plan provides a level of coverage that complies with one of the following levels of coverage (as established by the State): ``(i) Catastrophic. ``(ii) Standard. ``(iii) High. ``(C) Transparency justifying premiums.--The issuer of the plan makes available to the public information about the demographics of the population enrolled under the plan, the utilization of health care items and services by such population under the plan, and other factors that serve as a justification for the premium levels (including any premium increases) under the plan. ``(D) Information requirement.--The issuer of the plan submits information as required under section 36B(g)(3)(C) of the Internal Revenue Code of 1986. ``(2) Certifying entity defined.--In this section, the term `certifying entity' means-- ``(A) in the case of a health plan that is offered through an Exchange established by a State, such Exchange; and ``(B) in the case of a health plan that is not so offered, the State in which such plan is offered. ``(3) Effect of certifying permissible health plans.--With respect to eligibility for premium assistance tax credits and reduced cost-sharing for individuals enrolled in permissible health plans, see section 36B(g) of the Internal Revenue Code of 1986 and section 1402(f)(4) of the Patient Protection and Affordable Care Act (42 U.S.C. 18071), respectively. ``(d) Determining Subsidy Eligibility.-- ``(1) In general.--In the case of a State that has in effect an exchange waiver, the State shall determine the eligibility of individuals residing in the State for the assistance described in subparagraphs (A) and (B) of paragraph (3). ``(2) Disclosure of federal information.--In the case of a State that has in effect an exchange waiver, the Secretary or the Secretary of the Treasury, as appropriate, shall make subsidy eligibility information available to the State, but only the minimum amount of information necessary to enable the State to determine the amount of the assistance described in subparagraphs (A) and (B) of paragraph (3) for which the individual enrolled in a permissible health plan is eligible. ``(3) Subsidy eligibility information defined.--In this subsection, the term `subsidy eligibility information' means information concerning the eligibility of an enrollee or a prospective enrollee in a health plan for-- ``(A) a premium assistance credit under section 36B(a) of the Internal Revenue Code of 1986; and ``(B) reduced cost-sharing under section 1402.''. (2) Reporting requirements.--The Secretary shall establish annual reporting requirements under 1332A(a)(2)(B) of the Patient Protection and Affordable Care Act that include information on affordability, access, and transparency. (3) Conforming amendment.--The table of contents of the Patient Protection and Affordable Care Act is amended by inserting after the item relating to section 1332 the following: ``Sec. 1332A. Options for State flexibility.''. (b) Subsidies for Individuals Enrolled in Permissible Health Plans.-- (1) Premium assistance tax credits.--Section 36B of the Internal Revenue Code of 1986 is amended-- (A) by redesignating subsection (g) as subsection (h); and (B) by inserting after subsection (f) the following: ``(g) Special Rules in Case of Waivers Under Section 1332A of PPACA.-- ``(1) Limiting eligibility to taxpayers with income at or below 300 percent of fpl.--In the case of a section 1332A State, subsection (c)(1)(A) shall be applied by substituting `300 percent' for `400 percent' for a taxpayer who obtains coverage through a plan issued under the law of such State for a year. ``(2) Permissible health plans.--In the case of a taxpayer who obtains coverage with respect to a section 1332A State, for a coverage month, a permissible health plan, as defined in section 1332A(c)(1) of the Patient Protection and Affordable Care Act, shall be treated as a qualified health plan with respect to such taxpayer. ``(3) Adjusted monthly premium.--In the case of a State that has in effect a health-flex waiver described in section 1332A(b)(1) of such Act, subsection (b)(3)(C) shall be applied as if the adjusted monthly premium calculated under such subsection were multiplied by the ratio of the full actuarial value of the benefits provided under the plan being offered to the full actuarial value of essential health benefits. ``(4) Eliminating certain requirements in the case of an exchange waiver.--In the case of a State that has in effect an exchange waiver described in section 1332A(b)(2) of such Act for a coverage month, the following shall apply: ``(A) Eliminating exchange references.--Subsections (b)(2)(A), (c)(2)(A)(i), (d)(3)(B), and (e)(3) shall be applied by treating the permissible health plan as if it were offered through an Exchange. ``(B) Applicable second lowest cost silver plan.-- Subsection (b)(3)(B) shall be applied by substituting-- ``(i) `qualified health plan for which, if the adjusted monthly premium, taking into account subsection (g)(3), were multiplied by the ratio of 70 percent to the level of coverage expressed as a percent of the full actuarial value of the benefits provided under the plan, the product of such multiplication would be the second lowest such product for any plan offered in' for `second lowest cost silver plan of', and ``(ii) `is offered in such rating area' for `is offered through the same Exchange through which the qualified health plans taken into account under paragraph (2)(A) were offered'. ``(C) Information requirement.--In the case of a permissible health plan which is not offered through an Exchange, such plan shall provide to the Secretary and to the individual enrolled in the plan the information described in subsection (f)(3) with respect to such plan and such individual. ``(5) Special rule for part-time resident taxpayers with income above 300 percent of fpl.--In the case of a taxpayer who, during a taxable year, obtains coverage with respect to a 1332A State and with respect to a State which is not a 1332A State, paragraph (1) shall not apply and the premium assistance amount (otherwise determined under subsection (b)(2)) for such taxpayer for a coverage month shall be 0 if-- ``(A) the household income of the taxpayer for the taxable year equals or exceeds 300 percent of an amount equal to the poverty line for a family of the size involved, and ``(B) the taxpayer receives coverage with respect to a section 1332A State for such coverage month. ``(6) Section 1332a state defined.--For purposes of this subsection, the term `section 1332A State' means a State has in effect a waiver under section 1332A of the Patient Protection and Affordable Care Act.''. (2) Reduced cost-sharing.--Section 1402(f) of the Patient Protection and Affordable Care Act (42 U.S.C. 18071(f)) is amended by adding at the end the following: ``(4) 1332A waivers.--If a State has in effect a waiver under 1332A, the following shall apply with respect to a coverage month with respect to individuals residing in the State on the first of the month: ``(A) Eliminating reduced cost-sharing for individuals with income above 300 percent of fpl.--No individual whose household income exceeds 300 percent of the poverty line for a family of the size involved may be considered an eligible insured under this section. ``(B) Permissible health plans.--For the purposes of this section, a permissible health plan, as defined in section 1332A(c)(A), shall be treated as a qualified health plan. ``(C) Exchange waiver.--If a State has in effect an exchange waiver described in section 1332A(b)(2), subsections (b)(1), (d)(1), and (e)(3) shall apply as if there were no references to an Exchange.''. (c) Acceleration of Innovation Waivers.--Section 1332(a)(1) of the Patient Protection and Affordable Care Act (42 U.S.C. 18052) is amended, in the matter preceding subparagraph (A), by striking ``January 1, 2017'' and inserting ``the date of the enactment of the State Health Care Options Act of 2015''.

State Health Care Options Act of 2015 This bill amends the Patient Protection and Affordable Care Act (PPACA) and the Internal Revenue Code to modify the process for state innovation waivers. (Under current law, the Department of Health and Human Services [HHS] and the Department of the Treasury may approve a state's request to waive specific provisions of PPACA if the state proposal provides health care access that is comparable to what would exist without a waiver and does not increase the federal deficit.) The bill expedites the approval process for: a health-flex waiver from requirements for qualified health plans and essential health benefits; and an exchange waiver to assume responsibility for certain functions of the exchanges, including the certification of permissible health plans. If a state submits to HHS a notice of its intent to implement one or both of the waivers, the waivers shall be deemed to be approved and effective. The notice must include the years for which the waiver shall be effective (which may be indefinite), an assurance the state will comply with reporting requirements, and other specified details. A state may not waive PPACA requirements related to coverage for preexisting conditions and the extension of coverage for adult children. States with exchange waivers may certify permissible health plans that residents may purchase outside of an exchange, if the plans meet specified requirements regarding benefits, levels of coverage, transparency of premium justifications, and information. Taxpayers in waiver states that are living at or below 300% of the federal poverty level (400% under current law) may receive health insurance subsidies under PPACA.

State Health Care Options Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Beneficiary Health Coverage Notification Rights Act of 1999''. SEC. 2. NOTIFICATION OF DISCONTINUATION OF HEALTH INSURANCE COVERAGE TO PARTICIPANTS AND BENEFICIARIES. (a) Group Health Plans.-- (1) Public health service act amendment.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. PROHIBITION OF RETROACTIVE TERMINATION; ADVANCE NOTIFICATION OF DISCONTINUATION OF HEALTH INSURANCE COVERAGE TO PARTICIPANTS AND BENEFICIARIES. ``A health insurance issuer offering group health insurance coverage in connection with a group health plan may not terminate the coverage with respect to the plan (or allow the coverage to lapse) because the plan failed to pay to the issuer premiums necessary to maintain the coverage unless the issuer, at least 30 days before the effective date of termination or lapse of the coverage, provides written notice to each participant or beneficiary whose coverage would so terminate or lapse, indicating the fact and effective date of such termination or lapse of coverage.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (2) ERISA amendment.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. PROHIBITION OF RETROACTIVE TERMINATION; ADVANCE NOTIFICATION OF DISCONTINUATION OF HEALTH INSURANCE COVERAGE TO PARTICIPANTS AND BENEFICIARIES. ``A health insurance issuer offering group health insurance coverage in connection with a group health plan may not terminate the coverage with respect to the plan (or allow the coverage to lapse) because the plan failed to pay to the issuer premiums necessary to maintain the coverage unless the issuer, at least 30 days before the effective date of termination or lapse of the coverage, provides written notice to each participant or beneficiary whose coverage would so terminate or lapse, indicating the fact and effective date of such termination or lapse of coverage.''. (B) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Prohibition of retroactive termination; advance notification of discontinuation of health insurance coverage to participants and beneficiaries.''. (b) Effective Date.--The amendments made by subsection (a) apply with respect to terminations and lapses of coverage occurring on or after the first day of the first month that begins more than 60 days after the date of the enactment of this Act, regardless of the effective date of such terminations and lapses, but do not apply to terminations and lapses for which notice has been provided before such first day. SEC. 3. DEEMING PERIOD OF HEALTH INSURANCE COVERAGE FOR PARTICIPANTS AND BENEFICIARIES BETWEEN DISCONTINUATION AND NOTICE OF DISCONTINUATION OF COVERAGE. (a) Group Health Plans.-- (1) Public health service act amendments.-- (A) Section 2701(c) of the Public Health Service Act (42 U.S.C. 300gg(c)) is amended by adding at the end the following new paragraph: ``(5) Deeming period of coverage for participants and beneficiaries between discontinuation and notice of discontinuation of coverage.-- ``(A) In general.--If-- ``(i)(I) a health insurance issuer offering group health insurance coverage in connection with a group health plan terminates the coverage with respect to the plan (or allows the coverage to lapse), or (II) coverage under a group health plan is terminated; and ``(ii) a participant or beneficiary whose coverage is so terminated or lapsed only receives notice of such termination or lapse after the date that the termination or lapse takes effect, for the purposes described in subparagraph (B), such individual shall be treated as being covered under the terminated or lapsed group health insurance coverage or group health plan during the deeming period, as defined in subparagraph (C). ``(B) Application.--Subparagraph (A) shall apply-- ``(i) for purposes of this part (including for purposes of reducing pre-existing condition exclusion periods and avoiding a significant break in coverage); and ``(ii) for purposes of applying any State law that provides for a conversion or any other health insurance option based on (or taking into account) loss of group health insurance coverage or loss of coverage under a group health plan. ``(C) Deeming period defined.--For purposes of this paragraph, the term `deeming period' is the period beginning on the effective date of the termination or lapse of coverage described in subparagraph (A)(i) and ending on the date on which the participant or beneficiary receives notice described in subparagraph (A)(ii). ``(D) No entitlement to benefits during deeming period.--Nothing in this paragraph shall be construed as entitling any individual to any benefits under the plan or coverage during the deeming period.''. (B) Section 2701(f)(1)(D) of such Act (42 U.S.C. 300gg(f)(1)(D)) is amended by inserting before the period ``or if later, the date the employee is notified of such termination''. (2) ERISA amendments.-- (A) Section 701(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(c)) is amended by adding at the end the following new paragraph: ``(5) Deeming period of coverage for participants and beneficiaries between discontinuation and notice of discontinuation of coverage.-- ``(A) In general.--If-- ``(i)(I) a health insurance issuer offering group health insurance coverage in connection with a group health plan terminates the coverage with respect to the plan (or allows the coverage to lapse), or (II) coverage under a group health plan is terminated; and ``(ii) a participant or beneficiary whose coverage is so terminated or lapsed only receives notice of such termination or lapse after the date that the termination or lapse takes effect, for the purposes described in subparagraph (B), such individual shall be treated as being covered under the terminated or lapsed group health insurance coverage or group health plan during the deeming period, as defined in subparagraph (C). ``(B) Application.--Subparagraph (A) shall apply for purposes of this part (including for purposes of reducing pre-existing condition exclusion periods and avoiding a significant break in coverage). ``(C) Deeming period defined.--For purposes of this paragraph, the term `deeming period' is the period beginning on the effective date of the termination or lapse of coverage described in subparagraph (A)(i) and ending on the date on which the participant or beneficiary receives notice described in subparagraph (A)(ii). ``(D) No entitlement to benefits during deeming period.--Nothing in this paragraph shall be construed as entitling any individual to any benefits under the plan or coverage during the deeming period.''. (B) Section 701(f)(1)(D) of such Act (29 U.S.C. 1181(f)(1)(D)) is amended by inserting before the period ``or if later, the date the employee is notified of such termination''. (3) Internal revenue code amendments.--Section 9801(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Deeming period of coverage for participants and beneficiaries between discontinuation and notice of discontinuation of coverage.-- ``(A) In general.--If-- ``(i)(I) a health insurance issuer offering group health insurance coverage in connection with a group health plan terminates the coverage with respect to the plan (or allows the coverage to lapse), or (II) coverage under a group health plan is terminated; and ``(ii) a participant or beneficiary whose coverage is so terminated or lapsed only receives notice of such termination or lapse after the date that the termination or lapse takes effect, for the purposes described in subparagraph (B), such individual shall be treated as being covered under the terminated or lapsed group health insurance coverage or group health plan during the deeming period, as defined in subparagraph (C). ``(B) Application.--Subparagraph (A) shall apply for purposes of this part (including for purposes of reducing pre-existing condition exclusion periods and avoiding a significant break in coverage). ``(C) Deeming period defined.--For purposes of this paragraph, the term `deeming period' is the period beginning on the effective date of the termination or lapse of coverage described in subparagraph (A)(i) and ending on the date on which the participant or beneficiary receives notice described in subparagraph (A)(ii). ``(D) No entitlement to benefits during deeming period.--Nothing in this paragraph shall be construed as entitling any individual to any benefits under the plan or coverage during the deeming period.''. (B) Section 9801(f)(1)(D) of such Code is amended by inserting before the period ``or if later, the date the employee is notified of such termination''. (b) Effective Date.--The amendments made by subsection (a) apply with respect to terminations and lapses of coverage occurring on or after the first day of the first month that begins after the date of the enactment of this Act, regardless of the effective date of such terminations and lapses, but do not apply to terminations and lapses for which notice has been provided before such first day.

Amends such Acts and the Internal Revenue Code to deem any participant or beneficiary notified of a group health plan termination or lapse only after the fact to have been covered during the deeming period between the effective date of the termination or lapse and the date of notification. Limits the application of the deeming period to certain purposes, including reduction of pre-existing condition exclusion periods and avoidance of a significant break in coverage. Declares that nothing in this Act shall be construed as entitling any individual to any plan or coverage benefits during such deeming period.

Beneficiary Health Coverage Notification Rights Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Make It in America Block Grant Program Act of 2011''. SEC. 2. ESTABLISHMENT OF MAKE IT IN AMERICA BLOCK GRANT PROGRAM. Not later than 120 days after the date of enactment of this Act, the Secretary of Commerce shall establish a Make It in America Block Grant Program (in this Act referred to as the ``program''), under which the Secretary is authorized to make grants to support the manufacturing industry. SEC. 3. GRANTS. (a) Grant Uses.--A grant made by the Secretary of Commerce under the program shall be used by the recipient of the grant to assist, through grants made to third parties, any of the following activities: (1) Retooling or retrofitting a small- or medium-sized manufacturer, including with respect to equipment, facilities, infrastructure, or capital. (2) Diversifying the business plan of a small- or medium- sized manufacturer to advance the production of clean energy technology products or components, energy efficient products or components, high-technology products or components, or other advanced products (as defined by the Secretary). (3) Improving the energy efficiency of a manufacturing facility of a small- or medium-sized manufacturer. (4) Retraining the employees of a small- or medium-sized manufacturer to-- (A) provide skills necessary to operate new or advanced manufacturing equipment; or (B) sustain or improve the processes of that manufacturer. (5) Training new employees of a small- or medium-sized manufacturer, including through on-the-job training. (6) Providing capital and technical expertise to a small- or medium-sized manufacturer to expand the export opportunities of that manufacturer. (7) Any other project that the Secretary determines is appropriate to support the manufacturing industry, including the establishment of a revolving loan fund to provide loans to small- or medium-sized manufacturers to finance the costs of activities described in paragraphs (1) through (6). (b) Eligible Entities.-- (1) In general.--The following entities are eligible to receive a grant under the program: (A) A State meeting the requirements of paragraph (2). (B) A covered unit of local government meeting the requirements of paragraph (2). (C) An Indian tribe meeting the requirements of paragraph (2). (D) A State, unit of local government, Indian tribe, or consortium of such entities without regard to whether the requirements of paragraph (2) are met. (2) Unemployment.--An entity meets the requirements of this paragraph if-- (A) the entity experienced a seasonally adjusted unemployment rate of at least 10 percent for any 6 consecutive months during the period beginning on January 1, 2007, and ending on December 31, 2010 (as determined by the Secretary of Commerce in consultation with the Secretary of Labor); or (B) the entity experienced a cumulative decline in employment in the manufacturing sector greater than or equal to 15 percent during the period beginning on January 1, 2007, and ending on December 31, 2010 (as determined by the Secretary of Commerce in consultation with the Secretary of Labor). (c) Allocation of Grant Funds.--In making grants each fiscal year, the Secretary may-- (1) use not more than 48 percent of the amounts made available for grants under the program that fiscal year to make grants to entities described in subsection (b)(1)(A); (2) use not more than 48 percent of the amounts made available for grants under the program that fiscal year to make grants to entities described in subsection (b)(1)(B); (3) use not more than 2 percent of the amounts made available for grants under the program that fiscal year to make grants to entities described in subsection (b)(1)(C); and (4) use not more than 2 percent of the amounts made available for grants under the program that fiscal year to make grants to entities described in subsection (b)(1)(D). (d) Priority for Certain Entities.--In providing grants to entities described in subsection (b)(1)(D), the Secretary shall give priority to an entity that experienced a seasonally adjusted unemployment rate that was at least 97 percent of the national seasonally adjusted unemployment rate for any 3 consecutive months during the most recently completed fiscal year. (e) Prohibition on Grants to Certain Covered Units of Local Government.--A covered unit of local government may not receive a grant under the program if located within a State that has received a grant under the program. SEC. 4. REQUIREMENTS FOR GRANT RECIPIENTS. (a) Application Process.--To receive a grant under the program, an entity eligible for a grant under section 3(b) shall submit to the Secretary of Commerce an application at such time, in such manner, and containing such information as the Secretary may require, but which shall include at least the plan of that entity to carry out, through grants made to third parties, an activity described in section 3(a). (b) Proposed Manufacturing Enhancement Strategy.--Not later than 6 months after the date on which an entity eligible for a grant under section 3(b) receives notice that it has been awarded a grant under the program, the entity shall submit to the Secretary a proposed manufacturing enhancement strategy, which shall include-- (1) a description of the plans of the entity to make grants to third parties with grant funds; (2) a description of the goals with respect to such grants, including-- (A) the number of jobs to be created or retained by third-party grant recipients; (B) the sales to be increased or retained by third- party grant recipients; (C) the cost savings to be achieved by third-party grant recipients due to energy efficiency savings; and (D) the workforce training investments to be made by third-party grant recipients, including-- (i) the number of training hours to be provided; (ii) the professional certifications to be obtained; and (iii) other industry standards to be met that demonstrate the attainment of proficiency with respect to a skill or procedure; (3) a written assurance that the entity intends to establish a Make It in America Partnership Board-- (A) to make grants to third parties; and (B) which shall be comprised of, to the extent practicable, representatives of-- (i) economic development organizations and agencies; (ii) departments of labor; (iii) workforce investment boards and agencies; (iv) institutions of higher education, including community colleges run by a State; and (v) the manufacturing extension partnership program of the National Institute of Standards and Technology; and (4) a description of the plans of the entity to foster, through the Make It in America Partnership Board, collaboration between State and local economic development organizations and agencies, State and local workforce development organizations and agencies, small- or medium-sized manufacturers, and institutions of higher education (including community colleges run by a State) to-- (A) improve resource allocation, including through identification of-- (i) opportunities to leverage public and private funding; and (ii) Federal funding and programs available to small- or medium-sized manufacturers; and (B) ensure comprehensive counseling, technical assistance, workforce development, and export assistance are provided to small- or medium-sized manufacturers. (c) Approval of Proposed Manufacturing Enhancement Strategies.-- (1) In general.--The Secretary shall approve or disapprove a proposed manufacturing enhancement strategy submitted under subsection (b) not later than 90 days after the date on which the Secretary receives such strategy. (2) Disbursement of grant funds prohibited without approval.--The Secretary shall not disburse to an entity awarded a grant under the program the grant funds relating to that grant until the proposed manufacturing enhancement strategy of that entity has been approved by the Secretary. (3) Opportunity for resubmission.--If the Secretary does not approve a proposed manufacturing enhancement strategy submitted under subsection (b), the Secretary shall provide to the entity that submitted the strategy-- (A) the reasons for disapproval; and (B) an opportunity to revise and resubmit the strategy until such strategy is approved. (d) Local Governments.--In developing a proposed manufacturing enhancement strategy under subsection (b), a covered unit of local government shall share information relating to potential grant activities with the State that includes that government to ensure the maximization of resources made available to small- or medium-sized manufacturers. (e) Administrative Expenses.--With respect to a grant, a grant recipient may use for the administrative expenses of the recipient an amount that is not more than the greater of-- (1) 10 percent of the grant amount received; or (2) $75,000. (f) Annual Reports.--Not later than one year after the date on which grant funds are received by a grant recipient under the program, and annually thereafter, the grant recipient shall submit to the Secretary a report describing-- (1) grants made by the grant recipient to third parties with grant funds; and (2) achievements with respect to the goals identified in the proposed manufacturing enhancement strategy of the grant recipient. SEC. 5. STATE AND LOCAL ADVISORY COMMITTEE. The Secretary of Commerce shall establish an advisory committee to advise the Secretary with respect to implementing and evaluating the program, which shall be comprised of-- (1) individuals representing State and local entities; (2) the Secretary of Labor; and (3) other individuals determined appropriate for inclusion by the Secretary. SEC. 6. REVIEW AND EVALUATION. (a) Grant Recipients.--The Secretary of Commerce may review and evaluate the performance of a grant recipient under the program as the Secretary determines appropriate. (b) Ineligibility for Future Grants.--The Secretary may determine a grant recipient to be ineligible to receive additional grants under the program if the Secretary determines that the grant recipient has failed to achieve compliance with-- (1) any applicable guideline or regulation of the Secretary relating to the program, including with respect to the misuse or misappropriation of funds provided under the program; or (2) the proposed manufacturing enhancement strategy of the grant recipient. SEC. 7. GAO STUDY AND REPORT. (a) Study.--The Comptroller General shall conduct a study on the program, which shall include an analysis of-- (1) grants made by the Secretary of Commerce under the program; (2) grants made to third parties by the recipients of grants made by the Secretary under the program; (3) outcomes relating to proposed manufacturing enhancement strategies submitted to the Secretary; (4) administrative costs relating to the program; (5) activities of the Secretary, the recipients of grants made by the Secretary, and third party grant recipients under the program, including whether the activities of those entities are accomplishing the purposes of this Act; and (6) other information determined appropriate by the Comptroller General for assessing the performance and financial accountability of the program. (b) Report.--Not later than 2 years after the date on which the Secretary makes the first grant under the program, and every 2 years thereafter, the Comptroller General shall submit to Congress a report describing the results of the study conducted under subsection (a), which shall include any recommendations the Comptroller General determines are appropriate for modifying the program. (c) Access to Records.-- (1) In general.--For purposes of conducting the study under subsection (a), the Comptroller General, and any duly authorized representative of the Comptroller General, shall be permitted to access, examine, and copy any documents, records, and other recorded information-- (A) within the possession or control of-- (i) the recipient of a grant made by the Secretary under the program; or (ii) the recipient of a grant made by an entity described in clause (i) with grant funds; and (B) determined by the Comptroller General, or the duly authorized representative of the Comptroller General, to be relevant to the study. (2) Proprietary information.--The Comptroller General may not make proprietary information obtained under this section available to the public without the consent of the party to whom the information belongs. SEC. 8. DEFINITIONS. In this Act, the following definitions apply: (1) Covered unit of local government.--The term ``covered unit of local government'' means a unit of a government of-- (A) a municipality-- (i) with a population of at least 50,000 individuals; or (ii) with a population that is less than 50,000 individuals, but that is one of the 10 largest municipalities by population in the State including that municipality; or (B) a county-- (i) with a population of at least 200,000 individuals; or (ii) with a population that is less than 200,000 individuals, but that is one of the 10 largest counties by population in the State including that county. (2) Indian tribe.--The term ``Indian tribe'' has the meaning given that term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (3) Manufacturer.--The term ``manufacturer'' shall be defined by the Secretary of Commerce in accordance with the North American Industry Classification System. (4) Small- or medium-sized manufacturer.--The term ``small- or medium-sized manufacturer'' means a manufacturer that, as determined by the Secretary of Commerce-- (A) employs not more than 500 full-time equivalent employees at a manufacturing facility; and (B) is not owned or controlled by an automobile manufacturer or other large manufacturer. (5) State.--The term ``State'' means each of the 50 States, the District of Columbia, and any territory or possession of the United States. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary of Commerce for making grants under the program such sums as may be necessary. (b) Administrative Expenses.--There are authorized to be appropriated to the Secretary for administrative expenses relating to the program such sums as may be necessary. (c) Sense of Congress.--It is the sense of Congress that amounts made available to carry out the program should supplement and not replace other funding provided by Federal departments and agencies to support the manufacturing industry.

Make It in America Block Grant Program Act of 2011 - Directs the Secretary of Commerce to establish a Make It in America Block Grant Program under which the Secretary is authorized to make grants to eligible entities to support the U.S. manufacturing industry. Allows such grants to be used, with respect to small and medium-sized manufacturers, for: (1) retooling or retrofitting, (2) business plan diversification, (3) improving energy efficiency, (4) employee training and retraining, and (5) the provision of capital and technical expertise. Outlines provisions concerning eligible entities, the allocation of grant funds, and requirements for grant recipients, including the submission of a proposed manufacturing enhancement strategy. Directs the Secretary to establish an advisory committee for advice in implementing and evaluating the program. Authorizes the Secretary to review and evaluate recipient performance under the program. Requires the Comptroller General to study the program, and report study results to Congress. Expresses the sense of Congress that program amounts should supplement and not replace other funding provided by federal departments and agencies to support the manufacturing industry.

To direct the Secretary of Commerce to establish a Make It in America Block Grant Program, and for other purposes.

SECTION 1. RETIREMENT CREDIT FOR CERTAIN GOVERNMENT SERVICE PERFORMED ABROAD. Subject to section 2(a), credit under chapter 84 of title 5, United States Code, shall be allowed for any service performed by an individual if or to the extent that-- (1) it was performed by such individual-- (A) after December 31, 1988, and before May 24, 1998; (B) at a United States diplomatic mission, consular mission (other than a consular agency), or other Foreign Service post abroad; and (C) under a temporary appointment pursuant to sections 309 and 311 of the Foreign Service Act of 1980 (22 U.S.C. 3949 and 3951); (2) at the time of performing such service, such individual would have satisfied all eligibility requirements under regulations of the Department of State (as in effect on the date of the enactment of this Act) for a family member limited noncareer appointment (within the meaning of such regulations, as in effect on such date of enactment), except that, in applying this paragraph, an individual not employed by the Department of State while performing such service shall be treated as if then so employed; (3) such service would have been creditable under section 8411(b)(3) of such title 5 if-- (A) it had been performed before January 1, 1989; and (B) the deposit requirements of section 8411(f) of such title 5 had been met with respect to such service; (4) such service would not otherwise be creditable under the Federal Employees' Retirement System or any other retirement system for employees of the United States Government (disregarding title II of the Social Security Act); and (5) the total amount of service performed by such individual (satisfying paragraphs (1) through (4)) is not less than 90 days. SEC. 2. REQUIREMENTS. (a) Requirements of the Individual.--In order to receive credit under chapter 84 of title 5, United States Code, for any service described in section 1, the individual who performed such service (or, if deceased, any person who is or would be eligible for a survivor annuity under the Federal Employees' Retirement System based on the service of such individual)-- (1) shall file a written application with the Office of Personnel Management no later than 36 months after the effective date of the regulations prescribed to carry out this Act (as specified in those regulations); and (2) shall remit to the Office (for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund) the total amount that, under section 8422 of such title 5, should have been deducted from the basic pay of such individual for such service if such service had then been creditable under such chapter 84. (b) Government Contributions.-- (1) In general.--In addition to any other payment that it is required to make under chapter 84 of title 5, United States Code, a department, agency, or other instrumentality of the United States shall remit to the Office of Personnel Management (for deposit in the Treasury of the United States to the credit of the Fund) the amount described in paragraph (2). (2) Amount described.--The amount described in this paragraph is, with respect to a remittance under subsection (a), the total amount of Government contributions that would, under section 8423 of title 5, United States Code, have been required of the instrumentality involved (to the extent that it was the employing entity during the period of service to which such remittance relates) in connection with such service. (3) Special rule.--If an amount cannot be remitted under this subsection because an instrumentality has ceased to exist, such amount shall instead be treated as part of the supplemental liability referred to in section 8423(b)(1) (A) or (B) of title 5, United States Code (whichever would be appropriate). (c) Related Requirements.--Any remittance under subsection (a) or (b)-- (1) shall be made in such time, form, and manner as the Office of Personnel Management may by regulation require; and (2) shall be computed with interest (in accordance with section 8334(e) of title 5, United States Code, and such requirements as the Office may by regulation prescribe). (d) Notification and Assistance Requirements.-- (1) In general.--The Office of Personnel Management shall take such action as may be necessary and appropriate to inform individuals entitled to have any service credited under this Act, or to have any annuity computed or recomputed under this Act, of their entitlement to such credit, computation, or recomputation. (2) Assistance to individuals.--The Office shall, on request, assist any individual referred to in paragraph (1) in obtaining from any department, agency, or other instrumentality of the United States such information in the possession of such instrumentality as may be necessary to verify the entitlement of such individual to have any service credited, or to have any annuity computed or recomputed, pursuant to this Act. (3) Assistance from instrumentalities.--Any department, agency, or other instrumentality of the United States which possesses any information with respect to any service described in section 1 shall, at the request of the Office, furnish such information to the Office. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``Civil Service Retirement and Disability Fund'' or ``Fund'' means the Civil Service Retirement and Disability Fund under section 8348 of title 5, United States Code; (2) the term ``abroad'' has the meaning given such term under section 102 of the Foreign Service Act of 1980 (22 U.S.C. 3902); (3) the term ``temporary appointment'' means an appointment that is limited by its terms to a period of one year or less; and (4) the term ``basic pay'' has the meaning given such term under section 8401 of title 5, United States Code. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act shall be considered to permit or require the making of any contributions to the Thrift Savings Fund that would not otherwise have been permitted or required had this Act not been enacted. SEC. 5. APPLICABILITY. (a) Annuities Commencing On or After Effective Date of Implementing Regulations.--An annuity or survivor annuity-- (1) which is based on the service of an individual who performed service described in section 1, and (2) which commences on or after the effective date of the regulations prescribed to carry out this Act (as determined under section 2(a)(1)), shall (subject to section 2(a)) be computed taking into account all service described in section 1 that was performed by such individual. (b) Annuities With Commencement Date Preceding Effective Date of Implementing Regulations.-- (1) Recomputation cases.--An annuity or survivor annuity-- (A) which is based on the service of an individual who performed service described in section 1, and (B) which commences before the effective date referred to in subsection (a)(2), shall (subject to section 2(a)) be recomputed taking into account all service described in section 1 that was performed by such individual. (2) Other cases.--An annuity or survivor annuity-- (A) which is based on the service of an individual who performed service described in section 1, (B) the requirements for entitlement to which could not be met without taking into account service described in section 1, and (C) which (if service described in section 1 had been taken into account, and an appropriate application been submitted) would have commenced before the effective date referred to in subsection (a)(2), shall (subject to section 2(a)) be computed taking into account all service described in section 1 that was performed by such individual. (3) Retroactive effect.--Any computation or recomputation of an annuity or survivor annuity pursuant to this subsection shall-- (A) if pursuant to paragraph (1), be effective as of the commencement date of the annuity or survivor annuity involved; and (B) if pursuant to paragraph (2), be effective as of the commencement date that would have applied if application for the annuity or survivor annuity involved had been submitted on the earliest date possible in order for it to have been approved. (4) Lump-sum payment.--Any amounts which by virtue of paragraph (3) are payable for any months preceding the first month (on or after the effective date referred to in subsection (a)(2)) as of which annuity or survivor annuity payments become payable fully reflecting the computation or recomputation under paragraph (1) or (2) (as the case may be) shall be payable in the form of a lump-sum payment. (5) Order of precedence.--Section 8424(d) of title 5, United States Code, shall apply in the case of any payment under paragraph (4) payable to an individual who has died. SEC. 6. IMPLEMENTATION. The Office of Personnel Management, in consultation with the Secretary of State, shall prescribe such regulations and take such action as may be necessary and appropriate to implement this Act.

Allows credit under the Federal Employees' Retirement System for temporary Government service which was performed abroad after December 31, 1988 and before May 24, 1998, at a U.S. diplomatic mission, consular mission, or other Foreign Service post.Directs the Office of Personnel Management to inform individuals entitled to have any service credited under this Act or to have any annuity computed or recomputed under this Act.Sets forth requirements for the computation or recomputation of annuities or survivor annuities as necessitated by this Act.

A bill to allow credit under the Federal Employees' Retirement System for certain Government service which has performed abroad after December 31, 1988, and before May 24, 1998.

SECTION 1. FINDINGS. The Congress finds the following: (1) The Pocosin Lakes National Wildlife Refuge, located in northeastern North Carolina, provides unique opportunities for observing and interpreting the biological richness of the region's estuaries and wetlands. (2) Although there are 10 national wildlife refuges in eastern North Carolina, not one has an educational or interpretative center for visitors. (3) The State of North Carolina, Tyrrell County, the town of Columbia, the Conservation Fund, and private citizens have proposed to enter into a partnership with the United States Fish and Wildlife Service to establish an educational and interpretative facility to be known as the Center for the Sounds. (4) Establishment of the Center for the Sounds would bestow economic benefits upon Tyrrell County and the town of Columbia. (5) The Federal Government has designated the Albemarle- Pamlico estuary system of northeastern North Carolina as an estuary of national concern. SEC. 2. FURTHER FINDINGS. The Congress further finds and declares the following: (1) Throughout his congressional career, the Honorable Walter B. Jones was a strong supporter of the National Wildlife Refuge System. (2) During his years of service in the House of Representatives, Walter B. Jones supported the establishment and expansion of National Wildlife Refuges in eastern North Carolina; these include 6 new National Wildlife Refuges established in his district, including the Alligator River National Wildlife Refuge and the Pocosin Lakes National Wildlife Refuge, which are respectively the third largest and fifth largest National Wildlife Refuges east of the Mississippi River. (3) Walter B. Jones helped increase refuge acreage in his district by over 303,000 acres, thus ensuring the protection of these lands for wildlife habitat and public recreation. (4) Walter B. Jones' support for reintroducing endangered red wolves into the wild at Alligator River National Wildlife Refuge was a major factor in securing public acceptance of, and support for, this first successful effort to reintroduce endangered predators into formerly occupied habitat. (5) Walter B. Jones devoted much of his congressional career, including his years as Chairman of the Merchant Marine and Fisheries Committee, to the conservation of fish and wildlife, for the benefit of the Nation and the people of North Carolina. (6) Walter B. Jones should most appropriately be recognized for his work on behalf of fish and wildlife conservation by having the Center for the Sounds at the Pocosin Lakes National Wildlife Refuge System named in his honor. SEC. 3. AUTHORITY TO CONSTRUCT AND OPERATE FACILITY. (a) In General.--The Secretary of the Interior may, subject to the availability of appropriations, construct and operate the Walter B. Jones Center for the Sounds at the Pocosin Lakes National Wildlife Refuge in Tyrrell County, North Carolina, for the following purposes: (1) Providing public opportunities, facilities, and resources to study the natural history and natural resources of northeastern North Carolina. (2) Offering a variety of environmental educational programs and interpretive exhibits. (3) Fostering an awareness and understanding of the interactions among wildlife, estuarine and wetland ecosystems, and human activities. (4) Providing office space and facilities for refuge administration, research, education, and related activities. SEC. 4. DESIGN. The Secretary of the Interior shall ensure that the design, size, and location of a facility constructed under this Act are consistent with the cultural and natural history of the area with which the facility will be concerned. SEC. 5. COST SHARING. The Secretary of the Interior may accept contributions of funds from non-Federal sources to pay the costs of operating and maintaining the facility authorized under this Act, and shall take appropriate steps to seek to obtain such contributions. SEC. 6. REPORT. Not later than 6 months after the date of the enactment of this Act, the Secretary of the Interior shall submit a report to the Congress on progress made in designing and constructing a facility under this Act, including steps taken under section 5 to obtain contributions and any such contributions that have been pledged to or received by the United States. Passed the House of Representatives September 21, 1993. Attest: DONNALD K. ANDERSON, Clerk.

Authorizes the Secretary of the Interior to construct and operate the Walter B. Jones Center for the Sounds at the Pocosin Lakes National Wildlife Refuge in Tyrrell County, North Carolina, to: (1) provide public opportunities, facilities, and resources to study the natural history and natural resources of northeastern North Carolina; (2) offer a variety of environmental educational programs and interpretive exhibits; (3) foster an awareness and understanding of the interactions among wildlife, estuarine and wetland ecosystems, and human activities; and (4) provide office space and facilities for refuge administration, research, education, and related activities. Directs the Secretary to ensure that the design, size, and location of a facility constructed under this Act are consistent with the cultural and natural history of the area with which the facility will be concerned. Authorizes the Secretary to accept contributions of funds from non-Federal sources to pay the costs of operating and maintaining the facility authorized under this Act. Directs the Secretary to take appropriate steps to obtain such contributions. Sets forth reporting requirements.

To authorize the Secretary of the Interior to construct and operate the Walter B. Jones Center for the Sounds at the Pocosin Lakes National Wildlife Refuge.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Religious Freedom and a Woman's Access to Contraception Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Instead of restricting Americans' religious freedoms, Congress should preserve a woman's ability to make contraceptive decisions for herself. (2) The freedom of religion is the first freedom listed in the First Amendment to the Constitution of the United States, and Congress has a strong interest in protecting the free exercise of religion for Americans of all faiths. (3) The Religious Freedom Restoration Act of 1993 was signed by President Clinton on November 16, 1993, after passing the House of Representatives unanimously and passing the Senate with the votes of 97 Senators, including 16 currently serving Senators and the Vice President. (4) Title VII of the Civil Rights Act of 1964 provides important protections against discrimination on the basis of race, color, religion, sex, or national origin. (5) The Health Insurance Portability and Accountability Act and amendments made by that Act establish comprehensive protections to ensure that any medications used by or prescribed for an individual are not disclosed to an employer in its capacity as an employer. (6) The Food and Drug Administration has found a number of contraceptives to be proven safe and effective at preventing pregnancies as well as in managing certain medical conditions. (7) There are 5 programs, including the Medicaid program, carried out by the Department of Health and Human Services that provide access to contraception for low-income women. (8) Federal and State government spending for contraceptive services totaled $2,370,000,000 in fiscal year 2010 and the Medicaid program financed 75 percent of government spending for family planning. (9) More than 19,000,000 women were eligible for government-supported contraceptive services in 2010. (10) Even before Obamacare mandated that employers fully subsidize employees' contraception, women had wide access to Food and Drug Administration-approved contraception and such contraception was covered by insurance at over 85 percent of large businesses. (11) Now, Obamacare's various requirements cause an unprecedented intrusion of government mandates into Americans' personal health care decisions, including unprecedented Federal mandates that employers become involved in those decisions, and the individual mandate, which requires individuals to purchase health insurance or pay a penalty. (12) Obamacare has created an enormous disruption in the personal health insurance options of millions of Americans whose health insurance plans were cancelled or whose preferred doctors were not included in their new health insurance plan networks. (13) The Congressional Budget Office estimates that Obamacare could reduce employment by the equivalent of 2,000,000 jobs over the next 10 years. (14) One of Obamacare's mandates places 2,600,000 Americans, nearly two-thirds of them women, at risk of having their hours and wages reduced, according to the Hoover Institution. (15) Obamacare's cuts to the Medicare Advantage program and other regulatory actions could reduce the average benefit for women who rely on the program by $1,538 per year, or 13 percent. (16) Obamacare's payroll tax increase creates an inequitable tax penalty for married working women. (17) Obamacare places limitations on health savings accounts, flexible spending accounts, and other consumer- directed health savings vehicles, which help approximately 17,400,000 Americans to save for their own health expenses, including contraceptives. (18) The current Administration has granted discretionary compliance waivers from Obamacare to a variety of for-profit businesses, unions, and other organizations. (19) To date, the Department of Health and Human Services has granted more than 1,000 individual waiver requests for employers and insurers, excusing the employers and insurers from compliance with various aspects of the law. SEC. 3. SENSE OF THE SENATE. It is the sense of the Senate that the Food and Drug Administration should study whether contraceptives that are available with a prescription, on the date of enactment of this Act, would be safe and effective for adults if available without a prescription. SEC. 4. EMPLOYEE PROTECTION. Notwithstanding any other provision of law, an employer who is engaged in interstate commerce may not prohibit an employee from purchasing, pursuant to State prescribing and dispensing laws, a drug or medical device, including a contraceptive, that is regulated by the Food and Drug Administration. SEC. 5. EMPOWERING EMPLOYEES TO MAKE HEALTH CHOICES. (a) No Limitations Based on Whether a Drug Is Prescribed.--Section 9003 of the Patient Protection and Affordable Care Act (Public Law 111- 148), and the amendments made by such section, are repealed, and the Internal Revenue Code of 1986 shall be applied as if such section, and amendments, had never been enacted. (b) No Limitations on Health FSAs.--Sections 9005 and 10902 of the Patient Protection and Affordable Care Act (Public Law 111-148) and section 1403 of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and the amendments made by such sections, are repealed, and the Internal Revenue Code of 1986 shall be applied as if such section, and amendments, had never been enacted.

Preserving Religious Freedom and a Woman's Access to Contraception Act - Prohibits employers from restricting employees from purchasing any drug or medical device regulated by the Food and Drug Administration (FDA). Repeals sections of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 to: (1) allow health savings accounts, medical savings accounts, and health flexible spending accounts to be used to pay for non-prescription drugs; and (2) remove the annual limit for salary reduction contributions to a health flexible spending arrangement under a cafeteria plan.

Preserving Religious Freedom and a Woman's Access to Contraception Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights Procedures Protection Act of 1994''. SEC. 2. AMENDMENT TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964. Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) is amended by adding at the end the following: ``exclusivity of powers and procedures ``Sec. 719. Notwithstanding any Federal statute of general applicability that would modify any of the powers and procedures expressly applicable to a claim arising under this title, such powers and procedures shall be the exclusive powers and procedures applicable to such claim unless after such claim arises the claimant voluntarily enters into an agreement to resolve such claim through arbitration or another procedure.''. SEC. 3. AMENDMENT TO THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967. The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.) is amended-- (1) by redesignating sections 16 and 17 as sections 17 and 18, respectively, and (2) by inserting after section 15 the following: ``exclusivity of powers and procedures ``Sec. 16. Notwithstanding any Federal statute of general applicability that would modify any of the powers and procedures expressly applicable to a right or claim arising under this Act, such powers and procedures shall be the exclusive powers and procedures applicable to such right or such claim unless after such right or such claim arises the claimant voluntarily enters into an agreement to resolve such right or such claim through arbitration or another procedure.''. SEC. 4. AMENDMENT TO THE REHABILITATION ACT OF 1973. Section 505 of the Rehabilitation Act of 1973 (29 U.S.C. 795) is amended by adding at the end the following: ``(c) Notwithstanding any Federal statute of general applicability that would modify any of the procedures expressly applicable to a claim based on right under section 501, such procedures shall be the exclusive procedures applicable to such claim unless after such claim arises the claimant voluntarily enters into an agreement to resolve such claim through arbitration or another procedure.''. SEC. 5. AMENDMENT TO THE AMERICANS WITH DISABILITIES ACT OF 1990. Section 107 of the Americans With Disabilities Act of 1990 (42 U.S.C. 12117) is amended by adding at the end the following: ``(c) Notwithstanding any Federal statute of general applicability that would modify any of the powers and procedures expressly applicable to a claim based on a violation described in subsection (a), such powers and procedures shall be the exclusive powers and procedures applicable to such claim unless after such claim arises the claimant voluntarily enters into an agreement to resolve such claim through arbitration or another procedure.''. SEC. 6. AMENDMENT TO SECTION 1977 OF THE REVISED STATUTES OF THE UNITED STATES. Section 1977 of the Revised Statutes of the United States is amended by adding at the end the following: ``(d) Notwithstanding any Federal statute of general applicability that would modify any of the procedures expressly applicable to a right to make and enforce a contract of employment under this section, such procedures shall be the exclusive procedures applicable to a claim based on such right unless after such claim arises the claimant voluntarily enters into an agreement to resolve such claim through arbitration or another procedure.''. SEC. 7. AMENDMENT TO THE EQUAL PAY REQUIREMENT UNDER THE FAIR LABOR STANDARDS ACT OF 1938-. Section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)) is amended by adding at the end the following: ``(5) Notwithstanding any Federal statute of general applicability that would modify any of the powers or procedures expressly applicable to a claim based on violation of this subsection, such powers and procedures shall be the exclusive procedures applicable to such claim unless after such claim arises the claimant voluntarily enters into an agreement to resolve such claim through arbitration or another procedure.''. SEC. 8. AMENDMENT TO THE FAMILY AND MEDICAL LEAVE ACT OF 1993. Title IV of the Family and Medical Leave Act of 1993 (29 U.S.C. 2561 et seq.) is amended by adding at the end the following: ``SEC. 406. EXCLUSIVITY OF REMEDIES. ``Notwithstanding any Federal statute of general applicability that would modify any of the procedures expressly applicable to a claim based on right provided under this Act or under an amendment made by this Act, such procedures shall be the exclusive procedures applicable to such claim unless after such claim arises the claimant voluntarily enters into an agreement to resolve such claim through arbitration or another procedure.''. SEC. 9. AMENDMENT TO TITLE 9 OF THE UNITED STATES CODE. Section 14 of title 9, United States Code, is amended-- (1) by inserting ``(a)'' before ``This'', and (2) by adding at the end the following: ``(b) This chapter shall not apply with respect to a claim of unlawful discrimination in employment if such claim arises from discrimination based on race, color, religion, sex, national origin, age, or disability.''. SEC. 10. APPLICATION OF AMENDMENTS. The amendments made by this Act shall apply with respect to claims arising on and after the date of the enactment of this Act.

Civil Rights Procedures Protection Act of 1994 - Amends specified Federal civil rights statutes (including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, the Americans With Disabilities Act of 1990, the equal pay requirement under the Fair Labor Standards Act of 1938, and the Family and Medical Leave Act of 1993) to prevent the involuntary application of arbitration to claims that arise from unlawful employment discrimination based on race, color, religion, sex, national origin, age, or disability.

Civil Rights Procedures Protection Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``NAFTA Infrastructure Responsibility Act of 1996''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States Customs Service collects over $600,000,000 per year in duties, fees, excise taxes, and fines from crossings of the border of the United States and Mexico; (2) although the United States Customs Service has collected increased duties, merchandise fees, and revenues from other commerce-related activities because of the ratification and implementation of the North American Free Trade Agreement, these increased revenues have not been accompanied by Federal funding for improving transportation facilities along the border of the United States and Mexico to ensure the free and safe flow of trade destined for all States and regions of the United States; (3) because of NAFTA, all 4 States along the border of the United States and Mexico will require significant investments in highway infrastructure capacity and motor carrier safety enforcement at a time when such States face extreme difficulty in obtaining funds to maintain current highway conditions; (4) the full benefits of increased international trade can be realized only if delays at the border of the United States and Mexico are significantly reduced; and (5) the increased revenues described in paragraph (2) should be used to provide Federal funding for transportation improvements required to accommodate NAFTA-generated traffic, in an amount above and beyond regular Federal transportation funding apportionments, obligational authority, and minimum allocation funds under title 23, United States Code, the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240), and other laws. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1) Commercial motor vehicle.--The term ``commercial motor vehicle'' means a motor vehicle that is used in commerce to transport passengers or property and has a gross vehicle weight rating of 26,001 or more pounds. (2) Major mexican border crossing facility.--The term ``major Mexican border crossing facility'' means a Mexican border crossing facility used by 150,000 or more northbound commercial motor vehicles in a calendar year. (3) Mexican border crossing facility.--The term ``Mexican border crossing facility'' means a Federal facility located in the United States that is used to enter the United States from Mexico. (4) Mexican border state.--The term ``Mexican border State'' means California, Arizona, New Mexico, and Texas. (5) Minor mexican border crossing facility.--The term ``minor Mexican border crossing facility'' means a Mexican border crossing facility used by less than 150,000 northbound commercial motor vehicles in a calendar year. (6) NAFTA.--The term ``NAFTA'' means the North American Free Trade Agreement. (7) Secretary.--The term ``Secretary'' means the Secretary of Transportation. SEC. 4. DIRECT FEDERAL ASSISTANCE FOR BORDER CONSTRUCTION AND CONGESTION RELIEF. (a) In General.--The Secretary shall make grants under subsections (b) and (c) to eligible recipients that submit to the Secretary an application that demonstrates need, due to increased traffic resulting from the implementation of NAFTA, for assistance in carrying out transportation projects that are necessary to relieve traffic congestion and improve enforcement of motor carrier safety laws. (b) Grants for Connectors to Mexican Border Crossing Facilities.-- The Secretary shall make grants to Mexican border States and units of general purpose local government in Mexican border States for the purposes of-- (1) connecting the National Highway System designated under section 103(b) of title 23, United States Code, with Mexican border crossing facilities; and (2) upgrading connectors described in paragraph (1) that are in existence as of the date of the grant. (c) Grants for Commercial Motor Vehicle Enforcement Facilities.-- The Secretary shall make grants to Mexican border States to construct, operate, and maintain commercial motor vehicle enforcement facilities. (d) Location of Projects.--All projects carried out using amounts from grants made available under this section shall be located in the United States and within 60 miles of the border of the United States and Mexico, except as specifically approved by the Secretary. (e) Apportionment of Amounts.-- (1) In general.--The Secretary shall apportion the amounts appropriated for a fiscal year for making grants under this section among the Mexican border States as follows: (A) 90 percent in the ratio which the number of major Mexican border crossing facilities in each Mexican border State bears to the total number of major Mexican border crossing facilities in all Mexican border States, as determined by the Secretary under paragraph (2). (B) 10 percent in the ratio which the number of minor Mexican border crossing facilities in each Mexican border State bears to the total number of minor Mexican border crossing facilities in all Mexican border States, as determined by the Secretary under paragraph (2). (2) Determinations.--The Secretary shall make each determination required by paragraph (1) concerning the number of commercial motor vehicles using a Mexican border crossing facility on an annual basis using the most recent calendar year information that can be obtained from the United States Customs Service. (f) Cost Sharing.--A grant under this section shall be used to pay the Federal share of the cost of a project. The Federal share shall be 80 percent. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 1997 through 2002. SEC. 5. BORDER INFRASTRUCTURE INNOVATIVE FINANCING. (a) Purposes.--The purposes of this section are-- (1) to encourage the establishment and operation of State infrastructure banks in accordance with section 350 of the National Highway System Designation Act of 1995 (109 Stat. 618; 23 U.S.C. 101 note); and (2) to advance transportation infrastructure projects supporting international trade and commerce. (b) Federal Line of Credit.--Section 350 of the National Highway System Designation Act of 1995 (109 Stat. 618; 23 U.S.C. 101 note) is amended-- (1) by redesignating subsection (l) as subsection (m); and (2) by inserting after subsection (k) the following: ``(l) Federal Line of Credit.-- ``(1) In general.--There is authorized to be appropriated from the general fund of the Treasury $98,000,000 to be used by the Secretary to enter into agreements with Mexican border States that have established infrastructure banks under this section to make lines of credit available to the States. ``(2) Amount.--The line of credit available to each participating Mexican border State shall be equal to the product of-- ``(A) the amount appropriated under paragraph (1); and ``(B) the quotient obtained by dividing-- ``(i) the contributions of the Mexican border State to the Highway Trust Fund during the preceding fiscal year; and ``(ii) the total contributions of all participating Mexican border States with infrastructure banks to the Highway Trust Fund during the preceding fiscal year. ``(3) Use of line of credit.--The line of credit under this subsection shall be available to provide Federal support in accordance with this subsection to a State infrastructure bank engaged in providing credit enhancement for projects to construct Federal-aid highways which will support a significant amount of traffic resulting from NAFTA. ``(4) Limitations.-- ``(A) In general.--A line of credit under this subsection may be drawn on only-- ``(i) with respect to a completed project described in paragraph (3) that is receiving credit enhancement through an infrastructure bank; ``(ii) when the cash balance available in the infrastructure bank is insufficient to pay a claim for payment relating to the project; and ``(iii) when all subsequent revenues of the project have been pledged to the infrastructure bank. ``(B) Third party creditor rights.--No third party creditor of a public or private entity carrying out a project eligible for assistance from an infrastructure bank shall have any right against the Federal Government with respect to a line of credit under this subsection, including any guarantee that the proceeds of a line of credit will be available for the payment of any particular cost of the public or private entity that may be financed under this subsection. ``(5) Interest rate and repayment period.--Any draw on a line of credit under this subsection shall-- ``(A) accrue, beginning on the date the draw is made, interest at a rate equal to the current (as of the date the draw is made) market yield on outstanding, marketable obligations of the United States with maturities of 30 years; and ``(B) shall be repaid within a period of not more than 30 years. ``(6) Relationship to state apportionment.--Funds made available to States to carry out this subsection shall be in addition to funds apportioned to States under section 104 of title 23, United States Code. ``(7) Mexican border state defined.--The term `Mexican border State' means California, Arizona, New Mexico, and Texas.''.

NAFTA Infrastructure Responsibility Act of 1996 - Authorizes the Secretary of Transportation to make grants to Mexican border States and local governments for certain transportation projects necessary to: (1) relieve congestion due to increased traffic resulting from implementation of the North American Free Trade Agreement (NAFTA); and (2) improve enforcement of motor carrier safety laws. Limits the Federal share of the costs of such projects to 80 percent. Authorizes appropriations. Amends the National Highway System Designation Act of 1995 to authorize appropriations to be used to enter agreements with Mexican border States that have established infrastructure banks to make available to them lines of credit for projects to construct Federal-aid highways which will support traffic resulting from NAFTA.

NAFTA Infrastructure Responsibility Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Entrepreneurial New and Small Business Capital Formation Act of 1995''. SEC. 2. ROLLOVER OF CAPITAL GAINS ON CERTAIN SMALL BUSINESS INVESTMENTS. (a) In General.--Part III of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to common nontaxable exchanges) is amended by adding at the end the following new section: ``SEC. 1045. ROLLOVER OF GAIN ON SMALL BUSINESS INVESTMENTS. ``(a) Nonrecognition of Gain.--In the case of the sale of any eligible small business investment with respect to which the taxpayer elects the application of this section, gain from such sale shall be recognized only to the extent that the amount realized on such sale exceeds-- ``(1) the cost of any other eligible small business investment purchased by the taxpayer during the 6-month period beginning on the date of such sale, reduced by ``(2) any portion of such cost previously taken into account under this section. This section shall not apply to any gain which is treated as ordinary income for purposes of this subtitle. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Purchase.--The term `purchase' has the meaning given such term by section 1043(b)(4). ``(2) Eligible small business investment.--Except as otherwise provided in this section, the term `eligible small business investment' means any stock in a domestic corporation, and any partnership interest in a domestic partnership, which is originally issued after December 31, 1994, if-- ``(A) as of the date of issuance, such corporation or partnership is a qualified small business entity, and ``(B) such stock or partnership interest is acquired by the taxpayer at its original issue (directly or through an underwriter)-- ``(i) in exchange for money or other property (not including stock), or ``(ii) as compensation for services (other than services performed as an underwriter of such stock or partnership interest). A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this section. ``(3) Active business requirement.--Stock in a corporation, and a partnership interest in a partnership, shall not be treated as eligible small business investment unless, during substantially all of the taxpayer's holding period for such stock or partnership interest, such corporation or partnership meets the active business requirements of subsection (c). A rule similar to the rule of section 1202(c)(2)(B) shall apply for purposes of this section. ``(4) Qualified small business entity.-- ``(A) In general.--The term `qualified small business entity' means any domestic corporation or partnership if-- ``(i) for the taxable year of such entity in which the stock or partnership interest was issued and each prior taxable year, such entity (and any predecessor thereof) had gross receipts of less than $20,000,000, ``(ii) at all times before such issuance, such entity (and any predecessor thereof) had aggregate gross assets (as defined in section 1202(d)(2)) of less than $25,000,000, and ``(iii) at all times before such issuance, the excess of the fair market value of the assets of such entity (and any predecessor thereof) over the liabilities of such entity was less than $10,000,000. ``(B) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as one person for purposes of subparagraph (A). ``(C) Special rules for determining gross receipts.--The rules of subparagraphs (B) and (C) of section 448(c)(3) shall apply for purposes of subparagraph (A)(i). ``(c) Active Business Requirement.-- ``(1) In general.--For purposes of subsection (b)(3), the requirements of this subsection are met by a qualified small business entity for any period if-- ``(A) the entity is engaged in the active conduct of a trade or business, and ``(B) at least 80 percent (by value) of the assets of such entity are used in the active conduct of a trade or business. ``(2) Special rule for certain activities.--For purposes of paragraph (1), if, in connection with any future trade or business, an entity is engaged in-- ``(A) startup activities described in section 195(c)(1)(A), ``(B) activities resulting in the payment or incurring of expenditures which may be treated as research and experimental expenditures under section 174, or ``(C) activities with respect to in-house research expenses described in section 41(b)(4), such entity shall be treated with respect to such activities as engaged in (and assets used in such activities shall be treated as used in) the active conduct of a trade or business. Any determination under this paragraph shall be made without regard to whether the entity has any gross income from such activities at the time of the determination. ``(3) Certain rules to apply.--Rules similar to the rules of paragraphs (5), (6), (7), and (8) of section 1202(e) shall apply for purposes of this subsection. ``(d) Certain Other Rules To Apply.--Rules similar to the rules of subsections (f), (g), (h), and (j) of section 1202 (without regard to any 5-year holding period requirement) shall apply for purposes of this section. ``(e) Basis Adjustments.--If gain from any sale is not recognized by reason of subsection (a), such gain shall be applied to reduce (in the order acquired) the basis for determining gain or loss of any eligible small business investment which is purchased by the taxpayer during the 6-month period described in subsection (a). ``(f) Statute of Limitations.--If any gain is realized by the taxpayer on the sale or exchange of any eligible small business investment and there is in effect an election under subsection (a) with respect to such gain, then-- ``(1) the statutory period for the assessment of any deficiency with respect to such gain shall not expire before the expiration of 3 years from the date the Secretary is notified by the taxpayer (in such manner as the Secretary may by regulations prescribe) of-- ``(A) the taxpayer's cost of purchasing other eligible small business investment which the taxpayer claims results in nonrecognition of any part of such gain, ``(B) the taxpayer's intention not to purchase other eligible small business investment within the 6- month period described in subsection (a), or ``(C) a failure to make such purchase within such 6-month period, and ``(2) such deficiency may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section, including regulations to prevent the avoidance of the purposes of this section through splitups, shell corporations, partnerships, or otherwise.'' (b) Conforming Amendment.--Paragraph (23) of section 1016(a) of such Code is amended-- (1) by striking ``or 1044'' and inserting ``, 1044, or 1045'', and (2) by striking ``or 1044(d)'' and inserting ``, 1044(d), or 1045(e)''. (c) Clerical Amendment.--The table of sections for part III of subchapter O of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1045. Rollover of gain on small business investments.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 1994. SEC. 3. LOSSES ON ELIGIBLE SMALL BUSINESS INVESTMENTS. (a) In General.--Part IV of subchapter P of chapter 1 of the Internal Revenue Code of 1986 (relating to special rules for determining gains and losses) is amended by inserting after section 1244 the following new section: ``SEC. 1244A. LOSSES ON ELIGIBLE SMALL BUSINESS INVESTMENTS. ``If-- ``(1) a loss is on any eligible small business investment (as defined in section 1045(b)), and ``(2) such loss would (but for this section) be a loss from the sale or exchange of a capital asset, then such loss shall be treated as an ordinary loss. For purposes of section 172 (relating to the net operating loss deduction), any amount of loss treated by reason of this section as an ordinary loss shall be treated as attributable to a trade or business of the taxpayer.'' (b) Clerical Amendment.--The table of sections for such part IV is amended by inserting after the item relating to section 1244 the following new item: ``Sec. 1244A. Losses on eligible small business investments.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 1994.

Entrepreneurial New and Small Business Capital Formation Act of 1995 - Amends the Internal Revenue Code to recognize, if elected by the taxpayer, gain (other than ordinary income) on the sale of any eligible small business investment only to the extent the amount realized exceeds the cost of any other small business investment purchased by the taxpayer during the previous six months. Applies to the amendments made by this Act rules (from provisions relating to a 50 percent exclusion for gain from certain small business stock) relating to stock conversion, pass-through entities, transfers, and short positions. Mandates basis reductions for unrecognized gain. Treats a loss on an eligible small business investment, if the loss would otherwise be from the sale or exchange of a capital asset, as an ordinary loss.

Entrepreneurial New and Small Business Capital Formation Act of 1995

SECTION 1. AUTHORIZATION OF APPROPRIATIONS FOR ECONOMIC DEVELOPMENT ADMINISTRATION PROGRAMS. The Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.) is amended by adding at the end the following new title: ``TITLE XI--AUTHORIZATION OF APPROPRIATIONS ``SEC. 1101. FISCAL YEAR 1993. ``There is authorized to be appropriated to carry out titles I, II, III, VII, IX, and X $200,000,000 for fiscal year 1993.''. SEC. 2. INCREASE IN SMALL BUSINESS ADMINISTRATION 1993 PROGRAM LEVELS. Section 20(g) of the Small Business Act (15 U.S.C. 631 note) is amended by adding at the end the following new paragraph: ``(5) Effective beginning on the date of the enactment of this paragraph, each program level authorized by this subsection is increased by 50 percent.''. SEC. 3. TAX CREDIT TO EMPLOYERS FOR WAGES PAID TO INDIVIDUALS HIRED WITHIN 1 YEAR AFTER ENACTMENT. (a) In General.--Section 51 of the Internal Revenue Code of 1986 (relating to targeted jobs credit) is amended by adding at the end thereof the following new subsection: ``(l) Economic Recovery Hiring Incentives.-- ``(1) In general.--Every individual hired within 1 year after the date of the enactment of this subsection shall be treated as a member of a targeted group. ``(2) Increased credit.--In the case of individuals hired within 1 year after the date of the enactment of this subsection-- ``(A) subsection (a) shall be applied by substituting `50 percent' for `40 percent', ``(B) subsections (b)(3) and (h)(1)(A) shall be applied by substituting `$10,000' for `$6,000', and ``(C) subsection (h)(1)(B) shall be applied by substituting `$833.33' for `$500'.'' (b) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act. SEC. 4. TAX-FREE WITHDRAWALS FROM INDIVIDUAL RETIREMENT ACCOUNTS TO PURCHASE OR REFINANCE A HOME. (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 and annuities) is amended by adding at the end thereof the following new paragraph: ``(8) Distributions to purchase or refinance a home.-- ``(A) In general.--In the case of a qualified residence distribution-- ``(i) the amount of such distribution shall not be includible in gross income, and ``(ii) section 72(t) shall not apply. ``(B) Qualified residence distribution.--For purposes of this paragraph-- ``(i) In general.--The term `qualified residence distribution' means any payment or distribution during the 1-year period beginning on the date of the enactment of this paragraph from an individual retirement plan to an individual to the extent that the amount thereof is used within a reasonable period to pay qualified acquisition or refinancing costs with respect to a principal residence for such individual. ``(ii) Qualified acquisition or refinancing costs.--The term `qualified acquisition costs' means the costs of acquiring, constructing, or reconstructing a residence. Such term includes any usual or reasonable settlement, financing or refinancing, or other closing costs. ``(iii) Principal residence.--The term `principal residence' has the same meaning as when used in section 1034.'' (c) Effective Date.--The amendments made by this section shall apply to payments and distributions made after the date of the enactment of this Act. SEC. 5. DELAY IN OBLIGATIONS OF CERTAIN DEFENSE, FOREIGN ASSISTANCE, SPACE, AND ENERGY RESEARCH PROGRAMS. Notwithstanding any other provision of law, no funds may be obligated-- (1) during fiscal year 1993-- (A) in excess of $100,000,000 for any contract to carry out the M1 Abrams Tank program; (B) in excess of $4,157,075,000 to carry out the space flight, spacecraft control, and communications activities of the National Aeronautics and Space Administration; (C) in excess of $988,789,000 to carry out the general science and research activities of the Department of Energy in accordance with the Department of Energy Organization Act; and (D) in excess of $900,000,000 to carry out the provisions of chapter 10 of part I of the Foreign Assistance Act of 1961; and (2) during the period beginning on the date of the enactment of this Act and ending on September 30, 1993-- (A) for any contract to carry out the V-22 aircraft Osprey program; and (B) to carry out the functions of the Inter- American Foundation in accordance with section 401 of the Foreign Assistance Act of 1969 and section 9104 of title 31, United States Code.

Amends the Public Works and Economic Development Act of 1965 to authorize appropriations to carry out certain economic development programs for FY 1993. Amends the Small Business Act to increase the program levels of the Small Business Administration for FY 1993. Amends the Internal Revenue Code to allow the targeted jobs credit for every individual hired within one year after the date of enactment of this Act. Increases the amount of such credit. Excludes from gross income distributions from individual retirement accounts used to purchase or refinance a principal residence. Exempts such distributions from the penalty tax on early distributions from retirement plans. Provides for the delay or suspension of obligations for certain defense, foreign assistance, space, and energy research programs.

To establish a program to stimulate the United States economy.

SECTION 1. FEDERAL CONTRACTS TO REQUIRE COMPLIANCE WITH STATE WORKMEN'S COMPENSATION LAWS. (a) In General.--(1) Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by inserting after section 303G (41 U.S.C. 253g) the following new section: ``SEC. 303H. COMPLIANCE WITH STATE WORKMEN'S COMPENSATION LAWS. ``(a) Compliance Required.--Each contract for the purchase of property or services made by an executive agency shall provide that the prime contractor (and any subcontractor performing work on the contract under the prime contractor) shall guarantee throughout the performance of work under the contract to comply with the workmen's compensation law of each State in which work under the contract will be performed. ``(b) Termination of Work on Failure to Demonstrate Compliance.-- Each such contract shall contain the further provision that in the event the contracting officer determines that the prime contractor (or any subcontractor under the contract) is not in compliance with the workmen's compensation laws of any State within which work under the contract is being carried out, the Government may terminate the right of the offending contractor or subcontractor to proceed with the work or such part of the work being carried out in a State in which compliance with the workmen's compensation laws is not demonstrated. Notice of such termination shall be provided in writing to the offending contractor or subcontractor. If, within a reasonable time, the offending contractor or subcontractor has not demonstrated compliance with the workmen's compensation laws of such State, including payment of any fines or penalties assessed for failure to carry workmen's compensation insurance, the Government may complete the work. The contractor and any sureties of the contractor shall be liable to the Government for any excess costs occasioned the Government as a result of the termination. ``(c) Exceptions.--This section shall not apply in the case of contracts covered by the Defense Base Act (42 U.S.C. 1651 et seq.) or the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.). ``(d) Suspension of Section.--In the event of a national emergency, the President may suspend operation of this section.''. (2) The table of contents at the beginning of such Act is amended by inserting after the item relating to section 303G the following new item: ``Sec. 303H. Compliance with State workmen's compensation laws.''. (b) Special Rule for Defense Contracts.--(1) Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2332. Compliance with State workmen's compensation laws. ``(a) Compliance Required.--Each contract for the purchase of property or services made by the head of an agency shall provide that the prime contractor (and any subcontractor performing work on the contract under the prime contractor) shall guarantee throughout the performance of work under the contract to comply with the workmen's compensation law of each State in which work under the contract will be performed. ``(b) Termination of Work on Failure to Demonstrate Compliance.-- Each such contract shall contain the further provision that in the event the contracting officer determines that the prime contractor (or any subcontractor under the contract) is not in compliance with the workmen's compensation laws of any State within which work under the contract is being carried out, the head of the agency concerned may terminate the right of the offending contractor or subcontractor to proceed with the work or such part of the work being carried out in a State in which compliance with the workmen's compensation laws is not demonstrated. Notice of such termination shall be provided in writing to the offending contractor or subcontractor. If, within a reasonable time, the offending contractor or subcontractor has not demonstrated compliance with the workmen's compensation laws of such State, including payment of any fines or penalties assessed for failure to carry workmen's compensation insurance, the head of the agency concerned may complete the work. The contractor and any sureties of the contractor shall be liable to the Government for any excess costs occasioned the Government as a result of the termination. ``(c) Exceptions.--This section shall not apply in the case of contracts covered by the Defense Base Act (42 U.S.C. 1651 et seq.). ``(d) Suspension of Section.--In the event of a national emergency, the President may suspend operation of this section.''. (2) The table of contents at the beginning of such chapter is amended by adding at the end the following new item: ``2332. Compliance with State workmen's compensation laws.''. (c) Application of Amendments.--The amendments made by this section shall apply with respect to Federal contracts entered into after the date of the enactment of this Act.

Amends the Federal Property and Administrative Services Act of 1949 and specified defense procurement provisions to require each contract for the purchase of property or services made by an executive agency to provide: (1) that the prime contractor and any subcontractor thereof shall guarantee to comply with State workers' compensation laws; and (2) for the termination of the right of the offending contractor or subcontractor to proceed with the work being carried out in a State in which compliance with such a law is not demonstrated, subject to specified requirements. Makes specified exceptions to such provisions under the Defense Base Act and the Longshore and Harbor Workers' Compensation Act. Authorizes the President to suspend operation of this Act in the event of a national emergency.

To amend the Federal Property and Administrative Services Act of 1949 and title 10, United States Code, to require as a term in each contract for property or services made by an executive agency that the contractor (and any subcontractors under that contract) shall comply with the workmen's compensation law of each State in which the contract is performed.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Intellectual Rights Against Theft and Expropriation Act of 2004''. SEC. 2. AUTHORIZATION OF CIVIL COPYRIGHT ENFORCEMENT BY ATTORNEY GENERAL. (a) In General.--Chapter 5 of title 17, United States Code, is amended by inserting after section 506 the following: ``Sec. 506a. Civil penalties for violations of section 506 ``(a) In General.--The Attorney General may commence a civil action in the appropriate United States district court against any person who engages in conduct constituting an offense under section 506. Upon proof of such conduct by a preponderance of the evidence, such person shall be subject to a civil penalty under section 504 which shall be in an amount equal to the amount which would be awarded under section 3663(a)(1)(B) of title 18 and restitution to the copyright owner aggrieved by the conduct. ``(b) Other Remedies.-- ``(1) In general.--Imposition of a civil penalty under this section does not preclude any other criminal or civil statutory, injunctive, common law or administrative remedy, which is available by law to the United States or any other person; ``(2) Offset.--Any restitution received by a copyright owner as a result of a civil action brought under this section shall be offset against any award of damages in a subsequent copyright infringement civil action by that copyright owner for the conduct that gave rise to the civil action brought under this section.''. (b) Damages and Profits.--Section 504 of title 17, United States Code, is amended-- (1) in subsection (b)-- (A) in the first sentence-- (i) by inserting ``, or the Attorney General in a civil action,'' after ``The copyright owner''; and (ii) by striking ``him or her'' and inserting ``the copyright owner''; and (B) in the second sentence by inserting ``, or the Attorney General in a civil action,'' after ``the copyright owner''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``, or the Attorney General in a civil action,'' after ``the copyright owner''; and (B) in paragraph (2), by inserting ``, or the Attorney General in a civil action,'' after ``the copyright owner''. (c) Technical and Conforming Amendment.--The table of sections for chapter 5 of title 17, United States Code, is amended by inserting after the item relating to section 506 the following: ``506a. Civil penalties for violation of section 506.''. SEC. 3. AUTHORIZATION OF FUNDING FOR TRAINING AND PILOT PROGRAM. (a) Training and Pilot Program.--Not later than 180 days after enactment of this Act, the Attorney General shall develop a program to ensure effective implementation and use of the authority for civil enforcement of the copyright laws by-- (1) establishing training programs, including practical training and written materials, for qualified personnel from the Department of Justice and United States Attorneys Offices to educate and inform such personnel about-- (A) resource information on intellectual property and the legal framework established both to protect and encourage creative works as well as legitimate uses of information and rights under the first amendment of the United States Constitution; (B) the technological challenges to protecting digital copyrighted works from online piracy; (C) guidance on and support for bringing copyright enforcement actions against persons engaging in infringing conduct, including model charging documents and related litigation materials; (D) strategic issues in copyright enforcement actions, including whether to proceed in a criminal or a civil action; (E) how to employ and leverage the expertise of technical experts in computer forensics; (F) the collection and preservation of electronic data in a forensically sound manner for use in court proceedings; (G) the role of the victim copyright owner in providing relevant information for enforcement actions and in the computation of damages; and (H) the appropriate use of injunctions, impoundment, forfeiture, and related authorities in copyright law; (2) designating personnel from at least 4 United States Attorneys Offices to participate in a pilot program designed to implement the civil enforcement authority of the Attorney General under section 506a of title 17, United States Code, as added by this Act; and (3) reporting to Congress annually on-- (A) the use of the civil enforcement authority of the Attorney General under section 506a of title 17, United States Code, as added by this Act; and (B) the progress made in implementing the training and pilot programs described under paragraphs (1) and (2) of this subsection. (b) Annual Report.--The report under subsection (a)(3) may be included in the annual performance report of the Department of Justice and shall include-- (1) with respect to civil actions filed under section 506a of title 17, United States Code, as added by this Act-- (A) the number of investigative matters received by the Department of Justice and United States Attorneys Offices; (B) the number of defendants involved in those matters; (C) the number of civil actions filed and the number of defendants involved; (D) the number of civil actions resolved or terminated; (E) the number of defendants involved in those civil actions; (F) the disposition of those civil actions, including whether the civil actions were settled, dismissed, or resolved after a trial; (G) the dollar value of any civil penalty imposed and the amount remitted to any copyright owner; and (H) other information that the Attorney General may consider relevant to inform Congress on the effective use of the civil enforcement authority; (2) a description of the training program and the number of personnel who participated in the program; and (3) the locations of the United States Attorneys Offices designated to participate in the pilot program. (c) Authorization of Appropriations.--There are authorized to be appropriated $2,000,000 for fiscal year 2005 to carry out this section. Passed the Senate June 25, 2004. Attest: EMILY J. REYNOLDS, Secretary.

Protecting Intellectual Rights Against Theft and Expropriation Act of 2004 - Amends Federal copyright law to authorize the Attorney General (AG) to: (1) commence a civil action against any person who engages in conduct constituting copyright infringement; (2) collect damages and profits resulting from such infringement; and (3) collect statutory damages. Directs the AG to: (1) develop a program to ensure effective implementation and use of the authority for civil enforcement of the copyright laws, including training programs for qualified personnel from the Department of Justice and U.S. Attorneys Offices; and (2) report annually to Congress on the use of such enforcement authority and progress made in implementing the training programs. Authorizes appropriations for FY 2005.

A bill to amend chapter 5 of title 17, United States Code, to authorize civil copyright enforcement by the Attorney General, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``To Research, Evaluate, Assess, and Treat Astronauts Act'' or the ``TREAT Astronauts Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) Human space exploration can pose significant challenges and is full of substantial risk, which has ultimately claimed the lives of 24 National Aeronautics and Space Administration astronauts serving in the line of duty. (2) As United States government astronauts participate in long-duration and exploration spaceflight missions they may experience increased health risks, such as vision impairment, bone demineralization, and behavioral health and performance risks, and may be exposed to galactic cosmic radiation. Exposure to high levels of radiation and microgravity can result in acute and long-term health consequences that can increase the risk of cancer and tissue degeneration and have potential effects on the musculoskeletal system, central nervous system, cardiovascular system, immune function, and vision. (3) To advance the goal of long-duration and exploration spaceflight missions, United States government astronaut Scott Kelly participated in a 1-year twins study in space while his identical twin brother, former United States government astronaut Mark Kelly, acted as a human control specimen on Earth, providing an understanding of the physical, behavioral, microbiological, and molecular reaction of the human body to an extended period of time in space. (4) Since the Administration currently provides medical monitoring, diagnosis, and treatment for United States government astronauts during their active employment, given the unknown long-term health consequences of long-duration space exploration, the Administration has requested statutory authority from Congress to provide medical monitoring, diagnosis, and treatment to former United States government astronauts for psychological and medical conditions associated with human space flight. (b) Sense of Congress.--It is the sense of Congress that-- (1) the United States should continue to seek the unknown and lead the world in space exploration and scientific discovery as the Administration prepares for long-duration and exploration spaceflight in deep space and an eventual mission to Mars; (2) data relating to the health of astronauts will become increasingly valuable to improving our understanding of many diseases humans face on Earth; (3) the Administration should provide the type of monitoring, diagnosis, and treatment described in subsection (a) only for conditions the Administration considers unique to the training or exposure to the spaceflight environment of United States government astronauts and should not require any former United States government astronauts to participate in the Administration's monitoring; (4) such monitoring, diagnosis, and treatment should not replace a former United States government astronaut's private health insurance; (5) expanded data acquired from such monitoring, diagnosis, and treatment should be used to tailor treatment, inform the requirements for new spaceflight medical hardware, and develop controls in order to prevent disease occurrence in the astronaut corps; and (6) the 340-day space mission of Scott Kelly aboard the ISS-- (A) was pivotal for the goal of the United States for humans to explore deep space and Mars as the mission generated new insight into how the human body adjusts to weightlessness, isolation, radiation, and the stress of long-duration space flight; and (B) will help support the physical and mental well- being of astronauts during longer space exploration missions in the future. SEC. 3. MEDICAL MONITORING AND RESEARCH RELATING TO HUMAN SPACE FLIGHT. (a) In General.--Subchapter III of chapter 201 of title 51, United States Code, is amended by adding at the end the following: ``Sec. 20148. Medical monitoring and research relating to human space flight ``(a) In General.--Notwithstanding any other provision of law, the Administrator may provide for the medical monitoring and diagnosis of a former United States government astronaut or a former payload specialist for conditions that the Administrator considers potentially associated with human space flight, and may provide for the treatment of a former United States government astronaut or a former payload specialist for conditions that the Administrator considers associated with human space flight, including scientific and medical tests for psychological and medical conditions. ``(b) Requirements.-- ``(1) No cost sharing.--The medical monitoring, diagnosis, or treatment described in subsection (a) shall be provided without any deductible, copayment, or other cost sharing obligation. ``(2) Access to local services.--The medical monitoring, diagnosis, and treatment described in subsection (a) may be provided by a local health care provider if it is unadvisable due to the health of the applicable former United States government astronaut or former payload specialist for that former United States government astronaut or former payload specialist to travel to the Lyndon B. Johnson Space Center, as determined by the Administrator. ``(3) Secondary payment.--Payment or reimbursement for the medical monitoring, diagnosis, or treatment described in subsection (a) shall be secondary to any obligation of the United States government or any third party under any other provision of law or contractual agreement to pay for or provide such medical monitoring, diagnosis, or treatment. Any costs for items and services that may be provided by the Administrator for medical monitoring, diagnosis, or treatment under subsection (a) that are not paid for or provided under such other provision of law or contractual agreement, due to the application of deductibles, copayments, coinsurance, other cost sharing, or otherwise, are reimbursable by the Administrator on behalf of the former United States government astronaut or former payload specialist involved to the extent such items or services are authorized to be provided by the Administrator for such medical monitoring, diagnosis, or treatment under subsection (a). ``(4) Conditional payment.--The Administrator may provide for conditional payments for or provide medical monitoring, diagnosis, or treatment described in subsection (a) that is obligated to be paid for or provided by the United States or any third party under any other provision of law or contractual agreement to pay for or provide such medical monitoring, diagnosis, or treatment if-- ``(A) payment for (or the provision of) such medical monitoring, diagnosis, or treatment services has not been made (or provided) or cannot reasonably be expected to be made (or provided) promptly by the United States or such third party, respectively; and ``(B) such payment (or such provision of services) by the Administrator is conditioned on reimbursement by the United States or such third party, respectively, for such medical monitoring, diagnosis, or treatment. ``(c) Exclusions.--The Administrator may not-- ``(1) provide for medical monitoring or diagnosis of a former United States government astronaut or former payload specialist under subsection (a) for any psychological or medical condition that is not potentially associated with human space flight; ``(2) provide for treatment of a former United States government astronaut or former payload specialist under subsection (a) for any psychological or medical condition that is not associated with human space flight; or ``(3) require a former United States government astronaut or former payload specialist to participate in the medical monitoring, diagnosis, or treatment authorized under subsection (a). ``(d) Privacy.--Consistent with applicable provisions of Federal law relating to privacy, the Administrator shall protect the privacy of all medical records generated under subsection (a) and accessible to the Administration. ``(e) Regulations.--The Administrator shall promulgate such regulations as are necessary to carry out this section. ``(f) Definition of United States Government Astronaut.--In this section, the term `United States government astronaut' has the meaning given the term `government astronaut' in section 50902, except it does not include an individual who is an international partner astronaut. ``(g) Data Use and Disclosure.--The Administrator may use or disclose data acquired in the course of medical monitoring, diagnosis, or treatment of a former United States government astronaut or a former payload specialist under subsection (a), in accordance with subsection (d). Former United States government astronaut or former payload specialist participation in medical monitoring, diagnosis, or treatment under subsection (a) shall constitute consent for the Administrator to use or disclose such data.''. (b) Clerical Amendment.--The table of contents for chapter 201 of title 51, United States Code is amended by inserting after the item relating to section 20147 the following: ``20148. Medical monitoring and research relating to human space flight''. (c) Annual Reports.-- (1) In general.--Each fiscal year, not later than the date of submission of the President's annual budget request for that fiscal year under section 1105 of title 31, United States Code, the Administrator of the National Aeronautics and Space Administration shall publish a report, in accordance with applicable Federal privacy laws, on the activities of the National Aeronautics and Space Administration under section 20148 of title 51, United States Code, as added by subsection (a). (2) Contents.--Each report under paragraph (1) shall include a detailed cost accounting of the Administration's activities under such section 20148 of title 51, United States Code, and a 5-year budget estimate. (3) Submission to congress.--The Administrator shall submit to the appropriate committees of Congress each report under paragraph (1) not later than the date of submission of the President's annual budget request for that fiscal year under section 1105 of title 31, United States Code. (d) Cost Estimate.-- (1) Requirement.--Not later than 90 days after the date of enactment of this Act, the Administrator of the National Aeronautics and Space Administration shall enter into an arrangement with an independent external organization to undertake an independent cost estimate of the cost to the National Aeronautics and Space Administration and the Federal Government to implement and administer the activities of the National Aeronautics and Space Administration under section 20148 of title 51, United States Code, as added by subsection (a). The independent external organization may not be an entity of the National Aeronautics and Space Administration, such as the Office of Safety and Mission Assurance. (2) Submittal to congress.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit the independent cost estimate undertaken pursuant to paragraph (1) to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (e) Privacy Study.-- (1) Study.--The Administrator of the National Aeronautics and Space Administration shall carry out a study on any potential privacy or legal issues related to the possible sharing beyond the Federal Government of data acquired under the activities of the National Aeronautics and Space Administration under section 20148 of title 51, United States Code, as added by subsection (a). (2) Report.--Not later than 270 days after the date of the enactment of this Act, the Administrator shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the results of the study carried out under paragraph (1). (f) Inspector General Audit.--The Inspector General of the National Aeronautics and Space Administration shall periodically audit or review, as the Inspector General considers necessary to prevent waste, fraud, and abuse, the activities of the National Aeronautics and Space Administration under section 20148 of title 51, United States Code, as added by subsection (a). Passed the House of Representatives December 7, 2016. Attest: KAREN L. HAAS, Clerk.

To Research, Evaluate, Assess, and Treat Astronauts Act or the TREAT Astronauts Act (Sec. 3) This bill authorizes the National Aeronautics and Space Administration (NASA) to provide for: the medical monitoring and diagnosis of a former U.S. government astronaut or former payload specialist for conditions that NASA considers potentially associated with human space flight; and the treatment of such an astronaut or payload specialist for conditions that NASA considers associated with human space flight, including scientific and medical tests for psychological and medical conditions. The bill requires that such medical monitoring, diagnosis, or treatment shall be provided without any deductible, copayment, or other cost sharing obligation. NASA may not require such an astronaut or payload specialist to participate in the medical monitoring, diagnosis, or treatment authorized by this bill. NASA shall protect the privacy of all medical records generated with respect to such medical monitoring, diagnosis, and treatment and accessible to NASA. The term "government astronaut" does not include individuals who are international partner astronauts. NASA shall arrange with an independent external organization to undertake an independent cost estimate of the cost to NASA and the federal government for the implementation and administration of the activities of NASA under this bill. NASA shall study any potential privacy or legal issues related to the possible sharing beyond the federal government of data acquired under the activities of NASA. The NASA Inspector General shall periodically audit or review NASA's activities to prevent waste, fraud, and abuse.

TREAT Astronauts Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Controlled Substances Transportation Act of 2017''. SEC. 2. REGISTRATION FOR TRANSPORT OF CONTROLLED SUBSTANCES TO STATES IN WHICH THE PRACTITIONER IS NOT REGISTERED UNDER THE CONTROLLED SUBSTANCES ACT FOR THE PURPOSE OF ADMINISTERING THE SUBSTANCES AT LOCATIONS OTHER THAN PRINCIPAL PLACES OF BUSINESS OR PROFESSIONAL PRACTICE. Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following: ``(k) Registration for Transport of Controlled Substances to States in Which the Practitioner Is Not Registered for the Purpose of Administering the Substances at Locations Other Than Principal Places of Business or Professional Practice.-- ``(1) In general.--Upon application by a practitioner (other than a pharmacy) who is registered under subsection (f), the Attorney General shall issue a separate registration to the practitioner authorizing the practitioner-- ``(A) to transport one or more controlled substances in schedule II, III, IV, or V from the practitioner's registered location in a State to one or more States in which the practitioner is not registered under subsection (f) for the purpose of the practitioner administering the substances at locations other than a principal place of business or professional practice; and ``(B) to so administer the substances. ``(2) Requirements.--For a practitioner to be authorized to transport and administer controlled substances pursuant to a registration issued under paragraph (1), all of the following conditions must be satisfied: ``(A) The practitioner must be licensed, registered, or otherwise permitted by the State in which the controlled substances are administered to carry out such activity at the location where it occurs. ``(B) The practitioner must-- ``(i) limit the time of transport and administering of any controlled substance pursuant to such registration to not more than 72 consecutive hours; and ``(ii) by the conclusion of such 72 hours, return any such controlled substance so transported but not administered to the registered location from which such substance was obtained. ``(C)(i) The practitioner must maintain records of the transporting and administering of any controlled substance pursuant to this subsection. ``(ii) Such records shall be maintained, in accordance with the requirements of section 307(b), at the practitioner's registered location from which the controlled substances were obtained and shall include-- ``(I) the location where the controlled substance was administered; and ``(II) such other information as may be required by regulation of the Attorney General with respect to records for dispensers of controlled substances. ``(iii) Notwithstanding clause (ii), the exception in subsection 307(c)(1)(B) shall not apply to records required by this subparagraph. ``(3) Grounds for denial or revocation.--The Attorney General may deny an application for registration under this subsection, or a renewal thereof, or revoke such registration, based on the criteria listed in section 304(a), except that the applicant shall not be required, as a condition of initially obtaining such registration, to present proof of State authorization to administer controlled substances. ``(4) Automatic termination.--A registration issued under this subsection shall automatically terminate if the practitioner no longer has an active registration under subsection (f) due to revocation, suspension, surrender, or other termination. ``(5) Definition.--In this subsection, the term `registered location' means, with respect to each registration issued to a practitioner under subsection (f), the address that appears on the certificate of registration.''. Passed the House of Representatives July 12, 2017. Attest: KAREN L. HAAS, Clerk.

. Medical Controlled Substances Transportation Act of 2017 (Sec. 2) This bill amends the Controlled Substances Act to direct the Drug Enforcement Administration to register practitioners (other than pharmacies) to transport controlled substances to and administer controlled substances in other states. A registered practitioner must: be licensed, registered, or authorized to administer controlled substances in the other state; limit the duration of transport to 72 consecutive hours; and comply with recordkeeping requirements.

Medical Controlled Substances Transportation Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Strategy to Combat Terrorist Travel Act of 2016''. SEC. 2. NATIONAL STRATEGY TO COMBAT TERRORIST TRAVEL. (a) Sense of Congress.--It is the sense of Congress that it should be the policy of the United States to-- (1) continue to regularly assess the evolving terrorist threat to the United States; (2) catalogue existing Federal Government efforts to obstruct terrorist and foreign fighter travel into, out of, and within the United States, as well as overseas; (3) identify such efforts that may benefit from reform or consolidation, or require elimination; (4) identify potential security vulnerabilities in United States defenses against terrorist travel; and (5) prioritize resources to address in a risk-based manner any such security vulnerabilities. (b) National Strategy and Updates.-- (1) In general.--In accordance with paragraph (2), the President shall transmit to the appropriate congressional committees a national strategy (including, as appropriate, updates to such strategy) to combat terrorist travel. The strategy shall address efforts to intercept terrorists and foreign fighters and constrain the domestic and international travel of such persons. Consistent with the protection of classified information, the strategy shall be submitted in unclassified form, including, as appropriate, a classified annex. (2) Timing.-- (A) Initial strategy.--The initial national strategy required under paragraph (1) shall be transmitted not later than 180 days after the date of the enactment of this Act. (B) Updated strategies.--Updated national strategies under paragraph (1) shall be transmitted not later than 180 days after the commencement of a new presidential administration. (3) Coordination.--The President shall direct the Secretary of Homeland Security to develop the initial national strategy and updates required under this subsection and shall direct, as appropriate, the heads of other Federal agencies to coordinate with the Secretary in the development of such strategy and updates. (4) Contents.--The initial national strategy and updates required under this subsection shall-- (A) include an accounting and description of all Federal Government programs, projects, and activities to constrain domestic and international travel by terrorists and foreign fighters; (B) identify specific security vulnerabilities within the United States and abroad that may be exploited by terrorists and foreign fighters; (C) delineate goals for-- (i) closing the security vulnerabilities identified in accordance with subparagraph (B); and (ii) enhancing the Federal Government's ability to constrain domestic and international travel by terrorists and foreign fighters; and (D) describe actions to be taken to achieve the goals delineated in subparagraph (C), as well as the means needed to do so, including-- (i) steps to reform, improve, and streamline existing Federal Government efforts to align with the current threat environment; (ii) new programs, projects, or activities that are requested, under development, or undergoing implementation; (iii) new authorities or changes in existing authorities needed from Congress; (iv) specific budget adjustments being requested to enhance United States security in a risk-based manner; and (v) an identification of Federal departments and agencies responsible for specific actions described in this subparagraph. (5) Sunset.--The requirement to transmit updated national strategies under this subsection shall terminate on the date that is 7 years after the date of the enactment of this Act. (c) Development of Implementation Plans.--For each national strategy required under subsection (b), the President shall direct the Secretary of Homeland Security to develop an implementation plan for the Department of Homeland Security and coordinate with the heads of other relevant Federal agencies to ensure the development of implementing plans for each such agency. (d) Implementation Plans.-- (1) In general.--The President shall transmit to the appropriate congressional committees implementation plans for each national strategy required under subsection (b). Consistent with the protection of classified information, each such implementation plan shall be transmitted in unclassified form, but may include a classified annex. (2) Timing.--The implementation plans referred to in paragraph (1) shall be transmitted simultaneously with each national strategy required under subsection (b). Such implementation plans shall be updated and transmitted to the appropriate congressional committees on an annual basis. (3) Sunset.--The requirement to transmit implementation plans under paragraph (1) shall terminate on the date that is 10 years after the date of the enactment of this Act. (e) Prohibition on Additional Funding.--No additional funds are authorized to be appropriated to carry out this section. (f) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) in the House of Representatives-- (A) the Committee on Homeland Security; (B) the Committee on Armed Services; (C) the Permanent Select Committee on Intelligence; (D) the Committee on the Judiciary; (E) the Committee on Foreign Affairs; and (F) the Committee on Appropriations; and (2) in the Senate-- (A) the Committee on Homeland Security and Governmental Affairs; (B) the Committee on Armed Services; (C) the Select Committee on Intelligence; (D) the Committee on the Judiciary; (E) the Committee on Foreign Relations; and (F) the Committee on Appropriations. Passed the House of Representatives February 23, 2016. Attest: KAREN L. HAAS, Clerk.

National Strategy to Combat Terrorist Travel Act of 2016 (Sec. 2) This bill requires the President to transmit to Congress a national strategy to combat terrorist travel. Such strategy shall address efforts to intercept terrorists and foreign fighters and constrain domestic and international travel by such persons. The President shall direct: (1) the Department of Homeland Security (DHS) to develop the initial national strategy, an updated strategy (to be submitted within 180 after the commencement of a new presidential administration), and implementation plans for each national strategy; and (2) other federal agencies to coordinate with DHS in the development and implementation of such strategy and updates. The initial national strategy and updates shall: include an accounting and description of all federal government programs, projects, and activities to constrain travel by terrorists and foreign fighters; identify specific security vulnerabilities within the United States and abroad that may be exploited by such persons; delineate goals for closing those vulnerabilities and enhancing the federal government's ability to constrain such travel; and describe actions and the means needed to achieve such goals. The requirement to transmit: (1) updated national strategies shall terminate 7 years after the date of enactment of this Act, and (2) implementation plans shall terminate 10 years after such date.

National Strategy to Combat Terrorist Travel Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Historic Country Store Preservation Act of 2005''. SEC. 2. FINDINGS. Congress finds that-- (1) historic country stores are lasting icons of rural tradition in the United States; (2) historic country stores are valuable contributors to the civic and economic vitality of their local communities; (3) historic country stores demonstrate innovative approaches to historic preservation and small business practices; (4) historic country stores are threatened by larger competitors and the costs associated with maintaining older structures; and (5) the United States should-- (A) collect and disseminate information concerning the number, condition, and variety of historic country stores; (B) develop opportunities for cooperation among proprietors of historic country stores; and (C) promote the long-term economic viability of historic country stores. SEC. 3. DEFINITIONS. In this Act: (1) Country store.-- (A) In general.--The term ``country store'' means a structure independently owned and formerly or currently operated as a business that-- (i) sells or sold grocery items and other small retail goods; and (ii) is located in a nonmetropolitan area, as defined by the Secretary. (B) Inclusion.--The term ``country store'' includes a cooperative. (2) Eligible applicant.--The term ``eligible applicant'' means-- (A) a State department of commerce or economic development; (B) a national or State nonprofit organization that-- (i) is described in section 501(c)(3), and exempt from Federal tax under section 501(a), of the Internal Revenue Code of 1986; and (ii) has experience or expertise, as determined by the Secretary, in the identification, evaluation, rehabilitation, or preservation of historic country stores; (C) a national or State nonprofit trade organization that-- (i) is described in section 501(c)(3), and exempt from Federal tax under section 501(a), of the Internal Revenue Code of 1986; and (ii) acts as a cooperative to promote and enhance country stores; and (D) a State historic preservation office. (3) Fund.--The term ``Fund'' means the Historic Country Store Revolving Loan Fund established by section 5(a). (4) Historic country store.--The term ``historic country store'' means a country store that-- (A) has operated at the same location for at least 50 years; and (B) retains sufficient integrity of design, materials, and construction to clearly identify the structure as a country store. (5) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Assistant Secretary for Economic Development. SEC. 4. HISTORIC COUNTRY STORE PRESERVATION PROGRAM. (a) Establishment.--The Secretary shall establish a historic country store preservation program-- (1) to collect and disseminate information on historic country stores; (2) to promote State and regional partnerships among proprietors of historic country stores; and (3) to sponsor and conduct research on-- (A) the economic impact of historic country stores; (B) best practices to-- (i) improve the profitability of historic country stores; and (ii) protect historic country stores from foreclosure or seizure; and (C) best practices for developing cooperative organizations that address the economic and historic preservation needs of historic country stores. (b) Grants.-- (1) In general.--The Secretary may make grants to, or enter into contracts or cooperative agreements with, eligible applicants to carry out an eligible project under paragraph (2). (2) Eligible projects.--A grant under this subsection may be made to an eligible entity for a project-- (A) to rehabilitate or repair a historic country store; (B) to identify, document, and conduct research on historic country stores; and (C) to develop and evaluate appropriate techniques or best practices for protecting historic country stores. (3) Requirements.--An eligible applicant that receives a grant for an eligible project under paragraph (1) shall comply with all applicable requirements for historic preservation projects under Federal, State, and local law. (c) Country Store Alliance Pilot Project.--The Secretary shall carry out a pilot project in the State of Vermont under which the Secretary shall conduct demonstration activities to preserve historic country stores, including-- (1) the collection and dissemination of information on historic country stores in the State; (2) the development of collaborative country store marketing and purchasing techniques; and (3) the development of best practices for historic country store proprietors and communities facing transitions involved in the sale or closure of a historic country store. SEC. 5. HISTORIC COUNTRY STORE REVOLVING LOAN FUND. (a) Establishment.--There is established in the Treasury of the United States a revolving fund, to be known as the ``Historic Country Store Revolving Loan Fund'', consisting of-- (1) such amounts as are appropriated to the Fund under subsection (b); (2) \1/3\ of the amounts appropriated under section 7(a); and (3) any interest earned on investment of amounts in the Fund under subsection (d). (b) Transfers to Fund.--There are appropriated to the Fund amounts equivalent to-- (1) the amounts repaid on loans under section 6; and (2) the amounts of the proceeds from the sales of notes, bonds, obligations, liens, mortgages and property delivered or assigned to the Secretary pursuant to loans made under section 6. (c) Expenditures From Fund.-- (1) In general.--Subject to paragraph (2), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to provide loans under section 6. (2) Administrative expenses.--An amount not exceeding 10 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this Act. (d) Investment of Amounts.-- (1) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. (2) Interest-bearing obligations.--Investments may be made only in interest-bearing obligations of the United States. (3) Acquisition of obligations.--For the purpose of investments under paragraph (1), obligations may be acquired-- (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (4) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (5) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (e) Transfers of Amounts.-- (1) In general.--The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. SEC. 6. LOANS FOR HISTORIC COUNTRY STORE REHABILITATION OR REPAIR PROJECTS. (a) In General.--Using amounts in the Fund, the Secretary may make loans to historic country store proprietors and eligible applicants for projects to purchase, rehabilitate, or repair historic country stores. (b) Applications.-- (1) In general.--To be eligible for a loan under this section, a country store proprietor or eligible applicant shall submit to the Secretary an application for a loan. (2) Considerations for approval or disapproval.--In determining whether to approve or disapprove an application for a loan submitted under paragraph (1), the Secretary shall consider-- (A) the demonstrated need for the purchase, construction, reconstruction, or renovation of the historic country store based on the condition of the historic country store; (B) the age of the historic country store; and (C) the extent to which the project to purchase, rehabilitate, or repair the historic country store includes collaboration among historic country store proprietors and other eligible applicants. (c) Requirements.--An eligible applicant that receives a loan for a project under this section shall comply with all applicable standards for historic preservation projects under Federal, State, and local law. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act, $50,000,000 for the period of fiscal years 2006 through 2011, to remain available until expended. (b) Country Store Alliance Pilot Project.--Of the amount made available under subsection (a), not less than $250,000 shall be made available to carry out section 4(c).

National Historic Country Store Preservation Act of 2005 - Directs the Secretary of Commerce to establish a historic country store preservation program to: (1) collect and disseminate information on country stores; (2) promote State and regional partnerships among proprietors of historic country stores; and (3) sponsor and conduct research on the economic impact of historic country stores, best practices to improve profitability and protect such stores from foreclosure or seizure, and best practices for developing cooperative organizations that address economic and historic preservation needs of historic country stores. Allows the Secretary to make grants to, or enter into contracts or cooperative agreements with, eligible applicants to carry out a project to: (1) rehabilitate or repair a historic country store; (2) identify, document, and conduct research on historic country stores; and (3) develop and evaluate appropriate techniques or best practices for protecting historic country stores. Directs the Secretary to carry out a pilot project in Vermont under which the Secretary shall conduct demonstration activities to preserve historic country stores. Establishes in the Treasury the Historic Revolving Loan Fund. Provides for certain transfers to, and expenditures from, the Fund. Sets forth requirements for investment of amounts in the Fund. Authorizes the Secretary, using amounts in the Fund, to make loans to historic store proprietors and eligible applicants for projects to purchase, rehabilitate, or repair historic country stores.

A bill to establish a national historic country store preservation program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Extended Unemployment Benefits Reform Act of 2012''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Founding Fathers of this Nation held the value and virtue of work to be an integral part of the American spirit of freedom and unity. (2) Honest work of an individual's choice, whether paid or unpaid, benefits both the individual and society as a whole. (3) The betterment of communities through public service should be encouraged by the Federal Government. (4) After the first months of eligibility for unemployment benefits, involvement by an individual in public service will not infringe on such individual's readiness to work or their ability to search for employment. SEC. 3. ADDITIONAL REQUIREMENTS FOR RECEIPT OF EXTENDED UNEMPLOYMENT BENEFITS. (a) In General.--Section 3304 of the Internal Revenue Code of 1986 (relating to approval of State unemployment compensation laws) is amended-- (1) in subsection (a)-- (A) in paragraph (18), by striking ``and'' at the end; (B) by redesignating paragraph (19) as paragraph (20); and (C) by inserting after paragraph (18) the following new paragraph: ``(19) extended compensation, including any such compensation under a temporary program, shall not be payable to an individual for any week in which such individual does not-- ``(A) perform at least 20 hours of public service (as described in subsection (g)); and ``(B) engage in at least 20 hours of active job searching (as described in subsection (h)); and''; and (2) by adding at the end the following new subsections: ``(g) Public Service.-- ``(1) In general.--For purposes of subsection (a)(19)(A), the term `public service' means unpaid service by an individual to an organization described in section 501(c)(3), or a Federal, State, or local agency (as permitted in accordance with applicable Federal, State, and local law), with tangible evidence to be provided to the State agency by the individual on a weekly basis demonstrating that the individual has performed such service during the previous week. ``(2) Exceptions.--For purposes of the public service requirement under subsection (a)(19)(A), an individual shall be deemed to have satisfied such requirement for that week if the individual-- ``(A) provides tangible evidence to the State agency demonstrating that such individual was unable to perform the required public service for that week due to an illness or family emergency; ``(B) is a parent of a qualifying child (as defined in section 152(c)) and provides tangible evidence to the State agency demonstrating an inability to perform the required number of hours of public service due to responsibility for child care; ``(C) provides tangible evidence to the State agency demonstrating an inability to perform the required number of hours of public service due to a lack of available transportation, telephone, or internet services; or ``(D) provides tangible evidence of a bona fide attempt to perform public service and, pursuant to such criteria as is determined appropriate by the State agency, is determined to be unable to perform such service due to a lack of available public service opportunities in the area in which the individual resides. ``(3) Performance of work activities.-- ``(A) In general.--Subject to subparagraph (B), the total number of hours of public service required under subsection (a)(19)(A) shall be reduced by 1 hour for each hour during that week that an individual performs work activities. ``(B) Minimum public service requirement.--For purposes of subparagraph (A), any reduction in the total number of hours of public service required under subsection (a)(19)(A) based upon performance of work activities shall not be greater than 15 hours for each week. ``(C) Definition of work activities.--For purposes of this paragraph, the term `work activities' has the same meaning as provided under subsection (d) of section 407 of the Social Security Act (42 U.S.C. 607), except that such activities shall not include job searching, as described in paragraph (6) of such subsection. ``(h) Active Search for Employment.-- ``(1) In general.--For purposes of subsection (a)(19)(B), the term `active job searching' means an active and ongoing search for employment by an individual, with tangible evidence of such search to be provided to the State agency by the individual on a weekly basis, which shall include a record of potential employers contacted by the individual (including relevant contact information for such employers) and such other information as determined appropriate by the State agency. ``(2) Alternative job search requirements.--The State agency may reduce the total number of hours of active job searching required under subparagraph (A) of subsection (a)(19) and provide alternative job search requirements for an individual who has met the requirements under subparagraphs (A) and (B) of such subsection for a period of not less than 12 weeks.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on July 1, 2012. (2) Delay permitted if state legislation required.--In the case of a State which the Secretary of Labor determines requires State legislation (other than legislation appropriating funds) in order for the State law to meet the additional requirements imposed by the amendments made by subsection (a), the State law shall not be regarded as failing to comply with the requirements of such section 3304(a)(19) of the Internal Revenue Code of 1986, as added by such amendments, solely on the basis of the failure of the State law to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Extended Unemployment Benefits Reform Act of 2012 - Amends the Internal Revenue Code (relating to approval of state unemployment compensation [UC] laws) to prohibit state payment of extended UC to an individual, even under a temporary program, for any week in which he or she does not: (1) perform at least 20 hours of unpaid public service to a charitable organization, except in specified circumstances; and (2) engage in at least 20 hours of active job searching. Authorizes a state to reduce the required 20 hours of active job searching, and prescribe alternative job search requirements, for any individual who has met both the public service and active job searching requirements for at least 12 weeks.

A bill to require participation in public service and engagement in an active job search as conditions for receipt of extended unemployment benefits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Incentives for Growth, Expansion and Revitalization Act of 2008''. SEC. 2. DEDUCTION FOR INCOME FROM BUSINESS ACTIVITIES CONDUCTED IN HIGH JOB-LOSS AREAS. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by adding at the end the following new section: ``SEC. 200. INCOME ATTRIBUTABLE TO BUSINESS ACTIVITIES CONDUCTED IN HIGH-JOB LOSS AREAS. ``(a) In General.--In the case of an eligible taxpayer, there shall be allowed as a deduction an amount equal to 50 percent of the lesser of-- ``(1) the qualified high job-loss zone business income of the taxpayer for the taxable year, or ``(2) taxable income (determined without regard to this section) for the taxable year. ``(b) Eligible Taxpayer.--For purposes of this section-- ``(1) In general.--The term `eligible taxpayer' means any taxpayer if not less than 5 percent of the gross receipts of the taxpayer are high job-loss zone business gross receipts attributable to a single metropolitan statistical area high job-loss zone. ``(2) Related persons.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 (except that determinations under subsections (a) and (b) of section 52 shall be made without regard to section 1563(b)) shall be treated as 1 person for purposes of paragraph (1). ``(c) Qualified High Job-Loss Zone Business Income.-- ``(1) In general.--The term `qualified high job-loss zone business income' for any taxable year means an amount equal to the excess (if any) of-- ``(A) the taxpayer's high job-loss zone business gross receipts for such taxable year, over ``(B) the sum of-- ``(i) the cost of goods sold that are allocable to such receipts, and ``(ii) other expenses, losses, or deductions (other than the deduction allowed under this section), which are properly allocable to such receipts. ``(2) Allocation method.--The Secretary shall prescribe rules for the proper allocation of items described in paragraph (1) for purposes of determining qualified high job-loss zone business income. Such rules shall provide for the proper allocation of items whether or not such items are directly allocable to high job-loss zone business gross receipts. ``(3) Costs.--Rules similar to the rules of section 199(c)(3) shall apply for purposes of paragraph (1). ``(4) High job-loss zone business gross receipts.-- ``(A) In general.--The term `high job-loss zone business gross receipts' means gross receipts of the taxpayer which are derived from the active conduct of a trade or business in a metropolitan statistical area high job-loss zone. ``(B) Related person.-- ``(i) In general.--The term `high job-loss zone business gross receipts' shall not include any gross receipts of the taxpayer derived from property leased, licensed, or rented by the taxpayer for use by any related person. ``(ii) Related person.--For purposes of clause (i), a person shall be treated as related to another person if such persons are treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414, except that determinations under subsections (a) and (b) of section 52 shall be made without regard to section 1563(b). ``(d) Metropolitan Statistical Area High Job-Loss Zone.--For purposes of this section-- ``(1) In general.--The term `metropolitan statistical area high job-loss zone' means any standard metropolitan statistical area designated by the Secretary for purposes of this section. Designations under the preceding sentence shall be made not later than January 1, 2009. ``(2) Standards for designations.--An area may be designated by the Secretary under paragraph (1) if the Secretary determines that-- ``(A) any eligible city in such area is among of the lowest \1/3\ of all eligible cities ranked on the basis of-- ``(i) the economic conditions referred to in paragraph (4), and ``(ii) the residential economic well-being factors referred to in paragraph (5), and ``(B) the area is among the lowest \1/3\ of all standard metropolitan statistical areas ranked on the basis of comparing changes in-- ``(i) employment, ``(ii) wages, ``(iii) gross metropolitan product, and ``(iv) gross metropolitan product per job, between the 1990 and 2000 censuses. ``(3) Eligible cities.--For purposes of paragraph (1), the term `eligible city' means, with respect to a standard metropolitan statistical area, any city in such area if-- ``(A) has a population of at least 50,000 and is the most populous city in such area, ``(B) has a population of-- ``(i) at least 50,000, and ``(ii) at least 50 percent of the population of the most populous city in such area, or ``(C) has a population of at least 150,000. Population shall be determined using the 2000 census. ``(4) Economic conditions.--The economic conditions referred to in this paragraph are growth in-- ``(A) employment, ``(B) annual payroll, and ``(C) business establishments. ``(5) Residential economic well-being factors.--The residential economic well-being factors referred to in the paragraph are-- ``(A) per capita income, ``(B) median household income, ``(C) poverty rate, ``(D) unemployment rate, and ``(E) labor force participation rate. ``(e) Micropolitan Statistical Area High Job-Loss Zone.--For purposes of this section-- ``(1) In general.--The term `micropolitan statistical area high job-loss zone' means any standard micropolitan statistical area designated by the Secretary for purposes of this section. Designations under the preceding sentence shall be made not later than January 1, 2009. ``(2) Standards for designations.--An area may be designated by the Secretary under paragraph (1) if the Secretary determines that-- ``(A) any eligible city in such area is among of the lowest \1/3\ of all eligible cities ranked on the basis of-- ``(i) the economic conditions referred to in paragraph (4), and ``(ii) the residential economic well-being factors referred to in paragraph (5), and ``(B) the area is among the lowest \1/3\ of all standard metropolitan statistical areas ranked on the basis of comparing changes in-- ``(i) employment, ``(ii) wages, ``(iii) gross metropolitan product, and ``(iv) gross metropolitan product per job, between the 1990 and 2000 censuses. ``(3) Eligible cities.--For purposes of paragraph (1), the term `eligible city' means, with respect to a standard metropolitan statistical area, any city in such area which has a population of at least 10,000 but less than 50,000 (determined using the 2000 census). ``(4) Economic conditions.--The economic conditions referred to in this paragraph are growth in-- ``(A) employment, ``(B) annual payroll, and ``(C) business establishments. ``(5) Residential economic well-being factors.--The residential economic well-being factors referred to in the paragraph are-- ``(A) per capita income, ``(B) median household income, ``(C) poverty rate, ``(D) unemployment rate, ``(E) average age of housing stock, and ``(F) labor force participation rate. ``(f) Special Rules.--Rules similar to the rules of paragraphs (1) through (7) of section 199(d) shall apply for purposes of this section. ``(g) Regulations.--The Secretary shall prescribe such regulations as are appropriate to carry out this section. ``(h) Application of Section.--The section shall apply to taxable years beginning after December 31, 2008, and before January 1, 2014.''. (b) Minimum Tax.--Section 56(g)(4)(C) of such Code (relating to disallowance of items not deductible in computing earnings and profits) is amended by adding at the end the following new clause: ``(vii) Deduction for high job-loss zone income.--Clause (i) shall not apply to any amount allowable as a deduction under section 199.''. (c) Technical Amendments.-- (1) Sections 86(b)(2)(A), 135(c)(4)(A), 137(b)(3)(A), 219(g)(3)(A)(ii), 221(b)(2)(C)(i), 222(b)(2)(C)(i), 246(b)(1), and 469(i)(3)(F)(iii) of such Code are each amended by inserting ``200,'' after ``199,''. (2) Subsection (a) of section 613 of such Code is amended by inserting ``or 200'' after ``199''. (3) Subsection (a) of section 1402 of such Code is amended by striking ``and'' at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting ``, and'', and by inserting after paragraph (17) the following new paragraph: ``(18) the deduction provided by section 200 shall not be allowed.''. (4) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 200. Income attributable to business activities conducted in high-job loss areas.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. (e) Reporting.--The Secretary of the Treasury shall submit reports to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate detailing the impact of section 200 of the Internal Revenue Code of 1986 (as added by this section) on retaining and attracting new businesses to high job-loss zones. Such reports shall be submitted annually for each calendar year included in the period specified in section 200(g) of such Code.

Tax Incentives for Growth, Expansion and Revitalization Act of 2008 - Amends the Internal Revenue Code to allow employers in a high-job loss area a tax deduction for 50% of the income attributable to trade or business activities conducted in such area. Designates an area as a high-job loss area based upon standards relating to employment, annual payroll, and business establishments. Makes such tax deduction applicable to taxable years beginning after December 31, 2008, and before January 1, 2014.

To amend the Internal Revenue Code of 1986 to allow a deduction for income attributable to business activities conducted in high job-loss areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``White House Conference on Autism Act of 2009''. SEC. 2. FINDINGS. The Congress finds the following: (1) Autism Spectrum Disorders (ASD) are the fastest-growing serious developmental disability in the U.S. occurring in all racial, ethnic, and socioeconomic groups. (2) According to the Centers for Disease Control and Prevention's Autism and Disabilities Monitoring Network the rate of Autism in the United States has exploded from an estimated 1 in 10,000 during the 1980s to a the current rate of 1 in 150 demonstrating that the United States is facing an literal epidemic of autism. (3) The epidemic shows no sign of slowing as a new case of autism is diagnosed almost every 20 minutes. (4) More children will be diagnosed with autism this year than with AIDS, diabetes, and cancer combined. (5) Autism costs the Nation over $35,000,000,000 per year, a figure expected to significantly increase in the next decade. (6) Autism is a life changing condition not a life threatening condition. Our Nation's educational, labor, housing and medical communities are ill-equipped and undertrained to handle a generation of autism individuals. (7) In the long-term, this autism epidemic could potentially deprive our Nation of a huge pool of future military, industrial, medical, and scientific talent. (8) Although autism spectrum disorders are an urgent societal concern and comprehensive research is the best hope for understanding the causes of autism and other developmental disorders, autism receives less than 5 percent of the Federal research funding of many less prevalent childhood diseases. (9) In December 2006, Congress passed and President Bush signed into law the ``Combating Autism Act of 2006,'' which committed nearly $1,000,000,000 to autism research, including essential research on environmental factors, treatments, and early identification and support services. (10) A White House Conference on Autism presents an historic opportunity to build on the foundation of the Combating Autism Act to advance the scientific study and analysis of many promising cutting-edge treatments and services for autism. SEC. 3. AUTHORIZATION OF THE CONFERENCE. (a) Authority To Call Conference.--Not later than December 31, 2010, the President shall call the White House Conference on Autism (in this Act referred to as the ``Conference'') to be convened not later than 18 months after the selection of the Policy Committee established in section 4, in order to make fundamental policy recommendations on ways to combat the autism epidemic in the United States and to implement the purposes set forth in subsection (c). (b) Planning and Direction.--The Secretary of Health and Human Services, the Secretary of Education, and the Secretary of Housing and Urban Development (in this Act referred to as the ``Cochairs'') shall plan, conduct, and convene the Conference, in consultation with the Surgeon General. (c) Purposes of the Conference.--The purposes of the Conference are to-- (1) galvanize a national effort to find the underlying cause or causes of autism; (2) identify viable solutions and valuable services to help autistic individuals and families of autistic individuals meet the challenges they face on a daily basis; (3) bring together the best scientific minds to chart a comprehensive research agenda, including the exploration of potential environmental triggers or contributors; (4) bring together parents of autistic children and leaders in the field of education and social services to begin a national dialogue about addressing the life-long challenges faced by these children and their families; (5) highlight emerging and innovative programs from the public and private sectors, including community-based and faith-based organizations that effectively serve the needs of autistic children and adults and recommend such programs as can be reasonably and cost-effectively replicated; and (6) review the current structure, scope, and effectiveness of existing legislation and programs at the Federal, State, and local levels that provide autism research services; and to develop such specific and comprehensive recommendations for legislative action as may be appropriate for improving those bills and programs with the aim of enhancing the health, quality of life and well-being of autistic individuals and their families. SEC. 4. POLICY COMMITTEE; RELATED COMMITTEES. (a) Establishment.--Not later than June 30, 2009, there is established a Policy Committee comprising of 17 members to be selected as follows: (1) Presidential appointees.--Nine members shall be selected by the President and shall include-- (A) 3 members who are officers or employees of the United States, including the Surgeon General; and (B) 6 members with experience in addressing the needs of people with autism spectrum disorders in the United States. (2) House appointees.-- (A) Two members shall be selected by the Speaker of the House of Representatives after consultation with the chairperson of the Committee on Education and Labor, and the chairperson of the Committee on Energy and Commerce, of the House of Representatives. (B) Two members shall be selected by the minority leader of the House of Representatives, after consultation with the ranking minority members of such committees. (3) Senate appointees.-- (A) Two members shall be selected by the majority leader of the Senate, after consultation with members of the Committee on Health, Education, Labor, and Pensions, and the Committee on Banking, Housing, and Urban Affairs of the Senate. (B) Two members shall be selected by the minority leader of the Senate, after consultation with members of such committees. (b) Special Qualifications.--Of the members of the Policy Committee appointed under paragraph (a)(1)(B), (a)(2), and (a)(3), 50 percent must be drawn from private industry, the nonprofit sector, or academia, of whom-- (1) at least 1 shall be a parent or legal guardian of individuals with autism or other pervasive developmental disorders; (2) at least 1 other shall be knowledgeable about autism intervention programs and systems, including complementary and alternative therapies; (3) at least 1 other shall be knowledgeable about programs specifically designed to meet the unique educational needs of children and adults with autism; (4) at least 1 other shall be knowledgeable about programs specifically designed to meet the unique housing needs of children and adults with autism; (5) at least 1 other shall be knowledgeable about programs specifically designed to train and educate law enforcement and criminal justice officials to respond to the unique needs of children and adults with autism; and (6) at least 1 other shall be knowledgeable about environmental or toxic exposure of adults and children as it relates to the development of autism. (c) Voting; Chairperson.-- (1) Voting.--The Policy Committee shall act by the vote of a majority of the members present. A quorum of Committee members shall be required to conduct Committee business. (2) Chairperson.--The Surgeon General shall serve as the chairperson of the Policy Committee. The chairperson may vote only to break a tie vote of the other members of the Policy Committee. (d) Duties of the Policy Committee.--The Policy Committee shall initially meet at the call of the Cochairs, not later than 30 days after the last member is selected under subsection (a). Subsequent meetings of the Policy Committee shall be held at the call of the chairperson. Through meetings, hearings, and working sessions, the Policy Committee shall-- (1) make recommendations to the Cochairs to facilitate the timely convening of the Conference; (2) submit to the Cochairs a proposed agenda for the Conference not later than 90 days after the first meeting of the Policy Committee; (3) make recommendations for the delegates of the Conference; (4) establish the number of delegates to be selected under section 5; and (5) establish an executive committee consisting of 3 members of the Policy Committee to work with delegates of the Conference. SEC. 5. CONFERENCE DELEGATES. To carry out the purposes of the Conference, the Cochairs shall bring together delegates representative of the spectrum of thought in the field of autism and neurodevelopmental disorders, without regard to political affiliation or past partisan activity, who shall include-- (1) representatives of Federal, State, and local governments; (2) professional people and laypeople who are working in the field of autism and neurodevelopmental disorders; and (3) representatives of the general public who are affected by autism spectrum disorders in the United States. SEC. 6. CONFERENCE ADMINISTRATION. (a) Administration.--In administering this section, the Cochairs shall-- (1) provide written notice to all members of the Policy Committee of each meeting, hearing, or working session of such Committee not later than 48 hours before the occurrence of such meeting, hearing, or working session; (2) request the cooperation and assistance of the heads of such other Federal departments and agencies as may be appropriate, including the detailing of personnel; (3) make available for public comment a proposed agenda prepared by the Policy Committee, which will reflect to the greatest extent possible the major issues facing the field of autism consistent with the purposes of the Conference set forth in section 3(c); (4) prepare and make available background materials that the Cochairs deem necessary for the use of delegates to the Conference; and (5) employ such additional personnel as may be necessary to carry out the provisions of this Act without regard to provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (b) Duties.--In carrying out the Cochairs's responsibilities and functions under this section, the Cochairs shall ensure that-- (1) the proposed agenda prepared under subsection (a)(3) is published in the Federal Register not later than 30 days after such agenda is approved by the Policy Committee; (2) the personnel employed under subsection (a)(5) are fairly balanced in terms of points of views represented and are appointed without regard to political affiliation or previous partisan activities; (3) the recommendations of the Conference are not inappropriately influenced by any public official or by any special interest, but instead are the result of the independent and collective judgment of the delegates of the Conference; and (4) before the Conference is convened-- (A) current and adequate statistical data (including decennial census data) and other information on autism spectrum disorders in the United States; and (B) such information as may be necessary to evaluate Federal programs and policies relating to autism spectrum disorders; which the Cochairs may obtain by making grants to or entering into an agreement with, public agencies or nonprofit organizations, are readily available in advance of the Conference to the delegates. (c) Gifts.--The Cochairs may accept, on behalf of the United States, gifts (in cash or in kind, including voluntary and uncompensated services), which shall be available to carry out this Act. Gifts of cash shall be available in addition to amounts appropriated to carry out this title. Gifts may be earmarked by the donor or the executive committee for a specific purpose. (d) Records.--The Cochairs shall maintain records regarding-- (1) the sources, amounts, and uses of gifts accepted under subsection (c); and (2) the identity of each person receiving assistance to carry out this Act, and the amount of such assistance received by each such person. SEC. 7. REPORT OF THE CONFERENCE. (a) Preliminary Report.--Not later than 100 days after the Conference adjourns, the Policy Committee shall prepare a preliminary report on the Conference which shall be published in the Federal Register and submitted to the chief executive officers of the States. The Policy Committee shall request that the chief executive officers of the States submit to the Policy Committee, not later than 45 days after receiving such report, their views and findings on such report. (b) Final Report.--Not later than 6 months after the date on which the Conference adjourns, the Policy Committee shall-- (1) prepare a final report of the Conference which shall include a compilation of the views and findings of the chief executive officers of the States received under subsection (a); and (2) publish in the Federal Register, and transmit to the President and to Congress, the recommendations for the administrative action and the legislation necessary to implement the recommendations contained in such report. SEC. 8. STATUS REPORTS. (a) Initial Status Report.--Not later than 2 years after the date on which the Conference adjourns, the Surgeon General shall-- (1) prepare a status report documenting the implementation of the recommendations contained in the final report described in section 7(b)(1); and (2) publish in the Federal Register, and transmit to the President and to Congress, such status report. (b) Subsequent Status Reports.--Not later than 5 years after the date on which the Conference adjourns, and every 5 years thereafter until all recommendations in the final report described in section 7(b)(1) are achieved, the Comptroller General shall-- (1) prepare a status report documenting the implementation of the recommendations contained in such final report; and (2) publish in the Federal Register, and transmit to the President and to Congress, such status report. SEC. 9. DEFINITION OF STATE. For the purposes of this Act, the term ``State'' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, or the Commonwealth of the Northern Mariana Islands. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.-- (1) In general.--There are authorized to be appropriated to carry out this Act-- (A) such sums as may be necessary for the first fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) such sums as may be necessary for the fiscal year in which the Conference is held. (2) Limitation.--Any new spending authority or new authority to enter into contracts under this Act, and under which the United States is obligated to make outlays, shall be effective only to the extent, and in such amounts, as are provided in advance in appropriations Acts. (b) Availability of Funds.-- (1) In general.--Except as provided in paragraph (3), funds appropriated to carry out this Act and funds received as gifts under section 6(c) shall remain available for obligation or expenditure until the expiration of the 1-year period beginning on the date the Conference adjourns. (2) Unobligated funds.--Except as provided in paragraph (3), any such funds neither expended nor obligated before the expiration of the 1-year period beginning on the date the Conference adjourns shall be returned to the United States Treasury. (3) Conference not convened.--If the Conference is not convened before December 31, 2010, a trust fund shall be established and such funds shall only be available for a future Conference on Autism.

White House Conference on Autism Act of 2009 - Requires the President, by December 31, 2010, to call the White House Conference on Autism (to be convened within 18 months of the selection of a Policy Committee) to make fundamental policy recommendations on ways to combat the autism epidemic in the United States. Sets forth as purposes of the Conference to: (1) galvanize a national effort to find the underlying causes of autism; (2) identify viable solutions and valuable services to help autistic individuals and their families; (3) bring together the best scientific minds to chart a comprehensive research agenda; (4) bring together parents of autistic children and leaders in the fields of education and social services to begin a national dialogue on the challenges faced by these children and their families; (5) highlight emerging and innovative programs that effectively serve the needs of autistic children and adults; and (6) review the effectiveness of existing legislation and programs that provide autism research services and develop recommendations for legislative action for improvements.

To require the President to call a White House Conference on Autism.

SECTION 1. INTERNATIONAL INTELLECTUAL PROPERTY PROTECTION OBJECTIVES. The principal objectives of the United States regarding international protection of intellectual property rights are-- (1) to accelerate the full implementation of parts I, II, and III of the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereafter referred to as the ``Agreement on TRIPS''); (2) to seek enactment and effective implementation by foreign countries of standards for protection and enforcement of intellectual property rights that supplement and strengthen the standards and obligations contained in the Agreement on TRIPS and the North American Free Trade Agreement, including, but not limited to-- (A) supplementing and strengthening such standards and obligations through bilateral and multilateral agreements to assure the protection of new and emerging technologies, and new methods of transmission, distribution, and use, and (B) eliminating discrimination, unreasonable exceptions, or preconditions with respect to the protection, enforcement, or commercial enjoyment of the full economic benefits arising from any use or exploitation of intellectual property rights; (3) to secure fair, equitable, and nondiscriminatory market access opportunities for United States persons holding intellectual property rights, including rights that are currently or that may later be granted by a foreign country to its own nationals with respect to the use or exploitation of intellectual property; (4) to take an active role in the development of the intellectual property regime under the World Trade Organization (hereafter referred to as the ``WTO''), particularly with respect to monitoring implementation of the regime by WTO members and use of the WTO dispute settlement procedures; (5) to take an active role in the World Intellectual Property Organization (hereafter referred to as the ``WIPO'') and to ensure that the WIPO and the WTO work together in a mutually supportive fashion; (6) to establish and maintain a Model Intellectual Property Agreement which sets forth a high level of intellectual property rights protection and to ensure that all future international trade agreements entered into by the United States are based on the Model Intellectual Property Agreement; (7) to make protection of intellectual property rights a priority factor for determining eligibility to participate in future free trade agreements and the generalized system of preferences; (8) to ensure that countries or fast-growing economic entities that seek to accede to the WTO agree to full and effective implementation of parts I, II, and III of the Agreement on TRIPS and resolve any major outstanding intellectual property-related issues of concern to the United States prior to accession; (9) to require that United States diplomatic missions abroad include intellectual property rights protection as a priority objective of the mission; and (10) to take appropriate action, including the establishment of technical cooperation committees, to encourage and help foreign countries improve the protection of intellectual property rights. SEC. 2. REQUIREMENTS FOR ENTRY INTO NEW FREE TRADE AGREEMENTS. (a) In General.--Notwithstanding any other provision of law, the President may not negotiate any new free trade agreement with a foreign country, unless the President first determines that such country-- (1) is fully implementing parts I, II, and III of the Agreement on TRIPS, and (2) is willing to enter into an agreement with the United States to provide intellectual property rights protection in line with the protection set forth in the Model Intellectual Property Agreement developed pursuant to section 6. (b) Upgrading Existing Free Trade Agreements.--If, after the date of the enactment of this Act, the United States enters into a free trade agreement with a foreign country that provides greater protection of intellectual property rights than a free trade agreement previously negotiated with another country, the President shall seek to amend such previously negotiated agreement to provide for such greater protection of intellectual property rights. (c) Notice to Congressional Committees.--The President shall provide written notice to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives of-- (1) any determination made under subsection (a), and (2) any progress made in amending a previously negotiated free trade agreement under subsection (b). SEC. 3. IDENTIFICATION OF COUNTRIES THAT DENY ADEQUATE PROTECTION OR MARKET ACCESS FOR INTELLECTUAL PROPERTY RIGHTS. Section 182 of the Trade Act of 1974 (19 U.S.C. 2242) is amended-- (1) in subsection (a)(1)-- (A) by striking ``or'' at the end of subparagraph (A), (B) by striking ``and'' at the end of subparagraph (B) and inserting ``or'', and (C) by adding at the end the following new subparagraph: ``(C) deny the opportunity to enjoy on a nondiscriminatory basis full commercial benefits associated with exercising rights in protected works, fixations, or products embodying protected works, and''; (2) in subsection (b), by adding at the end the following new paragraph: ``(4) In identifying a priority foreign country under subsection (a) (1) and (2), the Trade Representative shall take into account-- ``(A) the history of intellectual property protection laws and practices of the foreign country, including any past identification of the country under such paragraphs (1) and (2), and ``(B) the history of the efforts of the United States and the responses of the foreign country to achieve adequate and effective protection of intellectual property rights.''; and (3) in subsection (d)-- (A) by amending paragraph (2) to read as follows: ``(2) A foreign country denies adequate and effective protection of intellectual property rights, if-- ``(A) the foreign country is not implementing parts I, II, and III of the Agreement on TRIPS, or ``(B) in the case of a foreign country that is implementing parts I, II, and III of the Agreement on TRIPS, or has entered into any other bilateral, regional, or multilateral agreement with respect to the United States, the foreign country-- ``(i) continues to deny adequate and effective opportunity for persons who are not citizens or nationals of such foreign country to secure, exercise, and enjoy full commercial benefits with respect to intellectual property rights, or ``(ii) does not enforce rights relating to patents, process patents, registered trademarks, copyrights and related rights, trade secrets, and mask works.''; (B) by amending so much of paragraph (3) as precedes subparagraph (A) to read as follows: ``(3) A foreign country denies fair and equitable market access if the foreign country effectively denies access to a market for a product protected by a patent, process patent, registered trademark, copyright or related right, trade secret, or mask work through the use of laws, procedures, or regulations which--''; and (C) by adding at the end the following new paragraphs: ``(4) A foreign country denies the opportunity to enjoy the commercial benefits associated with exercising rights in protected works, fixations, or products embodying protected rights, if the foreign country grants access to methods of distribution or collection of revenues generated from the use or fixation of a product embodying protected rights, or any other benefit relating to such works, fixations, or products embodying protected rights, on terms more advantageous to its own nationals than to nationals of another country. ``(5) The term `Agreement on TRIPS' means the Agreement on Trade-Related Aspects of Intellectual Property Rights entered into as part of the Uruguay Round Agreements resulting from the multilateral trade negotiations conducted under the auspices of the General Agreement on Tariffs and Trade.''. SEC. 4. EXPANSION OF TRADE SANCTIONS. (a) In General.--Section 301(c) of the Trade Act of 1974 (19 U.S.C. 2411(c)) is amended by adding at the end the following new paragraph: ``(7) The President is authorized to take such other action with respect to the United States relations with a foreign country as is necessary and appropriate to enforce the rights of the United States under any trade agreement or to eliminate an act, policy, or practice described in subsection (a) or (b).''. (b) Unreasonable Acts, Policies, or Practices.--Section 301(d)(3)(B)(i)(II) of such Act (19 U.S.C. 2411(d)(3)(B)(i)(II)) is amended to read as follows: ``(II) provision of adequate and effective protection of intellectual property rights, without regard to whether the country is fully implementing parts I, II, and III of the Agreement on TRIPS or the obligations of any other bilateral, regional, or multilateral agreement, or''. (c) Conforming Amendment.--Section 301(d) of such Act (19 U.S.C. 2411(d)) is amended by adding at the end the following new paragraph: ``(10) The term `Agreement on TRIPS' means the Agreement on Trade-Related Aspects of Intellectual Property Rights entered into as part of the Uruguay Round Agreements resulting from the multilateral trade negotiations conducted under the auspices of the General Agreement on Tariffs and Trade.''. SEC. 5. ELIGIBILITY FOR GSP TREATMENT. Section 504(b) of the Trade Act of 1974 (19 U.S.C. 2464(b)) is amended to read as follows: ``(b) Changed Circumstances and Identification Under Section 182(a).-- ``(1) In general.--The President shall, after complying with the requirements of section 502(a)(2), withdraw or suspend the designation of any country as a beneficiary developing country if, after such designation, the President determines-- ``(A) that as the result of changed circumstances such country would be barred from designation as a beneficiary developing country under section 502(b), or ``(B) such country has been identified under section 182(a) and, after completion of an investigation under title III, such country has not implemented measures to eliminate the reason for such country's identification under section 182(a)(1). Such country shall cease to be a beneficiary developing country on the day on which the President issues an Executive order or Presidential proclamation revoking his designation of such country under section 502. ``(2) Redesignation.--Subject to the provisions of section 501, the President may redesignate a country as a beneficiary developing country if-- ``(A) such country's designation was withdrawn or suspended pursuant to paragraph (1)(B), and ``(B) such country is taking action to eliminate the reasons for which it was identified under section 182(a)(1).''. SEC. 6. MODEL INTELLECTUAL PROPERTY AGREEMENT. (a) In General.--The United States Trade Representative, in consultation with appropriate United States Government agencies and the private sector, shall-- (1) develop and maintain a Model Intellectual Property Agreement which contains provisions for a high level of protection of intellectual property rights that supplement and strengthen the standards and obligations contained in the Agreement on TRIPS and the North American Free Trade Agreement, and (2) review periodically the Model Intellectual Property Agreement to ensure that it reflects adequate protection for new and emerging technologies. (b) Use of Model.--The Model Intellectual Property Agreement shall represent the negotiating objectives of the United States in all international negotiations involving the protection of intellectual property rights. SEC. 7. ANNUAL INTERNATIONAL INTELLECTUAL PROPERTY PROTECTION REPORT. Section 163(a)(2) of the Trade Act of 1974 (19 U.S.C. 2213(a)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (J), and (2) by striking the period at the end of subparagraph (K) and inserting: ``, and ``(L) a review of the efforts undertaken during the preceding calendar year by each agency of the United States in support of international protection of intellectual property rights.''. SEC. 8. PRIVATE SECTOR INVOLVEMENT IN INTERNATIONAL DISPUTE SETTLEMENT. Not later than 90 days after the date of the enactment of this Act, the United States Trade Representative shall develop and implement a procedure for interested persons from the private sector to participate in the preparation for dispute settlement proceedings which involve intellectual property rights and with respect to which the United States is a party.

(Sec. 1) Sets forth U.S. objectives with respect to the international protection of intellectual property rights. (Sec. 2) Prohibits the President from negotiating any new free trade agreement with a foreign country, unless it is determined that such country: (1) is fully implementing the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); and (2) is willing to enter into an agreement with the United States to provide intellectual property rights protection in line with that set forth in the Model Intellectual Property Agreement. Requires the President to amend existing free trade agreements to provide greater protection of such rights. (Sec. 3) Amends the Trade Act of 1974 to require the United States Trade Representative (USTR), among other things, to identify those foreign countries that deny the opportunity to enjoy on a nondiscriminatory basis full commercial benefits associated with exercising rights in protected works, fixations, or products embodying protected works. Sets forth additional factors the USTR must take into account in identifying a priority foreign country. Revises provisions regarding a foreign country's denial of: (1) adequate protection of intellectual property rights; and (2) fair market access. Specifies when a foreign country denies the opportunity to enjoy the commercial benefits associated with exercising rights in protected works, fixations, or products embodying protected rights. (Sec. 4) Authorizes the President, in addition to other specified sanctions, to take other necessary action to enforce U.S. rights under a trade agreement or to eliminate any foreign country act, policy, or practice which violates such agreement, or burdens or restricts U.S. commerce. Revises the definition of when an act, policy, or practice is unreasonable to include any act, policy, or practice which denies fair and equitable provision of adequate protection of intellectual property rights, without regard to whether the country is fully implementing TRIPS, or the obligations of any other bilateral, regional, or multilateral agreement. (Sec. 5) Requires the President, after complying with certain requirements, to withdraw or suspend the designation of a country as a beneficiary developing country that is eligible to receive benefits under the General System of Preferences, if it is determined that such country has been identified as a foreign priority country that denies fair and equitable protection of intellectual property rights and has failed to eliminate such practice. Provides for the redesignation of a country as a beneficiary developing country. (Sec. 6) Requires the USTR to: (1) develop a Model Intellectual Property Agreement which contains provisions for the protection of intellectual property rights that supplement the standards contained in TRIPS and the North American Free Trade Agreement (NAFTA); and (2) review periodically the Model Intellectual Property Agreement to ensure it reflects adequate protection for new technologies. (Sec. 7) Requires the President's annual international intellectual property protection report to include a review of the efforts undertaken during the preceding calendar year by each U.S. agency in support of international protection of intellectual property rights. (Sec. 8) Requires the USTR to develop a procedure for interested private sector persons to participate in the preparation for dispute settlement proceedings which involve the United States with respect to intellectual property rights.

A bill to improve the protection of intellectual property rights through the implementation of the Uruguay Round Agreements, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable Mortgage for Homeowners Act of 2011''. SEC. 2. PRINCIPAL REDUCTION OF MORTGAGES OWNED OR GUARANTEED BY FANNIE MAE AND FREDDIE MAC. (a) Program Authority.--The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall each carry out a program under this section to provide for the reduction of the interest rates on qualified mortgages on single-family housing owned or guaranteed by such enterprises, in accordance with this section and policies and procedures that the Director of the Federal Housing Finance Agency shall establish. (b) Timing.--Each enterprise shall commence the program required under subsection (a) upon the expiration of the 90-day period beginning upon the date of the enactment of this Act and shall complete all reductions of the interest rates of qualified mortgages required under the program not later than the expiration of the 12-month period beginning upon the commencement of such program. (c) Interest Rate Reduction.--In reducing the interest rate on a qualified mortgage under a program of an enterprise required under this section, the enterprise shall reduce the annual rate of interest charged with respect to the outstanding principal obligation of the mortgage for the remainder of the term of the mortgage, notwithstanding whether the interest rate under the mortgage is otherwise subject to adjustment during such mortgage term, to a fixed interest rate that is the lesser of-- (1) 4 percent annually; or (2) the rate for a 30-year fixed rate mortgage, as most recently published in the Weekly Primary Mortgage Market Survey of the Federal Home Loan Mortgage Corporation, as of the time of such interest rate reduction for such qualified mortgage. (d) Exempt Mortgages.--The Director shall provide that the following qualified mortgages shall not be subject to reduction of the interest rate under a program under this section: (1) Fixed-rate mortgages.--In the case of a qualified mortgage having a rate of interest that is fixed for the entire term of the mortgage, any mortgage having such an interest rate that is a lower than the interest rate determined for the mortgage under subsection (c). (2) Adjustable-rate mortgages.--In the case of a mortgage having a rate of interest that is subject to adjustment during the term of the mortgage, any mortgage for which the interest rate cannot, as a result of the terms of the terms and conditions of the mortgage, exceed the interest rate determined for the mortgage under subsection (c) at any time during the term of the mortgage. (e) Option to Opt-Out.--Each program of an enterprise required under this section shall provide for the enterprise to-- (1) notify the mortgagor under a qualified mortgage in writing, before the proposed reduction of the interest rate on qualified mortgage of the mortgagor, of-- (A) such proposed reduction and the interest rate applicable to the mortgage upon such reduction; and (B) the opportunity, in accordance with paragraph (2), for the mortgagor to request that no such interest rate reduction be applied with respect to such mortgage; and (2) forego such interest rate reduction with respect to the qualified mortgage of a mortgagor upon receipt by the enterprise of a request by the mortgagor that no such interest rate reduction be applied with respect to such mortgage. (f) Maintenance of Loan Status.--Any reduction of the interest rate on a qualified mortgage under a program under this section shall not result in the treatment of the modified mortgage as a new mortgage. (g) Definitions.--For purposes of this section, the following definitions shall apply: (1) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (2) Enterprise.--The term ``enterprise'' means the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. (3) Qualified mortgage.--The term ``qualified mortgage'' means a mortgage, without regard to whether the mortgagor is current or in default on payments due under the mortgage, that-- (A) is an existing first mortgage that was made for purchase of, or refinancing another first mortgage on, a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association, that is occupied by the mortgagor as the principal residence of the mortgagor; (B) is owned or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; and (C) was originated on or before the date of the enactment of this Act. (h) Regulations.--The Director shall issue any regulations or guidance necessary to carry out the programs required under this section not later than the expiration of the 90-day period that begins on the date of the enactment of this Act.

Affordable Mortgage for Homeowners Act of 2011 - Directs the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) each to carry out a program to provide for the reduction of the interest rates on qualified mortgage mortgages (other than fixed-rate or adjustable-rate mortgages) on single-family housing owned or guaranteed by such enterprises, in accordance with policies and procedures that the Director of the Federal Housing Finance Agency (FHFA) shall establish. Requires each program to provide a procedure for mortgagors to opt-out of an interest rate reduction.

To reduce the interest rates on mortgages owned or guaranteed by Fannie Mae and Freddie Mac.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ocean and Coastal Mapping Integration Act''. SEC. 2. ESTABLISHMENT OF PROGRAM. (a) In General.--The President, in coordination with the Interagency Committee on Ocean and Coastal Mapping and affected coastal states, shall establish a program to develop a coordinated and comprehensive Federal ocean and coastal mapping plan for the Great Lakes and coastal state waters, the territorial sea, the exclusive economic zone, and the continental shelf of the United States that enhances ecosystem approaches in decision-making for conservation and management of marine resources and habitats, establishes research and mapping priorities, supports the siting of research and other platforms, and advances ocean and coastal science. (b) Membership.--The Committee shall be comprised of high-level representatives of the Department of Commerce, through the National Oceanic and Atmospheric Administration, the Department of the Interior, the National Science Foundation, the Department of Defense, the Environmental Protection Agency, the Department of Homeland Security, the National Aeronautics and Space Administration, and other appropriate Federal agencies involved in ocean and coastal mapping. (c) Program Parameters.--In developing such a program, the President, through the Committee, shall-- (1) identify all Federal and federally funded programs conducting shoreline delineation and ocean or coastal mapping, noting geographic coverage, frequency, spatial coverage, resolution, and subject matter focus of the data and location of data archives; (2) facilitate cost-effective, cooperative mapping efforts that incorporate policies for contracting with non-governmental entities among all Federal agencies conducting ocean and coastal mapping, by increasing data sharing, developing appropriate data acquisition and metadata standards, and facilitating the interoperability of in situ data collection systems, data processing, archiving, and distribution of data products; (3) facilitate the adaptation of existing technologies as well as foster expertise in new ocean and coastal mapping technologies, including through research, development, and training conducted among Federal agencies and in cooperation with non-governmental entities; (4) develop standards and protocols for testing innovative experimental mapping technologies and transferring new technologies between the Federal Government, coastal state, and non-governmental entities; (5) provide for the archiving, management, and distribution of data sets through a national registry as well as provide mapping products and services to the general public in service of statutory requirements; (6) develop data standards and protocols consistent with standards developed by the Federal Geographic Data Committee for use by Federal, coastal state, and other entities in mapping and otherwise documenting locations of federally permitted activities, living and nonliving coastal and marine resources, marine ecosystems, sensitive habitats, submerged cultural resources, undersea cables, offshore aquaculture projects, offshore energy projects, and any areas designated for purposes of environmental protection or conservation and management of living and nonliving coastal and marine resources; (7) identify the procedures to be used for coordinating the collection and integration of Federal ocean and coastal mapping data with coastal state and local government programs; (8) facilitate, to the extent practicable, the collection of real-time tide data and the development of hydrodynamic models for coastal areas to allow for the application of V- datum tools that will facilitate the seamless integration of onshore and offshore maps and charts; (9) establish a plan for the acquisition and collection of ocean and coastal mapping data; and (10) set forth a timetable for completion and implementation of the plan. SEC. 3. INTERAGENCY COMMITTEE ON OCEAN AND COASTAL MAPPING. (a) In General.--The Administrator of the National Oceanic and Atmospheric Administration, within 30 days after the date of enactment of this Act, shall convene or utilize an existing interagency committee on ocean and coastal mapping to implement section 2. (b) Membership.--The committee shall be comprised of senior representatives from Federal agencies with ocean and coastal mapping and surveying responsibilities. The representatives shall be high- ranking officials of their respective agencies or departments and, whenever possible, the head of the portion of the agency or department that is most relevant to the purposes of this Act. Membership shall include senior representatives from the National Oceanic and Atmospheric Administration, the Chief of Naval Operations, the United States Geological Survey, the Minerals Management Service, the National Science Foundation, the National Geospatial-Intelligence Agency, the United States Army Corps of Engineers, the Coast Guard, the Environmental Protection Agency, the Federal Emergency Management Agency, the National Aeronautics and Space Administration, and other appropriate Federal agencies involved in ocean and coastal mapping. (c) Co-chairmen.--The Committee shall be co-chaired by a representative of the Department of Commerce and a representative of the Department of the Interior. (d) Subcommittee.--The co-chairmen shall establish a subcommittee to carry out the day-to-day work of the Committee, comprised of senior representatives of any member agency of the committee. Working groups may be formed by the full Committee to address issues of short duration. The subcommittee shall be chaired by the representative from the National Oceanic and Atmospheric Administration. The chairmen of the Committee may create such additional subcommittees and working groups as may be needed to carry out the work of Committee. (e) Meetings.--The committee shall meet on a quarterly basis, but each subcommittee and each working group shall meet on an as-needed basis. (f) Coordination.--The committee shall coordinate activities when appropriate, with-- (1) other Federal efforts, including the Digital Coast, Geospatial One-Stop, and the Federal Geographic Data Committee; (2) international mapping activities; (3) coastal states; (4) user groups through workshops and other appropriate mechanisms; and (5) representatives of nongovernmental entities. (g) Advisory Panel.--The Administrator may convene an ocean and coastal mapping advisory panel consisting of representatives from nongovernmental entities to provide input regarding activities of the committee in consultation with the interagency committee. SEC. 4. BIENNIAL REPORTS. No later than 18 months after the date of enactment of this Act, and biennially thereafter, the co-chairmen of the Committee shall transmit to the Senate Committee on Commerce, Science, and Transportation, the Senate Committee on Energy and Natural Resources, and the House of Representatives Committee on Natural Resources a report detailing progress made in implementing this Act, including-- (1) an inventory of ocean and coastal mapping data within the territorial sea and the exclusive economic zone and throughout the Continental Shelf of the United States, noting the age and source of the survey and the spatial resolution (metadata) of the data; (2) identification of priority areas in need of survey coverage using present technologies; (3) a resource plan that identifies when priority areas in need of modern ocean and coastal mapping surveys can be accomplished; (4) the status of efforts to produce integrated digital maps of ocean and coastal areas; (5) a description of any products resulting from coordinated mapping efforts under this Act that improve public understanding of the coasts and oceans, or regulatory decision- making; (6) documentation of minimum and desired standards for data acquisition and integrated metadata; (7) a statement of the status of Federal efforts to leverage mapping technologies, coordinate mapping activities, share expertise, and exchange data; (8) a statement of resource requirements for organizations to meet the goals of the program, including technology needs for data acquisition, processing, and distribution systems; (9) a statement of the status of efforts to declassify data gathered by the Navy, the National Geospatial-Intelligence Agency, and other agencies to the extent possible without jeopardizing national security, and make it available to partner agencies and the public; (10) a resource plan for a digital coast integrated mapping pilot project for the northern Gulf of Mexico that will-- (A) cover the area from the authorized coastal counties through the territorial sea; (B) identify how such a pilot project will leverage public and private mapping data and resources, such as the United States Geological Survey National Map, to result in an operational coastal change assessment program for the subregion; (11) the status of efforts to coordinate Federal programs with coastal state and local government programs and leverage those programs; (12) a description of efforts of Federal agencies to increase contracting with nongovernmental entities; and (13) an inventory and description of any new Federal or federally funded programs conducting shoreline delineation and ocean or coastal mapping since the previous reporting cycle. SEC. 5. PLAN. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Administrator, in consultation with the Committee, shall develop and submit to the Congress a plan for an integrated ocean and coastal mapping initiative within the National Oceanic and Atmospheric Administration. (b) Plan Requirements.--The plan shall-- (1) identify and describe all ocean and coastal mapping programs within the agency, including those that conduct mapping or related activities in the course of existing missions, such as hydrographic surveys, ocean exploration projects, living marine resource conservation and management programs, coastal zone management projects, and ocean and coastal observations and science projects; (2) establish priority mapping programs and establish and periodically update priorities for geographic areas in surveying and mapping across all missions of the National Oceanic and Atmospheric Administration, as well as minimum data acquisition and metadata standards for those programs; (3) encourage the development of innovative ocean and coastal mapping technologies and applications, through research and development through cooperative or other agreements with joint or cooperative research institutes or centers and with other nongovernmental entities; (4) document available and developing technologies, best practices in data processing and distribution, and leveraging opportunities with other Federal agencies, coastal states, and nongovernmental entities; (5) identify training, technology, and other resource requirements for enabling the National Oceanic and Atmospheric Administration's programs, vessels, and aircraft to support a coordinated ocean and coastal mapping program; (6) identify a centralized mechanism or office for coordinating data collection, processing, archiving, and dissemination activities of all such mapping programs within the National Oceanic and Atmospheric Administration that meets Federal mandates for data accuracy and accessibility and designate a repository that is responsible for archiving and managing the distribution of all ocean and coastal mapping data to simplify the provision of services to benefit Federal and coastal state programs; and (7) set forth a timetable for implementation and completion of the plan, including a schedule for submission to the Congress of periodic progress reports and recommendations for integrating approaches developed under the initiative into the interagency program. (c) NOAA Joint Ocean and Coastal Mapping Centers.--The Administrator may maintain and operate up to 3 joint ocean and coastal mapping centers, including a joint hydrographic center, which shall each be co-located with an institution of higher education. The centers shall serve as hydrographic centers of excellence and may conduct activities necessary to carry out the purposes of this Act, including-- (1) research and development of innovative ocean and coastal mapping technologies, equipment, and data products; (2) mapping of the United States Outer Continental Shelf and other regions; (3) data processing for nontraditional data and uses; (4) advancing the use of remote sensing technologies, for related issues, including mapping and assessment of essential fish habitat and of coral resources, ocean observations, and ocean exploration; and (5) providing graduate education and training in ocean and coastal mapping sciences for members of the National Oceanic and Atmospheric Administration Commissioned Officer Corps, personnel of other agencies with ocean and coastal mapping programs, and civilian personnel. (d) NOAA Report.--The Administrator shall continue developing a strategy for expanding contracting with nongovernmental entities to minimize duplication and take maximum advantage of nongovernmental capabilities in fulfilling the Administration's mapping and charting responsibilities. Within 120 days after the date of enactment of this Act, the Administrator shall transmit a report describing the strategy developed under this subsection to the Senate Committee on Commerce, Science, and Transportation, the Senate Committee on Energy and Natural Resources, and the House of Representatives Committee on Natural Resources. SEC. 6. EFFECT ON OTHER LAWS. Nothing in this Act shall be construed to supersede or alter the existing authorities of any Federal agency with respect to ocean and coastal mapping. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--In addition to the amounts authorized by section 306 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892d), there are authorized to be appropriated to the Administrator to carry out this Act-- (1) $26,000,000 for fiscal year 2009; (2) $32,000,000 for fiscal year 2010; (3) $38,000,000 for fiscal year 2011; and (4) $45,000,000 for each of fiscal years 2012 through 2015. (b) Joint Ocean and Coastal Mapping Centers.--Of the amounts appropriated pursuant to subsection (a), the following amounts shall be used to carry out section 5(c) of this Act: (1) $11,000,000 for fiscal year 2009. (2) $12,000,000 for fiscal year 2010. (3) $13,000,000 for fiscal year 2011. (4) $15,000,000 for each of fiscal years 2012 through 2015. (c) Cooperative Agreements.--To carry out interagency activities under section 3 of this Act, the head of any department or agency may execute a cooperative agreement with the Administrator, including those authorized by section 5 of the Act of August 6, 1947 (33 U.S.C. 883e). SEC. 8. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the National Oceanic and Atmospheric Administration. (2) Coastal state.--The term ``coastal state'' has the meaning given that term by section 304(4) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(4). (3) Committee.--The term ``Committee'' means the Interagency Ocean and Coastal Mapping Committee described in section 3. (4) Exclusive economic zone.--The term ``exclusive economic zone'' means the exclusive economic zone of the United States established by Presidential Proclamation No. 5030, of March 10, 1983. (5) Ocean and coastal mapping.--The term ``ocean and coastal mapping'' means the acquisition, processing, and management of physical, biological, geological, chemical, and archaeological characteristics and boundaries of ocean and coastal areas, resources, and sea beds through the use of acoustics, satellites, aerial photogrammetry, light and imaging, direct sampling, and other mapping technologies. (6) Territorial sea.--The term ``territorial sea'' means the belt of sea measured from the baseline of the United States determined in accordance with international law, as set forth in Presidential Proclamation Number 5928, dated December 27, 1988. (7) Nongovernmental entities.--The term ``nongovernmental entities'' includes nongovernmental organizations, members of the academic community, and private sector organizations that provide products and services associated with measuring, locating, and preparing maps, charts, surveys, aerial photographs, satellite images, or other graphical or digital presentations depicting natural or manmade physical features, phenomena, and legal boundaries of the Earth. (8) Outer continental shelf.--The term ``Outer Continental Shelf'' means all submerged lands lying seaward and outside of lands beneath navigable waters (as that term is defined in section 2 of the Submerged Lands Act (43 U.S.C. 1301)), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.

Ocean and Coastal Mapping Integration Act - Directs the President to establish a a program to develop a coordinated and comprehensive federal ocean and coastal mapping program for the Great Lakes and coastal state waters, the territorial sea, the exclusive economic zone, and the U.S. continental shelf that enhances ecosystem approaches in decision-making for conservation and management of marine resources and habitats, establishes research and mapping priorities, supports the siting of research and other platforms, and advances ocean and coastal science. Directs the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to convene or use an existing interagency committee on ocean and coastal mapping to implement such program and to coordinate federal ocean and coastal mapping and surveying activities with other federal efforts (including the Digital Coast, Geospatial One-Stop, and the Federal Geographic Data Committee), international mapping activities, coastal states, user groups, and nongovernmental entities. Authorizes the Administrator to convene an ocean and coastal mapping advisory panel consisting of representatives from nongovernmental entities to provide input regarding activities of the committee. Directs the Administrator to develop a plan for an integrated ocean and coastal mapping initiative within NOAA that: (1) identifies all ocean and coastal mapping programs within NOAA, establishing priorities; (2) encourages the development of innovative ocean and coastal mapping technologies and applications; and (3) documents available and developing technologies, best practices in data processing and distribution, and leveraging opportunities with other federal agencies, coastal states, and nongovernmental entities. Authorizes the Administrator to establish joint ocean and coastal mapping centers of excellence (including a joint hydrographic center) in institutions of higher education to conduct specified activities, including: (1) research and development of innovative ocean and coastal mapping technologies, equipment, and data products; and (2) mapping of the U.S. outer continental shelf. Requires the Administrator to continue developing a strategy for expanding contracting with nongovernmental entities.

A bill to establish a coordinated and comprehensive Federal ocean and coastal mapping program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Accountability and Identity Fraud Elimination Act of 2004''. SEC. 2. WITHHOLDING FUNDS FOR ENACTMENT OF A LAW ALLOWING ISSUANCE OF IDENTIFICATION CARDS OR DRIVERS' LICENSES FOR CERTAIN INDIVIDUALS. (a) In General.--Subchapter I of chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 165. Withholding funds for enactment of a law allowing issuance of identification cards or drivers' licenses for certain individuals. ``(a) Withholding of Apportionments.-- ``(1) Fiscal year 2006.--The Secretary shall withhold 5 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (4) of section 104(b) on October 1, 2005, if the State has enacted a law described in paragraph (7) on or before that date. ``(2) Fiscal year 2007.--The Secretary shall withhold 10 percent (including any amounts withheld under paragraph (1)) of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (4) of section 104(b) on October 1, 2006 , if the State has enacted a law described in paragraph (7) on or before that date. ``(3) Fiscal year 2008.--The Secretary shall withhold 15 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (4) of section 104(b) on October 1, 2007, if the State has enacted a law described in paragraph (7) on or before that date. ``(4) Fiscal year 2009.--The Secretary shall withhold 20 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (4) of section 104(b) on October 1, 2008, if the State has enacted a law described in paragraph (7) on or before that date. ``(5) Fiscal year 2010.--The Secretary shall withhold 25 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (4) of section 104(b) on October 1, 2009, if the State has enacted a law described in paragraph (7) on or before that date. ``(6) Therafter.--The Secretary shall withhold 25 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (4) of section 104(b) on October 1 of each fiscal year thereafter if the State has enacted a law described in paragraph (7) on or before that date. ``(7) Requirement.--A State shall have funds withheld under this subsection if the State has enacted a law that allows the issuance of an identification card or a driver's license to an alien who is not legally authorized to be in the United States. ``(b) Period of Availability; Effect of Compliance and Noncompliance.-- ``(1) Period of availability of withheld funds.-- ``(A) Funds withheld on or before september 30, 2007.--Any funds withheld under subsection (a) from apportionment to any State on or before September 30, 2005, shall remain available until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated. ``(B) Funds withheld after september 30, 2007.--No funds withheld under this section from apportionment to any State after September 30, 2007, shall be available for apportionment to the State. ``(2) Apportionment of withheld funds after compliance.-- If, before the last day of the period for which funds withheld under subsection (a) from apportionment are to remain available for apportionment to a State under paragraph (1), the State has repealed a law described in subsection (a)(7), the Secretary shall, on the first day on which the State repeals such law, apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State. ``(3) Period of availability of subsequently apportioned funds.--Any funds apportioned pursuant to paragraph (2) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which the funds are so apportioned. Sums not obligated at the end of that period shall lapse. ``(4) Effect of noncompliance.--If, at the end of the period for which funds withheld under subsection (a) from apportionment are available for apportionment to a State under paragraph (1), the State does not repeal a law described subsection (a)(7), the funds shall lapse.''. (b) Conforming Amendment.--The analysis for such chapter is amended by inserting after the item relating to section 164 the following: ``165. Withholding of funds for enactment of a law allowing issuance of identification cards or drivers' licenses for certain individuals''.

State Accountability and Identity Fraud Elimination Act of 2004 - Directs the Secretary of Transportation to withhold specified Federal highway funds in increasing percentages starting in FY 2006 from any State that has enacted a law that allows the issuance of an identification card or a driver's license to an alien who is not legally authorized to be in the United States. Provides that funds withheld from apportionment to any State: (1) on or before September 30, 2005, shall remain available until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated; and (2) after September 30, 2007, shall not be available for apportionment to the State.

To amend title 23, United States Code, to discourage States from issuing an identification card or driver's license to an alien not legally authorized to be in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Liberian Relief, Rehabilitation, and Reconstruction Act of 1994''. SEC. 2. FINDINGS. The Congress finds that-- (1) due to the long historical ties between the United States and Liberia, and the support that the United States provided to the Doe regime during the 1980s, the United States has a unique responsibility to the people of Liberia; (2) the United States should continue to provide support to the United Nations peacekeeping forces in Liberia in order to end the civil war that began in December 1989, has claimed 150,000 lives, and has left 1,700,000 persons displaced; (3) supporting and facilitating the cease-fire in Liberia that became effective August 1, 1993, provides the United States with an opportunity to fulfill its responsibility to the people of Liberia by helping to restore political order in that country; and (4) the United States should continue to help the people of Liberia by providing a substantial commitment of assistance for the reconstruction of that country. SEC. 3. INTERNATIONAL DISASTER ASSISTANCE. Chapter 9 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2292-2292p) is amended by adding at the end thereof the following new section: ``SEC. 495L. LIBERIAN CIVIL STRIFE ASSISTANCE. ``(a) Authorization of Assistance.--The President is authorized to provide assistance for civil strife relief, rehabilitation, and general recovery in Liberia. Assistance under this section shall be for humanitarian purposes and shall be provided on a grant basis. ``(b) Use of Funds.--In providing the assistance authorized in subsection (a), priority shall be given to funding activities which-- ``(1) maximize the use of private voluntary agencies for relief, rehabilitation, and recovery projects; ``(2) emphasize emergency health projects, including efforts to rehabilitate the primary health care system of Liberia; ``(3) contribute to the restoration of schools and the general education system, including efforts to support the teaching of displaced children; and ``(4) contribute to efforts by the international community to respond to Liberian relief and development needs. ``(c) Authorization of Appropriations; Transfers.-- ``(1) Authorization of appropriations.--In addition to the amounts otherwise available for such purpose, there are authorized to be appropriated to the President $45,000,000 for fiscal year 1994 and $45,000,000 for fiscal year 1995 for use in providing assistance under this section. ``(2) Management support activities.--The President is authorized to transfer up to $750,000 of the amount appropriated pursuant to this section in each of fiscal years 1994 and 1995 to the `Operating Expenses of the Agency for International Development' account. These funds shall be used for management support activities associated with the planning, monitoring, and supervision of emergency humanitarian assistance for Liberia. ``(3) Development fund for africa.--The President is authorized to transfer to the Development Fund for Africa funds appropriated pursuant to this section for use in supporting longer-term rehabilitation activities in Liberia. ``(4) Policies and authorities to be applied.--Assistance under this section shall be furnished in accordance with the policies and general authorities contained in section 491.''. SEC. 4. MIGRATION AND REFUGEE ASSISTANCE. (a) Authorization of Appropriations.--In addition to amounts otherwise available for such purpose, there are authorized to be appropriated to the Department of State for ``Migration and Refugee Assistance'' $20,000,000 for fiscal year 1994 and $20,000,000 for fiscal year 1995 for emergency relief, repatriation, and rehabilitation efforts for Liberian refugees who have fled civil strife and, where appropriate, for support of relief programs assisting local populations in the bordering countries of Sierra Leone, Guinea, and Cote d'Ivoire, and other countries in the region, which have been affected by the influx of Liberian refugees. (b) Provision of Assistance.--To the extent feasible, assistance authorized under this section shall be provided through the United Nations High Commissioner for Refugees and other international relief organizations. SEC. 5. EMERGENCY FOOD ASSISTANCE FOR LIBERIA. (a) Authorization of Assistance.--In addition to the assistance provided under section 495L of the Foreign Assistance Act of 1961 (as added by section 3 of this Act) and section 4 of this Act, the President is authorized to provide supplemental emergency food assistance for civilian victims of civil strife in Liberia, including additional emergency food assistance (primarily rice, processed foods, and oils) for the needs of the affected and displaced civilian population of Liberia under title II of the Agricultural Trade Development and Assistance Act of 1954 and to provide ocean and inland transport of such food assistance. (b) Use of Grants.--In providing assistance authorized by this section, the President is authorized to make grants to United States, international, and indigenous private and voluntary organizations as may be necessary to carry out this section. (c) Transfers and General Authorities.-- (1) Authorization of appropriations.--In addition to the amounts otherwise available for such purpose, there are authorized to be appropriated to the President $27,000,000 for fiscal year 1994 and $27,000,000 for fiscal year 1995 for use in providing assistance under this section. (2) Management support activities.--The President is authorized to transfer up to $500,000 of the amount appropriated pursuant to this section in each of fiscal years 1994 and 1995 to the ``Operating Expenses of the Agency for International Development'' account. These funds shall be used for management support activities associated with the planning, monitoring, and supervision of emergency food assistance for Liberia that is provided under this section. (d) Additional Funds for Humanitarian Assistance for Liberia.-- (1) Use of local currencies.--In order to provide additional resources for relief, rehabilitation, and reconstruction programs for victims of civil strife in Liberia, the Administrator of the Agency for International Development shall ensure that not less than $12,000,000 of the local currencies generated under title II of the Agricultural Trade Development and Assistance Act of 1954 during fiscal year 1994, and not less than $12,000,000 of the local currencies generated under such title during fiscal year 1995, are used for disaster assistance purposes as are authorized by section 495L(b) of the Foreign Assistance Act of 1961, as added by this Act. (2) Assistance subject to availability of funds.--Paragraph (1) shall apply only to the extent that local currencies described in such paragraph are available. (3) Use of funds.--Funds made available pursuant to this subsection may be used for general relief, rehabilitation, and reconstruction purposes and may include the provision or transport of emergency food assistance. Such assistance shall be administered by the Agency for International Development. SEC. 6. GENERAL PROVISIONS. (a) Nonapplicability of Provision.--The assistance authorized for Liberia by this Act may be provided without regard to section 518 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Public Law 102-391), section 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(q)) (the so-called Brooke-Alexander amendment), or any similar provision of the law relating to foreign assistance repayments. (b) Regular Assistance Programs To Be Maintained.--Relief and rehabilitation assistance provided for Liberia under this Act, or any amendment made by this Act, is in addition to the regularly programmed assistance for that country for fiscal year 1994 or fiscal year 1995 under chapter 1 (relating to development assistance) or chapter 10 (relating to the Development Fund for Africa) of part I of the Foreign Assistance Act of 1961 and titles I, II, and III of the Agricultural Trade Development Assistance Act of 1954 (relating to food assistance). SEC. 7. REPORTS TO CONGRESS. (a) Reconstruction Assistance Assessment.-- (1) Assessment.--The Administrator of the Agency for International Development shall compile a comprehensive assessment of the long-term reconstruction, rehabilitation, and development needs of Liberia. Such assessment shall include an evaluation of the infrastructure of the country, particularly power generation, water and sewage systems, transportation, health facilities, and educational facilities. The assessment shall indicate projected resources required for development and the levels of United States foreign assistance required for reconstruction in Liberia. (2) Report to congress.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate committees of the Congress a detailed report of the assessment made under paragraph (1). (b) Foreign Assistance for Liberia.--Not later than January 31, 1995, and not later than January 31, 1996, the President shall submit to the Congress a report which analyzes the impact and effectiveness of United States assistance (including assistance provided under this Act) for Liberia during the two preceding fiscal years.

Liberian Relief, Rehabilitation, and Reconstruction Act of 1994 - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance for civil strife relief, rehabilitation, and general recovery in Liberia. Authorizes aprropriations. Authorizes appropriations to the Department of State for migration and refugee assistance for emergency relief, repatriation, and rehabilitation efforts for Liberian refugees who have fled civil strife and for support for relief programs assisting local populations in the bordering countries of Sierra Leone, Guinea, Cote d'Ivoire, and other countries in the region. Authorizes the President to provide supplemental emergency food assistance for civilian victims in Liberia. Authorizes appropriations. Requires a specified amount of local currencies available under title II of the Agricultural Trade Development and Assistance Act of 1954 to be made available for disaster assistance for Liberia. Permits assistance authorized for Liberia under this Act to be provided without regard to provisions of law concerning foreign assistance repayments. Directs the Administrator of the Agency for International Development to assess and report to the Congress on the long-term reconstruction, rehabilitation, and development needs of Liberia.

Liberian Relief, Rehabilitation, and Reconstruction Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Fuels Tax Incentives Act''. SEC. 2. FINDINGS. Congress finds the following: (1)(A) Since 1994, the United States has imported over half its oil. (B) Without efforts to mitigate this dependence on foreign oil, the percentage of oil imported is expected to grow to all- time highs. (C) This reliance on foreign oil presents a national security risk, which Congress should address through policy changes designed to increase the use of domestically-available alternative transportation fuels. (2)(A) The importing of a majority of the oil used in the United States contributes negatively to the balance of trade of the United States. (B) Assuring the Nation's economic security demands the development and promotion of domestically-available alternative transportation fuels. (3) More widespread use of alternative-fuels vehicles will help alleviate any adverse environmental consequences that may result from the Nation's dependence on oil as a transportation fuel. (4) In order to encourage the purchase of alternative fuel vehicles by individuals and businesses, the installation of alternative fueling infrastructure by fuel suppliers, and the use of alternative fuels in business and personal transportation, tax credits are temporarily needed to make buying and operating alternative fuels vehicles economically viable compared with conventional fuel vehicles. (5)(A) In the short-term, United States alternative fuel policy must be made fuel neutral. (B) Fuel neutrality will foster private innovation and commercialization using the most technologically feasible and economic fuels available. (C) This will allow market forces to decide the alternative fuel winners and losers. SEC. 3. CREDIT FOR ALTERNATIVE FUEL VEHICLES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by inserting after section 30A the following: ``SEC. 30B. CREDIT FOR ALTERNATIVE FUEL VEHICLES. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter an amount equal to the applicable percentage of the incremental cost of any qualified alternative fuel motor vehicle placed in service by the taxpayer during the taxable year. ``(b) Applicable Percentage.--For purposes of subsection (a), the applicable percentage with respect to any qualified alternative fuel motor vehicle is-- ``(1) 50 percent, plus ``(2) 35 percent, if such vehicle-- ``(A) has a gross weight vehicle rating of less than 14,000 pounds, and ``(i) has received a certificate of conformity under the Clean Air Act and meets or exceeds the most stringent standard available for certification under the Clean Air Act for that make and model year vehicle (other than a zero emission standard), or ``(ii) has received an order certifying the vehicle for sale in California and meets or exceeds the most stringent standard available for certification under the laws of the State of California for that make and model year vehicle (other than a zero emission standard), or ``(B) has a gross weight vehicle rating of 14,000 or more pounds, and ``(i) has received a certificate of conformity under the Clean Air Act at emissions levels that are not more than 50 percent of the standard applicable to a vehicle of that make and model year, or ``(ii) has received an order certifying the vehicle for sale in California at emissions levels that are not more than 50 percent of the standard applicable under the laws of the State of California to a vehicle of that make and model year. ``(c) Incremental Cost.--For purposes of this section, the incremental cost of any qualified alternative fuel motor vehicle is equal to the amount of the excess of the manufacturer's suggested retail price for such vehicle over such price for a gasoline or diesel fuel motor vehicle of the same model, to the extent such amount does not exceed-- ``(1) $5,000, if such vehicle has a gross vehicle weight rating of not more than 8,500 pounds, ``(2) $10,000, if such vehicle has a gross vehicle weight rating of more than 8,500 pounds but not more than 14,000 pounds, ``(3) $25,000, if such vehicle has a gross vehicle weight rating of more than 14,000 pounds but not more than 26,000 pounds, and ``(4) $50,000, if such vehicle has a gross vehicle weight rating of more than 26,000 pounds. ``(d) Qualified Alternative Fuel Motor Vehicle Defined.--For purposes of this section, the term `qualified alternative fuel motor vehicle' means any motor vehicle-- ``(1) which is only capable of operating on an alternative fuel, ``(2) the original use of which commences with the taxpayer, and ``(3) which is acquired by the taxpayer for use or to lease, but not for resale. ``(e) Application With Other Credits.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 29, and 30, over ``(2) the tentative minimum tax for the taxable year. ``(f) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Alternative fuel.--The term `alternative fuel' means compressed natural gas, liquefied natural gas, liquefied petroleum gas, hydrogen, and any liquid at least 85 percent of the volume of which consists of methanol. ``(2) Motor vehicle.--The term `motor vehicle' has the meaning given such term by section 30(c)(2). ``(3) Reduction in basis.--For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed (determined without regard to subsection (e). ``(4) No double benefit.--The amount of any deduction or credit allowable under this chapter for any incremental cost taken into account in computing the amount of the credit determined under subsection (a) shall be reduced by the amount of such credit attributable to such cost. ``(5) Leased vehicles.--No credit shall be allowed under subsection (a) with respect to a leased motor vehicle unless the lease documents clearly disclose to the lessee the specific amount of any credit otherwise allowable to the lessor under subsection (a). ``(6) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ``(7) Property used outside united states, etc., not qualified.--No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. ``(8) Election to not take credit.--No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects to not have this section apply to such vehicle. ``(g) Termination.--This section shall not apply to any property placed in service after December 31, 2007.''. (b) Conforming Amendments.-- (1) Section 1016(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``, and'', and by adding at the end the following: ``(28) to the extent provided in section 30B(f)(3).''. (2) Section 53(d)(1)(B)(iii) of such Code is amended by inserting ``, or not allowed under section 30B solely by reason of the application of section 30B(e)(2)'' before the period. (3) Section 55(c)(2) of such Code is amended by inserting ``30B(e),'' after ``30(b)(3)''. (4) Section 6501(m) is amended by inserting ``30B(f)(8),'' after ``30(d)(4),''. (5) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30A the following: ``Sec. 30B. Credit for alternative fuel vehicles.''. (e) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2000, in taxable years ending after such date. SEC. 4. MODIFICATION OF CREDIT FOR QUALIFIED ELECTRIC VEHICLES. (a) Amount of Credit.-- (1) In general.--Section 30(a) of the Internal Revenue Code of 1986 (relating to allowance of credit) is amended by striking ``10 percent of''. (2) Limitation of credit according to type of vehicle.-- Section 30(b) of such Code (relating to limitations) is amended-- (A) by striking paragraphs (1) and (2) and inserting the following new paragraph: ``(1) Limitation according to type of vehicle.--The amount of the credit allowed under subsection (a) for any vehicle shall not exceed the greatest of the following amounts applicable to such vehicle: ``(A) In the case of a vehicle with a rated top speed not exceeding 50 miles per hour, the lesser of-- ``(i) 10 percent of the cost of the vehicle, or ``(ii) $4,250. ``(B) In the case of a vehicle with a gross vehicle weight rating not exceeding 8,500 pounds and a rated top speed exceeding 50 miles per hour, $4,250. ``(C) In the case of a vehicle capable of a driving range of at least 100 miles on a single charge of the vehicle's rechargeable batteries and measured pursuant to the urban dynamometer schedules under appendix I to part 86 of title 40, Code of Federal Regulations, $6,375. ``(D) In the case of a vehicle capable of a payload capacity of at least 1000 pounds, $6,375. ``(E) In the case of a vehicle with a gross vehicle weight rating exceeding 8,500 but not exceeding 14,000 pounds, $8,500. ``(F) In the case of a vehicle with a gross vehicle weight rating exceeding 14,000 but not exceeding 26,000 pounds, $21,250. ``(G) In the case of a vehicle with a gross vehicle weight rating exceeding 26,000 pounds, $42,500.'', and (B) by redesignating paragraph (3) as paragraph (2). (3) Conforming amendments.-- (A) Section 53(d)(1)(B)(iii) of such Code is amended by striking ``section 30(b)(3)(B)'' and inserting ``section 30(b)(2)(B)''. (3) Section 55(c)(2) of such Code is amended by striking ``30(b)(3)'' and inserting ``30(b)(2)''. (b) Qualified Electric Vehicle.--Section 30(c)(1)(A) of the Internal Revenue Code of 1986 (defining qualified electric vehicle) is amended to read as follows: ``(A) which is powered primarily by an electric motor drawing current from rechargeable batteries, fuel cells which generate electrical current from an alternative fuel (as defined in section 30B(f)(1)), or other portable sources of electrical current generated on board the vehicle from an alternative fuel (as so defined),''. (c) Additional Special Rules.--Section 30(d) of the Internal Revenue Code of 1986 (relating to special rules) is amended by adding at the end the following new paragraphs: ``(5) No double benefit.--The amount of any deduction or credit allowable under this chapter for any cost taken into account in computing the amount of the credit determined under subsection (a) shall be reduced by the amount of such credit attributable to such cost. ``(6) Leased vehicles.--No credit shall be allowed under subsection (a) with respect to a leased motor vehicle unless the lease documents clearly disclose to the lessee the specific amount of any credit otherwise allowable to the lessor under subsection (a).''. (d) Extension.--Section 30(e) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``2004'' and inserting ``2007''. (e) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2000, in taxable years ending after such date. SEC. 5. CREDIT FOR RETAIL SALE OF ALTERNATIVE FUELS AS MOTOR VEHICLE FUEL. (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 inserting after section 40 the following: ``SEC. 40A. CREDIT FOR RETAIL SALE OF ALTERNATIVE FUELS AS MOTOR VEHICLE FUEL. ``(a) General Rule.--For purposes of section 38, the alternative fuel retail sales credit of any taxpayer for any taxable year is 25 cents for each gasoline gallon equivalent of alternative fuel sold at retail by the taxpayer during such year as a fuel to propel any qualified motor vehicle. ``(b) Definitions.--For purposes of this section-- ``(1) Alternative fuel.--The term `alternative fuel' means compressed natural gas, liquefied natural gas, liquefied petroleum gas, hydrogen, and any liquid at least 85 percent of the volume of which consists of methanol. ``(2) Gasoline gallon equivalent.--The term `gasoline gallon equivalent' means, with respect to any alternative fuel, the amount (determined by the Secretary) of such fuel having a Btu content of 114,000. ``(3) Qualified motor vehicle.--The term `qualified motor vehicle' means any motor vehicle (as defined in section 179A(e)(2)) which meets any applicable Federal or State emissions standards with respect to each fuel by which such vehicle is designed to be propelled. ``(4) Sold at retail.-- ``(A) In general.--The term `sold at retail' means the sale, for a purpose other than resale, after manufacture, production, or importation. ``(B) Use treated as sale.--If any person uses alternative fuel as a fuel to propel any qualified motor vehicle (including any use after importation) before such fuel is sold at retail, then such use shall be treated in the same manner as if such fuel were sold at retail as a fuel to propel such a vehicle by such person. ``(c) No Double Benefit.--The amount of any deduction or credit allowable under this chapter for any fuel taken into account in computing the amount of the credit determined under subsection (a) shall be reduced by the amount of such credit attributable to such fuel. ``(d) 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. ``(e) Termination.--This section shall not apply to any fuel sold at retail after December 31, 2007.''. (b) Credit Treated as Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following: ``(13) the alternative fuel retail sales credit determined under section 40A(a).''. (c) Transitional Rule.--Section 39(d) of the Internal Revenue Code of 1986 (relating to transitional rules) is amended by adding at the end the following: ``(9) No carryback of section 40a credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the alternative fuel retail sales credit determined under section 40A(a) may be carried back to a taxable year ending before January 1, 2001.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 40 the following: ``Sec. 40A. Credit for retail sale of alternative fuels as motor vehicle fuel.''. (e) Effective Date.--The amendments made by this section shall apply to fuel sold at retail after December 31, 2000, in taxable years ending after such date. SEC. 6. EXTENSION OF DEDUCTION FOR CERTAIN REFUELING PROPERTY. (a) In General.--Section 179A(f) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``2004'' and inserting ``2007''. (b) Conforming Amendment.--Section 179A(c) of the Internal Revenue Code of 1986 (relating to qualified clean-fuel vehicle property defined) is amended by striking paragraph (3). (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2000, in taxable years ending after such date.

Increases the credit for qualified electric vehicles. Provides that, for purposes of the general business credit, the alternative fuel retail sales credit of any taxpayer for any taxable year is 25 cents for each gasoline gallon equivalent of alternative fuel sold at retail by the taxpayer during such year as a fuel to propel any qualified motor vehicle. Extends, for three years, the deduction for clean-fuel vehicles and certain refueling property.

Alternative Fuels Tax Incentives Act

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Routine HIV/AIDS Screening Coverage Act of 2006''. (b) Findings.--Congress finds the following: (1) HIV/AIDS continues to infect and kill thousands of Americans, 25 years after the first cases were reported. (2) It has been estimated that at least 1.6 million Americans have been infected by HIV/AIDS since the beginning of the epidemic and over 500,000 of them have died. (3) The HIV/AIDS epidemic has disproportionately impacted African Americans and Hispanic Americans and its impact on women is growing. (4) It has been estimated that between 24 and 27 percent of those infected with HIV/AIDS in the United States do not know they are infected. (5) Not all individuals who have been infected with HIV/ AIDS demonstrate clinical indications or fall into high risk categories. (6) The Centers for Disease Control and Prevention has determined that increasing the proportion of people who know their HIV/AIDS status is an essential component of comprehensive HIV/AIDS treatment and prevention efforts and that early diagnosis is critical in order for people with HIV/ AIDS to receive life-extending therapy. (7) On September 21, 2006, the Centers for Disease Control and Prevention released new guidelines that recommend routine HIV/AIDS screening in health care settings for all patients aged 13-64, regardless of risk. (8) Standard health insurance plans generally cover HIV/ AIDS screening when there are clinical indications of infection or when there are known risk factors present. (9) Requiring health insurance plans to cover routine HIV/ AIDS screening could play a critical role in preventing the spread of HIV/AIDS and allowing infected individuals to receive effective treatment. SEC. 2. COVERAGE FOR ROUTINE HIV/AIDS SCREENING UNDER GROUP HEALTH PLANS, INDIVIDUAL HEALTH INSURANCE COVERAGE, AND FEHBP. (a) Group Health Plans.-- (1) Public health service act amendments.--Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. COVERAGE FOR ROUTINE HIV/AIDS SCREENING. ``(a) Coverage.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall provide coverage for routine HIV/AIDS screening under terms and conditions that are no less favorable than the terms and conditions applicable to other routine health screenings. ``(b) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall not-- ``(1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(2) deny coverage for routine HIV/AIDS screening on the basis that there are no known risk factors present, or the screening is not clinically indicated, medically necessary, or pursuant to a referral, consent, or recommendation by any health care provider; ``(3) provide monetary payments, rebates, or other benefits to individuals to encourage such individuals to accept less than the minimum protections available under this section; ``(4) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided care to an individual participant or beneficiary in accordance with this section; ``(5) provide incentives (monetary or otherwise) to a provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section; or ``(6) deny to an individual participant or beneficiary continued eligibility to enroll or to renew coverage under the terms of the plan, solely because of the results of an HIV/AIDS test or other HIV/AIDS screening procedure for the individual or any other individual. ``(c) Rules of Construction.--Nothing in this section shall be construed-- ``(1) to require an individual who is a participant or beneficiary to undergo HIV/AIDS screening; or ``(2) as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to HIV/AIDS screening, except that such deductibles, coinsurance or other cost-sharing may not be greater than the deductibles, coinsurance, or other cost-sharing imposed on other routine health screenings. ``(d) Notice.--A group health plan under this part shall comply with the notice requirement under section 714(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan. ``(e) Preemption.--Nothing in this section shall be construed to preempt any State law in effect on the date of enactment of this section with respect to health insurance coverage that requires coverage of at least the coverage of HIV/AIDS screening otherwise required under this section.''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. COVERAGE FOR ROUTINE HIV/AIDS SCREENING. ``(a) Coverage.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall provide coverage for routine HIV/AIDS screening under terms and conditions that are no less favorable than the terms and conditions applicable to other routine health screenings. ``(b) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall not-- ``(1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(2) deny coverage for routine HIV/AIDS screening on the basis that there are no known risk factors present, or the screening is not clinically indicated, medically necessary, or pursuant to a referral, consent, or recommendation by any health care provider; ``(3) provide monetary payments, rebates, or other benefits to individuals to encourage such individuals to accept less than the minimum protections available under this section; ``(4) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided care to an individual participant or beneficiary in accordance with this section; ``(5) provide incentives (monetary or otherwise) to a provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section; or ``(6) deny to an individual participant or beneficiary continued eligibility to enroll or to renew coverage under the terms of the plan, solely because of the results of an HIV/AIDS test or other HIV/AIDS screening procedure for the individual or any other individual. ``(c) Rules of Construction.--Nothing in this section shall be construed-- ``(1) to require an individual who is a participant or beneficiary to undergo HIV/AIDS screening; or ``(2) as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to HIV/AIDS screening, except that such deductibles, coinsurance or other cost-sharing may not be greater than the deductibles, coinsurance, or other cost-sharing imposed on other routine health screenings. ``(d) Notice Under Group Health Plan.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed by the plan or issuer and shall be transmitted-- ``(1) in the next mailing made by the plan or issuer to the participant or beneficiary; ``(2) as part of any yearly informational packet sent to the participant or beneficiary; or ``(3) not later than January 1, 2007; whichever is earliest. ``(e) Preemption, Relation to State Laws.-- ``(1) In general.--Nothing in this section shall be construed to preempt any State law in effect on the date of enactment of this section with respect to health insurance coverage that requires coverage of at least the coverage of HIV/AIDS screening otherwise required under this section. ``(2) ERISA.--Nothing in this section shall be construed to affect or modify the provisions of section 514 with respect to group health plans.''. (B) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Coverage for routine HIV/AIDS screening.''. (3) Internal revenue code amendments.--(A) Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by inserting after section 9812 the following: ``SEC. 9813. COVERAGE FOR ROUTINE HIV/AIDS SCREENING. ``(a) Coverage.--A group health plan shall provide coverage for routine HIV/AIDS screening under terms and conditions that are no less favorable than the terms and conditions applicable to other routine health screenings. ``(b) Prohibitions.--A group health plan shall not-- ``(1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(2) deny coverage for routine HIV/AIDS screening on the basis that there are no known risk factors present, or the screening is not clinically indicated, medically necessary, or pursuant to a referral, consent, or recommendation by any health care provider; ``(3) provide monetary payments, rebates, or other benefits to individuals to encourage such individuals to accept less than the minimum protections available under this section; ``(4) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided care to an individual participant or beneficiary in accordance with this section; ``(5) provide incentives (monetary or otherwise) to a provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section; or ``(6) deny to an individual participant or beneficiary continued eligibility to enroll or to renew coverage under the terms of the plan, solely because of the results of an HIV/AIDS test or other HIV/AIDS screening procedure for the individual or any other individual. ``(c) Rules of Construction.--Nothing in this section shall be construed-- ``(1) to require an individual who is a participant or beneficiary to undergo HIV/AIDS screening; or ``(2) as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to HIV/AIDS screening, except that such deductibles, coinsurance or other cost-sharing may not be greater than the deductibles, coinsurance, or other cost-sharing imposed on other routine health screenings.''. (B) The table of sections of such subchapter is amended by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Coverage for routine HIV/AIDS screening.''. (C) Section 4980D(d)(1) of such Code is amended by striking ``section 9811'' and inserting ``sections 9811 and 9813''. (b) Application to Individual Health Insurance Coverage.--(1) Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. COVERAGE FOR ROUTINE HIV/AIDS SCREENING. ``(a) In General.--The provisions of section 2707 (other than subsection (d)) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2753''. (c) Application Under Federal Employees Health Benefits Program (FEHBP).--Section 8902 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(p) A contract may not be made or a plan approved which does not comply with the requirements of section 2707 of the Public Health Service Act.''. (d) Effective Dates.--(1) The amendments made by subsections (a) and (c) apply with respect to group health plans and health benefit plans for plan years beginning on or after January 1, 2007. (2) The amendments made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 2007. (e) Coordination of Administration.--The Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Treasury shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under the provisions of this section (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement.

Routine HIV/AIDS Screening Coverage Act of 2006 - Amends the Public Health Service Act, the Employee Retirement Income Security Act (ERISA), and the Internal Revenue Code to require a group health plan or a health insurance issuer offering group health insurance coverage to provide coverage for routine HIV/AIDS screening under terms and conditions no less favorable than for other routine screenings. Prohibits such a plan or issuer from: (1) denying eligibility or continued eligibility to enroll or renew solely to avoid these requirements; (2) denying coverage for such screening because there are no known risk factors present or because the screening is not clinically indicated, medically necessary, or pursuant to a referral, consent, or recommendation by any health care provider; (3) providing monetary payments, rebates, or other benefits to encourage individuals to accept less than the minimum protections available under this Act; (4) penalizing or otherwise reducing or limiting the reimbursement of a provider because such provider provided care to a participant or beneficiary in accordance with this Act; (5) providing incentives to induce the provision of care in a manner inconsistent with this Act; or (6) denying a participant or beneficiary continued eligibility to enroll or renew solely because of the results of an HIV/AIDS test or screening procedure. Applies such requirements to health insurance coverage offered in the individual market and coverage offered under the Federal Employees Health Benefits (FEHB) Program.

To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, the Internal Revenue Code of 1986, and title 5, United States Code, to require individual and group health insurance coverage and group health plans and Federal employees health benefit plans to provide coverage for routine HIV/AIDS screening.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Guard Technician Equity Act''. SEC. 2. TITLES 10 AND 32, UNITED STATES CODE, AMENDMENTS REGARDING NATIONAL GUARD TECHNICIANS AND RELATED PROVISIONS. (a) Authority To Employ Technician as Non-Dual Status Technician After 20 Years of Creditable Service.--Subsection (c) of section 709 of title 32, United States Code, is amended to read as follows: ``(c) A person shall have the right to be employed under subsection (a) as a non-dual status technician (as defined by section 10217 of title 10) if-- ``(1) the technician position occupied by the person has been designated by the Secretary concerned to be filled only by a non-dual status technician; or ``(2) the person occupying the technician position has at least 20 years of creditable service as a military technician (dual status).''. (b) Exception to Dual-Status Employment Condition of Membership in Selected Reserve.--Section 10216 of title 10, United States Code, is amended-- (1) in subsection (a)(1)(B), by inserting ``subject to subsection (d),'' before ``is required''; and (2) in subsection (d)(1), by striking ``Unless specifically exempted by law'' and inserting ``Except as provided in section 709(c)(2) of title 32 or as otherwise specifically exempted by law''. (c) Continued Compensation After Loss of Membership in Selected Reserve.--Subsection (e) of section 10216 of title 10, United States Code, is amended to read as follows: ``(e) Continued Compensation After Loss of Membership in Selected Reserve.--Funds appropriated for the Department of Defense may continue to be used to provide compensation to a military technician who was hired as a military technician (dual status), but who is no longer a member of the Selected Reserve.''. (d) Exemption of Military Technicians From Review by Army Qualitative Retention Program or Air Force Selective Retention Program.--Subsection (f) of such section is amended to read as follows: ``(f) Exemption From Consideration by Armed Forces Retention Boards.--A military technician (dual status) who is fully qualified in the technician's military technician (dual status) position and is properly performing the technician's military technician duties in such position-- ``(1) shall be retained in the armed forces; ``(2) may not be considered for involuntary separation by a retention board of the armed force concerned; and ``(3) shall be entitled to re-enlist as an enlisted member so as to maintain eligibility for continued employment as a military technician (dual status).''. (e) Repeal of Permanent Limitations on Number of Non-Dual Status Technicians.--Section 10217 of title 10, United States Code, is amended by striking subsection (c). (f) Technician Restricted Right of Appeal and Adverse Actions Covered.-- (1) Rights of grievance, arbitration, appeal, and review beyond ag.--Section 709 of title 32, United States Code, is amended-- (A) in subsection (f)-- (i) in the matter preceding paragraph (1), by striking ``Notwithstanding any other provision of law and under'' and inserting ``Under''; and (ii) in paragraph (4), by striking ``a right of appeal'' and inserting ``subject to subsection (j), a right of appeal''; and (B) by adding at the end the following new subsection: ``(j)(1) Notwithstanding subsection (f)(4) or any other provision of law, a technician and a labor organization that is the exclusive representative of a bargaining unit including the technician shall have the rights of grievance, arbitration, appeal, and review extending beyond the adjutant general of the jurisdiction concerned and to the Merit Systems Protection Board and thereafter to the United States Court of Appeals for the Federal Circuit, in the same manner as provided in sections 4303, 7121, and 7701-7703 of title 5, with respect to a performance-based or adverse action imposing removal, suspension for more than 14 days, furlough for 30 days or less, or reduction in pay or pay band (or comparable reduction). ``(2) This subsection does not apply to a technician who is serving under a temporary appointment or in a trial or probationary period.''. (2) Adverse actions covered.--Section 709(g) of title 32, United States Code, is amended by striking ``7511, and 7512''. (3) Conforming amendment.--Section 7511(b) of title 5, United States Code, is amended-- (A) by striking paragraph (5); and (B) by redesignating paragraphs (6) through (10) as paragraphs (5) through (9), respectively. (g) Repeal of Prohibition Against Overtime Pay for National Guard Technicians.--Section 709(h) of title 32, United States Code, is amended by striking the second sentence and inserting the following new sentence: ``Notwithstanding section 5542 or 5543 of title 5 or any other provision of law, the Secretary concerned shall pay a technician for irregular or overtime work at a rate equal to the rate of basic pay applicable to the technician, except that, at the request of the technician, the Secretary may grant the technician, instead of such pay, an amount of compensatory time off from the technician's scheduled tour of duty equal to the amount of time spent in such irregular or overtime work.''. SEC. 3. TITLE 5, UNITED STATES CODE, AMENDMENT REGARDING NATIONAL GUARD TECHNICIANS AND RELATED MATTERS. (a) Leave.-- (1) In general.--Section 6323(a) of title 5, United States Code, is amended-- (A) in paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following new paragraph (3): ``(3) An employee described in paragraph (1) who volunteers for active Guard and Reserve duty (as described in section 101(d)(6) of title 10) or training or duty under section 502(f) of title 32 shall not accrue leave under this subsection.''. (2) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth the following: (A) A description of the average number of hours per fiscal year that a Federal employee who is also a member of the National Guard spends in any type of leave status (including leave without pay) in order to cover periods of active duty for training or inactive- duty training (as defined in section 101 of title 37, United States Code), or to engage in other training under sections 502-505 of title 32, United States Code. (B) An assessment whether leave provided under section 6323(a) of title 5, United States Code (as amended by paragraph (1)), is adequate to cover the operational tempo of the National Guard. (b) Comptroller General of the United States Report on Health Care Benefits.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report setting forth the following: (A) An evaluation of the feasibility of converting military technicians from FEHBP coverage to coverage provided under the TRICARE Reserve Select option of the TRICARE program. (B) A description of any problems associated with the conversion of military technicians from FEHBP coverage to coverage provided under chapter 55 of title 10, United States Code, during contingency operations. (2) Definitions.--In this subsection: (A) The term ``contingency operation'' has the meaning given that term in section 101(a)(13) of title 10, United States Code. (B) The term ``FEHBP coverage'' means coverage provided under chapter 89 of title 5, United States Code.

National Guard Technician Equity Act - Provides a person the right to be employed as a non-dual status technician if: (1) the technician position has been designated to be filled only by a non-dual status technician, or (2) the person occupying the technician position has at least 20 years of service as a dual status military technician. Repeals: (1) the permanent limitation on the number of non-dual status technicians, and (2) the prohibition against overtime pay for National Guard technicians. Allows military technicians who were hired as dual status technicians but are no longer members of the Selected Reserve to continue to receive compensation. Requires dual status military technicians who are fully qualified for, and properly performing, the duties of such position to be: (1) retained in the Armed Forces, (2) exempt from consideration for involuntary separation by a military retention board, and (3) entitled to re-enlist as enlisted members so as to maintain their eligibility for continued employment as dual status military technicians. Provides for a technician's rights of grievance, arbitration, appeal, and review beyond the current stage of the adjutant general of the jurisdiction concerned. Prohibits federal employees who volunteer for active National Guard and Reserve duty from accruing military leave at the rate of 15 days each fiscal year for active duty, inactive duty training, or funeral honors duty in the National Guard or Reserves. Directs the Comptroller General to evaluate the feasibility of converting military technicians from coverage under the Federal Employees Health Benefits Program (FEHBP) to coverage under the TRICARE Reserve Select option of the TRICARE program.

National Guard Technician Equity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Advisory Committee Reform Act'' or the ``TAC Act''. SEC. 2. CONGRESSIONAL ADVISERS FOR TRADE POLICY AND NEGOTIATIONS. (a) Selection.--Section 161 of the Trade Act of 1974 (19 U.S.C. 2211) is amended in subsection (a)-- (1) in paragraph (1) by striking the first sentence and inserting the following: ``The following members of Congress shall be selected and designated as congressional advisers on trade policy and negotiations: From the Committee on Ways and Means of the House of Representatives, the chairman and ranking minority member of the full committee, and the chairman and ranking minority member of the Subcommittee on Trade; from the Committee on Finance of the Senate, the chairman and ranking minority member of the full committee, and the chairman and ranking minority member of the Subcommittee on Trade.''; and (2) in paragraph (2) by adding at the end the following: ``(D) Of the total number of members from a House of Congress selected as congressional advisers under this paragraph, not more than half may be of the same political party.''. (b) Expansion of Role.--Such section is further amended by adding at the end the following: ``(d) Recommendations by Congressional Advisers on Trade Agreement Effects.--Each congressional adviser under subsection (a) shall, on an annual basis and at any other time the congressional adviser considers appropriate, transmit written recommendations to the covered executive branch officials on trade agreement effects. Each official to which recommendations are transmitted shall give due regard to the recommendations. ``(e) Appointments to Trade Advisory Committees.-- ``(1) Number.--Every trade advisory committee, whether established before, on, or after the date of the enactment of this subsection, shall have a number of members the total of which is evenly divisible by three. ``(2) Appointment.--For purposes of appointing the members of a trade advisory committee, the congressional advisers under subsection (a) shall be grouped by party affiliation. The group with the greatest number of advisers shall appoint one-third of the members; the group with the next-greatest number of advisers shall appoint one-third of the members; and the President (or the President's designee) shall appoint the remaining members. ``(3) Consultation.--The congressional advisers are encouraged to consult with other committees of Congress, including but not limited to committees with jurisdiction over health, environmental, labor, and consumer issues, in making such appointments. ``(4) Interests represented.--The officials responsible for appointing the members of a trade advisory committee shall ensure that each trade advisory committee includes-- ``(A) at least 1 member from labor organizations; ``(B) at least 1 member from consumer interest organizations; and ``(C) at least 1 member from public health organizations. ``(5) Terms.--Each member of a trade advisory committee shall serve a term of 2 years. ``(6) Other provisions superseded.--This subsection supersedes any other provision of law to the extent that provision is inconsistent with this subsection, whether enacted before, on, or after the date of the enactment of this subsection. ``(f) Reports to Congress by Trade Advisory Committees.--Before the President submits trade agreement legislation to Congress, each trade advisory committee that has advised with respect to that legislation shall submit to the congressional advisers under subsection (a) a report on the legislation. The report shall include an examination of the trade agreement effects of the legislation. ``(g) Reports to Congress by Executive Branch Officials.--Each covered executive branch official shall, on an annual basis, submit to Congress a report on the trade advisory process. The report shall identify the concerns raised by members of trade advisory committees on the effectiveness of the process and explain the steps taken by that official to address those concerns. ``(h) Definitions.--In this section: ``(1) Covered executive branch official.--The term `covered executive branch official' applies to the following: ``(A) The United States Trade Representative. ``(B) The Secretary of Labor. ``(C) The Secretary of Agriculture. ``(D) The Secretary of Commerce. ``(E) The Administrator of the Environmental Protection Agency. ``(2) Trade advisory committee.--The term `trade advisory committee' includes any advisory committee with respect to United States trade policy, and specifically includes any committee established under section 135. ``(3) Trade agreement effects.--The term `trade agreement effects'-- ``(A) means the effects on the United States and its trading partners of international trade agreements; and ``(B) includes effects in areas including but not limited to public health, the environment, worker rights, and consumer rights.''. SEC. 3. PUBLIC HEALTH ADVISORY COMMITTEE ON TRADE. Section 135(c)(1) of the Trade Act of 1974 (19 U.S.C. 2155(c)(1)) is amended by adding at the end the following: ``The President shall establish, among the committees established under this paragraph, a Public Health Advisory Committee on Trade.''.

Trade Advisory Committee Reform Act or the TAC Act - Amends the Trade Act of 1974 to: (1) revise the selection process for congressional advisers for trade policy and negotiations; and (2) expand the duties of such congressional advisers, including to provide recommendations to executive officials on trade agreement effects and to provide for the appointment of members to a trade advisory committee. Establishes a Public Health Advisory Committee on Trade.

To reform the Trade Advisory Committee system to ensure that a broad range of views are represented and accommodated in developing United States trade policy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Language Economic Enhancement Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Foreign language proficiency will help Americans to understand other customs and cultures, conduct effective foreign policy, expand international trade, ensure the integrity of national defense and security, and develop a truly broad-based education for all citizens. (2) The business community suffers from United States educational deficiencies, including inadequate foreign language instruction. To compete, Americans must know more about their economic partners and competitors. To do business overseas, Americans must understand the customer's language and customs. (3) Of the world's 10 most populous languages, representing potential markets, 6 of them, Malay-Indonesian, Bengali, Hindi, Portuguese, and some dialects of Arabic and Chinese, are not widely taught in the United States. (4) In Europe, there are dozens of universities with schools of practical interpretation and translation. In the United States, very few institutions of higher education offer training in translation and interpretation, and only one offers an undergraduate degree program. (5) Most professional interpreters and translators working in the United States are foreign-born or received their professional training in other countries. (6) Only 8 percent of our universities require foreign languages for admission, and only 5 percent of our college graduates are fluent in any language other than English. American colleges and universities must place a new emphasis on improving the teaching of foreign languages, regional studies, and international studies to help meet such challenges. (7) Many teachers lack adequate international preparation. Only 5 percent of current elementary and secondary teachers ever took international relations, or geography courses while in school. (8) Fewer than 5 percent of the elementary school students in this country receive foreign language instruction, and only 17 percent of United States public elementary schools offer any form of language instruction. (9) As new and increased language instruction becomes necessary, educators to teach these languages are becoming increasingly difficult to find. 35 States are currently reporting a shortage in foreign language teachers. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``institution of higher education'' has meaning provided by section 1201 of the Higher Education Act of 1965; (2) the term ``Secretary'' means the Secretary of Education; (3) the term ``State education agency'' has the meaning provided by section 1201 of the Higher Education Act of 1965; and (4) the term ``local educational agency'' has the meaning provided by section 1201 of such Act. TITLE I--FOREIGN LANGUAGE TEACHER RECRUITMENT SEC. 101. PURPOSE. It is the purpose of this title to establish a grant program that will assist States in recruiting individuals with a demonstrated competence in a foreign language and providing those individuals with the training required to qualify those individuals to teach. SEC. 102. PROGRAM AUTHORITY. (a) General Authority.--The Secretary shall, in accordance with the requirements of this title, establish a program to provide grants to State educational agencies to recruit and train qualified individuals as elementary and secondary school teachers. (b) Allotment of Funds.--The Secretary shall periodically assess the needs for foreign language teachers in each State. The Secretary shall establish by regulation, procedures based on the results of such assessment, for the allotment of funds provided under this title among those States that have submitted applications that meet the requirements of section 203. Such procedures shall provide that no State shall receive a grant of less than $500,000 or more than $2,000,000. SEC. 103. GRANT APPLICATIONS. Any State desiring to receive a grant under this title shall submit to the Secretary an application at such time, in such form, and containing or accompanied by such information and assurances as the Secretary may require by regulation. Such application shall-- (1) contain assurances that 50 percent of the funds made available under the grant for each fiscal year will be used to provide grants of not more than $5,000 per year to qualified individuals to cover the costs of instruction required to obtain certification to teach; (2) provide that the State educational agency will allocate funds provided under the grant on the basis of the following factors; (A) the local educational agencies need for qualified teachers of foreign languages; (B) the extent to which the local educational agency has established model programs to address foreign language instruction in effective ways; (C) the need for development of new programs to recruit and train qualified foreign language teachers; and (D) such additional factors as the State educational agency considers appropriate; (3) contain assurances that the State educational agency will not provide funds under the grant to any institution of higher education unless the institution of higher education requires 2 years of foreign language instruction as a condition of admission or graduation; and (4) specify the procedures by which the State educational agency will select the institutions or organizations to provide the training required for teacher certification, which may include an institution of higher education, local educational agency, or consortia of institutions of higher education and local educational agencies. SEC. 104. QUALIFIED INDIVIDUALS. (a) Definition.--For purposes of this title, an individual is qualified if such individual has competence in a foreign language at a level consistent with the standards established by the Secretary under subsection (b). (b) Selection.--In selecting individuals for receipt for assistance under this title, a State educational agency shall include qualified individuals who are-- (1) retired or returning Government employees who served abroad; (2) retired or returning business persons or professionals who served abroad; (3) foreign-born nationals with a degree from a domestic or overseas institution of higher education; and (4) individuals with a baccalaureate degree whose major or minor was in a foreign language or international studies. SEC. 105. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $50,000,000 for fiscal year 1994 and each of the 3 succeeding fiscal years. TITLE II--GRANTS TO INSTITUTIONS OF HIGHER EDUCATION FOR TRANSLATORS AND INTERPRETERS SEC. 201. NEEDS ASSESSMENT COUNCIL. (a) Program Authority.--The Department of State shall establish a Translation and Interpretation Needs Assessment Council. (b) Composition.-- (1) In general.--The Council shall be composed of the following individuals or the designated representatives of such individuals: (A) The Secretary of State, or a designee, who shall serve as the chairperson of the Board. (B) The Secretary of Education. (C) The Secretary of Defense. (D) The Secretary of Commerce. (E) The Director of the Central Intelligence Agency. (F) The Director of the United States Information Agency. (G) The Director of the National Security Council. (H) 6 individuals appointed by the President, who have the expertise in the fields of translation and interpretation, language and linguistics, international studies, business, and area studies education. (2) Special rule.--Individuals appointed to the Board pursuant to paragraph (1)(H) shall be appointed for a period not to exceed 4 years. Such individuals shall receive no compensation for service on the Council, but may receive reimbursement for travel and other necessary expenses. (c) Functions.--The Council shall-- (1) establish qualifications for students and institutions of higher education desiring fellowships and grants for institutional support under this title; (2) coordinate and determine the translation and interpretation needs of the Government for the purposes of economic competitiveness and cooperation, diplomacy, and national security; and (3) after determining these needs, make grants to institutions of higher education for training translation and interpretation specialists and personnel. SEC. 202. PROCEDURES FOR THE SELECTION OF GRANT AND FELLOWSHIP PROGRAM. (a) Grants.--The Council shall award grants under this title to institutions of higher education or consortia of institutions of higher education (in conjunction with nonprofit or Federal agencies, or both) that provide evidence that they are developing a degree or certificate program in translation and interpretation. (b) Fellowships.--The Council shall award fellowships under this title to individuals who are enrolled in a degree or certificate program and agree to enter government or public service for 2 years for each year of study for which a fellowship under this title is received. SEC. 203. ESTABLISHMENT OF GRANT AND FELLOWSHIP PROGRAM. (a) Institutional Support.--Funds provided by a grant under this title may be used for the purposes of-- (1) developing physical plant and interpretation facilities, (2) instructor training, (3) materials, (4) curriculum development, (5) internships, (6) faculty development and support in translation and interpretation, (7) certificate and degree programs, and (8) the development and enhancement of graduate programs. (b) Fellowships.--Fellowships under this title shall be awarded to individuals who are United States citizens or resident aliens to enable such students to pursue education in the United States in the areas of practical interpretation and translation. SEC. 204. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $15,000,000 for fiscal year 1994, of which no less than $10,000,000 shall be available for section 202(a), and such sums as may be necessary for each of the fiscal years 1995, 1996, and 1997 to carry out the provisions of this title. TITLE III--LESSER KNOWN AND STUDIED LANGUAGES SEC. 301. LESSER KNOWN AND STUDIED LANGUAGES GRANTS AND FELLOWSHIPS. Effective October 1, 1993, the Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C. 4501) is amended by adding after section 809 the following new section: ``SEC. 810. LESSER KNOWN AND STUDIED LANGUAGES GRANTS AND FELLOWSHIPS. ``(a) Purpose.--It is the purpose of this section to promote the teaching and study of lesser known and studied languages. ``(b) Definition.--For the purposes of this section, the term `lesser known and studied languages' means languages considered important to the national interest, national security, and economic competitiveness which have less than 1,000 students engaged in study at institutions of higher education in the United States. ``(c) Program Authority.-- ``(1) List of lesser known and studied languages.--The Secretary of State, in consultation with other appropriate agencies, shall develop a list of the lesser known and studied languages. ``(2) Grants.--The Secretary of State shall award grants under this section to institutions of higher education or consortia of institutions of higher education (in conjunction with nonprofit or Federal agencies, or both) that provide evidence that they are developing programs, classes, curriculum material, and faculty for study in the lesser known and studied languages. No such grant may exceed $1,000,000. ``(3) Fellowships.--The Secretary of State shall award fellowships under this section to individuals who are enrolled at an accredited institution of higher education in a degree or certificate program in a lesser known and studied language leading to proficiency in such language. Fellowships under this section shall be $5,000 for each semester of study. ``(d) Authorization of Appropriations.-- ``(1) Grants.--There are authorized to be appropriated $10,000,000 for fiscal year 1994 to carry out subsection (c)(2). ``(2) Fellowships.--There are authorized to be appropriated $5,000,000 for fiscal year 1994 to carry out subsection (c)(3).''. TITLE IV--EXPORT EDUCATION SEC. 401. PURPOSE. It is the purpose of this title to assist American companies to develop and expand into export markets by providing education and support services necessary for domestic businesses to succeed in international markets by increasing their basic knowledge of world markets, foreign cultures and languages. SEC. 402. GRANTS AUTHORIZED. (a) Grants by Secretary.--The Secretary of Commerce shall, in accordance with this title, make grants to States to carry out the purpose described in section 401. (b) Selection of Grants.--The State shall submit to the Secretary a proposal indicating the qualifications of the eligible entity for carrying out the provisions of section 403. (c) Distribution of Funds by States.--Each State that receives a grant under this title shall determine the eligibility of an appropriate State-based entity according to the needs of the State's primary trade and economic development agency and model programs serving such needs or for the development of such programs. SEC. 403. AUTHORIZED ACTIVITIES. Funds provided under this title may be used for the purpose of, but are not limited to-- (1) education, support and referral services in developing marketing materials in foreign languages and appropriate to other cultures, (2) assisting companies in trade missions, (3) holding seminars and classes for companies on topics such as export regulations, trading techniques, working in foreign cultures and foreign languages, (4) providing consulting services with experts to assist companies in export and marketing planning, and (5) acting as a clearinghouse in supplying companies with information and updates to assist them in identifying international and trade opportunities. SEC. 404. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $12,500,000 in fiscal years 1994, 1995, 1996, and 1997 to carry out the provisions of this title.

Foreign Language Economic Enhancement Act - Title I: Foreign Language Teacher Recruitment - Directs the Secretary of Education to establish a grant program to assist States to recruit and train qualified individuals as foreign language teachers for elementary and secondary schools. Authorizes appropriations. Title II: Grants to Institutions of Higher Education for Translators and Interpreters - Directs the Department of State to establish a Translation and Interpretation Needs Assessment Council. Directs the Council to award grants to institutions of higher education or consortia of such institutions (in conjunction with nonprofit and/or Federal agencies) that provide evidence that they are developing a degree or certificate program in translation and interpretation. Directs the Council to award fellowships to individuals who are enrolled in a degree or certificate program and agree to enter government or public service for two years for each year of study for which such a fellowship is received. Authorizes appropriations. Title III: Lesser Known and Studied Languages - Amends the Soviet-Eastern European Research and Training Act of 1983 to establish a grants and fellowships program for lesser known and studied languages. Directs the Secretary of State to: (1) develop a list of those languages; (2) award grants to institutions of higher education or consortia (in conjunction with nonprofit and/or Federal agencies) developing programs, classes, curriculum material, and faculty for study in those languages; and (3) award fellowships to individuals at accredited institutions in a degree or certificate program in such a language. Authorizes appropriations. Title IV: Export Education - Directs the Secretary of Commerce to make grants to States to assist U.S. companies to develop and expand into export markets by providing education and support services to increase their basic knowledge of world markets, foreign cultures, and languages. Authorizes appropriations.

Foreign Language Economic Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevent Impaired Driving Child Endangerment Act''. SEC. 2. SANCTIONS FOR INDIVIDUALS DRIVING WITH CHILD PASSENGERS WHILE INTOXICATED OR IMPAIRED. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 171. Sanctions for individuals driving with child passengers while intoxicated or impaired ``(a) Withholding of Funds for Noncompliance.-- ``(1) Fiscal year 2020.--On October 1, 2019, the Secretary shall withhold 1 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b) on that date. ``(2) Fiscal year 2021.--On October 1, 2020, the Secretary shall withhold 3 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b) on that date. ``(3) Fiscal year 2022 and thereafter.--On October 1, 2021, and on October 1 of each fiscal year thereafter, the Secretary shall withhold 5 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b) on that date. ``(b) Sanctions.-- ``(1) In general.--A State meets the requirements of this subsection if the State has enacted and is enforcing the following laws with respect to an individual who is charged with an offense of driving a motor vehicle, with a child passenger in the vehicle, while intoxicated or while impaired by alcohol, drugs, or a combination of substances: ``(A) A law that provides that the individual may be charged with a felony subject to imprisonment for up to 4 years in connection with the offense. ``(B) A law that requires the individual, if convicted of the offense, to install and maintain for at least 6 months an ignition interlock system on any motor vehicle owned or operated by the individual. ``(C) A law that suspends the State driver's license of the individual during the period of prosecution of the offense, except that the law may allow the individual-- ``(i) to operate a motor vehicle during that period, if the individual, prior to operating the vehicle, installs and maintains an ignition interlock system on the vehicle; and ``(ii) to credit toward the 6-month period referred to in subparagraph (B) any days during which the individual installs and maintains an ignition interlock system on a motor vehicle pursuant to clause (i). ``(D) A law that-- ``(i) requires the individual, if convicted of the offense, to undergo an alcohol abuse, substance abuse, or mental health assessment; and ``(ii) if the assessment indicates a need for treatment, authorizes the appropriate court (or monitoring agency) to require the individual to undergo treatment as part of the individual's sentence in connection with the conviction or as a condition for reissuance of a State driver's license to the individual. ``(E) A law that requires, if the individual is convicted of the offense and is the parent, guardian, or custodian of the child passenger or is otherwise legally responsible for the child passenger, the law enforcement agency that charges the individual with the offense or the appropriate court to file with the appropriate State register of child abuse a report on the individual concerning the offense. ``(2) Exceptions.--The Secretary may treat a State that has enacted and is enforcing the laws described in paragraph (1) as meeting the requirements of this subsection without regard to whether any of those laws waives the application of a sanction with respect to an individual who-- ``(A) is a sibling of the child passenger; or ``(B) is under 21 years of age and is not a guardian of the child passenger. ``(c) Period of Availability of Withheld Funds; Effect of Compliance and Noncompliance.-- ``(1) Period of availability of withheld funds.--Any funds withheld under subsection (a) from apportionment to a State shall remain available for apportionment to the State until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated. ``(2) Apportionment of withheld funds after compliance.-- If, before the last day of the period for which funds withheld under subsection (a) from apportionment are to remain available for apportionment to a State under paragraph (1), the State meets the requirements of subsection (b), the Secretary shall, on the first day on which the State meets the requirements of subsection (b), apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State. ``(3) Period of availability of subsequently apportioned funds.--Any funds apportioned pursuant to paragraph (2)-- ``(A) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which the funds are so apportioned; and ``(B) if not apportioned at the end of that period, shall lapse. ``(4) Effect of noncompliance.--If, at the end of the period for which funds withheld under subsection (a) from apportionment are available for apportionment to a State under paragraph (1), the State does not meet the requirements of subsection (b), the funds shall lapse. ``(d) Definitions.--In this section, the following definitions apply: ``(1) Alcohol concentration.--The term `alcohol concentration' means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. ``(2) Child.--The term `child' means an individual younger than 16 years of age. ``(3) Driving while intoxicated.--The term `driving while intoxicated' means driving or being in actual physical control of a motor vehicle in a State while having a blood alcohol concentration or breath alcohol concentration of .08 or greater. ``(4) Ignition interlock system.--The term `ignition interlock system' means a system that-- ``(A) is designed to prevent an individual from starting a motor vehicle when the individual's breath alcohol concentration is at or above a preset level; ``(B) has a camera technology to verify the user of the system; and ``(C) is certified by the State concerned. ``(5) Motor vehicle.--The term `motor vehicle' means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, except that the term does not include a vehicle operated solely on a rail line or a commercial vehicle. ``(6) State driver's license.--The term `State driver's license' means a license issued by a State authorizing an individual to operate a motor vehicle on public highways. ``(e) Education.--The Administrator of the National Highway Traffic Safety Administration, using existing funds, shall carry out programs and activities to educate States on the impact of child endangerment penalties for individuals who drive a motor vehicle, with a child passenger in the vehicle, while intoxicated or while impaired by alcohol, drugs, or a combination of substances.''. (b) Clerical Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``171. Sanctions for individuals driving with child passengers while intoxicated or impaired.''.

Prevent Impaired Driving Child Endangerment Act This bill directs the Department of Transportation to withhold from states allocations of transportation funding unless such states enact and enforce certain laws with respect to an individual who is charged with driving a motor vehicle, with a child passenger, while intoxicated or impaired by alcohol, drugs, or a combination of substances.

Prevent Impaired Driving Child Endangerment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Credit Improvement Act of 1998''. SEC. 2. PROHIBITION OF LOAN GUARANTEES TO BORROWERS WHO HAVE RECEIVED DEBT FORGIVENESS AFTER APRIL 4, 1996. (a) In General.--Section 373(b)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008h(b)(1)) is amended to read as follows: ``(1) Prohibitions.--Except as provided in paragraph (2): ``(A) Loan prohibition.--The Secretary may not make a loan under this title to a borrower who has received debt forgiveness on a loan made or guaranteed under this title. ``(B) Guarantees prohibited for borrower who has received debt forgiveness after april 4, 1996.--The Secretary may not guarantee a loan under this title to a borrower who has received debt forgiveness after April 4, 1996, on a loan made or guaranteed under this title.''. (b) Authority To Make Emergency Loans to Certain Borrowers Who Have Received Debt Forgiveness.--Section 373(b)(2) of such Act (7 U.S.C. 2008h(b)(2)) is amended-- (1) by inserting ``(A)'' before ``The''; and (2) by adding at the end the following: ``(B) The Secretary may make an emergency loan under section 321 to a borrower who-- ``(i) on or before April 4, 1996, received not more than 1 debt forgiveness on a loan made or guaranteed under this title; and ``(ii) after April 4, 1996, has not received debt forgiveness on a loan made or guaranteed under this title.''. SEC. 3. FAMILY FARM DEFINITION. (a) Real Estate Loans.--Section 302 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922) is amended by adding at the end the following: ``(c)(1) The primary factor to be considered in determining whether an applicant for a loan under this subtitle is engaged primarily and directly in farming or ranching shall be whether the applicant is participating in routine, ongoing farm activities, and in overall decision making with regard to the farm or ranch. ``(2) The Secretary may not deny a loan under this subtitle solely because 2 or more individuals are employed full-time in the farming operation for which the loan is sought.''. (b) Operating Loans.--Section 311 of such Act (7 U.S.C. 1941) is amended by adding at the end the following: ``(d)(1) The primary factor to be considered in determining whether an applicant for a loan under this subtitle is engaged primarily and directly in farming or ranching shall be whether the applicant is participating in routine, ongoing farm activities, and in overall decision making with regard to the farm or ranch. ``(2) The Secretary may not deny a loan under this subtitle solely because 2 or more individuals are employed full-time in the farming operation for which the loan is sought.''. (c) Emergency Loans.--Section 321 of such Act (7 U.S.C. 1961) is amended by adding at the end the following: ``(e)(1) The primary factor to be considered in determining whether an applicant for a loan under this subtitle is engaged primarily and directly in farming or ranching shall be whether the applicant is participating in routine, ongoing farm activities, and in overall decision making with regard to the farm or ranch. ``(2) The Secretary may not deny a loan under this subtitle solely because 2 or more individuals are employed full-time in the farming operation for which the loan is sought.''. SEC. 4. COMBINED LIMIT ON AMOUNT OF GUARANTEED FARM OWNERSHIP LOANS AND GUARANTEED FARM OPERATING LOANS; INDEXATION TO INFLATION. (a) Limit on Amount of Guaranteed Farm Ownership Loans.--Section 305 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1925) is amended-- (1) by striking ``$300,000'' and inserting ``$700,000 (increased, beginning with fiscal year 1998, by the inflation percentage applicable to the fiscal year in which the loan is to be made or insured), reduced by the unpaid indebtedness of the borrower on loans under subtitle B that are guaranteed by the Secretary''; and (2) by adding at the end the following: ``For purposes of this section, the inflation percentage applicable to a fiscal year is the percentage (if any) by which (A) the average of the Consumer Price Index (as defined in section 1(f)(5) of the Internal Revenue Code of 1986) for the 12-month period ending on August 31 of the immediately preceding fiscal year, exceeds (B) the average of the Consumer Price Index (as so defined) for the 12-month period ending on August 31, 1996.''. (b) Limit on Amount of Guaranteed Farm Operating Loans.--Section 313 of such Act (7 U.S.C. 1943) is amended-- (1) by striking ``$400,000'' and inserting ``$700,000 (increased, beginning with fiscal year 1998, by the inflation percentage applicable to the fiscal year in which the loan is to be made or insured), reduced by the unpaid indebtedness of the borrower on loans under the sections specified in section 305 that are guaranteed by the Secretary''; and (2) by adding at the end the following: ``For purposes of this section, the inflation percentage applicable to a fiscal year is the percentage (if any) by which (A) the average of the Consumer Price Index (as defined in section 1(f)(5) of the Internal Revenue Code of 1986) for the 12-month period ending on August 31 of the immediately preceding fiscal year, exceeds (B) the average of the Consumer Price Index (as so defined) for the 12-month period ending on August 31, 1996.''. SEC. 5. EXPANSION OF CLASS OF BEGINNING FARMERS ELIGIBLE FOR DIRECT OPERATING LOANS. Section 311(c)(1)(A) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941(c)(1)(A)) is amended by striking ``who has not operated a farm or ranch, or who has operated a farm or ranch for not more than 5 years''. SEC. 6. PRIORITY FOR FARMER-OWNED VALUE-ADDED PROCESSING FACILITIES. Section 310B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932) is amended by adding at the end the following new subsection: ``(h) Priority for Farmer-Owned Value-Added Processing Facilities.--In approving applications for loans and grants authorized under this section, section 306(a)(11), and other applicable provisions of this title (as determined by the Secretary), the Secretary shall give a high priority to applications for projects that encourage farmer-owned value-added processing facilities.''. SEC. 7. NOTICE OF RECAPTURE UNDER SHARED APPRECIATION ARRANGEMENTS. Section 353(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2001(e)) is amended by adding at the end the following: ``(6) Notice of recapture.--Not later than 12 months before the end of the term of a shared appreciation arrangement, the Secretary shall notify the borrower involved of the provisions of the arrangement.''. SEC. 8. NATIONAL REALLOCATION OF FUNDS FOR USE BY SOCIALLY DISADVANTAGED FARMERS AND RANCHERS. Section 355(c)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(c)(2)) is amended to read as follows: ``(2) Reservation and allocation.-- ``(A) In general.--The Secretary shall, to the greatest extent practicable, reserve and allocate the proportion of each State's loan funds made available under subtitle B that is equal to that State's target participation rate for use by the socially disadvantaged farmers or ranchers in that State. The Secretary shall, to the extent practicable, distribute the total so derived on a county by county basis according to the number of socially disadvantaged farmers or ranchers in the county. ``(B) Reallocation of unused funds.--The Secretary may pool any funds reserved and allocated under this paragraph with respect to a State that are not used as described in subparagraph (A) in a State in the first 6 months of a fiscal year with the funds similarly not so used in other States, and may reallocate such pooled funds in the discretion of the Secretary for use by socially disadvantaged farmers and ranchers in other States.''. SEC. 9. APPLICABILITY OF DISASTER LOAN COLLATERAL REQUIREMENTS UNDER THE SMALL BUSINESS ACT. Section 324(d) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1964(d)) is amended by adding at the end the following: ``The Secretary shall not deny a loan under this subtitle to a borrower by reason of the fact that the borrower lacks a particular amount of collateral for the loan if it is reasonably certain that the borrower will be able to repay the loan. Notwithstanding the preceding sentence, if a borrower refuses to pledge available collateral on request by the Secretary, the Secretary may deny or cancel a loan under this subtitle.''. SEC. 10. GROWER-SHIPPER AGREEMENTS. (a) Real Estate Loans.--Section 302 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922) is further amended by adding at the end the following: ``(d) This section shall not be construed to prohibit the Secretary from making a loan under this subtitle to an applicant therefor who has entered into an agreement with a shipper of perishable commodities under which the applicant and the shipper share in the proceeds from the sale of an agricultural commodity if-- ``(1) in the absence of such an agreement, the applicant could not easily market the agricultural commodity, or could not market the agricultural commodity without incurring significant additional risk; and ``(2) the agreement is clearly beneficial to the applicant.''. (b) Operating Loans.--Section 311 of such Act (7 U.S.C. 1941) is further amended by adding at the end the following: ``(e) This section shall not be construed to prohibit the Secretary from making a loan under this subtitle to an applicant therefor who has entered into an agreement with a shipper of perishable commodities under which the applicant and the shipper share in the proceeds from the sale of an agricultural commodity if-- ``(1) in the absence of such an agreement, the applicant could not easily market the agricultural commodity, or could not market the agricultural commodity without incurring significant additional risk; and ``(2) the agreement is clearly beneficial to the applicant.''. (c) Emergency Loans.--Section 321 of such Act (7 U.S.C. 1961) is further amended by adding at the end the following: ``(f) This section shall not be construed to prohibit the Secretary from making a loan under this subtitle to an applicant therefor who has entered into an agreement with a shipper of perishable commodities under which the applicant and the shipper share in the proceeds from the sale of an agricultural commodity if-- ``(1) in the absence of such an agreement, the applicant could not easily market the agricultural commodity, or could not market the agricultural commodity without incurring significant additional risk; and ``(2) the agreement is clearly beneficial to the applicant.''.

Agricultural Credit Improvement Act of 1998 - Amends the Consolidated Farm and Rural Development Act to prohibit agricultural loan guarantees to borrowers who have received debt forgiveness after a specified date. Authorizes emergency loans to be made to borrowers who have received debt forgiveness after a specified date. (Sec. 3) States that with respect to agricultural real estate, operating, and emergency loans, the primary factor in determining whether an applicant is primarily and directly engaged in farming or ranching shall be whether he or she participates in ongoing farm activities and decision making. (Sec. 4) Increases the respective limits and provides inflation indexing for guaranteed farm ownership and operating loans. (Sec. 5) Eliminates the prohibition on providing beginning farmer direct operating loans to persons who have operated a farm or ranch for more than five years. (Sec. 6) Gives loan and grant priority to projects that encourage farmer-owned value-added processing facilities. (Sec. 7) Requires borrowers under shared appreciation arrangements to be given notice of recapture. (Sec. 8) Provides for reservation and reallocation of specified loan funds for socially disadvantaged farmers and ranchers. (Sec. 9) Prohibits emergency loan denial based upon insufficient collateral if it is reasonably certain that the borrower will be able to repay the loan. (Sec. 10) Provides that under specified conditions a grower-shipper agreement shall not disqualify the applicant-grower from receiving a real estate, operating, or emergency loan.

Agricultural Credit Improvement Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Capital Region Land Conservation Act of 2009''. SEC. 2. AUTHORIZATION OF GRANT PROGRAM. The Act of May 29, 1930 (Chapter 354; 46 Stat. 482; commonly known as the Capper-Cramton Act), is amended by adding at the end the following: ``SEC. 7. GRANT PROGRAM TO PRESERVE RESOURCES IN THE NATIONAL CAPITAL REGION. ``(a) Establishment.--Out of amounts appropriated to carry out this section, the Secretary of the Interior, acting through the Director of the National Park Service, is authorized to make grants to covered States and covered local governments to assist the acquisition of lands and interests therein that affect or are within the National Capital region and that will be used for any of the following purposes: ``(1) Parks. ``(2) Open space. ``(3) Green space corridors that link public lands, lands subject to conservation restrictions, or a combination of such lands. ``(4) Agriculture. ``(5) Forests. ``(6) Fish and wildlife habitat. ``(7) Watershed protection. ``(8) Historic preservation. ``(9) Sensitive environmental area protection. ``(10) Public recreation. ``(b) Restriction to Certain Uses.--The Secretary shall require that, for each grant under subsection (a), any land or interest therein acquired through the assistance of such grant may not be used for a purpose other than a purpose described in subsection (a). ``(c) Grant Determinations.--In determining whether to make a grant under subsection (a), the Secretary shall consider the following: ``(1) How the proposed acquisition furthers local and regional planning and policy objectives. ``(2) The amount of non-Federal funding to be provided for the proposed acquisition. ``(3) The relationship of the proposed acquisition to other public lands and conservation areas. ``(4) The relative need of an area for the proposed acquisition due to such area's limited or lacking quality or quantity of protected resources. ``(5) Any impending threat to the resource under consideration for protection by the proposed acquisition. ``(d) Matching Requirement.--Grants under subsection (a) shall be in an amount not to exceed 50 percent of the total cost of the acquisition such grant will assist, which includes costs relating to purchase price, appraisal, survey, title clearance, and closing. The non-Federal share of such cost may be in cash or in kind. ``(e) Applicable Laws.--Acquisitions assisted by a grant under subsection (a) shall be in accord with the laws of the applicable covered State, including any requirements for appraisal and acceptable title. ``(f) Title and Management of Lands.--Title to lands and interests therein acquired with the assistance of a grant under subsection (a) shall be held by the covered State or covered local government making the acquisition. Management responsibilities for the lands and interests may be delegated to nonprofit organizations on such terms and conditions deemed by the title holder to be in the public interest. ``(g) Relationship to Other Federal Funding.--The authority of the Secretary to make grants under subsection (a) is in addition to any other authority provided to acquire lands and interests therein for related purposes, except that Federal funds provided under any other authority may not be used for the non-Federal share required under subsection (d). ``(h) Planning Grants.--The Secretary is authorized to make grants to covered States, covered local governments, and nonprofit organizations for the purpose of planning and evaluating acquisitions eligible for a grant under subsection (a). The sum of the amounts of grants made under this subsection in a fiscal year may not exceed 5 percent of the amount of funds appropriated to carry out this section in the fiscal year. ``(i) Administrative Costs.--Not more than 2 percent of the amount of funds appropriated to carry out this section in a fiscal year may be used for administrative costs. ``(j) Relationship to Other Provisions of This Act.--No requirement of this Act, except a requirement under this section, applies to an activity under this section. ``(k) Definitions.--In this section, the following definitions apply: ``(1) Covered local government.--The term `covered local government' means a political subdivision of a covered State. ``(2) Covered state.--The term `covered State' means each of Maryland, Virginia, West Virginia, and the District of Columbia, including any department or agency thereof. ``(3) National capital region.--The term `National Capital region' means the Washington-Arlington-Alexandria, DC-VA-MD-WV Metropolitan Statistical Area as such Area is defined by the Office of Management and Budget's OMB Bulletin No. 09-01, dated November 20, 2008, and as such Area may be revised by the Office of Management and Budget from time to time. ``(4) Secretary.--The term `Secretary' means the Secretary of the Interior, acting through the Director of the National Park Service. ``(l) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated to the Secretary $50,000,000 for each of fiscal years 2010 through 2014.''.

National Capital Region Land Conservation Act of 2009 - Amends the Capper-Cramton Act to authorize the Secretary of the Interior, acting through the Director of the National Park Service (NPS), to make grants to Maryland, Virginia, West Virginia, and the District of Columbia and their political subdivisions (the covered states and covered local governments) for assistance in acquiring lands and interests therein that affect or are within the National Capital region and will be used for: (1) parks; (2) open space; (3) green space corridors that link public lands, lands subject to conservation restrictions, or a combination of such lands; (4) agriculture; (5) forests; (6) fish and wildlife habitat; (7) watershed protection; (8) historic preservation; (9) sensitive environmental area protection; and (10) public recreation. Bars the use of any land and interest acquired through the assistance of such a grant for a purpose other than a purpose specified above. Limits grant amounts to 50% of the total cost of the acquisition the grant will assist, including costs related to purchase price, appraisal, survey, title clearance, and closing. Authorizes the Secretary to make grants to covered states, covered local governments, and nonprofits to plan and evaluate acquisitions eligible for a grant for assistance under this Act.

A bill to amend the Act of May 29, 1930 (Chapter 354; 46 Stat. 482; commonly known as the Capper-Cramton Act), to authorize a grant program to preserve resources in the National Capital region, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Universal Classroom Breakfast Expansion Act''. SEC. 2. GRANT PROGRAM FOR UNIVERSAL FREE CLASSROOM BREAKFAST PROGRAMS. (a) Establishment of Grant Program.--From the amount appropriated under subsection (h), the Secretary of Agriculture shall establish a program under which the Secretary shall make grants, on a competitive basis, to State agencies to award subgrants to qualifying schools to establish a universal free breakfast program in accordance with subsection (e). (b) Grant Amount.--A grant awarded under this Act to a State agency may not exceed an amount equal to 10 percent of the total amount appropriated under subsection (h) for a fiscal year. (c) State Agency Application.--To receive a grant under this Act, a State agency shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) State Agency Use of Funds.-- (1) In general.--A State agency receiving a grant under this Act shall use funds made available under the grant to-- (A) award subgrants in accordance with subsection (e) to qualifying schools to implement a universal free breakfast program described in paragraph (4)(B) of such subsection; (B) provide technical assistance to assist such schools in implementing the program; and (C) conduct the targeted outreach described in paragraph (2). (2) Targeted outreach.--A State agency receiving a grant under this Act shall provide outreach to qualifying schools with the highest percentage of students who are eligible for free and reduced-price lunches under the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), as compared to other qualifying schools, to facilitate the participation of such schools in the subgrant program established under this Act. (3) Limitation on use of funds.--A State agency receiving a grant under this Act may not use more than 5 percent of the funds made available under the grant to provide-- (A) the technical assistance described in paragraph (1)(B); and (B) the targeted outreach described in paragraph (2). (e) Subgrants to Qualifying Schools.-- (1) Priority.--A State agency receiving a grant under this Act shall award subgrants to qualifying schools. In awarding such subgrants, a State agency shall give priority to qualifying schools in which 75 percent or more of the students are eligible for free or reduced-price school lunches under the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (2) Subgrant amount.--A subgrant under this Act may not be awarded to a qualifying school in an amount that exceeds $10,000 for any fiscal year. (3) Duration.--A subgrant under this Act shall be awarded to a qualifying school for a period of not more than 2 fiscal years. (4) Qualifying school.--For purposes of this Act, the term ``qualifying school'' means-- (A) a school providing elementary or secondary education in which at least 40 percent of students are eligible for free or reduced-price school lunches under the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and (B) that agrees to-- (i) use the funds received under this Act to establish a program at such school-- (I) to serve all students enrolled in the school, for a minimum period of 3 school years, breakfast at no charge under the school breakfast program established under section 4 the Child Nutrition Act of 1966 (42 U.S.C. 1773); and (II) that allows the students to eat such breakfast in the classroom after the start of the school day; and (ii) pay, from sources other than Federal funds, for the costs of serving all breakfasts at no charge that are in excess of the value of assistance received pursuant to the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) with respect to the number of breakfasts served during the period. (5) School application.--To receive a subgrant under this Act, a qualifying school shall submit to the State agency located in the same State as the school an application at such time, in such manner, and containing such information as the State agency may require. (6) Use of funds by qualifying schools.--A qualifying school receiving a subgrant under this Act shall use funds available under such subgrant to cover the costs of the materials and assistance necessary to establish the program described in paragraph (4)(B), including the costs with respect to-- (A) training and technical assistance for school staff regarding the program; (B) promotional materials for students and families to encourage students to participate in the program; and (C) equipment needed to service breakfast to students outside the cafeteria and in the classroom under such program. (f) Report to Congress.--The Secretary, in consultation with local educational agencies, State educational agencies, and qualifying schools that receive grants or subgrants pursuant to this Act, shall submit to Congress an annual report describing-- (1) how the funds were used; and (2) the impact on-- (A) participation in the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and (B) the educational environment. (g) Rule of Construction.--Nothing in this Act shall be construed to prohibit a qualifying school that receives special assistance payments under subparagraph (C), (D), or (E) of section 11 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a) from receiving a subgrant under this Act. (h) Authorization of Appropriations.--There are authorized to be appropriated $50,000,000 to carry out this Act for fiscal year 2011 and 2012. (i) Definition.--For purposes of this Act, the term ``State agency'' means a State agency that administers child nutrition programs under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).

Universal Classroom Breakfast Expansion Act - Directs the Secretary of Agriculture to award competitive grants to states and, through them, subgrants to schools to assist such schools in establishing universal free breakfast programs that provide all of their students with free breakfasts for at least three years under the school breakfast program. Requires students to be allowed to eat such breakfasts in the classroom after school starts. Limits subgrant eligibility to elementary or secondary schools in which at least 40% of the students are eligible for free or reduced-price lunches under the school lunch program. Directs state grantees to provide: (1) technical assistance to schools in implementing such programs; (2) targeted outreach to schools with the highest percentage of students who are eligible for free or reduced-price lunches under the school lunch program; and (3) subgrant priority to schools in which 75% or more of the students are eligible for such lunches. Requires subgrantees to cover, from nonfederal sources, the costs of serving free breakfasts that exceed the assistance received under the school breakfast program.

To establish a grant program to assist schools in establishing a universal free classroom breakfast program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vote by Mail Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Supreme Court declared in Reynolds v. Sims that ``[i]t has been repeatedly recognized that all qualified voters have a constitutionally protected right to vote . . . and to have their votes counted.''. (2) In the 2000 and 2004 presidential elections, voting technology failures and procedural irregularities deprived some Americans of their fundamental right to vote. (3) In 2000, faulty punch card ballots and other equipment failures prevented accurate vote counts nationwide. A report by the Caltech/MIT Voting Technology Project estimates that approximately 1,500,000 votes for president were intended to be cast but not counted in the 2000 election because of equipment failures. (4) In 2004, software errors, malfunctioning electronic voting systems, and long lines at the polls prevented accurate vote counts and prevented some people from voting. For instance, voters at Kenyon College in Gambier, Ohio waited in line for up to 12 hours because there were only 2 machines available for 1,300 voters. (5) Under the Oregon Vote by Mail system, election officials mail ballots to all registered voters at least 2 weeks before election day. Voters mark their ballots, seal the ballots in both unmarked secrecy envelopes and signed return envelopes, and return the ballots by mail or to secure drop boxes. Once a ballot is received, election officials scan the bar code on the ballot envelope, which brings up the voter's signature on a computer screen. The election official compares the signature on the screen and the signature on the ballot envelope. Only if the signature on the ballot envelope is determined to be authentic is the ballot forwarded on to be counted. (6) Oregon's Vote by Mail system has resulted in an extremely low rate of voter fraud because the system includes numerous security measures such as the signature authentication system. Potential misconduct is also deterred by the power of the State to punish those who engage in voter fraud with up to five years in prison, $100,000 in fines, and the loss of their vote. (7) Vote by Mail is one factor making voter turnout in Oregon consistently higher than the average national voter turnout. For example, Oregon experienced a record voting-age- eligible population turnout of 70.6 percent in the 2004 presidential election, compared to 58.4 percent nationally. Oregon's turnout of registered voters for that election was 86.48 percent. (8) Women, younger voters, and homemakers also report that they vote more often using Vote by Mail. (9) Vote by Mail reduces election costs by eliminating the need to transport equipment to polling stations and to hire and train poll workers. Oregon has reduced its election-related costs by 30 percent since implementing Vote by Mail. (10) Vote by Mail allows voters to educate themselves because they receive ballots well before election day, which provides them with ample time to research issues, study ballots, and deliberate in a way that is not possible at a polling place. (11) Vote by Mail is accurate--at least 2 studies comparing voting technologies show that absentee voting methods, including Vote by Mail systems, result in a more accurate vote count. (12) Vote by Mail results in more up-to-date voter rolls, since election officials use forwarding information from the post office to update voter registration. (13) Vote by Mail allows voters to visually verify that their votes were cast correctly and produces a paper trail for recounts. (14) In a survey taken 5 years after Oregon implemented the Vote by Mail system, more than 8 in 10 Oregon voters said they preferred voting by mail to traditional voting. SEC. 3. DEFINITIONS. In this Act: (1) Election.--The term ``election'' means any general, special, primary, or runoff election. (2) Participating state.--The term ``participating State'' means a State receiving a grant under the Vote by Mail grant program under section 4. (3) State.--The term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. (4) Voting system.--The term ``voting system'' has the meaning given such term under section 301(b) of the Help America Vote Act of 2002 (42 U.S.C. 15481(b)). SEC. 4. VOTE BY MAIL GRANT PROGRAM. (a) Establishment.--Not later than 270 days after the date of enactment of this Act, the Election Assistance Commission shall establish a Vote by Mail grant program (in this section referred to as the ``program''). (b) Purpose.--The purpose of the program is to make implementation grants to participating States solely for the implementation of procedures for the conduct of all elections by mail at the State or local government level. (c) Limitation on Use of Funds.--In no case may grants made under this section be used to reimburse a State for costs incurred in implementing mail-in voting for elections at the State or local government level if such costs were incurred prior to the date of enactment of this Act. (d) Application.--A State seeking to participate in the program under this section shall submit an application to the Election Assistance Commission containing such information, and at such time as, the Election Assistance Commission may specify. (e) Amount and Number of Implementation Grants; Duration of Program.-- (1) Amount of grants.-- (A) In general.--Subject to subparagraph (B), the amount of an implementation grant made to a participating State shall be, in the case of a State that certifies that it will implement all elections by mail in accordance with the requirements of subsection (f), with respect to-- (i) the entire State, $2,000,000; or (ii) any single unit or multiple units of local government within the State, $1,000,000. (B) Excess funds.-- (i) In general.--The Election Assistance Commission shall establish a process to distribute excess funds to participating States. The process shall ensure that such funds are allocated among participating States in an equitable manner, based on the number of registered voters in the area in which the State certifies that it will implement all of its elections by mail under subparagraph (A). (ii) Excess funds defined.--For purposes of clause (i), the term ``excess funds'' means any amounts appropriated pursuant to the authorization under subsection (h)(1) with respect to a fiscal year that are not awarded to a participating State under an implementation grant during such fiscal year. (C) Continuing availability of funds after appropriation.--An implementation grant made to a participating State under this section shall be available to the State without fiscal year limitation. (2) Number of implementation grants.-- (A) In general.--The Election Assistance Commission shall award an implementation grant to up to 18 participating States under this section during each year in which the program is conducted. (B) One grant per state.--The Election Assistance Commission shall not award more than 1 implementation grant to any participating State under this section over the duration of the program. (3) Duration.--The program shall be conducted for a period of 3 years. (f) Requirements.-- (1) Required procedures.--A participating State shall establish and implement procedures for conducting all elections by mail in the area with respect to which it receives an implementation grant to conduct such elections, including the following: (A) A process for recording electronically each voter's registration information and signature. (B) A process for mailing ballots to all eligible voters. (C) The designation of places for the deposit of ballots cast in an election. (D) A process for ensuring the secrecy and integrity of ballots cast in the election. (E) Procedures and penalties for preventing election fraud and ballot tampering, including procedures for the verification of the signature of the voter accompanying the ballot through comparison of such signature with the signature of the voter maintained by the State in accordance with subparagraph (A). (F) Procedures for verifying that a ballot has been received by the appropriate authority. (G) Procedures for obtaining a replacement ballot in the case of a ballot which is destroyed, spoiled, lost, or not received by the voter. (H) A plan for training election workers in signature verification techniques. (I) Plans and procedures to ensure that voters who are blind, visually-impaired, or otherwise disabled have the opportunity to participate in elections conducted by mail and to ensure compliance with the Help America Vote Act of 2002. Such plans and procedures shall be developed in consultation with disabled and other civil rights organizations, voting rights groups, State election officials, voter protection groups, and other interested community organizations. (g) Best Practices, Technical Assistance, and Reports.--The Election Assistance Commission shall-- (1) develop, periodically issue, and, as appropriate, update best practices for conducting elections by mail; (2) provide technical assistance to participating States for the purpose of implementing procedures for conducting elections by mail; and (3) submit to the appropriate committees of Congress-- (A) annual reports on the implementation of such procedures by participating States during each year in which the program is conducted; and (B) upon completion of the program conducted under this section, a final report on the program, together with recommendations for such legislation or administrative action as the Election Assistance Commission determines to be appropriate. (h) Authorization of Appropriations.-- (1) Grants.--There are authorized to be appropriated to award grants under this section, for each of fiscal years 2007 through 2009, $36,000,000, to remain available without fiscal year limitation until expended. (2) Administration.--There are authorized to be appropriated to administer the program under this section, $2,000,000 for the period of fiscal years 2007 through 2009, to remain available without fiscal year limitation until expended. (i) Rule of Construction.--In no case shall any provision of this section be construed as affecting or replacing any provisions or requirements under the Help America Vote Act of 2002, or any other laws relating to the conduct of Federal elections. SEC. 5. STUDY ON IMPLEMENTATION OF MAIL-IN VOTING FOR ELECTIONS. (a) Study.-- (1) In general.--The Comptroller General of the United States (in this section referred to as the ``Comptroller General'') shall conduct a study evaluating the benefits of nationwide implementation of mail-in voting in elections, taking into consideration the annual reports submitted by the Election Assistance Commission under section 4(f)(3)(A) before November 1, 2009. (2) Specific issues studied.--The study conducted under paragraph (1) shall include a comparison of traditional voting methods and mail-in voting with respect to-- (A) the likelihood of voter fraud and misconduct; (B) accuracy of voter rolls; (C) accuracy of election results; (D) voter participation in urban and rural communities and by minorities, language minorities (as defined in section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a)), and individuals with disabilities; and (E) public confidence in the election system. (b) Report.--Not later than November 1, 2009, the Comptroller General shall prepare and submit to the appropriate committees of Congress a report on the study conducted under subsection (a), together with such recommendations for legislation or administrative action as the Comptroller General determines to be appropriate.

Vote by Mail Act of 2006 - Directs the Election Assistance Commission to establish a Vote by Mail program of grants to participating states solely for implementation of procedures for the conduct of all elections by mail at the state or local level. Directs the Comptroller General to evaluate and report to Congress on the benefits of nationwide implementation of mail-in voting in elections.

A bill to establish a Vote by Mail grant program.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Climate Change Adapt America Fund Act of 2017''. (b) Table of Contents.-- Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--CLIMATE CHANGE ADVISORY COMMISSION Sec. 101. Establishment of Climate Change Advisory Commission. Sec. 102. Duties. Sec. 103. Commission personnel matters. Sec. 104. Funding. Sec. 105. Termination. TITLE II--ADAPT AMERICA FUND Sec. 201. Adapt America Fund. Sec. 202. Compliance with Davis-Bacon Act. Sec. 203. Funding. TITLE III--REVENUE Sec. 301. Climate change obligations. Sec. 302. Promotion. SEC. 2. DEFINITIONS. Except as otherwise provided, in this Act: (1) Commission.--The term ``Commission'' means the Climate Change Advisory Commission established by section 101(a). (2) Fund.--The term ``Fund'' means the Adapt America Fund established by section 201(a)(1). (3) Qualified climate change adaptation purpose.-- (A) In general.--The term ``qualified climate change adaptation purpose'' means an objective with a demonstrated intent to reduce the economic, social, and environmental impact of the adverse effects of climate change. (B) Inclusions.--The term ``qualified climate change adaptation purpose'' includes-- (i) infrastructure resiliency and mitigation; (ii) improved disaster response; and (iii) ecosystem protection. (4) Secretary.--The term ``Secretary'' means the Secretary of Commerce. TITLE I--CLIMATE CHANGE ADVISORY COMMISSION SEC. 101. ESTABLISHMENT OF CLIMATE CHANGE ADVISORY COMMISSION. (a) In General.--There is established a commission to be known as the ``Climate Change Advisory Commission''. (b) Membership.--The Commission shall be composed of 11 members-- (1) who shall be selected from the public and private sectors and institutions of higher education; and (2) of whom-- (A) 3 shall be appointed by the President, in consultation with the Interagency Climate Change Adaptation Task Force; (B) 2 shall be appointed by the Speaker of the House of Representatives; (C) 2 shall be appointed by the minority leader of the House of Representatives; (D) 2 shall be appointed by the majority leader of the Senate; and (E) 2 shall be appointed by the minority leader of the Senate. (c) Terms.--Each member of the Commission shall be appointed for the life of the Commission. (d) Initial Appointments.--Each member of the Commission shall be appointed not later than 90 days after the date of enactment of this Act. (e) Vacancies.--A vacancy on the Commission-- (1) shall not affect the powers of the Commission; and (2) shall be filled in the manner in which the original appointment was made. (f) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (g) Meetings.--The Commission shall meet at the call of the Chairperson. (h) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (i) Chairperson and Vice Chairperson.--The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission. SEC. 102. DUTIES. The Commission shall-- (1) establish recommendations, frameworks, and guidelines for a Federal investment program funded by revenue from climate change obligations issued under section 301 for States, municipalities, and other public entities, including utility districts, transit authorities, and multistate regulatory bodies that-- (A) improves and adapts energy, transportation, water, and general infrastructure impacted or expected to be impacted due to climate variability; and (B) integrates best available science, data, standards, models, and trends that improve the resiliency of infrastructure systems described in subparagraph (A); and (2) identify categories of the most cost-effective investments and projects that emphasize multiple benefits to commerce, human health, and ecosystems. SEC. 103. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.-- (1) Non-federal employees.--A 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 the member is engaged in the performance of the duties of the Commission. (2) Federal employees.--A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (b) Travel Expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate such personnel as are necessary to enable the Commission to perform the duties of the Commission. (2) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay.--The rate of pay for personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. SEC. 104. FUNDING. The Commission shall use amounts in the Fund to pay for all administrative expenses of the Commission. SEC. 105. TERMINATION. The Commission shall terminate on such date as the Commission determines after the Commission carries out the duties of the Commission under section 102. TITLE II--ADAPT AMERICA FUND SEC. 201. ADAPT AMERICA FUND. (a) Establishment.-- (1) In general.--There is established within the Department of Commerce the ``Adapt America Fund''. (2) Responsibility of secretary.--The Secretary shall take such action as the Secretary determines to be necessary to assist in implementing the establishment of the Fund in accordance with this Act. (b) Climate Change Adaptation Projects.--The Secretary, in consultation with the Commission, shall carry out a program to provide funds to eligible applicants to carry out projects for a qualified climate change adaptation purpose. (c) Eligible Entities.--An entity eligible to participate in the program under subsection (b) shall include-- (1) a Federal agency; (2) a State or a group of States; (3) a unit of local government or a group of local governments; (4) a utility district; (5) a tribal government or a consortium of tribal governments; (6) a State or regional transit agency or a group of State or regional transit agencies; (7) a nonprofit organization; (8) a special purpose district or public authority, including a port authority; and (9) any other entity, as determined by the Secretary. (d) Application.--An eligible entity shall submit to the Secretary an application for a project for a qualified climate change adaptation purpose at such time, in such manner, and containing such information as the Secretary may require, including data relating to any benefits, such as economic impact or improvements to public health, that the project is expected to provide. (e) Selection.--The Secretary shall select projects from eligible entities to receive funds under this section based on criteria and guidelines determined and published by the Commission. (f) Non-Federal Funding Requirement.--In order to receive funds under this section, an eligible entity shall provide funds for the project in an amount that is equal to not less than 25 percent of the amount of funds provided under this section. (g) Maintenance of Effort.--All amounts deposited in the Fund in accordance with section 301(a) shall be used only to fund new projects in accordance with this Act. (h) Applicability of Federal Law.--Nothing in this Act waives the requirements of any Federal law (including regulations) that would otherwise apply to a qualified climate change project that receives funds under this section. SEC. 202. COMPLIANCE WITH DAVIS-BACON ACT. (a) In General.--All laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Fund pursuant to this title shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of title 40, United States Code. (b) Labor Standards.--With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. SEC. 203. FUNDING. The Secretary shall use funds made available to the Secretary and not otherwise obligated to carry out the program under section 201(b). TITLE III--REVENUE SEC. 301. CLIMATE CHANGE OBLIGATIONS. (a) In General.--Not later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury or the Secretary's delegate (referred to in this title as the ``Secretary'') shall issue obligations under chapter 31 of title 31, United States Code (referred to in this title as ``climate change obligations''), the proceeds from which shall be deposited in the Fund. (b) Full Faith and Credit.--Payment of interest and principal with respect to any climate change obligation issued under this section shall be made from the general fund of the Treasury of the United States and shall be backed by the full faith and credit of the United States. (c) Exemption From Local Taxation.--All climate change obligations issued by the Secretary, and the interest on or credits with respect to such obligations, shall not be subject to taxation by any State, county, municipality, or local taxing authority. (d) Amount of Climate Change Obligations.--The aggregate face amount of the climate change obligations issued annually under this section shall be $200,000,000. (e) Funding.--The Secretary shall use funds made available to the Secretary and not otherwise obligated to carry out the purposes of this section. SEC. 302. PROMOTION. (a) In General.--The Secretary shall promote the purchase of climate change obligations through such means as are determined appropriate by the Secretary, with the amount expended for such promotion not to exceed $10,000,000 for any fiscal year during the period of fiscal years 2018 through 2022. (b) Donated Advertising.--In addition to any advertising paid for with funds made available under subsection (c), the Secretary shall solicit and may accept the donation of advertising relating to the sale of climate change obligations. (c) Authorization of Appropriations.--For each fiscal year during the period of fiscal years 2018 through 2022, there is authorized to be appropriated $10,000,000 to carry out the purposes of this section.

Climate Change Adapt America Fund Act of 2017 This bill requires the Department of the Treasury to issue climate change obligations. The proceeds from the debt obligations must be deposited in the Adapt America Fund established by this bill within the Department of Commerce. Commerce must carry out an investment program to fund projects for reducing economic, social, and environmental impact of the adverse effects of climate change. The bill establishes the Climate Change Advisory Commission to: (1) establish recommendations, frameworks, and guidelines for the investment program; and (2) identify categories of the most cost-effective investments and projects that emphasize multiple benefits to commerce, human health, and ecosystems.

Climate Change Adapt America Fund Act of 2017

SECTION 1. TREATMENT OF PREPAID DERIVATIVE CONTRACTS. (a) In General.--Part V of subchapter P of chapter 1 of the Internal Revenue Code of 1986 (relating to special rules for bonds and other debt instruments) is amended by adding at the end the following new subpart: ``Subpart E--Prepaid Derivative Contracts ``Sec. 1289. Treatment of prepaid derivative contracts. ``Sec. 1289A. Definitions. ``SEC. 1289. TREATMENT OF PREPAID DERIVATIVE CONTRACTS. ``(a) Current Inclusion in Income.--For purposes of this title, there shall be included in the gross income of the holder of a prepaid derivative contract an amount equal to the holder's interest accrual amount with respect to such contract for the taxable year. Any amount included in gross income under the preceding sentence shall be treated as interest. ``(b) Basis Adjustments.--If any interest accrual amount is included in the gross income of the holder of a prepaid derivative contract under subsection (a), such holder's basis in such contract shall be increased by the amount so included. ``(c) Loss Treated as Ordinary to Extent of Basis Increases.--In the case of any loss recognized on the disposition of any prepaid derivative contract, so much of such loss as does not exceed the aggregate increases in the basis of such contract under subsection (b) shall be treated as an ordinary loss. ``(d) Treatment of Distributions.--In the case of any distribution under a prepaid derivative contract-- ``(1) except as provided in paragraph (3), such distribution shall not be includible in gross income, ``(2) the adjusted basis of such contract shall be reduced (but not below zero) by the amount of such distribution, and ``(3) the excess (if any) of such distribution over such adjusted basis (determined before any reduction under paragraph (2)) shall be treated as gain from the sale of such contract. For purposes of this subsection, adjusted basis shall be determined after any adjustment to such basis under subsection (b) for the taxable year. ``(e) Interest Accrual Amount.-- ``(1) In general.--For purposes of this section, the interest accrual amount with respect to any prepaid derivative contract for any taxable year is the product of-- ``(A) the holder's adjusted basis in such contract as of the beginning of such taxable year, multiplied by ``(B) the greater of-- ``(i) the monthly Federal short-term rate determined under section 1274(d) for the first month ending during such taxable year, or ``(ii) in the case of a contract under which notional amounts are credited, the rate at which such amounts are credited. ``(2) Proration of interest accrual amount.--In the case of a taxpayer who acquires or disposes of any prepaid derivative contract during the taxable year, the interest accrual amount determined under paragraph (1) with respect to such contract for such year shall be an amount which bears the same ratio to-- ``(A) the amount which would be so determined without regard to this subparagraph, as ``(B) the portion of such taxable year during which such contract was held by such taxpayer bears to the entire taxable year. ``(3) Adjusted basis determined at acquisition.--In the case of the acquisition of any prepaid derivative contract during the taxable year, paragraph (1) shall be applied by substituting `the acquisition of such contract' for `the beginning of such taxable year'. ``(f) Special Rules for Publicly Traded Prepaid Derivative Contracts.-- ``(1) Limitation on inclusion.--The amount includible under subsection (a) with respect to the holder of any publicly traded prepaid derivative contract for any taxable year shall not exceed the excess (if any) of-- ``(A) the sum of-- ``(i) the fair market value of such contract as of the close of such taxable year (or, in the case of the disposition of such contract during the taxable year, as of such disposition), plus ``(ii) any distributions to the holder under such contract during such taxable year, over ``(B) the holder's adjusted basis in such contract as of the close of the preceding taxable year (or, in the case of the acquisition of the contract during the taxable year, as of such acquisition). ``(2) Excess carried forward.--If the interest accrual amount with respect to any publicly traded prepaid derivative contract for any taxable year exceeds the limitation determined under paragraph (1) with respect to the holder of such contract for such year, the interest accrual amount of such holder with respect to such contract for the succeeding taxable year shall be increased by such excess. ``(3) Interest accrual amount in succeeding years unaffected by limitation.--Solely for purposes of subsection (e)(1), the adjusted basis in a publicly traded prepaid derivative contract shall be determined without regard to paragraph (1). ``(g) Exception for Short Holding Periods and Instruments Marked to Market.--This section shall not apply to any prepaid derivative contract for any taxable year if such contract-- ``(1) has been held for less than 1 year and is disposed of in the taxable year in which acquired or on or before the due date for the return of income tax for such taxable year (without regard to any extension of time for filing such return), or ``(2) is marked to market with respect to the taxpayer for such taxable year under section 475 or 1256 or any other provision of this title. ``(h) Regulations.--The Secretary shall issue such regulations as are necessary or appropriate to carry out the purposes of this section, including regulations to prevent the avoidance of the purposes of this section. ``SEC. 1290. DEFINITIONS. ``For purposes of this subpart-- ``(1) Prepaid derivative contract.-- ``(A) In general.--The term `prepaid derivative contract' means any prepaid contract with a term of longer than 1 year from the date of issue which is a derivative financial instrument with respect to-- ``(i) any security (as defined in section 475(c)(2), determined without regard to subparagraph (F) and the last sentence thereof) or group of securities (as so defined), ``(ii) any commodity (as defined in section 475(e)(2), determined without regard to subparagraph (D) thereof) or group of commodities (as so defined), or ``(iii) any financial index. ``(B) Exceptions.--Such term shall not include any instrument which is treated (for purposes of this title) as-- ``(i) stock or debt, ``(ii) an interest in a partnership, ``(iii) part of a constructive ownership transaction to which section 1260 applies, ``(iv) a hedging transaction (as defined in section 1256(e)(2)), ``(v) a notional principal contract, or ``(vi) an option. ``(C) Certain options economically similar to ownership.--To the extent provided by the Secretary in regulations or other guidance, any option which by reason of such option's term and strike price is economically similar to a prepaid contract described in subparagraph (A) shall not be treated as an option for purposes of subparagraph (B)(vi). ``(2) Prepaid contract.--The term `prepaid contract' means any contract under which there is no substantial likelihood that the taxpayer will be required to pay any additional amount under the contract. For purposes of the preceding sentence, a taxpayer shall not be treated as having a substantial likelihood of being required to pay any additional amount if those additional amounts have been set aside (or are expected to be set aside) with respect to such payment or are subject to a defeasance arrangement or other arrangement similar to an arrangement described in section 470(d)(1)(B). ``(3) Publicly traded prepaid derivative contract.--The term `publicly traded prepaid derivative contract' means any prepaid derivative contract-- ``(A) which is traded on or subject to the rules of a qualified board or exchange, or ``(B) with respect to which the issuer (or any person acting on behalf of the issuer) regularly makes available to the public (including customers or subscribers) bid or offer quotes and stands ready to effect buy or sell transactions at the quoted prices for itself or on behalf of others.''. (b) Conforming Amendments.-- (1) The table of subparts for part V of subchapter P of chapter 1 of such Code is amended by adding at the end the following new item: ``subpart e--prepaid derivative contracts.''. (2) The heading of part V of subchapter P of chapter 1 of such Code, and the item relating to such part in the table of parts for subchapter P of chapter 1 of such Code, are each amended by striking ``debt''. (c) Effective Date.--The amendments made by this section shall apply to contracts acquired after the date of the enactment of this Act.

Amends the Internal Revenue Code to set forth rules for the treatment of income, loss, and distributions relating to a prepaid derivative contract. Defines "prepaid derivative contract" as any prepaid contract with a term longer than one year from the date of issue which is a derivative financial instrument with respect to any security, commodity, or financial index.

To amend the Internal Revenue Code of 1986 with respect to the treatment of prepaid derivative contracts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Simplifying the Application for Student Aid Act''. SEC. 2. USING DATA FROM SECOND PRECEDING YEAR. Section 480(a)(1)(B) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(a)(1)(B)) is amended by striking ``may'' in both places it appears and inserting ``shall''. SEC. 3. CALCULATION OF ANNUAL ADJUSTMENT PERCENTAGE FOR FEDERAL PELL GRANTS. Section 401(b)(7)(C)(iv)(I) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(7)(C)(iv)(I)) is amended by striking ``calendar year'' and inserting ``fiscal year''. SEC. 4. FAFSA SIMPLIFICATION. (a) FAFSA Simplification.--Section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) is amended-- (1) in subsection (a)(3), by adding at the end the following: ``(I) Format.--Not later than 180 days after the date of the enactment of the Simplifying the Application for Student Aid Act, the Secretary shall make the electronic version of the forms under this paragraph available through a technology tool that can be used on mobile devices. Such technology tool shall, at minimum, enable applicants to-- ``(i) save data; and ``(ii) submit their FAFSA to the Secretary through such tool. ``(J) Consumer testing.--In developing and maintaining the electronic version of the forms under this paragraph and the technology tool for mobile devices under subparagraph (I), the Secretary shall conduct consumer testing with appropriate persons to ensure the forms and technology tool are designed to be easily usable and understandable by students and families. Such consumer testing shall include-- ``(i) current and prospective college students, family members of such students, and other individuals with expertise in student financial assistance application processes; ``(ii) dependent students and independent students meeting the requirements under subsection (b) or (c) of section 479; and ``(iii) dependent students and independent students who do not meet the requirements under subsection (b) or (c) of section 479.''; and (2) by amending subsection (f) to read as follows: ``(f) Use of Internal Revenue Service Data Retrieval Tool To Populate FAFSA.-- ``(1) Simplification efforts.--The Secretary shall-- ``(A) make every effort to allow applicants to utilize the current data retrieval tool to transfer data available from the Internal Revenue Service to reduce the amount of original data entry by applicants and strengthen the reliability of data used to calculate expected family contributions, including through the use of technology to-- ``(i) allow an applicant to automatically populate the electronic version of the forms under this paragraph with data available from the Internal Revenue Service; and ``(ii) direct an applicant to appropriate questions on such forms based on the applicant's answers to previous questions; and ``(B) allow single taxpayers, married taxpayers filing jointly, and married taxpayers filing separately to utilize the current data retrieval tool to its full capacity. ``(2) Use of tax return in application process.--The Secretary shall continue to examine whether data provided by the Internal Revenue Service can be used to generate an expected family contribution without additional action on the part of the student and taxpayer. ``(3) Reports on fafsa simplification efforts.--Not less than once every other year, the Secretary shall report to the authorizing committees on the progress of the simplification efforts under this subsection. ``(4) Reports on fafsa access.--Not less than once every 10 years, the Secretary shall report to the authorizing committees on the needs of limited English proficient students using the FAFSA.''. (b) Funding.-- (1) Use of existing funds.--Of the amount authorized to be appropriated to the Department of Education to maintain the Free Application for Federal Student Aid, $3,000,000 shall be available to carry out this Act and the amendments made by this Act. (2) No additional funds authorized.--No funds are authorized by this Act to be appropriated to carry out this Act or the amendments made by this Act. Passed the House of Representatives July 11, 2016. Attest: KAREN L. HAAS, Clerk.

Simplifying the Application for Student Aid Act (Sec. 2) This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to require the Department of Education (ED) to use tax information from the second preceding tax year (the "prior, prior year") to determine a student's financial aid eligibility. It requires data sharing between ED and the Internal Revenue Service (IRS), pursuant to taxpayer consent. (Sec. 3) The bill revises the annual adjustment percentage calculation used to determine the total maximum Federal Pell Grant award by measuring inflation over the most recent fiscal year instead of calendar year. (Sec. 4) ED must develop and maintain a consumer-tested technology tool to allow a federal financial aid applicant to complete, save, and submit electronic forms (e.g., the Free Application for Federal Student Aid) using a mobile device. Additionally, ED must make every effort to allow applicants to utilize the existing IRS data tool to automatically populate the electronic forms with tax return information. ED must report to Congress on: (1) efforts to simplify the federal financial aid application process, and (2) the needs of limited English proficient students.

Simplifying the Application for Student Aid Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Transportation and Mobility Improvement Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) According to projections from the 2010 decennial census, the number of individuals in the United States who are 65 years of age or older will increase from 40,000,000 in 2010 to 72,000,000 in 2030. Yet, a 2004 report by the Surface Transportation Policy Project found that more than 1 in 5 (or 21 percent) of individuals who are 65 years of age or older do not drive. (2) According to a 2011 report by the National Association of Area Agencies on Aging, inadequate transportation options for older adults has emerged as the second greatest challenge identified by communities during the 5-year period ending in 2011. (3) According to a 2004 report by the Surface Transportation Policy Project, more than \1/2\ of seniors who are 65 years of age and older (numbering 3,600,000 individuals) who no longer drive due to a decline in health, stay at home on any given day partially because they lack transportation options. Alternatives to driving are particularly sparse in some regions and in rural and small town communities. (4) According to a 2004 report by the Surface Transportation Policy Project, compared with older drivers, older non-drivers in the United States make 15 percent fewer trips to the doctor, 59 percent fewer shopping trips, and 65 percent fewer trips for social, family, and religious activities. (5) In 2009, the program under section 5310 of title 49, United States Code, provided more than 43,000,000 rides to older adults and people with disabilities. (6) Access to mobility management services help transit and human services systems meet the needs of older adults and people with disabilities. This person-centered strategy helps individuals and families review available transportation options and support their decisions regarding the transportation options that are best suited to their circumstances, preferences and mobility needs. SEC. 3. PUBLIC TRANSPORTATION SERVICES FOR ELDERLY INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES. (a) Elderly Individuals and Individuals With Disabilities.-- (1) Use of funds.--Section 5310 of title 49, United States Code, is amended by adding at the end the following: ``(i) Operating Costs.-- ``(1) Definition.--In this subsection, the term `covered amounts' means, for a fiscal year, any amounts apportioned to a State under this section in excess of the amounts apportioned to the State under this section for fiscal year 2010. ``(2) Use of funds.--A State may use not more than 33 percent of any covered amounts for costs relating to the operation and maintenance of vehicles and other capital assets acquired by the State using funds under this section, including insurance, fuel, and driver compensation. ``(3) Federal share.--The Federal share of the cost of operation and maintenance carried out using funds under this subsection may not exceed 50 percent.''. (2) Additional requirements for grant recipients.--Section 5310(d) of title 49, United States Code, is amended by adding at the end the following: ``(3) Reporting requirements.--Each recipient of funding under this section shall submit to the Administrator of the Federal Transit Administration an annual report that describes how the recipient will coordinate, or is coordinating, the activities carried out by the recipient using a grant under this section with the activities, if any, carried out by the recipient using a grant under title III of the Older Americans Act of 1965 (42 U.S.C. 3021 et seq.).''. (3) Federal share.--Section 5310(c)(1)(B) of title 49, United States Code, is amended-- (A) by striking ``(B) Exception.--A State'' and inserting the following: ``(B) Exceptions.-- ``(i) Certain states.--A State''; and (B) by adding at the end the following: ``(ii) Mobility management.--A grant under this section for a capital project described in section 5302(a)(1)(L) shall be for 90 percent of the capital costs of the project, as determined by the Secretary.''. (b) National Transit Database.--Section 5335 of title 49, United States Code, is amended-- (1) in subsection (b), by striking ``section 5307 or 5311'' and inserting ``section 5307, 5310, or 5311''; and (2) by adding at the end the following: ``(c) Data Relating to Sections 5310 and 5311.--The reporting and uniform systems established under subsection (a) shall include information with respect to activities carried out using a grant under section 5310 or 5311, including, for each recipient of a grant under section 5310 or 5311 and for each State-- ``(1) the number of vehicles purchased; and ``(2) the number of rides provided.''. SEC. 4. METROPOLITAN AND STATEWIDE TRANSPORTATION PLANNING. (a) Metropolitan Transportation Planning.--Section 5303(i) of title 49, United States Code, is amended by adding at the end the following: ``(8) Participation by older individuals and people with disabilities.-- ``(A) Definitions.--In this paragraph, the terms `disability' and `older individual' have the same meanings as in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002). ``(B) Participation required.--In developing a transportation plan under this section, a metropolitan planning organization shall-- ``(i) ensure that organizations that represent older individuals and individuals with disabilities (including community action agencies, area agencies on aging, aging and disability resource centers, and other representatives of the aging and disability networks) have a reasonable opportunity to comment on the transportation plan and document the efforts of the metropolitan planning organization to solicit such comments; ``(ii) take into consideration any comments received under clause (i) and document how any such comments were taken into consideration in the development of the transportation plan; and ``(iii) give organizations that represent older individuals and individuals with disabilities (including community action agencies, area agencies on aging, aging and disability resource centers, and other representatives of the aging and disability networks) an opportunity to review and comment on the transportation plan before the transportation plan becomes final.''. (b) Statewide Transportation Planning.--Section 5304 of title 49, United States Code, is amended by adding at the end the following: ``(k) Participation by Older Individuals and People With Disabilities.-- ``(1) Definitions.--In this subsection, the terms `disability' and `older individual' have the same meanings as in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002). ``(2) Participation required.--In developing a statewide transportation plan or a statewide transportation improvement program under this section, a State shall-- ``(A) ensure that organizations that represent older individuals and individuals with disabilities have a reasonable opportunity to comment on the plan or program and document the efforts of the State to solicit such comments; ``(B) take into consideration any comments received under subparagraph (A) and document how any such comments were taken into consideration in the development of the plan or program; and ``(C) give organizations that represent older individuals and individuals with disabilities an opportunity to review and comment on the plan or program before the plan or program becomes final.''. SEC. 5. TECHNICAL ASSISTANCE AND MOBILITY MANAGEMENT. (a) Technical Assistance.-- (1) Definition.--For purposes of this subsection-- (A) the term ``eligible entity'' means a nonprofit organization that provides transportation services to older individuals; (B) the term ``older individual'' has the same meaning as in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002); and (C) the term ``urbanized area'' has the same meaning as in section 5302 of title 49, United States Code. (2) In general.--The Administrator of the Federal Transit Administration shall enter into a cooperative agreement with the National Center on Senior Transportation-- (A) to provide technical assistance to transit and human services organizations; (B) to disseminate best practices with respect to transportation for older individuals to consumers, Federal, State, and local transportation and aging services providers, and researchers; and (C) to make grants to eligible entities to test innovative and replicable approaches for addressing the mobility needs of older individuals, including individuals in other than urbanized areas. (3) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection-- (A) $5,500,000 for fiscal year 2012; and (B) $6,000,000 for fiscal year 2013. (b) Mobility Management Program.-- (1) In general.--The Federal Transit Administration shall make grants to nonprofit aging services organizations-- (A) to offer mobility management services, including mobility management activities and projects described in section 5302(a)(1)(L) of title 49, United States Code; and (B) to develop and implement enhanced technology to support mobility management services. (2) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection-- (A) $3,000,000 for fiscal year 2012; and (B) $5,000,000 for fiscal year 2013.

Senior Transportation and Mobility Improvement Act of 2011 - Amends the program providing formula grants to states for the special public transportation needs of older individuals and the disabled to allow states to use a portion of those grants to operate and maintain the capital assets acquired under that program. Sets the federal share of the costs of the mobility management activities such grants may cover at 90%. (Mobility management activities are designed to improve coordination among public and other transportation service providers.) Requires the National Transit Database to include information on the public transportation formula grant program for older individuals and the disabled, and the public transportation formula grant program for nonurban areas. Requires metropolitan planning organizations and states to involve older individuals and the disabled in metropolitan and statewide transportation planning. Directs the Administrator of the Federal Transit Administration (FTA) to enter into a cooperative agreement with the National Center on Senior Transportation to: (1) provide technical assistance to transit and human services organizations, (2) disseminate best practices regarding transportation for older individuals, and (3) make grants to nonprofit organizations to test innovative and replicable approaches for addressing the mobility needs of older individuals. Requires the FTA to make grants to nonprofit aging services organizations to offer mobility management services, and develop and implement enhanced technology to support those services.

A bill to amend title 49, United States Code, to improve transportation for seniors, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Minnesota National Treasures Conservation and Protection Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) Voyageurs National Park and the Boundary Waters Canoe Area Wilderness are special natural resources that offer a unique lakeland experience for the enjoyment and inspiration of present and future generations; (2) Voyageurs National Park and the Boundary Waters Canoe Area Wilderness are international, national, and Minnesota treasures worthy of national preservation and protection as a national park and a wilderness area; (3) Congress has expressed overwhelming support for the protection of these resources through their designation as a national park and wilderness area and by providing sustained funding to implement these landmark laws; (4) public acceptance and enthusiasm for the Boundary Waters Canoe Area Wilderness has established the area as the most widely used wilderness unit in the entire national wilderness preservation system; and (5) it is necessary and desirable to further provide for the orderly administration and management of public use and enjoyment of these national areas, while at the same time protecting the special qualities of the areas as a natural forest-lakeland wilderness ecosystem of major esthetic, cultural, scientific, recreational and educational value to the Nation. TITLE I--THE BOUNDARY WATERS CANOE AREA WILDERNESS PRESERVATION SEC. 101. BOUNDARY WATERS CANOE AREA WILDERNESS DESIGNATION AND MAP. Section 3 of Public Law 94-495 (16 U.S.C. 1132 note) is amended as follows-- (1) by amending the first sentence to read as follows: ``The areas generally depicted as wilderness on the map entitled `Boundary Waters Canoe Area Wilderness' and dated 1996, comprising approximately 1,101,000 acres, are hereby designated as the Boundary Waters Canoe Area Wilderness (hereinafter referred to as the `Wilderness').''; (2) by striking ``one year after the date of enactment of this Act'' and insert ``one year after the enactment of the Minnesota National Treasures Conservation and Protection Act''; and (3) by amending the third sentence to read as follows: ``Such map and description shall be filed with the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the United States Senate.''. SEC. 102. AMENDMENTS TO SECTION 4 OF PUBLIC LAW 95-495. Section 4 of Public Law 95-495 is amended as follows: (1) In subsection (c)(1), by striking ``Basswood, except that portion generally north of the narrows at the north end of Jackfish Bay and north of a point on the international boundary between Ottawa Island and Washington Island'' and inserting in lieu thereof: ``Pipestone Bay of Basswood and that portion of Jackfish Bay of Basswood generally south of the narrows at the north end of Jackfish Bay;''. (2) In subsection (d), by striking ``Loon Lake, Saint Louis County; that portion of the Lac La Croix, Saint Louis County, south of Snow Bay and east of Wilkins Bay.''. SEC. 103. AIRSPACE RESERVATION. The provisions of Executive Order 10092 shall be applicable to the areas depicted on the map referred to in section 101 of this Act. TITLE II--THE VOYAGEURS NATIONAL PARK PRESERVATION ACT SEC. 201. DESIGNATION OF WILDERNESS AREA. In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), land and waters of the Kabetogama Peninsula within Voyageurs National Park in the State of Minnesota, which comprise approximately 74,114 acres, as generally depicted on a map entitled ``Voyaguers National Park Wilderness'', numbered __________ and dated __________ are hereby designated as wilderness and shall be known as the ``Voyageurs National Park Wilderness''. SEC. 202. MAP AND LEGAL DESCRIPTION. As soon as practicable after enactment of this Act, a map and legal description of the wilderness area designated in section 201 shall be filed by the Secretary of the Interior with the Committee on Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. Such map and legal description shall have the same force and effect as if included in this Act, except that correction of clerical and typographical errors in such map and legal description may be made. Such map and legal description shall be on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior, and in the office of the Superintendent of Voyageurs National Park. SEC. 203. ADMINISTRATION. Subject to valid existing rights, the area designated as wilderness by section 201 shall be administered by the Secretary of the Interior in accordance with the applicable provisions of the Wilderness Act governing areas so designated. The Secretary shall continue to provide for the use of existing safety portages for snowmobiles, as depicted on the map referred to in section 201.

TABLE OF CONTENTS: Title I: The Boundary Waters Canoe Area Wilderness Preservation Title II: The Voyageurs National Park Preservation Act Minnesota National Treasures Conservation and Protection Act - Title I: The Boundary Waters Canoe Area Wilderness Preservation - Amends the Wilderness Act to designate the Boundary Waters Canoe Area Wilderness. Modifies the area within which the use of motorboats with motors no greater than 25 horsepower is permitted to include Pipestone Bay of Basswood and that portion of Jackfish Bay of Basswood generally south of the narrows at the north end of Jackfish Bay. Repeals a provision specifying that nothing in such law shall be construed to limit mechanical portages or the horsepower of motors used on motorboats on Loon Lake, Saint Louis County, and that portion of the Lac La Croix, Saint Louis County, south of Snow Bay and east of Wilkins Bay. Makes the provisions of an executive order establishing an airspace reservation over certain areas of the Superior National Forest, Minnesota, applicable to the Boundary Waters Canoe Area Wilderness. Title II: The Voyageurs National Park Preservation Act - Designates the Voyageurs National Park Wilderness. Directs that such Wilderness, subject to valid existing rights, be administered by the Secretary of the Interior in accordance with applicable provisions of the Wilderness Act. Requires the Secretary to continue to provide for the use of existing safety portages for snowmobiles.

Minnesota National Treasures Conservation and Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Aviation and Flight Enhancement Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) Since 1996, eight major commercial air accidents have occurred in which the immediate cause was unknown and recovery of flight data and cockpit voice recorder units (``black boxes'') was significantly delayed. On average, it has taken investigators 8 days to recover flight data recorders and 15 days to recover cockpit voice recorders from the wreckage of these accidents. (2) Failure to recover the flight data and cockpit voice recorder units aboard the commercial aircraft involved in the events of September 11, 2001, demonstrated that fixed recorder technology is not adequate. (3) The 9/11 Commission staff recommendations state that the Transportation Security Administration (referred to in this Act as ``TSA'') and Federal Aviation Administration (referred to in this Act as ``FAA'') should take steps to improve the survivability of flight data recorders and cockpit voice recorders to ensure that complete and reliable information is available to investigators in the aftermath of a terrorist attack. (4) The thwarted August 10, 2006, terrorist bombing attempt, which threatened multiple aircraft en route from the United Kingdom to the United States, demonstrates that continued threats to commercial airliners, particularly to those aircraft operating long-distance flights over ocean waters, remain a national security concern. (5) The recent FAA ruling to increase the allowable distance that extended-operation multiengine aircraft (known as ETOPs) can travel from an emergency or diversion airport increases the potential for more difficult location and recovery of fixed flight data and cockpit voice recorder units. (6) It is in the public interest that aircraft be equipped with recorder units that can be recovered immediately after an incident involving an aircraft. SEC. 3. REGULATIONS REQUIRING DEPLOYABLE RECORDERS AND OTHER PURPOSES. (a) In General.--Chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 44729. Installation of additional flight recorders ``(a) Regulations.-- ``(1) In general.--Not later than 90 days after the date of enactment of this section, the Secretary of Transportation shall issue regulations that require in accordance with this section all commercial aircraft in extended-range operations that are required to carry fixed cockpit voice recorder and digital flight data recorder units also be equipped with a second recorder system that utilizes deployable combination cockpit voice and digital flight data recorder technology. The second deployable recorder system shall be mounted as far rear on the airframe as practicable. ``(2) Minimum capabilities.--The deployable recorder system shall be-- ``(A) capable of recording all mandatory data parameters covering the previous 25 hours of operation and all cockpit audio, including controller-pilot data link messages for the previous 2 hours of operation; ``(B) powered by the electrical bus to provide the maximum reliability for operation without jeopardizing service to essential or emergency loads; and ``(C) provided with an independent power source that is located with the combination recorder and that automatically engages and provides 10 minutes of operation whenever normal aircraft power ceases. ``(b) Schedule for Installation of Second Combined System.--The regulations shall require the installation of the deployable combination recorder system required under this section on commercial aircraft that are ordered by an air carrier on or after January 1, 2009. ``(c) Definitions.--In this section, the following definitions apply: ``(1) Commercial aircraft.--The term `commercial aircraft' means-- ``(A) a jet aircraft with 10 or more seats or greater than 12,500-pound maximum takeoff weight; and ``(B) a propeller-driven aircraft with greater than 19 seats or greater than 19,000-pound maximum takeoff weight. ``(2) Deployable recorder system.--The term `deployable recorder system' means a digital flight data recorder, cockpit voice recorder, and emergency locator transmitter housed as one unit within an assembly that is designed to be mounted conformal to the surface of the airframe, to eject from the aircraft upon accident and safely land away from the crash site, and to float indefinitely on water. ``(3) Extended-range operations.--The term `extended-range operations' means commercial aircraft operations in compliance with the Federal Aviation Administration's extended operations (ETOPs) of multiengine airplanes rule (RIN 2120-A103) permitting multiengine, aircraft described in parts 121 and 135 of title 14, Code of Federal Regulations, to fly up to 240 minutes of single-engine flying time from an adequate airport.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``44729. Installation of additional flight recorders.''. SEC. 4. PURCHASE OF DEPLOYABLE RECORDER SYSTEMS. (a) In General.--The Secretary of Transportation shall reimburse an air carrier (as defined in section 40102 of title 49, United States Code) for the costs of purchasing and installing deployable recorder systems, including engineering, certification, equipment, and installation costs, in order for the air carrier to comply with the regulations issued under section 44729 of such title. (b) Reasonable Amount.--Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall issue regulations that set forth what constitutes a reasonable amount for reimbursement under subsection (a).

Safe Aviation and Flight Enhancement Act of 2007 - Amends federal transportation law to direct the Secretary of Transportation to issue regulations requiring all commercial aircraft in extended-range operations that must carry fixed cockpit voice recorder and digital flight data recorder units to also be equipped with a second recorder system that utilizes deployable combination cockpit voice and digital flight data recording technology. Requires the second deployable recorder system to be mounted as far rear on the airframe as practicable. Sets forth minimum deployable recorder capabilities. Directs the Secretary to reimburse an air carrier for the costs of purchasing and installing such deployable recorder systems for it to comply with regulations.

To direct the Secretary of Transportation to issue a regulation requiring the installation of a second cockpit voice recorder and digital flight data recorder system that utilizes combination deployable recorder technology in certain commercial passenger aircraft.

SECTION 1. DEFINITIONS. In this Act, the following definitions apply: (1) Coastal louisiana ecosystem.--The term ``coastal Louisiana ecosystem'' means the coastal area of Louisiana from the Sabine River on the west and the Pearl River on the east, including those parts of the Deltaic Plain and the Chenier Plain included within the study area of the Plan. (2) Governor.--The term ``Governor'' means the Governor of the State of Louisiana. (3) Plan.--The term ``Plan'' means the report of the Chief of Engineers for ecosystem restoration for the Louisiana Coastal Area dated January 31, 2005. (4) Task force.--The term ``Task Force'' means the Coastal Louisiana Ecosystem Protection and Restoration Task Force established by section 3. SEC. 2. ADDITIONAL REPORTS. (a) Mississippi River Gulf Outlet.--Not later than one year after the date of enactment of this Act, the Secretary of the Army shall submit to Congress a report recommending modifications to the Mississippi River Gulf Outlet to address navigation, salt water intrusion, channel bank erosion, mitigation, and threats to life and property. (b) Barataria-Terrebone Estuary.--Not later than July 1, 2006, the Secretary shall submit to Congress a report recommending a plan to restore the Barataria-Terrebonne Estuary, Louisiana. (c) Chenier Plain.--Not later than July 1, 2006, the Secretary shall submit to Congress a report recommending near-term ecosystem restoration measures for the Chenier Plain, Louisiana. (d) Long-Term Plan.-- (1) Comprehensive framework.--Not later than one year after the date of enactment of this section, the Secretary shall submit to Congress a recommended framework for developing a long-term program that provides for the comprehensive protection, conservation, and restoration of the wetlands, estuaries, barrier islands, and related land and features that protect critical resources, habitat, and infrastructure in the coastal Louisiana ecosystem from the impacts of coastal storms, hurricanes, erosion, and subsidence. (2) Consideration.--In developing the recommended framework, the Secretary shall consider integrating other Federal or State projects or activities within the coastal Louisiana ecosystem into the long-term restoration program. (3) Comprehensive plan.-- (A) Deadline.--Not later than five years after the date of enactment of this Act, the Secretary shall submit to Congress a feasibility study recommending a comprehensive, long-term, plan for the protection, conservation, and restoration of the coastal Louisiana ecosystem. (B) Integration.--The comprehensive, long-term, plan shall include recommendations for the integration of ongoing Federal and State projects and activities, including projects and activities being carried out under the Coastal Wetlands Planning, Protection and Restoration Act (16 U.S.C. 3951 et seq.), the Louisiana coastal wetlands conservation plan, the Louisiana coastal zone management plan, and the plan of the State of Louisiana entitled ``Coast 2050: Toward a Sustainable Coastal Louisiana''. SEC. 3. COASTAL LOUISIANA ECOSYSTEM PROTECTION AND RESTORATION TASK FORCE. (a) Establishment and Membership.--There is established the Coastal Louisiana Ecosystem Protection and Restoration Task Force, which shall consist of the following members (or, in the case of the head of a Federal agency, a designee at the level of Assistant Secretary or an equivalent level): (1) The Secretary of the Army. (2) The Secretary of the Interior. (3) The Secretary of Commerce. (4) The Administrator of the Environmental Protection Agency. (5) The Secretary of Agriculture. (6) The Secretary of Transportation. (7) The Secretary of Energy. (8) The Director of the Federal Emergency Management Agency. (9) The Commandant of the Coast Guard. (10) The Coastal Advisor to the Governor. (11) The Secretary of the Louisiana Department of Natural Resources. (12) A representative of the Louisiana Governor's Advisory Commission on Coastal Restoration and Conservation. (b) Duties of Task Force.--The Task Force shall-- (1) make recommendations to the Secretary of the Army regarding policies, strategies, plans, programs, projects, and activities for addressing protection, conservation, and restoration of the coastal Louisiana ecosystem; (2) prepare financial plans for each of the agencies represented on the Task Force for funds proposed for the protection, conservation, and restoration of the coastal Louisiana ecosystem under authorities of each agency, including-- (A) recommendations that identify funds from current agency missions and budgets; and (B) recommendations for coordinating individual agency budget requests; and (3) submit to Congress a biennial report that summarizes the activities of the Task Force and progress towards the purposes set forth in section 2(d)(1). (c) Procedures and Advice.--The Task Force shall-- (1) implement procedures to facilitate public participation with regard to Task Force activities, including-- (A) providing advance notice of meetings; (B) providing adequate opportunity for public input and comment; (C) maintaining appropriate records; and (D) making a record of proceedings available for public inspection; and (2) establish such working groups as are necessary to assist the Task Force in carrying out its duties. (d) Compensation.--Members of the Task Force or any associated working group may not receive compensation for their services as members of the Task Force or working group. (e) Travel Expenses.--Travel expenses incurred by members of the Task Force, or members of an associated working group, in the performance of their service on the Task Force or working group shall be paid by the agency or entity that the member represents. SEC. 4. INVESTIGATIONS. (a) In General.--The Secretary of the Army shall conduct feasibility studies for future authorization and large-scale studies substantially in accordance with the Plan at a total cost $130,000,000. (b) Existing Federally Authorized Water Resources Projects.-- (1) In general.--The Secretary shall review existing federally authorized water resources projects in the coastal Louisiana ecosystem in order to determine their consistency with the purposes of this section and whether the projects have the potential to contribute to ecosystem restoration through revised operations or modified project features. (2) Funding.--There is authorized to be appropriated $10,000,000 to carry out this subsection. SEC. 5. CONSTRUCTION. (a) Coastal Louisiana Ecosystem Program.-- (1) In general.--The Secretary of the Army shall carry out a coastal Louisiana ecosystem program substantially in accordance with the Plan, at a total cost of $50,000,000. (2) Objectives.--The objectives of the program shall be to-- (A) identify uncertainties about the physical, chemical, geological, biological, and cultural baseline conditions in the coastal Louisiana ecosystem; (B) improve the State of knowledge of the physical, chemical, geological, biological, and cultural baseline conditions in the coastal Louisiana ecosystem; and (C) identify and develop technologies, models, and methods that could be useful in carrying out the purposes of this Act. (3) Working groups.--The Secretary may establish such working groups as are necessary to assist in carrying out this subsection. (4) Procedures and advice.--In carrying out this subsection, the Secretary is authorized to enter into contracts and cooperative agreements with scientific and engineering experts in the restoration of aquatic and marine ecosystems, including a consortium of academic institutions in Louisiana and Mississippi for coastal restoration and enhancement through science and technology. (b) Demonstration Projects.-- (1) In general.--Subject to paragraphs (2) and (3), the Secretary may carry out projects substantially in accordance with the Plan for the purpose of resolving critical areas of scientific or technological uncertainty related to the implementation of the comprehensive plan to be developed under section 2(d)(3). (2) Maximum cost.-- (A) Total cost.--The total cost for planning, design, and construction of all demonstration projects under this subsection shall not exceed $100,000,000. (B) Individual project.--The total cost of an individual demonstration project under this subsection shall not exceed $25,000,000. (c) Initial Projects.--The Secretary is authorized to carry out the following projects substantially in accordance with the Plan: (1) Mississippi River Gulf Outlet Environmental Restoration at a total cost of $105,300,000. (2) Small Diversion at Hope Canal at a total cost of $68,600,000. (3) Barataria Basin Barrier Shoreline Restoration at a total cost of $242,600,000. (4) Small Bayou Lafourche Reintroduction at a total cost of $133,500,000. (5) Medium Diversion at Myrtle Grove with Dedicated Dredging at a total cost of $278,300,000. (d) Beneficial Use of Dredged Material.--The Secretary shall implement in the coastal Louisiana ecosystem substantially in accordance with the Plan a program for the beneficial use of material dredged from federally maintained waterways at a total cost of $100,000,000. SEC. 6. NON-FEDERAL COST SHARE. (a) Credit.--The Secretary of the Army shall credit toward the non- Federal share of the cost of a project authorized by section 5(c) the cost of work carried out in the coastal Louisiana ecosystem by the non- Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project. (b) Treatment of Credit Between Projects.--Any credit provided under this section toward the non-Federal share of the cost of a project authorized by section 5(c) may be applied toward the non- Federal share of the cost of any other project authorized by section 5(c). (c) Periodic Monitoring.-- (1) In general.--To ensure that the contributions of the non-Federal interest equal the non-Federal share of the cost of a project authorized by section 5(c), during each 5-year period beginning after the date of commencement of construction of the first project under section 5(c), the Secretary shall-- (A) monitor the non-Federal provision for each project authorized by section 5(c) of cash, in-kind services and materials, and land, easements, rights-of- way, relocations, and disposal areas; and (B) manage, to the extent practicable, the requirement of the non-Federal interest to provide for each such project cash, in-kind services and materials, and land, easements, rights-of-way, relocations, and disposal areas. (2) Other monitoring.--The Secretary shall conduct monitoring separately for the construction phase, the preconstruction engineering and design phase, and the planning phase for each project authorized on or after date of enactment of this Act for all or any portion of the coastal Louisiana ecosystem (including each project authorized by section 5(c)). (d) Audits.--Credit for land, easements, rights-of-way, relocations, and disposal areas (including land value and incidental costs) provided under this section, and the cost of work provided under this section, shall be subject to audit by the Secretary. SEC. 7. PROJECT JUSTIFICATION. (a) In General.--Notwithstanding section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962-2) or any other provision of law, in carrying out any project or activity authorized by or under this Act or any other provision of law to protect, conserve, and restore the coastal Louisiana ecosystem, the Secretary of the Army may determine that-- (1) the project or activity is justified by the environmental benefits derived by the coastal Louisiana ecosystem; and (2) no further economic justification for the project or activity is required if the Secretary determines that the project or activity is cost effective. (b) Limitation on Applicability.--Subsection (a) shall not apply to any separable element intended to produce benefits that are predominantly unrelated to the protection, conservation, and restoration of the coastal Louisiana ecosystem. SEC. 8. STATUTORY CONSTRUCTION. (a) Existing Authority.--Except as otherwise provided in this Act, nothing in this Act affects any authority in effect on the date of enactment of this Act, or any requirement relating to the participation in protection, conservation, and restoration projects and activities in the coastal Louisiana ecosystem, including projects and activities referred to in subsection (a) of-- (1) the Department of the Army; (2) the Department of the Interior; (3) the Department of Commerce; (4) the Environmental Protection Agency; (5) the Department of Agriculture; (6) the Department of Transportation; (7) the Department of Energy; (8) the Federal Emergency Management Agency; (9) the Coast Guard; and (10) the State of Louisiana. (b) New Authority.--Nothing in this Act confers any new regulatory authority on any Federal or non-Federal entity that carries out any project or activity authorized by or under this Act.

Directs the Secretary of the Army to submit to Congress: (1) a report recommending modifications to the Mississippi River Gulf Outlet to address navigation, salt water intrusion, channel bank erosion, mitigation, and threats to life and property; (2) a report recommending a plan to restore the Barataria-Terrebonne Estuary, Louisiana; (3) a report recommending near-term ecosystem restoration measures for the Chenier Plain, Louisiana; (4) a recommended framework for developing a long-term program for the protection, conservation, and restoration of the wetlands, estuaries, barrier islands, and related land and features that protect critical resources, habitat, and infrastructure in the coastal Louisiana ecosystem from the impacts of coastal storms, hurricanes, erosion, and subsidence; and (5) a feasibility study recommending a comprehensive, long-term plan for the protection, conservation, and restoration of the coastal Louisiana ecosystem. Establishes the Coastal Louisiana Ecosystem Protection and Restoration Task Force. Directs the Secretary to carry out, in accordance with the Plan of the Chief of Engineers for ecosystem restoration for the Louisiana Coastal Area dated January 31, 2005, a coastal Louisiana ecosystem program to identify uncertainties about, and to improve state knowledge of, the physical, chemical, geological, biological, and cultural baseline conditions in the coastal Louisiana ecosystem.

To provide protection, conservation, and restoration of the wetlands, estuaries, barrier islands, and related land and features in the Louisiana coastal area, and for other purposes.

SECTION 1. COMMUNITY COLLEGE CAPACITY-BUILDING GRANT PROGRAM. Title III of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.) is amended-- (1) by redesignating part F as part G; and (2) by inserting after part E the following: ``PART F--COMMUNITY COLLEGES ``SEC. 371. COMMUNITY COLLEGE CAPACITY-BUILDING GRANT PROGRAM. ``(a) Program Authorized.-- ``(1) In general.--From amounts appropriated under section 399(a)(6) for a fiscal year, the Secretary shall award grants to eligible entities, on a competitive basis, for the purpose of building capacity at community colleges to meet the increased demand for community colleges while maintaining the affordable tuition rates and the open-door policy that are the hallmarks of the community college system. ``(2) Duration.--Grants awarded under this section shall be for a period not to exceed 3 years. ``(b) Definitions.--In this section: ``(1) Community college.--The term `community college' means a public institution of higher education (as defined in section 101(a)) whose highest degree awarded is predominantly the associate degree. ``(2) Eligible entity.--The term `eligible entity' means a community college, or a consortium of 2 or more community colleges, that demonstrates capacity challenges at not less than 1 of the community colleges in the eligible entity, such as-- ``(A) an identified workforce shortage in the community served by the community college that will be addressed by increased enrollment at the community college; ``(B) a wait list for a class or for a degree or a certificate program; ``(C) a faculty shortage; ``(D) a significant enrollment growth; ``(E) a significant projected enrollment growth; ``(F) an increase in the student-faculty ratio; ``(G) a shortage of laboratory space or equipment; ``(H) a shortage of computer equipment and technology; ``(I) out-of-date computer equipment and technology; ``(J) a decrease in State or county funding or a related budget shortfall; or ``(K) another demonstrated capacity shortfall. ``(c) Application.--Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require by regulation. ``(d) Award Basis.--In awarding grants under subsection (a), the Secretary shall take into consideration-- ``(1) the relative need for assistance under this section of the community colleges; ``(2) the probable impact and overall quality of the proposed activities on the capacity problem of the community college; ``(3) providing an equitable geographic distribution of grant funds under this section throughout the United States and among urban, suburban, and rural areas of the United States; and ``(4) providing an equitable distribution among small, medium, and large community colleges. ``(e) Use of Funds.--Grant funds provided under subsection (a) may be used for activities that expand community college capacity, including-- ``(1) the construction, maintenance, renovation, and improvement of classroom, library, laboratory, and other instructional facilities; ``(2) the purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional research purposes; ``(3) the development, improvement, or expansion of technology; ``(4) preparation and professional development of faculty; ``(5) recruitment, hiring, and retention of faculty; ``(6) curriculum development and academic instruction; ``(7) the purchase of library books, periodicals, and other educational materials, including telecommunications program material; ``(8) the joint use of facilities, such as laboratories and libraries; or ``(9) the development of partnerships with local businesses to increase community college capacity. ``SEC. 372. APPLICABILITY. ``The provisions of part G (other than section 399) shall not apply to this part.''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 399(a) of the Higher Education Act of 1965 (20 U.S.C. 1068h(a)) is amended by adding at the end the following: ``(6) Part f.--There are authorized to be appropriated to carry out part F, $500,000,000 for fiscal year 2006, and such sums as may be necessary for each of the 4 succeeding fiscal years.''.

Amends the Higher Education Act of 1965 to establish a community college capacity-building grant program. Directs the Secretary of Education to award such grants, on a competitive basis, to individual community colleges or consortia of community colleges to meet capacity challenges.

A bill to build capacity at community colleges in order to meet increased demand for community college education while maintaining the affordable tuition rates and the open-door policy that are the hallmarks of the community college system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Environmental Education Amendments Act of 1996''. SEC. 2. OFFICE OF ENVIRONMENTAL EDUCATION. Section 4 of the National Environmental Education Act (20 U.S.C. 5503) is amended-- (1) in subsection (b)-- (A) in paragraph (1) by inserting after ``support'' the following: ``balanced and scientifically sound''; (B) by striking paragraph (6); (C) by redesignating paragraphs (7) through (13) as paragraphs (6) through (12), respectively; and (D) in paragraph (12) (as so redesignated), by inserting before the period the following: ``through the headquarters and the regional offices of the Agency''; and (2) by striking subsection (c) and inserting the following: ``(c) Staff.--The Office of Environmental Education shall-- ``(1) include a headquarters staff of not more than 10 full-time equivalent employees; and ``(2) be supported by 1 full-time equivalent employee in each Agency regional office. ``(d) Activities.--The Administrator may carry out the activities specified in subsection (b) directly or through awards of grants, cooperative agreements, or contracts.''. SEC. 3. ENVIRONMENTAL EDUCATION GRANTS. Section 6 of the National Environmental Education Act (20 U.S.C. 5505) is amended-- (1) in the second sentence of subsection (i), by striking ``25 percent'' and inserting ``15 percent''; and (2) by adding at the end the following: ``(j) Lobbying Activities.--A grant under this section may not be used to fund a lobbying activity (as described in the documents issued by the Office of Management and Budget and designated as OMB Circulars No. A-21 and No. A-122).''. SEC. 4. ENVIRONMENTAL INTERNSHIPS AND FELLOWSHIPS. (a) In General.--The National Environmental Education Act is amended-- (1) by striking section 7 (20 U.S.C. 5506); and (2) by redesignating sections 8 through 11 (20 U.S.C. 5507 through 5510) as sections 7 through 10, respectively. (b) Conforming Amendments.--The National Environmental Education Act is amended-- (1) in the table of contents in section 1(b) (20 U.S.C. prec. 5501)-- (A) by striking the item relating to section 7; and (B) by redesignating the to sections 8 through 11 as items relating to sections 7 through 10, respectively; (2) in section 4(b) (20 U.S.C. 5503(b))-- (A) in paragraph (6) (as redesignated by section 2(1)(C)), by striking ``section 8 of this Act'' and inserting ``section 7''; and (B) in paragraph (7) (as so redesignated), by striking ``section 9 of this Act'' and inserting ``section 8''; (3) in section 6(c)(3) (20 U.S.C. 5505(c)(3)), by striking ``section 9(d) of this Act'' and inserting ``section 8(d)''; (4) in the matter preceding subsection (c)(3)(A) of section 9 (as redesignated by subsection (a)(2)), by striking ``section 10(a) of this Act'' and inserting ``subsection (a)''; and (5) in subsection (c)(2) of section 10 (as redesignated by subsection (a)(2)), by striking ``section 10(d) of this Act'' and inserting ``section 9(d)''. SEC. 5. NATIONAL EDUCATION AWARDS. Section 7 of the National Environmental Education Act (as redesignated by section 4(a)(2)) is amended to read as follows: ``SEC. 7. NATIONAL EDUCATION AWARDS. ``The Administrator may provide for awards to be known as the `President's Environmental Youth Awards' to be given to young people in grades kindergarten through 12 for outstanding projects to promote local environmental awareness.''. SEC. 6. ENVIRONMENTAL EDUCATION ADVISORY COUNCIL AND TASK FORCE. Section 8 of the National Environmental Education Act (as redesignated by section 4(a)(2)) is amended-- (1) in subsection (b)(2), by striking the first and second sentences and inserting the following: ``The Advisory Council shall consist of not more than 11 members appointed by the Administrator after consultation with the Secretary. To the extent practicable, the Administrator shall appoint to the Advisory Council at least 1 representative from each of the following sectors: primary and secondary education; colleges and universities; not-for-profit organizations involved in environmental education; State departments of education and natural resources; business and industry; and senior Americans.''; (2) in subsection (c), by striking paragraph (2) and inserting the following: ``(2) Membership.--Membership on the Task Force shall be open to representatives of any Federal agency actively engaged in environmental education.''; and (3) in subsection (d), by striking paragraph (1) and inserting the following: ``(1) Biennial meetings.--The Advisory Council shall hold a biennial meeting on timely issues regarding environmental education and issue a report and recommendations on the proceedings of the meeting.''. SEC. 7. NATIONAL ENVIRONMENTAL EDUCATION AND TRAINING FOUNDATION. (a) Change in Name.-- (1) In general.--The first sentence of subsection (a)(1)(A) of section 9 of the National Environmental Education Act (as redesignated by section 4(a)(2)) is amended by striking ``National Environmental Education and Training Foundation'' and inserting ``Foundation for Environmental Education''. (2) Conforming amendments.--The National Environmental Education Act (20 U.S.C. 5501 et seq.) is amended-- (A) in the item relating to section 9 (as redesignated by section 4(b)(1)(B)) of the table of contents in section 1(b) (20 U.S.C. prec. 5501), by striking ``National Environmental Education Training Foundation'' and inserting ``Foundation for Environmental Education''; (B) in section 3 (20 U.S.C. 5502)-- (i) by striking paragraph (12) and inserting the following: ``(12) Foundation.--`Foundation' means the Foundation for Environmental Education established by section 9; and''; and (ii) in paragraph (13), by striking ``National Environmental Education and Training Foundation'' and inserting ``Foundation for Environmental Education''; (C) in the heading of section 9 (as redesignated by section 4(a)(2)), by striking ``national environmental education and training foundation'' and inserting ``foundation for environmental education''; and (D) in subsection (c) of section 10 (as redesignated by section 4(a)(2)), by striking ``National Environmental Education and Training Foundation'' and inserting ``Foundation for Environmental Education''. (b) Board of Directors; Number of Directors.--The first sentence of subsection (b)(1)(A) of section 9 of the National Environmental Education Act (as redesignated by section 4(a)(2)) is amended by striking ``13'' and inserting ``19''. (c) Conditions of Donations.--Section 9 of the National Environmental Education Act (as redesignated by section 4(a)(2)) is amended in subsection (d) by striking paragraph (3). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Section 10 of the National Environmental Education Act (as redesignated by section 4(a)(2)) is amended by striking subsections (a) and (b) and inserting the following: ``(a) In General.--There are authorized to be appropriated to the Environmental Protection Agency to carry out this Act-- ``(1) $10,000,000 for each of fiscal years 1997, 1998, 1999, 2000, 2001, and 2002; and ``(2) such sums as are necessary for each of fiscal years 2003 through 2007. ``(b) Limitations.-- ``(1) In general.--Subject to paragraph (2), of the amounts appropriated under subsection (a) for a fiscal year-- ``(A) not more than 25 percent may be used for the activities of the Office of Environmental Education; ``(B) not more than 25 percent may be used for the operation of the environmental education and training program; ``(C) not less than 40 percent shall be used for environmental education grants; and ``(D) 10 percent shall be used for the Foundation for Environmental Education. ``(2) Administrative expenses.--Of the amounts made available under paragraph (1) for a fiscal year for the activities of the Office of Environmental Education, not more than 25 percent may be used for administrative expenses.''. SEC. 9. EFFECTIVE DATE. The amendments made by this Act shall take effect as of the later of-- (1) October 1, 1996; or (2) the date of enactment of this Act.

National Environmental Education Amendments Act of 1996 - Amends the National Environmental Education Act to require development of curricula, materials, and training programs supported by the Environmental Protection Agency's (EPA) Office of Environmental Education to be balanced and scientifically sound. Requires that implementation of the Act be through EPA. Eliminates requirements for a Director and a minimum number of staff. Allows activities to be carried out through grants, cooperative agreements, or contracts. Reduces the percentage of funds to be obligated for environmental education grants of not more than $5,000. Prohibits use of grants for certain lobbying activities. Eliminates provisions for environmental internships and fellowships. Eliminates all environmental education awards provided for under such Act, except the President's Environmental Youth Awards. Revises requirements for membership on the National Environmental Education Advisory Council. Revises requirements for membership on the Federal Task Force on Environmental Education to require that it be open to representatives of any Federal agency actively engaged in environmental education. (Under current law, membership must include specified agency representatives.) Eliminates specific requirements for contents of Advisory Council reports. Changes the name of the National Environmental Education and Training Foundation to the Foundation for Environmental Education. Increases the size of the Board of the Directors. Removes the prohibition on the transmission of logos or other means of identification on materials donated to the Foundation for environmental education and training use. Authorizes appropriations. Revises funding limitations. Limits amounts available for administrative costs.

National Environmental Education Amendments Act of 1996

SECTION 1. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF- DETERMINATION PROGRAM. (a) Secure Payments for States and Counties Containing Federal Land.-- (1) Definitions.--Section 3(11) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 710 2) is amended-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C)-- (i) by striking ``fiscal year 2012 and each fiscal year thereafter'' and inserting ``each of fiscal years 2012 through 2015''; and (ii) by striking ``year.'' and inserting ``year; and''; and (C) by adding at the end the following: ``(D) for each of fiscal years 2016 through 2021, the amount that is equal to the full funding amount for fiscal year 2011.''. (2) Calculation of payments.--Section 101 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7111) is amended by striking ``2015'' each place it appears and inserting ``2021''. (3) Elections.--Section 102(b) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112(b)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``August 1, 2013 (or as soon thereafter as the Secretary concerned determines is practicable), and August 1 of each second fiscal year thereafter'' and inserting ``August 1 of each fiscal year (or a later date specified by the Secretary concerned for the fiscal year)''; and (ii) by adding at the end the following: ``(D) Payment for fiscal years 2016 through 2021.-- A county election otherwise required by subparagraph (A) shall not apply for fiscal years 2016 through 2021 if the county elects to receive a share of the State payment or the county payment in 2013.''; and (B) in paragraph (2)(B)-- (i) by inserting ``or any subsequent year'' after ``2013''; and (ii) by striking ``2015'' and inserting ``2021''. (4) Election as to use of balance.--Section 102(d)(1) of the Secure Rural Schools and Community Self Determination Act of 2000 (16 U.S.C. 7112(d)(1)) is amended-- (A) in subparagraph (B)(ii), by striking ``not more than 7 percent of the total share for the eligible county of the State payment or the county payment'' and inserting ``any portion of the balance''; and (B) by striking subparagraph (C) and inserting the following: ``(C) Counties with major distributions.--In the case of each eligible county to which $350,000 or more is distributed for any fiscal year pursuant to either or both of paragraphs (1)(B) and (2)(B) of subsection (a), the eligible county shall elect to do 1 or more of the following with the balance of any funds not expended pursuant to subparagraph (A): ``(i) Reserve any portion of the balance for projects in accordance with title II. ``(ii) Reserve not more than 7 percent of the total share for the eligible county of the State payment or the county payment for projects in accordance with title III. ``(iii) Return to the Treasury of the United States the portion of the balance not reserved under clauses (i) and (ii).''. (5) Failure to elect.--Section 102(d)(3)(B)(ii) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112(d)(3)(B)(ii)) is amended by striking ``purpose described in section 202(b)'' and inserting ``purposes described in section 202(b), section 203(c), or section 204(a)(5)''. (6) Distribution of payments to eligible counties.--Section 103(d)(2) of the Secure Rural Schools and Community Self- Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended by striking ``2015'' and inserting ``2021''. (b) Continuation of Authority To Conduct Special Projects on Federal Land.-- (1) Pilot program.--Section 204(e) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7124(e)) is amended by striking paragraph (3). (2) Availability of project funds.--Section 207(d)(2) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7127(d)(2)) is amended by striking ``subparagraph (B)'' and inserting ``subparagraph (B)(i)''. (3) Termination of authority.--Section 208 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7128) is amended-- (A) in subsection (a), by striking ``2017'' and inserting ``2023''; and (B) in subsection (b), by striking ``2018'' and inserting ``2024''. (c) Continuation of Authority To Use County Funds.-- (1) Funding for search and rescue.--Section 302(a) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7142(a)) is amended by striking paragraph (2) and inserting the following: ``(2) to reimburse the participating county or sheriff for amounts paid for by the participating county or sheriff, as applicable, for-- ``(A) search and rescue and other emergency services, including firefighting, that are performed on Federal land; and ``(B) emergency response vehicles or aircraft but only in the amount attributable to the use of the vehicles or aircraft to provide the services described in subparagraph (A).''. (2) Termination of authority.--Section 304 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7144) is amended-- (A) in subsection (a), by striking ``2017'' and inserting ``2023''; and (B) in subsection (b), by striking ``2018'' and inserting ``2024''. (d) No Reduction in Payment.--Title IV of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7151 et seq.) is amended by adding at the end the following: ``SEC. 404. NO REDUCTION IN PAYMENTS. ``Payments under this Act for fiscal year 2016 and each fiscal year thereafter shall be exempt from direct spending reductions under section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a).''. SEC. 2. RESTORING MANDATORY FUNDING STATUS TO THE PAYMENT IN LIEU OF TAXES PROGRAM. Section 6906 of title 31, United States Code, is amended in the matter preceding paragraph (1), by striking ``of fiscal years 2008 through 2014'' and inserting ``fiscal year''. SEC. 3. PERMANENT AUTHORIZATION AND FULL FUNDING OF THE LAND AND WATER CONSERVATION FUND. (a) Authorization.--Section 200302 of title 54, United States Code, is amended-- (1) in subsection (b), in the matter preceding paragraph (1), by striking ``During the period ending September 30, 2015, there'' and inserting ``There''; and (2) in subsection (c)(1), by striking ``through September 30, 2015''. (b) Full Funding.-- (1) In general.--Section 200303 of title 54, United States Code, is amended to read as follows: ``Sec. 200303. Availability of funds ``(a) In General.--Amounts deposited in the Fund under section 200302 shall be made available for expenditure, without further appropriation or fiscal year limitation, to carry out the purposes of the Fund (including accounts and programs made available from the Fund under the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113-235; 128 Stat. 2130)). ``(b) Additional Amounts.--Amounts made available under subsection (a) shall be in addition to amounts made available to the Fund under section 105 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) or otherwise appropriated from the Fund. ``(c) Allocation Authority.-- ``(1) Submission of cost estimates.--The President shall submit to Congress detailed account, program, and project allocations to be funded under subsection (a) as part of the annual budget submission of the President. ``(2) Alternate allocation.-- ``(A) In general.--Appropriations Acts may provide for alternate allocation of amounts made available under subsection (a), including allocations by account and program. ``(B) Allocation by president.-- ``(i) No alternate allocations.--If Congress has not enacted legislation establishing alternate allocations by the date that is 120 days after the date on which the applicable fiscal year begins, amounts made available under subsection (a) shall be allocated by the President. ``(ii) Insufficient alternate allocation.-- If Congress enacts legislation establishing alternate allocations for amounts made available under subsection (a) that are less than the full amount appropriated under that subsection, the difference between the amount appropriated and the alternate allocation shall be allocated by the President. ``(3) Annual report.--The President shall submit to Congress an annual report that describes the final allocation by account, program, and project of amounts made available under subsection (a), including a description of the status of obligations and expenditures.''. (2) Clerical amendment.--The table of sections affected for title 54 is amended by striking the item relating to section 200303 and inserting the following: ``200303. Availability of funds.''. (c) Public Access.--Section 200306 of title 54, United States Code, is amended by adding at the end the following: ``(c) Public Access.--Not less than 1.5 percent of the annual authorized funding amount shall be made available each year for projects that secure recreational public access to existing Federal public land for hunting, fishing, or other recreational purposes.''.

This bill extends the Secure Rural Schools and Community Self-Determination Program through FY2021 at FY2011 funding levels. This Program provides payments to state jurisdictions to compensate for the cost of providing services in tax-exempt federal lands within such jurisdictions. The bill eliminates the fiscal year limitation on funding for the Payments in Lieu of Taxes Program. This Program compensates local governments for tax revenue lost due to tax-exempt federal lands within their boundaries. The bill amends the Land and Water Conservation Fund Act to make permanent the authorization for the Land and and Water Conservation Fund. Amounts in such Funds remain available for expenditure to carry out such Act without further appropriation or fiscal year limitation. Not less than 1.5% the annual authorized funding amount under such Act shall be made available for projects that secure recreational public access to existing federal public land for hunting, fishing, and other recreational purposes.

A bill to extend the secure rural schools and community self-determination program and to make permanent the payment in lieu of taxes program and the land and water conservation fund.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Windfall Energy Alternatives for the Nation (WEAN) Off of Oil Act of 2007'' or the ``WEAN Off of Oil Act of 2007''. SEC. 2. WINDFALL PROFITS TAX. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end thereof the following new chapter: ``CHAPTER 56--WINDFALL PROFITS ON CRUDE OIL ``Sec. 5896. Imposition of tax. ``Sec. 5897. Windfall profit; removal price; adjusted base price; qualified investment. ``Sec. 5898. Special rules and definitions. ``SEC. 5896. IMPOSITION OF TAX. ``(a) In General.--In addition to any other tax imposed under this title, there is hereby imposed on any major integrated oil company (as defined in section 167(h)(5)(B)) an excise tax equal to the excess of-- ``(1) the amount equal to 50 percent of the windfall profit from all barrels of taxable crude oil removed from the property during each taxable year, over ``(2) the amount of qualified investment by such company during such taxable year. ``(b) Fractional Part of Barrel.--In the case of a fraction of a barrel, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on the whole barrel. ``(c) Tax Paid by Producer.--The tax imposed by this section shall be paid by the producer of the taxable crude oil. ``SEC. 5897. WINDFALL PROFIT; REMOVAL PRICE; ADJUSTED BASE PRICE; QUALIFIED INVESTMENT. ``(a) General Rule.--For purposes of this chapter, the term `windfall profit' means the excess of the removal price of the barrel of taxable crude oil over the adjusted base price of such barrel. ``(b) Removal Price.--For purposes of this chapter-- ``(1) In general.--Except as otherwise provided in this subsection, the term `removal price' means the amount for which the barrel of taxable crude oil is sold. ``(2) Sales between related persons.--In the case of a sale between related persons, the removal price shall not be less than the constructive sales price for purposes of determining gross income from the property under section 613. ``(3) Oil removed from property before sale.--If crude oil is removed from the property before it is sold, the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. ``(4) Refining begun on property.--If the manufacture or conversion of crude oil into refined products begins before such oil is removed from the property-- ``(A) such oil shall be treated as removed on the day such manufacture or conversion begins, and ``(B) the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. ``(5) Property.--The term `property' has the meaning given such term by section 614. ``(c) Adjusted Base Price Defined.-- ``(1) In general.--For purposes of this chapter, the term `adjusted base price' means $50 for each barrel of taxable crude oil plus an amount equal to-- ``(A) such base price, multiplied by ``(B) the inflation adjustment for the calendar year in which the taxable crude oil is removed from the property. The amount determined under the preceding sentence shall be rounded to the nearest cent. ``(2) Inflation adjustment.-- ``(A) In general.--For purposes of paragraph (1), the inflation adjustment for any calendar year after 2008 is the percentage by which-- ``(i) the implicit price deflator for the gross national product for the preceding calendar year, exceeds ``(ii) such deflator for the calendar year ending December 31, 2007. ``(B) First revision of price deflator used.--For purposes of subparagraph (A), the first revision of the price deflator shall be used. ``(d) Qualified Investment.--For purposes of this chapter-- ``(1) In general.--The term `qualified investment' means any amount paid or incurred with respect to-- ``(A) section 263(c) costs, ``(B) qualified refinery property (as defined in section 179C(c) and determined without regard to any termination date), ``(C) any qualified facility described in paragraph (1), (2), (3), or (4) of section 45(d) (determined without regard to any placed in service date), and ``(D) any facility for the production of alcohol used as a fuel (within the meaning of section 40) or biodiesel or agri-biodiesel used as a fuel (within the meaning of section 40A). ``(2) Section 263(c) costs.--For purposes of this subsection, the term `section 263(c) costs' means intangible drilling and development costs incurred by the taxpayer which (by reason of an election under section 263(c)) may be deducted as expenses for purposes of this title (other than this paragraph). Such term shall not include costs incurred in drilling a nonproductive well. ``SEC. 5898. SPECIAL RULES AND DEFINITIONS. ``(a) Withholding and Deposit of Tax.--The Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896 on any taxable crude oil. ``(b) Records and Information.--Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil) with respect to such oil as the Secretary may by regulations prescribe. ``(c) Return of Windfall Profit Tax.--The Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896. ``(d) Definitions.--For purposes of this chapter-- ``(1) Producer.--The term `producer' means the holder of the economic interest with respect to the crude oil. ``(2) Crude oil.-- ``(A) In general.--The term `crude oil' includes crude oil condensates and natural gasoline. ``(B) Exclusion of newly discovered oil.--Such term shall not include any oil produced from a well drilled after the date of the enactment of the WEAN Off of Oil Act of 2007, except with respect to any oil produced from a well drilled after such date on any proven oil or gas property (within the meaning of section 613A(c)(9)(A)). ``(3) Barrel.--The term `barrel' means 42 United States gallons. ``(e) Adjustment of Removal Price.--In determining the removal price of oil from a property in the case of any transaction, the Secretary may adjust the removal price to reflect clearly the fair market value of oil removed. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter. ``(g) Termination.--This section shall not apply to taxable crude oil removed after the date which is 3 years after the date of the enactment of this section.''. (b) Clerical Amendment.--The table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Chapter 56. Windfall Profit on Crude Oil.''. (c) Deductibility of Windfall Profit Tax.--The first sentence of section 164(a) of the Internal Revenue Code of 1986 (relating to deduction for taxes) is amended by inserting after paragraph (5) the following new paragraph: ``(6) The windfall profit tax imposed by section 5896.''. (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply to crude oil removed after the date of the enactment of this Act, in taxable years ending after such date. (2) Transitional rules.--For the period ending December 31, 2007, the Secretary of the Treasury or the Secretary's delegate shall prescribe rules relating to the administration of chapter 56 of the Internal Revenue Code of 1986. To the extent provided in such rules, such rules shall supplement or supplant for such period the administrative provisions contained in chapter 56 of such Code (or in so much of subtitle F of such Code as relates to such chapter 56). SEC. 3. STRATEGIC ENERGY EFFICIENCY AND RENEWABLES RESERVE FOR INVESTMENTS IN RENEWABLE ENERGY AND ENERGY EFFICIENCY. (a) In General.--For budgetary purposes, the additional Federal receipts by reason of the enactment of this Act shall be held in a separate account to be known as the ``Strategic Energy Efficiency and Renewables Reserve''. The Strategic Energy Efficiency and Renewables Reserve shall be available to offset the cost of subsequent legislation-- (1) to accelerate the use of clean domestic renewable energy resources and alternative fuels; (2) to promote the utilization of energy-efficient products and practices and conservation; and (3) to increase research, development, and deployment of clean renewable energy and efficiency technologies. (b) Procedure for Adjustments.-- (1) Budget committee chairman.--After the reporting of a bill or joint resolution, or the offering of an amendment thereto or the submission of a conference report thereon, providing funding for the purposes set forth in subsection (a) in excess of the amounts provided for those purposes for fiscal year 2007, the chairman of the Committee on the Budget of the applicable House of Congress shall make the adjustments set forth in paragraph (2) for the amount of new budget authority and outlays in that measure and the outlays flowing from that budget authority. (2) Matters to be adjusted.--The adjustments referred to in paragraph (1) are to be made to-- (A) the discretionary spending limits, if any, set forth in the appropriate concurrent resolution on the budget; (B) the allocations made pursuant to the appropriate concurrent resolution on the budget pursuant to section 302(a) of the Congressional Budget Act of 1974; and (C) the budget aggregates contained in the appropriate concurrent resolution on the budget as required by section 301(a) of the Congressional Budget Act of 1974. (3) Amounts of adjustments.--The adjustments referred to in paragraphs (1) and (2) shall not exceed the receipts estimated by the Congressional Budget Office that are attributable to this Act for the fiscal year in which the adjustments are made.

Windfall Energy Alternatives for the Nation (WEAN) Off of Oil Act of 2007 or the WEAN Off of Oil Act of 2007 - Amends the Internal Revenue Code to impose upon major integrated oil companies an excise tax of 50 percent of their net windfall profits from the production of taxable crude oil in a taxable year. Defines "windfall profit" as the excess of the removal price (sales price) of a barrel of taxable crude oil over the adjusted base price of such barrel (i.e., $50 per barrel, adjusted for inflation). Terminates such tax three years after the enactment of this Act. Allows a tax deduction for the payment of any windfall profit tax. Establishes a separate account to be funded by windfall profit tax receipts (to be known as the Strategic Energy Efficiency and Renewables Reserve) for the purpose of financing legislation to: (1) accelerate the use of clean domestic renewable energy resources and alternative fuels; (2) promote the utilization of energy-efficient products, practices, and conservation; and (3) increase research, development, and deployment of clean renewable energy and efficiency technologies.

To amend the Internal Revenue Code of 1986 to impose a temporary windfall profit tax on crude oil, to make the revenues from such tax available for investments in renewable energy and energy efficiency, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Natural Gas Pipeline Safety Improvement Act of 1995''. SEC. 2. RECOVERY BY SECRETARY OF TRANSPORTATION OF COSTS OF INVESTIGATION OF CERTAIN PIPELINE ACCIDENTS. Section 60117 of title 49, United States Code, is amended by adding at the end the following: ``(k)(1)(A) Subject to paragraphs (2) and (3), the Secretary of Transportation may recover from any person who engages in the transportation of gas or hazardous liquid, or who owns or operates pipeline facilities, the costs incurred by the Secretary-- ``(i) in investigating an accident with respect to such transportation or facilities; and ``(ii) in overseeing the response of the person to the accident. ``(B) For the purposes of this paragraph, the costs incurred by the Secretary in an investigation of an accident may include the cost of hiring additional personnel (including personnel to support monitoring activities by the Office of Pipeline Safety), the cost of tests or studies, and travel and administrative costs associated with the investigation. ``(2) The Secretary may not recover costs under this subsection with respect to an accident unless the accident-- ``(A) results in death or personal injury; or ``(B) results in property damage (including the cost of any lost natural gas or hazardous liquid) and environmental damage (including the cost of any environmental remediation) in an amount in excess of $250,000. ``(3) The amount that the Secretary may recover under this subsection with respect to an accident may not exceed $500,000. ``(4)(A) Amounts recovered by the Secretary under this subsection shall be available to the Secretary for purposes of the payment of the costs of investigating and overseeing responses to accidents under this subsection. Such funds shall be available to the Secretary for such purposes without fiscal year limitation. ``(B) Such amounts shall be used to supplement and not to supplant other funds made available to the Secretary for such purposes.''. SEC. 3. GRANTS TO STATES AND ONE-CALL NOTIFICATION SYSTEMS TO PROMOTE USE OF SUCH SYSTEMS. (a) Grants to States.--Subsection (b) of section 60114 of title 49, United States Code, is amended by adding at the end the following: ``The Secretary may make a grant to a State for development and establishment of a one-call notification system only if the State ensures that the cost of establishing and operating the system are shared equitably by persons owning or operating underground facilities.''. (b) Grants to Systems.--Such subsection is further amended-- (1) by inserting ``(1)'' after ``Grants.--''; and (2) by adding at the end the following: ``(2)(A) The Secretary may also make grants to one-call notification systems for activities relating to the promotion of the utilization of such systems. ``(B) The Secretary shall ensure that the Federal share of the cost of the activities referred to in subparagraph (A) under any grant made under this paragraph does not exceed 50 percent of the cost of such activities.''. (c) Sanctions.--Subsection (a)(9) of such section is amended by inserting ``, or that would provide for effective civil or criminal penalty sanctions or equitable relief appropriate to the nature of the offense'' after ``60123 of this title''. SEC. 4. PREVENTION OF DAMAGE TO PIPELINE FACILITIES. Section 60117(a) of title 49, United States Code, is amended by inserting after ``and training activities'' the following: ``and promotional activities relating to prevention of damage to pipeline facilities''. SEC. 5. ELECTRONIC DATA ON PIPELINE FACILITIES FOR RISK ASSESSMENT AND SAFETY PLANNING. (a) Authority To Develop.--The Secretary of Transportation may develop an electronic data base containing uniform information on the nature, extent, and geographic location of pipeline facilities. The purpose of the data base shall be to provide information on such facilities to the Secretary, owners of pipeline facilities, as persons engaged in transporting gas or hazardous liquids through pipeline facilities, and for secured use by State agencies concerned with land use planning, environmental regulation, and pipeline regulatory oversight, in order to facilitate risk assessment and safety planning with respect to such facilities. (b) Contract and Grant Authority.--(1) Subject to paragraph (2), the Secretary may develop the data base described under subsection (a) by entering into contracts or cooperative agreements with any entity that the Secretary determines appropriate for that purpose and by making grants to States or institutions of higher education for that purpose. (2) The Secretary shall ensure that the Federal share of the cost of any activities carried out under a grant or cooperative agreement made under this subsection does not exceed 50 percent of the cost of such activities. (c) Use of Geographic Information System Technology.--In developing the data base described in subsection (a), the Secretary shall, to the maximum extent practicable, develop a data base that-- (1) utilizes Geographic Information System technology or any similar technology providing data of an equivalent quality and usefulness; and (2) permits ready incorporation of data and information from a variety of sources. (d) Definition.--For purposes of this section, the term ``pipeline facility'' has the meaning given such term in section 60101 of title 49, United States Code. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Natural Gas.--(1) Section 60125(a) of title 49, United States Code, is amended by adding after paragraph (3) the following new paragraphs: ``(4) $20,000,000 for the fiscal year ending September 30, 1996. ``(5) $30,000,000 for the fiscal year ending September 30, 1997. ``(6) $35,000,000 for the fiscal year ending September 30, 1998.''. (2) Section 60125(c)(1) of title 49, United States Code, is amended by adding after subparagraph (C) the following new subparagraphs: ``(D) $16,500,000 for the fiscal year ending September 30, 1996. ``(E) $19,000,000 for the fiscal year ending September 30, 1997. ``(F) $21,500,000 for the fiscal year ending September 30, 1998.''. (b) Hazardous Liquid.--Section 60125(b) of title 49, United States Code, is amended by adding after paragraph (3) the following new paragraphs: ``(4) $7,000,000 for the fiscal year ending September 30, 1996. ``(5) $10,000,000 for the fiscal year ending September 30, 1997. ``(6) $11,000,000 for the fiscal year ending September 30, 1998.''. SEC. 7. SITING OF INTERSTATE PIPELINE FACILITIES. (a) Siting Guidelines.--Within 2 years after the date of enactment of this Act, the Federal Energy Regulatory Commission shall review its practices and guidelines for siting interstate gas pipeline facilities in urban areas to determine whether changes are needed in the areas of-- (1) selecting routes for pipelines; and (2) determining the appropriate width of rights-of-way. (b) Educational Information for Local Jurisdictions.--(1)(A) Within 2 years after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Federal Energy Regulatory Commission, shall make educational information available, regarding interstate gas pipeline facilities permits and rights-of-way and issues with respect to development in the vicinity of such interstate gas pipeline facilities, for distribution to appropriate agencies of local governments with jurisdiction over the lands through which interstate gas pipeline facilities pass. (B) For purposes of this section, the term ``interstate gas pipeline facility'' has the meaning given such term in section 60101 of title 49, United States Code. (2)(A) Within 2 years after the date of enactment of this Act, the Secretary of Transportation shall make educational information available, regarding interstate hazardous liquid pipeline facilities rights-of-way and issues with respect to development in the vicinity of such interstate pipeline facilities, for distribution to appropriate agencies of local governments with jurisdiction over the lands through which interstate hazardous liquid pipeline facilities pass. (B) For purposes of this paragraph, the term ``interstate hazardous liquid pipeline facility'' has the meaning given such term in section 60101 of title 49, United States Code. (3) There are authorized to be appropriated to the Secretary of Transportation for carrying out this subsection, $2,000,000, to remain available until expended. SEC. 8. DUMPING WITHIN PIPELINE RIGHTS-OF-WAY. (a) Amendment.--Chapter 601 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 60126. Dumping within pipeline rights-of-way ``(a) Prohibition.--No person shall excavate within the right-of- way of an interstate gas pipeline facility or interstate hazardous liquid pipeline facility, or any other limited area in the vicinity of any such interstate pipeline facility established by the Secretary of Transportation, and dispose solid waste therein. ``(b) Definition.--For purposes of this section, the term `solid waste' has the meaning given such term in section 1004(27) of the Solid Waste Disposal Act (42 U.S.C. 6903(27)).''. (b) Conforming Amendments.--(1) Sections 60122 and 60123 of title 49, United States Code, are amended by striking ``or 60118(a)'' and inserting in lieu thereof ``, 60118(a), or 60126''. (2) The table of sections of chapter 601 of such title is amended by adding at the end the following new item: ``60126. Dumping within pipeline rights-of-way.''. SEC. 9. PERIODIC INSPECTION BY INSTRUMENTED INTERNAL INSPECTION DEVICES. Section 60102(f)(2) of title 49, United States Code, is amended-- (1) by striking ``October 24, 1995'' and inserting in lieu thereof ``1 year after the date of the enactment of the Natural Gas Pipeline Safety Improvement Act of 1995''; and (2) in the first sentence, by inserting ``, and shall prescribe a schedule or schedules for such inspections'' after ``60109 of this title''. SEC. 10. PROMOTING PUBLIC AWARENESS FOR NEIGHBORS OF PIPELINES. Section 60116 of title 49, United States Code, is amended-- (1) by inserting ``(a) Gas Leaks.--'' before ``Under regulations the Secretary''; and (2) by adding at the end the following new subsections: ``(b) Promoting Public Awareness for Neighbors of Pipelines.--Not later than 1 year after the date of enactment of this subsection, and annually thereafter, the owner or operator of each interstate gas pipeline facility or interstate hazardous liquid pipeline facility shall notify all residents within 1000 yards, or such other distance as the Secretary of Transportation determines appropriate, of such interstate pipeline facility of-- ``(1) the general location of the interstate pipeline facility; ``(2) a request for reporting of any instances of excavation or dumping on or near the interstate pipeline facility; ``(3) a phone number to use to make such reports; and ``(4) appropriate procedures for such residents to follow in response to accidents concerning interstate pipeline facilities. ``(c) Public Education.--The Secretary of Transportation shall develop, in conjunction with appropriate representatives of the natural gas pipeline industry and the hazardous liquid pipeline industry, public service announcements to be broadcast or published to educate the public about pipeline safety.''. SEC. 11. REMOTELY OR AUTOMATICALLY CONTROLLED VALVES. Section 60102 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(l) Remotely or Automatically Controlled Valves.--Not later than 18 months after the date of enactment of this subsection, the Secretary of Transportation shall prescribe regulations requiring the installation and use, wherever technically and economically feasible, of remotely or automatically controlled valves that are reliable and capable of shutting off the flow of gas in the event of an accident, including accidents in which there is a loss of the primary power source. In developing proposed regulations, the Secretary shall consult with, and give special consideration to recommendations of, appropriate groups from the gas pipeline industry, such as the Gas Research Institute.''. SEC. 12. BASELINE INFORMATION. Section 60102(f) of title 49, United States Code, is amended by adding at the end the following new paragraph: ``(3) Before transporting natural gas or hazardous liquid through a pipeline which, because of its design, construction, or replacement, is required by regulations issued under paragraph (1) to accommodate the passage of instrumented internal inspection devices, the owner or operator of such pipeline shall, using such a device, obtain baseline information with respect to the safety of the pipeline.''.

Natural Gas Pipeline Safety Improvement Act of 1995- Amends Federal pipeline safety law to authorize the Secretary of Transportation to recover from any person engaged in the transportation of gas or hazardous liquids, or from the owner or operator of pipeline facilities, the costs incurred in: (1) investigating an accident; and (2) overseeing the person's response to the accident. Sets a limit upon the amounts recoverable. Authorizes the Secretary to make grants to: (1) the States for the development and establishment of a one-call notification system; and (2) one-call notification systems for promoting their use. Prescribes guidelines under which the Secretary may develop an electronic data base on pipeline facilities in order to facilitate risk assessment and safety planning. Authorizes appropriations. Directs the Federal Energy Regulatory Commission to review its practices and guidelines for siting natural gas interstate transmission facilities in urban areas in order to determine whether changes are needed in route selection and right-of-way widths. Authorizes appropriations. Instructs the Secretary to make educational information available to local governments over whose lands pass: (1) natural gas interstate transmission facilities; and (2) hazardous liquid interstate pipeline facilities. Authorizes appropriations. Prohibits excavation and solid waste disposal activity within pipeline rights-of-way, or within a limited area in the vicinity of an interstate pipeline facility. Modifies the deadline for the Secretary to issue regulations for periodic pipeline inspections by instrumented internal inspection devices (smart pigs). Instructs the Secretary to prescribe a schedule for such inspections. Requires the owner or operator of an interstate transmission facility to notify annually all residents within certain distances of such facility of procedures for reporting instances of dumping and excavation. Directs the Secretary to develop public service announcements governing pipeline safety. Directs the Secretary to promulgate regulations requiring the use of remotely or automatically controlled valves for shutting off gas flow in the event of an accident or a loss of the primary power source. Requires the owner or operator of certain pipelines to obtain baseline pipeline safety information through the use of smart pigs.

Natural Gas Pipeline Safety Improvement Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Revitalizing the Economy of Fisheries in the Pacific Act of 2012'' or the ``REFI Pacific Act of 2012''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds as follows: (1) In 2000, the Secretary of Commerce declared the Pacific Coast Groundfish Fishery a Federal fisheries disaster due to low stock abundance of groundfish and an overcapitalized fleet. (2) In 2003, section 212 of the Department of Commerce and Related Agencies Appropriations Act, 2003 (title II of division B of Public Law 108-7; 117 Stat. 80) was enacted to require establishment of a Pacific Coast groundfish fishery buyback program to remove excess fishing capacity from the groundfish, crab, and shrimp fisheries. (3) In 2003, a $35,700,000 buyback loan was authorized by Congress, creating the Pacific Coast Groundfish Fishing capacity reduction program through the National Marine Fisheries Service Fisheries Finance Program with a term of 30 years. The interest rate of the buyback loan was fixed at 6.97 percent and is paid back based on an ex-vessel fee landing rate of 5 percent for the loan. (4) The buyback program resulted in the removal of limited entry trawl Federal fishing permits from the fishery, representing approximately 46 percent of total landings at the time. (5) Because of an absence of a repayment mechanism, $4,243,730 in interest was accrued before fee collection procedures were established in 2005, over 18 months after the fishing capacity reduction program was initiated. (6) In 2011, the Pacific Coast groundfish fishery transitioned to a catch share program. (7) By 2015, Pacific Coast groundfish fishermen's expenses are expected to include fees of approximately $450 per day for observers, a 3-percent cost recovery fee as authorized by the Magnuson-Stevens Fishery Conservation and Management Act for catch share programs, and a 5-percent ex-vessel landings rate for the loan repayment, which could reach 18 percent of their total gross revenue. (8) In the period covering 2006 through 2011, the annual average Pacific Coast Groundfish Fishery ex-vessel revenue was $85,945,847, which included revenue of at-sea catcher processors, at-sea mothership catcher vessels, trawls, open access, and tribal fishing and all other groundfish revenue. Of that revenue, an average of $45,000,000 was generated by the limited entry trawl fishery. (9) Currently, National Oceanic and Atmospheric Administration Fisheries administers industry-funded capacity reduction programs in the Bering Sea-Aleutian Islands crab, Bering Sea-Aleutian Islands non-pollock groundfish, and American Fisheries Act pollock fisheries, along with the Pacific Coast groundfish fishery. Each program has a 30-year, long-term loan repayment period based on fees for future landings in the fisheries. (10) A fifth reduction buyback program was implemented in 2012 for the Alaska Purse Seine Salmon Fishery, which has a 40- year, long-term repayment period based on fees for future landings in the fishery with an ex-vessel landing rate of 3 percent. (11) In the past when fishery disasters have been declared, some fisheries have been issued Federal disaster assistance grants to provide short-term economic assistance to fishermen leaving the industry, increased profitability for remaining fishermen, and conservation of fish stocks. (12) In 1996 and 1997, a $23,000,000 Federal disaster assistance grant was issued for the New England Groundfish Fishery, which was used to remove 68 multi-species permits and scrap 58 vessels associated with those permits. No loan repayments were required for this grant. (b) Purpose.--The purpose of the Act is to refinance the Pacific Coast Groundfish Fishery Fishing Capacity Reduction Program to protect and conserve the Pacific Coast groundfish fishery, fishermen's economic livelihood, and jobs of associated industries. SEC. 3. REFINANCING OF WEST COAST GROUNDFISH FISHERY FISHING CAPACITY REDUCTION LOAN. (a) In General.--The Secretary of Commerce shall, upon receipt of such assurances as the Secretary considers appropriate to protect the interests of the United States, issue a loan to refinance the existing debt obligation funding the fishing capacity reduction program for the Pacific Coast Groundfish Fishery implemented under section 212 of the Department of Commerce and Related Agencies Appropriations Act, 2003 (title II of division B of Public Law 108-7; 117 Stat. 80). (b) Applicable Law.--Except as otherwise provided in this section, the Secretary shall issue such loan in accordance with subsections (b) through (e) of section 312 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a) and sections 53702 and 53735 of title 46, United States Code. (c) Loan Term.--Notwithstanding section 53735(c)(4) of title 46, United States Code, a loan under this section must have a maturity that expires at the end of the 45-year period beginning on the date of issuance of such loan. (d) Limitation on Fee Amount.--Notwithstanding section 312(d)(2)(B) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(d)(2)(B)), the fee established by the Secretary with respect to a loan under this section shall not exceed 3 percent of the ex-vessel value of all fish harvested from each fishery for which the loan is issued. (e) Funding.--To implement this section there is authorized to be appropriated to the Secretary an amount equal to 1 percent of the amount of the loan authorized under this section.

Revitalizing the Economy of Fisheries in the Pacific Act of 2012 or REFI Pacific Act of 2012 - Directs the Secretary of Commerce (upon receipt of such assurances as the Secretary considers appropriate to protect the interests of the United States) to issue a loan to refinance the existing debt obligation funding the fishing capacity reduction program for the Pacific Coast Groundfish Fishery implemented under the Department of Commerce and Related Agencies Appropriations Act, 2003. Requires such loan to have a maturity that expires 45 years after the date of issuance. Prohibits the fee with respect to such loan from exceeding 3% of the ex-vessel value of all fish harvested from each fishery for which the loan is issued.

To direct the Secretary of Commerce to issue a fishing capacity reduction loan to refinance the existing loan funding the Pacific Coast Groundfish Fishery Fishing Capacity Reduction Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Prescription Drug Internet Access and Safe Importation Act of 2000''. SEC. 2. PROMOTING ACCESS OF MEDICARE BENEFICIARIES TO SAFE AND COMPETITIVELY PRICED PRESCRIPTION DRUGS THROUGH THE INTERNET. Section 1842 of the Social Security Act (42 U.S.C. 1395u) is amended by adding at the end the following new subsection: ``(u) Contract To Provide Official Website To Provide Access to Safe and Competitively Priced Domestic and International Prescription Drugs to Medicare Beneficiaries Through the Internet.-- ``(1) Contract.-- ``(A) In general.--The Secretary shall enter into a contract arrangement with a qualified carrier under which the carrier will provide for the operation of an Internet site through which medicare beneficiaries, physicians, and pharmacies serving medicare beneficiaries can identify one or more Internet pharmacies (which are qualified under paragraph (2)) through which such individuals and pharmacies may directly purchase safe and effective domestic and international prescription drugs. ``(B) Qualifications for carrier operating official website.--For purposes of paragraph (1), a qualified carrier is a carrier that demonstrates to the satisfaction of the Secretary the ability to operate the Internet site and to provide for appropriate screening and oversight of the qualified Internet pharmacies so as to ensure the delivery of safe products. ``(C) Contract with only 1 carrier.--The Secretary shall enter into such a contract with only 1 carrier. ``(D) Seeking most competitive price.--In entering into a contract with a carrier under this subsection, the Secretary shall seek to obtain the greatest accessibility at the most competitive price available for prescription drugs for medicare beneficiaries, physicians, and pharmacies serving medicare beneficiaries. For this purpose, the carrier may limit the number of Internet pharmacies which are linked through the carrier's website under this subsection. ``(E) Posting of prices for covered drugs.--The contractor shall agree to post in a clear and visible manner on the homepage for its Internet site, or on a page directly linked to the homepage (by a clear and visible link on the homepage), the five lowest prices for a particular prescription drug, including its therapeutic brand and generic equivalents, requested by the medicare beneficiary. ``(F) Recovery of administrative costs.--The carrier shall seek to recover the administrative costs of the contract under this subsection by assessing a reasonable fee (which may be based on such criteria as the contractor determines most efficient) on Internet pharmacies which use the carrier's website to post pharmaceutical products for sale of medicare beneficiaries, physicians, and pharmacies serving medicare beneficiaries. Such fees shall be adjusted from year to year as necessary to recover administrative costs over a multi-year period. ``(G) Privacy standards.--The carrier shall not disclose any personal or medical information regarding a medicare beneficiary if the information is not utilized solely for the processing of claims, delivery of covered drugs, or is not vital to the immediate health or welfare of the medicare beneficiary. ``(2) Qualifications for internet pharmacies.--For purposes of this subsection, the Secretary shall establish standards for qualification of Internet pharmacies which may participate in the carrier's website. In establishing such standards, the Secretary shall consider the recommendations of the National Association of Boards of Pharmacy and shall assure that each qualified Internet pharmacy-- ``(A) is licensed in each State as a pharmacy; ``(B) is in compliance with applicable requirements of Federal and State law governing the practice of pharmacy; ``(C) agrees not to dispense a drug except upon a prescription of a practitioner licensed by law to administer the drug; ``(D) agrees to post in a clear and visible manner on the homepage for its Internet site, or on a page directly linked to the homepage (by a clear and visible link on the homepage), such information regarding the identity of the pharmacy and restrictions applicable to its dispensing of prescription drugs as the Secretary shall specify; and ``(E) meets such other requirements as the Secretary shall establish.''. SEC. 3. INTERNET PHARMACIES FOR MEDICARE BENEFICIARIES. (a) In General.--Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.) is amended-- (1) in section 801(d)(1), by striking ``Except as provide in paragraph (2),'' and inserting ``Except as provided in paragraph (2) or section 801A,''; and (2) by inserting after section 801 the following section: ``Sec. 801A. (a) Promulgation of Criteria for Internet Pharmacies Eligible To Participate With a Medicare Carrier Under 1842(u) of the Social Security Act.--The Secretary shall by regulation promulgate uniform criteria for the operation of Internet pharmacies pursuant to subsection (d)(1), including requirements regarding the manner in which such pharmacies serve medicare beneficiaries and physicians or pharmacies serving medicare beneficiaries. In establishing such criteria, the Secretary shall with respect to Internet pharmacies consider the recommendations of the National Association of Boards of Pharmacy. Such criteria shall provide that a waiver under subsection (c) will be provided to a medicare Internet pharmacy only if the following conditions are met: ``(1) The Internet pharmacy is licensed under a uniform name as a pharmacy among the States in each State. ``(2) The Internet pharmacy is in compliance with applicable requirements of Federal and State law governing the practice of pharmacy. ``(3) The Internet pharmacy agrees that it will dispense a drug as written for an individual only upon a prescription of a practitioner licensed by law to administer the drug. ``(4) The Internet site of the Internet pharmacy posts in a clear and visible manner on the homepage for the site, or on a page directly linked to the homepage (by a clear and visible link on the homepage), the following information: ``(A) A statement that the Internet pharmacy will dispense prescription drugs only upon a valid prescription by a licensed practitioner. ``(B) The street address for the principal place of business for the Internet pharmacy. ``(C) The name of the chief pharmacist for the Internet pharmacy, the professional degree held by such pharmacist, and an identification of the pharmacy licenses held by the pharmacist. ``(D) A telephone number at which pharmacists of the Internet pharmacy may be reached. ``(5) The Internet pharmacy contracts that it will make available through the Internet site to physicians or pharmacies serving medicare beneficiaries the same covered drugs as are available to medicare beneficiaries through the site. ``(6) The Internet pharmacy shall not disclose any personal or medical information regarding a medicare beneficiary if the information is not utilized solely for the processing of claims, delivery of covered drugs, or is not vital to the immediate health or welfare of the medicare beneficiary. ``(7) Such other conditions as the Secretary may establish by regulation. ``(b) Enforcement.-- ``(1) Suspension or revocation of waiver.--After notice and opportunity for a hearing, the Secretary may suspend or revoke the waiver of an Internet pharmacy under subsection (c) on any of the following grounds: ``(A) The Internet pharmacy ceases to comply with any condition described in subsection (a). ``(B) The Internet pharmacy has violated any provision of section 301. ``(C) The Internet pharmacy has violated a provision of the Controlled Substances Act, or has violated any State law regarding controlled substances. ``(D) The Internet pharmacy has violated a State law regarding the unauthorized operation of a pharmacy or the unauthorized practice of medicine. ``(E) The Internet pharmacy has engaged in such other conduct as, with respect to financial misconduct as well as the safety or effectiveness of drugs, justifies the suspension or revocation in the interest of protecting medicare beneficiaries from the Internet pharmacy. ``(2) Criminal penalty for subsequent importations.--If the waiver of an Internet pharmacy under subsection (c) is suspended or revoked by the Secretary under paragraph (1), any importation by the Internet pharmacy of a covered drug into the United States after the suspension or revocation takes effect shall be considered to be a violation of the provisions of section 301(t) that relate to section 801(d). ``(3) Fee to fund the secretary's enforcement of this act.--The Secretary shall collect a reasonable fee necessary to carry out the enforcement of this act. ``(c) Waiver of Restriction on Reentry of Exported Drugs.-- ``(1) In general.--If the Secretary determines that an Internet pharmacy meets the requirements described in paragraphs (1) and (2) of subsection (d), the Secretary shall establish a waiver providing that, notwithstanding section 801(b)(1), the Internet pharmacy may import into the United States any covered drug. ``(2) Covered drugs.--For purposes of this section, the term `covered drug' means a drug that-- ``(A) is a drug for which an application has been approved pursuant to section 505 or pursuant to section 351 of the Public Health Service Act; and ``(B)(i) is a prescription drug; or ``(ii) is a drug composed wholly or partly of insulin. ``(3) Rule of construction regarding safety and effectiveness, adulteration and misbranding, and other requirements.--A waiver of section 801(d)(1) under paragraph (1) may not be construed as waiving any other provision of Federal law regarding the drugs involved. ``(d) Requirements for Waiver.-- ``(1) Internet pharmacy qualified under 1842(u) of the social security act.--For purposes of subsection (c)(1), the requirement described in this paragraph is that the Internet pharmacy involved operate, in accordance with criteria under subsection (a), an Internet site through which medicare beneficiaries, physicians, and pharmacies serving medicare beneficiaries can purchase covered drugs. ``(2) Information regarding importation--For purposes of subsection (c)(1), the requirement described in this paragraph is that the Internet pharmacy involved provide to the Secretary such information as the Secretary may require for purposes of determining whether the requirements of this Act have been met with respect to the covered drug being imported. ``(e) Definitions.--For purposes of this section: ``(1) The term `covered drug' has the meaning given such term in subsection (c)(2). ``(2) The term `generic drug' means a drug approved under section 505(j) of the Federal Food, Drug, and Cosmetic Act. ``(3) The term `Internet' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. ``(4) The term `Internet pharmacy' means an Internet site through which a medicare beneficiary or a physician or pharmacy serving medicare beneficiaries can purchase a drug, whether the purchase is a sale for resale or sale at retail. ``(5) The term `Internet site' means a site on the telecommunications medium known as the World Wide Web of the Internet. ``(6) The term `Medicare beneficiary' means an individual entitled to benefits under part A of title XVIII of the Social Security Act, or enrolled under part B of such title, or both. ``(7) The term `prescription drug' means a drug that is subject to section 503(b).''. (b) Effective Date.--This act shall take effect six months after the date of enactment.

Amends the Federal Food, Drug, and Cosmetic Act to provide for the promulgation of criteria for Internet pharmacies eligible to participate with a Medicare carrier in accordance with this Act.

Medicare Prescription Drug Internet Access and Safe Importation Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iraq Transition Act of 2006''. SEC. 2. FINDINGS; DECLARATIONS OF POLICY. (a) Findings.--Congress makes the following findings: (1) The people of Iraq have made significant progress in establishing the framework for a democratic government. (2) In an October 2005 referendum, the Iraqi people voted to approve Iraq's Constitution, setting up an Islamic federal democracy while strengthening the rights of women and minorities in that country. (3) On December 15, 2005, Iraqis voted in the first multi- party elections in that country in 50 years. (4) The Iraqi parliament that emerged from the December 2005 elections includes representation across a broad cross section of the population and has established affirmative measures to include women and ethnic minorities in positions of authority. (5) The Iraqi constitutional framework has allowed the election of President Jalal Talabani and Prime Minister Nouri Kamal al-Maliki to form Iraq's first democratically-elected government in its history. (6) The Government of the United States has expended, through the Iraq Relief and Reconstruction Fund (IRRF), approximately 67 percent of the $20,912,000,000 in various reconstruction efforts in Iraq. (7) In an effort to allow Iraqis to take over security operations, approximately 265,000 Iraqi Security Forces (ISF) have been trained, nearing the total force goal of 325,000 by August 2007. (8) However, despite the emergence of a democratically- elected Iraqi Government, most civilian functions of that government remain the responsibility of United States military and Coalition military forces. (b) Declarations of Policy.--Congress makes the following declarations of policy: (1) While the military excellence with which Operation Iraqi Freedom has been executed is to be congratulated, it is in the best interests of the United States and the nation of Iraq that the proper functions of government be transferred to Iraqi control as soon as is practicable. (2) In order to have an orderly, deliberate, and expeditious transition to Iraqi civilian control, the task of doing so must be vested in a national commission which is specifically empowered and authorized to monitor and assess that transition and oversee that such transition is carried out. (3) Congress acknowledges that there is successful precedent for such a commission in comparable circumstances. At the close of World War II, a national commission, composed of three United States Senators, three Members of the House of Representatives, and three Presidential appointees were appointed and directed to oversee the transition of the Philippines from United States military to local, civilian control. (4) It is again the desire of Congress, as set forth in this Act, to establish a national commission to undertake the responsibility of overseeing the development of a plan and its implementation to transition Iraq from United States military control to Iraqi civilian control in an orderly, deliberate, and expeditious manner. (5) Congress anticipates and expects that the United States military will work in concert with and be an integral part of the national commission. SEC. 3. PURPOSE. It is the purpose of this Act to establish a national commission to develop plans for the orderly and expeditious transfer of power for Iraqi Government operations from United States military forces to the newly-elected Government of Iraq. The national commission shall seek the goals of empowering the newly-elected Government of Iraq and reducing reliance on United States military forces, while enabling the safe, prompt, and orderly return of such military forces to the United States, and further-- (1) to facilitate a dialogue between members of the commission, Iraqi leaders, and coalition and international partners in furtherance of the purpose of this Act; (2) to report such findings, conclusions, and recommendations as are consistent with the purpose of this Act; and (3) to provide guidance and support for the expeditious assumption of governmental responsibility by the newly-elected and appointed Iraqi government officials as is consistent with congressional oversight responsibilities regarding the proper use of United States reconstruction assistance for Iraq. SEC. 4. ESTABLISHMENT. There is established a commission to be known as the ``Commission on Iraqi Transition'' (in this Act referred to as the ``Commission''). SEC. 5. MEMBERSHIP. (a) Number and Appointment.-- (1) In general.--The Commission shall be composed of 21 members, as follows: (A) Seven members appointed by the President, of whom one shall be the Secretary of State (or the Secretary's designee), one shall be the Secretary of Defense (or the Secretary's designee), and one shall be the Secretary of Commerce. (B) Seven members appointed by the Speaker of the House of Representatives and the minority leader of the House of Representatives, of whom four shall be Members of the House of Representatives from the majority party and three shall be Members of the House of Representatives from the minority party. (C) Seven members appointed by the majority leader of the Senate and the minority leader of the Senate, of whom four shall be Members of the Senate from the majority party and three shall be Members of the Senate from the minority party. (2) Deadline.--Members of the Commission shall be appointed not later than 60 days after the date of the enactment of this Act. (b) Qualifications.--It is the sense of Congress that individuals appointed to the Commission shall be United States citizens, with significant depth of experience relevant to the goals of the Commission, including in the fields of public administration, finance, and management. (c) Meetings; Quorum; Majority; Vacancies.-- (1) Meetings.--Not later than 30 days after the date on which all members of the Commission have been appointed pursuant to subsection (a), the Commission shall hold its first meeting. After its initial meeting, the Commission shall meet upon the call of the Chairperson or a majority of its members. (2) Quorum.--At least 11 members shall constitute a quorum for the transaction of business provided a bipartisan representation is present. (3) Majority.--At least 11 Members shall constitute a majority of the Commission. (4) Vacancies.--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. (d) Chairperson.--The Chairperson of the Commission shall be elected by the members of the Commission SEC. 6. DUTIES OF COMMISSION. (a) Study and Report.--The Commission shall study and report upon all issues relating to the orderly and expeditious transfer of power for Iraqi Government operations from United States military forces to the newly-elected Government of Iraq, particularly to the Prime Minister of Iraq, the President of Iraq, and the Iraqi Council of Representatives, including day-to-day operations of Iraqi ministries and departments, as have been established by the Iraqi Constitution and laws, including the Ministries of Agriculture, Capital Markets Institutions, Communications, Commission on Public Integrity, Culture, Defense, Displacement and Migration, Education, Electricity, Environment, Finance, Foreign Affairs, Health, Higher Educations, Housing and Construction, Humane Rights, Industry and Minerals, Interior, Property Claims Commission, Justice, Labor and Social Affairs, Municipalities and Public Works, Oil, Planning and Development, Private Sector Development, Science and Technology, Trade, Transportation, Water Resources, and Youth and Sports. (b) Promotion of Accountability and Other Goals.--In carrying out subsection (a), the Commission shall seek to promote the government- wide management goals of accountability, effective management, efficiency and economy of operations, ethical conduct, and the merit- based recruitment and compensation of a professional civil service for the Iraqi Government. SEC. 7. POWERS OF COMMISSION. (a) Hearings; Subpoena Power.-- (1) In general.--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, and administer such oaths as the Commission considers appropriate; and (B) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and other documents, as the Commission, or such designated subcommittee or designated member thereof, is empowered to investigate under this Act. (2) Service of subpoenas.--A subpoena issued pursuant to paragraph (1)(B) may be issued under the signature of the Chairperson of the Commission, the chairperson of any designated subcommittee thereof, or any designated member thereof, and may be served by any person designated by such Chairperson, subcommittee chairperson, or member. The provisions of sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192-194) shall apply in the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section. (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.--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 such 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 Chairperson of the Commission. (d) Assistance From Federal Agencies.-- (1) Department of state.--The Secretary of State is authorized on a reimbursable or nonreimbursable basis to provide the Commission with administrative services, funds, facilities, staff, and other support services for the performance of the Commission's duties under this Act. (2) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. (3) Other departments and agencies.--In addition to the assistance set forth in paragraphs (1) and (2), departments and agencies of the United States are authorized to provide to the Commission such services, funds, facilities, staff, and other support services as such departments and agencies may deem 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 department and agencies of the United States. SEC. 8. STAFF OF COMMISSION. (a) In General.--The Chairperson of the Commission, 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 duties under this Act, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement for 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. 9. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.-- (1) Rates of pay.--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. (2) Prohibition on compensation of federal employees.-- Members of the Commission who are officers or employees of the United States or Members of Congress may not receive additional pay on account of their service on 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. 10. 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. 11. REPORTS OF COMMISSION; CONGRESSIONAL RESPONSE; TERMINATION. (a) Initial Report.--Not later than 90 days after the date of its initial meeting, the Commission shall submit to the President and Congress a report that contains-- (1) an assessment of any and all progress in the transfer of governmental authority to the newly elected Iraqi Government; and (2) such findings, conclusions, and recommendations, approved by a majority of its members, as the Commission shall determine to be consistent with the purpose of this Act. (b) Interim Reports.--The Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations as have been agreed to by a majority of Commission members. (c) Final Report.--By vote of a majority of its members, the Commission shall submit to the President and Congress a determination in its final report that all or substantially all of the governing authority has been transferred to the Iraqi Government. (d) Congressional Response.-- (1) Hearings.--At any time following the receipt of the initial report, interim reports, or final report of the Commission under this section, the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate may initiate hearings to consider the findings and recommendations of the report. (2) Legislation.--At any time following the receipt of the initial report, interim reports, or final report of the Commission under this section, Congress may give such findings, conclusions, or recommendations legislative effect as it deems appropriate. (e) Termination.-- (1) In general.--The Commission, and all the authorities of this Act, shall terminate no later than 90 days after the date on which the final report is submitted under subsection (c). (2) Administrative activities before termination.--The Commission may use the 90-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. 12. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated such sums as may be necessary to carry out this Act. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available, without fiscal year limitation, until expended.

Iraq Transition Act of 2006 - Establishes the Commission on Iraqi Transition, which shall report upon all issues relating to the transfer of power for Iraqi government operations from U.S. military forces to the newly-elected government of Iraq, particularly to the Prime Minister of Iraq, the President of Iraq, and the Iraqi Council of Representatives, including day-to-day operations of Iraqi ministries and departments.

To establish the Commission on Iraqi Transition.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Value Based Insurance Design for Better Care Act of 2014'' or the ``VBID for Better Care Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) A growing body of evidence demonstrates that increases in patient-level financial barriers (including deductibles, copayments, and coinsurance) for high-value medical services (such as prescription medications, clinician visits, diagnostic tests, and procedures) systematically reduce their use. Savings attributable to cost-related decreased utilization of specific services may lead to an increase in total medical expenditures due to increased use of other related clinical services, such as hospitalizations and emergency room visits. (2) Empirical research studies demonstrate that reductions in beneficiary out-of-pocket expenses for high-value prescription medications and clinical services can mitigate the adverse health and financial consequences attributable to cost- related decreased utilization of high-value services. (3) Financial barriers to prescription medications and clinical services that are deemed to be high value should be reduced or eliminated to increase their use. (4) Value-Based Insurance Design is a methodology that adjusts patient out-of-pocket costs for prescription medications and clinical services according to the clinical value--not exclusively the cost. Value-Based Insurance Design is based on the concept of clinical nuance that recognizes-- (A) prescription medications and clinical services differ in the clinical benefit provided; and (B) the clinical benefit derived from a specific prescription medication or clinical service depends on the clinical situation, the provider, and where the care is delivered. (5) The current ``one-size-fits-all'' copayment or coinsurance design for prescription medications and clinical services provided under the Medicare program does not recognize the well-established value differences in health outcomes produced by various medical interventions. (6) The establishment by Medicare of copayment and coinsurance requirements using Value-Based Insurance Design methodologies will improve patient-centered health outcomes, enhance personal responsibility, and afford a more efficient use of taxpayer dollars. SEC. 3. DEMONSTRATION PROGRAM. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish a 3-year demonstration program to test the use of value-based insurance design methodologies (as defined in subsection (c)(1)) under eligible Medicare Advantage plans offered by Medicare Advantage organizations under part C of title XVIII of the Social Security Act (42 U.S.C. 1395w-21 et seq.). (b) Demonstration Program Design.-- (1) Selection of ma region and eligible medicare advantage plans.--The Secretary shall-- (A) select at least two MA regions (as defined in section 1858(a)(2) of the Social Security Act (42 U.S.C. 1395w-27a(a)(2))) with respect to which to conduct the demonstration program under this section; and (B) approve eligible Medicare Advantage plans to participate in such demonstration program. (2) Start of demonstration.--The demonstration program shall begin with respect to the first plan year beginning after the date on which at least two eligible Medicare Advantage plans have been approved by the Secretary in at least one MA region selected under paragraph (1). (3) Eligible medicare advantage plans.--For purposes of this section, the term ``eligible Medicare Advantage plan'' means a Medicare Advantage plan under part C of title XVIII of the Social Security Act (42 U.S.C. 1395w-21 et seq.) that meets the following requirements: (A) The plan is an MA regional plan (as defined in paragraph (4) of section 1859(b) of such Act (42 U.S.C. 1395w-28(b))) or MA local plan (as defined in paragraph (5) of such section) offered in the MA region selected under paragraph (1)(A). (B) The plan has-- (i) a quality rating under section 1853(n)(4) of such Act (42 U.S.C. 1395w- 23(n)(4)) of 4 stars or higher based on the most recent data available for such year; (ii) in the case of a specialized MA plan for special needs individuals, as defined in subsection (b)(6)(A) of section 1859(b)(6)(A) of such Act (42 U.S.C. 1395w-28(b)(6)(A)), received a multi-year approval by the National Committee for Quality Assurance under subsection (f)(7) of such section; or (iii) at least 20 percent of the population to whom the plan is offered consists of subsidy eligible individuals (as defined in section 1860D-14(a)(3)(A) of the Social Security Act (42 U.S.C. 1395w-114(a)(3)(A))). (c) Value-Based Insurance Design Methodologies.-- (1) Definition.--For purposes of this section, the term ``value-based insurance design methodology'' means a methodology for identifying specific prescription medications, and clinical services that are reimbursable under title XVIII of the Social Security Act, for which copayments, coinsurance, or both should be reduced or eliminated because of the high value and effectiveness of such medications and services for specific chronic clinical conditions (as approved by the Secretary). (2) Use of methodologies to reduce copayments and coinsurance.--A Medicare Advantage organization offering an eligible Medicare Advantage plan selected to participate under the demonstration program, for each plan year for which the plan is so selected and using value-based insurance design methodologies-- (A) shall identify each prescription medication and clinical service covered under such plan for which the amount of the copayment or coinsurance should be reduced or eliminated, with respect to the management of specific chronic clinical conditions (as specified by the Secretary) of MA eligible individuals (as defined in section 1851(a)(3) of the Social Security Act (42 U.S.C. 1395w-21(a)(3))) enrolled under such plans, for such plan year; and (B) may, for such plan year, reduce or eliminate copayments, coinsurance, or both for such prescription medication and clinical services so identified with respect to the management of such conditions of such individuals-- (i) if such reduction or elimination is evidence-based, for the purpose of encouraging such individuals in such plan to use such prescription medications and clinical services (such as preventive care, primary care, specialty visits, diagnostic tests, procedures, and durable medical equipment) with respect to such conditions; and (ii) for the purpose of encouraging such individuals in such plan to use health care providers that such organization has identified with respect to such plan year. (3) Prohibition of increases of copayments and coinsurance.--In no case may any Medicare Advantage plan participating in the demonstration program increase, for any plan year for which the plan is so participating, the amount of copayments or coinsurance for any item or service covered under such plan for purposes of discouraging the use of such item or service. (d) Report on Implementation.-- (1) In general.--Not later than 1 year after the date on which the demonstration program under this section begins under subsection (b)(2), the Secretary shall submit to Congress a report on the status of the implementation of the demonstration program. (2) Elements.--The report required by paragraph (1) shall, with respect to eligible Medicare Advantage plans participating in the demonstration program for the first plan year of such program, include the following: (A) A list of each medication and service identified pursuant to subsection (c)(2)(A) for such plan with respect to such plan year. (B) For each such medication or service so identified, the amount of the copayment or coinsurance required under such plan with respect to such plan year for such medication or service and the amount of the reduction of such copayment or coinsurance from the previous plan year. (C) For each provider identified pursuant to subsection (c)(2)(B)(ii) for such plan with respect to such plan year, a statement of the amount of the copayment or coinsurance required under such plan with respect to such plan year and the amount of the reduction of such copayment or coinsurance from the previous plan year. (e) Review and Assessment of Utilization of Value-Based Insurance Design Methodologies.-- (1) In general.--The Secretary shall enter into a contract or agreement with an independent, non-biased entity having expertise in value-based insurance design methodologies to review and assess the implementation of the demonstration program under this section. The review and assessment shall include the following: (A) An assessment of the utilization of value-based insurance design methodologies by Medicare Advantage plans participating under such program. (B) An analysis of whether reducing or eliminating the copayment or coinsurance for each medication and clinical service identified pursuant to subsection (c)(2)(A) resulted in increased adherence to medication regimens, increased service utilization, improvement in quality metrics, better health outcomes, and enhanced beneficiary experience. (C) An analysis of the extent to which costs to Medicare Advantage plans under part C of title XVIII of the Social Security Act participating in the demonstration program is less than costs to Medicare Advantage plans under such part that are not participating in the demonstration program. (D) An analysis of whether reducing or eliminating the copayment or coinsurance for providers identified pursuant to subsection (c)(2)(B)(ii) resulted in improvement in quality metrics, better health outcomes, and enhanced beneficiary experience. (E) An analysis, for each provider so identified, the extent to which costs to Medicare Advantage plans under part C of title XVIII of the Social Security Act participating in the demonstration program is less than costs to Medicare Advantage plans under such part that are not participating in the demonstration program. (F) Such other matters, as the Secretary considers appropriate. (2) Report.--The contract or agreement entered into under paragraph (1) shall require such entity to submit to the Secretary a report on the review and assessment conducted by the entity under such paragraph in time for the inclusion of the results of such report in the report required by paragraph (3). (3) Report to congress.--Not later than 3 years after the date on which the demonstration program begins under subsection (b)(2), the Secretary shall submit to Congress a report on the review and assessment of the demonstration program conducted under this subsection. The report shall include the following: (A) A description of the results of the review and assessment included in the report submitted pursuant to paragraph (2). (B) Such recommendations as the Secretary considers appropriate for enhancing the utilization of the methodologies applied under the demonstration program to all Medicare Advantage plans under part C of title XVIII of the Social Security Act so as to reduce copayments and coinsurance under such plans paid by Medicare beneficiaries for high-value prescription medications and clinical services for which coverage is provided under such plans and to otherwise improve the quality of health care provided under such plans. (f) Expansion of Demonstration Program.--The Secretary shall expand the demonstration program, pursuant to notice and comment rulemaking, to implement, on a permanent basis, the components of the demonstration program that are beneficial to Medicare beneficiaries and the Medicare program, unless the report under subsection (d) or (e)(3) contains an evaluation that the demonstration program-- (1) increases expenditures under title XVIII with respect to Medicare beneficiaries participating in the demonstration program; or (2) decreases the quality of health care services furnished to such Medicare beneficiaries participating in the demonstration program. (g) Waiver Authority.--The Secretary may waive such provisions of titles XI and XVIII of the Social Security Act as may be necessary to carry out the demonstration program under this section. (h) Implementation Funding.--For purposes of carrying out the demonstration program under this section, the Secretary shall provide for the transfer from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Insurance Trust Fund under section 1841 of the Social Security Act (42 U.S.C. 1395t), including the Medicare Prescription Drug Account in such Trust Fund, in such proportion as determined appropriate by the Secretary, of such sums as may be necessary.

Value Based Insurance Design for Better Care Act of 2014 or the VBID for Better Care Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to establish a three-year demonstration program to test the use of value-based insurance design methodologies under the eligible Medicare plans offered by Medicare Advantage organizations under part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act. Defines "value-based insurance design methodology" as one for identifying specific prescription medications, and clinical services reimbursable under Medicare, for which copayments, coinsurance, or both should be reduced or eliminated because of the high-value and effectiveness of these medications and services for specific chronic clinical conditions (as approved by the Secretary). Directs the Secretary to expand the demonstration program to implement, on a permanent basis, those components beneficial to Medicare beneficiaries and the Medicare program, unless a required evaluation of the program states that it: (1) increases expenditures under Medicare with respect to participating beneficiaries, or (2) decreases the quality of health care services furnished to such beneficiaries.

VBID for Better Care Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection Against Wasteful Spending Act of 2014''. SEC. 2. REPORT RECOMMENDATIONS OF WASTEFUL AND EXCESSIVE SPENDING REQUIRED. (a) Implementation of Report Recommendations Required.--With respect to each of fiscal years 2014 through 2020 and except as provided in subsection (b), not later than 4 years after the submission of a report regarding wasteful and excessive spending, or duplicative programs causing wasteful and excessive spending, by an inspector general of an agency (in this Act, referred to as the ``IG report''), the head of the agency shall implement all of the recommendations in such report. (b) Exception.--The implementation requirement in subsection (a) shall not apply to a recommendation by an inspector general that would violate an existing law. With regard to any such recommendation, the head of the relevant agency shall submit to Congress a description of the necessary change to the law to legally implement the recommendation. (c) Report Required.-- (1) Initial report.--Not later than 6 months after the submission of an IG report, or 6 months after the date of the enactment of this Act, whichever is later, the head of the relevant agency shall submit to Congress a report on-- (A) the progress of the implementation of each recommendation in the IG report; (B) the time period required to complete each such implementation; (C) the wasteful and excessive spending, and duplicative programs causing wasteful and excessive spending within each agency described in the IG report; (D) the savings created from the completion of implementing each recommendation; and (E) the reason each recommendation was not implemented before the submission of the IG report. (2) Subsequent reports.--Not later than 13 months, and yearly thereafter until an updated report is submitted for fiscal year 2020, after the submission of an IG report, the head of the relevant agency shall submit to Congress an updated report on the information described in subparagraphs (A) through (E) of paragraph (1). SEC. 3. FAILURE TO IMPLEMENT RECOMMENDATIONS. (a) In General.--Any agency that fails to implement a recommendation from an IG report, that is not an exception under section 2(b), in a timely manner, may not obligate any funds available to such agency for-- (1) convention or seminar attendance and international or domestic travel by any politically-appointed official; or (2) any bonus or salary increase, performance or otherwise, with respect to such an official. (b) Funds Subject to Obligation Limitation.--On the date that is 60 days after the submission of a report pursuant to section 2(c) that shows that an agency has failed to implement a recommendation of an IG report in a timely manner, of the funds prohibited from being obligated pursuant to subsection (a) (if any)-- (1) 50 percent shall be credited to the Highway Trust Fund established under section 9503(a) of the Internal Revenue Code of 1986, to be made available without further appropriation; and (2) 50 percent shall be transferred to the Administrator of the Environmental Protection Agency for making capitalization grants for State water pollution control revolving funds under section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1382), to be made available without further appropriation. (c) Timely Manner Defined.--In this section, the term ``timely manner'' means, as determined by the Director of the Office of Management and Budget, in consultation with the Comptroller General and the inspector general of the relevant agency, with regard to the implementation of a recommendation from an IG report, that is not an exception under section 2(b)-- (1) 30 percent completion of such recommendation within the first year following the submission of the IG report; and (2) 70 percent completion of such recommendation within the second year following the submission of the IG report. SEC. 4. USE OF SAVINGS. Of the savings (if any) from the implementation of a recommendation from an IG report pursuant to this Act-- (1) 50 percent shall be credited to the Highway Trust Fund established under section 9503(a) of the Internal Revenue Code of 1986, to be made available without further appropriation; and (2) 50 percent shall be transferred to the Administrator of the Environmental Protection Agency for making capitalization grants for State water pollution control revolving funds under section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1382), to be made available without further appropriation. SEC. 5. DEFINITIONS. In this Act-- (1) the term ``agency'' has the meaning given that term in section 551 of title 5, United States Code; and (2) the term ``politically-appointed official'' means any employee of the Federal Government who is-- (A) not paid under the General Schedule (chapter 53 of title 5, United States Code); and (B) appointed by the President by and with the advice and consent of the Senate.

Protection Against Wasteful Spending Act of 2014 - Requires the head of a federal agency to: (1) implement in each of fiscal years 2014-2020 all of the recommendations of the agency's inspector general (IG) regarding wasteful and excessive spending, or duplicative programs causing wasteful and excessive spending, except for any recommendation that would violate an existing law; and (2) report to Congress on such implementation. Prohibits an agency that fails to implement an IG recommendation in a timely manner from obligating funds for: (1) convention or seminar attendance and international or domestic travel by any politically-appointed official, or (2) any bonus or salary increase for such official. Directs that such funds that are prohibited from being obligated and amounts saved by the implementation of IG recommendations be credited or transferred equally to: (1) the Highway Trust Fund, and (2) the Administrator of the Environmental Protection Agency (EPA) for capitalization grants for state water pollution control revolving funds under the Clean Water Act.

Protection Against Wasteful Spending Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Health Care Facility Improvement Act of 2002''. SEC. 2. GUARANTEED LOANS FOR RURAL HEALTH FACILITIES. Title VI of the Public Health Service Act (42 U.S.C. 291 et seq.) is amended by adding at the end the following: ``PART E--RURAL HEALTH FACILITIES ``SEC. 651. GUARANTEED LOANS FOR RURAL HEALTH FACILITIES. ``(a) Authorization of Loan Guarantees.-- ``(1) Establishment.--The Secretary is authorized to establish a program under which the Secretary may guarantee 100 percent of the principal and interest on loans made by non- Federal lenders to rural health facilities to pay for the costs of-- ``(A) buying new or repairing existing infrastructure; and ``(B) buying new or repairing existing technology. ``(2) Total loan amount available.--The Secretary is authorized to guarantee not more than-- ``(A) $250,000,000 in the aggregate of the principal and interest on loans for rural health facilities under paragraph (1); and ``(B) $5,000,000 of the principal and interest on loans under paragraph (1) for each rural health facility. ``(b) Protection of Financial Interests.--The Secretary may not approve a loan guarantee under this section unless the Secretary determines that-- ``(1) the terms, conditions, security (if any), and schedule and amount of repayments with respect to the loan are sufficient to protect the financial interests of the United States and are otherwise reasonable, including a determination that the rate of interest does not exceed such percent per annum on the principal obligation outstanding as the Secretary determines to be reasonable, taking into account the range of interest rates prevailing in the private market for similar loans and the risks assumed by the United States, except that the Secretary may not require as security any rural health facility asset that is, or may be, needed by the rural health facility involved to provide health services; ``(2) the loan would not be available on reasonable terms and conditions without the guarantee under this section; and ``(3) amounts appropriated for the program under this section are sufficient to provide loan guarantees under this section. ``(c) Recovery of Payments.-- ``(1) In general.--The United States shall be entitled to recover from the applicant for a loan guarantee under this section the amount of any payment made pursuant to such guarantee, unless the Secretary for good cause waives such right of recovery (subject to appropriations remaining available to permit such a waiver) and, upon making any such payment, the United States shall be subrogated to all of the rights of the recipient of the payments with respect to which the guarantee was made. Amounts recovered under this section shall be credited as reimbursements to the financing account of the program established under this section. ``(2) Modification of terms and conditions.--To the extent permitted by paragraph (3) and subject to the requirements of section 504(e) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c(e)), any terms and conditions applicable to a loan guarantee under this section (including terms and conditions imposed under paragraph (4)) may be modified or waived by the Secretary to the extent the Secretary determines it to be consistent with the financial interest of the United States. ``(3) Incontestability.--Any loan guarantee made by the Secretary under this section shall be incontestable-- ``(A) in the hands of an applicant on whose behalf such guarantee is made unless the applicant engaged in fraud or misrepresentation in securing such guarantee; and ``(B) as to any person (or successor in interest) who makes or contracts to make a loan to such applicant in reliance thereon unless such person (or successor in interest) engaged in fraud or misrepresentation in making or contracting to make such loan. ``(4) Further terms and conditions.--Guarantees of loans under this section shall be subject to such further terms and conditions as the Secretary determines to be necessary to assure that the purposes of this section will be achieved. ``(d) Defaults.-- ``(1) In general.--Subject to the requirements of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), the Secretary may take such action as may be necessary to prevent a default on a loan guaranteed under this section, including the waiver of regulatory conditions, deferral of loan payments, renegotiation of loans, and the expenditure of funds for technical and consultative assistance, for the temporary payment of the interest and principal on such a loan, and for other purposes. Any such expenditure made under the preceding sentence on behalf of a rural health facility shall be made under such terms and conditions as the Secretary shall prescribe, including the implementation of such organizational, operational, and financial reforms as the Secretary determines are appropriate and the disclosure of such financial or other information as the Secretary may require to determine the extent of the implementation of such reforms. ``(2) Foreclosure.--The Secretary may take such action, consistent with State law respecting foreclosure procedures and, with respect to reserves required for furnishing services on a prepaid basis, subject to the consent of the affected States, as the Secretary determines appropriate to protect the interest of the United States in the event of a default on a loan guaranteed under this section, except that the Secretary may only foreclose on assets offered as security (if any) in accordance with subsection (b). ``(e) Nonapplication of Part D.--The provisions of part D shall not apply to this part. ``(f) Definitions.--In this part: ``(1) Non-federal lender.--The term `non-Federal lender' means any entity other than an agency or instrumentality of the Federal Government authorized by law to make such loan, including a federally insured bank, a lending institution authorized or licensed by the State in which it resides to make such loans, and a State or municipal bonding authority or such authority's designee. ``(2) Rural area.--The term `rural area' has the meaning given the term in section 1886(d)(2)(D) of the Social Security Act (42 U.S.C. 1395ww(d)(2)(D)). ``(3) Rural health facility.--The term `rural health facility' includes-- ``(A) rural health clinics (as defined in section 1861(aa)(2) of the Social Security Act (42 U.S.C. 1395x(aa)(2))); ``(B) critical access hospitals (as defined in section 1861(mm)(1) of the Social Security Act (42 U.S.C. 1395x(mm)(1))) that are located in rural areas; ``(C) hospitals (as defined in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e))) that are located in rural areas; ``(D) skilled nursing facilities (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a))) that are located in rural areas; ``(E) health centers (as defined in section 330) that are located in rural areas; ``(F) federally qualified health centers (as defined in section 1861(aa)(3) of the Social Security Act (42 U.S.C. 1395x(aa)(3))); and ``(G) nursing homes (as defined in section 1908(e) of the Social Security Act (42 U.S.C. 1396g(e))) that are located in rural areas.''.

Rural Health Care Facility Improvement Act of 2002 - Amends the Public Health Service Act to authorizes the Secretary of Health and Human Services to establish a loan guarantee program for rural health facilities. Defines rural health facility to include the following facilities found in rural areas: health clinics, critical access hospitals, hospitals, skilled nursing facilities, health centers, federally qualified health centers, and nursing homes. Covers the purchase of new and the repair of existing infrastructure and technology. Sets forth loan limits.Entitles the United States to subrogation and makes such loan guarantees incontestable. Authorizes the Secretary to take such action as may be necessary to prevent a default, subject to the requirements of the Federal Credit Reform Act of 1990. Permits the Secretary to foreclose, as specified.

A bill to amend the Public Health Service Act to authorize loan guarantees for rural health facilities to buy new and repair existing infrastructure and technology.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Down Payment to Protect National Security Act of 2012''. SEC. 2. REDUCTION IN THE NUMBER OF FEDERAL EMPLOYEES. (a) Definition.--In this section, the term ``agency'' has the meaning given the term ``Executive agency'' under section 105 of title 5, United States Code. (b) Determination of Number of Employees.--Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall determine the number of full-time employees employed in each agency. The head of each agency shall cooperate with the Director of the Office of Management and Budget in making the determinations. (c) Replacement Hire Rate.-- (1) In general.--During the period described under paragraph (2), the head of each agency may hire no more than 2 employees in that agency for every 3 employees who leave employment in that agency. (2) Period of replacement hire rate.--Paragraph (1) shall apply to each agency during the period beginning 60 days after the date of enactment of this Act through the date on which the Director of the Office of Management and Budget makes a determination that the number of full-time employees employed in that agency is 5 percent less than the number of full-time employees employed in that agency determined under subsection (a). (d) Waivers.--This section may be waived upon a determination by the President that-- (1) the existence of a state of war or other national security concern so requires; or (2) the existence of an extraordinary emergency threatening life, health, public safety, property, or the environment so requires. SEC. 3. EXTENSION OF PAY FREEZE FOR FEDERAL EMPLOYEES. (a) In General.--Section 147 of the Continuing Appropriations Act, 2011 (Public Law 111-242; 5 U.S.C. 5303 note) is amended-- (1) in subsection (b)(1), by striking ``December 31, 2012'' and inserting ``June 30, 2014''; and (2) in subsection (c), by striking ``December 31, 2012'' and inserting ``June 30, 2014''. (b) Clarification That Freeze Applies to Members of Congress.-- Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) (relating to cost of living adjustments for Members of Congress) during the period beginning on the first day of the first pay period beginning on or after February 1, 2013 and ending on June 30, 2014. SEC. 4. REDUCTION OF REVISED DISCRETIONARY SPENDING LIMITS TO ACHIEVE SAVINGS FROM FEDERAL EMPLOYEE PROVISIONS. Paragraph (2) of section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) is amended to read as follows: ``(2) Revised discretionary spending limits.--The discretionary spending limits for fiscal years 2013 through 2021 under section 251(c) shall be replaced with the following: ``(A) For fiscal year 2013-- ``(i) for the revised security category, $546,000,000,000 in budget authority; and ``(ii) for the revised nonsecurity category, $501,000,000,000 in budget authority. ``(B) For fiscal year 2014-- ``(i) for the revised security category, $551,000,000,000 in budget authority; and ``(ii) for the revised nonsecurity category, $500,000,000,000 in budget authority. ``(C) For fiscal year 2015-- ``(i) for the revised security category, $560,000,000,000 in budget authority; and ``(ii) for the revised nonsecurity category, $510,000,000,000 in budget authority. ``(D) For fiscal year 2016-- ``(i) for the revised security category, $571,000,000,000 in budget authority; and ``(ii) for the revised nonsecurity category, $520,000,000,000 in budget authority. ``(E) For fiscal year 2017-- ``(i) for the revised security category, $584,000,000,000 in budget authority; and ``(ii) for the revised nonsecurity category, $531,000,000,000 in budget authority. ``(F) For fiscal year 2018-- ``(i) for the revised security category, $598,000,000,000 in budget authority; and ``(ii) for the revised nonsecurity category, $543,000,000,000 in budget authority. ``(G) For fiscal year 2019-- ``(i) for the revised security category, $610,000,000,000 in budget authority; and ``(ii) for the revised nonsecurity category, $556,000,000,000 in budget authority. ``(H) For fiscal year 2020-- ``(i) for the revised security category, $624,000,000,000 in budget authority; and ``(ii) for the revised nonsecurity category, $568,000,000,000 in budget authority. ``(I) For fiscal year 2021-- ``(i) for the revised security category, $638,000,000,000 in budget authority; and ``(ii) for the revised nonsecurity category, $579,000,000,000 in budget authority.''. SEC. 5. CALCULATION OF TOTAL DEFICIT REDUCTION. Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) is amended-- (1) in paragraph (3)-- (A) in subparagraph (A), by striking ``$1,200,000,000,000'' and inserting ``$1,073,000,000,000''; and (B) in subparagraph (D), by striking ``by 9'' and inserting ``by 8''; (2) in paragraph (4), by striking ``On January 2, 2013, for fiscal year 2013, and in'' and inserting ``In''; (3) in paragraphs (5) and (6), by striking ``2013'' each place it appears and inserting ``2014''; and (4) in paragraph (7)-- (A) by striking ``reductions.--'' and all that follows through ``Fiscal years 2014-2021.--On the date'' and inserting ``reductions.--On the date''; and (B) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and adjusting the margin accordingly.

Down Payment to Protect National Security Act of 2012 - Requires the Director of the Office of Management and Budget (OMB) to determine the number of full-time employees employed in each federal agency. Prohibits a federal agency head from hiring more than 2 employee for every 3 full-time employees who leave employment in such agency until the OMB Director makes a determination that the number of full-time federal employees is 5% less than the initial level as determined by OMB. Allows a waiver of such workforce limitation by the President for national security reasons or in the case of an extraordinary emergency. Amends the Continuing Appropriations Act, 2011 to extend the freeze on the pay of federal employees, including Members of Congress, until June 30, 2014. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), as amended by the Budget Control Act of 2011, to offset mandatory sequestration in security and nonsecurity categories in FY2013-FY2021 with revenues resulting from the reduction in the federal workforce and the pay freeze under this Act.

A bill to amend the Balanced Budget and Emergency Deficit Control Act of 1985 to modify the discretionary spending limits to take into account savings resulting from the reduction in the number of Federal employees and extending the pay freeze for Federal employees.

SECTION 1. MAXIMUM SPENDING AMOUNTS. Section 601(a)(1) of the Congressional Budget Act of 1974 is amended to read as follows: ``(1) Maximum spending amount.--The term `maximum spending amount' means-- ``(A) with respect to fiscal year 1996, $1,562,000,000,000 in outlays; ``(B) with respect to fiscal year 1997, $1,593,000,000,000 in outlays; ``(C) with respect to fiscal year 1998, $1,625,000,000,000 in outlays; ``(D) with respect to fiscal year 1999, $1,658,000,000,000 in outlays; ``(E) with respect to fiscal year 2000, $1,691,000,000,000 in outlays; ``(F) with respect to fiscal year 2001, $1,725,000,000,000 in outlays; and ``(G) with respect to fiscal year 2002, $1,760,000,000,000 in outlays.''. SEC. 2. ENFORCING MAXIMUM SPENDING SEQUESTRATION. (a) Sequestration.--Section 253(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``(a) Sequestration.--Within 15 days after Congress adjourns to end a session (other than the One Hundred Fourth Congress), and on the same day as sequestration (if any) under sections 251 and 252, but after any sequestration required by those sections, there shall be a sequestration (if necessary) to reduce total Federal spending to the maximum permissible level as set forth in section 601(a)(1) of the Congressional Budget Act of 1974.''. (b) Conforming Amendment to Heading.--The section heading of section 253 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``SEC. 253. ENFORCING MAXIMUM SPENDING LIMITS.''. (c) Additional Conforming Amendments.--Section 253 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) by repealing subsections (b), (g), and (h), and by redesignating subsections (c), (d), (e), and (f), as subsections (b), (c), (d), and (e), respectively; (2) in subsection (b) (as redesignated), by amending the first sentence to read as follows: ``To reduce total Federal spending to the maximum permissible level for a budget year, 20 percent of the required outlay reductions shall be obtained from non-exempt defense accounts (accounts designated as function 050 in the President's fiscal year 1995 budget submission) and 80 percent from non-exempt, non-defense accounts (all other non-exempt accounts).''; (3) in subsection (c) (as redesignated), by striking ``subsection (c)'' and inserting ``subsection (b)''; and (4) in subsection (e) (as redesignated), by striking ``(b), (c), (d), and (e)'' and inserting ``(b), (c), and (d)'' and by striking ``(d) or (e)'' and inserting ``(c) or (d)''. (d) Look-Back Sequester.--Section 253 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subsection: ``(f) Look-Back Sequester.-- ``(1) In general.--On July 1 of each fiscal year, the Director of OMB shall determine if laws effective during the current fiscal year will cause the spending to exceed the maximum spending amount for such fiscal year. If the limit is exceeded, there shall be a preliminary sequester on July 1 to eliminate the excess. ``(2) Permanent sequester.--Budget authority sequestered on July 1 pursuant to paragraph (1) shall be permanently canceled on July 15. ``(3) No margin.--The margin for determining a sequester under this subsection shall be zero. ``(4) Sequestration procedures.--The provision of subsections (b), (c), and (d) of this section shall apply to a sequester under this subsection.''. (e) Reports.--Section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) by striking subsection (c); (2) in subsection (d)(1), by striking ``deficit sequestration'' and inserting ``total spending sequestration''; (3) in subsection (d) by repealing paragraph (4) and inserting the following new paragraph: ``(4) Total Spending Sequestration Reports.--The preview reports shall set forth for the budget year estimates for each of the following: ``(A) The amount of reductions required from defense accounts and the reductions required from non- defense accounts. ``(B) The sequestration percentage necessary to achieve the required reduction in defense accounts under section 253(c). ``(C) The reductions required under sections 253(d)(1) and 253(d)(2). ``(D) The sequestration percentage necessary to achieve the required reduction in non-defense accounts under section 253(d)(3).''; and (4) in subsection (g)(3), by striking ``Deficit'' and inserting ``Total Spending'' in the side heading and in the first sentence by striking ``deficit'' and inserting ``total spending''. (f) Conforming Amendment to Table of Contents.--The item relating to section 253 is amended by striking ``Enforcing deficit targets'' and inserting ``Enforcing maximum spending limits''. SEC. 3. TOTAL SPENDING POINT OF ORDER. (a) Total Spending Point of Order.--Section 605(b) of the Congressional Budget Act of 1974 is amended to read as follows: ``(b) Total Spending Point of Order.-- ``(1) In general.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or conference report that includes any provision that would result in total spending for a fiscal year that exceeds the maximum permissible total spending amount for such fiscal year as set forth in section 601(a)(1). ``(2) Waiver or suspension.--This subsection may be waived or suspended in the House of Representatives or the Senate only by the affirmative vote of three-fifths of its Members, duly chosen and sworn.''.

Amends the Congressional Budget Act of 1974 to establish maximum spending amounts for FY 1996 through 2002. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to revise sequestration procedures for enforcement. Requires look-back sequestration in the last quarter of each fiscal year. Revises preview sequestration reports to include total spending (instead of deficit spending). Makes it out of order in the House of Representatives or the Senate to consider legislation that would result in total spending exceeding maximum permissible total spending, unless waived or suspended by a three-fifths vote of Members of each House.

To amend the Congressional Budget Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985 to limit the rate of growth of Federal outlays to 2 percent per year.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Resuming Education After Defense Service Act of 2005''. SEC. 2. EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL FOR MEMBERS OF THE SELECTED RESERVE WHO AGGREGATE MORE THAN 2 YEARS OF ACTIVE DUTY SERVICE DURING ANY 5-YEAR PERIOD. (a) Entitlement.--Section 3012(a)(1) of title 38, United States Code, is amended-- (1) in subparagraph (B), by striking ``or'' at the end; (2) in subparagraph (C), by adding ``or'' at the end; and (3) by inserting after subparagraph (C) the following new subparagraph (D): ``(D) while in the Selected Reserve-- ``(i) is first ordered to serve on active duty in the Armed Forces under section 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10, during the period beginning on September 11, 2001, and ending December 31, 2006; and ``(ii) serves on active duty in the Armed Forces for one or more periods (whether continuous or otherwise) aggregating not less than two years of service on active duty during a five-year period beginning on the date the individual is first ordered to serve on active duty during the period referred to in clause (i);''. (b) Duration of Assistance.--Section 3013(b) of such title is amended by striking ``is entitled to'' and all that follows and inserting the following: ``is entitled to-- ``(1) one month of educational assistance benefits under this chapter-- ``(A) in the case of an individual described in section 3012(a)(1)(A) of this title, for each month of continuous active duty served by such individual after June 30, 1985, as part of the obligated period of active duty on which such entitlement is based; ``(B) in the case of an individual described in section 3012(a)(1)(B) of this title, for each month of continuous active duty served by such individual after June 30, 1985; or ``(C) in the case of an individual described in section 3012(a)(1)(D) of this title, for each month of active duty served by such individual after September 11, 2001, as part of the aggregate period of active duty on which such entitlement is based; and ``(2) one month of educational assistance benefits under this chapter for each four months served by such individual in the Selected Reserve after the applicable date specified in paragraph (1) (other than any month in which the individual served on active duty).''. (c) Amount of Assistance.--Section 3015 of such title is amended-- (1) in subsections (a)(1)(D) and (b)(1)(D), by striking ``subsection (h)'' and inserting ``subsection (i)''; (2) by redesignating subsection (h) as subsection (i); and (3) by inserting after subsection (g) the following new subsection (h): ``(h) In the case of an individual entitled to an educational assistance allowance under section 3012(a)(1)(D) of this title, the amount of the basic educational assistance allowance payable under this chapter is the amount determined under subsection (b) of this section.''. (d) Contribution.--Subsection (c) of section 3012 of such title is amended-- (1) in paragraph (1), by striking ``Except as provided in paragraph (2)'' and inserting `Except as provided in paragraphs (2) and (3)''; (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (3) by inserting after paragraph (1) the following new paragraph: ``(2) The basic pay of any individual described in subsection (a)(1)(D) who does not make an election under subsection (d)(1) shall be reduced by $100 for each of the first 12 months of active duty service (whether continuous or otherwise) that such individual is entitled to such pay.''. (e) Election to Opt Out.--Subsection (d)(1) of section 3012 of such title is amended by striking ``in subsection (a)(1)(A) of this section'' and inserting ``in subsection (a)(1)(A) or (a)(1)(D)''. (f) Outreach.--(1) The Secretaries concerned shall take actions to inform members of the Selected Reserve who are or may become entitled to basic educational assistance benefits under chapter 30 of title 38, United States Code, as a result of section 3012(a)(1)(D) of such title (as amended by subsection (a) of this section) of the minimum service requirements for entitlement to such benefits under that chapter and of the scope and nature of such benefits. (2) In this subsection: (A) The term ``Secretary concerned'' has the meaning given such term in section 101(25) of title 38, United States Code. (B) The term ``Selected Reserve'' has the meaning given such term in section 3002(4) of title 38, United States Code.

Resuming Education After Defense Service Act of 2005 - Makes eligible for basic educational assistance under the Montgomery GI Bill a member of the Selected Reserve who (among other qualifications), during the period beginning on September 11, 2001, and ending on December 31, 2006, serves on active duty in the Armed Forces for one or more periods aggregating not less than two years. Entitles such individuals to one month of educational assistance for each month served on active duty. Makes the amount of such assistance equivalent to that provided for active-duty personnel who have served a minimum of two years of active duty. Requires the basic pay of qualifying members to be reduced by $100 for each of first 12 months of such active duty service. Requires the Secretaries of the military departments concerned to inform eligible Selected Reserve personnel of such entitlement.

To amend title 38, United States Code, to provide entitlement to educational assistance under the Montgomery GI Bill for members of the Selected Reserve who aggregate more than 2 years of active duty service in any five year period, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Health Research and Prevention Amendments of 1998''. TITLE I--PROVISIONS RELATING TO WOMEN'S HEALTH RESEARCH AT NATIONAL INSTITUTES OF HEALTH SEC. 101. RESEARCH ON DRUG DES; NATIONAL PROGRAM OF EDUCATION. (a) Research.--Section 403A(e) of the Public Health Service Act (42 U.S.C. 283a(e)) is amended by striking ``1996'' and inserting ``2003''. (b) National Program for Education of Health Professionals and Public.--Title XVII of the Public Health Service Act (42 U.S.C. 300u et seq.) is amended by adding at the end the following: ``education regarding des ``Sec. 1710. (a) In General.--The Secretary, acting through the heads of the appropriate agencies of the Public Health Service, shall carry out a national program for the education of health professionals and the public with respect to the drug diethylstilbestrol (commonly known as DES). To the extent appropriate, such national program shall use methodologies developed through the education demonstration program carried out under section 403A. In developing and carrying out the national program, the Secretary shall consult closely with representatives of nonprofit private entities that represent individuals who have been exposed to DES and that have expertise in community-based information campaigns for the public and for health care providers. The implementation of the national program shall begin during fiscal year 1999. ``(b) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1999 through 2003. The authorization of appropriations established in the preceding sentence is in addition to any other authorization of appropriation that is available for such purpose.''. SEC. 102. RESEARCH ON OSTEOPOROSIS, PAGET'S DISEASE, AND RELATED BONE DISORDERS. Section 409A(d) of the Public Health Service Act (42 U.S.C. 284e(d)) is amended by striking ``and 1996'' and inserting ``through 2003''. SEC. 103. RESEARCH ON CANCER. (a) Research on Breast Cancer.--Section 417B(b)(1) of the Public Health Service Act (42 U.S.C. 286a-8(b)(1)) is amended-- (1) in subparagraph (A), by striking ``and 1996'' and inserting ``through 2003''; and (2) in subparagraph (B), by striking ``and 1996'' and inserting ``through 2003''. (b) Research on Ovarian and Related Cancer Research.--Section 417B(b)(2) of the Public Health Service Act (42 U.S.C. 286a-8(b)(2)) is amended by striking ``and 1996'' and inserting ``through 2003''. SEC. 104. RESEARCH ON HEART ATTACK, STROKE, AND OTHER CARDIOVASCULAR DISEASES IN WOMEN. Subpart 2 of part C of title IV of the Public Health Service Act (42 U.S.C. 285b et seq.) is amended by inserting after section 424 the following: ``heart attack, stroke, and other cardiovascular diseases in women ``Sec. 424A. (a) In General.--The Director of the Institute shall expand, intensify, and coordinate research and related activities of the Institute with respect to heart attack, stroke, and other cardiovascular diseases in women. ``(b) Coordination With Other Institutes.--The Director of the Institute shall coordinate activities under subsection (a) with similar activities conducted by the other national research institutes and agencies of the National Institutes of Health to the extent that such Institutes and agencies have responsibilities that are related to heart attack, stroke, and other cardiovascular diseases in women. ``(c) Certain Programs.--In carrying out subsection (a), the Director of the Institute shall conduct or support research to expand the understanding of the causes of, and to develop methods for preventing, cardiovascular diseases in women. Activities under such subsection shall include conducting and supporting the following: ``(1) Research to determine the reasons underlying the prevalence of heart attack, stroke, and other cardiovascular diseases in women, including African-American women and other women who are members of racial or ethnic minority groups. ``(2) Basic research concerning the etiology and causes of cardiovascular diseases in women. ``(3) Epidemiological studies to address the frequency and natural history of such diseases and the differences among men and women, and among racial and ethnic groups, with respect to such diseases. ``(4) The development of safe, efficient, and cost-effective diagnostic approaches to evaluating women with suspected ischemic heart disease. ``(5) Clinical research for the development and evaluation of new treatments for women, including rehabilitation. ``(6) Studies to gain a better understanding of methods of preventing cardiovascular diseases in women, including applications of effective methods for the control of blood pressure, lipids, and obesity. ``(7) Information and education programs for patients and health care providers on risk factors associated with heart attack, stroke, and other cardiovascular diseases in women, and on the importance of the prevention or control of such risk factors and timely referral with appropriate diagnosis and treatment. Such programs shall include information and education on health-related behaviors that can improve such important risk factors as smoking, obesity, high blood cholesterol, and lack of exercise. ``(d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1999 through 2003. The authorization of appropriations established in the preceding sentence is in addition to any other authorization of appropriation that is available for such purpose.''. SEC. 105. AGING PROCESSES REGARDING WOMEN. Section 445H of the Public Health Service Act (42 U.S.C. 285e-10) is amended-- (1) by striking ``The Director'' and inserting ``(a) The Director''; and (2) by adding at the end the following subsection: ``(b) For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1999 through 2003. The authorization of appropriations established in the preceding sentence is in addition to any other authorization of appropriation that is available for such purpose.''. SEC. 106. OFFICE OF RESEARCH ON WOMEN'S HEALTH. Section 486(d)(2) of the Public Health Service Act (42 U.S.C. 287d(d)(2)) is amended by striking ``Director of the Office'' and inserting ``Director of NIH''. TITLE II--PROVISIONS RELATING TO WOMEN'S HEALTH AT CENTERS FOR DISEASE CONTROL AND PREVENTION SEC. 201. NATIONAL CENTER FOR HEALTH STATISTICS. Section 306(n) of the Public Health Service Act (42 U.S.C. 242k(n)) is amended-- (1) in paragraph (1), by striking ``through 1998'' and inserting ``through 2003''; and (2) in paragraph (2), by striking ``through 1998'' and inserting ``through 2003''. SEC. 202. NATIONAL PROGRAM OF CANCER REGISTRIES. Section 399L(a) of the Public Health Service Act (42 U.S.C. 280e- 4(a)) is amended by striking ``through 1998'' and inserting ``through 2003''. SEC. 203. NATIONAL BREAST AND CERVICAL CANCER EARLY DETECTION PROGRAM. (a) Services.--Section 1501(a)(2) of the Public Health Service Act (42 U.S.C. 300k(a)(2)) is amended by inserting before the semicolon the following: ``and support services such as case management''. (b) Providers of Services.--Section 1501(b) of the Public Health Service Act (42 U.S.C. 300k(b)) is amended-- (1) in paragraph (1), by striking ``through grants'' and all that follows and inserting the following: ``through grants to public and nonprofit private entities and through contracts with public and private entities.''; and (2) by striking paragraph (2) and inserting the following: ``(2) Certain applications.--If a nonprofit private entity and a private entity that is not a nonprofit entity both submit applications to a State to receive an award of a grant or contract pursuant to paragraph (1), the State may give priority to the application submitted by the nonprofit private entity in any case in which the State determines that the quality of such application is equivalent to the quality of the application submitted by the other private entity.''. (c) Authorizations of Appropriations.-- (1) Supplemental grants for additional preventive health services.--Section 1509(d)(1) of the Public Health Service Act (42 U.S.C. 300n-4a(d)(1)) is amended by striking ``through 1998'' and inserting ``through 2003''. (2) General program.--Section 1510(a) of the Public Health Service Act (42 U.S.C. 300n-5(a)) is amended by striking ``through 1998'' and inserting ``through 2003''. SEC. 204. CENTERS FOR RESEARCH AND DEMONSTRATION OF HEALTH PROMOTION. Section 1706(e) of the Public Health Service Act (42 U.S.C. 300u- 5(e)) is amended by striking ``through 1998'' and inserting ``through 2003''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: Provisions Relating to Women's Health Research at National Institutes of Health Title II: Provisions Relating to Women's Health at Centers for Disease Control and Prevention Women's Health Research and Prevention Amendments of 1998 - Title I: Provisions Relating to Women's Health Research at National Institutes of Health - Amends the Public Health Service Act to extend the authorization of appropriations for programs regarding diethylstilbestrol (DES). Mandates a program of education of health professionals and the public concerning DES. Authorizes appropriations. (Sec. 102) Extends the authorizations of appropriations for: (1) research on osteoporosis, Paget's disease, and related bone disorders; (2) breast cancer programs; and (3) programs on ovarian and other cancers of the reproductive system of women. (Sec. 104) Mandates expansion, intensification, and coordination of research and related activities of the National Heart, Lung, and Blood Institute regarding heart attack, stroke, and other cardiovascular diseases in women. Authorizes appropriations. (Sec. 105) Extends the authorization of appropriations for research on the aging processes of women. (Sec. 106) Requires that the Director of the National Institutes of Health (currently, the Director of the Office of Research on Women's Health) appoint members of the Advisory Committee on Women's Health. Title II: Provisions Relating to Women's Health at Centers for Disease Control and Prevention - Extends the authorization of appropriations for the National Center for Health Statistics and the National Program of Cancer Registries. (Sec. 203) Authorizes grants to States to ensure the provision to women screened for breast or cervical cancer of support services such as case management. Allows certain breast and cervical cancer programs to be carried out through grants to public and nonprofit private entities and contracts with public or private entities (currently, through grants and contracts with public or nonprofit private entities). Allows a State to give priority to a nonprofit entity over an entity that is not a nonprofit if the quality of the entities' applications are equivalent. Extends authorizations of appropriations for: (1) annual evaluations of programs relating to preventive health measures regarding breast and cervical cancers; and (2) various breast and cervical cancer preventive health measures. (Sec. 204) Extends the authorization of appropriations for centers for research and demonstration regarding health promotion and disease prevention.

Women's Health Research and Prevention Amendments of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Municipal Biological Monitoring Use Act''. SEC. 2. BIOLOGICAL MONITORING AT PUBLICLY OWNED TREATMENT WORKS, MUNICIPAL SEPARATE STORM SEWER SYSTEMS, AND MUNICIPAL COMBINED SEWER OVERFLOWS, INCLUDING CONTROL FACILITIES, AND OTHER WET WEATHER CONTROL FACILITIES. (a) Biological Monitoring Criteria.--Section 303(c)(2) of the Federal Water Pollution Control Act (33 U.S.C. 1313(c)(2)) is amended-- (1) in subparagraph (B)-- (A) by striking the period at the end and inserting the following: ``: Provided, That for publicly owned treatment works, municipal separate storm sewer systems, and municipal combined sewer overflows, including control facilities, and other wet weather control facilities, nothing in this Act shall be construed to authorize the use of water quality standards or permit effluent limitations which result in the finding of a violation upon failure of whole effluent toxicity tests or biological monitoring tests.''; and (B) by inserting after the third sentence the following: ``Criteria for biological monitoring or whole effluent toxicity shall employ an aquatic species that is indigenous to the type of waters, a species that is representative of such species, or such other appropriate species as will indicate the toxicity of the effluent in the specific receiving waters. Such criteria shall take into account the natural biological variability of the species, and shall ensure that the accompanying test method accurately represents actual in-stream conditions, including conditions associated with dry and wet weather.''; and (2) by adding at the end the following: ``(C) Where the permitting authority determines that the discharge from a publicly owned treatment works, a municipal separate storm sewer system, or municipal combined sewer overflows, including control facilities, or other wet weather control facilities causes, has the reasonable potential to cause, or contributes to an in-stream excursion above a narrative or numeric criterion for whole effluent toxicity, the permit may contain terms, conditions, or limitations requiring further analysis, identification evaluation, or reduction evaluation of such effluent toxicity. Such terms, conditions, or limitations meeting the requirements of this section may be utilized in conjunction with a municipal separate storm sewer system, or municipal combined sewer overflows, including control facilities, or other wet weather control facilities only upon a demonstration that such terms, conditions, or limitations are technically feasible, accurately represent toxicity associated with wet weather conditions, and can materially assist in an identification evaluation or reduction evaluation of such toxicity.''. (b) Information on Water Quality Criteria.--Section 304(a)(8) of the Federal Water Pollution Control Act (33 U.S.C. 1314(a)(8)) is amended by inserting ``, consistent with subparagraphs (B) and (C) of section 303(c)(2),'' after ``publish''. (c) Use of Biological Monitoring or Whole Effluent Toxicity Testing at Publicly Owned Treatment Works, Municipal Separate Storm Sewer Systems, or Municipal Combined Sewer Overflows, Including Control Facilities, or Other Wet Weather Control Facilities.--Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: ``(q) Use of Biological Monitoring or Whole Effluent Toxicity Testing at Publicly Owned Treatment Works, Municipal Separate Storm Sewer Systems, or Municipal Combined Sewer Overflows, Including Control Facilities, or Other Wet Weather Control Facilities.-- ``(1) In general.--Where the Administrator determines that it is necessary in accordance with subparagraphs (B) and (C) of section 303(c)(2) to include biological monitoring, whole effluent toxicity testing, or assessment methods as a term, condition, or limitation in a permit issued to a publicly owned treatment works, a municipal separate storm sewer system, or a municipal combined sewer overflow, including a control facility, or other wet weather control facility pursuant to this section, such permit term, condition, or limitation shall be in accordance with such subparagraphs. ``(2) Responding to test failures.--If a permit issued under this section contains terms, conditions, or limitations requiring biological monitoring or whole effluent toxicity testing designed to meet criteria for biological monitoring or whole effluent toxicity, the permit may establish procedures for further analysis, identification evaluation, or reduction evaluation of such toxicity. The permit shall allow the permittee to discontinue such procedures, subject to future reinitiation of such procedures upon a showing by the permitting authority of changed conditions, if the source of such toxicity cannot, after thorough investigation, be identified. ``(3) Test failure not a violation.--The failure of a biological monitoring test or a whole effluent toxicity test at a publicly owned treatment works, a municipal separate storm sewer system, or a municipal combined sewer overflow, including a control facility, or other wet weather control facility shall not result in a finding of a violation under this Act.''.

Municipal Biological Monitoring Use Act - Amends the Federal Water Pollution Control Act relating to a State's adoption of water quality standards to provide that, with respect to publicly owned treatment works, municipal separate storm sewer systems, and municipal combined sewer overflows (public sewer facilities), nothing in such Act shall be construed to authorize the use of water quality standards or permit effluent limitations which result in a finding of a violation upon failure of whole effluent toxicity or biological monitoring tests. Requires criteria for such testing to employ an aquatic species that is indigenous to the type of waters, a species that is representative of such species, or other appropriate species to indicate the toxicity of the effluent in the specific receiving waters, taking into account the natural biological variability of the species. States that where the permitting authority determines that the discharge from a public sewer facility has reasonable potential to cause or contribute to an in-stream excursion above the criterion for whole effluent toxicity, the permit may contain terms, conditions and limitations requiring further toxicity analysis and evaluation. Directs the Administrator of the Environmental Protection Agency to follow the above criteria when the Administrator determines that it is necessary to include biological monitoring, whole effluent toxicity testing, or assessment methods as a permit term, condition or limitation issued to a public sewer facility. States that the failure of a biological monitoring or whole effluent toxicity test at a public sewer facility shall not result in a finding of a violation under the Federal Water Pollution Control Act.

Municipal Biological Monitoring Use Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Fair Share Tax Act''. SEC. 2. LIMITATION ON INTEREST DEDUCTION FOR EXCESSIVE INTEREST OF MEMBERS OF FINANCIAL REPORTING GROUPS. (a) In General.--Section 163 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following: ``(n) Limitation on Excessive Interest of Members of Financial Reporting Groups.-- ``(1) Limitation.-- ``(A) In general.--If this subsection applies to any corporation for any taxable year, no deduction shall be allowed under this chapter for the taxable year for interest expense to the extent that such expense exceeds the sum of-- ``(i) the amount of interest on indebtedness of the corporation includible in the corporation's gross income for the taxable year, plus ``(ii) the corporation's proportionate share of the financial reporting group's net interest expense for the taxable year computed under United States income tax principles. ``(B) Proportionate share of net interest expense.--For purposes of subparagraph (A)(ii)-- ``(i) In general.--A corporation's proportionate share of the financial reporting group's net interest expense means the amount equal to the percentage of the group's net interest expense which bears the same percentage as the corporation's earnings bears to the group's earnings. ``(ii) Earnings.--For purposes of clause (i), earnings shall be the sum of net earnings plus net interest expense, taxes, depreciation, and amortization. ``(iii) Determinations relating to earnings.--For purposes of clause (ii), earnings, net interest expense, taxes, depreciation, and amortization with respect to a financial reporting group shall be as reflected on the financial reporting group's financial statements for the taxable year ending in the taxable year of the corporation. ``(C) Alternative determination.--In lieu of the limitation in subparagraph (A), if-- ``(i) a corporation fails to substantiate the corporation's proportionate share of the financial reporting group's net interest expense for a taxable year, or ``(ii) a corporation so elects, no deduction shall be allowed under this chapter for the taxable year for interest expense to the extent that such expense exceeds 10 percent of the corporation's adjusted taxable income (as defined under subsection (j)(6)(A)). ``(2) Corporations to which subsection applies.-- ``(A) In general.--This subsection shall apply to any corporation for any taxable year if the corporation is a member of a financial reporting group. ``(B) Certain corporations not included.--This subsection shall not apply to any corporation which-- ``(i) is a corporation predominantly engaged in the active conduct of a banking, financing, or similar business, or ``(ii) has less than $5,000,000 of net interest expense for the taxable year. ``(C) Financial reporting group.--For purposes of subparagraph (A), the term `financial reporting group' means a group that prepares consolidated financial statements in accordance with United States generally accepted accounting principles, international financial reporting standards, or other method authorized by the Secretary of the Treasury under regulations. Such term shall not include any corporation described in subparagraph (B)(i). ``(D) Subgroups.--For purposes of this subsection, all members of an expanded affiliated group (as defined in section 7874(c)(1)) shall be treated as 1 corporation. ``(3) Net interest expense.--The term `net interest expense' has the meaning given such term by subsection (j)(6)(B). ``(4) Carryforward.-- ``(A) Disallowed interest.--Any amount disallowed under subparagraph (A) or (C) for any taxable year shall be treated as an interest expense in the next taxable year, and such amount shall not be taken into account for purposes of applying subsection (j)(2)(A)(ii) for such taxable year. ``(B) Excess limitation.--The excess (if any) of the sum determined under paragraph (1)(A) (i) and (ii) for a taxable year over the amount of interest expense deducted under this subsection for the taxable year shall be added to the limitation determined under paragraph (1) for the next taxable year (determined without regard to this subparagraph). No excess limitation may be carried to more than 3 taxable years. ``(5) Election.--The election under paragraph (1)(C)(ii) shall be made at such time and in such manner as the Secretary may prescribe by regulations. ``(6) Regulations.--The Secretary shall prescribe such regulations and other guidance as may be necessary to carry out the purposes of this subsection, including regulations to-- ``(A) coordinate the application of this subsection with other interest deductibility rules, ``(B) define financial services entities, ``(C) permit financial reporting groups to compute the group's non-United States net interest expense without making certain adjustments required under United States income tax principles, ``(D) provide for the treatment of pass-through entities, and ``(E) allow the use of financial statements prepared under other countries' generally accepted accounting principles in appropriate circumstances where a financial reporting group does not prepare financial statements under United States generally accepted accounting principles or international financial reporting standards.''. (b) Coordination With 163(j).--Section 163(j)(2)(A) of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence: ``This subsection shall not apply to any corporation which is a member of a financial reporting group to which subsection (n) applies.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014.

Corporate Fair Share Tax Act - Amends the Internal Revenue Code to limit the tax deduction of the interest expense of a U.S. corporation that is a member of a financial reporting group (a group that prepares consolidated financial statements according to accepted accounting principles or international financial reporting standards) to: (1) the amount of interest on indebtedness of the corporation includible in the corporation's gross income for the taxable year plus its proportionate share of the group's net interest expense in the taxable year; or (2) 10% of the corporation's adjusted taxable income, if the corporation fails to substantiate its proportionate share of interest expense. Exempts a corporation that is predominantly engaged in the active conduct of a banking, financing, or similar business or that has less than $5 million of net interest expense for the taxable year.

Corporate Fair Share Tax Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Fairness and Emergency Relief Act of 2008''. SEC. 2. SUSPENSION OF REQUIRED BEGINNING DATE FOR DISTRIBUTIONS FROM DEFINED CONTRIBUTION PLANS. (a) In General.--In the case of a defined contribution plan-- (1) section 401(a)(9) of the Internal Revenue Code of 1986 shall not apply during the suspension period, (2) in lieu of the calendar year specified in subparagraph (C)(i) of section 401(a)(9) of such Code, the calendar year specified in such subparagraph shall be the later of-- (A) the calendar year described in such subparagraph (C)(i), or (B) calendar year 2010, and (3) the suspension period shall not be taken into account for purposes of applying any time limitation in such section 401(a)(9). (b) Suspension Period.--For purposes of this section, the term ``suspension period'' means the period beginning on January 1, 2008, and ending on December 31, 2009. (c) Application to Certain Other Plans.--The following sections shall be applied for the suspension period under rules similar to the rules of subsection (a) of this section-- (1) in the case of a defined contribution plan, subsections (a) and (b) of section 403, and sections 408 and 408A, of such Code, and (2) in the case of an eligible deferred compensation plan described in section 457(b) of such Code which is maintained by an eligible employer described in section 457(e)(1)(A) of such Code, section 457 of such Code. (d) Application to Certain Periodic Payments.--For purposes of this section, in the case of a defined contribution plan, the failure to make a payment from a qualified retirement plan during the suspension period in an amount less than would be required under the applicable method shall not be treated as a modification for purposes of section 72(t)(2)(A)(iv) of such Code. (e) Provisions Relating to Plan Amendments.-- (1) In general.--If this section applies to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph (2)(B)(i). (2) Amendments to which section applies.-- (A) In general.--This section shall apply to any amendment to any plan or annuity contract which is made-- (i) pursuant to this section or pursuant to any regulation issued by the Secretary of the Treasury to carry out this section, and (ii) on or before the last day of the first plan year beginning on or after January 1, 2009. (B) Conditions.--This section shall not apply to any amendment unless-- (i) during the period-- (I) beginning on the first day of the suspension period, and (II) ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect, and (ii) such plan or contract amendment applies retroactively for such period. (f) Effective Date.-- (1) In general.--This section shall take effect on the date of the enactment of this Act. (2) Recontribution of distributions before date of enactment.-- (A) In general.--Any individual who receives a payment or distribution during the period beginning on January 1, 2008, and ending on the date of the enactment of this Act from a plan to which subsection (a) or (c) of this section applies may, before the end of the suspension period, make one or more contributions in an aggregate amount not to exceed the amount of such payments or distributions to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16) of such Code, as the case may be. (B) Treatment of repayments of distributions from eligible retirement plans other than iras.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) to an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received such payments or distributions in an eligible rollover distribution (as defined in section 402(c)(4) of such Code) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (C) Treatment of repayments for distributions from iras.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) to an individual retirement plan (as defined by section 7701(a)(37) of such Code), then, to the extent of the amount of the contribution, such payments or distributions shall be treated as a distribution described in section 408(d)(3) of such Code and as having been transferred to the individual retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. SEC. 3. WAIVER OF 10 PERCENT PENALTY ON WITHDRAWALS FROM QUALIFIED RETIREMENT PLANS DURING 2008 AND 2009 FOR FINANCIAL HARDSHIP. (a) In General.--Paragraph (1) of section 72(t) of the Internal Revenue Code of 1986 (relating to imposition of additional tax) shall not apply to qualified financial hardship distributions from a qualified retirement plan (as defined in section 4974(c) of such Code), to an individual. Distributions shall not be taken into account under the preceding sentence if such distributions are described in subparagraph (A), (C), (D), (E), (F), or (G) of section 72(t)(2) of such Code or to the extent section 72(t)(1) of such Code does not apply to such distributions by reason of section 72(t)(2)(B). (b) Qualified Foreclosure Distributions.--For purposes of subsection (a)-- (1) In general.--The term ``qualified financial hardship distribution'' means any payment or distribution received after December 31, 2007, and before January 1, 2010, by an individual on account of financial hardship (as determined by the Secretary of the Treasury). (2) Limitation.--The amount of payments or distributions received by an individual which may be treated as qualified financial hardship distributions for any taxable year shall not exceed $15,000. (3) Amount distributed may be repaid.-- (A) In general.--Any individual who receives a qualified financial hardship distribution may, at any time during the 5-year period beginning on the day after the date on which such distribution was received, make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as the case may be, of the Internal Revenue Code of 1986. (B) Treatment of repayments of distributions from eligible retirement plans other than iras.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) with respect to a qualified financial hardship distribution from an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified financial hardship distribution in an eligible rollover distribution (as defined in section 402(c)(4) of such Code) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (C) Treatment of repayments for distributions from iras.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) with respect to a qualified financial hardship distribution from an individual retirement plan (as defined by section 7701(a)(37) of such Code), then, to the extent of the amount of the contribution, the qualified financial hardship distribution shall be treated as a distribution described in section 408(d)(3) of such Code and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (4) Special rules.-- (A) Exemption of distributions from trustee to trustee transfer and withholding rules.--For purposes of sections 401(a)(31), 402(f), and 3405 of the Internal Revenue Code of 1986, qualified financial hardship distributions shall not be treated as eligible rollover distributions. (B) Qualified financial hardship distributions treated as meeting plan distribution requirements.--For purposes this title, a qualified financial hardship distribution shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A) of such Code. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Retirement Fairness and Emergency Relief Act of 2008 - Suspends for calendar 2008 and 2009 the beginning date for required distributions from certain individual retirement (IRA) plans. Waives the 10% additional tax (penalty) under the Internal Revenue Code for early distributions from qualified retirement plans in the case of a qualified financial hardship distribution to an individual during calendar 2008-2009 of up to $15,000 per taxable year, as determined by the Secretary of the Treasury (including a qualified foreclosure distribution).

To suspend the beginning date for required distributions from defined contribution plans based on attainment of age 70 1/2, to waive the 10 percent penalty on withdrawals from qualified retirement plans during 2008 and 2009 for financial hardship, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Relief and Protection Act of 1997''. SEC. 2. REDUCTION IN RATES OF INCOME TAX FOR NONCORPORATE TAXPAYERS. (a) In General.--Each of the tables contained in section 1 of the Internal Revenue Code of 1986 (relating to tax imposed) is amended-- (1) by striking ``15%'' and inserting ``14.25%'', (2) by striking ``28%'' and inserting ``26.6%'', (3) by striking ``31%'' and inserting ``29.45%'', (4) by striking ``36%'' and inserting ``34.2%'', and (5) by striking ``39.6%'' and inserting ``37.62%''. (b) Maximum Capital Gains Rates.--Subsection (h) of such Code (relating to maximum capital gains rate) is amended-- (1) in paragraph (1)-- (A) by striking ``28 percent'' in subclause (I) of subparagraph (A)(ii) and inserting ``26.6 percent'', (B) by striking ``25 percent'' in subparagraph (B) and inserting ``23.75 percent'', (C) by striking ``28 percent'' in subparagraph (C) and inserting ``26.6 percent'', (D) in subparagraph (D)-- (i) by striking ``10 percent'' in the matter preceding clause (i) and inserting ``9.5 percent'', and (ii) by striking ``28 percent'' and inserting ``26.6'', and (E) by striking ``20 percent'' in subparagraph (E) and inserting ``19 percent'', and (2) in paragraph (2)-- (A) in subparagraph (A)-- (i) by striking ``8 percent'' and inserting ``7.6 percent'', (ii) by striking ``10-percent'' and inserting ``9.5-percent'', and (iii) by striking ``10 percent'' and inserting ``9.5 percent'', (B) in subparagraph (B)-- (i) in the matter preceding clause (i)-- (I) by striking ``18 percent'' and inserting ``17.1 percent'', and (II) by striking ``20-percent'' and inserting ``19-percent'', and (ii) by striking ``20 percent'' in clause (ii) and inserting ``19 percent''. (c) Alternative Minimum Tax.--Clause (i) of section 55(b)(1)(A) of such Code (relating to amount of tentative minimum tax for noncorporate taxpayers) is amended-- (1) in subclause (I), by striking ``26 percent'' and inserting ``24.7 percent'', and (2) in subclause (II), by striking ``28 percent'' and inserting ``26.6 percent''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997. SEC. 3. JOINT RETURN STANDARD DEDUCTION TWICE THAT OF SINGLE RETURN. (a) In General.--Paragraph (2) of section 63(c) of the Internal Revenue Code of 1986 (relating to the standard deduction) is amended-- (1) in subparagraph (A), by striking ``$5,000'' and inserting ``twice the amount in effect under subparagraph (C)'', and (2) in subparagraph (D), by striking ``$2,500'' and inserting ``the amount in effect under subparagraph (C)''. (b) Effective Date.--The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 1997. SEC. 4. CHANGE IN FILING DATE FOR INDIVIDUAL INCOME TAX RETURNS TO NOVEMBER 1. (a) In General.--Section 6072(a) of the Internal Revenue Code of 1986 (relating to time for filing income tax returns) is amended-- (1) by striking ``15th day of April'' and inserting ``1st day of November'', and (2) by striking ``15th day of the fourth month'' and inserting ``1st day of the 11th month''. (b) Conforming Amendments.-- (1) Section 3510(a)(2) of such Code (relating to coordination of collection of domestic service employment taxes with collection of income taxes) is amended by striking ``15th day of the fourth month'' and inserting ``1st day of the 11th month''. (2) Section 6075(b) of such Revenue Code (relating to gift tax returns) is amended-- (A) in paragraph (3), by striking ``paragraphs (1) and (2)'' and inserting ``paragraph (1)'', (B) by striking paragraph (2), and (C) by redesignating paragraph (3) as paragraph (2). (3) Section 6501(b)(2) of such Code (relating to return of certain employment taxes and tax imposed by chapter 3) is amended by striking ``April 15'' both places it appears and inserting ``November 1''. (4) Section 6513 of such Code (relating to time return deemed filed and tax considered paid) is amended-- (A) in subsection (b)(1), by striking ``15th day of the fourth month'' and inserting ``1st day of the 11th month'', and (B) in subsection (c), by striking ``April 15'' each place it appears and inserting ``November 1''. (5) Section 6621(b)(2) of such Code (relating to special rule for individual estimated tax) is amended to read as follows: ``(2) Period during which rate applies.--The Federal short- term rate determined under paragraph (1) for any month shall apply during the first calendar quarter beginning after such month.'' (6) Section 6654(b)(2)(A) of such Code (relating to period of underpayment) is amended by striking ``15th day of the 4th month'' and inserting ``1st day of the 11th month''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997.

Taxpayer Relief and Protection Act of 1997 - Amends the Internal Revenue Code to: (1) reduce the individual income tax rates; (2) make the standard deduction on a joint return equal to twice the deduction of a single return; and (3) change the filing date for individual returns from April 15 to November 1.

Taxpayer Relief and Protection Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Teacher Diversity Act''. SEC. 2. CENTERS OF EXCELLENCE. Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended by adding at the end the following: ``PART C--CENTERS OF EXCELLENCE ``SEC. 231. DEFINITIONS. ``As used in this part: ``(1) Eligible institution.--The term `eligible institution' means-- ``(A) an institution of higher education that has a teacher preparation program that meets the requirements of section 203(b)(2) and that is-- ``(i) a part B institution (as defined in section 322); ``(ii) a Hispanic-serving institution (as defined in section 502); ``(iii) a Tribal College or University (as defined in section 316); ``(iv) an Alaska Native-serving institution (as defined in section 317(b)); or ``(v) a Native Hawaiian-serving institution (as defined in section 317(b)); ``(B) a consortium of institutions described in subparagraph (A); or ``(C) an institution described in subparagraph (A), or a consortium described in subparagraph (B), in partnership with any other institution of higher education, but only if the center of excellence established under section 232 is located at an institution described in subparagraph (A). ``(2) Highly qualified.--The term `highly qualified' when used with respect to an individual means that the individual is highly qualified as determined under section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) or section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401). ``(3) Scientifically based reading research.--The term `scientifically based reading research' has the meaning given such term in section 1208 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6368). ``(4) Scientifically based research.--The term `scientifically based research' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``SEC. 232. CENTERS OF EXCELLENCE. ``(a) Program Authorized.--From the amounts appropriated to carry out this part, the Secretary is authorized to award competitive grants to eligible institutions to establish centers of excellence. ``(b) Use of Funds.--Grants provided by the Secretary under this part shall be used to ensure that current and future teachers are highly qualified, by carrying out one or more of the following activities: ``(1) Implementing reforms within teacher preparation programs to ensure that such programs are preparing teachers who are highly qualified, are able to understand scientifically based research, and are able to use advanced technology effectively in the classroom, including use for instructional techniques to improve student academic achievement, by-- ``(A) retraining faculty; and ``(B) designing (or redesigning) teacher preparation programs that-- ``(i) prepare teachers to close student achievement gaps, are based on rigorous academic content, scientifically based research (including scientifically based reading research), and challenging State student academic content standards; and ``(ii) promote strong teaching skills. ``(2) Providing sustained and high-quality preservice clinical experience, including the mentoring of prospective teachers by exemplary teachers, substantially increasing interaction between faculty at institutions of higher education and new and experienced teachers, principals, and other administrators at elementary schools or secondary schools, and providing support, including preparation time, for such interaction. ``(3) Developing and implementing initiatives to promote retention of highly qualified teachers and principals, including minority teachers and principals, including programs that provide-- ``(A) teacher or principal mentoring from exemplary teachers or principals; or ``(B) induction and support for teachers and principals during their first 3 years of employment as teachers or principals, respectively. ``(4) Awarding scholarships based on financial need to help students pay the costs of tuition, room, board, and other expenses of completing a teacher preparation program. ``(5) Disseminating information on effective practices for teacher preparation and successful teacher certification and licensure assessment preparation strategies. ``(6) Activities authorized under sections 202, 203, and 204. ``(c) Application.--Any eligible institution desiring a grant under this section shall submit an application to the Secretary at such a time, in such a manner, and accompanied by such information as the Secretary may require. ``(d) Minimum Grant Amount.--The minimum amount of each grant under this part shall be $500,000. ``(e) Limitation on Administrative Expenses.--An eligible institution that receives a grant under this part may not use more than 2 percent of the grant funds for purposes of administering the grant. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out this part. ``SEC. 233. APPROPRIATIONS. ``There shall be available to the Secretary, from funds not otherwise appropriated, $50,000,000 for the period beginning with fiscal year 2008 and ending with fiscal year 2012, to carry out this part beginning with academic year 2008-2009, which shall remain available until expended. The authority to carry out this part shall expire at the end of fiscal year 2012.''.

Improving Teacher Diversity Act - Amends title II (Teacher Quality Enhancement Grants for States and Partnerships) of the Higher Education Act of 1965 to authorize the Secretary of Education to award competitive grants to certain minority-serving institutions of higher education (IHEs), or partnerships between such IHEs and other IHEs, to establish centers of excellence for teacher education. Requires the use of such grants to ensure that current and future teachers are highly qualified by: (1) reforming teacher preparation programs so that teachers are able to understand scientifically-based research and use advanced technology effectively in the classroom; (2) providing preservice clinical experience and mentoring to prospective teachers, and increased interaction between IHE faculty and new and experienced elementary and secondary school teachers and administrators; (3) implementing initiatives to promote the retention of highly qualified teachers and principals; (4) awarding need-based scholarships for students in teacher preparation programs; (5) disseminating information on effective teacher preparation practices; and (6) conducting certain other activities authorized under title II.

To award competitive grants to minority serving institutions to establish centers of excellence for teacher education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating Terrorism Financing Act of 2007''. SEC. 2. INTERSTATE TRANSPORTATION OF CRIMINAL PROCEEDS AND ``REVERSE'' MONEY LAUNDERING. (a) In General.--Section 1957(a) of title 18, United States Code, is amended to read as follows: ``(a)(1) Whoever, in any of the circumstances set forth in subsection (d)-- ``(A) conducts or attempts to conduct a monetary transaction involving property of a value greater than $10,000 that is derived from specified unlawful activity, knowing that the property is derived from some form of unlawful activity; or ``(B) conducts or attempts to conduct a monetary transaction involving property of a value greater than $10,000, with the intent to promote the carrying on of specified unlawful activity, shall be punished as provided in subsection (b). ``(2) Whoever, in the any of the circumstances set forth in subsection (d), transports, attempts to transport, or conspires to transport more than $10,000 in currency in interstate commerce-- ``(A) knowing that the currency was derived from some form of unlawful activity; or ``(B) knowing that the currency was intended to be used to promote some form of unlawful activity, shall be punished as provided in subsection (b).''. (b) Penalty.--Section 1957(b) of title 18, United States Code, is amended-- (1) in paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (2) by inserting after paragraph (2) the following: ``(3) The maximum period of incarceration for a person convicted of an offense under subsection (a)(1)(B) must not exceed the statutory maximum for the offense being promoted.''. (c) Conforming Amendment.--Section 1957(f) of title 18, United States Code, is amended-- (1) in paragraph (2) by striking ``and'' after the semicolon; (2) in paragraph (3), by striking the period and inserting ``; and''; and (3) by inserting at the end the following: ``(4) the term `conducts' has the same meaning as it does for purposes of section 1956 of this title.''. (d) Heading.-- (1) In general.--Section 1957 of title 18, United States Code, is amended in the heading by inserting ``or in support of criminal activity'' after ``specified unlawful activity''. (2) Chapter analysis.--The item relating to section 1957 in the chapter analysis for chapter 95 of title 18, United States Code, is amended to read as follows: ``1957. Conducting monetary transactions in property derived from specified unlawful activity or in support of criminal activity.''. SEC. 3. FREEZING BANK ACCOUNTS OF PERSONS ARRESTED FOR OFFENSES INVOLVING THE MOVEMENT OF MONEY ACROSS INTERNATIONAL BORDERS. Section 981(b) of title 18, United States Code, is amended by adding at the end the following: ``(5)(A) If a person is arrested or charged in connection with an offense described in subparagraph (C) involving the movement of funds into or out of the United States, the Attorney General may apply to any Federal judge or magistrate judge in the district in which the arrest is made or the charges are filed for an ex parte order restraining any account held by the person arrested or charged for not more than 30 days, except that the time may be extended for good cause shown at a hearing conducted in the manner provided in rule 43(e) of the Federal Rules of Civil Procedure. The court may receive and consider evidence and information submitted by the Government that would be inadmissible under the Federal Rules of Evidence. ``(B) The application for the restraining order referred to in subparagraph (A) shall-- ``(i) identify the offense for which the person has been arrested or charged; ``(ii) identify the location and description of the accounts to be restrained; and ``(iii) state that the restraining order is needed to prevent the removal of the funds in the account by the person arrested or charged, or by others associated with such person, during the time needed by the Government to conduct such investigation as may be necessary to establish whether there is probable cause to believe that the funds in the accounts are subject to forfeiture in connection with the commission of any criminal offense. ``(C) A restraining order may be issued pursuant to subparagraph (A) if a person is arrested or charged with any offense for which forfeiture is authorized under this title, title 31, or the Controlled Substances Act. ``(D) For purposes of this paragraph-- ``(i) the term `account' includes any safe deposit box and any account (as defined in section 5318A(e)(1) and (e)(2)) at any financial institution; ``(ii) the term `account held by the person arrested or charged' includes an account held in the name of such person, and any account over which such person has effective control as a signatory or otherwise. ``(E) Restraint pursuant to this paragraph shall not be deemed a seizure for purposes of subsection 983(a) of this title. ``(F) A restraining order issued pursuant to this paragraph may be executed in any district in which the subject account is found, or transmitted to the central authority of any foreign state for service in accordance with any treaty or other international agreement.''. SEC. 4. USING BLANK CHECKS IN BEARER FORM TO SMUGGLE MONEY. Section 5316 of title 31, United States Code, is amended by adding at the end the following: ``(e) Monetary Instruments With Amount Left Blank.--For purposes of this section, a monetary instrument that has the amount left blank shall be considered to have a value in excess of $10,000 if the instrument was drawn on an account that contained or was intended to contain more than $10,000 at the time the instrument was being transported, or at the time it was negotiated or was intended to be negotiated.''. SEC. 5. PROHIBITING MONEY LAUNDERING THROUGH HAWALAS, OTHER INFORMAL VALUE TRANSFER SYSTEMS, AND CLOSELY RELATED TRANSACTIONS. Section 1956(a)(1) of title 18, United States Code, is amended by striking ``For purposes of this paragraph, a financial transaction'' and inserting ``For purposes of this paragraph and section 1957, a financial transaction or a monetary transaction''. SEC. 6. SECTION 1957 VIOLATIONS INVOLVING COMMINGLED FUNDS AND STRUCTURED TRANSACTIONS. Section 1957 of title 18, United States Code, is amended by adding after subsection (f) the following: ``(g) The Government may satisfy the $10,000 requirement in subsection (a)(1) by showing that-- ``(1) the monetary transaction involved the transfer, withdrawal, encumbrance, or other disposition of more than $10,000 from an account in which more than $10,000 in proceeds of specified unlawful activity was commingled with other funds; or ``(2) the defendant conducted a series of monetary transactions in amounts under $10,000 that exceeded $10,000 in the aggregate and that were closely related to each other in terms of such factors as time, the identity of the parties involved, the nature or purpose of the transactions or the manner in which they are conducted.''.

Combating Terrorism Financing Act of 2007 - Amends the federal criminal code to: (1) expand prohibitions against conducting monetary transactions over $10,000 for the purpose of engaging in interstate criminal activities; (2) authorize the Attorney General to obtain a 30-day ex parte court order freezing the bank account of any individual arrested or charged for crimes involving the movement of funds into or out of the United States; (3) expand money laundering prohibitions to include monetary transactions; and (4) include monetary transactions involving commingled funds or structured transactions in prosecuting interstate transfers of funds greater than $10,000 for criminal purposes. Includes within the requirement to report monetary transactions exceeding $10,000 blank monetary instruments in bearer form drawn on accounts found to contain more than $10,000.

To provide additional tools and resources to combat terrorism financing.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Stamp Fraud Act of 1997''. SEC. 2. ELECTRONIC BENEFIT TRANSFER SYSTEMS. (a) Issuance and Use of Coupons.--Section 7(g) of the Food Stamp Act of 1977 (7 U.S.C. 2016(g)) is amended-- (1) by striking ``(1)''; (2) by striking paragraph (2); and (3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively. (b) Electronic Benefit Transfer Systems.--Section 7(i) of the Food Stamp Act of 1977 (7 U.S.C. 2016(i)) is amended-- (1) by amending paragraph (1) to read as follows: ``(1)(A)(i) Except as provided in clause (ii), each State agency shall implement before October 1, 2000, an electronic benefit transfer system in which all household benefits determined under section 8(a) are issued from and stored in a central databank. ``(ii) Upon the request of a State agency, the Secretary may grant a waiver extending the deadline for compliance with clause (i) to a date not later than October 1, 2002, for a State agency that faces unusual barriers to implementing an electronic benefit transfer system. ``(B) Subject to paragraph (2), a State agency may procure and implement an electronic benefit transfer system under the terms, conditions, and design that the State agency considers appropriate. ``(C) An electronic benefit transfer system should take into account generally accepted standard operating rules based on-- ``(i) commercial electronic funds transfer technology; ``(ii) the need to permit interstate operation and law enforcement monitoring; and ``(iii) the need to permit monitoring and investigations by authorized law enforcement agencies.''; and (2) in paragraph (2)-- (A) by striking subparagraph (A); and (B) by redesignating subparagraphs (B) through (I) as subparagraphs (A) through (H), respectively. (c) Redemption of Coupons.--The first sentence of section 10 of the Food Stamp Act of 1977 (7 U.S.C. 2019) is amended by inserting before the period at the end the following: ``unless such centers, organizations, institutions, shelters, group living arrangements, and establishment are equipped with point-of-sale devices for the purpose of participating in electronic benefit transfer delivery systems''. SEC. 3. USE OF PRODUCT BAR CODES AND OPTICAL SCANNER DEVICES. Section 9 of the Food Stamp Act of 1977 (7 U.S.C. 2018) is amended by adding at the end thereof the following: ``(h) Approved retail food stores which use optical scanner device to read product bar codes in connection with sales, shall use such devices, in connection with electronic benefit transfer systems, to prevent the purchase of unauthorized food and nonfood items with benefits determined under section 8(a) and to maintain a record of purchases made with such benefits. Such purchase records shall be made available for review under subsection (c). ``(i) Notwithstanding any other provision of this section, a retail food store may not-- ``(1) be approved to accept or to redeem coupons; or ``(2) accept or redeem coupons accepted; after October 1, 2002, unless such store uses an optical scanner device to read product bar codes in connection with sales of food.''. SEC. 4. EXPANDED CIVIL AND CRIMINAL FORFEITURE FOR VIOLATIONS OF THE FOOD STAMP ACT. (a) Forfeiture of Certain Property.--Section 15(h) of the Food Stamp Act of 1977 (7 U.S.C. 2024(h)) is amended by adding at the end the following: ``(5) Procedures.--(A) All food stamp benefits and any property subject to forfeiture under this subsection, any seizure and disposition thereof, and any proceeding relating thereto, shall be governed by section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), excluding subsection (d) of such section, insofar as applicable and not inconsistent with the provisions of this subsection. ``(B) Restraining orders available under subsection (e) of such Act shall apply to assets otherwise subject to forfeiture under subsection (p) of such Act, as incorporated in this section. ``(C) The provisions of chapter 46 of title 18, United States Code, relating to civil forfeitures shall extend to a seizure or forfeiture under this subsection, insofar as applicable and not inconsistent with the provisions of this subsection, except that such duties as are imposed upon the Secretary of the Treasury under such chapter 46 may also be performed with respect to seizures and forfeitures under this section by such officers, agents, or other persons as designated for that purpose by the Secretary. Civil forfeitures imposed under this subsection shall be in addition to any criminal sanctions imposed against the owner of the forfeited property. ``(D) The proceeds from any sale of forfeited property and any monies forfeited under this subsection shall be used-- ``(i) first, to reimburse the Department of Justice for the costs incurred by the Department to initiate and complete the forfeiture proceeding; ``(ii) second, to reimburse the Department of Agriculture Office of Inspector General for any costs the Office incurred in the law enforcement effort resulting in the forfeiture; ``(iii) third, to reimburse any Federal or State law enforcement agency for any costs incurred in the law enforcement effort resulting in the forfeiture; and ``(iv) fourth, by the Secretary to carry out the approval, reauthorization, and compliance investigations of retail stores and wholesale food concerns under section 9.''. SEC. 5. PROVIDE AUTHORITY TO ESTABLISH AUTHORIZATION PERIODS. Section 9(a) of the Food Stamp Act of 1977 (7 U.S.C. 2018(a)) is amended by adding at the end the following: ``(3)(A) Such time period shall be determined based upon total food stamp redemptions expressed as a percentage of food stamp sales to total food sales. ``(B)(i) Except as provided in clause (ii), retailers with a ratio of food stamp sales to total food sales of 30 percent or more may be authorized for not more than one year, and retailers with a ratio of food stamp sales to total food sales of 5 percent or less may be authorized for up to 5 years. ``(ii) Retailers with a ratio of food stamp sales to total food sales of more than 10 percent that do not use an optical scanner device to read product bar codes in connection with sales may be authorized for not more than one year.''. SEC. 6. STATE REQUIREMENTS. Section 16(d) of the Food Stamp Act of 1977 (7 U.S.C. 2025(d)) is amended to read as follows: ``(d) States which fail to meet the national performance measure for the payment error rate set forth under subsection (c)(6) may be required by the Secretary to implement, in whole or in part, one or more of the following additional measures in furtherance of waste and fraud reduction: ``(1) Computerize and coordinate food stamp, aid to families with dependent children, and supplemental security income caseloads so that reported changes in any one program automatically adjusts allotments for the remaining program. ``(2) Require any employer, public or private, to report new hires and wage rates to the State department of revenue, or equivalent taxing authority. Such reported information shall be made available to and used by the State agency to adjust accordingly any benefit allotments or payments received by the individual or households of which the individual is a member. ``(3) Require all financial institutions to report asset information to State agency caseworkers whenever such requests are made. The financial institutions may be required to provide the requested information without compensation or at cost.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR THE PURCHASE OF OPTICAL SCANNERS. Section 18 of the Food Stamp Act of 1977 (7 U.S.C. 2017) is amended by adding at the end the following: ``(g)(1) There is authorized to be appropriated for fiscal years 1998, 1999, and 2000, in the aggregate, $50,000,000 to the Secretary to make grants, in the discretion of the Secretary, to separately owned retail food stores located in low-income areas (as determined by the Secretary) and approved under section 9, to enable such stores to purchase optical scanner devices to read product bar codes in connection with sales of food. ``(2) For purposes of this subsection, the term `low-income area' means an urban census tract, a nonmetropolitan county, a Native American Indian reservation, an Alaska Native village, or a migrant or seasonal farmworker community, in which not less than 30 percent of households have annual income that does not exceed 30 percent of the median income of the area involved.''. SEC. 8. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on January 1, 1998. (b) Application of Amendments--The amendments made by this Act shall not apply with respect to certification periods beginning before the effective date of this Act.

Food Stamp Fraud Act of 1997 - Amends the Food Stamp Act of 1977 to require by specified dates: (1) States to implement a food stamp program (program) electronic benefit transfer system; and (2) participating retail stores to use optical scanners to read food sale bar codes. Authorizes appropriations for grants to stores in low-income areas to meet such requirement. Sets forth: (1) civil and criminal forfeiture provisions for program violations; and (2) retail food store reauthorization periods based upon a food stamp redemption percentage. Authorizes the Secretary of Agriculture to require States with payment error rates exceeding the national performance measure to take additional measures with respect to program coordination and employer and financial institution reporting.

Food Stamp Fraud Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Adjustment Assistance for Farmers Act''. SEC. 2. TRADE ADJUSTMENT ASSISTANCE FOR FARMERS. (a) In General.--Title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.) is amended by adding at the end the following new chapter: ``CHAPTER 6--ADJUSTMENT ASSISTANCE FOR FARMERS ``SEC. 291. DEFINITIONS. ``In this chapter: ``(1) Agricultural commodity producer.--The term `agricultural commodity producer' means any person who is engaged in the production and sale of an agricultural commodity in the United States and who owns or shares the ownership and risk of loss of the agricultural commodity. ``(2) Agricultural commodity.--The term `agricultural commodity' means any agricultural commodity (including livestock) in its raw or natural state. ``(3) Duly authorized representative.--The term `duly authorized representative' means an association of agricultural commodity producers. ``(4) National average price.--The term `national average price' means the national average price paid to an agricultural commodity producer for an agricultural commodity in a marketing year as determined by the Secretary of Agriculture. ``(5) Contributed importantly.-- ``(A) In general.--The term `contributed importantly' means a cause which is important but not necessarily more important than any other cause. ``(B) Determination of contributed importantly.-- The determination of whether imports of articles like or directly competitive with an agricultural commodity with respect to which the petition under this chapter was filed contributed importantly to a decline in the price of the agricultural commodity shall be made by the Secretary in consultation with the Secretary of Agriculture. ``(6) Secretary.--The term `Secretary' means the Secretary of Labor. ``SEC. 292. PETITIONS; GROUP ELIGIBILITY. ``(a) In General.--A petition for a certification of eligibility to apply for adjustment assistance under this chapter may be filed with the Secretary by a group of agricultural commodity producers or by their duly authorized representative. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that the Secretary has received the petition and initiated an investigation. ``(b) Hearings.--If the petitioner, or any other person found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary's publication under subsection (a) a request for a hearing, the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard. ``(c) Group Eligibility Requirements.--The Secretary, after consultation with the Secretary of Agriculture, shall certify a group of agricultural commodity producers as eligible to apply for adjustment assistance under this chapter if the Secretary determines-- ``(1) that the national average price for the agricultural commodity, or a class of goods within the agricultural commodity, produced by the group for the most recent marketing year for which the national average price is available is less than 80 percent of the average of the national average price for such agricultural commodity, or such class of goods, for the 5 marketing years preceding the most recent marketing year; and ``(2) that either-- ``(A) increases in imports of articles like or directly competitive with the agricultural commodity, or class of goods within the agricultural commodity, produced by the group contributed importantly to the decline in price described in paragraph (1); or ``(B) imports of articles like or directly competitive with the agricultural commodity, or class of goods within the agricultural commodity, produced by the group account for a significant percentage of the domestic market for the agricultural commodity (or class of goods) and have contributed importantly to the decline in price described in paragraph (1). ``(d) Special Rule for Qualified Subsequent Years.--A group of agricultural commodity producers certified as eligible under section 293 shall be eligible to apply for assistance under this chapter in any qualified year after the year the group is first certified, if the Secretary determines that-- ``(1) the national average price for the agricultural commodity, or class of goods within the agricultural commodity, produced by the group for the most recent marketing year for which the national average price is available is equal to or less than the price determined under subsection (c)(1); and ``(2) the requirements of subsection (c)(2) (A) or (B) are met. ``(e) Determination of Qualified Year and Commodity.--In this chapter: ``(1) Qualified year.--The term `qualified year', with respect to a group of agricultural commodity producers certified as eligible under section 293, means each consecutive year after the year in which the group is certified that the Secretary makes the determination under subsection (c) or (d), as the case may be. ``(2) Classes of goods within a commodity.--In any case in which there are separate classes of goods within an agricultural commodity, the Secretary shall treat each class as a separate commodity in determining group eligibility, the national average price, and level of imports under this section and section 296. ``SEC. 293. DETERMINATIONS BY SECRETARY. ``(a) In General.--As soon as possible after the date on which a petition is filed under section 292, but in any event not later than 60 days after that date, the Secretary shall determine whether the petitioning group meets the requirements of section 292(c) (or (d), as the case may be) and shall, if so, issue a certification of eligibility to apply for assistance under this chapter covering agricultural commodity producers in any group that meet the requirements. Each certification shall specify the date on which eligibility under this chapter begins. ``(b) Notice.--Upon making a determination on a petition, the Secretary shall promptly publish a summary of the determination in the Federal Register together with the Secretary's reasons for making the determination. ``(c) Termination of Certification.--Whenever the Secretary determines, with respect to any certification of eligibility under this chapter, that the decline in price for the agricultural commodity covered by the certification is no longer attributable to the conditions described in section 292, the Secretary shall terminate such certification and promptly cause notice of such termination to be published in the Federal Register together with the Secretary's reasons for making such determination. ``SEC. 294. STUDY BY SECRETARY WHEN INTERNATIONAL TRADE COMMISSION BEGINS INVESTIGATION. ``(a) In General.--Whenever the International Trade Commission (in this chapter referred to as the `Commission') begins an investigation under section 202 with respect to an agricultural commodity, the Commission shall immediately notify the Secretary of the investigation. Upon receipt of the notification, the Secretary shall immediately begin a study of-- ``(1) the number of agricultural commodity producers producing a like or directly competitive agricultural commodity who have been or are likely to be certified as eligible for adjustment assistance under this chapter, and ``(2) the extent to which the adjustment of such producers to the import competition may be facilitated through the use of existing programs. ``(b) Report.--The report of the Secretary of the study under subsection (a) shall be made to the President not later than 15 days after the day on which the Commission makes its report under section 202(f). Upon making his report to the President, the Secretary shall also promptly make it public (with the exception of information which the Secretary determines to be confidential) and shall have a summary of it published in the Federal Register. ``SEC. 295. BENEFIT INFORMATION TO AGRICULTURAL COMMODITY PRODUCERS. ``(a) In General.--The Secretary shall provide full information to producers about the benefit allowances, training, and other employment services available under this title and about the petition and application procedures, and the appropriate filing dates, for such allowances, training, and services. The Secretary shall provide whatever assistance is necessary to enable groups to prepare petitions or applications for program benefits under this title. ``(b) Notice of Benefits.-- ``(1) In general.--The Secretary shall mail written notice of the benefits available under this chapter to each agricultural commodity producer that the Secretary has reason to believe is covered by a certification made under this chapter. ``(2) Other notice.--The Secretary shall publish notice of the benefits available under this chapter to agricultural commodity producers that are covered by each certification made under this chapter in newspapers of general circulation in the areas in which such producers reside. ``SEC. 296. QUALIFYING REQUIREMENTS FOR AGRICULTURAL COMMODITY PRODUCERS. ``(a) In General.--Payment of a trade adjustment allowance shall be made to an adversely affected agricultural commodity producer covered by a certification under this chapter who files an application for such allowance within 90 days after the date on which the Secretary makes a determination and issues a certification of eligibility under section 293, if the following conditions are met: ``(1) The producer submits to the Secretary sufficient information to establish the amount of agricultural commodity covered by the application filed under subsection (a), that was produced by the producer in the most recent year. ``(2) The producer certifies that the producer has not received cash benefits under any provision of this title other than this chapter. ``(b) Amount of Cash Benefits.-- ``(1) In general.--An adversely affected agricultural commodity producer described in subsection (a) shall be entitled to adjustment assistance under this chapter in an amount equal to the product of-- ``(A) one-half of the difference between-- ``(i) an amount equal to 80 percent of the average of the national average price of the agricultural commodity covered by the application described in subsection (a) for the 5 marketing years preceding the most recent marketing year, and ``(ii) the national average price of the agricultural commodity for the most recent marketing year, and ``(B) the amount of the agricultural commodity produced by the agricultural commodity producer in the most recent marketing year. ``(2) Special rule for subsequent qualified years.--The amount of cash benefits for a qualified year shall be determined in the same manner as cash benefits are determined under paragraph (1) except that the average national price of the agricultural commodity shall be determined under paragraph (1)(A)(i) by using the 5-marketing-year period used to determine the amount of cash benefits for the first certification. ``(c) Maximum Amount of Cash Assistance.--The maximum amount of cash benefits an agricultural commodity producer may receive in any 12- month period shall not exceed $10,000. ``(d) Limitations on Other Assistance.--An agricultural commodity producer entitled to receive a cash benefit under this chapter-- ``(1) shall not be eligible for any other cash benefit under this title, and ``(2) shall be entitled to employment services and training benefits under sections 235 and 236. ``SEC. 297. FRAUD AND RECOVERY OF OVERPAYMENTS. ``(a) In General.-- ``(1) Repayment.--If the Secretary, or a court of competent jurisdiction, determines that any person has received any payment under this chapter to which the person was not entitled, such person shall be liable to repay such amount to the Secretary, except that the Secretary may waive such repayment if the Secretary determines, in accordance with guidelines prescribed by the Secretary that-- ``(A) the payment was made without fault on the part of such person, and ``(B) requiring such repayment would be contrary to equity and good conscience. ``(2) Recovery of overpayment.--Unless an overpayment is otherwise recovered, or waived under paragraph (1), the Secretary shall recover the overpayment by deductions from any sums payable to such person under this chapter. ``(b) False Statements.--If the Secretary, or a court of competent jurisdiction, determines that a person-- ``(1) knowingly has made, or caused another to make, a false statement or representation of a material fact, or ``(2) knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation, or of such nondisclosure, such person has received any payment under this chapter to which the person was not entitled, such person shall, in addition to any other penalty provided by law, be ineligible for any further payments under this chapter. ``(c) Notice and Determination.--Except for overpayments determined by a court of competent jurisdiction, no repayment may be required, and no deduction may be made, under this section until a determination under subsection (a)(1) by the Secretary has been made, notice of the determination and an opportunity for a fair hearing thereon has been given to the person concerned, and the determination has become final. ``(d) Payment to Treasury.--Any amount recovered under this section shall be returned to the Treasury of the United States. ``(e) Penalties.--Whoever makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for himself or for any other person any payment authorized to be furnished under this chapter shall be fined not more than $10,000 or imprisoned for not more than 1 year, or both. ``SEC. 298. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Department of Labor for fiscal years 2000 through 2004, such sums as may be necessary to carry out the purposes of this chapter.''. (b) Conforming Amendment.--The table of contents for title II of the Trade Act of 1974 is amended by inserting after the items relating to chapter 5, the following: ``Chapter 6--Adjustment Assistance for Farmers ``Sec. 291. Definitions. ``Sec. 292. Petitions; group eligibility. ``Sec. 293. Determinations by Secretary. ``Sec. 294. Study by Secretary when International Trade Commission begins investigation. ``Sec. 295. Benefit information to agricultural commodity producers. ``Sec. 296. Qualifying requirements for agricultural commodity producers. ``Sec. 297. Fraud and recovery of overpayments. ``Sec. 298. Authorization of appropriations.''.

Requires the International Trade Commission to notify the Secretary immediately whenever it begins an investigation into whether an agricultural commodity is being imported into the United States in such increased quantities as to be a substantial cause or threat of serious injury to a domestic industry producing an agricultural commodity like or directly competitive with the imported agricultural commodity. Requires the Secretary, upon such notification, to study and report to the President and the public on: (1) the number of agricultural commodity producers who have been or are likely to be certified as eligible for trade adjustment assistance; and (2) the extent to which the adjustment of such producers to the import competition may be facilitated through the use of existing programs. Directs the Secretary to provide agricultural commodity producers with information about trade adjustment assistance petition and application procedures, benefit allowances, training, and other employment services. Sets forth certain eligibility requirements for the payment of trade adjustment assistance to adversely affected agricultural commodity producers. Limits to $10,000 the maximum annual amount of cash benefits a producer may receive. Provides for the repayment and recovery of overpayments of trade adjustment assistance made to such producers due to fraud. Sets forth penalties. Authorizes appropriations.

Trade Adjustment Assistance for Farmers Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Law Enforcement Act of 1993''. TITLE I--BORDER PERSONNEL, TRAINING AND INFRASTRUCTURE ENHANCEMENT SEC. 101. SHORT TITLE. This title may be cited as the ``Improved Border Control and Narcotics Abatement Act''. SEC. 102. EXPANDED BORDER PATROL AND SOUTHWESTERN REGION DEPLOYMENT. (a) Increased Personnel.--The Attorney General, in each of the fiscal years 1995 and 1996, shall increase by no fewer than 700 the number of full-time, active-duty Border Patrol agents within the Immigration and Naturalization Service above the numbers of such agents employed in the preceding fiscal year. (b) Deployment of Personnel.--The Attorney General shall, to the maximum extent practicable, ensure that the personnel hired pursuant to subsection (a) shall be deployed primarily on the Southwestern border of the United States or be actively engaged in law enforcement activities related to illegal transit of such border. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Justice for fiscal years 1995 and 1996 such sums as may be necessary for salaries and expenses relating to the employment and deployment of personnel under this section, including, but not limited to, such training authorized by this Act and otherwise deemed appropriate by the Attorney General. SEC. 103. HIRING PREFERENCE FOR BILINGUAL BORDER PATROL AGENTS. The Attorney General shall, in hiring the Border Patrol Agents specified in section 102(a), give priority to the employment of multilingual candidates who are proficient in both English and such other language or languages as may be spoken in the region in which such Agents are likely to be deployed. SEC. 104. IMPROVED BORDER PATROL TRAINING. (a) Improvement.--Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) is amended by adding at the end the following new subsection: ``(e)(1) The Attorney General shall ensure that all Border Patrol personnel, and any other personnel of the Service who are likely to have contact with undocumented or improperly documented persons, or other immigrants, in the course of their official duties, receive in- service training adequate to ensure that all such personnel respect the civil rights, personal safety, and human dignity of such persons at all times. ``(2) The Attorney General shall ensure that the annual report to Congress of the Service-- ``(A) describes in detail actions taken by the Attorney General to meet the requirement set forth in paragraph (1); ``(B) incorporates specific findings by the Attorney General with respect to the nature and scope of any verified incident of conduct by Border Patrol personnel that-- ``(i) was not consistent with paragraph (1); and ``(ii) was not described in a previous annual report; and ``(C) sets forth specific recommendations for preventing any similar incident in the future.''. SEC. 105. ADDITIONAL LAND BORDER INSPECTORS. (a) Increased Personnel.--In order to eliminate undue delay in the thorough inspection of persons and vehicles lawfully attempting to enter the United States, the Attorney General and Secretary of the Treasury shall increase, by approximately equal numbers in each of the fiscal years 1994, 1995, and 1996, the number of full-time land border inspectors assigned to active duty by the Immigration and Naturalization Service and the United States Customs Service to a level adequate to assure full staffing of all border crossing lanes now in use, under construction, or whose construction has been authorized by Congress. (b) Deployment of Personnel.--The Attorney General and the Secretary of the Treasury shall, to the maximum extent practicable, ensure that the personnel hired pursuant to subsection (a) shall be deployed primarily on the Southwestern border of the United States or be actively engaged in law enforcement activities related to illegal transit of such border. (c) Authorization of Appropriations.--There are authorized to be appropriated for the Department of Justice for fiscal years 1995, 1996, and 1997, and to the Department of the Treasury for fiscal years 1995, 1996, and 1997, such sums as may be necessary for salaries and expenses relating to the employment of the inspectors referred to in subsection (a). SEC. 106. IMPROVEMENT OF BORDER CROSSING INFRASTRUCTURE. (a) Identification of Necessary Improvements.--Not later than March 1, 1994, the Attorney General shall, in consultation with the Secretary of the Treasury, identify those physical improvements to the infrastructure of the international land borders of the United States necessary to expedite the inspection of persons and vehicles attempting to lawfully enter the United States in accordance with existing policies and procedures of the Immigration and Naturalization Service, the United States Customs Service, and the Drug Enforcement Agency. (b) Implementation of Recommendations.--Not later than March 1, 1994, the Attorney General shall begin implementation of projects for the physical improvements referred to in subsection (a). Improvements to the infrastructure of the Southwestern border of the United States shall be substantially completed and fully funded before the Attorney General may begin construction on any other such project. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Justice for fiscal years 1995, 1996, and 1997 such sums as may be necessary to carry out this section. SEC. 107. TECHNOLOGY AND EQUIPMENT TRANSFER TO THE DEPARTMENT OF JUSTICE. (a) Authority To Acquire Technology and Equipment.--In order to facilitate or improve the detection, interdiction, and reduction by the Immigration and Naturalization Service of illegal immigration into the United States, the Attorney General is authorized to acquire and utilize any Federal equipment (including, but not limited to, aircraft, helicopters, four wheel drive vehicles, sedans, night vision goggles, night vision scopes, and sensor units) determined available for transfer to the Department of Justice by any other agency of the Federal Government upon request of the Attorney General. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Justice for fiscal years 1995, 1996, and 1997, such sums as may be necessary for the acquisition of technology and equipment (including, but not limited to, aircraft, helicopters, four wheel drive vehicles, sedans, night vision goggles, night vision scopes, and sensor units) under subsection (b). SEC. 108. IMMIGRATION LAW ENFORCEMENT FUND. (a) Establishment of Fund.--There is hereby established in the Treasury of the United States a revolving fund known as the Immigration Law Enforcement Fund (hereafter in this section referred to as the ``Fund''). (b) Border Crossing User Fee.--Notwithstanding any other provision of law or treaty to which the United States is a party, the Attorney General, in consultation with the Secretaries of State and the Treasury, and such other parties as the Attorney General deems appropriate, shall collect from each individual entering into the United States by land or sea, without regard to the immigration or citizenship status of such individual a border crossing user fee of $1. (c) Fee Adjustment and Special Fee Program Authority.-- Notwithstanding subsection (b), the Attorney General may-- (1) adjust the border crossing user fee periodically to compensate for inflation and other escalation in the cost of carrying out the purposes of this Act; and (2) develop and implement special discounted fee programs for frequent border crossers including, but not limited to, commuter coupon books or passes. (d) Authorize Roll-Over of Fund Surpluses From Year-to-Year.--There shall be deposited in the Fund amounts received by the Attorney General as fees collected under subsection (b). (e) Uses of User Fee Fund.--(1) The Fund shall be available to the Attorney General, to the extent and in the amounts provided in appropriation Acts and without fiscal year limitation, to pay for matters authorized under this Act, as follows: (A) For additional salaries and expenses incurred by reason of the employment of personnel under this Act, including, but not limited to, Border Patrol, inspection, investigation, enforcement, and security personnel, and adjudication officers. (B) For costs relating to land border crossing infrastructure improvement. (C) For costs relating to the acquisition by the Department of Justice of technology and equipment (including, but not limited to, aircraft, helicopters, four wheel drive vehicles, sedans, night vision goggles, night vision scopes, and sensor units). (D) For the cost of facilitating and expanding the activities of the Organized Crime and Drug Enforcement Interagency Task Force in order to fully abate the flow of narcotics and other illegal drugs into the United States. (E) For the cost of expediting initial asylum claim review procedures. (F) For the cost of devising and implementing regulatory reform of the affirmative asylum adjudication process. (G) For the cost of expanding the Institutional Hearing Program. (H) For the cost of expanding the Advanced Passenger Information System. (I) For the cost of increasing rewards for information leading to the arrest and conviction of terrorists. (J) For the cost of conducting classes, or otherwise assisting or encouraging, legal immigrants to the United States to attain American citizenship. (K) For the cost of such other activities that, in the discretion of the Attorney General, will reduce: illegal transit of the Nation's borders, the flow of illegal drugs across such borders, the time necessary to process applications for asylum in the United States, and the number of alien criminals incarcerated in this country. (2) Funds made available under subparagraph (A) in each fiscal year shall be allotted to districts of the Immigration and Naturalization Service in proportion to the amount of illegal immigration in each district as the Attorney General finds to have occurred in the preceding fiscal year. TITLE II--ASYLUM REFORM SEC. 201. SHORT TITLE. This title may be cited as the ``Executive Order Enhanced Consideration Revocation Act''. SEC. 202. PARTIAL REVOCATION OF EXECUTIVE ORDER. Section 4 of Executive Order No. 12711 of April 11, 1990, and any rule, regulation, or order issued under that section, shall be of no force or effect, except that nothing in this Act invalidates or otherwise affects any final determination of eligibility for asylum made before the date of enactment of this Act. TITLE III--CRIMINAL ALIEN DEPORTATION AND ENHANCED PRISONER TRANSFER SEC. 301. SHORT TITLE. This title may be cited as the ``Criminal Alien Deportation and Enhanced Transfer Act of 1993''. SEC. 302. JUDICIAL ORDER OF DEPORTATION. (a) In General.--Subchapter A of chapter 227 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3560. Order of deportation for certain aliens ``The court, upon sentencing an individual who is an alien for an aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act) shall include in the sentencing order issued a declaration that the individual is deportable. A presentence report required under the Rules of Criminal Procedure with respect to the sentencing of any individual for such a felony shall specify whether or not such individual is an alien.''. (b) Clerical Amendment.--The table of sections at the beginning of subchapter A of chapter 227 of title 18, United States Code, is amended by adding at the end the following new item: ``3560. Order of deportation for certain aliens.''. (c) Deportation Procedures.--Section 242A of the Immigration and Nationality Act (18 U.S.C. 1252a) is amended by adding at the end the following: ``(f) Deportation Pursuant to a Judicial Order.--An alien subject to a judicial order of deportation under section 3560 of title 18, United States Code, shall be deported promptly consistent with section 242(h).''. SEC. 303. NEGOTIATIONS FOR INTERNATIONAL AGREEMENTS. (a) Negotiations With Other Countries.--The Secretary of State, together with the Attorney General, may enter into an agreement with any foreign country providing for the incarceration in that country of any individual who-- (1) is a national of that country; and (2) is an alien who-- (A) is not in lawful immigration status in the United States, or (B) on the basis of conviction of a criminal offense under Federal or State law, or on any other basis, is subject to deportation under the Immigration and Nationality Act, for the duration of the prison term to which the individual was sentenced for the offense referred to in subparagraph (B). Any such agreement may provide for the release of such individual pursuant to parole procedures of that country. (b) Priority.--In carrying out subsection (a), the Secretary of State should give priority to concluding an agreement with any country for which the President determines that the number of individuals described in subsection (a) who are nationals of that country in the United States represents a significant percentage of all such individuals in the United States. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 304. DENIAL OF DISCRETIONARY RELIEF TO ALIENS CONVICTED OF AGGRAVATED FELONIES. (a) Ineligibility for Suspension of Deportation.--Section 244 of the Immigration and Nationality Act (8 U.S.C. 1254) is amended by adding at the end the following new subsection: ``(g) Suspension of deportation and adjustment of status under subsection (a)(2) shall not be available to any alien who has been convicted of an aggravated felony.''. (b) Application of Exclusion for Drug Offenses.--Section 212(h) of the Immigration and Nationality Act (8 U.S.C. 1182(h)) is amended in the second sentence by inserting ``or any other aggravated felony'' after ``torture''. (c) Adjustment of Status; Change of Nonimmigrant Classification.-- (1) Section 245(c) of the Immigration and Nationality Act (8 U.S.C. 1255(c)) is amended-- (A) by striking ``or'' after ``section 212(d)(4)(C)''; and (B) by inserting ``; or (5) an alien who has been convicted of an aggravated felony'' immediately after ``section 217''. (2) Section 248 of such Act (8 U.S.C. 1258) is amended-- (A) by striking ``and'' at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(5) an alien convicted of an aggravated felony.''. SEC. 305. ANNUAL REPORT. Not later than 12 months after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to the appropriate committees of the Congress a report detailing-- (1) the number of illegal aliens incarcerated in Federal and State prisons for having committed felonies; (2) programs and plans underway in the Department of Justice to ensure the prompt removal from the United States of criminal aliens subject to exclusion or deportation; and (3) methods for identifying and preventing the unlawful reentry of aliens who have been convicted of criminal offenses in the United States and removed from the United States.

TABLE OF CONTENTS: Title I: Border Personnel, Training and Infrastructure Enhancement Title II: Asylum Reform Title III: Criminal Alien Deportation and Enhanced Prisoner Transfer Immigration Law Enforcement Act of 1993 - Title I: Border Personnel, Training and Infrastructure Enhancement - Improved Border Control and Narcotics Abatement Act - Authorizes appropriations and increases personnel levels for: (1) the Border Patrol; and (2) land border inspectors. Provides for: (1) primary deployment of such personnel on the Southwest border of the United States; (2) hiring preference for bilingual Border Patrol agents; and (3) improved training and improvement of border crossing infrastructure. Authorizes appropriations for Immigration and Naturalization Service technology and equipment acquisition. Establishes in the Treasury the Immigration Law Enforcement Fund. Creates a border crossing user fee. Title II: Asylum Reform - Executive Order Enhanced Consideration Revocation Act - Amends a specified Executive Order to partially revoke a provision with respect to asylum claims based upon birth control policies. Title III: Criminal Alien Deportation and Enhanced Prisoner Transfer - Criminal Alien Deportation and Enhanced Transfer Act of 1993 - Amends Federal criminal law to provide for a judicial order of deportation in the sentencing of an alien convicted of certain aggravated felonies. Authorizes the Secretary of State with the Attorney General to negotiate agreements with foreign countries for home-country incarceration of aliens subject to U.S. deportation. Authorizes appropriations. Amends the Immigration and Nationality Act to: (1) make an alien convicted of an aggravated felony ineligible for suspension of deportation and status of adjustment; and (2) prohibit the waiver of exclusion for an alien convicted of an aggravated felony.

Immigration Law Enforcement Act of 1993

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Pathways to an Affordable Education Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Increasing the Federal Pell Grant and adding a cost of living adjustment. Sec. 3. Funding the Federal Pell Grant program through mandatory appropriations. Sec. 4. Mandatory Federal Pell Grant increases. Sec. 5. Federal Pell Grant duration limit. Sec. 6. Restoration of eligibility for year-round Federal Pell Grants. Sec. 7. Expansion of Pell Grant exclusion from gross income. Sec. 8. Federal Pell Grant early communication. Sec. 9. Contribution from adjusted available income. SEC. 2. INCREASING THE FEDERAL PELL GRANT AND ADDING A COST OF LIVING ADJUSTMENT. (a) In General.--Section 401(b)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(2)(A)) is amended by striking clauses (i) and (ii) and inserting the following: ``(i)(I) for award year 2017-2018, $9,139; and ``(II) for award year 2018-2019 and each subsequent award year, the amount of the maximum Federal Pell Grant determined under this clause for the immediately preceding award year, increased by a percentage equal to the estimated percentage increase, if any, in the Consumer Price Index (as determined by the Secretary, using the definition in section 478(f)) for the most recent calendar year ending prior to the beginning of that award year; plus ``(ii) any additional amount specified for the maximum Federal Pell Grant in the last enacted appropriation Act applicable to that award year, less''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to Federal Pell Grants awarded under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) for award year 2017- 2018 and each succeeding award year. SEC. 3. FUNDING THE FEDERAL PELL GRANT PROGRAM THROUGH MANDATORY APPROPRIATIONS. (a) In General.--Section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)) is amended-- (1) in paragraph (2), by adding at the end the following: ``(C)(i) For fiscal year 2017 and each succeeding fiscal year, there are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to provide, in combination with any amounts separately appropriated under subparagraph (A)(ii), Federal Pell Grants under this section in the amount specified in subparagraph (A) to all eligible students. ``(ii) The amounts made available by clause (i) for any fiscal year shall be available beginning on October 1 of that fiscal year, and shall remain available through September 30 of the succeeding fiscal year.''; and (2) by striking paragraph (7). (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to Federal Pell Grants awarded under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) for award year 2017- 2018 and each succeeding award year. SEC. 4. MANDATORY FEDERAL PELL GRANT INCREASES. (a) Increases.--Section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)) (as amended by this Act) is further amended-- (1) in paragraph (2)-- (A) by striking ``(2)'' and all that follows through ``The amount of the Federal Pell Grant'' and inserting ``(2)(A) The amount of the Federal Pell Grant''; (B) by moving the margins of subparagraph (A) two ems to the left; and (C) in subparagraph (A)-- (i) by redesignating clause (iii) as clause (iv); and (ii) by inserting after clause (ii) the following new clause (iii): ``(iii) the amount of the increase calculated under paragraph (7), less''; and (2) by adding at the end the following new paragraph: ``(7)(A) The amount of the maximum Federal Pell Grant for which an eligible student is eligible during an award year, as specified in paragraph (2)(A) for that award year, shall be increased by the difference between-- ``(i) the average total cost of attendance for first-time, full-time undergraduate students in the United States at public 2-year institutions for students living on-campus, as determined by the National Center for Education Statistics, for the last academic year preceding the beginning of the fiscal year for which the increase is made; and ``(ii) the amount of the maximum Federal Pell Grant for which a student is eligible during an award year, as specified in paragraph (2)(A) for that award year. ``(B) For purposes of subparagraph (A), an eligible student is an otherwise eligible student who has a negative or zero estimated family contribution.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to Federal Pell Grants awarded under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) for award year 2017- 2018 and each succeeding award year. SEC. 5. FEDERAL PELL GRANT DURATION LIMIT. (a) In General.--Section 401(c)(5) of the Higher Education Act of 1965 (20 U.S.C. 1070a(c)(5)) is amended by striking ``12 semesters'' and inserting ``15 semesters'' each place the term appears. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to Federal Pell Grants awarded under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) for award year 2017- 2018 and each succeeding award year. SEC. 6. RESTORATION OF ELIGIBILITY FOR YEAR-ROUND FEDERAL PELL GRANTS. (a) In General.--Section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)) (as amended by this Act) is further amended by adding at the end the following: ``(8) Year-round federal pell grant students.-- ``(A) In general.--Notwithstanding any other provision of this subsection, the Secretary shall award, to an eligible student who meets the requirements in subparagraph (B) who has received a Federal Pell Grant for an award year and is enrolled in a program of study for one or more additional payment periods during the same award year that are not otherwise covered by the student's Federal Pell Grant, an additional Federal Pell Grant for the additional payment periods. ``(B) Eligibility.--In order to be eligible to receive the additional Federal Pell Grant for an award year that is described in subparagraph (A), a student shall, in addition to meeting all eligibility requirements for the receipt of a Federal Pell Grant-- ``(i) be enrolled on at least a half-time basis for a period of more than one academic year, or more than 2 semesters or the equivalent of 2 semesters, during a single award year; and ``(ii) be enrolled in a program of instruction at an institution of higher education for which the institution awards an associate or baccalaureate degree or a certificate. ``(C) Amounts.--In the case of a student receiving more than one Federal Pell Grant in a single award year under subparagraph (A), the total amount of the Federal Pell Grants awarded to such student for the award year shall not exceed an amount equal to 150 percent of the amount of the maximum Federal Pell Grant for which such student is eligible, as specified in paragraph (2)(A) for that award year. ``(D) Inclusion in duration limit.--Any period of study covered by a Federal Pell Grant awarded under subparagraph (A) shall be included in determining a student's duration limit under subsection (c)(5). ``(9) Crossover period.--In any case where an eligible student is receiving a Federal Pell Grant for a payment period that spans 2 award years, the Secretary shall allow the eligible institution in which the student is enrolled to determine the award year to which the additional period shall be assigned.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on July 1, 2017. SEC. 7. EXPANSION OF PELL GRANT EXCLUSION FROM GROSS INCOME. (a) In General.--Paragraph (1) of section 117(b) of the Internal Revenue Code of 1986 is amended by striking ``received by an individual'' and all that follows and inserting ``received by an individual-- ``(A) as a scholarship or fellowship grant to the extent the individual establishes that, in accordance with the conditions of the grant, such amount was used for qualified tuition and related expenses, or ``(B) as a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (as amended by the Pathways to an Affordable Education Act).''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2015. SEC. 8. FEDERAL PELL GRANT EARLY COMMUNICATION. Section 485E of the Higher Education Act of 1965 (20 U.S.C. 1092f) is amended-- (1) in subsection (a), by inserting ``elementary schools,'' before ``secondary schools,''; and (2) in subsection (b)-- (A) in paragraph (1)(A), by striking ``students'' and inserting ``students and parents of students''; and (B) in paragraph (2)-- (i) in the paragraph heading, by inserting ``Elementary and'' before ``secondary''; (ii) by inserting ``elementary schools,'' after ``financial aid,''; (iii) by striking ``notify students in secondary school'' and inserting ``notify students in elementary or secondary school''; (iv) by striking ``students' junior year of secondary school'' and inserting ``students' sixth grade year of school''; and (v) by striking ``students in secondary school'' and inserting ``students in sixth grade''. SEC. 9. CONTRIBUTION FROM ADJUSTED AVAILABLE INCOME. (a) Amendments.-- (1) Dependent students.--Section 475(b) of the Higher Education Act of 1965 (20 U.S.C. 1087oo(b)) is amended in the matter following paragraph (3), by striking ``except that'' and inserting ``except that for purposes other than subpart 1 of part A of this title''. (2) Independent students without dependents.--Section 476(a) of the Higher Education Act of 1965 (20 U.S.C. 1087pp(a)) is amended in the matter following paragraph (3), by striking ``except that'' and inserting ``except that for purposes other than subpart 1 of part A of this title''. (3) Independent students with dependents.--Section 477(a) of the Higher Education Act of 1965 (20 U.S.C. 1087qq(a)) is amended the matter following paragraph (4), by striking ``except that'' and inserting ``except that for purposes other than subpart 1 of part A of this title''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to award year 2017-2018 and each succeeding award year.

Pathways to an Affordable Education Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to modify provisions related to the Federal Pell Grant program. Among other things, it: increases the maximum Pell Grant award for academic year 2017-2018 and adjusts it in subsequent award years to account for inflation, converts the Pell Grant program into a mandatory spending program, increases from 12 to 15 semesters a student's lifetime Pell Grant eligibility period, and restores year-round grants. Additionally, the bill amends the Internal Revenue Code to include, as a qualified scholarship excludible from gross income, any amount received as a Pell Grant.

Pathways to an Affordable Education Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improved Budget Presentation Act''. SEC. 2. PURPOSE. The purpose of this Act is to establish a commission which will submit findings and recommendations to provide a more effective presentation of capital and operating expenses of the United States Government. SEC. 3. FINDINGS. The Congress finds the following: (1) The Federal Government does not take a comprehensive look at capital investment programs across agency and program lines to see how they fit into a national strategy for maintaining and improving the Nation's public facilities. (2) Both the executive branch and the Congress tend to set priorities for physical capital investment program-by-program. There is no consistent basis for setting priorities among projects and programs, and there is no framework in which to identify those having similar objectives and those that are at cross-purposes. (3) This program- and project-orientation makes planning for public facilities vulnerable to short-term factors, thus impairing the stability and predictability needed for an efficient capital investment program. (4) A separate capital budget would establish a useful planning process because it would focus on long-term projects, costs, and benefits. SEC. 4. COMMISSION ON THE PRESENTATION OF THE BUDGET OF THE UNITED STATES. (a) Establishment.--To carry out the purpose of section 2, there is established the Commission on the Presentation of the Budget of the United States (hereinafter in this Act referred to as the ``Commission''). (b) Membership.--The Commission shall be composed of the following 9 members: (1) The Deputy Director of the Office of Management and Budget, who shall act as Chairman of the Commission. (2) The Comptroller General of the United States, or his or her delegate. (3) The Director of the Congressional Budget Office, or his or her delegate. (4) Two members of the House of Representatives, one appointed by the Speaker of the House and one appointed by the minority leader of the House. (5) Two members of the Senate, one appointed by the President pro tempore of the Senate and one appointed by the minority leader of the Senate. (6) Two executive branch officials appointed by the President, who-- (A) are not employed in the Executive Office of the President; (B) hold positions at or above level III of the Executive Schedule; and (C) have substantial responsibilities for formulating, presenting, and implementing executive budgets. (c) Completion of Appointments.--Appointment of the members of the Commission shall be completed within 30 days after the effective date of this Act. (d) Vacancies.--Any vacancy in the membership of the Commission shall not affect its powers, and shall be filled in the same manner in which the original appointment was made. (e) Compensation.--Members of the Commission shall not receive compensation for their service on the Commission, but shall be reimbursed by the Federal organization in which they are employed for travel, subsistence, and other necessary expenses incurred in the performance of their duties on the Commission. SEC. 5. DUTIES OF THE COMMISSION. (a) In General.--The Commission shall-- (1) study and investigate the manner in which all departments, agencies, independent establishments, and instrumentalities of the United States Government participate in the formulation and presentation of the United States Budget; and (2) make such recommendations as the members of the Commission consider appropriate to provide improved governmental processes in the formulation, presentation, and implementation of the United States Budget with respect to-- (A) the ability of the United States Budget to distinguish between capital activities and operating activities, and between operating funds and trust funds, to identify the resources needed to meet the Government's needs; (B) improved procedures among departments, agencies, independent establishments, and instrumentalities of the United States Government to provide improved coordination and control with respect to the formulation, presentation, and implementation of the United States Budget; and (C) more effective arrangements between the executive branch and the Congress, which will better enable each to carry out its budgeting, revenue, and appropriation responsibilities. (c) Report.--The Commission shall submit a comprehensive report to the President and the Congress by not later than 7 months after the effective date of this Act, containing the findings and recommendations of the Commission. Such recommendations may include proposed legislation and administrative actions the Commission considers appropriate. SEC. 6. POWERS OF THE COMMISSION. (a) Meetings.--(1) The Commission may, for the purpose of carrying out the provisions of this Act, hold such hearings, sit and act at such times and places, administer such oaths, and require the attendance and testimony of such witnesses and the production of such books, records, correspondence, memorandums, papers, and documents, as the Commission may consider advisable. (2) Five members of the Commission shall constitute a quorum, except that a lesser number may hold hearings. (b) Obtaining Information, Etc.--The Commission may request from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality information, suggestions, estimates, and statistics for the purposes of this Act. Each such department, bureau, agency, board, commission, office, establishment, or instrumentality shall, to the extent not otherwise prohibited by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairman. SEC. 7. STAFF OF THE COMMISSION. The individual Commission members shall obtain staff support from their respective employing organizations. SEC. 8. TERMINATION. The Commission shall cease to exist on the 30th day after the date on which it submits its report under section 5(c).

Improved Budget Presentation Act - Establishes the Commission on the Presentation of the Budget of the United States to study and report to the President and the Congress on recommendations to provide improved governmental processes in the formulation, presentation, and implementation of the Federal budget with respect to: (1) the ability of the budget to distinguish between capital and operating activities, and between operating and trust funds, to identify the resources needed to meet the Government's needs; (2) improved procedures among Federal departments, agencies, independent establishments, and instrumentalities to provide improved coordination and control with respect to the budget; and (3) more effective arrangements between the executive branch and the Congress which will better enable each to carry out its budgeting, revenue, and appropriation responsibilities.

Improved Budget Presentation Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Consumer Phone Record Security Act of 2006''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Fraud and related activity in connection with obtaining customer proprietary network information. Sec. 3. Enforcement by Federal Trade Commission. Sec. 4. Concurrent enforcement by Federal Communications Commission. Sec. 5. Enforcement by States. Sec. 6. Consumer redress. Sec. 7. Protection of customer proprietary network information. SEC. 2. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH OBTAINING CUSTOMER PROPRIETARY NETWORK INFORMATION. (a) Unauthorized Access or Use of CPNI.--It is unlawful for any person-- (1) to obtain, or attempt to obtain, an individual's customer proprietary network information without authorization from the individual to whom the information relates by-- (A) making false or fraudulent statements or representations to an employee or customer of a telecommunications carrier; (B) providing false documentation to a telecommunications carrier; or (C) accessing customer accounts of a telecommunications carrier via the Internet; or (2) to cause, or attempt to cause, an individual's customer proprietary network information to be disclosed to any other person without authorization from the individual to whom the information relates. (b) Unauthorized Sale of Customer Proprietary Network Information.--Except as otherwise authorized by law, it is unlawful for any person to sell, or offer for sale, customer proprietary network information without affirmative written authorization from the individual to whom the information relates. (c) Solicitation To Obtain Customer Proprietary Network Information.--It is unlawful for any person to request that another person obtain customer proprietary network information from a telecommunications carrier, knowing that the other person will obtain the information from the telecommunications carrier in any manner that is unlawful under subsection (a). (d) Law Enforcement Exception.--Nothing in this section prohibits a law enforcement officer from obtaining customer proprietary network information from a telecommunications carrier if-- (1) the officer, employee, or agent is acting within his or her scope of employment; (2) the officer, employee, or agent is authorized by law to obtain the information; and (3) the information may lawfully be disclosed to the officer pursuant to court order or other legal authority. (e) Definitions.--In this section: (1) Customer proprietary network information.--The term ``customer proprietary network information'' has the meaning given that term in section 222(i)(1) of the Communications Act of 1934 (47 U.S.C. 222(i)(1))). (2) Law enforcement officer.--The term ``law enforcement officer'' has the meaning given that term in section 232(7) of title 18, United States Code. (3) Telecommunications carrier.--The term ``telecommunications carrier'' has the meaning given that term in section 222(i)(8) of the Communications Act of 1947 (47 U.S.C. 222(i)(8)). SEC. 3. ENFORCEMENT BY FEDERAL TRADE COMMISSION. (a) In General.--Except as provided in sections 4, 5, and 6 of this Act, this Act shall be enforced by the Federal Trade Commission. (b) Violation Treated as an Unfair or Deceptive Act or Practice.-- Violation of section 2 shall be treated as an unfair or deceptive act or practice proscribed under a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (c) Actions by the Commission.--The Commission shall prevent any person from violating this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person that violates section 2 is subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (d) Additional Penalty.--In addition to any other penalty prescribed by law-- (1) a civil penalty of not more than $11,000 shall be imposed for each violation of section 2 of this Act; and (2) a violation of section 2 of this Act with respect to the customer network proprietary information of an individual shall be treated as a separate violation from a violation of section 2 of this Act with respect to the customer network proprietary information of any other individual. SEC. 4. CONCURRENT ENFORCEMENT BY FEDERAL COMMUNICATIONS COMMISSION. The Federal Communications Commission shall enforce section 2. For purposes of enforcement of that section by the Commission, a violation of that section is deemed to be a violation of a provision of the Communications Act of 1934 (47 U.S.C. 151 et seq.) rather than a violation of the Federal Trade Commission Act. SEC. 5. ENFORCEMENT BY STATES. (a) In General.--A State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce section 2 or to impose the civil penalties authorized by section 3, whenever the chief legal officer of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of this Act or a regulation under this Act. (b) Notice.--The State shall serve written notice on the Federal Trade Commission and the Federal Communications Commission of any civil action under subsection (a) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such civil action. (c) Authority To Intervene.--Upon receiving the notice required by subsection (b), either Commission may intervene in such civil action and upon intervening-- (1) be heard on all matters arising in such civil action; and (2) file petitions for appeal of a decision in such civil action. (d) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this section shall prevent the chief legal officer of a State from exercising the powers conferred on that officer by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (e) Venue; Service of Process.-- (1) Venue.--An action brought under subsection (a) shall be brought in a district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (2) Service of process.--In an action brought under subsection (a)-- (A) process may be served without regard to the territorial limits of the district or of the State in which the action is instituted; and (B) a person who participated in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. SEC. 6. CONSUMER REDRESS. (a) In General.--An individual whose customer proprietary network information has been obtained, used, or sold in violation of section 2 may file a civil action in any court of competent jurisdiction against the person who committed the violation. (b) Remedies.--A court in which such a civil action has been brought may-- (1) impose a civil penalty of not more than $11,000 for each violation of this Act with respect to the plaintiff's customer proprietary network information; and (2) provide such additional relief as the court deems appropriate, including the award of court costs, investigative costs, and reasonable attorney's fees. (c) Limitation.--Nothing in this section authorizes an individual to bring a civil action against a telecommunications carrier (as defined in section 222(i)(8) of the Communications Act of 1947 (47 U.S.C. 222(i)(8))). SEC. 7. PROTECTION OF CUSTOMER PROPRIETARY NETWORK INFORMATION. (a) In General.--Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following: ``(h) Protection of Customer Proprietary Network Information.-- ``(1) In general.--A telecommunications carrier shall-- ``(A) implement a system by which the carrier can determine whether an individual has authorized access to, or the release of, an individual's customer proprietary network information before it is made available to third parties; ``(B) ensure that personnel with access to customer proprietary network information are trained as to when they are and are not authorized to use customer proprietary network information and have a disciplinary process in effect for disciplining personnel for misuse of customer proprietary network information; ``(C) maintain for at least 1 year a record of any sales or marketing campaign conducted by carrier or its affiliates that uses customer proprietary network information; ``(D) maintain for at least 1 year a record of each instance in which customer proprietary network information was disclosed or provided to the customer or third parties, or where third parties were allowed access to customer proprietary network information, in the sales or marketing campaign that includes-- ``(i) a description of the sales or marketing campaign in which the information was used; ``(ii) the specific customer proprietary network information that was used in the campaign; and ``(iii) a description of the products and services that were offered as a part of the campaign; ``(E) establish a supervisory review process regarding compliance with this subsection for outbound marketing situations and maintain for at least 1 year a record of its compliance; ``(F) require an officer or agent of the carrier to sign a compliance certificate on an annual basis stating that the officer or agent has personal knowledge that the carrier has established operating procedures that are adequate to ensure compliance with this subsection; and ``(G) submit to the Commission annually-- ``(i) a copy of the certificate required by subparagraph (F); and ``(ii) a plan that reflects its compliance with the requirements of this subsection. ``(2) Annual FCC Reports.--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 annually on the compliance of telecommunications carriers with the requirements of this subsection.''. (b) Definitions.--Section 222(i) of the Communications Act of 1934 (as redesignated by subsection (a)) is amended by adding at the end the following: ``(8) Telecommunications carrier.--The term `telecommunications carrier'-- ``(A) has the meaning given that term by section 3(44); but ``(B) includes a provider of IP-enabled voice service. ``(9) IP-enabled voice service.--The term `IP-enabled voice service' means the provision of real-time 2-way voice communications offered to the public, or such classes of users as to be effectively available to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, for a fee (whether part of a bundle of services or separately) with 2-way interconnection capability such that the service can originate traffic to, and terminate traffic from, the public switched telephone network.''. (c) Regulations.--Within 90 days after the date of enactment of this Act, the Federal Communications Commission shall promulgate such regulations as may be necessary to implement section 222(i)(8) of the Communications Act of 1934 (47 U.S.C. 222(i)(8)), as added by subsection (b) of this section, including the application of section 222 of that Act with the expanded definition of telecommunications carrier.

Consumer Phone Record Security Act of 2006 - Makes it unlawful for a person to: (1) obtain, or attempt to obtain, through fraud an individual's customer proprietary network information (CPNI), or cause, or attempt to cause, such individual's CPNI to be disclosed to another person without that person's authorization; (2) sell, or offer for sale, a person's CPNI without their authorization; or (3) request another person to obtain a person's CPNI from a telecommunications carrier without proper authorization (with an exception authorizing a law enforcement official to obtain a person's CPNI provided certain conditions are met). Requires enforcement of the requirements of this Act by the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and the states. Authorizes a person whose CPNI has been obtained, used, or sold in violation of the requirements of this Act to file an action for civil relief against the violator in the appropriate court. Amends the Communications Act of 1934 to require telecommunications carriers to implement certain measures to protect a person's CPNI.

A bill to provide enhanced consumer protection from unauthorized sales and use of confidential telephone information by amending the Communications Act of 1934, prohibiting certain practices, and providing for enforcement by the Federal Trade Commission and States, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; PURPOSE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Academic Partnerships Lead Us to Success Act'' or the ``A PLUS Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; purpose; definitions. Sec. 2. Declaration of intent. Sec. 3. Transparency for results of public education. Sec. 4. Maintenance of funding levels spent by States on education. Sec. 5. Administrative expenses. Sec. 6. Equitable participation of private schools. (c) Purpose.--The purposes of this Act are as follows: (1) To give States and local communities maximum flexibility to determine how to improve academic achievement and implement education reforms. (2) To reduce the administrative costs and compliance burden of Federal education programs in order to focus Federal resources on improving academic achievement. (3) To ensure that States and communities are accountable to the public for advancing the academic achievement of all students, especially disadvantaged children. (d) Definitions.-- (1) In general.--Except as otherwise provided, the terms used in this Act have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801 et seq.). (2) Other terms.--In this Act: (A) Accountability.--The term ``accountability'' means that public schools are answerable to parents and other taxpayers for the use of public funds and shall report student progress to parents and taxpayers regularly. (B) Declaration of intent.--The term ``declaration of intent'' means a decision by a State, as determined by State Authorizing Officials or by referendum, to assume full management responsibility for the expenditure of Federal funds for certain eligible programs for the purpose of advancing, on a more comprehensive and effective basis, the educational policy of such State. (C) State.--The term ``State'' has the meaning given such term in section 1122(e) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6332(e)). (D) State authorizing officials.--The term ``State Authorizing Officials'' means the State officials who shall authorize the submission of a declaration of intent, and any amendments thereto, on behalf of the State. Such officials shall include not less than 2 of the following: (i) The governor of the State. (ii) The highest elected education official of the State, if any. (iii) The legislature of the State. (E) State designated officer.--The term ``State Designated Officer'' means the person designated by the State Authorizing Officials to submit to the Secretary, on behalf of the State, a declaration of intent, and any amendments thereto, and to function as the point- of-contact for the State for the Secretary and others relating to any responsibilities arising under this Act. SEC. 2. DECLARATION OF INTENT. (a) In General.--Each State is authorized to submit to the Secretary a declaration of intent permitting the State to receive Federal funds on a consolidated basis to manage the expenditure of such funds to advance the educational policy of the State. (b) Programs Eligible for Consolidation and Permissible Use of Funds.-- (1) Scope.--A State may choose to include within the scope of the State's declaration of intent any program for which Congress makes funds available to the State if the program is for a purpose described in the Elementary and Education Secondary Act of 1965 (20 U.S.C. 6301). A State may not include any program funded pursuant to the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). (2) Uses of funds.--Funds made available to a State pursuant to a declaration of intent under this Act shall be used for any educational purpose permitted by State law of the State submitting a declaration of intent. (c) Contents of Declaration.--Each declaration of intent shall contain-- (1) a list of eligible programs that are subject to the declaration of intent; (2) an assurance that the submission of the declaration of intent has been authorized by the State Authorizing Officials, specifying the identity of the State Designated Officer; (3) the duration of the declaration of intent; (4) an assurance that the State will use fiscal control and fund accounting procedures; (5) an assurance that the State will meet the requirements of applicable Federal civil rights laws in carrying out the declaration of intent and in consolidating and using the funds under the declaration of intent; (6) an assurance that in implementing the declaration of intent the State will seek to advance educational opportunities for the disadvantaged; and (7) a description of the plan for maintaining direct accountability to parents and other citizens of the State. (d) Duration.--The duration of the declaration of intent shall not exceed 5 years. (e) Review and Recognition by the Secretary.-- (1) In general.--The Secretary shall review the declaration of intent received from the State Designated Officer not more than 60 days after the date of receipt of such declaration, and shall recognize such declaration of intent unless the declaration of intent fails to meet the requirements under subsection (c). (2) Recognition by operation of law.--If the Secretary fails to take action within the time specified in paragraph (1), the declaration of intent, as submitted, shall be deemed to be approved. (f) Amendment to Declaration of Intent.-- (1) In general.--The State Authorizing Officials may direct the State Designated Officer to submit amendments to a declaration of intent that is in effect. Such amendments shall be submitted to the Secretary and considered by the Secretary in accordance with subsection (e). (2) Amendments authorized.--A declaration of intent that is in effect may be amended to-- (A) expand the scope of such declaration of intent to encompass additional eligible programs; (B) reduce the scope of such declaration of intent by excluding coverage of a Federal program included in the original declaration of intent; (C) modify the duration of such declaration of intent; or (D) such other modifications that the State Authorizing Officials deem appropriate. (3) Effective date.--The amendment shall specify an effective date. Such effective date shall provide adequate time to assure full compliance with Federal program requirements relating to an eligible program that has been removed from the coverage of the declaration of intent by the proposed amendment. (4) Treatment of program funds withdrawn from declaration of intent.--Beginning on the effective date of an amendment executed under paragraph (2)(B), each program requirement of each program removed from the declaration of intent shall apply to the State's use of funds made available under the program. SEC. 3. TRANSPARENCY FOR RESULTS OF PUBLIC EDUCATION. (a) In General.-- (1) Informing the public about assessment and proficiency.--Each State operating under a declaration of intent under this Act shall inform parents and the general public regarding the student achievement assessment system, demonstrating student progress relative to the State's determination of student proficiency, as described in paragraph (2), for the purpose of accountability. (2) Assessment and standards.--Each State operating under a declaration of intent under this Act shall establish and implement a single system of academic standards and academic assessments, including the development of student proficiency goals. Such State may apply the academic assessments and standards described under section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) or establish and implement different academic assessments and standards. (b) Accountability System.--The State shall determine and establish an accountability system to ensure accountability under this Act. (c) Report on Student Progress.--Not later than 1 year after the effective date of the declaration of intent, and annually thereafter, a State shall disseminate widely to parents and the general public a report that describes student progress. The report shall include-- (1) student performance data disaggregated in the same manner as data are disaggregated under section 1111(b)(3)(C)(xiii) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)(xiii)); and (2) a description of how the State has used Federal funds to improve academic achievement, reduce achievement disparities between various student groups, and improve educational opportunities for the disadvantaged. SEC. 4. MAINTENANCE OF FUNDING LEVELS SPENT BY STATES ON EDUCATION. (a) In General.--For each State consolidating and using funds pursuant to a declaration of intent under this Act, for each school year of the declaration of intent, the aggregate amount of funds spent by the State on elementary and secondary education shall be not less than 90 percent of the aggregate amount of funds spent by the State on elementary and secondary education for the school year that coincides with the date of enactment of this Act. (b) Exception.-- (1) State waiver claim.--The requirement of subsection (a) may be waived by the State Authorizing Officials if the State having a declaration of intent in effect makes a determination, supported by specific findings, that uncontrollable or exceptional circumstances, such as a natural disaster or extreme contraction of economic activity, preclude compliance for a specified period, which may be extended. Such determination shall be presented to the Secretary by the State Designated Officer. (2) Action by the secretary.--The Secretary shall accept the State's waiver, as described in paragraph (1), if the State has presented evidence to support such waiver. The Secretary shall review the waiver received from the State Designated Officer not more than 60 days after the date of receipt. If the Secretary fails to take action within that time frame, the waiver, as submitted, shall be deemed to be approved. SEC. 5. ADMINISTRATIVE EXPENSES. (a) In General.--Except as provided in subsection (b), the amount that a State with a declaration of intent may expend for administrative expenses shall be limited to 1 percent of the aggregate amount of Federal funds made available to the State through the eligible programs included within the scope of such declaration of intent. (b) States Not Consolidating Funds Under Part A of Title I.--If the declaration of intent does not include within its scope part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), the amount spent by the State on administrative expenses shall be limited to 3 percent of the aggregate amount of Federal funds made available to the State pursuant to such declaration of intent. SEC. 6. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS. Each State consolidating and using funds pursuant to a declaration of intent under this Act shall provide for the participation of private school children and teachers in the activities assisted under the declaration of intent in the same manner as participation is provided to private school children and teachers under section 9501 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881).

Academic Partnerships Lead Us to Success Act or the A PLUS Act - Allows each state to submit to the Secretary of Education a declaration of intent, applicable for up to five years, permitting it to receive federal funds on a consolidated basis that would otherwise be directed toward specific programs furthering the stated purpose of title I (Improving the Academic Achievement of the Disadvantaged) of the Elementary and Secondary Education Act of 1965. Requires each declaration to be formulated by a combination of specified State Authorizing Officials or by referendum and to list the programs for which consolidated funding is requested. Allows states to use such funds for any educational purpose permitted by state law, but requires them to make certain assurances that they will use fiscal control and fund accounting procedures, abide by federal civil rights laws, and advance educational opportunities for the disadvantaged. Allows states to amend their declarations. Allows each declaration state to adopt new academic assessments and standards or apply those described under the Elementary and Secondary Education Act of 1965, but requires each state to have a single system of assessments and standards that includes student proficiency goals. Requires each declaration state to: (1) inform the public about its student achievement assessment system; (2) report annually on student progress toward the state's proficiency standards, disaggregating performance data by specified student groups; and (3) keep aggregate spending on elementary and secondary education at no less than 90% of such spending for the school year coinciding with this Act's enactment. Limits administrative expenses. Requires each declaration state to provide for the equitable participation of private school children and teachers in the activities assisted under its declaration of intent.

A PLUS Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Product Communications Act of 2017''. SEC. 2. COMMUNICATIONS REGARDING INTENDED USES OF DRUGS AND DEVICES; SCIENTIFIC EXCHANGE. The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 201 of such Act (21 U.S.C. 321) the following: ``SEC. 201A. INTENDED USES OF DRUGS AND DEVICES. ``(a) Intended Use.--For purposes of this Act, including sections 301(d), 502(f)(1), 505, 510, and 515 and for purposes of section 351 of the Public Health Service Act, the intended use of a drug, biological product, or device-- ``(1) shall be determined by reference to the objective intent of the manufacturer and sponsor of such drug, biological product, or device, or persons acting on the manufacturer's or sponsor's behalf, as demonstrated by statements contained in labeling, advertising, or analogous oral statements; and ``(2) shall not be determined by reference to-- ``(A) actual or constructive knowledge of the manufacturer or sponsor that such drug, biological product, or device will be used in a manner that varies from the use approved for marketing under section 505, 510, or 515 of this Act or section 351 of the Public Health Service Act; or ``(B) scientific exchange as described in subsection (b). ``(b) Scientific Exchange.-- ``(1) In general.--For purposes of this Act, including sections 301(d), 502(f)(1), 505, 510(k), and 515 and for purposes of section 351 of the Public Health Service Act, the scientific exchange of information about a drug, biological product, or device, as described in paragraph (2), shall not constitute labeling, advertising, or evidence of a new intended use. ``(2) Requirements for scientific exchange.--A communication by a manufacturer or sponsor, or a person acting on behalf of a manufacturer or sponsor, about the manufacturer's or sponsor's drug, biological product, or device, or use of such drug, biological product, or device, that has not been approved for marketing under section 505, 510, or 515 of this Act or section 351 of the Public Health Service Act, about a device or use of such device that has not been approved or cleared for marketing under section 510 or 515 of this Act, or about information that is not included in the drug, biological product, or device labeling, constitutes scientific exchange when-- ``(A) the communication is supported by scientifically appropriate and statistically sound data, studies, or analyses; ``(B) the communication includes a conspicuous and prominent statement that the drug, biological product, or device, or use of such drug, biological product, or device, that is the subject of the communication, has not been approved for marketing under section 505, 510, or 515 of this Act or section 351 of the Public Health Service Act, or that such communication includes information that is not contained in the drug, biological product, or device labeling, as applicable; and ``(C) for communications relating to a drug, biological product, or device that has not been approved for marketing under section 505, 510, or 515 of this Act or section 351 of the Public Health Service Act, or relating to a use of a drug, biological product, or device that has not been so approved, the manufacturer and sponsor make no claims that such product or use has been demonstrated to be safe or effective. ``(3) Scientific exchange described.--The scientific exchange of information under paragraph (2) may include-- ``(A) dissemination of scientific findings in scientific or lay media; ``(B) publication of results of scientific studies; ``(C) letters to the editor in defense of public challenges; ``(D) communications at scientific or medical conferences or meetings; ``(E) dissemination of medical or scientific publications, reference texts, or clinical practice guidelines; ``(F) communication, both proactive and reactive, of information regarding a manufacturer's research and development efforts; ``(G) communication, both proactive and reactive, of scientific, medical, or technical information or findings, including communication of such information by personnel in scientific, medical, or clinical development departments of manufacturers; and ``(H) communication, both proactive and reactive, of health care economic and health outcomes information, including communication of such information delivered by or on behalf of the health care economic or health outcomes departments of manufacturers to an individual, group of individuals, or entity responsible for contributing toward, advising, or facilitating decisionmaking related to health care resource or utilization management, including decisions about the selection of drugs, biological products, or devices for a population of patients. ``(4) Rule of construction.--Nothing in this subsection shall be construed-- ``(A) to authorize the Secretary to require that a manufacturer or sponsor submit an application, certification, or other such submission, or to seek the Secretary's review or approval, before, during, or subsequent to engaging in scientific exchange; or ``(B) to limit the ability of manufacturers or sponsors to engage in communications or activities that properly constitute scientific exchange as that term is described in paragraph (2) but that are not specified in paragraph (3).''.

Medical Product Communications Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to state that the intended use of a drug, biological product, or device shall be determined by the objective intent of the manufacturer and sponsor of such drug, biological product, or device, as demonstrated by statements contained in labeling, advertising, or analogous oral statements. The intended use of these medical products shall not be determined by actual or constructive knowledge of the manufacturer or sponsor that these products will be used in a manner that varies from the use approved for marketing. Additionally, the scientific exchange of information about these products shall not constitute labeling, advertising, or evidence of a new intended use.The bill sets forth the requirements for a scientific exchange.

Medical Product Communications Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``DTV Border Fix Act of 2008''. SEC. 2. CONTINUATION OF ANALOG BROADCASTING ALONG COMMON BORDER WITH MEXICO. Section 309(j)(14) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)) is amended by adding at the end the following: ``(D) Continuation of analog broadcasting along common border with mexico.-- ``(i) In general.--Notwithstanding any other provision of this section, any television station that has been granted a full-power television broadcast license that authorizes analog television service prior to February 17, 2009, that is licensed by the Commission to serve communities located within 50 miles of the United States common border with Mexico, and that can establish to the satisfaction of the Commission that such station's continued broadcasting of television service in analog is in the public interest, shall during the period beginning on the date of enactment of the DTV Border Fix Act of 2008, and ending February 17, 2013-- ``(I) be entitled to the renewal of such station's television broadcast license authorizing analog television service; and ``(II) operate such television service on a channel between 2 and 51. ``(ii) Conditions.--The rights, privileges, and obligations described under clause (i) shall only be extended if the following requirements are satisfied: ``(I) Any channel used for the distribution of analog television service shall not-- ``(aa) prevent the auction of recovered spectrum pursuant to paragraph (15); ``(bb) prevent the use of recovered spectrum for any public safety service pursuant to section 337(a)(1); ``(cc) encumber or interfere with any channel reserved for public safety use, as such channels are designated in ET Docket No. 97-157; and ``(dd) prevent the Commission from considering or granting a request for waiver submitted for public safety service prior to the date of enactment of the DTV Border Fix Act of 2008. ``(II) Each station described in clause (i) operates on its assigned analog channel, as of February 16, 2009, if such channel-- ``(aa) is between 2 and 51; ``(bb) has not previously been assigned to such station or any another station for digital operation after the digital transition required under subparagraph (A); and ``(cc) could be used by such station for broadcasting analog television service after the digital transition required under subparagraph (A) without causing interference to any previously authorized digital television stations. ``(III) If such station does not meet the requirements under subclause (II) for operation on its assigned analog channel, as of February 16, 2009, such station may request, and the Commission shall promptly act upon such request, to be assigned a new channel for broadcasting analog television service, provided that such newly requested channel shall-- ``(aa) be between channels 2 and 51; and ``(bb) allow such station to operate on a primary basis without causing interference to-- ``(AA) any other analog or digital television station; or ``(BB) any station licensed to operate in any other radio service that also operates on channels between 2 and 51. ``(iii) Mutually exclusive applications.-- If mutually exclusive applications are submitted for the right to use a channel in order to broadcast analog television service pursuant to this subparagraph, the Commission shall-- ``(I) award the authority to use such channel for such purpose through the application of the procedures established under this section; and ``(II) give due consideration to any resolution procedures established by the Commission. ``(E) Limitation on extension of certain licenses.--The commission shall not extend or renew a full-power television broadcast license that authorizes analog television service on or after February 17, 2013.''. Passed the Senate August 1, 2008. Attest: NANCY ERICKSON, Secretary.

DTV Border Fix Act of 2008 - Amends the Communications Act of 1934 to allow the renewal of a full-power analog television broadcasting license through February 17, 2013, for stations located within 50 miles of the U.S. border with Mexico, provided certain requirements are met, including that the renewal does not: (1) prevent the auction of recovered spectrum; (2) encumber or interfere with any channel reserved for public safety use; and (3) prevent the Federal Communications Commission (FCC) from considering or granting a request for waiver submitted for public safety service prior to enactment of this Act. Requires the FCC, if mutually exclusive applications are submitted to use a channel under the amendments made by this Act, to award the authority to use the channel through competitive bidding under existing procedures. Prohibits the FCC from extending or renewing a full-power television broadcast license that authorizes analog service on or after February 17, 2013.

A bill to address the digital television transition in border states.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stewardship Endowment Fund Act of 1993''. SEC. 2. FINDINGS, PURPOSE, AND INTENT OF CONGRESS. (a) Findings.--Congress finds that-- (1) for national security purposes, the United States requires steady and secure sources of oil as well as other sources of energy; (2) while protecting the oil-producing capabilities of the United States is important, it is also important to protect the environment from which the oil is drawn; (3) following the discharge of oil from the T/V EXXON VALDEZ on March 23 and 24, 1989, when the vessel went aground on Bligh Reef in Prince William Sound, Alaska, a settlement was reached; (4) under the terms of the Agreement and Consent Decree (as described in section 207 of Public Law 102-229) that the Federal Government and the State of Alaska entered into with the Exxon Corporation, Exxon will pay a total sum of $900,000,000 over a period of 10 years for damages and environmental restoration to the Federal Government and the State of Alaska (referred to in this section as ``settlement funds''); (5) the placement of a portion of the settlement funds in a Stewardship Endowment Fund would create a stream of income over and above the initial settlement funds that could be used to meet the needs of environmental restoration over a period that extends beyond the 10-year period specified in paragraph (4); (6)(A) catastrophic failures with respect to salmon fisheries in Prince William Sound, and other biological events, indicate an urgent need to carry out long-term multidisciplinary research efforts to enable the full implementation of an effective restoration and enhancement program; and (B) the research should fully examine all possible causes of, and solutions to, the problems described in subparagraph (A); (7) similar failures with respect to other salmon fisheries and changes in the populations and ratios of other species further indicate that a broad approach to scientific investigation may be necessary to determine whether events in Prince William Sound concerning salmon fisheries may be caused by, or affected by, events in other geographic areas; (8) a stable source of research funding is needed in order to provide for long-term research necessary for the successful restoration and enhancement of Prince William Sound; and (9) the Endowment Fund referred to in paragraph (5) would facilitate the administration of the settlement funds by the Trustees designated by the President and the Governor of the State of Alaska to act, for the purposes of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as trustees of natural resources injured, lost, or destroyed as a result of the discharge of oil from the T/V EXXON VALDEZ; (b) Purpose.--It is the purpose of this Act to establish in the Treasury of the United States a Stewardship Endowment Fund in order to create a stream of income that will carry out the purposes specified in the Memorandum of Agreement and Consent Decree that the United States and the State of Alaska entered into on August 28, 1991, for a period that extends beyond the payment period referred to in subsection (a)(4). (c) Intent of Congress.--It is the intent of Congress that the conservative use of settlement funds and earnings from the settlement funds should be encouraged in order to provide for the maintenance of restoration and enhancement activities for Prince William Sound (including providing for long-term scientific studies and ecosystem research necessary to support restoration and enhancement activities). SEC. 3. STEWARDSHIP ENDOWMENT FUND. Title XXX of the Energy Policy Act of 1992 (Public Law 102-486) is amended by adding at the end the following new section: ``SEC. 3022. STEWARDSHIP ENDOWMENT FUND. ``(a) Definitions.--As used in this section: ``(1) Agreement and consent decree.--The term `Agreement and Consent Decree' means the Agreement and Consent Decree described in section 207 of Public Law 102-229 (105 Stat. 1715) and approved by the United States District Court for the District of Alaska on October 8, 1991. ``(2) Endowment fund.--The term `Endowment Fund' means the Stewardship Endowment Fund established pursuant to subsection (b). ``(3) Natural resources.--The term `natural resources' has the meaning given the term in the Agreement and Consent Decree. ``(4) Oil spill.--The term `Oil Spill' means the grounding of the T/V EXXON VALDEZ on Bligh Reef in Prince William Sound, Alaska, on March 23 and 24, 1989, and the resulting oil spill. ``(5) Restoration.-- ``(A) In general.--The term `restoration' means any action, in addition to response and cleanup activities required or authorized by State or Federal law, that endeavors to-- ``(i) restore-- ``(I) a natural resource injured, lost, or destroyed as a result of the Oil Spill to the pre-spill condition; and ``(II) the services provided by the resource; or ``(ii) replace or substitute for the injured, lost, or destroyed resources and affected services. ``(B) Phases of injury included.--The term includes all phases of injury assessment, restoration, replacement, and enhancement of natural resources, and the acquisition of equivalent resources and services. ``(6) Secretary.--The term `Secretary' means the Secretary of the Treasury. ``(7) Settlement funds.--The term `settlement funds' means the settlement funds established pursuant to the Agreement and Consent Decree. ``(8) Trustees.--The term `Trustees' means the officials designated by the President and the Governor of the State of Alaska to act, for the purposes of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as trustees of natural resources injured, lost, or destroyed as a result of the Oil Spill. ``(b) Stewardship Endowment Fund.-- ``(1) In general.--Notwithstanding any other provision of law, there is established in the Treasury of the United States a Stewardship Endowment Fund to facilitate the restoration of natural resources in Alaska injured as a result of the Oil Spill. The Fund shall consist of such sums as are deposited in the Fund pursuant to paragraph (2) and any interest earned on investments of the Fund pursuant to paragraph (3). ``(2) Deposits.--The Trustees may transfer from the settlement funds to the Secretary, for deposit in the Endowment Fund, a portion of the settlement funds. ``(3) Investments.--The Secretary, with the unanimous consent of the Trustees, shall invest the corpus and income of the Endowment Fund in federally insured bank savings accounts or comparable interest-bearing accounts, certificates of deposit, money market funds, mutual funds, obligations of the United States, or other instruments and securities (as determined by the Secretary, with the unanimous consent of the Trustees). The Secretary, with the concurrence of the Trustees, shall, to the maximum extent practicable, ensure that the investments made pursuant to this paragraph generate a sufficient amount of income to carry out the purposes referred to in subsection (c)(2)(B). ``(c) Withdrawals and Expenditures.-- ``(1) Corpus prohibition.--A withdrawal or expenditure may be made from the corpus of the Endowment Fund with the unanimous consent of the Trustees. ``(2) Permissive withdrawals.-- ``(A) In general.--On request of the Trustees, the Secretary shall transfer, at least annually, all or a portion of, the income of the Endowment Fund to the Trustees for expenditure by the Trustees in a manner consistent with subparagraph (B). ``(B) Use of transferred funds.--Funds may be transferred to the Trustees, and expended by the Trustees, only for restoration.''. SEC. 4. CONFORMING AMENDMENT. The table of contents in section 1(b) of the Energy Policy Act of 1992 (106 Stat. 2776 et seq.) is amended by adding after the item relating to section 3021 the following new item: ``Sec. 3022. Stewardship Endowment Fund.''.

Stewardship Endowment Fund Act of 1993 - Amends the Energy Policy Act of 1992 to establish in the Treasury a Stewardship Endowment Fund to facilitate the restoration of natural resources in Alaska injured as a result of the EXXON VALDEZ oil spill.

Stewardship Endowment Fund Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Strategic and Critical Minerals Policy Act of 2011''. SEC. 2. FINDINGS. Congress finds that-- (1) the availability of minerals and metals is essential for economic growth, national security, technological innovation, and the manufacturing and agricultural supply chain; (2) the exploration, production, processing, use, and recycling of minerals contribute significantly to the economic well-being, security, and general welfare of the Nation; (3) the industrialization of China and India has driven demand for nonfuel mineral commodities, sparking a period of resource nationalism exemplified by China's reduction and stoppage of exports of rare-earth mineral elements necessary for telecommunications, military technologies, medical devices, agricultural production, and renewable energy technologies; (4) the United States has vast mineral resources but is becoming increasingly dependent upon foreign sources; (5) 25 years ago the United States was dependent on foreign sources for 30 nonfuel mineral materials, 6 of which were entirely imported to meet the Nation's requirements and another 16 of which were imported to meet more than 60 percent of the Nation's needs; (6) by 2010, United States import dependence for nonfuel mineral materials more than doubled from 30 to 67 commodities, 18 commodities were imported entirely to meet the Nation's requirements, and another 25 commodities required imports of more than 50 percent; (7) the United States lacks a coherent national policy to assure the availability of minerals essential to manufacturing, national economic well-being and security, agricultural production, and global economic competitiveness; and (8) the Nation's ability to compete and innovate requires proper planning and preparation today to meet tomorrow's mineral needs. SEC. 3. CONGRESSIONAL DECLARATION OF POLICY. (a) In General.--It is the continuing policy of the United States to promote an adequate and stable supply of minerals to maintain our Nation's economic well-being, security, and manufacturing, industrial, energy, agricultural, and technological capabilities. (b) Policy Goals.--Implementation of the policy set forth in subsection (a) requires that the Federal Government coordinate the Federal departments and agencies responsible for ensuring that supply, to-- (1) facilitate the availability, development, and production of domestic mineral resources to meet national needs, including the demands of the Nation's manufacturing and agricultural industries; (2) promote and encourage the development of economically and environmentally sound, safe, and stable domestic mining, minerals, metals, processing, and minerals recycling industries; (3) establish an assessment capability for identifying the mineral demands, supply, and needs of our Nation; and (4) minimize duplication, needless paperwork, and delays in the administration of Federal and State laws and regulations, and issuance of permits and authorizations necessary to explore, develop, and produce minerals and construct and operate mineral-related facilities. SEC. 4. SECRETARY OF THE INTERIOR REPORT ON ACCESS AND AUTHORIZATIONS FOR MINERAL DEVELOPMENT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior, through the Bureau of Land Management and the United States Geological Survey, and in consultation with the Secretary of Agriculture (through the Forest Service Mineral and Geology Management Division), the Secretary of Defense, the Secretary of Commerce, and the heads of other appropriate Federal agencies, shall prepare, submit to Congress, and make available to the public a report that includes-- (1) an inventory of the nonfossil-fuel mineral potential of lands under the jurisdiction of the Bureau of Land Management and the Forest Service and an identification of all such lands that have been withdrawn, segregated, or otherwise restricted from mineral exploration and development; (2) an assessment of-- (A) the mineral requirements to meet current and emerging national security, economic, industrial manufacturing, technological, agricultural, and social needs; (B) the Nation's reliance on foreign sources to meet those needs; and (C) the implications of mineral supply shortages or disruptions; (3) a detailed description of the time required to process mineral applications, operating plans, leases, licenses, permits, and other use authorizations for mineral-related activities on lands under the jurisdiction of the Bureau of Land Management and the Forest Service, and identification of measures that would streamline the processing of such applications, such as elimination of overlapping requirements or set deadlines; (4) an itemized list of all use authorizations referred to in paragraph (3) for which applications are pending before the Bureau of Land Management and the Forest Service, and the length of time each of those applications has been pending; (5) an assessment of the impact of litigation on processing or issuing mineral exploration and mine permits, identification of the statutes the litigation was brought under, and the cost to the agency or the Federal Government, including for payments of attorney fees; (6) an update of the 2009 Economic Impact of the Department of the Interior's Programs and Activities report to include locatable minerals; (7) an assessment of the Federal workforce with educational degrees and expertise in economic geology, geochemistry, mining, industrial minerals, metallurgy, metallurgical engineering, and mining engineering, including-- (A) retirement eligibility and agency plans for retention, recruitment, and succession planning; (B) comparison of the existing Federal salaries and recruitment and retention bonuses with the salaries, recruitment incentives, and retention packages normally offered in the mineral industry; and (C) examination of the differences between Federal and private financial packages for early-, mid-, and late-career workers; and (8) an inventory of rare earth element potential on the Federal lands, and impediments or restrictions on the exploration or development of those rare earth elements, and recommendations to lift the impediments or restrictions while maintaining environmental safeguards. (b) Progress Reports.--Not later than one year after the date of enactment of this Act, and each year thereafter for the following two years, the Secretary of the Interior shall submit to Congress and make available to the public a report that describes the progress made in reaching the policy goals described in section 3(b), including-- (1) efforts to increase access to domestic supplies of minerals, and facilitation of their production; and (2) implementation of recommendations contained in-- (A) the National Research Council reports-- (i) Minerals, Critical Minerals, and the U.S. Economy; (ii) Managing Minerals for a Twenty-First Century Military; and (iii) the current workforce study authorized in sections 385 and 1830 of the Energy Policy Act of 2005 (119 Stat. 744, 1137); (B) the Department of Energy Critical Minerals Strategy I and II; and (C) the Department of Defense assessment and plan for critical rare earth elements in defense applications required under section 843 of the National Defense Appropriations Act for Fiscal Year 2011. SEC. 5. NATIONAL MINERAL ASSESSMENT. For the first National Mineral Assessment conducted after the date of enactment of this Act, the United States Geological Survey shall include mineral assessments for those mineral commodities important to the Nation's energy infrastructure, manufacturing and agricultural industries, and to the national defense. Priority should be given to minerals that are critical based on the impact of a potential supply restriction and the likelihood of a supply restriction. SEC. 6. GLOBAL MINERAL ASSESSMENT. The United States Geological Survey is directed to expand the current Global Mineral Assessment to include mineral assessments for rare earth elements and other minerals that are critical based on the impact of a potential supply restriction and the likelihood of a supply restriction. Assessments conducted under this section shall include an analysis, developed with participation by the National Minerals Information Center and in consultation with appropriate agencies, of the rare earth elements or other critical minerals supply chain and associated processes and products, including mining, processing, recycling, separation, metal production, alloy production, and manufacturing of products sold to end users. In conducting the assessment, the United States Geological Survey should coordinate with the heads of foreign geologic surveys when possible. SEC. 7. DEFINITIONS. In this Act-- (1) Inventory.--The term ``inventory'' means an accounting of known mineral occurrences and mineral deposits, including documentation of identified resources. (2) Mineral assessment.--The term ``mineral assessment'' means an assessment of undiscovered mineral resources that includes a qualitative assessment and a quantitative assessment of such resources. (3) Qualitative assessment.--The term ``qualitative assessment'' means a geologic-based delineation (mapping) of areas permissive for the occurrence of undiscovered mineral resources, based on all available geotechnical data including geology, geophysics, geochemistry, remote sensing, and mineral localities data. (4) Quantitative assessment.--The term ``quantitative assessment'' means a probabilistic estimate of the quantity and quality by tonnage and grade of undiscovered mineral resources in areas delineated as permissive for occurrence in a qualitative assessment. SEC. 8. APPLICABILITY OF OTHER STATUTORY MINING POLICIES. Nothing in this Act shall be construed as affecting any provision of or requirement under the Mining and Minerals Policy Act of 1970 (30 U.S.C. 21a). Amend the title so as to read: ``A bill to require the Secretary of the Interior to conduct an assessment of the capability of the Nation to meet our current and future demands for the minerals critical to United States manufacturing and agricultural competitiveness and economic and national security in a time of expanding resource nationalism, and for other purposes.''.

National Strategic and Critical Minerals Policy Act of 2011 - (Sec. 3) Declares that it is the continuing policy of the United States to promote an adequate and stable supply of minerals to maintain the nation's economic well-being, security, and manufacturing, industrial, energy, agricultural, and technological capabilities. (Sec. 4) Directs the Secretary of the Interior, through the Bureau of Land Management (BLM) and the U.S. Geological Survey (Survey), to report to Congress: (1) an inventory of the nonfossil-fuel mineral potential of lands under BLM and U.S. Forest Service jurisdiction; (2) an identification of all such lands that have been withdrawn, segregated, or otherwise restricted from mineral exploration and development; (3) a detailed description of the time required to process mineral applications, operating plans, leases, licenses, permits, and other use authorizations for mineral-related activities on lands; (4) an itemized list of all use authorizations for which applications are pending; (5) an assessment of the impact of litigation on the processing or issuing of permits; (6) an assessment of the federal workforce with educational degrees and expertise in economic geology, geochemistry, mining, industrial minerals, metallurgy, metallurgical engineering, and mining engineering; and (7) an inventory of rare earth element potential on federal lands, and impediments to or restrictions on the exploration or development of those rare earth elements, with recommendations to lift the impediments or restrictions while maintaining environmental safeguards. Requires progress reports to Congress on: (1) efforts to increase access to domestic supplies of minerals, and facilitation of their production; (2) implementation of recommendations in National Research Council reports on "Minerals, Critical Minerals, and the U.S. Economy" and on "Managing Minerals for a Twenty-First Century Military"; (3) the Department of Energy Critical Minerals Strategy I and II; and (4) a specified Department of Defense assessment and plan for critical rare earth elements in defense applications. (Sec. 5) Directs the Survey, for the first National Mineral Assessment conducted after enactment of this Act, to include mineral assessments for mineral commodities important to the nation's energy infrastructure, manufacturing and agricultural industries, and to the national defense. Urges priority be given to minerals that are critical based on the impact of a potential supply restriction and the likelihood of a supply restriction. (Sec. 6) Directs the Survey to expand the current Global Mineral Assessment to include mineral assessments for rare earth elements and other minerals that are critical based on the impact of a potential supply restriction and the likelihood of a supply restriction. Requires such assessments to include an analysis, developed with participation by the National Minerals Information Center, of the rare earth elements or other critical minerals supply chain and associated processes and products, including mining, processing, recycling, separation, metal production, alloy production, and manufacturing of products sold to end users.

To require the Secretary of the Interior to conduct an assessment of the capability of the Nation to meet our current and future demands for the minerals critical to United States manufacturing competitiveness and economic and national security in a time of expanding resource nationalism, and for other purposes.

SECTION 1. FINDINGS. Congress finds that-- (1) as the southernmost unleveed portion of the Mississippi River, Cat Island, Louisiana, is 1 of the last remaining tracts in the lower Mississippi Valley that is still influenced by the natural dynamics of the river; (2) Cat Island supports some of the highest densities of virgin bald cypress trees in the Mississippi River Valley, including the champion cypress tree of the United States, which is 17 feet wide and has a circumference of 53 feet; (3) Cat Island is important habitat for several declining species of forest songbirds and supports thousands of wintering waterfowl; (4) Cat Island supports high populations of deer, turkey, and furbearing mammals, such as mink and bobcats; (5) forested wetland on Cat Island-- (A) represents 1 of the most valuable and productive wildlife habitats in the United States; and (B) has high recreational value for hunters, fishermen, birdwatchers, nature photographers, and others; and (6) protection and enhancement of the resources of Cat Island through the inclusion of Cat Island in the National Wildlife Refuge System would help meet the habitat protection goals of the North American Waterfowl Management Plan, signed by the Minister of the Environment of Canada and the Secretary in May 1986. SEC. 2. DEFINITIONS. In this Act: (1) Refuge.--The term ``Refuge'' means the Cat Island National Wildlife Refuge established by section 3(a). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. SEC. 3. ESTABLISHMENT AND ACQUISITION OF REFUGE. (a) In General.--There is established a unit of the National Wildlife Refuge System to be known as the ``Cat Island National Wildlife Refuge'' in West Feliciana Parish, Louisiana. (b) Inclusions.--The Refuge shall consist of the land and waters (including any interest in the land or waters) acquired by the Secretary for the Refuge under-- (1) subsection (d); or (2) any other law. (c) Notice of Establishment.--The Secretary shall publish a notice of the establishment of the Refuge-- (1) in the Federal Register; and (2) in publications of local circulation in the vicinity of the Refuge. (d) Acquisition.--The Secretary shall seek to acquire for inclusion in the Refuge, by purchase, exchange, or donation, approximately 36,500 acres of land and adjacent waters (including interests in the land or adjacent waters) of Cat Island, Louisiana, as depicted on the map entitled ``Cat Island National Wildlife Refuge, Proposed'', dated February 8, 2000, which shall be available for inspection in the appropriate offices of the United States Fish and Wildlife Service. SEC. 4. PURPOSES OF REFUGE. The purposes of the Refuge are-- (1) to conserve, enhance, and restore the native bottomland community characteristics of the lower Mississippi alluvial valley (including associated fish, wildlife, and plant species); (2) to conserve, enhance, and restore habitat to maintain and assist in the recovery of animals (such as the Louisiana black bear) and plants that are listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (3) to conserve, enhance, and restore habitats as necessary to contribute to the migratory bird population goals and habitat objectives as established through the Lower Mississippi Valley Joint Venture under the North American Wetlands Conservation Act (16 U.S.C. 4401 et seq.); (4) to achieve the habitat objectives of the Lower Mississippi River Aquatic Resources Management Plan, prepared by the Lower Mississippi River Conservation Committee; (5) to authorize the Secretary, through consultation with Federal, State, and local agencies and adjacent landowners, to assist in the restoration of forest habitat linkages between refuge land and other land to reverse past impacts associated with habitat fragmentation on wildlife and plant species; (6) to provide compatible opportunities for hunting, fishing, wildlife observation and photography, and environmental education and interpretation; and (7) to encourage the use of volunteers and to facilitate partnerships among the United States Fish and Wildlife Service, local communities, conservation organizations, and other non- Federal entities to promote public awareness of the resources of the Cat Island National Wildlife Refuge and the National Wildlife Refuge System (including public participation in the conservation of those resources). SEC. 5. ADMINISTRATION. (a) In General.--The Secretary shall administer all land and waters (including any interest in land or waters) acquired under section 3(d) in accordance with-- (1) the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.); (2) Public Law 87-714 (commonly known as the ``Refuge Recreation Act'') (16 U.S.C. 460k et seq.); and (3) the purposes of the Refuge described in section 4. (b) Use of Other Authority.--The Secretary may use such additional statutory authority as is available to the Secretary to conduct projects and activities at the Refuge in accordance with this Act, including projects or activities to conserve or develop-- (1) wildlife and natural resources; (2) water supplies; (3) water control structures; (4) outdoor recreational activity programs; and (5) interpretive education programs. SEC. 6. AUTHORIZATION OF APPROPRIATION. There are authorized to be appropriated to the Secretary such sums as are necessary for-- (1) the acquisition of interests in land and waters described in section 3(d)(1); and (2) the development, operation, and maintenance of the Refuge.

Directs the Secretary to seek to acquire specified land and adjacent waters of Cat Island for inclusion in the Refuge. Permits the Secretary to conduct projects and activities at the Refuge in accordance with this Act, including projects or activities to conserve or develop wildlife and natural resources, water supplies, water control structures, outdoor recreational activity programs, and interpretive education programs. Authorizes appropriations.

A bill to provide for the establishment of the Cat Island National Wildlife Refuge in West Feliciana Parish, Louisiana.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Captive Primate Safety Act''. SEC. 2. ADDITION OF NONHUMAN PRIMATES TO DEFINITION OF PROHIBITED WILDLIFE SPECIES. Section 2(g) of the Lacey Act Amendments of 1981 (16 U.S.C. 3371(g)) is amended by inserting before the period at the end ``or any nonhuman primate''. SEC. 3. CAPTIVE WILDLIFE AMENDMENTS. (a) Prohibited Acts.--Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraph (A), by inserting ``or'' after the semicolon; (ii) in subparagraph (B)(iii), by striking ``; or'' and inserting a semicolon; and (iii) by striking subparagraph (C); and (B) in paragraph (4), by inserting ``or subsection (e)'' before the period; and (2) in subsection (e)-- (A) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6) respectively; (B) by striking ``(e)'' and all that follows through ``Subsection (a)(2)(C) does not apply'' in paragraph (1) and inserting the following: ``(e) Captive Wildlife Offense.-- ``(1) In general.--It is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any live animal of any prohibited wildlife species. ``(2) Limitation on application.--This subsection-- ``(A) does not apply to a person transporting a nonhuman primate to or from a veterinarian who is licensed to practice veterinary medicine within the United States, solely for the purpose of providing veterinary care to the nonhuman primate, if-- ``(i) the person transporting the nonhuman primate carries written documentation issued by the veterinarian, including the appointment date and location; ``(ii) the nonhuman primate is transported in a secure enclosure appropriate for that species of primate; ``(iii) the nonhuman primate has no contact with any other animals or members of the public, other than the veterinarian and other authorized medical personnel providing veterinary care; and ``(iv) such transportation and provision of veterinary care is in accordance with all otherwise applicable State and local laws, regulations, permits, and health certificates; ``(B) does not apply to a person transporting a nonhuman primate to a legally designated caregiver for the nonhuman primate as a result of the death of the preceding owner of the nonhuman primate, if-- ``(i) the person transporting the nonhuman primate is carrying legal documentation to support the need for transporting the nonhuman primate to the legally designated caregiver; ``(ii) the nonhuman primate is transported in a secure enclosure appropriate for the species; ``(iii) the nonhuman primate has no contact with any other animals or members of the public while being transported to the legally designated caregiver; and ``(iv) all applicable State and local restrictions on such transport, and all applicable State and local requirements for permits or health certificates, are complied with; ``(C) does not apply to a person transporting a nonhuman primate solely for the purpose of assisting an individual who is permanently disabled with a severe mobility impairment, if-- ``(i) the nonhuman primate is a single animal of the genus Cebus; ``(ii) the nonhuman primate was obtained from, and trained at, a licensed nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 the nonprofit tax status of which was obtained-- ``(I) before July 18, 2008; and ``(II) on the basis that the mission of the organization is to improve the quality of life of severely mobility-impaired individuals; ``(iii) the person transporting the nonhuman primate is a specially trained employee or agent of a nonprofit organization described in clause (ii) that is transporting the nonhuman primate to or from a designated individual who is permanently disabled with a severe mobility impairment, or to or from a licensed foster care home providing specialty training of the nonhuman primate solely for purposes of assisting an individual who is permanently disabled with severe mobility impairment; ``(iv) the person transporting the nonhuman primate carries documentation from the applicable nonprofit organization that includes the name of the designated individual referred to in clause (iii); ``(v) the nonhuman primate is transported in a secure enclosure that is appropriate for that species; ``(vi) the nonhuman primate has no contact with any animal or member of the public, other than the designated individual referred to in clause (iii); and ``(vii) the transportation of the nonhuman primate is in compliance with-- ``(I) all applicable State and local restrictions regarding the transport; and ``(II) all applicable State and local requirements regarding permits or health certificates; and ``(D) does not apply''; (C) in paragraph (2) (as added by subparagraph (B))-- (i) by striking ``a'' before ``prohibited'' and inserting ``any''; (ii) by striking ``(3)'' and inserting ``(4)''; and (iii) by striking ``(2)'' and inserting ``(3)''; (D) in paragraph (3) (as redesignated by subparagraph (A))-- (i) in subparagraph (C)-- (I) in clauses (ii) and (iii), by striking ``animals listed in section 2(g)'' each place it appears and inserting ``prohibited wildlife species''; and (II) in clause (iv), by striking ``animals'' and inserting ``prohibited wildlife species''; and (ii) in subparagraph (D), by striking ``animal'' each place it appears and inserting ``prohibited wildlife species''; (E) in paragraph (4) (as redesignated by subparagraph (A)), by striking ``(2)'' and inserting ``(3)''; and (F) in paragraph (6) (as redesignated by subparagraph (A))-- (i) by striking ``subsection (a)(2)(C)'' and inserting ``this subsection''; and (ii) by striking ``2004 through 2008'' and inserting ``2011 through 2015''. (b) Civil Penalties.--Section 4(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)) is amended-- (1) in paragraph (1), by inserting ``(e),'' after ``subsections (b), (d),''; and (2) in paragraph (1), by inserting ``, (e),'' after ``subsection (d)''. (c) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is amended-- (1) in paragraphs (1)(A) and (1)(B) and in the first sentence of paragraph (2), by inserting ``(e),'' after ``subsections (b), (d),'' each place it appears; and (2) in paragraph (3), by inserting ``, (e),'' after ``subsection (d)''. (d) Effective Date; Regulations.-- (1) Effective date.--Subsections (a) through (c), and the amendments made by those subsections, shall take effect on the earlier of-- (A) the date of promulgation of regulations under paragraph (2); and (B) the expiration of the period referred to in paragraph (2). (2) Regulations.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall promulgate regulations implementing the amendments made by this section. SEC. 4. APPLICABILITY PROVISION AMENDMENT. Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871; Public Law 108-191) is amended-- (1) in subsection (a), by striking ``(a) In General.-- Section 3'' and inserting ``Section 3''; and (2) by striking subsection (b). SEC. 5. REGULATIONS. Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(a)) is amended by adding at the end the following: ``(3) The Secretary shall, in consultation with other relevant Federal and State agencies, promulgate regulations to implement section 3(e).''.

Captive Primate Safety Act - Amends the Lacey Act Amendments of 1981 to add nonhuman primates to the definition of "prohibited wildlife species" for purposes of the prohibition against the sale or purchase of such species in interstate or foreign commerce. Makes it unlawful for a person to import, export, transport, sell, receive, acquire, or purchase a live animal of any prohibited wildlife species in interstate or foreign commerce (i.e., for pet trade purposes). Sets forth exceptions to such prohibition, including, under certain conditions, for: (1) transporting a nonhuman primate to or from a veterinarian, (2) transporting a nonhuman primate to a legally designated caregiver as a result of the death of the preceding owner, and (3) transporting a single primate of the genus Cebus that was obtained from and trained by a charitable organization to assist a permanently disabled individual with a severe mobility impairment. Sets forth civil and criminal penalties for violations of the requirements of this Act. Extends the authorization of appropriations to carry out such prohibition for FY2011-FY2015.

A bill to amend the Lacey Act Amendments of 1981 to prohibit the importation, exportation, transportation, and sale, receipt, acquisition, or purchase in interstate or foreign commerce, of any live animal of any prohibited wildlife species, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Education Elimination Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) Principles of federalism embodied in the Constitution of the United States entrust authority over issues of educational policy to the States and the people and a Federal Department of Education is inconsistent with such principles. (2) Tradition and experience dictate that the governance and management of schools in the United States are best performed by parents, teachers, and communities. (3) The education of the Nation's students is suffering under a managerial government. (4) The Department of Education has weakened the ability of parents to make essential decisions about their children's education and has undermined the capacity of communities to govern their schools. (5) In the 34 years of its existence, the Department of Education has grown from a budget of $14 billion to almost $65.7 billion in annual discretionary appropriations administering around 100 programs. Meanwhile, education performance for 17-year olds has stagnated since 1971. (6) The Department of Education has fostered over- regulation, standardization, bureaucratization, and litigation in United States education. (7) The Department of Education expends large amounts of money on its own maintenance and overhead. While the average salary for public school teachers is around $56,000, the average salary for a Department of Education employee is $108,571. (8) Recent tests reflect poor results in mathematics, science, and reading for American students compared with students from other nations. (9) Only through initiatives led by parents and local communities with the power to act can the United States elevate educational performance toward an acceptable level. (10) The current system of top down education uniformity is detrimental to local businesses and communities, the economic needs of the states, and the Nation's ability to compete globally for jobs. (11) The Department of Education has been hostile to many promising reform ideas or empowering parents, teachers, and local communities. The United States, once a laboratory of innovation through the experiments of the States, is moving toward education standardization that does not consider the individual educational needs of our diverse population of students. SEC. 3. ABOLITION OF DEPARTMENT OF EDUCATION. The Department of Education is abolished, and, with the exception of the programs transferred under section 7, any program for which the Secretary of Education or the Department of Education has administrative responsibility as provided by law or by delegation of authority pursuant to law is repealed, including each program under the following: (1) The Department of Education Organization Act (20 U.S.C. 3401 et seq.). (2) The General Education Provisions Act (20 U.S.C. 1221 et seq.). SEC. 4. GRANTS TO STATES FOR ELEMENTARY AND SECONDARY AND FOR POSTSECONDARY EDUCATION PROGRAMS. (a) In General.--Subject to the requirements of this title, each State is entitled to receive from the Secretary of the Treasury, by not later than July 1 of the preceding fiscal year-- (1) a grant for fiscal year 2015 and each succeeding fiscal year through fiscal year 2024, that is equal to the amount of funds appropriated for the State for Federal elementary school and secondary school programs for fiscal year 2012 (except for the funds appropriated for fiscal year 2012 for such programs for such State that are being transferred under section 7); and (2) a grant for fiscal year 2015 and each succeeding fiscal year through fiscal year 2024, that is equal to the amount of funds appropriated for the State for Federal postsecondary education programs for fiscal year 2012 (except for the funds appropriated for fiscal year 2012 for such programs for such State that are being transferred under section 7). (b) Appropriation.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal years 2015 through 2024, such sums as are necessary for grants under subsection (a). (c) Requirements Relating to Intergovernmental Financing.--The Secretary of the Treasury shall make the transfer of funds under grants under subsection (a) directly to each State in accordance with the requirements of section 6503 of title 31, United States Code. (d) Expenditure of Funds.--Amounts received by a State under this section for any fiscal year shall be expended by the State in such fiscal year or in the succeeding fiscal year. (e) Use of Funds.--Funds made available to a State-- (1) under subsection (a)(1), shall be used by the State for any elementary or secondary education purpose permitted by State law; and (2) under subsection (a)(2), shall be used by the State for any postsecondary education purpose permitted by State law. (f) Supplement, Not Supplant.--A grant received under subsection (a) shall only be used to supplement the amount of funds that would, in the absence of such grant, be made available from non-Federal sources for elementary school and secondary school programs or postsecondary education programs, and not to supplant those funds. SEC. 5. ADMINISTRATIVE AND FISCAL ACCOUNTABILITY. (a) Audits.-- (1) Contract with approved auditing entity.--Not later than October 1, 2015, and annually thereafter, a State shall contract with an approved auditing entity (as defined under paragraph (3)(B)) for purposes of conducting an audit under paragraph (2) (with respect to the fiscal year ending September 30 of such year). (2) Audit requirement.--Under a contract under paragraph (1), an approved auditing entity shall conduct an audit of the expenditures or transfers made by a State from amounts received under a grant under section 4, with respect to the fiscal year which such audit covers, to determine the extent to which such expenditures and transfers were expended in accordance with section 4. (3) Entity conducting audit.-- (A) In general.--With respect to a State, the audit under paragraph (2) shall be conducted by an approved auditing entity in accordance with generally accepted auditing principles. (B) Approved auditing entity.--For purposes of this section, the term ``approved auditing entity'' means, with respect to a State, an entity that is-- (i) approved by the Secretary of the Treasury; (ii) approved by the chief executive officer of the State; and (iii) independent of any Federal, State, or local agency. (4) Submission of audit.--Not later than April 30, 2016, and annually thereafter, a State shall submit the results of the audit under paragraph (2) (with respect to the fiscal year ending on September 30 of such year) to the State legislature and to the Secretary of the Treasury. (b) Reimbursement and Penalty.--If, through an audit conducted under subsection (a), an approved auditing entity finds that a State violated the requirements of subsection (d) or (e) of section 4, the State shall pay to the Treasury of the United States 100 percent of the amount of State funds that were used in violation of section 4 as a penalty. Insofar as a State fails to pay any such penalty, the Secretary of the Treasury shall offset the amount not so paid against the amount of any grant otherwise payable to the State under this Act. (c) Annual Reporting Requirements.-- (1) In general.--Not later than January 31, 2016, and annually thereafter, each State shall submit to the Secretary of the Treasury and the State legislature a report on the activities carried out by the State during the most recently completed fiscal year with funds received by the State under a grant under section 4 for such fiscal year. (2) Content.--A report under paragraph (1) shall, with respect to a fiscal year-- (A) contain the results of the audit conducted by an approved auditing entity for a State for such fiscal year, in accordance with the requirements of subsection (a) of this section; (B) specify the amount of the grant made to the State under section 4; and (C) be in such form and contain such other information as the State determines is necessary to provide-- (i) an accurate description of the activities conducted by the State for the purpose described under section 4; and (ii) a complete record of the purposes for which amounts were expended in accordance with this section. (3) Public availability.--A State shall make copies of the reports required under this section available on a public Web site and shall make copies available in other formats upon request. (d) Failure To Comply With Requirements.--The Secretary of the Treasury shall not make any payment to a State under a grant authorized by section 4-- (1) if an audit for a State is not submitted as required under subsection (a), during the period between the date such audit is due and the date on which such audit is submitted; (2) if a State fails to submit a report as required under subsection (c), during the period between the date such report is due and the date on which such report is submitted; or (3) if a State violates a requirement of section 4, during the period beginning on the date the Secretary becomes aware of such violation and the date on which such violation is corrected by the State. (e) Administrative Supervision and Oversight.-- (1) Limited role for secretary of treasury and the attorney general.-- (A) Treasury.--The authority of the Secretary of the Treasury under this Act is limited to-- (i) promulgating regulations, issuing rules, or publishing guidance documents to the extent necessary for purposes of implementing subsection (a)(3)(B), subsection (b), and subsection (d); (ii) making payments to the States under grants under section 4; (iii) approving entities under subsection (a)(3)(B) for purposes of the audits required under subsection (a); (iv) withholding payment to a State of a grant under subsection (d) or offsetting a payment of such a grant to a State under subsection (b); and (v) exercising the authority relating to nondiscrimination that is specified in section 6(b). (B) Attorney general.--The authority of the Attorney General to supervise the amounts received by a State under section 4 is limited to the authority under section 6(b). (f) Reservation of State Powers.--Nothing in this section shall be construed to limit the power of a State, including the power of a State to pursue civil and criminal penalties under State law against any individual or entity that misuses, or engages in fraud or abuse related to, the funds provided to a State under section 4. SEC. 6. NONDISCRIMINATION PROVISIONS. (a) No Discrimination Against Individuals.--No individual shall be excluded from participation in, denied the benefits of, or subjected to discrimination under, any program or activity funded in whole or in part with amounts paid to a State under section 4 on the basis of such individual's-- (1) disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); (2) sex under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or (3) race, color, or national origin under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). (b) Compliance.-- (1) In general.--If the Attorney General determines that a State or an entity that has received funds from amounts paid to a State under a grant under section 4 has failed to comply with a provision of law referred to in subsection (a), the Secretary of the Treasury shall notify the chief executive officer of the State of such failure to comply and shall request that such chief executive officer secure such compliance. (2) Enforcement.--If, not later than 60 days after receiving notification under paragraph (1), the chief executive officer of a State fails or refuses to secure compliance with the provision of law referred to in such notification, the Attorney General may-- (A) institute an appropriate civil action; or (B) exercise the powers and functions provided under section 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), or title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) (as applicable). SEC. 7. TRANSFER OF CERTAIN DEPARTMENT OF EDUCATION PROGRAMS. Not later than 24 months after the date of enactment of this Act-- (1) each job training program under the jurisdiction of the Department of Education, including the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) shall be transferred to the Department of Labor; (2) each special education grant program under the Individuals with Disabilities Education Act (20 U.S.C. 1460 et seq.) shall be transferred to the Department of Health and Human Services; (3) each Indian Education program under the jurisdiction of the Department of Education shall be transferred to the Department of the Interior; (4) each Impact Aid program under title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.) shall be transferred to the Department of Defense; and (5) the Federal Pell Grant program under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a), which shall be capped at $18,000,000,000 per fiscal year, and the Federal student loan programs under parts B and D of title IV of such Act (20 U.S.C. 1070 et seq.; 20 U.S.C. 1087a et seq.) shall be transferred to the Department of Health and Human Services. SEC. 8. GAO REPORT. Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate report, which shall include-- (1) a review and evaluation as to the feasibility of enhancing the ability of States and local communities to fund education by reducing the Federal tax burden and commensurately eliminating Federal Government involvement in providing grants for education programs; and (2) an evaluation of the feasibility of the successor Federal agencies for maintaining the programs to be transferred under section 7. SEC. 9. PLAN FOR WINDING UP AFFAIRS. Not later than 180 days after the date of the enactment of this Act, the President shall submit to the Congress a plan for winding up the affairs of the Department of Education in accordance with this Act. SEC. 10. DEFINITIONS. In this Act: (1) Elementary school; secondary school.--The terms ``elementary school'' and ``secondary school'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 9101). (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 1002). (3) State.--The term ``State'' has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).

Department of Education Elimination Act of 2014 - Abolishes the Department of Education (Department) and repeals any program for which it or the Secretary of Education has administrative responsibility. Directs the Secretary of the Treasury to provide grants to states, for FY2015-FY2024, for any: (1) elementary and secondary education purpose permitted by state law, and (2) postsecondary education purpose permitted by state law. Sets the funding level for those grants at the amount of funding provided to states for federal elementary and secondary education programs and the amount provided for federal postsecondary education programs, respectively, for FY2012, minus the funding they were provided for education programs that this Act transfers to other federal agencies. Requires states to contract for an annual audit of their expenditures or transfers of grant funds. Requires the transfer of: each of the Department's job training programs to the Department of Labor; each special education grant program under the Individuals with Disabilities Education Act to the Department of Health and Human Services (HHS); each of the Department's Indian Education programs to the Department of the Interior; each Impact Aid program under the Elementary and Secondary Education Act of 1965 to the Department of Defense (DOD); and the Federal Pell Grant program and the Federal Family Education Loan and William D. Ford Federal Direct Loan programs, under the Higher Education Act of 1965, to the Department of HHS. Sets a fiscal year cap on Federal Pell Grant funding.

Department of Education Elimination Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Flag Passenger Vessel Act of 1993''. SEC. 2. COASTWISE TRANSPORTATION OF PASSENGERS. (a) In General.--Section 8 of the Act of June 19, 1886 (46 App. U.S.C. 289), is amended to read as follows: ``SEC. 8. COASTWISE TRANSPORTATION OF PASSENGERS. ``(a) In General.--Except as otherwise provided by law, a vessel may transport passengers in coastwise trade only if-- ``(1) the vessel meets the requirements of section 27 of the Merchant Marine Act, 1920 and section 2 of the Shipping Act, 1916 for engaging in the coastwise trade; and ``(2) for a vessel that is at least 5 net tons, the vessel is documented under chapter 121 of title 46, United States Code, with a coastwise endorsement. ``(b) Penalties.-- ``(1) Civil penalty.--A person operating a vessel in violation of this section is liable to the United States Government for a civil penalty of $1,000 for each passenger transported in violation of this section. ``(2) Forfeiture.--A vessel operated in knowing violation of this section, and its equipment, are liable to seizure by and forfeiture to the United States Government. ``(c) Definitions.--For purposes of this section-- ``(1) the term `coastwise trade' includes-- ``(A) transportation of a passenger from a place in any State or possession of the United States and returning to that place, if during that transportation no passenger departs from the vessel in a foreign country; and ``(B) transportation of a passenger between points in the United States, either directly or by way of a foreign port; and ``(2) the term `passenger' does not include a travel agent on a voyage if-- ``(A) the purpose of the voyage is to promote future trips on the vessel; ``(B) money is not paid to the vessel owner or charterer for the voyage; and ``(C) the voyage goes beyond the territorial sea of the United States.''. (b) Exception.-- (1) In general.--Notwithstanding the amendment made by subsection (a), an ineligible vessel may engage in transport of passengers in coastwise trade (as those terms are defined in that amendment) on a trade route, if-- (A) the vessel engaged, in the period beginning January 1, 1990, and ending March 9, 1993, in transport of passengers in coastwise trade on that trade route; and (B) within one year after the date of the enactment of this Act, the owner files with the Secretary of Transportation an affidavit certifying compliance with subparagraph (A) and listing each trade route on which the vessel engaged in transport of passengers in coastwise trade in the period described in subparagraph (A). (2) Scheduled expiration of exception.--Paragraph (1) does not apply to an ineligible vessel after the later of-- (A) January 1, 2000, (B) the date that is 15 years after the date of completion of construction of the vessel, or (C) the date that is 15 years after the date of completion of any major conversion of the vessel that is begun before the date of the enactment of this Act. (3) Expiration of exception for failure to recrew.-- Paragraph (1) does not apply to an ineligible vessel after the date that is 5 years after the date of the enactment of this Act, unless-- (A) each individual employed on the vessel after the one-year period beginning on the date of the enactment of this Act is either a citizen of the United States or an alien lawfully admitted to the United States for permanent residence; and (B) not more than 25 percent of the total number of individuals employed on the vessel after the one-year period beginning on the date of the enactment of this Act are aliens lawfully admitted to the United States for permanent residence. (4) Termination of exception upon entry of replacement.-- Paragraph (1) does not apply to an ineligible vessel with respect to a trade route after the date of the entry into service on that trade route of an eligible vessel, if-- (A) the eligible vessel has a passenger carrying capacity that is equal to at least 75 percent of the passenger carrying capacity of the ineligible vessel, as determined by the Secretary of the Department in which the Coast Guard is operating; (B) the person that is the owner or charterer of the eligible vessel submits to the Secretary of Transportation, by not later than 270 days before the date of that entry into service-- (i) a notice of the intent of the person to enter into that service; and (ii) such evidence as the Secretary may require that the person is offering and advertising that service; (C) any individual employed on the ineligible vessel after the one-year period beginning on the date of the enactment of this Act-- (i) is not a citizen of the United States; and (ii) is not an alien lawfully admitted to the United States for permanent residence; and (D) more than 25 percent of the total number of individuals employed on the ineligible vessel after the one-year period beginning on the date of the enactment of this Act are aliens lawfully admitted to the United States for permanent residence. (5) Termination of exception upon sale of vessel.-- Paragraph (1) does not apply to an ineligible vessel after any date on which the vessel is sold after the date of the enactment of this Act. (6) Definitions.--In this subsection-- (A) the term ``eligible vessel'' means a vessel that is eligible under chapter 121 of title 46, United States Code, for a certificate of documentation authorizing the vessel to engage in coastwise trade; (B) the term ``ineligible vessel'' means a vessel that is not eligible under chapter 121 of title 46, United States Code, for a certificate of documentation authorizing the vessel to engage in coastwise trade; and (C) the term ``major conversion'' has the meaning that term has under section 2101 of title 46, United States Code. SEC. 3. DOCUMENTATION OF VESSELS. (a) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), the Act of June 19, 1886 (46 App. U.S.C. 289), and sections 12106 and 12107 of title 46, United States Code, the Secretary of Transportation may issue certificates of documentation with appropriate endorsement for employment in the coastwise trade for the following vessels: (1) Emerald Princess (former United States official number 530095). (2) Europa Star (former United States official number 588270). (3) Europa Sun (former United States official number 596656). (b) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883) and section 12106 of title 46, United States Code, the Secretary of Transportation may issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel M/V Helton Voyager (Spanish registration lista 2A-Folio-592) if-- (1) the person documenting the vessel entered a contract before May 21, 1992, to purchase the vessel; (2) the vessel undergoes a major conversion (as defined in section 2101 of title 46, United States Code) in a United States shipyard under a contract signed before January 1, 1994; (3) the cost of the major conversion is more than the value of the vessel before the major conversion; and (4) the major conversion is completed and the vessel is documented under chapter 121 of title 46, United States Code, with a coastwise endorsement before January 1, 1995. (c) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883) and section 12106 of title 46, United States Code, the Secretary of Transportation may issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade, for the vessel M/V Twin Drill (Panama official number 8536-PEXT-2) if-- (1) the vessel undergoes a major conversion (as defined in section 2101 of title 46, United States Code) in a United States shipyard; (2) the cost of the major conversion is more than 3 times the purchase value of the vessel before the major conversion; (3) the major conversion is completed and the vessel is documented under chapter 121 of title 46, United States Code, with a coastwise endorsement before June 30, 1995; and (4) the person documenting the vessel contracts with a United States shipyard to construct an additional vessel of equal or greater passenger capacity within 12 months of the date of enactment of this Act, for delivery within 36 months of the date of such contract, which vessel shall also be documented under chapter 121 of title 46, United States Code. (d)(1) The vessel Star of Texas (Lloyds register number L5103936) may engage in coastwise trade (as defined in section 8(c)(1)(A) of the Act of June 19, 1886, as amended by this Act) out of the Port of Galveston during the 5-year period beginning on the date of the enactment of this Act, if during the period beginning 30 days after that date of enactment and ending 5 years after that date of enactment-- (A) at least 60 employees engaged on the vessel are United States citizens; (B) of the employees engaged on the vessel who are United States citizens, at least 60 are proficient in lifeboat training, firefighting, and vessel evacuation under standards certified by the United States Coast Guard; (C) all repairs and alterations to the vessel are done in United States shipyards; (D) the vessel is a United States documented vessel before the end of that period; and (E) all other employees are instructed in basic safety techniques. (2) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883) and section 12106 of title 46, United States Code, and subject to paragraph (1), the Secretary of Transportation may issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade in the period described in paragraph (1) for a vessel described in that paragraph. SEC. 4. LIMITATION ON AUTHORITY OF STATES TO REGULATE GAMBLING DEVICES ON VESSELS. Section 5(b)(2) of the Act of January 2, 1951 (15 U.S.C. 1175(b)(2)), commonly referred to as the ``Johnson Act'', is amended by adding at the end the following: ``(C) Exclusion of certain voyages and segments.--A voyage or segment of a voyage is not described in subparagraph (B) if it includes or consists of, respectively, a segment-- ``(i) that begins and ends in the same State or possession of the United States; ``(ii) that is part of a voyage to another State or possession of the United States or to a foreign country; and ``(iii) in which the vessel reaches the other State or possession of the United States or the foreign country within 3 days after leaving the State or possession of the United States in which the segment begins.''. Passed the House of Representatives November 20, 1993. Attest: DONNALD K. ANDERSON, Clerk. By Dallas L. Dendy, Jr., Assistant to the Clerk.

United States-Flag Passenger Vessel Act of 1993 - Amends Federal law to permit a vessel to transport passengers in coastwise trade only if: (1) the vessel meets certain requirements under the Merchant Marine Act, 1920 and the Shipping Act, 1916 for engaging in such trade; and (2) in the case of a vessel that is at least five net tons, it is documented with a coastwise endorsement. Sets forth a civil penalty of $1,000 per passenger transported in violation of this Act. Sets forth terminable exceptions to such requirements for certain ineligible vessels. Authorizes the Secretary of Transportation to issue certificates of documentation for certain named vessels. Authorizes the Secretary to issue such certificates to certain other named vessels if certain conditions are met. Amends the Johnson Act to set forth instances in which the prohibition on gambling devices on vessels shall not apply.

United States-Flag Passenger Vessel Act of 1993

SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Black Lung Benefits Restoration Act of 1997''. (b) Reference.--Whenever in this Act (other than section 9(a)(1)) 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 Black Lung Benefits Act. SEC. 2. BENEFIT OVERPAYMENT. Part C is amended by adding at the end the following: ``Sec. 436 (a) The repayment of benefits paid on a claim filed under this part before the final adjudication of the claim shall not be required if the claim was finally denied, unless fraud or deception was used to procure the payment of such benefits. ``(b) The trust fund shall refund any payments made to it as a reimbursement of benefits paid on a claim filed under this part before the final adjudication of the claim, unless fraud or deception was used to procure the payment of such benefits. ``(c) The trust fund shall reimburse an operator for any benefits paid on a claim filed under this part before the final adjudication of the claim if the claim was finally denied. ``(d) If on a claim for benefits filed under this part-- ``(1) the Secretary makes an initial determination-- ``(A) of eligibility, or ``(B) that particular medical benefits are payable, or ``(2) an award of benefits is made, the operator found to be the responsible operator under section 422(h) shall, within 30 days of the date of such determination or award, commence the payment of monthly benefits accruing thereafter and of medical benefits that have been found payable. If an operator fails to timely make any payment required by an initial determination or by an award, such determination or award shall be considered final as of the date of its issuance.''. SEC. 3. EVIDENCE. Section 422 (30 U.S.C. 932) is amended by adding at the end the following: ``(m)(1)(A) During the course of all proceedings on a claim for benefits under this part, the results of not more than 3 medical examinations offered by the claimant may be received as evidence to support eligibility for benefits. ``(B) During the course of all proceedings on a claim for benefits under this part, the responsible operator and the trust fund-- ``(i) may each require, at no expense to the claimant, not more than one medical examination of the miner, and ``(ii) may not each offer as evidence the results of more than one medical examination of the miner. ``(C) An administrative law judge may require the miner to submit to a medical examination by a physician assigned by the District Director if the administrative law judge determines that, at any time, there is good cause for requiring such examination. For purposes of this subparagraph, good cause shall exist only when the administrative law judge is unable to determine from existing evidence whether the claimant is entitled to benefits. ``(D) The complete pulmonary evaluation provided each miner under section 413(b) and any consultive evaluation developed by the District Director shall be received into evidence notwithstanding subparagraph (A) or (B). ``(E) Any record of-- ``(i) hospitalization for a pulmonary or related disease, ``(ii) medical treatment for a pulmonary or related disease, and ``(iii) a biopsy or an autopsy, may be received into evidence notwithstanding subparagraph (A) or (B). ``(2) In addition to the medical examinations authorized by paragraph (1), each party may submit one interpretive medical opinion (whether presented as documentary evidence or in oral testimony) reviewing each clinical study or physical examination (including a consultive reading of a chest roentgenogram, an evaluation of a blood gas study, and an evaluation of a pulmonary function study) derived from any medical examination or contained in a record referred to in paragraph (1)(E). ``(3) A request for modification of a denied claim under section 22 of the Longshore and Harbor Workers' Compensation Act, as made applicable to this Act by subsection (a) of this section, shall be considered as if it were a new claim for the purpose of applying the limitations prescribed by paragraphs (1) and (2). ``(4) The opinion of a miner's treating physician, if offered in accordance with paragraph (1)(A), shall be given substantial weight over the opinion of other physicians in determining the claimant's eligibility for benefits if the treating physician is board-certified in a specialty relevant to the diagnosis of total disability or death due to pneumoconiosis. ``(5) For purposes of this subsection, a medical examination consists of a physical examination and all appropriate clinical studies (not including a biopsy or an autopsy) related to the diagnosis of total disability or death due to pneumoconiosis.''. SEC. 4. SURVIVOR BENEFITS. (a) Death.--Section 422 (30 U.S.C. 932), as amended by section 3, is amended by adding at the end the following: ``(n) If an eligible survivor files a claim for benefits under this part and if the miner-- ``(1) was receiving benefits for pneumoconiosis pursuant to a final adjudication under this part, or ``(2) was totally disabled by pneumoconiosis at the time of the miner's death, the miner's death shall be considered to have occurred as a result of the pneumoconiosis.''. (b) Rules for Widows and Widowers.--Section 422 (30 U.S.C. 932), as amended by subsection (a), is amended by adding at the end the following: ``(o)(1) A widow or widower of a miner who was married to the miner for less than 9 months at any time preceding the miner's death is not qualified to receive survivor benefits under this part unless the widow or widower was the natural or adoptive parent of the miner's child. ``(2) The widow or widower of a miner is disqualified to receive survivor benefits under this part if the widow or widower remarries before attaining the age of 50. ``(3) A widow or widower may not receive an augmentation in survivor benefits on any basis arising out of a remarriage of the widow or widower.''. SEC. 5. RESPONSIBLE OPERATOR. Section 422(h) (30 U.S.C. 932(h)) is amended by inserting ``(1)'' after ``(h)'' and by adding at the end the following: ``(2)(A) Prior to issuing an initial determination of eligibility, the Secretary shall, after investigation, notice, and a hearing as provided in section 19 of the Longshore and Harbor Workers' Compensation Act, as made applicable to this Act by subsection (a) of this section, determine whether any operator meets the Secretary's criteria for liability as a responsible operator under this Act. If a hearing is timely requested on the liability issue, the decision of the administrative law judge conducting the hearing shall be issued not later than 120 days after such request and shall not be subject to further appellate review. ``(B) If the administrative law judge determines that an operator's request for a hearing on the liability issue was made without reasonable grounds, the administrative law judge may assess the operator for the costs of the proceeding (not to exceed $750).''. SEC. 6. ATTORNEY FEES. Section 422 (30 U.S.C. 932), as amended by section 4(b), is amended by adding at the end the following: ``(p)(1) If in any administrative or judicial proceeding on a claim for benefits a determination is made that a claimant is entitled to such benefits, the claimant shall be entitled to receive all reasonable costs and expenses (including expert witness and attorney's fees) incurred by the claimant in such proceeding and in any other administrative or judicial proceeding on such claim occurring before such proceeding. ``(2) In the case of a proceeding held with respect to such claim-- ``(A) the person or Board which made the determination that the claimant is entitled to benefits in an administrative proceeding and any other person or Board which made a prior determination in an administrative proceeding on such claim, or ``(B) the court in the case of a judicial proceeding, shall determine the amount of all costs and expenses (including expert witness and attorney's fees) incurred by the claimant in connection with any such proceeding and shall assess the operator responsible to the claimant for such costs and expenses which are reasonable or if there is not an operator responsible to the claimant, shall assess the fund for such costs and expenses. ``(3) The determination of such costs and expenses shall be made within 60 days of the date the claimant submits a petition for the payment of such costs and expenses to a person, the Board, or court which made a determination on the claimant's claim. The person, Board, or court receiving such petition shall take such action as may be necessary to assure that such costs and expenses are paid within 45 days of the date of the determination of such costs and expenses unless a motion to reconsider-- ``(A) the amount of such costs and expenses, or ``(B) the person liable for the payment of such amount, is pending. ``(4) If an operator pays costs and expenses assessed under paragraph (1) and if the claimant for whom such costs and expenses were paid is determined in a later proceeding not to be eligible for benefits under this part, the fund shall pay the operator the amount paid for such costs and expenses. ``(5) Section 28(e) of the Longshore and Harbor Workers' Compensation Act shall apply with respect to any person who receives costs and expenses which are paid under this subsection on account of services rendered a claimant.''. SEC. 7. ADMINISTRATION. (a) Appeals to the Benefits Review Board.--No appeal of an order in a proceeding under the Black Lung Benefits Act may be made by a claimant or respondent to the Benefits Review Board unless such order has been made by an administrative law judge. (b) Acquiescence.--The Secretary of Labor may not delegate to the Benefits Review Board the authority to refuse to acquiesce in a decision of a Federal court. SEC. 8. REFILING. Any claim filed under the Black Lung Benefits Act after January 1, 1982, but before the effective date of this Act prescribed by section 11(a), may be refiled under such Act after such effective date for a de novo review on the merits. SEC. 9. CONSTRUCTION. If in any legal proceeding a term in any amendment made by this Act is considered to be ambiguous, the legislative history accompanying this Act shall be considered controlling. SEC. 10. EFFECTIVE DATES. (a) General Rule.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect October 1, 1997. (b) Section 6.--The amendment made by section 6 shall apply only with respect to claims which are filed for the first time after October 1, 1997, and shall not apply with respect to any claim which is filed before such date and which is refiled under section 8 of this Act after such date.

Black Lung Benefits Restoration Act of 1997 - Amends the Black Lung Benefits Act (the Act) to provide that, when black lung (pneumoconiosis) benefits are paid after an initial determination of eligibility, repayment of an overpayment will not be required even upon a final determination of ineligibility, if there was no fraud or deception by the claimant. Provides for refunds to claimants of any such repayments required before this Act. Provides for reimbursement by the Black Lung Disability Trust Fund to operators who made such benefit overpayments. (Sec. 3) Revises evidence requirements. Prohibits the responsible operator or the Trust Fund from requiring more than one medical examination to controvert medical evidence presented by a claimant on the basis of a medical examination. Prohibits any claimant from offering more than three medical examinations, but authorizes the administrative law judge to require the claimant to submit to an additional medical examination. (Sec. 4) Revises requirements for survivor benefits. Provides that a miner's death shall be considered to have occurred as a result of the pneumoconiosis if the miner was receiving benefits for, or was totally disabled by, pneumoconiosis at the time of death. Prohibits the payment of survivor benefits to any widow or widower of a miner who was married to the miner for less than nine months preceding the miner's death, unless such widow or widower was the natural or adoptive parent of the miner's child. or who had children as a result of such a marriage. Disqualifies for receipt of survivor benefits the widows or widowers of miners who remarry before attaining age 50. Prohibits any widow or widower from receiving an augmentation in survivor benefits on any basis arising out of a remarriage. (Sec. 5) Requires the Secretary of Labor, before issuing an initial determination of workers compensation eligibility for pneumoconiosis, to determine whether any operator meets the Secretary's criteria for liability as a responsible operator. Requires an administrative law judge conducting a timely requested hearing on the liability issue to render a decision by a certain deadline, which decision shall not be subject to further appellate review. Authorizes assessment of proceeding costs against any operator requesting such a hearing, if the administrative law judge finds there were no reasonable grounds for such a request. (Sec. 6) Requires that all reasonable legal costs and expenses incurred by the claimant be paid by the responsible operator, or the Trust Fund, after an administrative or judicial determination that the claimant is entitled to black lung benefits. Requires the Secretary or court to take action to assure that they are paid within 45 days after such determination. Requires the Trust Fund to pay any operator the legal costs the operator paid to a claimant determined in a later proceeding to be ineligible for benefits. (Sec. 7) Prohibits a claimant or respondent from appealing to the Benefits Review Board any order unless it has been made by an administrative law judge. (Sec. 8) Allows any claim filed under the Act after January 1, 1982, but before enactment of this Act, to be refiled after enactment of this Act for a de novo review on the merits.

Black Lung Benefits Restoration Act of 1997

SECTION 1. AVAILABILITY OF PROPORTIONATE SHARE OF DOCKET 74-A TO THE SANTEE SIOUX TRIBE. (a) In General.--Of the amounts appropriated in satisfaction of the monetary settlement in Docket 74-A, together with the investment income earned thereon, the proportionate share of the Santee Sioux Tribe shall be available in accordance with this Act. (b) Fund.--The Secretary of the Interior shall hold the amount made available under subsection (a) in trust for the tribe in a trust fund to be known as the ``Santee Sioux Tribe Docket 74-A Fund''. (c) Investment of Principal.--The Secretary shall invest the principal of the fund in accordance with applicable law. (d) Availability of Earnings.--The interest and investment income earned under subsection (c) shall be made available on an annual basis to the Santee Sioux Tribe for such social and economic programs and tribal government operations as may be determined by the tribal council of the Santee Sioux Tribe, as follows: (1) 20 percent of such amounts shall be available annually for economic development. (2) 20 percent of such amounts shall be available annually for burials. (3) 60 percent of such amounts shall be available annually for annual budgeting by the tribal council based on local priorities and initiatives. (e) Restrictions on Use of Moneys for Acquisition of Land Located Outside of Reservation.--Amounts made available under subsection (d) may not be used to acquire any lands or interests in lands located outside the exterior boundaries of the reservation of the Santee Sioux Tribe. (f) Tax Exemption and Resources Exemption Limitation.--None of the funds which are distributed per capita or held in trust pursuant to this section, including all interest and investment income accrued thereon while such funds are so held in trust, shall be subject to Federal or State income taxes, nor shall such funds nor their availability be considered as income or resources nor otherwise utilized as the basis for denying or reducing the financial assistance or other benefits to which such household or member would otherwise be entitled under the Social Security Act (42 U.S.C. 301 et seq.) or, except for per capita shares in excess of $2,000, any Federal or federally assisted program. (g) Release, Relinquishment, and Extinguishment of Claims.-- (1) Release and relinquishment.--No amount may be made available under subsection (a) until after the Santee Sioux Tribe executes a release and relinquishment, acceptable to the Secretary, of all claims subject to Docket 74-A. (2) Extinguishment.--By virtue of the execution of a release and relinquishment under paragraph (1), all claims by the Santee Sioux Tribe and any of its members against the United States which are subject to Docket 74-A shall be deemed extinguished as of the date of the execution. SEC. 2. APPLICABILITY OF SETTLEMENT TERMS AND CONDITIONS OF SIOUX INDIAN NATION IN DOCKETS 74-A AND 74-B, IF SETTLED. (a) In General.--If the Sioux Indian Nation accepts the settlement in both Dockets 74-A and 74-B, all amounts remaining in the fund shall be subject to the general terms and conditions applicable to moneys available to the Sioux Indian Nation under such settlement. Thereafter, section 1 shall not apply. (b) Sioux Indian Nation.--For the purposes of subsection (a), the term ``Sioux Indian Nation'' means-- (1) the Cheyenne River Sioux Tribe of the Cheyenne River Indian Reservation; (2) the Crow Creek Sioux Tribe of the Crow Creek Indian Reservation; (3) the Flandreau Santee Sioux Tribe of South Dakota; (4) the Lower Brule Sioux Tribe of the Lower Brule Indian Reservation; (5) the Oglala Sioux Tribe of the Pine Ridge Reservation; (6) the Rosebud Sioux Tribe of the Rosebud Reservation, South Dakota; (7) the Santee Sioux Tribe of the Santee Reservation, Nebraska; (8) the Standing Rock Sioux Tribe of the Standing Rock Reservation, North and South Dakota; and (9) the Sioux Tribe of the Fort Peck Reservation, Montana. SEC. 3. DEFINITIONS. As used in this Act: (1) The term ``Santee Sioux Tribe'' means the Santee Sioux Tribe of the Santee Reservation, Nebraska, a party to Docket 74-A. (2) The term ``Docket 74-A'' means the action before the United States Claims Court in the case entitled ``Sioux Nation of Indians against the United States'' for the adjudication of claims based on the Treaty of April 29, 1868 (15 Stat. 635), and the monetary settlement related thereto, between the United States Government and the Sioux Indian Nation. Such term does not include claims based on the Act of February 22, 1877 (19 Stat. 254), relating to the taking of the Black Hills, designated as Docket 74-B. (3) The term ``proportionate share'' means 5.11 percent, as provided by the Bureau of Indian Affairs in their ``Results of Research Report'' dated October 1989. (4) The term ``fund'' means the Santee Sioux Tribe Docket 74-A Fund established by section 2(b). (5) The term ``Secretary'' means the Secretary of the Interior.

Makes available the proportionate share of the amounts appropriated in satisfaction of the monetary settlement, together with the investment income earned thereon, with respect to the Santee Sioux Tribe of Nebraska. Directs that if the Sioux Indian Nation accepts the settlements: (1) all amounts remaining in the fund will be subject to the general terms and conditions applicable to moneys available to the Sioux Indian Nation under such settlement; and (2) thereafter the first clause shall not apply.

To make available to the Santee Sioux Tribe of Nebraska its proportionate share of funds awarded in Docket 74-A to the Sioux Indian Nation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Tax Relief Act of 1999''. SEC. 2. REPEAL OF 1993 INCREASE IN TAX ON SOCIAL SECURITY BENEFITS. (a) In General.--Paragraph (2) of section 86(a) of the Internal Revenue Code of 1986 (relating to social security and tier 1 railroad retirement benefits) is amended by adding at the end the following new sentence: ``This paragraph shall not apply to any taxable year beginning after December 31, 1998.'' (b) Conforming Amendments.-- (1) Paragraph (3) of section 871(a) of such Code is amended by striking ``85 percent'' in subparagraph (A) and inserting ``50 percent''. (2)(A) Subparagraph (A) of section 121(e)(1) of the Social Security Amendments of 1983 (Public Law 98-21) is amended-- (i) by striking ``(A) There'' and inserting ``There''; (ii) by striking ``(i)'' immediately following ``amounts equivalent to''; and (iii) by striking ``, less (ii)'' and all that follows and inserting a period. (B) Paragraph (1) of section 121(e) of such Act is amended by striking subparagraph (B). (C) Paragraph (3) of section 121(e) of such Act is amended by striking subparagraph (B) and by redesignating subparagraph (C) as subparagraph (B). (D) Paragraph (2) of section 121(e) of such Act is amended in the first sentence by striking ``paragraph (1)(A)'' and inserting ``paragraph (1)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 3. REMOVAL OF LIMITATION UPON THE AMOUNT OF OUTSIDE INCOME WHICH A SOCIAL SECURITY BENEFICIARY MAY EARN WHILE RECEIVING BENEFITS. (a) Repeal of Provisions Relating to Deductions on Account of Work.-- (1) In general.--Subsections (b), (c)(1), (d), (f), (h), (j), and (k) of section 203 of the Social Security Act (42 U.S.C. 403) are repealed. (2) Conforming amendments.--Section 203 of such Act (as amended by subsection (a)) is further amended-- (A) in subsection (c), by redesignating such subsection as subsection (b), and-- (i) by striking ``Noncovered Work Outside the United States or'' in the heading; (ii) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; (iii) by striking ``For purposes of paragraphs (2), (3), and (4)'' and inserting ``For purposes of paragraphs (1), (2), and (3)''; and (iv) by striking the last sentence; (B) in subsection (e), by redesignating such subsection as subsection (c), and by striking ``subsections (c) and (d)'' and inserting ``subsection (b)''; (C) in subsection (g), by redesignating such subsection as subsection (d), and by striking ``subsection (c)'' each place it appears and inserting ``subsection (b)''; and (D) in subsection (l), by redesignating such subsection as subsection (e), and by striking ``subsection (g) or (h)(1)(A)'' and inserting ``subsection (d)''. (b) Additional Conforming Amendments.-- (1) Provisions relating to benefits terminated upon deportation.--Section 202(n)(1) of the Social Security Act (42 U.S.C. 402(n)(1)) is amended by striking ``Section 203 (b), (c), and (d)'' and inserting ``Section 203(b)''. (2) Provisions relating to exemptions from reductions based on early retirement.-- (A) Section 202(q)(5)(B) of such Act (42 U.S.C. 402(q)(5)(B)) is amended by striking ``section 203(c)(2)'' and inserting ``section 203(b)(1)''. (B) Section 202(q)(7)(A) of such Act (42 U.S.C. 402(q)(7)(A)) is amended by striking ``deductions under section 203(b), 203(c)(1), 203(d)(1), or 222(b)'' and inserting ``deductions on account of work under section 203 or deductions under section 222(b)''. (3) Provisions relating to exemptions from reductions based on disregard of certain entitlements to child's insurance benefits.-- (A) Section 202(s)(1) of such Act (42 U.S.C. 402(s)(1)) is amended by striking ``paragraphs (2), (3), and (4) of section 203(c)'' and inserting ``paragraphs (1), (2), and (3) of section 203(b)''. (B) Section 202(s)(3) of such Act (42 U.S.C. 402(s)(3)) is amended by striking ``The last sentence of subsection (c) of section 203, subsection (f)(1)(C) of section 203, and subsections'' and inserting ``Subsections''. (4) Provisions relating to suspension of aliens' benefits.--Section 202(t)(7) of such Act (42 U.S.C. 402(t)(7)) is amended by striking ``Subsections (b), (c), and (d)'' and inserting ``Subsection (b)''. (5) Provisions relating to benefits increased on account of delayed retirement.--Section 202(w)(2)(B)(ii) of such Act (42 U.S.C. 402(w)(2)(B)(ii)) is amended by striking ``or 203(c)''. (6) Provisions relating to reductions in benefits based on maximum benefits.--Section 203(a)(3)(B)(iii) of such Act (42 U.S.C. 403(a)(3)(B)(iii)) is amended by striking ``and subsections (b), (c), and (d)'' and inserting ``and subsection (b)''. (7) Provisions relating to penalties for misrepresentations concerning earnings for periods subject to deductions on account of work.--Section 208(a)(1)(C) of such Act (42 U.S.C. 408(a)(1)(C)) is amended by striking ``under section 203(f) of this title for purposes of deductions from benefits'' and inserting ``under section 203 for purposes of deductions from benefits on account of work''. (8) Provisions taking into account earnings in determining benefit computation years.--Clause (I) in the next to last sentence of section 215(b)(2)(A) of such Act (42 U.S.C. 415(b)(2)(A)) is amended by striking ``no earnings as described in section 203(f)(5) in such year'' and inserting ``no wages, and no net earnings from self-employment (in excess of net loss from self-employment), in such year''. (9) Provisions relating to rounding of benefits.--Section 215(g) of such Act (42 U.S.C. 415(g)) is amended by striking ``and any deduction under section 203(b)''. (10) Provisions relating to earnings taken into account in determining substantial gainful activity of blind individuals.--The second sentence of section 223(d)(4) of such Act (42 U.S.C. 423(d)(4)) is amended by striking ``if section 102 of the Senior Citizens' Right to Work Act of 1996 had not been enacted'' and inserting the following: ``if the amendments to section 203 made by section 102 of the Senior Citizens' Right to Work Act of 1996 and by section 3 of the Senior Tax Relief Act of 1999 had not been enacted''. (11) Provisions defining income for purposes of SSI.-- Section 1612(a) of such Act (42 U.S.C. 1382a(a)) is amended-- (A) by striking ``as determined under section 203(f)(5)(C)'' in paragraph (1)(A) and inserting ``as defined in the last two sentences of this subsection''; and (B) by adding at the end (after and below paragraph (2)(F)) the following new sentences: ``For purposes of paragraph (1)(A), the term `wages' means wages as defined in section 209, but computed without regard to the limitations as to amounts of remuneration specified in paragraphs (1), (6)(B), (6)(C), (7)(B), and (8) of section 209(a). In making the computation under the preceding sentence, (A) services which do not constitute employment as defined in section 210, performed within the United States by an individual as an employee or performed outside the United States in the active military or naval services of the United States, shall be deemed to be employment as so defined if the remuneration for such services is not includible in computing the individual's net earnings or net loss from self-employment for purposes of title II, and (B) the term `wages' shall be deemed not to include (i) the amount of any payment made to, or on behalf of, an employee or any of his or her dependents (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) on account of retirement, or (ii) any payment or series of payments by an employer to an employee or any of his or her dependents upon or after the termination of the employee's employment relationship because of retirement after attaining an age specified in a plan referred to in section 209(m)(2) or in a pension plan of the employer.''. (12) Repeal of deductions on account of work under the railroad retirement program.--Section 2 of the Railroad Retirement Act of 1974 (45 U.S.C. 231a) is amended by striking subsections (f) and (g)(2). (c) Effective Date.--The amendments and repeals made by this section shall apply with respect to taxable years ending on or after the date of the enactment of this Act. SEC. 4. REPEAL OF ESTATE AND GIFT TAXES. (a) In General.--Subtitle B of the Internal Revenue Code of 1986 (relating to estate, gift, and generation-skipping taxes) is hereby repealed. (b) Effective Date.--The repeal made by subsection (a) shall apply to estates of decedents dying, and transfers made, after the date of the enactment of this Act.

Senior Tax Relief Act of 1999 - Amends the Internal Revenue Code (IRC) to repeal the tax increase on social security benefits enacted by the Revenue Reconciliation Act of 1993. Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn (earnings test) without incurring a reduction in benefits. Amends the IRC to repeal the estate tax, gift tax, and the tax on generation-skipping transfers.

Senior Tax Relief Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Total Health Requires Improved Vaccination Efforts Act of 2005'' or the ``THRIVE Act of 2005''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Since the 1990s, the United States has achieved and maintained high levels of childhood immunization, yet certain problems persist within the national immunization system. Data from the Centers for Disease Control indicate the following: (A) Immunization coverage rates among adults are well below those achieved among children. (B) Significant racial and ethnic disparities exist between coverage rates among adults. (C) Many at-risk adults are not getting the vaccines they need to prevent diseases such as influenza, pneumococcal pneumonia and hepatitis B. (2) Vaccine-preventable diseases in adults cause a staggering number of deaths and illnesses each year. Research shows that the following applies each year in the United States: (A) 200,000 individuals are hospitalized due to influenza complications and approximately 36,000 will die. (B) 33,000 people suffer from invasive pneumococcal disease and 5,000 will die. (C) 80,000 individuals become newly infected with hepatitis B, and of these 5,000 will die. (D) Pneumonia and influenza together are the sixth leading cause of death among older adults. (3) The Centers for Disease Control and Prevention (``CDC'') estimates that the overall cost to the Nation from these vaccine-preventable diseases of adults exceeds $10 billion per year. (4) Recommended adult immunizations are cost effective and would produce significant savings for the health care system of the United States. According to current research and CDC statistics: (A) Influenza vaccine saves $14.71 per person vaccinated between the ages of 18 and 63. (B) Influenza vaccine saves $182 in medical costs for each person vaccinated aged 65 or over. (C) Pneumococcal vaccine saves $8.87 in medical costs per person vaccinated aged 65 or over. (D) Hepatitis B vaccine saves $100 million in medical costs for every 1 million high-risk adults vaccinated. (5) The shortage of influenza vaccine for the 2004-2005 season revealed a number of weaknesses in the adult immunization infrastructure in the United States: insufficient vaccine to meet demand; uneven distribution of vaccine; and impaired abilities to administer vaccine to those in greatest need. Such problems undermine public health and confidence in the public health system, create confusion and uncertainty, and destabilize the vaccine market place. (6) These deficiencies in adult immunization in the United States are further exacerbated by decreasing Federal and State resources for immunizations: (A) The Federal budget for immunizations has decreased over the last five years, shifting more of the immunization infrastructural costs to states already facing budget shortfalls. (B) With most currently available State and Federal immunization resources directed toward childhood immunization, adult immunization policies and programs are increasingly at risk. (C) The diminishing resource base compromises the abilities of State health departments to collect data about adult immunization, assess immunization rates and conduct and implement strategic planning to protect adults from vaccine-preventable diseases. (7) There is, therefore, a vital need to enhance the Nation's efforts to protect adults against vaccine-preventable diseases. Establishing a strong and effective adult immunization infrastructure in the Unites States makes good sense: (A) From a public health perspective it will better prepare the health care system for an anticipated influenza pandemic. (B) From a homeland security preparedness stance it will enable the public health community to respond more quickly and effectively to biological threats. (C) From a biomedical standpoint it will encourage American adults to capitalize on newly developed vaccines for other diseases such as cervical cancer and shingles. (8) There are proven ways to bolster the adult immunization system: (A) Rigorous studies have shown that removing financial barriers increases vaccination rates among adults. (B) Measuring how well providers deliver immunizations increases vaccination rates. (C) Existing performance measurement systems are excellent incentives to ensure that health care workers are immunized against infectious diseases that could potentially spread to vulnerable patients. (D) Health education campaigns are proven ways to positively impact immunization behaviors. SEC. 3. CENTERS FOR DISEASE CONTROL AND PREVENTION; PROGRAM FOR INCREASING IMMUNIZATION RATES FOR ADULTS. (a) Activities of Centers for Disease Control and Prevention.-- Section 317(j) of the Public Health Service Act (42 U.S.C. 247b(j)) is amended by adding at the end the following paragraphs: ``(3)(A) For the purpose of carrying out activities toward increasing immunization rates for adults through the immunization program under this subsection, and for the purpose of carrying out subsection (k)(2), there are authorized to be appropriated $75,000,000 for fiscal year 2006, and such sums as may be necessary for each of the fiscal years 2007 through 2010. Such authorization is in addition to amounts available under paragraphs (1) and (2) for such purposes. ``(B) In expending amounts appropriated under subparagraph (A), the Secretary shall give priority to adults who are medically underserved and are at risk for vaccine-preventable diseases. ``(C) The purposes for which amounts appropriated under subparagraph (A) are available include (with respect to immunizations for adults) payment of the costs of storing vaccines, outreach activities to inform individuals of the availability of the immunizations, and other program expenses necessary for the establishment or operation of immunization programs carried out or supported by States or other public entities pursuant to this subsection. ``(D)(i) Of the amounts appropriated under subparagraph (A), the Secretary may, for three consecutive fiscal years during the fiscal years 2006 through 2010, reserve in the aggregate for such three years not more than $25,000,000 to make grants to not more than four States for the purpose of carrying out demonstration projects to provide immunizations against influenza to individuals who are in the age group 19 through 64, are uninsured with respect to such vaccine, and are at high risk with respect to influenza. ``(ii) In making grants pursuant to clause (i), the Secretary shall give preference to any State that-- ``(I) has a low rate of adult immunizations for influenza and pneumococcus among populations that are at high risk with respect to such diseases; or ``(II) has a racial or ethnic minority group for which there is a significant disparity in the rate of adult immunizations for influenza and pneumococcus as compared to the general population of the State. ``(iii) A grant may be made pursuant to clause (i) only if the State involved agrees that, before the demonstration project under such clause begins providing immunizations, the State will, for purposes of determining the effects of the project, make an estimate of the rate of immunizations with influenza vaccine in the population that will be served by the project. ``(iv) Upon the request of a State that will carry out a demonstration project under clause (i), the Secretary shall provide technical assistance to the State with respect to making the estimate described in clause (iii) and with respect to identifying intervention and comparison sites for the project. ``(v) For purposes of this subparagraph: ``(I) An individual shall be considered to be uninsured with respect to influenza vaccine if the individual does not have benefits with respect to the cost of such vaccine under a health insurance policy or plan (including a group health plan, a prepaid health plan, or an employee welfare benefit plan under the Employee Retirement Income Security Act of 1974). ``(II) With respect to influenza, an individual shall be considered to be at high risk if the individual meets the high- risk criteria identified by the Advisory Committee on Immunization Practices (an advisory committee established by the Secretary). ``(4)(A) The Secretary shall annually submit to the Congress a report that-- ``(i) evaluates the extent to which the immunization system in the United States has been effective in providing for adequate immunization rates for adults, taking into account the applicable year 2010 health objectives established by the Secretary regarding the health status of the people of the United States; and ``(ii) describes any issues identified by the Secretary that may affect such rates. ``(B) For each fiscal year for which demonstration projects under paragraph (3)(D) are being carried out, the report under subparagraph (A) shall include information on-- ``(i) the effectiveness of the projects in increasing the rate of immunizations with influenza vaccine in the populations involved; ``(ii) demographic information on the individuals to whom the projects have provided immunizations (including with respect to race and ethnicity); and ``(iii) the types of health care entities that have been involved in the projects. ``(5) In carrying out this subsection and paragraphs (1) and (2) of subsection (k), the Secretary shall consider recommendations regarding immunizations that are made in reports issued by the Institute of Medicine.''. (b) Research, Demonstrations, and Education.--Section 317(k) of the Public Health Service Act (42 U.S.C. 247b(k)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following paragraph: ``(2)(A) The Secretary, directly or through grants under paragraph (1), shall provide for the following: ``(i) The Secretary shall coordinate with public and private entities (including nonprofit private entities), and develop and disseminate guidelines, toward the goal of ensuring that immunizations are routinely offered to adults by public and private health care providers. ``(ii) The Secretary shall cooperate with public and private entities to obtain information for the annual evaluations required in subsection (j)(4)(A)(i). ``(B)(i) The Secretary, directly or through grants under paragraph (1), shall provide for a campaign of education on the importance of adults receiving immunizations. Such campaign shall have-- ``(I) a component directed toward the general public; ``(II) a component or components directed toward health professionals, providers of health insurance and plans, and employers; and ``(III) components directed toward particular populations for which the rate of immunizations is low relative to the general population. ``(ii) In carrying out the campaign under clause (i), the Secretary shall seek to use innovative educational methods, and shall seek to meet the following goals: ``(I) Increase the demand for immunizations. ``(II) Correct misconceptions and unjustified concerns about the safety of vaccines. ``(III) Promote the inclusion in health insurance and plans of coverage of immunizations for adults. ``(IV) Promote the use of evidence-based approaches for improving the rate of immunizations. ``(iii) The Secretary shall provide for an evaluation, including through surveys, of the effects of the campaign under clause (i) on the knowledge, attitudes, and practices of the populations described in subclauses (I) through (III) of such clause.''. SEC. 4. MEDICARE AND MEDICAID PROGRAMS; STANDARDS TO MEASURE USAGE AND COVERAGE OF ADULT IMMUNIZATIONS. (a) In General.--The Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall establish standards for the measurement of use by beneficiaries under the medicare and medicaid programs of adult immunizations for influenza. (b) Study for Use of Standards as a Quality Measure.--The Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall conduct a study to determine the feasibility and advisability of including adult immunization for influenza by medicare and medicaid beneficiaries, as a performance measure under quality initiatives conducted by the Secretary under the medicare and medicaid programs. (c) Measurement of Usage by Health Care Workers.--The Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall establish standards for the measurement of use by health care workers, as defined by the Secretary for purposes of this section, working in a provider of services (as defined in section 1861(u) of the Social Security Act (42 U.S.C. 1395x(u)) of adult immunizations for influenza. (d) Assessment of Best Practices to Improve Coverage of Adult Immunizations.--The Secretary of Health and Human Services, acting through the Agency for Healthcare Research and Quality, shall conduct a study of the best practices of health insurers and managed care organizations to encourage the use of adult immunizations for influenza by enrollees of such insurers and organizations, such as informed refusal and other interventions. SEC. 5. STUDY ON ADULT IMMUNIZATION FOR INFLUENZA FOR HEALTH CARE WORKERS AS A QUALITY INDICATOR FOR PURPOSES OF ACCREDITATION. (a) Study.--The Secretary of Health and Human Services shall conduct a study to determine the feasibility and advisability of including as a requirement of accreditation of a provider of services (as defined in section 1861(u) of the Social Security Act (42 U.S.C. 1395x(u)) compliance with recommended adult immunizations, including influenza, for all health care workers employed by the provider of services. Any such requirement should include a provision for informed refusal by the health care worker of the immunization and appropriate documentation of usage and refusal of such immunizations. (b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under subsection (a), and shall include in that report a description of the difficulties of implementing such a requirement as well as recommendations for the resolution of those difficulties. SEC. 6. FEHBP COVERAGE OF QUALIFIED IMMUNIZATION SERVICES. (a) In General.--Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(p)(1) A contract may not be made or a plan approved which does not (A) offer qualified immunization services to eligible enrollees, and (B) provide for the waiver of any deductible that might otherwise apply with respect to any such services provided to any such enrollee. ``(2) For purposes of this subsection-- ``(A) the term `qualified immunization services' means-- ``(i) pneumococcal vaccine and its administration; and ``(ii) influenza vaccine and its administration; and ``(B) the term `eligible enrollee', as used with respect to a health benefits plan, means an individual enrolled in such plan under this chapter who is 18 years of age or older and who is at high risk of contracting pneumonia or influenza, as determined under criteria of the Advisory Committee on Immunization Practices or another similar body (as identified by the Office).''. (b) Effective Date.--The amendment made by this section shall apply to services provided under any contract entered into or renewed for any contract year beginning later than 9 months after the date of the enactment of this Act.

Total Health Requires Improved Vaccination Efforts Act of 2005 or the THRIVE Act of 2005 - Amends the Public Health Service Act to expand the Center for Disease Control's adult immunization program by: (1) authorizing additional appropriations for activities to increase immunizations rates for adults; and (2) making grants to states for demonstrations projects to provide influenza immunizations to uninsured adults at high risk for influenza. Requires the Secretary of Health and Human Services to: (1) develop and disseminate guidelines to ensure that immunizations are routinely offered to adults by health care providers; and (2) provide for an educational campaign on the importance of adult immunizations. Requires the Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, to: (1) establish standards for adult influenza immunizations under the Medicare and Medicaid programs; (2) determine the feasibility and advisability of including such immunizations as a performance measure under program quality initiatives; and (3) establish standards for immunizations for influenza of health care workers. Requires the Secretary, acting through the Agency for Healthcare Research and Quality (AHRQ), to study the best practices of health insurers and managed care organizations to encourage the use of adult immunizations for influenza by enrollees. Requires the Secretary to determine the feasibility and advisability of requiring compliance with recommendations for immunizations for all health care workers for provider accreditation. Prohibits a contract or plan under the federal employees health benefit program from being made or approved which does not offer and waive the deductible for pneumococcal and influenza immunization services to high risk adult enrollees.

To amend the Public Health Service Act to provide for increased funding for the Centers for Disease Control and Prevention to carry out activities toward increasing the number of medically underserved, at-risk adults who are immunized against vaccine-preventable diseases, to require a study regarding standards for the measurement of use by beneficiaries under the Medicare and Medicaid Programs of adult immunizations for influenza, to amend title 5, United States Code, with respect to the Federal Employees Health Benefits Program and certain immunization services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Workforce Improvement and Jobs Protection Act''. SEC. 2. EXEMPTING ALIENS EARNING MASTER'S OR HIGHER DEGREE IN UNITED STATES FROM NUMERICAL LIMITATIONS ON H-1B NONIMMIGRANTS. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following: ``(9) For any fiscal year, the applicable numerical limitation contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b) who has earned a master's or higher degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), until the number of aliens who are exempted from such numerical limitation during such year exceeds 20,000.''. SEC. 3. MAKING PERMANENT CERTAIN REQUIREMENTS AND AUTHORITIES WITH RESPECT TO H-1B NONIMMIGRANTS. (a) Attestation Requirements.--Section 212(n)(1)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``subparagraph, and before October 1, 2003,'' and inserting ``subparagraph''. (b) Fee.--Section 214(c)(9)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(9)(A)) is amended by striking ``before October 1, 2003''. (c) Department of Labor Investigative Authorities.--Section 413(e)(2) of the American Competitiveness and Workforce Improvement Act of 1998 (8 U.S.C. 1182 note) is repealed. (d) Effective Dates.-- (1) Attestation requirements.--The amendment made by subsection (a) shall apply to applications under section 212(n)(1) of the Immigration and Nationality Act filed on or after the date that is 30 days after the date of the enactment of this Act. (2) Fee.--The amendment made by subsection (b) shall apply to petitions under section 214(c) of the Immigration and Nationality Act filed on or after the date that is 30 days after the date of the enactment of this Act. (3) Department of labor investigative authority.--The amendment made by subsection (c) shall take effect on the date of the enactment of this Act. SEC. 4. FRAUD PREVENTION AND DETECTION FEE. (a) Imposition of Fee.--Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following: ``(12)(A) In addition to any other fees authorized by law, the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition under paragraph (1)-- ``(i) initially to grant an alien nonimmigrant status described in subparagraph (H)(i)(b) or (L) of section 101(a)(15); or ``(ii) to obtain authorization for an alien having such status to change employers. ``(B) In addition to any other fees authorized by law, the Secretary of State shall impose a fraud prevention and detection fee on an alien filing an application abroad for a visa authorizing admission to the United States as a nonimmigrant described in section 101(a)(15)(L), if the alien is covered under a blanket petition described in paragraph (2)(A). ``(C) The amount of the fee imposed under subparagraph (A) or (B) shall be $500. ``(D) The fee imposed under subparagraph (A) or (B) shall only apply to principal aliens and not to the spouses or children who are accompanying or following to join such principal aliens. ``(E) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(v).''. (b) Establishment of Account; Use of Fees.--Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at the end the following: ``(v) H-1B and L Fraud Prevention and Detection Account.-- ``(1) In general.--There is established in the general fund of the Treasury a separate account, which shall be known as the `H-1B and L Fraud Prevention and Detection Account'. Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected under section 214(c)(12). ``(2) Use of fees to combat fraud.-- ``(A) Secretary of state.--One-third of the amounts deposited into the H-1B and L Fraud Prevention and Detection Account shall remain available to the Secretary of State until expended for programs and activities at United States embassies and consulates abroad-- ``(i) to increase the number diplomatic security personnel assigned exclusively to the function of preventing and detecting fraud by applicants for visas described in subparagraph (H)(i) or (L) of section 101(a)(15); ``(ii) otherwise to prevent and detect such fraud pursuant to the terms of a memorandum of understanding or other cooperative agreement between the Secretary of State and the Secretary of Homeland Security; and ``(iii) upon request by the Secretary of Homeland Security, to assist such Secretary in carrying out the fraud prevention and detection programs and activities described in subparagraph (B). ``(B) Secretary of homeland security.--One-third of the amounts deposited into the H-1B and L Fraud Prevention and Detection Account shall remain available to the Secretary of Homeland Security until expended for programs and activities to prevent and detect fraud with respect to petitions under paragraph (1) or (2)(A) of section 214(c) to grant an alien nonimmigrant status described in subparagraph (H)(i) or (L) of section 101(a)(15). ``(C) Secretary of labor.--One-third of the amounts deposited into the H-1B and L Fraud Prevention and Detection Account shall remain available to the Secretary of Labor until expended for enforcement programs and activities described in section 212(n). ``(D) Consultation.--The Secretary of State, the Secretary of Homeland Security, and the Secretary of Labor shall consult one another with respect to the use of the funds in the H-1B and L Fraud Prevention and Detection Account.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, and the fees imposed under such amendments shall apply to petitions under section 214(c) of the Immigration and Nationality Act, and applications for nonimmigrant visas under section 222 of such Act, filed on or after the date that is 90 days after the date of the enactment of this Act. SEC. 5. ENSURING INTEGRITY OF VISAS FOR INTRACOMPANY TRANSFEREES. (a) Nonimmigrant L-1 Visa Category.-- (1) In general.--Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at the end the following: ``(F) An alien who will serve in a capacity involving specialized knowledge with respect to an employer for purposes of section 101(a)(15)(L) and will be stationed primarily at the worksite of an employer other than the petitioning employer or its affiliate, subsidiary, or parent shall not be eligible for classification under section 101(a)(15)(L) if-- ``(i) the alien will be controlled and supervised principally by such unaffiliated employer; or ``(ii) the placement of the alien at the worksite of the unaffiliated employer is part of an arrangement merely to provide labor for the unaffiliated employer rather than in connection with the provision of a product or service for which specialized knowledge specific to the petitioning employer is necessary.''. (2) Applicability.--The amendment made by paragraph (1) shall apply to petitions filed on or after the effective date of this section, whether for initial, extended, or amended classification. (b) Requirement for Prior Continuous Employment for Certain Intracompany Transferees.-- (1) In general.--Section 214(c)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)(A)) is amended by striking the last sentence (relating to reduction of the 1-year period of continuous employment abroad to 6 months). (2) Applicability.--The amendment made by paragraph (1) shall apply only to petitions for initial classification filed on or after the effective date of this section. (c) Maintenance of Statistics.-- (1) In general.--The Secretary of Homeland Security shall maintain statistics regarding petitions filed, approved, extended, and amended with respect to nonimmigrants described in section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)), including the number of such nonimmigrants who are classified on the basis of specialized knowledge and the number of nonimmigrants who are classified on the basis of specialized knowledge in order to work primarily at offsite locations. (2) Applicability.--Paragraph (1) shall apply to petitions filed on or after the effective date of this section. (d) Effective Date.--This section and the amendments made by this section shall take effect 180 days after the date of the enactment of this Act.

American Workforce Improvement and Jobs Protection Act - Amends the Immigration and Nationality Act to exempt up to 20,000 aliens holding a master's or higher degree from the numerical limitation on H-1B (temporary employment in a specialty occupation) nonimmigrants in any fiscal year. Makes permanent: (1) the attestation requirement concerning nondisplacement of U.S. workers applicable to H-1B-dependent employers and willful violators; (2) the filing fee applicable to H-1B petitioners; and (3) the Secretary of Labor's authority under the American Competitiveness and Workforce Improvement Act to investigate an employer's alleged failure to meet specified labor attestation conditions (by repealing a sunset provision in that Act). Requires the Secretary of Homeland Security to impose a fraud prevention and detection fee on H-1B or L (intracompany business personnel) petitioners for use in combating fraud and carrying out labor attestation enforcement activities. Establishes an H-1B and L Fraud Prevention and Detection Account for the deposit of such fees. Renders ineligible for L visa status those aliens who will serve in a capacity involving specialized knowledge at the worksite of an employer other than the petitioning employer or its affiliate if: (1) the alien will be controlled principally by the unaffiliated employer; or (2) the placement with the unaffiliated employer is part of an arrangement merely to provide labor rather than to use the alien's specialized knowledge. Eliminates the current reduction in the continuous employment requirement for aliens seeking L visa status pursuant to an employer's blanket petition. Requires the Secretary of Homeland Security to maintain statistics regarding L visa petitions.

To amend the Immigration and Nationality Act with respect to nonimmigrants described in subparagraphs (H)(i)(b) and (L) of section 101(a)(15) of such Act, and for other purposes.

SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE. (a) Short Title.--This Act may be cited as the ``Veterans Adjudication Procedures Act of 1993''. (b) References to Title 38, United States Code.--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 title 38, United States Code. SEC. 2. WORK RATE STANDARDS FOR ADJUDICATIVE EMPLOYEES. (a) In General.--(1) Chapter 7 is amended by adding at the end the following new section: ``Sec. 713. Work rate standards for adjudicative employees ``(a) The Secretary shall provide that under the work rate standards that apply to employees of the Department who adjudicate claims for benefits that have been submitted to the Secretary, those employees do not receive credit for work on a claim until the decision on the claim becomes final. Such a decision shall not be considered to have become final until the claimant has exhausted, or failed to timely exercise, the right to appellate review by the Board of Veterans' Appeals.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``713. Work rate standards for adjudicative employees.''. (b) Effective Date.--Section 713 of title 38, United States Code, as added by subsection (a), shall apply with respect to claims for benefits that are submitted to the Secretary of Veterans Affairs after the end of the 180-day period beginning on the date of the enactment of this Act. SEC. 3. ANNUAL REPORT ON STATUS OF CLAIMS FOR BENEFITS. (a) In General.--(1) Chapter 5 is amended by inserting after section 529 the following new section: ``Sec. 530. Annual report on status of claims for benefits ``(a) The Secretary shall submit to Congress an annual report on the status of claims for benefits before the Department during the preceding fiscal year. The report for any fiscal year shall be submitted in conjunction with the report under section 7101(d) of this title for that year. ``(b)(1) Each report under subsection (a) shall separately set forth, with regard to claims for benefits in which a decision of the agency of original jurisdiction or the Board of Veterans' Appeals became final during the preceding fiscal year, the average number of days that passed from the date on which the claim was initially received by the Department until the following dates, as applicable: ``(A) The date on which the notice of decision was provided to the claimant, for those cases in which the claimant did not file a timely notice of disagreement (along with the number of such cases). ``(B) The date on which the statement of the case was provided to the claimant, for those cases in which the claimant filed a timely notice of disagreement, and the agency of original jurisdiction did not conduct a hearing, and the claimant did not file a timely substantive appeal to the Board of Veterans' Appeals (along with the number of such cases). ``(C) The date on which the statement of the case was provided to the claimant or the date on which the notice of the decision rendered after the conduct of a hearing of the agency of original jurisdiction, whichever is later, for those cases in which the claimant filed a timely notice of disagreement, and agency of original jurisdiction conducted a hearing, and the claimant did not file a timely substantive appeal to the Board of Veterans' Appeals (along with the number of such cases). ``(D) The date on which the notice of the Board of Veterans' Appeals decision was provided to the claimant, for those cases in which the Board of Veterans' Appeals did not remand to the agency of original jurisdiction before issuing its decision and neither the agency of original jurisdiction nor the Board of Veterans' Appeals conducted a formal hearing (along with the number of such cases). ``(E) The date on which the notice of the Board of Veterans' Appeals decision was provided to the claimant, for those cases in which the agency of original jurisdiction conducted a hearing, and the Board of Veterans' Appeals issued a decision on the appeal of the claim without conducting a formal hearing and without remanding the appeal to the agency of original jurisdiction before issuing its decision (along with the number of such cases). ``(F) The date on which the notice of the Board of Veterans' Appeals decision was provided to the claimant, for those cases in which the agency of original jurisdiction conducted a hearing and the Board of Veterans' Appeals issued a decision on the appeal of the claim after conducting a formal hearing and without remanding the appeal to the agency of original jurisdiction before issuing its decision (along with the number of such cases). ``(G) The date on which the notice of the Board of Veterans' Appeals decision was provided to the claimant, for those cases in which the agency of original jurisdiction did not conduct a hearing, and the Board of Veterans' Appeals issued a decision on the appeal of the claim after conducting a formal hearing and without remanding the appeal to the agency of original jurisdiction before issuing its decision (along with the number of such cases). ``(H) The date on which the notice of the Board of Veterans' Appeals final decision was provided to the claimant, for those cases in which the Board of Veterans' Appeals did not conduct a formal hearing and remanded the case on one or more occasions to the agency of original jurisdiction before issuing its final decision (along with the number of such cases). ``(I) The date on which the notice of the Board of Veterans' Appeals final decision was provided to the claimant, for those cases in which the Board of Veterans' Appeals conducted a formal hearing and remanded the case on one or more occasions to the agency of original jurisdiction before issuing its final decision (along with the number of such cases). ``(2) Each report under subsection (a) shall also set forth the number of claims for benefits pending a final decision as of the end of the fiscal year preceding the submission of the report.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 529 the following new item: ``530. Annual report on status of claims for benefits.''. (b) Effective Date.--(1) Section 530 of title 38, United States Code, as added by subsection (a), shall apply only with respect to claims for benefits that are received by the Secretary of Veterans Affairs more than 180 days after the date of the enactment of this Act. (2) The Secretary of Veterans Affairs shall submit the first annual report under subsection (a) of such section 530, as so added, for the third fiscal year ending after the date of the enactment of this Act. SEC. 4. OFFICIALS DETERMINING ORIGINAL AND REOPENED CLAIMS FOR BENEFITS. (a) In General.--Subchapter I of chapter 51 is amended by adding at the end the following new section: ``Sec. 5109A. Officials acting on behalf of the Secretary ``(a) The functions of the Secretary under this chapter in making determinations on a claim for benefits filed under this chapter shall be carried out in each case by a single official (known as a `rating official'). A single rating official (rather than a board of officials) shall make the initial determination of the Secretary on all original and reopened claims filed with the Secretary. ``(b) Whenever a hearing is requested following a decision of a rating official denying (in whole or in part) a claim for benefits, the official who conducts the hearing shall make a determination in the case without referring the case back to the rating official who initially decided the case (or another rating official) and shall issue a decision on the case in the manner prescribed in section 5104 of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5109 the following new item: ``5109A. Officials acting on behalf of the Secretary.''. SEC. 5. BOARD OF VETERANS' APPEALS PROCEDURES. (a) Termination of Action by BVA Through Sections.--(1) Sections 7102 and 7103 are amended to read as follows: ``Sec. 7102. Decisions by the Board ``A proceeding instituted before the Board shall be assigned to an individual member of the Board (other than the Chairman). A member who is assigned a proceeding shall make a determination thereon, including any motion filed in connection therewith. The member shall make a report under section 7104(d) of this title on any such determination, which report shall constitute the member's final disposition of the proceeding. ``Sec. 7103. Reconsideration; correction of obvious errors ``(a) The decision of the member of the Board determining a matter under section 7102 of this title is final unless the Chairman orders reconsideration of the case. Such an order may be made on the Chairman's initiative or upon motion of the claimant. ``(b) If the Chairman orders reconsideration in a case, the case shall upon reconsideration be heard by a section of the Board. Any such section shall consist of not less than three members of the Board (and may include the Chairman). The member of the Board who made the decision under reconsideration may not serve as a member of the section. ``(c) When a case is heard by a section of the Board after such an order for reconsideration, the decision of a majority of the members of the section shall constitute the final decision of the Board. ``(d) The Board on its own motion may correct an obvious error in the record, without regard to whether there has been a motion or order for reconsideration.''. (2) The items relating to sections 7102 and 7103 in the table of sections at the beginning of chapter 71 are amended to read as follows: ``7102. Decisions by the Board. ``7103. Reconsideration; correction of obvious errors.''. (b) Conforming Amendments.--(1) Section 7110 is amended by striking out ``section'' both places it appears and inserting in lieu thereof ``member''. (2)(A) The heading of section 7110 is amended to read as follows: ``Sec. 7110. Traveling members''. (B) The item relating to section 7110 in the table of sections at the beginning of chapter 71 is amended to read as follows: ``7110. Traveling members.''. SEC. 6. REVISION OF DECISIONS BASED ON CLEAR AND UNMISTAKABLE ERROR. (a) Original Decisions.--(1) Chapter 51 is amended by inserting after section 5109A, as added by section 4, the following new section: ``Sec. 5109B. Revision of decisions on grounds of clear and unmistakable error ``(a) A decision by the Secretary under this chapter is subject to revision on the grounds of clear and unmistakable error. If evidence establishes the error, the prior decision shall be reversed or revised. ``(b) For the purposes of authorizing benefits, a rating or other adjudicative decision that constitutes a reversal or revision of a prior decision on the grounds of clear and unmistakable error has the same effect as if the rating or decision had been made on the date of the prior decision. ``(c) Review to determine whether clear and unmistakable error exists in a case may be instituted by the Secretary on the Secretary's own motion or upon request of the claimant. ``(d) A request for revision of a decision of the Secretary based on clear and unmistakable error may be made at any time after that decision is made. ``(e) Such a request shall be submitted to the Secretary and shall be decided in the same manner as any other claim.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5109A, as added by section 4, the following new item: ``5109B. Revision of decisions on grounds of clear and unmistakable error.''. (b) BVA Decisions.--(1) Chapter 71 is amended by adding at the end the following new section: ``Sec. 7111. Revision of decisions on grounds of clear and unmistakable error ``(a) A decision by the Board is subject to revision on the grounds of clear and unmistakable error. If evidence establishes the error, the prior decision shall be reversed or revised. ``(b) For the purposes of authorizing benefits, a rating or other adjudicative decision of the Board that constitutes a reversal or revision of a prior decision of the Board on the grounds of clear and unmistakable error has the same effect as if the rating or decision had been made on the date of the prior decision. ``(c) Review to determine whether clear and unmistakable error exists in a case may be instituted by the Board on the Board's own motion or upon request of the claimant. ``(d) A request for revision of a decision of the Board based on clear and unmistakable error may be made at any time after that decision is made. ``(e) Such a request shall be submitted directly to the Board and shall be decided by the Board on the merits, without referral to any adjudicative or hearing official acting on behalf of the Secretary. ``(f) A claim filed with the Secretary that requests reversal or revision of a previous Board decision due to clear and unmistakable error shall be considered to be a request to the Board under this section, and the Secretary shall promptly transmit any such request to the Board for its consideration under this section.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``7111. Revision of decisions on grounds of clear and unmistakable error.''. (c) Effective Date.--(1) Section 5109B and 7110 of title 38, United States Code, apply to any determination made before, on, or after the date of the enactment of this Act. (2) Notwithstanding section 402 of the Veterans Judicial Review Act (38 U.S.C. 7251 note), chapter 72 of title 38, United States Code, shall apply with respect to any decision of the Board of Veterans' Appeals on a claim alleging that a previous determination of the Board was the product of clear and unmistakable error if that claim is filed after, or was pending before the Department of Veterans Affairs, the Court of Veterans Appeals, the Court of Appeals for the Federal Circuit, or the Supreme Court on the date of the enactment of this Act.

Veterans Adjudication Procedures Act of 1993 - Directs the Secretary of Veterans Affairs to provide that under the work rate standards that apply to Department of Veterans Affairs employees who adjudicate claims for benefits that have been submitted to the Secretary, such employees shall not receive credit for work on a claim until the claim decision becomes final. Requires the Secretary to report annually to the Congress the status of claims for benefits before the Department during the preceding fiscal year, including the average length of time required for such adjudications. Requires a rating official to make the initial determination of the Secretary on all original and reopened claims filed with the Secretary. Allows a single member (currently three) of the Board of Veterans' Appeals to be assigned to and make a determination on a proceeding before such Board. Makes such decision final unless the Chairman of such Board orders reconsideration, in which case three other Board members must hear the proceeding. Subjects decisions made by the Secretary or the Board to revision or reversal on the grounds of clear and unmistakable error.

Veterans Adjudication Procedures Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeownership Opportunities for Uniformed Services and Educators Act''. SEC. 2. REDUCED DOWNPAYMENT REQUIREMENTS FOR LOANS FOR TEACHERS AND PUBLIC SAFETY OFFICERS. (a) In General.--Section 203(b) of the National Housing Act (12 U.S.C. 1709(b)) is amended by adding at the end the following new paragraph: ``(11) Reduced downpayment requirements for teachers and public safety officers.-- ``(A) In general.--Notwithstanding paragraph (2), in the case of a mortgage described in subparagraph (B)-- ``(i) the mortgage shall involve a principal obligation in an amount that does not exceed the sum of 99 percent of the appraised value of the property and the total amount of initial service charges, appraisal, inspection, and other fees (as the Secretary shall approve) paid in connection with the mortgage; ``(ii) no other provision of this subsection limiting the principal obligation of the mortgage based upon a percentage of the appraised value of the property subject to the mortgage shall apply; and ``(iii) the matter in paragraph (9) that precedes the first proviso shall not apply and the mortgage shall be executed by a mortgagor who shall have paid on account of the property at least 1 percent of the cost of acquisition (as determined by the Secretary) in cash or its equivalent. ``(B) Mortgages covered.--A mortgage described in this subparagraph is a mortgage-- ``(i) under which the mortgagor is an individual who-- ``(I) is employed on a part- or full-time basis as-- ``(aa) a teacher or administrator in a public or private school that provides elementary or secondary education, as determined under State law, except that elementary education shall include pre-Kindergarten education, and except that secondary education shall not include any education beyond grade 12; or ``(bb) a public safety officer (as such term is defined in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b), except that such term shall not include any officer serving a public agency of the Federal Government); and ``(II) has not, during the 12-month period ending upon the insurance of the mortgage, had any present ownership interest in a principal residence located in the jurisdiction described in clause (ii); and ``(ii) made for a property that is located within the jurisdiction of-- ``(I) in the case of a mortgage of a mortgagor described in clause (i)(I)(aa), the local educational agency (as such term is defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)) for the school in which the mortgagor is employed (or, in the case of a mortgagor employed in a private school, the local educational agency having jurisdiction for the area in which the private school is located); or ``(II) in the case of a mortgage of a mortgagor described in clause (i)(I)(bb), the jurisdiction served by the public law enforcement agency, firefighting agency, or rescue or ambulance agency that employs the mortgagor.''. (b) Deferral and Reduction of Up-Front Premium.--Section 203(c) of the National Housing Act (12 U.S.C. 1709(c)) is amended-- (1) in paragraph (2), in the matter preceding subparagraph (A), by striking ``Notwithstanding'' and inserting ``Except as provided in paragraph (3) and notwithstanding''; and (2) by adding at the end the following new paragraph: ``(3) Deferral and reduction of up-front premium.--In the case of any mortgage described in subsection (b)(11)(B)-- ``(A) paragraph (2)(A) of this subsection (relating to collection of up-front premium payments) shall not apply; and ``(B) if, at any time during the 5-year period beginning on the date of the insurance of the mortgage, the mortgagor ceases to be employed as described in subsection (b)(11)(B)(i)(I) or pays the principal obligation of the mortgage in full, the Secretary shall, at such time, collect a single premium payment in an amount equal to the amount of the single premium payment that, but for this paragraph, would have been required under paragraph (2)(A) of this subsection with respect to the mortgage, as reduced by 20 percent of such amount for each successive 12-month period completed during such 5-year period before such cessation or prepayment occurs.''.

Homeownership Opportunities for Uniformed Services and Educators Act - Amends the National Housing Act to provide for one percent downpayments for Federal Housing Administration mortgage loans for qualified elementary and secondary school teachers and administrators and non-Federal public safety officers to purchase homes within the jurisdictions of their employing agencies.

A bill to amend section 203 of the National Housing Act to provide for 1 percent downpayments for FHA mortgage loans for teachers and public safety officers to buy homes within the jurisdictions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Fuels Marketing Act of 2010''. SEC. 2. FUEL COMPATIBILITY WITH INFRASTRUCTURE. (a) Compatibility.--Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) is amended as follows: (1) By redesignating section 9014 as section 9015. (2) By inserting after section 9013 the following new section: ``SEC. 9014. COMPATIBILITY. ``(a) Compatibility With Renewable Fuels.-- ``(1) Guidelines.--Not later than 1 year after the date of enactment of the Renewable Fuels Marketing Act of 2010, the Administrator shall issue guidelines for determining whether underground storage tanks and associated dispensing equipment are compatible with any fuel or fuel additive that is authorized by the Administrator or by statute for use in a motor vehicle, nonroad vehicle, or engine. ``(2) Application.--Guidelines issued under this subsection shall apply with respect to existing underground storage tanks and associated dispensing equipment and with respect to new underground storage tanks and associated dispensing equipment. ``(3) Previously listed as compatible.--Underground storage tanks and associated dispensing equipment that, as of the date of enactment of this section, have been listed by a nationally recognized testing laboratory as compatible with a fuel or fuel additive described in paragraph (1) shall be deemed compatible under the guidelines issued under this subsection. ``(b) Liability.--No person shall be liable under any provision of this Act or any other provision of Federal or State law on the basis that an underground storage tank or associated dispensing equipment that stores or dispenses any fuel or fuel additive described in subsection (a)(1) is not compatible with such fuel or fuel additive if such tank or equipment has been determined to be compatible with such fuel or fuel additive pursuant to the guidelines issued under such subsection. ``(c) Financial Assurance.--A provider of financial assurance may not deny payment for a claim on the basis that an underground storage tank or associated dispensing equipment is not compatible with any fuel or fuel additive described in subsection (a)(1) if such tank or equipment is determined to be compatible with such fuel or fuel additive pursuant to the guidelines issued under such subsection. ``(d) Definitions.--In this section: ``(1) Associated dispensing equipment.--The term `associated dispensing equipment' means equipment that is-- ``(A) for the dispensing or storage at retail of any fuel or fuel additive described in subsection (a)(1); and ``(B) subject to regulation under section 1926.152 of title 29, Code of Federal Regulations, as in effect on the date of enactment of the Renewable Fuels Marketing Act of 2010. ``(2) Compatible.--The term `compatible' has the meaning given such term in section 280.12 of title 40, Code of Federal Regulations, as in effect on the date of enactment of the Renewable Fuels Marketing Act of 2010. ``(3) Provider of financial assurance.--The term `provider of financial assurance' has the meaning given such term in section 280.92 of title 40, Code of Federal Regulations, as in effect on the date of enactment of the Renewable Fuels Marketing Act of 2010.''. (b) Table of Contents.--The table of contents in section 1001 of the Solid Waste Disposal Act (42 U.S.C. 6901) is amended by striking the item related to section 9014 and inserting the following: ``9014. Compatibility. ``9015. Authorization of appropriations.''. SEC. 3. MISFUELING. (a) Misfueling.--Section 211(g) of the Clean Air Act (42 U.S.C. 7545(g)) is amended by adding at the end the following new paragraph: ``(3)(A) Not later than one year after the date of enactment of the Renewable Fuels Marketing Act of 2010, the Administrator shall promulgate regulations that set forth requirements for the labeling of associated dispensing equipment as the Administrator determines necessary to prevent the introduction of any transportation fuel described in subparagraph (C) into a motor vehicle, nonroad vehicle, or engine that is not compatible with such transportation fuel. ``(B) A person selling a transportation fuel described in subparagraph (C) who complies with the regulations under subparagraph (A) shall not be liable, under any provision of this Act or any other provision of Federal or State law, for-- ``(i) a self-service purchaser's introduction of such a transportation fuel into a motor vehicle, nonroad vehicle, or engine that is not compatible with such transportation fuel; or ``(ii) the voiding of the manufacturer's warranty of such a vehicle or engine from such introduction of such a transportation fuel. ``(C) A transportation fuel described in this subparagraph is a fuel that contains a fuel or fuel additive that is authorized, after January 1, 2010, by the Administrator or by statute, for use in a motor vehicle, nonroad vehicle, or engine. ``(D) In this paragraph the term `associated dispensing equipment' has the meaning given such term in section 9014(d) of the Solid Waste Disposal Act.''. (b) Penalties.--Section 211(d) of the Clean Air Act (42 U.S.C. 7545(d)) is amended-- (1) in paragraph (1), by inserting ``(g),'' after ``or the regulations prescribed under subsection (c),''; and (2) in paragraph (2), by inserting ``(g),'' after ``of the regulations prescribed under subsections (c),''.

Renewable Fuels Marketing Act of 2010 - Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency (EPA) to issue guidelines for determining whether underground storage tanks and associated dispensing equipment are compatible with any fuel or fuel additive that is authorized by the Administrator or by statute for use in a motor vehicle, nonroad vehicle, or engine. Deems tanks and equipment that have been listed by a nationally recognized testing laboratory as compatible with such a fuel or fuel additive as of the date of enactment of this Act to be compatible under the guidelines. Declares that no person shall be liable under any federal or state law, and no provider of financial assurance may deny payment for a claim, on the basis that a tank (or associated dispensing equipment) is not compatible with such fuel or fuel additive if such tank or equipment has been determined to be compatible pursuant to the guidelines issued under this Act. Amends the Clean Air Act to direct the Administrator to promulgate regulations that establish requirements for the labeling of associated dispensing equipment to prevent the introduction into a motor vehicle, nonroad vehicle, or engine of transportation fuel that contains a fuel or fuel additive that is authorized, after January 1, 2010, by the Administrator or by statute for use in motor vehicles, nonroad vehicles, or engines but that is not compatible with such vehicle or engine. Shields a person selling such fuel who complies with such regulations from liability for: (1) a self-service purchaser's introduction of such a fuel into a vehicle or engine that is not compatible with such fuel; or (2) the voiding of the manufacturer's warranty of such vehicle or engine from introduction of such fuel. Sets penalties for violation of such regulations.

To facilitate the implementation of the Renewable Fuel Standard, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizen Legislature Anti-Corruption Reform Act'' or the ``CLEAN Act''. SEC. 2. TERMINATION OF FURTHER RETIREMENT BENEFITS FOR MEMBERS OF CONGRESS. (a) Amendments Relating to the Civil Service Retirement System.-- (1) In general.--Subchapter III of chapter 83 of title 5, United States Code, is amended by inserting after section 8335 the following: ``Sec. 8335a. Termination of further retirement coverage of Members of Congress ``(a) In General.--Notwithstanding any other provision of this subchapter and subject to subsection (f), effective on the date that is 90 days after the date of enactment of this section-- ``(1) a Member shall not be subject to this subchapter for any further period of time; and ``(2) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this subchapter with respect to any Member covering any period prior to the date of enactment of this section. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.--Any regulations necessary to carry out this section may-- ``(1) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and ``(2) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). ``(e) Exclusion.--For purposes of this section, the term `Member' does not include the Vice President.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following: ``8335a. Termination of further retirement coverage of Members of Congress.''. (b) Amendments Relating to the Federal Employees Retirement System.-- (1) In general.--Subchapter II of chapter 84 of title 5, United States Code, is amended by inserting after section 8425 the following: ``Sec. 8425a. Termination of further retirement coverage of Members of Congress ``(a) In General.--Notwithstanding any other provision of this chapter, effective on the date that is 90 days after the date of enactment of this section-- ``(1) subject to subsection (f), in the case of an individual who first becomes a Member before such date of enactment-- ``(A) such Member shall not be subject to this chapter for any further period of time after such date of enactment; and ``(B) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund; and ``(2) in the case of an individual who first becomes a Member on or after such date of enactment-- ``(A) such Member shall not be subject to this chapter; and ``(B) no Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this chapter with respect to any Member covering any period prior to the date of enactment of this section. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.-- ``(1) In general.--Any regulations necessary to carry out this section may-- ``(A) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and ``(B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). ``(2) Refunds.--Notwithstanding subsection (b), the regulations under paragraph (1)(A) shall, in the case of a Member who has not completed at least 5 years of civilian service as of the date of enactment of this section, provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1) through (4) of section 8424(a) as of such date of enactment. ``(e) Exclusions.--For purposes of this section, the term `Member' does not include the Vice President.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8425 the following: ``8425a. Termination of further retirement coverage of Members of Congress.''. SEC. 3. PROHIBITING MULTIPLE SUBJECTS IN SINGLE BILL. (a) In General.--Each bill, order, resolution, or vote submitted by Congress to the President under section 7 of article I of the Constitution of the United States shall embrace no more than one subject, and that subject shall be clearly and descriptively expressed in the title of the bill, order, resolution or vote. (b) Effective Date.--Subsection (a) shall apply with respect to the One Hundred Fifteenth Congress and each succeeding Congress. SEC. 4. REQUIRING EQUAL APPLICATION OF LAWS TO MEMBERS OF CONGRESS. (a) In General.--Notwithstanding any other provision of law, any provision of law that provides an exception in its application to a Member of Congress or an employee of the office of a Member of Congress shall have no effect. (b) Clarification Relating to Exercise of Official or Representational Duties.--Subsection (a) shall not be construed to apply to provisions of law or rules which permit Members of Congress or employees of offices of Members of Congress to carry out official duties that are tied directly to lawmaking, including provisions or rules permitting Members and employees to enter and use the United States Capitol, the United States Capitol grounds, and other buildings and facilities. (c) Definition.--In this section, the term ``Member of Congress'' means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress. SEC. 5. REQUIRING USE OF INDEPENDENT NONPARTISAN COMMISSIONS TO CARRY OUT REDISTRICTING. (a) Requirement.-- (1) Congressional redistricting.--Each State shall conduct Congressional redistricting (beginning with the redistricting carried out pursuant to the decennial census conducted during 2020) in accordance with a redistricting plan developed by a nonpartisan independent redistricting commission. (2) Redistricting for state legislative districts.-- Notwithstanding any other provision of law, a State may not use any funds provided by the Federal Government directly for election administration purposes unless the State certifies to the Election Assistance Commission that the State conducts redistricting for State legislative districts in the State (beginning with the first such redistricting carried out after the date of the enactment of this Act) in accordance with a redistricting plan developed by a nonpartisan independent redistricting commission. (b) Nonpartisan Independent Status.--For purposes of this section, a commission shall be considered to be a nonpartisan independent commission if-- (1) the number of its members who are affiliated with the political party with the largest percentage of the registered voters in the State who are affiliated with a political party (as determined with respect to the most recent Statewide election for Federal office held in the State for which such information is available) is equal to the number of its members who are affiliated with the political party with the second largest percentage of the registered voters in the State who are affiliated with a political party (as so determined); and (2) none of its members is an elected public official. (c) State Defined.--In this section, the term ``State'' means each of the several States. SEC. 6. REQUIRING OPEN PRIMARIES. (a) In General.-- (1) Elections for federal office.--Each State shall hold open primaries for elections for Federal office held in the State. (2) Elections for state and local office.--Notwithstanding any other provision of law, a State may not use any funds provided by the Federal Government directly for election administration purposes unless the State certifies to the Election Assistance Commission that the State holds open primaries for elections for State and local office. (b) Open Primaries Described.--For purposes of this section, a State holds open primaries for an election for an office if any individual who is registered to vote in a general election for such office in the State may cast a ballot in any primary election (including a primary election held for the selection of delegates to a national nominating convention of a political party and a primary election held for the expression of a preference for the nomination of individuals for election to the office of President) held by any political party to nominate candidates for election for that office, including a convention or caucus of a political party which has authority to nominate a candidate. (c) State Defined.--In this section, the term ``State'' has the meaning given such term in section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141). (d) Effective Date.--Subsection (a) shall apply with respect to elections held after the date of the enactment of this Act.

Citizen Legislature Anti-Corruption Reform Act or the CLEAN Act This bill amends the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to exclude Members of Congress, except the Vice President, from further CSRS and FERS retirement coverage. The bill prohibits further government contributions or deductions from such Member's basic pay for deposit in the Treasury to the credit of the Civil Service Retirement and Disability Fund. Nothing in this bill shall: (1) be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under CSRS or FERS for any Member covering any period before enactment of this bill; or (2) affect the eligibility of a Member to participate in the Thrift Savings Plan (TSP) in accordance with otherwise applicable law. The bill requires that each bill, order, resolution, or vote submitted by Congress to the President be limited to one subject which shall be clearly expressed in the measure's or vote's title. Any provision of law that provides an exception in its application to a Member of Congress or an employee of such Member shall have no effect. Each state must conduct congressional redistricting, beginning with the decennial census conducted during 2020, using a redistricting plan developed by a nonpartisan independent redistricting commission (NIRC). After such redistricting, no state may use federal funds directly for election administration purposes unless it certifies to the Election Assistance Commission (EAC) that it conducts redistricting for its legislative districts using an NIRC redistricting plan. Each state must hold open primaries for elections for federal office. A state may not use any federal funds provided directly for election administration purposes unless it certifies to the EAC that it holds open primaries for elections for state and local office.

Citizen Legislature Anti-Corruption Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Schools Improvement Act of 2010''. SEC. 2. BULLYING AND HARASSMENT PREVENTION POLICIES, PROGRAMS, AND STATISTICS. (a) State Reporting Requirements.--Section 4112(c)(3)(B)(iv) of the Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7112(c)(3)(B)(iv)) is amended by inserting ``, including bullying and harassment,'' after ``violence''. (b) State Application.--Section 4113(a) of such Act (20 U.S.C. 7113(a)) is amended-- (1) in paragraph (9)-- (A) in subparagraph (C), by striking ``and'' at the end; (B) by redesignating subparagraph (D) as subparagraph (F); and (C) by inserting after subparagraph (C) (as amended by subparagraph (A)) the following: ``(D) the incidence and prevalence of reported incidents of bullying and harassment; ``(E) the perception of students regarding their school environment, including with respect to the prevalence and seriousness of incidents of bullying and harassment and the responsiveness of the school to those incidents; and''; (2) in paragraph (18), by striking ``and'' at the end; (3) by redesignating paragraph (19) as paragraph (20); and (4) by inserting after paragraph (18) (as amended by paragraph (2)) the following: ``(19) provides an assurance that the State educational agency will provide assistance to school districts and schools in their efforts to prevent and appropriately respond to incidents of bullying and harassment and describes how the State educational agency will meet the requirements of this paragraph; and''. (c) Local Educational Agency Program Application.--Section 4114(d) of such Act (20 U.S.C. 7114(d)) is amended-- (1) in paragraph (2)(B)(i)-- (A) in subclause (I), by striking ``and'' at the end; and (B) by adding at the end the following: ``(III) performance indicators for bullying and harassment prevention programs and activities; and''; and (2) in paragraph (7)-- (A) in subparagraph (A), by inserting ``, including bullying and harassment'' after ``disorderly conduct''; (B) in subparagraph (D), by striking ``and'' at the end; and (C) by adding at the end the following: ``(F) annual notice to parents and students describing the full range of prohibited conduct contained in the discipline policies described in subparagraph (A); and ``(G) grievance procedures for students or parents that seek to register complaints regarding the prohibited conduct contained in the discipline policies described in subparagraph (A), including-- ``(i) the name of the school district officials who are designated as responsible for receiving such complaints; and ``(ii) timelines that the school district will follow in the resolution of such complaints;''. (d) Authorized Activities.--Section 4115(b)(2) of such Act (20 U.S.C. 7115(b)(2)) is amended-- (1) in subparagraph (A)-- (A) in clause (vi), by striking ``and'' at the end; (B) in clause (vii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(viii) teach students about the consequences of bullying and harassment.''; and (2) in subparagraph (E), by adding at the end the following: ``(xxiii) Programs that address the causes of bullying and harassment and that train teachers, administrators, specialized instructional support personnel, and other school personnel regarding strategies to prevent bullying and harassment and to effectively intervene when incidents of bullying and harassment occur.''. (e) Reporting.--Section 4116(a)(2)(B) of such Act (20 U.S.C. 7116(a)(2)(B)) is amended by inserting ``, including bullying and harassment,'' after ``drug use and violence''. (f) Impact Evaluation.--Section 4122 of such Act (20 U.S.C. 7132) is amended-- (1) in subsection (a)(2), by striking ``and school violence'' and inserting ``school violence, including bullying and harassment,''; and (2) in the first sentence of subsection (b), by inserting ``, including bullying and harassment,'' after ``drug use and violence''. (g) Definitions.-- (1) Drug and violence prevention.--Paragraph (3)(B) of section 4151 of such Act (20 U.S.C. 7161) is amended by inserting ``, bullying, and other harassment'' after ``sexual harassment and abuse''. (2) Protective factor, buffer, or asset.--Paragraph (6) of such section is amended by inserting ``, including bullying and harassment'' after ``violent behavior''. (3) Risk factor.--Paragraph (7) of such section is amended by inserting ``, including bullying and harassment'' after ``violent behavior''. (4) Bullying and harassment.--Such section is further amended-- (A) by redesignating paragraphs (4) through (11) (as amended by paragraphs (2) and (3)), as paragraphs (6) through (13), respectively; (B) by redesignating paragraphs (1) through (3) (as amended by paragraph (1)), as paragraphs (2) through (4), respectively; (C) by inserting before paragraph (2) (as redesignated by subparagraph (B)) the following: ``(1) Bullying.--The term `bullying'-- ``(A) means conduct that adversely affects the ability of one or more students to participate in or benefit from the school's educational programs or activities by placing the student (or students) in reasonable fear of physical harm; and ``(B) includes conduct that is based on-- ``(i) a student's actual or perceived-- ``(I) race; ``(II) color; ``(III) national origin; ``(IV) sex; ``(V) disability; ``(VI) sexual orientation; ``(VII) gender identity; or ``(VIII) religion; ``(ii) any other distinguishing characteristics that may be defined by a State or local educational agency; or ``(iii) association with a person or group with one or more of the actual or perceived characteristics listed in clause (i) or (ii).''; and (D) by inserting after paragraph (4) (as redesignated by subparagraph (B)) the following: ``(5) Harassment.--The term `harassment'-- ``(A) means conduct that adversely affects the ability of one or more students to participate in or benefit from the school's educational programs or activities because the conduct, as reasonably perceived by the student (or students), is so severe, persistent, or pervasive; and ``(B) includes conduct that is based on-- ``(i) a student's actual or perceived-- ``(I) race; ``(II) color; ``(III) national origin; ``(IV) sex; ``(V) disability; ``(VI) sexual orientation; ``(VII) gender identity; or ``(VIII) religion; ``(ii) any other distinguishing characteristics that may be defined by a State or local educational agency; or ``(iii) association with a person or group with one or more of the actual or perceived characteristics listed in clause (i) or (ii).''. (h) Effect on Other Laws.-- (1) Amendment.--The Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7101 et seq.) is amended by adding at the end the following: ``SEC. 4156. EFFECT ON OTHER LAWS. ``(a) Federal and State Nondiscrimination Laws.--Nothing in this part shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available to victims of discrimination under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). The obligations imposed by this part are in addition to those imposed by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ``(b) Free Speech and Expression Laws.--Nothing in this part shall be construed to alter legal standards regarding, or affect the rights (including remedies and procedures) available to individuals under, other Federal laws that establish protections for freedom of speech or expression.''. (2) Clerical amendment.--The table of contents of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by adding after the item relating to section 4155 the following: ``Sec. 4156. Effect on other laws.''.

Safe Schools Improvement Act of 2010 - Amends the Safe and Drug-Free Schools and Communities Act to require: (1) states to use grants for safe and drug-free schools to collect and report information on the incidence of bullying and harassment; and (2) local educational agencies (LEAs) and schools to use subgrants to prevent and respond to incidents of bullying and harassment. Requires such LEAs or schools to: (1) notify parents and students annually of conduct prohibited in their school discipline policies, that now must include bullying and harassment; and (2) establish grievance procedures for students and parents to register complaints regarding such conduct.

A bill to amend the Safe and Drug-Free Schools and Communities Act to include bullying and harassment prevention programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Safety and Child Protection Act of 2005''. SEC. 2. PURPOSE. The purpose of this Act is to-- (1) set tighter age verification standards to block minors from entering Internet pornography sites; and (2) provide funding and support to law enforcement efforts to combat Internet and pornography-related crimes against children. TITLE I--CHILD PROTECTION EFFORTS SEC. 101. AGE VERIFICATION REQUIREMENT. (a) In General.--An operator of a regulated pornographic Web site shall verify that any user attempting to access their site is 18 years of age or older using software certified for that purpose by the Commission. (b) Requirement.--The age verification required by this section shall take place prior to the display of any pornographic material, including free content that may be available prior to the purchase of a subscription or product. SEC. 102. CREDIT CARD REQUIREMENT. A bank, credit card company, third-party merchant, Internet payment service provider, or business that performs financial transactions for a regulated pornographic Web site shall only process age-verified Internet pornography credit card transactions for sales carried out in accordance with this title. SEC. 103. COMMISSION REQUIREMENT. The Commission shall-- (1) require each regulated pornographic Web site to-- (A) use appropriate age-screening software to carry out this title; and (B) use that software correctly and consistently through such means as conducting periodic tests trying to access the Web site without appropriate age verifications; and (2) in coordination with the Department of Justice and other Federal agencies, maintain a list of regulated pornographic Web sites that are not in compliance with section 101. SEC. 104. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Unfair or Deceptive Acts or Practices.--A violation of section 101 shall be treated as a violation of section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. (b) Powers of Commission.--The Commission shall issue and enforce the regulations for the enforcement of section 101 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this title. Any person who violates such regulations shall be subject to the penalties provided in that title. SEC. 105. DEFINITIONS. In this title: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Regulated pornographic web site.--The term ``regulated pornographic Web site'' means a person required to maintain documents verifying the age of persons engaged in sexually explicit conduct pursuant to section 2257(a) of title 18, United States Code. TITLE II--FUNDING FOR CHILD PROTECTION Subtitle A--Excise Tax SEC. 201. EXCISE TAX ON INTERNET DISPLAY OR DISTRIBUTION OF PORNOGRAPHY. (a) In General.--Chapter 33 of the Internal Revenue Code of 1986 (relating to facilities and services) is amended by inserting after subchapter C the following new subchapter: ``Subchapter D--Internet Display or Distribution of Pornography ``Sec. 4285. Internet display or distribution of pornography. ``SEC. 4285. INTERNET DISPLAY OR DISTRIBUTION OF PORNOGRAPHY. ``(a) Imposition of Tax.--There is imposed on amounts charged by a regulated pornographic Web site for individuals to receive the display or distribution of pornography through the Internet a tax equal to 25 percent of the amounts so charged. ``(b) Payment of Tax.--The tax imposed by this section shall be paid by the operator of the regulated pornographic Web site receiving payment for the display or distribution taxed under subsection (a). ``(c) Definitions.--In this section: ``(1) Pornography.--The term `pornography' has the same meaning as defined in section 2256(2) of title 18, United States Code. ``(2) Regulated pornographic web site.--The term `regulated pornographic Web site' has the same meaning as defined in section 105 of the Internet Safety and Child Protection Act of 2005.''. (b) Conforming Amendment.--The table of subchapters for chapter 33 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``subchapter d--internet display or distribution of pornography''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2006. Subtitle B--Child Protection Programs SEC. 211. TRUST FUND. (a) In General.--There is established in the Treasury the Internet Safety and Child Protection Trust Fund (referred to in this subtitle as the ``trust fund'') into which shall be deposited all taxes collected under section 4285 of the Internal Revenue Code of 1986. (b) Availability of Amounts.--Amounts deposited into the trust fund shall be available to carry out the programs provided in section 212, subject to annual appropriations. SEC. 212. FUNDING FOR CHILD INTERNET SAFETY AND PROTECTION PROGRAMS. (a) Priorities.--Amounts available in the trust fund shall be allocated on a priority basis as follows: (1) Enforcement of this act.--The first priority for the use of amounts in the trust fund shall be to provide funding for the appropriate Federal agencies to carry out the enforcement of sections 103, 104, and 201 of this Act. Funding may also be used to promote the development of technology that would facilitate the enforcement of this Act. (2) Department of justice cyber tip-line.--The second priority for the use of amounts in the trust fund shall be to provide funds to the Office of Juvenile Justice and Delinquency Prevention to ensure that the congressionally-mandated cyber tip line is fully operational and staffed 24 hours a day. (3) Internet crimes against children task force.--The third priority for the use of amounts in the trust fund shall be to provide funds to States to support 1 Internet Crimes Against Children Task Force center per 5,000,000 State residents, with each State receiving sufficient funding to support at least 1 center and no State receiving funding for more than 7 centers. (4) Research and development grants.-- (A) In general.--The fourth priority for the use of amounts in the trust fund is to establish a competitive grant process for companies and other organizations who work in the technology field to support the research and development into new filtering technologies that will help parents control children's access to inappropriate content via wireless and other emerging technologies. (B) Set aside.--The Attorney General shall allocate up to 10 percent of annual trust fund revenues to award a minimum of 15 research and development grants under this paragraph. (5) Educational training.-- (A) In general.--The fifth priority for the use of amounts in the trust fund shall be to provide relevant State agencies with funds to support educational training contributing to greater child Internet safety and reductions in sex trafficking and sex crimes against children. (B) Conditions.--The program authorized by this paragraph shall be carried out subject to the following conditions: (i) States shall receive funding amounting to $1 for every resident, with a minimum of $1,000,000 for each State. (ii) 25 percent of each State's funding shall go to the State education agency to support State and local programs providing child Internet safety training to teachers. (iii) 30 percent of each State's funding shall go to the State Attorneys' General office to support child Internet safety training for law enforcement, as well as training that enhances the capacity of law enforcement to combat sex trafficking and sex crimes against children. (iv) 10 percent of each State's funding shall be allocated to the Governor's office to develop and implement a coordinated State child internet safety strategy. (v) 35 percent of the State funding shall go to the relevant State agency to support Public Service Announcements promoting child Internet safety. (6) Remaining amounts.--After fully funding the priorities established in paragraphs (1) through (5) for a fiscal year any remaining amounts shall be allocated as follows: (A) Federal agency support.--50 percent of remaining amounts shall be used to provide funding to support child Internet safety activities, as well as activities combating sex trafficking and sex crimes against children, on the part of the following Federal Agencies: (i) Department of Justice. (ii) Department of Commerce. (iii) Department of Defense. (iv) Department of Education. (v) Department of Health and Human Services. (vi) Department of State. (vii) Department of Homeland Security. (viii) Department of the Treasury. (ix) Department of Agriculture. (x) United States Postal Service. (xi) Federal Trade Commission. (xii) Federal Communications Commission. (xiii) National Aeronautics and Space Administration. (B) Private entities.-- (i) In general.--50 percent of remaining amounts shall be allocated through a competitive grant process to international and domestic nongovernmental organizations and not- for profits, to support work promoting child Internet safety and combating sex trafficking and sex crimes against children. (ii) Details.--The Attorney General shall-- (I) publish guidance in the Federal Register describing the variety and scope of organizational work to be funded under this subparagraph in a fiscal year and soliciting grant proposals under this subparagraph; and (II) allocate funds on the basis of a competitive grant process. (iii) Funding limit.--For every $1 allocated for international work under this subparagraph, the Attorney General shall allocate $2.5 dollars for domestic work. (b) Grant Programs.-- (1) In general.--The Attorney General shall carry out this section. (2) Terms and conditions.--The Attorney General shall prescribe the terms and conditions for grant applications and awards under this section. SEC. 213. DEFICIT REDUCTION. Amounts remaining in the trust fund after the programs authorized in section 212 are funded shall be returned to the Treasury and applied to deficit reduction.

Internet Safety and Child Protection Act of 2005 - Requires: (1) an operator of a regulated pornographic website to verify (using Federal Trade Commission (FTC)-certified software) that any user attempting to access its site is age 18 or older; (2) a bank, credit card company, third-party merchant, Internet payment service provider, or business that performs financial transactions for such a website to only process age-verified Internet pornography credit card transactions; (3) the FTC to require use of appropriate age-screening software and maintain a list of websites that do not comply; and (4) violations of the age verification requirement to be treated as a Federal Trade Commission Act violation. Amends the Internal Revenue Code to impose upon the operator of a regulated pornographic website for any Internet pornography display or distribution a tax equal to 25 percent of the amounts charged. Establishes in the Treasury the Internet Safety and Child Protection Trust Fund into which such taxes shall be deposited. Requires Fund amounts to be allocated (in order of priority) for: (1) federal agencies to enforce this Act; (2) the Office of Juvenile Justice and Delinquency Prevention to ensure that the cyber tip line is fully operational and staffed 24 hours a day; (3) states to support Internet Crimes Against Children Task Forces; (4) companies to support research and development into new filtering technologies; (5) state agencies to support educational training; and (6) specified federal agencies, nongovernmental organizations, and nonprofits to support child Internet safety activities, including combating sex trafficking and sex crimes against children.

To protect children from Internet pornography and support law enforcement and other efforts to combat Internet and pornography-related crimes against children.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Up Infrastructure and Limiting Disasters through Resilience Act of 2017'' or the ``BUILD Resilience Act of 2017''. SEC. 2. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a State; (B) a unit of general local government; (C) an Indian tribe; or (D) a regional entity comprised of entities described in subparagraph (A), (B), or (C). (2) National center.--The term ``National Center'' means the National Research Center for Resilience established under section 4. (3) Resilience.--The term ``resilience'' means the ability to prepare and plan for, absorb, recover from, and more successfully adapt to disasters, chronic stresses, and acute shocks, including any hurricane, tornado, storm, high water, recurrent flooding, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, fire, landslide, mudslide, snowstorm, or drought. (4) Resilience grant.--The term ``resilience grant'' means a grant awarded under section 3. (5) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (6) State; unit of general local government; indian tribe.--The terms ``State'', ``unit of general local government'', and ``Indian tribe'' have the meanings given such terms in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302). SEC. 3. COMMUNITY RESILIENCE GRANT PROGRAM. (a) Authority.--The Secretary of Housing and Urban Development shall carry out a Community Resilience Grant Program under this section to provide assistance to communities for increasing resilience to chronic stresses and acute shocks, including improving long-term resilience of infrastructure and housing. (b) Grantees.--Grant amounts shall be awarded on a competitive basis, as provided under section 102 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545), only to eligible entities, within whose boundaries or jurisdictions are located any area for which a major disaster was declared pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), during the 5-year period ending upon the date on which the eligible entity submits an application for such a grant. (c) Eligible Activities.-- (1) In general.--Amounts from a resilience grant may be used only for activities authorized under either section 105 or 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5305, 5308), but not including activities under paragraphs (9) and (10) of such section 105(a). (2) Consultation.--The Secretary shall consult with the Administrator of the Federal Emergency Management Agency, the Chief of Engineers and Commanding General of the United States Army Corps of Engineers, the Administrator of the Environmental Protection Agency, and the Secretary of Transportation before awarding a resilience grant to ensure that there is no duplication of assistance with respect to activities carried out with amounts provided from a resilience grant. (d) Matching Requirement.-- (1) In general.--The Secretary shall require each recipient of a resilience grant to supplement the amounts of the grant with an amount of funds from non-Federal sources that is not less than 50 percent of the amount of the resilience grant. (2) Form of non-federal share.--Supplemental funds provided under paragraph (1) may include any non-monetary, in-kind contributions in connection with activities carried out under the plan approved under subsection (e) for the grant recipient. (e) Application; Selection; Selection Criteria; Plans.-- (1) Applications.-- (A) Requirement.--The Secretary shall provide for eligible entities to submit applications for resilience grants. (B) Plans for use of grant funds.--The Secretary shall require each application for a resilience grant to include a plan detailing the proposed use of all grant funds, including how the use of such funds will address long-term resilience of infrastructure and housing. (2) Review and selection; criteria for selection.-- (A) Competition.--Resilience grants shall be awarded on a competitive basis and the Secretary shall establish and utilize a transparent, reliable, and valid system for reviewing and evaluating applications for resilience grants, in accordance with section 102 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545). (B) Criteria.--The Secretary shall establish, by notice, and utilize criteria for selecting applications to be funded under this section, which shall-- (i) be based primarily on a determination of greatest need, as such term is defined by the Secretary; (ii) provide due consideration to other enumerated factors, including the ability of the plan for use of grant funds required under paragraph (1)(B) to increase an applicant's resilience, and the capacity of the applicant to successfully implement the activities described in such plan; (iii) provide that the Secretary shall consider that an application that includes a plan for use of grant funds that consists of a resilience or mitigation plan previously approved by another Federal agency, including a hazard mitigation plan developed under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165), shall be sufficient for purposes of paragraph (1)(B) if, together with such plan, the applicant includes a detailed description regarding use of all grant funds provided under this section; (iv) give consideration to the need for resilience grants to be awarded to eligible entities in each region of the United States; and (v) give consideration to applicants whose plans submitted under paragraph (1)(B) propose innovative approaches to increasing community resilience to extreme weather, including increasing long-term resilience of infrastructure and housing and economic resilience. (f) Administration; Treatment as CDBG Funds.--Except as otherwise provided by this Act, amounts appropriated, revenues generated, or amounts otherwise made available to eligible entities under this section shall be treated as though such funds were community development block grant funds under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.). (g) Environmental Reviews.-- (1) Assumption of responsibilities.-- (A) In general.--In order to ensure that the policies of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and other provisions of law which further the purposes of such Act (as specified in regulations issued by the Secretary) are most effectively implemented in connection with the expenditure of funds under this section, and to assure to the public undiminished protection of the environment, the Secretary, in lieu of the environmental protection procedures otherwise applicable, may under regulations provide for the release of funds for particular projects to recipients of resilience grants who assume all of the responsibilities for environmental review, decisionmaking, and action pursuant to such Act, and such other provisions of law as the regulations of the Secretary specify, that would apply to the Secretary were the Secretary to undertake such projects as Federal projects. (B) Consultation.--The Secretary shall issue regulations to carry out this paragraph only after consultation with the Council on Environmental Quality. (2) Submission of certification.-- (A) In general.--The Secretary shall approve the release of funds for projects subject to the procedures authorized by this subsection only if, at least 15 days prior to such approval and prior to any commitment of funds to such projects other than for purposes authorized by section 105(a)(12) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(12)), or for environmental studies, the recipient of a resilience grant has submitted to the Secretary a request for such release accompanied by a certification which meets the requirements of paragraph (3). (B) Satisfaction of environmental laws.--The Secretary's approval of any such certification shall be deemed to satisfy the Secretary's responsibilities under the National Environmental Policy Act of 1969 and such other provisions of law as the regulations of the Secretary specify insofar as those responsibilities relate to the releases of funds for projects to be carried out pursuant thereto which are covered by such certification. (3) Requirements of certification.--A certification under the procedures authorized by this subsection shall-- (A) be in a form acceptable to the Secretary; (B) be executed by the chief executive officer or other officer of the recipient of a resilience grant who is qualified under regulations of the Secretary; (C) specify that the recipient of the resilience grant has fully carried out its responsibilities as described under paragraph (1) of this subsection; and (D) specify that the certifying officer-- (i) consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 and each provision of law specified in regulations issued by the Secretary insofar as the provisions of such Act or other such provision of law apply pursuant to paragraph (1) of this subsection; and (ii) is authorized and consents on behalf of the recipient of the resilience grant and the certifying office to accept the jurisdiction of the Federal courts for the purpose of enforcement of his responsibilities as such an official. (4) Grants to states.--In the case of a resilience grant made to a State-- (A) the State shall perform those actions of the Secretary described in paragraph (2); and (B) the performance of such actions shall be deemed to satisfy the Secretary's responsibilities referred to in subparagraph (B) of such paragraph. (5) Implementation.--The Secretary shall implement this subsection in a manner consistent with the implementation of section 104(g) of the Housing and Community Development Act of 1974 (42 U.S.C. 5304(g)). SEC. 4. NATIONAL RESEARCH CENTER FOR RESILIENCE. (a) Establishment.--The Secretary, acting through the Office of Policy Development and Research, shall-- (1) select, on a competitive basis, a single nonprofit organization having a national reputation for expertise in resilience research and capacity building to develop a National Research Center for Resilience; and (2) subject only to the availability of amounts provided in appropriation Acts, make annual grants of amounts made available pursuant to section 7(b)(1) for the establishment and operation of the National Center. (b) Activities.--The National Center shall-- (1) collaborate with institutions of higher education as partners to create a best practices sharing network to support the programs and activities carried out with resilience grants; (2) coordinate with any other relevant centers and entities throughout the Federal Government on efforts relating to improving community resilience: (3) collect and disseminate research and other information about evidence-based and promising practices related to resilience to inform the efforts of research partners and to support the programs and activities carried out with resilience grants; (4) increase the public's knowledge and understanding of effective practices to improve regional and community resilience throughout the United States; and (5) make grants under subsection (d) for Regional Centers for Resilience. (c) Dissemination of Proven Practices.--The Secretary shall collect information from the National Center regarding its activities and research and shall develop, manage, and regularly update an online site to disseminate proven practices for improving community resilience. (d) Grants for Regional Centers for Resilience.-- (1) Grant program.--The National Center shall carry out a program to make grants to institutions of higher education, or other non-profit organizations, having a national reputation to establish a Regional Center for Resilience in each of the 10 regions of the Department of Housing and Urban Development, as that shall serve as regional research partners with recipients of resilience grants that are located in the same geographic region as such institution, in collaboration with the National Center. (2) Support services.--A Regional Center for Resilience receiving a grant under this section shall use such grant amounts to-- (A) provide research support to recipients of resilience grants, including support services for data collection, general research, and analysis to assess the progress of activities carried out with resilience grants; (B) provide technical assistance to prospective applicants for, and recipients of, resilience grants; and (C) collaborate with and share information with the National Center. SEC. 5. ANNUAL PROGRAMS REPORT. The Secretary shall annually submit to the Congress, and make publicly available, a report on the programs carried out under this Act, which shall evaluate the performance of such programs using the program performance metrics established under Executive Order 13576 (76 Fed. Reg. 35297), or any subsequent replacement executive order. SEC. 6. GAO REPORTS. (a) Access to Information.--The Comptroller General of the United States shall have access to all information regarding and generated by the programs carried out under this Act. (b) Reports.--Not later than the expiration of the 2-year period beginning on the date of the enactment of this Act, and every two years thereafter, the Comptroller General shall submit to the Congress a report analyzing and assessing the performance of the programs carried out under this Act. SEC. 7. FUNDING. (a) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $1,000,000,000 for each of fiscal years 2018 through 2022. (b) Allocation.--Of any amounts appropriated for each such fiscal year-- (1) 1.0 percent shall be available for grants under section 4; (2) 0.1 percent shall be available to the Office of Community Planning and Development for necessary costs, including information technology costs and salaries and expenses, of administering and overseeing funds made available for grants under sections 3 and 4; and (3) the remainder shall be available for resilience grants under section 3.

Building Up Infrastructure and Limiting Disasters through Resilience Act of 2017 or the BUILD Resilience Act of 2017 This bill requires the Department of Housing and Urban Development (HUD) to carry out a Community Resilience Grant Program to provide assistance to communities for increasing resilience to chronic stresses and acute shocks, including by improving long-term resilience of infrastructure and housing. A state, local government, or regional entity is eligible for such a grant if it is located in an area that has been declared a major disaster area within the previous five years. HUD's Office of Policy Development and Research must select and award annual grants to a single nonprofit organization having a national reputation for expertise in resilience research and capacity building to develop, establish, and operate a National Research Center for Resilience. The center shall provide grants to institutions of higher education or other nonprofit organizations to establish a Regional Center for Resilience in each of HUD's 10 regions to serve as regional research partners with recipients of resilience grants.

Building Up Infrastructure and Limiting Disasters through Resilience Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Library of Congress Sound Recording and Film Preservation Programs Reauthorization Act of 2008''. SEC. 2. SOUND RECORDING PRESERVATION PROGRAMS. (a) National Recording Preservation Board.-- (1) Reauthorization.-- (A) In general.--Section 133 of the National Recording Preservation Act of 2000 (2 U.S.C. 1743) is amended by striking ``for each of the first 7 fiscal years beginning on or after the date of the enactment of this Act'' and inserting ``for the first fiscal year beginning on or after the date of the enactment of this Act and each succeeding fiscal year through fiscal year 2016''. (B) Effective date.--The amendment made by subparagraph (A) shall take effect as if included in the enactment of the National Recording Preservation Act of 2000. (2) Criteria for removal of members.--Section 122(d)(2) of such Act (2 U.S.C. 1722(d)(2)) is amended to read as follows: ``(2) Removal of members.--The Librarian shall have the authority to remove any member of the Board if the member fails, after receiving proper notification, to attend (or send a designated alternate to attend) a regularly scheduled Board meeting, or if the member is determined by the Librarian to have substantially failed to fulfill the member's responsibilities as a member of the Board.''. (b) National Recording Preservation Foundation.-- (1) Reauthorization.-- (A) In general.--Section 152411(a) of title 36, United States Code, is amended by striking ``for each of the first 7 fiscal years beginning on or after the date of the enactment of this chapter'' and inserting ``for the first fiscal year beginning on or after the date of the enactment of this chapter and each succeeding fiscal year through fiscal year 2016''. (B) Effective date.--The amendment made by subparagraph (A) shall take effect as if included in the enactment of the National Recording Preservation Act of 2000. (2) Permitting board members to serve more than 2 terms.-- Section 152403(b)(4) of such title is amended by striking the second sentence. (3) Permitting board to determine location of principal office.-- (A) In general.--Section 152406 of such title is amended by striking ``District of Columbia.'' and inserting ``District of Columbia or another place as determined by the Board of Directors.''. (B) Conforming amendment.--Section 152405(b) of such title is amended by striking ``District of Columbia,'' and inserting ``jurisdiction in which the principal office of the corporation is located,''. (4) Clarification of limitation on use of funds for administrative expenses.--Section 152411(b) of such title is amended to read as follows: ``(b) Limitation Related to Administrative Expenses.--Amounts authorized under this section may not be used by the corporation for management and general or fundraising expenses as reported to the Internal Revenue Service as part of an annual information return required under the Internal Revenue Code of 1986.''. SEC. 3. FILM PRESERVATION PROGRAMS. (a) National Film Preservation Board.-- (1) Reauthorization.-- (A) In general.--Section 112 of the National Film Preservation Act of 1996 (2 U.S.C. 179v) is amended by inserting after ``the Librarian'' the following: ``for the first fiscal year beginning on or after the date of the enactment of this Act and each succeeding fiscal year through fiscal year 2016''. (B) Conforming amendment.--Section 113 of such Act (2 U.S.C. 179w) is amended by striking the first sentence. (C) Effective date.--The amendments made by this paragraph shall take effect as if included in the enactment of the National Film Preservation Act of 1996. (2) Expanding authorized uses of seal.--Section 103(b) of such Act (2 U.S.C. 179m(b)) is amended by adding at the end the following: ``The Librarian may authorize the use of the seal by the Library or by others for other limited purposes in order to promote in the National Film Registry when exhibiting, showing, or otherwise disseminating films in the Registry.''. (3) Updating names of organizations represented on board.-- Section 104(a)(1) of such Act (2 U.S.C. 179n(a)(1)) is amended-- (A) in subparagraph (E), by striking ``Cinema'' and inserting ``Cinema and Media''; (B) in subparagraph (G), by striking ``Department of Film and Television'' and inserting ``Department of Film, Television, and Digital Media''; (C) in subparagraph (H), by striking ``Film and Television'' and inserting ``Cinema Studies''; and (D) by amending subparagraph (L) to read as follows: ``(L) Screen Actors Guild.''. (b) National Film Preservation Foundation.-- (1) Reauthorization.--Section 151711(a) of title 36, United States Code, is amended to read as follows: by inserting after the first sentence the following: ``(a) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the Library of Congress amounts necessary to carry out this chapter, not to exceed-- ``(A) $530,000 for each of the fiscal years 2005 through 2009; ``(B) $750,000 for each of the fiscal years 2010 through 2011; and ``(C) $1,000,000 for each of the fiscal years 2012 through 2016. ``(2) Matching.--The amounts authorized to be appropriated under this subsection are to be made available to the corporation to match any private contributions (whether in currency, services, or property) made to the corporation by private persons and State and local governments.''. (2) Repatriation of films from foreign archives as purpose of foundation.--Section 151702(1) of such title is amended by striking ``United States;'' and inserting ``United States and the repatriation of American films from foreign archives;''. (3) Extension of deadline for filling vacancies in membership of board of directors.--Section 151703(b)(5) of such title is amended by striking ``60 days'' and inserting ``120 days''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Library of Congress Sound Recording and Film Preservation Programs Reauthorization Act of 2008 - Amends the National Recording Preservation Act of 2000 to authorize appropriations through FY2016 for: (1) Library of Congress activities for the maintenance and preservation of sound recordings that are culturally, historically, or aesthetically significant; and (2) the National Recording Preservation Foundation to accept and administer private gifts to promote and ensure the preservation and public accessibility of the nation's sound recording heritage held at the Library of Congress and other public and nonprofit archives. Revises the standards for removal by the Librarian of Congress of a member of the Library's National Recording Preservation Board. Allows board members of the National Recording Preservation Foundation to serve more than two consecutive terms. Amends the National Film Preservation Act of 1996 to authorize appropriations through FY2016 for the Library's National Film Preservation Board. Updates the names of organizations that represent the Board. Authorizes appropriations to the Library through FY2016 for the National Film Preservation Foundation. Adds to the purposes of the Foundation the encouragement, acceptance, and administration of private gifts to ensure the repatriation of American films from foreign archives.

To reauthorize the sound recording and film preservation programs of the Library of Congress, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Huntington's Disease Parity Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Huntington's Disease is a progressive degenerative neurological disease that causes total physical and mental deterioration over a 12 to 15 year period. It affects 30,000 patients and 200,000 individuals are genetically ``at risk'' in the United States. (2) Huntington's Disease has a triad of clinical features, including motor abnormalities, dementia, and disorders of mood and perception. While movement disorders are most commonly associated with Huntington's Disease, early symptoms are often emotional and psychiatric. This may include personality changes, irritability, mood swings, depression, obsessive- compulsive behavior, inability to concentrate, and decreased motivation. (3) Because of its incapacitating nature, people with Huntington's disease, including those in the early stages of the disease, are unable to retain employment. As a result, many people with Huntington's Disease rely solely on Social Security Disability Income. (4) Despite significant advances in medicine and greater understanding of disability, the Social Security Administration has not comprehensively revised its rules for the medical evaluation of neurological disabilities since 1985. (5) Because people with Huntington's Disease are frequently not employed, many families have lost their employer-provided health insurance benefits. As a result, many people with Huntington's Disease do not receive necessary treatment during the early stages of the disease. (6) In 2000, the Centers for Medicaid & Medicare Services waived the 24-month waiting period requirement for people disabled by ALS (amyotropic lateral sclerosis), a degenerative neurological condition similar to Huntington's Disease. SEC. 3. REVISION OF THE MEDICAL CRITERIA FOR EVALUATING DISABILITY CAUSED BY ADULT-ONSET HUNTINGTON'S DISEASE. The Commissioner of Social Security shall revise the regulations prescribed by the Commissioner set forth as Appendix 1 to subpart P of part 404 of title 20 of the Code of Federal Regulations (relating to the listing of impairments, published by the Social Security Administration as ``Disability Evaluation Under Social Security'', and commonly referred to as the ``Blue Book''), as follows: (1) The Commissioner shall insert after 11.00G the following: ``H. Huntington's Disease. Huntington's Disease is an inherited neuropsychiatric disorder that is progressive and terminates in death of the affected person. Recovery or remission never occurs. Treatment is ineffective in terms of halting or slowing the progression of the disease. The usual age of adult onset is between the ages of 30 and 50, although the age of adult onset may be younger or older. Incapacitation occurs relatively early in the course of this debilitating illness with progression to total disability and dependency for all activities of daily living. There are three characteristic clinical features: (1) loss of ability to control bodily movements; (2) loss of ability to think and act quickly, to learn new material and to remember, and (3) apathy, personality changes, irritability, mood swings, depression, anxiety, inability to concentrate, decreased motivation, obsessive- compulsive disorder, and severe depression. Individuals with Huntingon's Disease also exhibit poor social judgment and may be irritable and aggressive. Inability to work is due to a combination of cognitive disturbance, behavioral or mood changes, poor coordination of voluntary movements, and the presence of involuntary movements. Individuals with Huntingon's Disease, even in the relatively early stages, have particular difficulty with decision-making, multi-tasking, and performing under time pressure or with the stress of interpersonal interactions. The course of the disease varies among individuals and families. The cognitive and behavioral problems may become debilitating before disorganization of motor functions. For other individuals, the motor dysfunction may appear first.''. (2) The Commissioner shall insert after 11.14 the following: ``11.15 Huntington's Disease. With: ``A. disorganization of motor function as described in 11.04B; or ``B. chronic brain syndrome. Evaluate under 12.02, 12.04, and 12.06.''. (3) The Commissioner shall remove the reference in 11.17 to ``Huntington's Chorea''. SEC. 4. REVISION OF THE MEDICAL CRITERIA FOR EVALUATING DISABILITY CAUSED BY JUVENILE HUNTINGTON'S DISEASE. The Commissioner of Social Security shall revise further the regulations described in section 3 as follows: (1) The Commissioner shall insert after 111.00E the following: ``F. Juvenile Huntington's Disease. While there is no symptom or group of symptoms that are absolutely required for the diagnosis of juvenile Huntington's Disease, most affected children offer several of the following features at the time that the diagnosis is made: motor dysfunction, characterized by rigidity and dystonia, seizures, declining cognitive function, behavioral or psychiatric problems such as depression, aggressiveness and impulsiveness, irritability, mood swings, and obsessions. Huntington's Disease is a hereditary disorder and individuals with very early onset of Huntington's Disease are far more likely to have an affected father than an affected mother.''. (2) The Commissioner shall insert after 111.09 the following: ``111.10. Junvenile Huntington's Disease. With: ``A. Motor dysfunction. Evaluate under 111.06; or ``B. Behavioral or psychiatric problems. Evaluate under 112.02, 112.06, and 112.08.''. SEC. 5. ELIMINATION OF 24-MONTH MEDICARE DISABILITY WAITING PERIOD IN CASES OF INDIVIDUALS WITH DISABLING HUNTINGTON'S DISEASE. (a) In General.--Section 226(h) of the Social Security Act (42 U.S.C. 426(h)) is amended, in the matter preceding paragraph (1), by inserting ``or Huntington's Disease'' after ``amyotrophic lateral sclerosis (ALS)''. (b) Effective Date.--The amendment made by subsection (a) shall apply to benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning after the date of the enactment of this Act.

Huntington's Disease Parity Act of 2008 - Directs the Commissioner of Social Security to revise the medical criteria for evaluating disability caused by adult-onset and juvenile Huntington's Disease. Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to eliminate the 24-month waiting period for Medicare eligibility for individuals disabled by Huntington's Disease.

To require the Commissioner of Social Security to revise the medical criteria for evaluating disability in a person diagnosed with Huntington's Disease and to waive the 24-month waiting period for Medicare eligibility for individuals disabled by Huntington's Disease.

SECTION 1. SHORT TITLE. This Act may be cited as the ``NTIS Elimination Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The National Technical Information Service (referred to in this Act as ``NTIS''), the National Archives and Records Administration, the Government Accountability Office (referred to in this Act as ``GAO''), and the Library of Congress all collect, categorize, and distribute government information. (2) NTIS was established in 1950, more than 40 years before the creation of the Internet. (3) NTIS is tasked with collecting and distributing government-funded scientific, technical, engineering, and business-related information and reports. (4) GAO found that NTIS sold only 8 percent of the 2,500,000 reports in its collection between 1995 and 2000. (5) A November 2012 GAO review of NTIS made the following conclusions: (A) ``Of the reports added to NTIS's repository during fiscal years 1990 through 2011, GAO estimates that approximately 74 percent were readily available from other public sources.''. (B) ``These reports were often available either from the issuing organization's website, the Federal Internet portal (http://www.USA.gov) or from another source located through a web search.''. (C) ``The source that most often had the report [GAO] was searching for was another website located through http://www.Google.com.''. (D) ``95 percent of the reports available from sources other than NTIS were available free of charge.''. (6) No Federal agency should use taxpayer dollars to purchase a report from the National Technical Information Service that is available through the Internet for free. (7) In 1999, Secretary of Commerce William Daley-- (A) admitted that the National Technical Information Service would eventually outlive its usefulness and be unable to sustain its revenue-losing profit model; (B) explained that ``declining sales revenues soon would not be sufficient to recover all of NTIS' operating costs''; and (C) attributed this ``decline to other agencies' practice of making their research results available to the public for free through the Web''. (8) According to the November 2012 GAO report referred to in paragraph (5)-- (A) ``NTIS product expenditures exceeded revenues for 10 out of the past 11 fiscal years.''; (B) ``The agency lost, on average, about $1.3 million over the last 11 years on its products.''; and (C) ``The decline in revenue for its products continues to call into question whether NTIS's basic statutory function of acting as a self-financing repository and disseminator of scientific and technical information is still viable.''. (9) NTIS has compensated for its lost revenue by charging other Federal agencies for various services that are not associated with NTIS's primary mission. (10) Future technological advances will ensure that the services offered by NTIS are even more superfluous for essential government functions than they are today. SEC. 3. NATIONAL TECHNICAL INFORMATION SERVICE. (a) Repeal.--Effective on the date that is 1 year after the date of the enactment of this Act, the National Technical Information Act of 1988 (subtitle B of title II of Public Law 100-519; 15 U.S.C. 3704b) is repealed. (b) Transfer of Critical Functions.-- (1) Consultation requirement.--The Secretary of Commerce, the Archivist of the United States, and the Comptroller General of the United States shall consult with the Director of the Office of Management and Budget to determine if any activity or function of the National Technical Information Service-- (A) is critical to the national economy; and (B) is not being carried out by-- (i) any other agency or instrumentality of the Federal Government; or (ii) a contractor of the Federal Government. (2) Transfers authorized.-- (A) In general.--Before the effective date set forth in subsection (a), the Secretary of Commerce is authorized to transfer the responsibility for any NTIS activity or function that is critical to the national economy and not otherwise being carried out (as determined under paragraph (1)) to another office within the Department of Commerce. (B) Congressional notification.--Before transferring any activity or function pursuant to subparagraph (A), the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Energy and Commerce of the House of Representatives, the Committee on Oversight and Government Reform of the House of Representatives that-- (i) identifies the activities or functions that will be transferred; and (ii) provides the rationale for determining that such activities or functions are critical to the national economy. (3) Defined term.--As used in this subsection, an activity or function that is ``critical to the national economy'' promotes the economic growth of the United States by providing access to information that stimulates innovation and discovery. (c) Repository of Nonclassified Information.-- (1) In general.--The Secretary of Commerce is authorized to continue to maintain a permanent repository of nonclassified scientific, technical, and engineering information that contains reports that are scientific, technical, or engineering in nature. (2) Item to be included.-- (A) In general.--All Federal entities shall send electronic copies of all nonclassified scientific, technical, and engineering reports and information to the Department of Commerce for inclusion in the repository referred to in paragraph (1). (B) Notification requirement.--If any Federal entity regularly fails to comply with the requirement under subparagraph (A), the Secretary of Commerce shall notify-- (i) the Committee on Commerce, Science, and Transportation of the Senate; and (ii) the Committee on Energy and Commerce of the House of Representatives. (3) Public availability.--The repository referred to in paragraph (1) and any document therein shall be publicly available and searchable, including bibliographic information, in a format that is useful to American industry, business, libraries, and research institutions. (4) Digital copies.--The Secretary shall provide digital copies of any document in the repository referred to in paragraph (1) to the public free of charge. (5) Authorization of appropriations.--There is authorized to be appropriated such sums as may be necessary to maintain the repository referred to in paragraph (1). (d) Bibliographic Information.--The Secretary of Commerce shall continue to make selected bibliographic information products available in a timely manner to depository libraries as part of the Depository Library Program of the Government Publishing Office. (e) Use of Technology.--The Secretary of Commerce shall utilize available technology to ensure that the Department of Commerce is collecting all nonclassified scientific, technical, and engineering information to the best of its ability. SEC. 4. NTIS REVOLVING FUND. Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury, after consultation with the Secretary of Commerce, shall-- (1) transfer all unexpended balances in the National Technical Information Service Revolving Fund (referred to in this section as the ``Fund''), established pursuant to the Department of Commerce Appropriations Act, 1993 (title II of Public Law 102-305; 15 U.S.C. 3704b note), to the Department of Commerce to be expended solely for the maintenance of the repository described in section 3(c); and (2) dissolve the Fund. SEC. 5. SECRETARY OF COMMERCE CERTIFICATION. Before the effective date set forth in section 3(a), the Secretary of Commerce shall submit a written certification to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives that all of the operations of the National Technical Information Service, except for the activities or functions transferred pursuant to section 3(b)(2)(A), have been terminated.

NTIS Elimination Act Repeals the National Technical Information Act of 1988, which provided for establishment of the National Technical Information Service (NTIS), effective one year after the enactment of this Act. Directs the Secretary of Commerce, the Archivist of the United States, and the Comptroller General to consult with the Director of the Office of Management and Budget to determine if any NTIS activity or function is critical to the national economy and is not being carried out by any other federal government agency, instrumentality, or contractor. Authorizes the the Secretary to transfer responsibility for any such activity or function to another office within Commerce. Directs the Secretary, before one year after enactment of this Act, to certify that all other NTIS operations have been terminated. Defines as "critical to the national economy" an activity or function that promotes U.S. economic growth by providing access to information that stimulates innovation and discovery. Authorizes Commerce to continue to maintain a permanent repository of nonclassified scientific, technical, and engineering information, which shall be publicly available and searchable in a format useful to American industry, business, libraries, and research institutions. Requires all federal entities to send electronic copies of all nonclassified scientific, technical, and engineering reports and information to Commerce for inclusion in the repository. Directs the Department of the Treasury to transfer all unexpended balances in the NTIS Revolving Fund to Commerce to be expended solely for the maintenance of the repository and to dissolve the Fund.

NTIS Elimination Act