santoshtyss/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Community and Rural Air Service Revitalization Act of 2003''. SEC. 2. REAUTHORIZATION OF ESSENTIAL AIR SERVICE PROGRAM. Section 41742(a) of title 49, United States Code, is amended to read as follows: ``(a) In General.--There are authorized to be appropriated to the Secretary of Transportation to carry out the essential air service under this subchapter, $113,000,000 for each of fiscal years 2004 through 2007, $50,000,000 of which for each such year shall be derived from amounts received by the Federal Aviation Administration credited to the account established under section 45303 of this title or otherwise provided to the Administration.''. SEC. 3. INCENTIVE PROGRAM. (a) In General.--Chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``SUBCHAPTER IV--MARKETING INCENTIVE PROGRAM ``Sec. 41781. Purpose. ``Sec. 41782. Marketing program. ``Sec. 41783. State marketing assistance. ``Sec. 41784. Definitions. ``Sec. 41785. Authorization of appropriations. ``Sec. 41781. Purposes ``The purposes of this subchapter are-- ``(1) to enable essential air service communities to increase boardings and the level of passenger usage of airport facilities at an eligible place by providing technical, financial, and other marketing assistance to such communities and to States; ``(2) to reduce subsidy costs under subchapter II of this chapter as a consequence of such increased usage; and ``(3) to provide such communities with opportunities to obtain, retain, and improve transportation services. ``Sec. 41782. Marketing program ``(a) In General.--The Secretary of Transportation shall establish a marketing incentive program for eligible essential air service communities receiving assistance under subchapter II under which the airport sponsor in such a community may receive a grant of not more than $50,000 to develop and implement a marketing plan to increase passenger boardings and the level of passenger usage of its airport facilities. ``(b) Matching Requirement; Success Bonuses-- ``(1) In general.--Except as provided in paragraphs (2) and (3), not less than 25 percent of the publicly financed costs associated with the marketing plan shall come from non-Federal sources. For purposes of this paragraph-- ``(A) the non-Federal portion of the publicly financed costs may be derived from contributions in kind; and ``(B) State or local matching contributions may not be derived, directly or indirectly, from Federal funds, but the use by a state or local government of proceeds from the sale of bonds to provide the matching contribution is not considered to be a contribution derived directly or indirectly from Federal funds, without regard to the Federal income tax treatment of interest paid on those bonds or the Federal income tax treatment of those bonds. ``(2) Bonus for 25-percent increase in usage.--Except as provided in paragraph (3), if, after any 12-month period during which a marketing plan has been in effect, the Secretary determines that the marketing plan has increased average monthly boardings, or the level of passenger usage, at the airport facilities at the eligible place, by 25 percent or more, then only 10 percent of the publicly financed costs associated with the marketing plan shall be required to come from non-Federal sources for the following 12-month period. ``(3) Bonus for 50-percent increase in usage.--If, after any 12-month period during which a marketing plan has been in effect, the Secretary determines that the marketing plan has increased average monthly boardings, or the level of passenger usage, at the airport facilities at the eligible place, by 50 percent or more, then no portion of the publicly financed costs associated with the marketing plan shall be required to come from non-Federal sources for the following 12-month period. ``Sec. 41783. State marketing assistance The Secretary of Transportation may provide up to $50,000 in technical assistance to any State within which an eligible essential air service community is located for the purpose of assisting the State and such communities to develop methods to increase boardings in such communities. At least 10 percent of the costs of the activity with which the assistance is associated shall come from non-Federal sources, including contributions in kind. ``Sec. 41784. Definitions ``In this subchapter: ``(1) Eligible place.--The term `eligible place' has the meaning given that term in section 41731(a)(1). ``(2) Eligible essential air service community.--The term `eligible essential air service community' means an eligible place that-- ``(A) submits an application to the Secretary in such form, at such time, and containing such information as the Secretary may require, including a detailed marketing plan, or specifications for the development of such a plan, to increase average boardings, or the level of passenger usage, at its airport facilities; and ``(B) provides assurances, satisfactory to the Secretary, that it is able to meet the non-Federal funding requirements of section 41782(b)(1). ``(3) Passenger boardings.--The term `passenger boardings' has the meaning given that term by section 47102(10). ``(4) Sponsor.--The term `sponsor' has the meaning given that term in section 47102(19). ``Sec. 41785. Authorization of appropriations ``There are authorized to be appropriated to the Secretary of Transportation $12,000,000 for each of fiscal years 2004 through 2007, not more than $200,000 per year of which may be used for administrative costs.''. (b) Conforming Amendment.--The chapter analysis for chapter 417 of such title is amended by inserting after the item relating to section 41767 the following: ``subchapter iv--marketing incentive program ``41781. Purpose. ``41782. Marketing program. ``41783. State marketing assistance. ``41784. Definitions. ``41785. Authorization of appropriations.''. SEC. 4. PILOT PROGRAMS. (a) In General.--Subchapter II of chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 41745. Other pilot programs ``(a) In General.--If the entire amount authorized to be appropriated to the Secretary of Transportation by section 41785 is appropriated for fiscal years 2004 through 2007, the Secretary of Transportation shall establish pilot programs that meet the requirements of this section for improving service to communities receiving essential air service assistance under this subchapter or consortia of such communities. ``(b) Programs Authorized.-- ``(1) Community flexibility.--The Secretary shall establish a pilot program for not more than 10 communities or consortia of communities under which the airport sponsor of an airport serving the community or consortium may elect to forego any essential air service assistance under preceding sections of this subchapter for a 10-year period in exchange for a grant from the Secretary equal in value to twice the annual essential air service assistance received for the most recently ended calendar year. Under the program, and notwithstanding any provision of law to the contrary, the Secretary shall make a grant to each participating sponsor for use by the recipient for any project that-- ``(A) is eligible for assistance under chapter 471; ``(B) is located on the airport property; or ``(C) will improve airport facilities in a way that would make such facilities more usable for general aviation. ``(2) Equipment changes.-- ``(A) In General.--The Secretary shall establish a pilot program for not more than 10 communities or consortia of communities under which, upon receiving a petition from the sponsor of the airport serving the community or consortium, the Secretary shall authorize and request the essential air service provider for that community or consortium to use smaller equipment to provide the service and to consider increasing the frequency of service using such smaller equipment. Before granting any such petition, the Secretary shall determine that passenger safety would not be compromised by the use of such smaller equipment. ``(B) Alternative services.--For any 3 aiport sponsors participating in the program established under subparagraph (A), the Secretary may establish a pilot program under which-- ``(i) the Secretary provides 100 percent Federal funding for reasonable levels of alternative transportation services from the eligible place to the nearest hub airport or small hub airport; ``(ii) the Secretary will authorize the sponsor to use its essential air service subsidy funds provided under preceding sections of this subchapter for any airport-related project that would improve airport facilities; and ``(iii) the sponsor may make an irrevocable election to terminate its participation in the pilot program established under this paragraph after 1 year. ``(3) Cost-sharing.--The Secretary shall establish a pilot program under which the sponsors of airports serving a community or consortium of communities share the cost of providing air transportation service greater than the basic essential air service provided under this subchapter. ``(4) EAS local participation program.-- ``(A) In general.--The Secretary of Transportation shall establish a pilot program under which designated essential air service communities located in proximity to hub airports are required to assume 10 percent of their essential air service subsidy costs for a 3-year period. ``(B) Designation of communities.-- ``(i) In general.--The Secretary may not designate any community under this paragraph unless it is located within 100 miles by road of a hub airport and is not located in a noncontiguous State. In making the designation, the Secretary may take into consideration the total traveltime between a community and the nearest hub airport, taking into account terrain, traffic, weather, road conditions, and other relevant factors. ``(ii) One community per state.--The Secretary may not designate-- ``(I) more than 1 community per State under this paragraph; or ``(II) a community in a State in which another community that is eligible to participate in the essential air service program has elected not to participate in the essential air service program. ``(C) Appeal of designation.--A community may appeal its designation under this section. The Secretary may withdraw the designation of a community under this paragraph based on-- ``(i) the airport sponsor's ability to pay; or ``(ii) the relative lack of financial resources in a community, based on a comparison of the median income of the community with other communities in the State. ``(D) Non-federal share.-- ``(i) Non-federal amounts.--For purposes of this section, the non-Federal portion of the essential air service subsidy may be derived from contributions in kind, or through reduction in the amount of the essential air service subsidy through reduction of air carrier costs, increased ridership, pre- purchase of tickets, or other means. The Secretary shall provide assistance to designated communities in identifying potential means of reducing the amount of the subsidy without adversely affecting air transportation service to the community. ``(ii) Application with other matching requirements.--This section shall apply to the Federal share of essential air service provided this subchapter, after the application of any other non-Federal share matching requirements imposed by law. ``(E) Eligibility for other programs not affected.--Nothing in this paragraph affects the eligibility of a community or consortium of communities, an airport sponsor, or any other person to participate in any program authorized by this subchapter. A community designated under this paragraph may participate in any program (including pilot programs) authorized by this subchapter for which it is otherwise eligible-- ``(i) without regard to any limitation on the number of communities that may participate in that program; and ``(ii) without reducing the number of other communities that may participate in that program. ``(F) Secretary to report to congress on impact.-- The Secretary shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on-- ``(i) the economic condition of communities designated under this paragraph before their designation; ``(ii) the impact of designation under this paragraph on such communities at the end of each of the 3 years following their designation; and ``(iii) the impact of designation on air traffic patterns affecting air transportation to and from communities designated under this paragraph. ``(c) Code-sharing.--Under the pilot program established under subsection (a), the Secretary is authorized to require air carriers providing service to participating communities and major air carriers (as defined in section 41716(a)(2)) serving large hub airports (as defined in section 41731(a)(3)) to participate in multiple code-share arrangements consistent with normal industry practice whenever and wherever the Secretary determines that such multiple code-sharing arrangements would improve air transportation services. The Secretary may not require air carriers to participate in such arrangements under this subsection for more than 10 such communities. ``(d) Track Service.--The Secretary shall require essential air service providers to track changes in service, including on-time arrivals and departures. ``(e) Administrative Provisions.--In order to participate in a pilot program established under this section, the airport sponsor for a community or consortium of communities shall submit an application to the Secretary in such form, at such time, and containing such information as the Secretary may require.''. (b) Conforming Amendment.--The chapter analysis for chapter 417 of such title is amended by inserting after the item relating to section 41744 the following: ``41745. Other pilot programs''. SEC. 5. EAS PROGRAM AUTHORITY CHANGES. (a) Rate renegotiation.--If the Secretary of Transportation determines that essential air service providers are experiencing significantly increased costs of providing service under subchapter II of chapter 417 of title 49, United States Code, the Secretary of Transportation may increase the rates of compensation payable under that subchapter within 30 days after the date of enactment of this Act without regard to any agreements or requirements relating to the renegotiation of contracts. For purposes of this subsection, the term ``significantly increased costs'' means an average monthly cost increase of 10 percent or more. (b) Returned Funds.--Notwithstanding any provision of law to the contrary, any funds made available under subchapter II of chapter 417 of title 49, United States Code, that are returned to the Secretary by an airport sponsor because of decreased subsidy needs for essential air service under that subchapter shall remain available to the Secretary and may be used by the Secretary under that subchapter to increase the frequency of flights at that airport. (c) Small Community Air Service Development Pilot Program.--Section 41743(h) of such title is amended by striking ``an airport'' and inserting ``each airport''.

Small Community and Rural Air Service Revitalization Act of 2003 - Amends Federal transportation law to reauthorize the essential air service (EAS) program through FY 2007. Directs the Secretary of Transportation to establish a marketing incentive program for eligible EAS communities receiving assistance under which the airport sponsor in such a community may receive a grant of not more than $50,000 to develop and implement a marketing plan to increase passenger boardings and the level of passenger usage of its airport facilities. Authorizes the Secretary to provide up to $50,000 in technical assistance to any State within which an eligible EAS community is located to assist them to develop methods to increase passenger boardings. Directs the Secretary to establish certain pilot programs if the entire amount authorized to be appropriated for EAS pilot programs is appropriated for FY 2004 through 2007. Specifies among such pilot programs: (1) one for up to ten communities or consortia of communities under which an airport sponsor may elect to forego any EAS assistance for a ten-year period in exchange for a grant equal to twice the annual EAS assistance received for the most recently ended calendar year; and (2) one for up to ten communities or consortia under which, upon receiving the airport sponsor's petition, the Secretary shall authorize and request the EAS provider to use smaller equipment and consider increasing the frequency of service using such equipment. Requires the Secretary, subject to the same condition, to establish pilot programs under which: (1) airport sponsors share the cost of providing air transportation service greater than basic EAS; and (2) designated EAS communities located in proximity to hub airports are required to assume ten percent of their EAS subsidy costs for a three-year period. Authorizes the Secretary to increase the rates of compensation payable without regard to any agreements or requirements relating to the renegotiation of contracts, if essential air service providers are experiencing significantly increased costs of providing service (an average monthly cost increase of ten percent or more).

A bill to reauthorize the essential air service program under chapter 471 of title 49, United States Code, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electric Reliability Act of 2004''. SEC. 2. ELECTRIC RELIABILITY STANDARDS. Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding at the end the following: ``SEC. 215. ELECTRIC RELIABILITY. ``(a) Definitions.--In this section: ``(1) Bulk-power system.--The term `bulk-power system' means a network of interconnected transmission facilities and generating facilities. ``(2) Electric reliability organization.--The term `electric reliability organization' means a self-regulating organization certified by the Commission under subsection (c) the purpose of which is to promote the reliability of a bulk- power system. ``(3) Reliability standard.--The term `reliability standard' means a requirement to provide for reliable operation of a bulk-power system approved by the Commission under this section. ``(b) Jurisdiction and Applicability.-- ``(1) In general.--The Commission shall have jurisdiction, within the United States, over each electric reliability organization, regional entity, and user, owner, and operator of a bulk-power system (including an entity described in section 201(f)), for the purpose of approving reliability standards and enforcing compliance with this section. ``(2) Compliance.--Each user, owner, and operator of the bulk-power system shall comply with reliability standards that take effect under this section. ``(c) Certification.-- ``(1) Final rule.--Not later than 180 days after the date of enactment of this section, the Commission shall promulgate a final rule to implement the requirements of this section. ``(2) Submission of application.--Following the promulgation of a Commission rule under paragraph (1), any person may submit an application to the Commission for certification as an electric reliability organization. ``(3) Requirements for certification.--The Commission may certify an applicant if the Commission determines that the applicant-- ``(A) has the ability to develop, and enforce, reliability standards that provide for an adequate level of reliability of the bulk-power system; ``(B) has established rules that-- ``(i) ensure the independence of the applicant from users, owners, and operators of the bulk-power system, while ensuring fair stakeholder representation in the selection of the directors of the applicant and balanced decisionmaking in any committee or subordinate organizational structure; ``(ii) allocate equitably dues, fees, and other charges among end users for all activities conducted under this section; ``(iii) provide fair and impartial procedures for enforcement of reliability standards through imposition of penalties (including limitations on activities, functions, or operations, or other appropriate sanctions); and ``(iv) provide for reasonable notice and opportunity for public comment, due process, openness, and balance of interests in developing reliability standards and otherwise exercising the duties of the applicant. ``(4) Multiple applications.--If the Commission receives 2 or more timely applications that satisfy the requirements of this subsection, the Commission shall approve only the application that the Commission concludes will best implement this section. ``(d) Reliability Standards.-- ``(1) Filing.--An electric reliability organization shall file a proposed reliability standard or modification to a reliability standard with the Commission. ``(2) Approval.-- ``(A) In general.--The Commission may approve a proposed reliability standard or modification to a reliability standard if the Commission determines that the standard is just, reasonable, not unduly discriminatory or preferential, and in the public interest. ``(B) Deferral to electric reliability organizations.--The Commission-- ``(i) shall give due weight to the technical expertise of the electric reliability organization with respect to the content of a proposed standard or modification to a reliability standard; but ``(ii) shall not defer with respect to the effect of the standard or modification on competition. ``(3) Rebuttable presumptions for interconnection-wide organizations.--The electric reliability organization and the Commission shall rebuttably presume that a proposal from a regional entity organized on an interconnection-wide basis for a reliability standard or modification to a reliability standard to be applicable on an interconnection-wide basis is just, reasonable, not unduly discriminatory or preferential, and in the public interest. ``(4) Disapproval.--The Commission shall remand to the electric reliability organization for further consideration a proposed reliability standard or a modification to a reliability standard that the Commission disapproves in whole or in part. ``(5) Mandatory submission.--The Commission, on its own motion or on complaint, may order an electric reliability organization to submit to the Commission a proposed reliability standard or a modification to a reliability standard that addresses a specific matter if the Commission considers such a new or modified reliability standard to be appropriate to carry out this section. ``(e) Enforcement.-- ``(1) Penalties by electric reliability organizations on users, owners, or operators.--An electric reliability organization may impose a penalty on a user, owner, or operator of a bulk-power system if the electric reliability organization, after notice and an opportunity for a hearing-- ``(A) finds that the user, owner, or operator of the bulk-power system has violated a reliability standard approved by the Commission under subsection (d); and ``(B) files notice with the Commission, which shall affirm, set aside, or modify the action. ``(2) Orders or penalties by commission on users, owners, or operators.--On its own motion or on complaint, the Commission may order compliance with a reliability standard, and may impose a penalty against a user, owner, or operator of a bulk-power system, if the Commission finds, after notice and opportunity for a hearing, that the user, owner, or operator of the bulk-power system has violated or threatens to violate a reliability standard. ``(3) Delegation to regional entity.-- ``(A) In general.--The Commission shall promulgate regulations authorizing the electric reliability organization to-- ``(i) enter into an agreement to delegate authority to a regional entity for the purpose of proposing and enforcing reliability standards (including related activities) if-- ``(I) the regional entity satisfies the requirements of subparagraphs (A) and (B) of subsection (c)(2); and ``(II) the agreement promotes effective and efficient administration of bulk-power system reliability; and ``(ii) modify the delegation. ``(B) Rebuttable presumptions for interconnection- wide organizations.--The electric reliability organization and the Commission shall rebuttably presume that a proposal for delegation to a regional entity organized on an interconnection-wide basis promotes effective and efficient administration of bulk-power system reliability and should be approved. ``(C) Direct delegation to regional entity.--The regulations may provide that the Commission may assign the authority of the electric reliability organization to enforce reliability standards directly to a regional entity consistent with this paragraph. ``(4) Compliance.--The Commission may take such action as is necessary or appropriate against the electric reliability organization or a regional entity to ensure compliance with a reliability standard or any Commission order affecting the electric reliability organization or regional entity. ``(f) Changes in Electricity Reliability Organization Rules.-- ``(1) Filing.--An electric reliability organization shall file with the Commission for approval any proposed rule or proposed rule change, accompanied by an explanation of the basis and purpose of the rule or change. ``(2) Commission initiative.--The Commission, on its own motion or complaint, may propose a change to the rules of the electric reliability organization. ``(3) Effective date.--A proposed rule or proposed rule change shall take effect on a finding by the Commission, after notice and opportunity for comment, that the change is just, reasonable, not unduly discriminatory or preferential, is in the public interest, and satisfies the requirements of subsection (c)(2). ``(g) Coordination With Canada and Mexico.-- ``(1) Recognition.--The electric reliability organization shall take all appropriate steps to gain recognition in Canada and Mexico. ``(2) International agreements.--The President shall, to the maximum extent practicable, enter into international agreements with the governments of Canada and Mexico to provide for effective compliance with reliability standards and the effectiveness of the electric reliability organization in the United States and Canada or Mexico. ``(h) Reliability Reports.--The electric reliability organization shall conduct periodic assessments of the reliability and adequacy of the interconnected bulk-power system in North America. ``(i) Savings Provisions.-- ``(1) Compliance.--The electric reliability organization shall have authority to develop and enforce compliance with standards for the reliable operation of only the bulk-power system. ``(2) Additional capacity; adequacy or safety.--This section does not provide the electric reliability organization or the Commission with the authority-- ``(A) to order the construction of additional generation or transmission capacity; or ``(B) to establish and enforce compliance with standards for adequacy or safety of electric facilities or services. ``(3) State action.--Nothing in this section preempts any authority of a State to take action to ensure the safety, adequacy, and reliability of electric service within that State, as long as the action is not inconsistent with any reliability standard. ``(4) Consistency with reliability standards.--Not later than 90 days after the filing of the application of the electric reliability organization or other affected party, and after notice and opportunity for comment, the Commission shall issue a final order determining whether a State action is inconsistent with a reliability standard, taking into consideration any recommendation of the electric reliability organization. ``(5) Stays.--The Commission, after consultation with the electric reliability organization, may stay the effectiveness of any State action, pending the issuance of a final order by the Commission. ``(j) Application of Antitrust Laws.-- ``(1) Definition of antitrust laws.--In this subsection: ``(A) In general.--The term `antitrust laws' has the meaning given the term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)). ``(B) Inclusion.--The term `antitrust laws' includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45), to the extent that section applies to unfair methods of competition. ``(2) Application.--To the extent undertaken to develop, implement, or enforce a reliability standard, each of the following activities shall not, in any action under the antitrust laws, be deemed illegal per se: ``(A) Activities undertaken by an electric reliability organization under this section. ``(B) Activities of a user, owner, or operator of the bulk-power system undertaken in good faith under the rules of an electric reliability organization. ``(3) Rule of reason.--In any action under the antitrust laws, an activity described in paragraph (2) shall be judged on the basis of the reasonableness of the activity, taking into account all relevant factors affecting competition and reliability. ``(k) Regional Advisory Bodies.-- ``(1) In general.--The Commission shall establish a regional advisory body on the petition of at least \2/3\ of the States within a region that have more than \1/2\ of their electric loads served within the region. ``(2) Composition.--A regional advisory body-- ``(A) shall be composed of 1 member from each participating State in the region, appointed by the Governor of the State; and ``(B) may include representatives of agencies, States, and provinces outside the United States. ``(3) Advice.--A regional advisory body may provide advice to an electric reliability organization, a regional reliability entity, or the Commission regarding-- ``(A) the governance of an existing or proposed regional reliability entity within the same region; ``(B) whether a standard proposed to apply within the region is just, reasonable, not unduly discriminatory or preferential, and in the public interest; ``(C) whether fees proposed to be assessed within the region are just, reasonable, not unduly discriminatory or preferential, and in the public interest; and ``(D) any other responsibilities requested by the Commission. ``(4) Interconnection-wide basis.--The Commission may give deference to the advice of any such regional advisory body if the regional advisory board is organized on an interconnection- wide basis. ``(l) Nonapplication to Alaska and Hawaii.--This section does not apply to Alaska or Hawaii.''.

Electric Reliability Act of 2004 - Amends the Federal Power Act to extend Federal Energy Regulatory Commission (FERC) jurisdiction over each electric reliability organization (ERO), regional entity, and user, owner, and operator of a bulk-power system for purposes of approving reliability standards and enforcing compliance with this Act. Prescribes procedural guidelines for: (1) certification as an ERO; (2) filing of reliability standards; and (3) imposition of penalties by either an ERO or FERC for noncompliance with this Act Requires an ERO to: (1) file with FERC for approval any proposed rule or rule change; and (2) take all appropriate steps to gain recognition in Canada and Mexico. Requires an ERO to assess periodically the reliability and adequacy of the interconnected bulk-power system in North America. Directs FERC to establish a regional advisory body on the petition of at least two-thirds of the States within a region that have more than half of their electric loads served within the region Declares this Act inapplicable to Alaska or Hawaii.

A bill to amend the Federal Power Act to establish reliability standards.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Responsible Interrogation Standards Enforcement Act of 2004'' or ``PRISE Act of 2004''. SEC. 2. FINDINGS. Congress makes the following findings: (1) After World War II, the United States and its allies created a new international legal order based on respect for human rights. One of its fundamental tenets was a universal prohibition on torture and ill treatment. (2) On June 26, 2003, the International Day in Support of Victims of Torture, President George W. Bush stated, ``The United States is committed to the world-wide elimination of torture and we are leading this fight by example. I call on all governments to join with the United States and the community of law-abiding nations in prohibiting, investigating, and prosecuting all acts of torture and in undertaking to prevent other cruel and unusual punishment.''. (3) The United States is a party to the Geneva Conventions, which prohibit torture, cruel treatment, or outrages upon personal dignity, in particular, humiliating and degrading treatment, during armed conflict. (4) The United States is a party to 2 treaties that prohibit torture and cruel, inhuman, or degrading treatment or punishment, as follows: (A) The International Covenant on Civil and Political Rights, done at New York on December 16, 1966. (B) The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on December 10, 1984. (5) The United States filed reservations to the treaties described in subparagraphs (A) and (B) of paragraph (4) stating that the United States considers itself bound to prevent ``cruel, inhuman or degrading treatment or punishment'' to the extent that phrase means the cruel, unusual, and inhumane treatment or punishment prohibited by the 5th amendment, 8th amendment, or 14th amendment to the Constitution. (6) Army Regulation 190-8 entitled ``Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees'' provides that ``Inhumane treatment is a serious and punishable violation under international law and the Uniform Code of Military Justice (UCMJ). . . . All prisoners will receive humane treatment without regard to race, nationality, religion, political opinion, sex, or other criteria. The following acts are prohibited: murder, torture, corporal punishment, mutilation, the taking of hostages, sensory deprivation, collective punishments, execution without trial by proper authority, and all cruel and degrading treatment. . . . All persons will be respected as human beings. They will be protected against all acts of violence to include rape, forced prostitution, assault and theft, insults, public curiosity, bodily injury, and reprisals of any kind. . . . This list is not exclusive.''. (7) The Field Manual on Intelligence Interrogation of the Department of the Army states that ``acts of violence or intimidation, including physical or mental torture, threats, insults, or exposure to inhumane treatment as a means of or an aid to interrogation'' are ``illegal''. Such Manual defines ``infliction of pain through . . . bondage (other than legitimate use of restraints to prevent escape)'', ``forcing an individual to stand, sit, or kneel in abnormal positions for prolonged periods of time'', ``food deprivation'', and ``any form of beating'' as ``physical torture'', defines ``abnormal sleep deprivation'' as ``mental torture'', and prohibits the use of such tactics under any circumstances. (8) The Field Manual on Intelligence Interrogation of the Department of the Army states that ``Use of torture and other illegal methods is a poor technique that yields unreliable results, may damage subsequent collection efforts, and can induce the source to say what he thinks the interrogator wants to hear. Revelation of use of torture by U.S. personnel will bring discredit upon the U.S. and its armed forces while undermining domestic and international support for the war effort. It may also place U.S. and allied personnel in enemy hands at a greater risk of abuse by their captors.''. SEC. 3. HUMANE TREATMENT OF DETAINEES. (a) Prohibition on Torture or Cruel, Inhuman, or Degrading Treatment or Punishment.--(1) No person in the custody or under the physical control of the United States shall be subject to torture or cruel, inhuman, or degrading treatment or punishment that is prohibited by the Constitution, laws, or treaties of the United States. (2) Nothing in this section shall affect the status of any person under the Geneva Conventions or whether any person is entitled to the protections of the Geneva Conventions. (b) Rules, Regulations, and Guidelines.--(1) Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe the rules, regulations, or guidelines necessary to ensure compliance with the prohibition in subsection (a)(1) by the members of the Armed Forces and by any person providing services to the Department of Defense on a contract basis. (2) The Secretary shall submit to the congressional defense committees the rules, regulations, or guidelines prescribed under paragraph (1), and any modifications to such rules, regulations, or guidelines-- (A) not later than 30 days after the effective date of such rules, regulations, guidelines, or modifications; and (B) in a manner and form that will protect the national security interests of the United States. (c) Report to Congress.--(1) The Secretary of Defense shall submit, on a timely basis and not less than twice each year, a report to Congress on the circumstances surrounding any investigation of a possible violation of the prohibition in subsection (a)(1) by a member of the Armed Forces or by a person providing services to the Department of Defense on a contract basis. (2) A report required under paragraph (1) shall be submitted in a manner and form that-- (A) will protect the national security interests of the United States; and (B) will not prejudice any prosecution of an individual involved in, or responsible for, a violation of the prohibition in subsection (a)(1). (d) Definitions.--In this section: (1) The term ``cruel, inhuman, or degrading treatment or punishment'' means the cruel, unusual, and inhumane treatment or punishment prohibited by the 5th amendment, 8th amendment, or 14th amendment to the Constitution. (2) The term ``congressional defense committees'' means the Committees on Armed Services and the Committees on Appropriations of the Senate and the House of Representatives. (3) The term ``Geneva Conventions'' means-- (A) the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, done at Geneva August 12, 1949 (6 UST 3114); (B) the Convention for the Amelioration of the Condition of the Wounded, Sick, and Shipwrecked Members of Armed Forces at Sea, done at Geneva August 12, 1949 (6 UST 3217); (C) the Convention Relative to the Treatment of Prisoners of War, done at Geneva August 12, 1949 (6 UST 3316); and (D) the Convention Relative to the Protection of Civilian Persons in Time of War, done at Geneva August 12, 1949 (6 UST 3516). (4) The term ``torture'' has the meaning given that term in section 2340 of title 18, United States Code. SEC. 4. ADHERENCE BY UNITED STATES TO OBLIGATIONS UNDER THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT. (a) Limitation on Assistance With Respect to Obtaining Information From Individuals.--An officer or employee of the United States may not provide assistance to the government of a foreign country for the purpose of obtaining information from an individual held in custody by the foreign government if the officer or employee has reason to believe that torture or cruel, inhuman, or degrading treatment or punishment will be utilized to obtain the information. (b) Limitation on Assistance With Respect to Transfer of Individuals.--An officer or employee of the United States may not encourage or otherwise assist the government of a foreign country to transfer, render, expel, return, or extradite an individual to another country if the officer or employee has reason to believe that the individual would be in danger of being subjected to torture in violation of Article 3 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. For purposes of the preceding sentence, the term ``assist'' includes the provision of personnel, information, equipment, financial assistance, or any other form of assistance. SEC. 5. MODIFICATION TO DEFINITION OF UNITED STATES FOR PURPOSES OF PROHIBITION AGAINST TORTURE. Section 2340(3) of title 18, United States Code, is amended by striking ``includes'' and all that follows through the period at the end and inserting ``means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States.''.

Promoting Responsible Interrogation Standards Enforcement Act of 2004 or PRISE Act of 2004 - Prohibits subjecting any person in U.S. custody to torture or cruel, inhuman, or degrading treatment or punishment that is prohibited by the U.S. Constitution, laws, or treaties. Requires the Secretary of Defense to: (1) prescribe and submit to specified congressional committees the rules, regulations, or guidelines necessary to ensure compliance by members of the Armed Forces and by Department of Defense contractors; and (2) report to Congress at least twice each year on the circumstances surrounding any investigation of possible violations of such prohibition. Prohibits an officer or employee of the United States from: (1) providing assistance to the government of a foreign country for the purpose of obtaining information from an individual held in custody by that government if there is reason to believe that torture or cruel, inhuman, or degrading treatment or punishment will be utilized to obtain the information; and (2) encouraging or otherwise assisting such a government to transfer, render, expel, return, or extradite an individual to another country if there is reason to believe that the individual would be in danger of being subjected to torture. Modifies the definition of "United States" for purposes of the prohibition against torture to mean the several States, the District of Columbia, and U.S. commonwealths, territories, and possessions.

To affirm that the United States may not engage in torture or cruel, inhuman, or degrading treatment or punishment, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brian Tally VA Medical Care and Liability Improvement Act''. SEC. 2. ACCOUNTABILITY OF HEALTH CARE PROVIDERS AT FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Treatment of Contractors Under Federal Tort Claims Laws.-- Section 7316 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(g)(1) For purposes of this section, an individual who is not an employee of the Federal Government but who is authorized by the Secretary to provide health care or treatment at a facility of the Department pursuant to a contract or other agreement shall be treated as if the individual were a health care employee of the Administration with respect to the health care or treatment furnished by that individual in such a facility of the Department. ``(2) If an individual described in paragraph (1) is the defendant employee of a civil action or proceeding pursuant to this section, any claim of that individual for benefits under an insurance policy with respect to medical malpractice relating to such civil action or proceeding shall be subrogated to the United States. ``(3)(A) If an individual described in paragraph (1) is the defendant employee of at least three separate covered cases during a five-year period, the Secretary-- ``(i) shall revoke the individual's authorization to provide health care or treatment at a facility of the Department; and ``(ii) may not enter into any contract or agreement that authorizes the individual to provide health care or treatment at a facility of the Department. ``(B) In this paragraph, the term `covered case' means-- ``(i) a civil action or proceeding pursuant to this section that resulted in a judgment against the United States; or ``(ii) such an action or proceeding that the United States compromises or settles and the Secretary determines should be treated as a covered case for purposes of this paragraph.''. (b) Notifications and Outreach Regarding Federal Tort Claims.--Such section, as amended by subsection (a), is further amended by adding at the end the following new subsections: ``(h) Not later than 30 days following the date on which a judgment is entered against the United States in a civil action or proceeding pursuant to this section, the Secretary shall notify the following entities with respect to such judgment: ``(1) The appropriate licensing entity of each State in which a defendant employee is licensed as a health care professional. ``(2) The National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11101 et seq.). ``(i) The Secretary shall publish in a clear and conspicuous manner on the internet website of the Department an explanation of the rights of an individual under this section, including-- ``(1) an explanation of the procedure to file an administrative claim pursuant to section 515 of this title or section 2675 of title 28; ``(2) the circumstances under which an individual may file a civil action or proceeding pursuant to this section; and ``(3) time limits that can bar recovery under this section.''. (c) Accountability of Physicians of the Department.--Section 7461 of such title is amended-- (1) in subsection (a), by adding at the end the following new sentence: ``The Under Secretary shall bring such charges based on professional conduct or competence against a section 7401(1) employee who is the defendant employee of at least three separate civil actions or proceedings pursuant to section 7316 of this title that, within a five-year period-- ``(1) resulted in a judgment against the United States; or ``(2)(A) were compromised or settled by the United States; and ``(B) the Secretary determines should be counted under this sentence for purposes of bringing such charges.''; and (2) in subsection (c)(3), by adding at the end the following new subparagraph: ``(C) The provision of care subject to a civil action or proceeding pursuant to section 7316 of this title that-- ``(i) resulted in a judgment against the United States; or ``(ii) is compromised or settled by the United States and the Secretary determines such care should be covered by this paragraph.''. (d) Applicability.--The amendments made by this section shall take effect with respect to actions or omissions covered under section 7316 of title 38, United States Code, occurring on or after the date of the enactment of this Act.

Brian Tally VA Medical Care and Liability Improvement Act This bill subjects independent contractors of the Department of Veterans Affairs (VA) who provide medical care to veterans at VA facilities to the same federal tort laws for medical malpractice that apply to VA health care personnel. An insurance claim for malpractice benefits by a contractor-defendant shall be subrogated to the United States. The VA shall: (1) revoke the authorization to provide VA care of a contractor who has been the defendant in at least three cases during a five-year period that resulted in a judgment or settlement against the United States, and (2) bring an adverse action against certain VA health care personnel for similar reasons.

Brian Tally VA Medical Care and Liability Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women and Lung Cancer Research and Preventive Services Act of 2016''. SEC. 2. FINDINGS. Congress finds as follows: (1) In the United States, an average of 198 women die each day of lung cancer, one every 7 minutes. (2) Lung cancer is the leading cause of cancer death among women. (3) The National Cancer Institute estimates that in 2016, 71,600 women will die of lung cancer, more than the combined total of all estimated deaths from breast cancer (40,450), ovarian cancer (14,240), cervical cancer (4,120), uterine cancer (10,470) and other gynecologic cancers (1,990). (4) Two-thirds of never-smokers diagnosed with lung cancer are women; lung cancer in never-smokers is the sixth leading cause of all cancer deaths. (5) According to a report of the Surgeon General in 2014 entitled, ``The Health Consequences of Smoking--50 Years of Progress'', the relative risk of women smokers developing lung cancer compared to women who never smoked increased tenfold between 1965 and 2010. (6) Women are at greater risk than men of being diagnosed with lung cancer at young ages. (7) Women smokers with BRCA2 mutations, more commonly associated with breast cancer, have a 1 in 4 risk of developing lung cancer. (8) A Government Accountability Office report published on October 22, 2015, called for the National Institutes of Health to do more in evaluating gender differences in research. (9) Additional research strategies and clinical trials are necessary to explore the differences in lung cancer risk factors, incidence, and treatment response in women, and to address the disparate impact of lung cancer on women who have never smoked. (10) Lung cancer screening, which can detect lung cancer at its earliest, most curable stage, is a covered service available without cost-sharing for those at high risk. (11) Published peer-reviewed actuarial studies indicate that lung cancer screening individuals at high risk is cost- effective. (12) The National Framework of Excellence in Lung Cancer Screening and Continuum of Care, launched in 2012, demonstrated that lung cancer screening can be safely and effectively carried out in community hospital settings around the Nation. (13) Lung cancer screening research indicates that the same technology used to screen for lung cancer could be used to simultaneously screen for early breast, heart, and lung diseases, which together constitute more than 50 percent of deaths among women in the United States. (14) Information on the impact of lung cancer on women and the importance of early detection should be incorporated into all public health awareness campaigns. SEC. 3. SENSE OF CONGRESS CONCERNING WOMEN AND LUNG CANCER. It is the sense of Congress that-- (1) there is a disparate impact of lung cancer on women and, in particular, on women who have never smoked; (2) additional research strategies to explore the differences in women with respect to lung cancer risk factors, incidence, histology, and response to treatment are justified and necessary; (3) the implementation of lung cancer preventive services for women should be accelerated; and (4) the public health agencies of the Federal Government should coordinate public education and awareness programs on the impact of lung cancer on women and the importance of early detection. SEC. 4. STUDY TO EVALUATE AND MAKE RECOMMENDATIONS FOR THE ACCELERATION OF RESEARCH ON WOMEN AND LUNG CANCER, GREATER ACCESS TO PREVENTIVE SERVICES, AND STRATEGIC PUBLIC AWARENESS AND EDUCATION CAMPAIGNS. (a) Study.--The Secretary of Health and Human Services, in consultation with the Secretary of Defense and Secretary of Veterans Affairs, shall conduct an interagency study to evaluate the status of, and make recommendations for increased-- (1) research on women and lung cancer; (2) access to lung cancer preventive services; and (3) strategic public awareness and education campaigns on lung cancer. (b) Content.--The study and recommendations under subsection (a) shall include-- (1) a review and comprehensive report on the outcomes of previous research, the status of existing research activities, and knowledge gaps related to women and lung cancer in all agencies of the Federal Government; (2) specific recommendations for a collaborative, interagency, multidisciplinary, and innovative research program, that would-- (A) encourage innovative approaches to eliminate knowledge gaps in research; (B) evaluate environmental and genomic factors that may be related to the etiology of lung cancer in women; and (C) foster advances in imaging technology to improve risk assessment, diagnosis, treatment, and the simultaneous application of other preventive services; (3) recommendations for the development of a national lung cancer screening strategy with sufficient infrastructure and personnel resources to expand access to such screening, particularly among underserved populations; and (4) recommendations for the development of a national public education and awareness campaign on women and lung cancer and the importance of early detection of lung cancer. (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the study conducted under subsection (a).

Women and Lung Cancer Research and Preventive Services Act of 2016 This bill requires the Department of Health and Human Services to conduct an interagency study regarding research on lung cancer in women, access to lung cancer preventive services, and public awareness and education campaigns on lung cancer. The study must include a comprehensive report on research and knowledge gaps related to lung cancer in women in the federal government and recommendations for: (1) a research program that would encourage innovative approaches to eliminate knowledge gaps, (2) the development of a national lung cancer screening strategy with sufficient resources to expand access to screening, and (3) the development of a national public education and awareness campaign on lung cancer in women and the importance of early detection of lung cancer.

Women and Lung Cancer Research and Preventive Services Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf Coast Recovery Act''. SEC. 2. FINDINGS. Congress finds that-- (1) while public officials have the responsibility and expertise to direct and control the Federal, State and local response to any disaster, those officials lack the manpower and equipment necessary to take all of the many steps necessary to implement such a response; (2) in the wake of a disaster, public officials have to depend on private contractors for logistical and other support; (3) historically, private contractors have answered the call, providing valuable service to the public in times of disaster; (4) those contractors answered the call on September 11, 2001, and in the following weeks and months, working hand-in- hand with Federal, State, and local officials to rescue the survivors of the terrorist attacks on that historic date, to recover the bodies of those who died, to remove mountains of debris, to reconstruct the Pentagon, and ultimately, to restore some sense of normalcy to New York City and Arlington, Virginia; (5) the expertise and equipment that private contractors contributed to the Federal, State, and local response to the terrorist attacks on September 11, 2001, greatly enhanced that response, increasing not only the efficiency but also the effectiveness of that response; (6) the support that private contractors provide to Federal, State, and local officials in times of disaster-- (A) make it safer for police, firefighters, and other rescue workers to search for, rescue, and recover both persons and property dislocated by the disaster; and (B) enable those officials to quickly address dangerous conditions that threaten life and property, to restore basic public services, and to protect public safety and health; (7) it is in the national interest to have private contractors assist public officials in times of disaster; (8) by providing support to the Federal, State or local response to a disaster, private contractors risk future litigation and liability even if those contractors are in full compliance with all Federal, State, and local laws (including regulations) that apply to their work; (9) class action lawsuits have been brought against the private contractors that supervised the heroic response to the terrorist attacks on the World Trade Center in New York City on September 11, 2001; (10) well-founded fears of future litigation and liability under existing law discourage contractors from assisting in times of disaster; (11) whether private contractors remain willing to offer their expertise and equipment to public officials in times of disaster substantially affects, burdens, and deters interstate commerce and travel; (12) clarifying the liability that private contractors must ultimately risk simply to support a Federal, State, or local response to a disaster will help-- (A) to ensure that those contractors continue to answer the governmental requests for assistance in times of great need; and (B) to limit the legal expenses that regrettably but inevitably inflate the cost of the recovery from a disaster; and (13) temporarily insulating private contractors from any liability that private parties may seek to impose on the contractors under certain Federal laws would increase the power and authority of the Federal agencies that bear the primary responsibility for the administration of those laws to effectively direct and control the response to a disaster. SEC. 3. DEFINITIONS. In this Act: (1) Disaster zone.--The term ``disaster zone'' means-- (A) the region of the United States in which major disasters relating to Hurricane Katrina were declared by the President on August 29, 2005, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); and (B) any other region of the United States in which a major disaster is so declared after that date, if the disaster requires the provision of Federal assistance in an amount that exceeds $15,000,000,000, as determined by the President. (2) Government contract.--The term ``government contract'' means-- (A) a contract between-- (i) a person, proprietorship, partnership, limited liability company, or corporation in the regular business of providing materials, labor, equipment, or services for construction- related activities (including construction, demolition, repair, clean-up, alteration, remediation, and related engineering); and (ii) any agency or instrumentality of the Federal Government or any State or local government; and (B) a subcontract at any tier of a contract described in subparagraph (A). SEC. 4. LIMITATION ON LIABILITY OF FEDERAL CONTRACTORS UNDER CERTAIN FEDERAL LAWS. (a) In General.--Notwithstanding any other provision of law, a person or entity awarded a government contract to perform rescue, recovery, repair, or reconstruction work in any portion of a disaster zone shall not, as a result of the performance of that work, be subject to liability that any private party may seek to impose under any provision of Federal law (including any regulation) that-- (1) is administered by the Secretary of the Army, the Administrator of the Environmental Protection Agency, or the Secretary of Transportation; and (2) otherwise permits the filing of a lawsuit by a private individual. (b) Effect on Litigation Management.--Nothing in this section limits or otherwise affects the application of section 5 of this Act. (c) Effect on Existing Law.--Nothing in this Act limits or otherwise affects the application, to a person or entity described in subsection (a), of-- (1) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); (2) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.); or (3) a comparable State fair employment practice law. SEC. 5. LITIGATION MANAGEMENT. (a) Federal Cause of Action.-- (1) In general.--There shall exist a Federal cause of action for claims arising out of, relating to, or resulting from the performance of a government contract, whether oral or written, in a disaster zone for-- (A) the search, rescue, or recovery of individuals or property dislocated by the disaster; (B) the demolition, removal, repair, or reconstruction of structures or utilities damaged by the disaster; (C) the clean-up or remediation of property polluted by the disaster; (D) the removal of debris deposited by the disaster (including dredging); or (E) the dewatering of property flooded by the disaster. (2) Substantive law.--The substantive law for decision in any action described in paragraph (1) shall be derived from the law, including choice of law principles, of the State in which the government contract was performed. (3) Claims.--A Federal cause of action shall be brought under this subsection only for claims for injuries or damages proximately caused by a person or entity awarded a government contract. (4) Jurisdiction.--The appropriate United States district court shall have original and exclusive jurisdiction over all actions for any claim for loss of property, personal injury, or death arising out of, relating to, or resulting from the performance of a government contract, whether oral or written, for an activity described in any of subparagraphs (A) through (E) of paragraph (1). (b) Special Rules.-- (1) In general.--The requirements described in paragraphs (2) through (4) shall apply to an action brought under this section. (2) Punitive damages.--No punitive damages intended to punish or deter, exemplary damages, or other damages not intended to compensate a plaintiff for actual losses may be awarded in such an action. (3) Interest prior to judgment.--No party to such an action shall be held liable for interest prior to judgment. (4) Noneconomic damages.-- (A) Definition of noneconomic damages.--In this paragraph, the term ``noneconomic damages'' means damages for losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, hedonic damages, injury to reputation, and any other nonpecuniary losses. (B) Award of noneconomic damages.-- (i) In general.--Noneconomic damages may be awarded against a defendant only in an amount directly proportional to the percentage of responsibility of the defendant for the harm to the plaintiff. (ii) No physical harm.--No plaintiff may recover noneconomic damages unless the plaintiff suffered physical harm. (c) Collateral Sources.--Any recovery by a plaintiff in an action under this section shall be reduced by the amount of collateral source compensation, if any, that the plaintiff has received or is entitled to receive as a result of the same loss of property, personal injury, or death for which the plaintiff seeks compensation from the defendant. (d) Government Contractor Defense.-- (1) Applicability.--Should a lawsuit be filed for claims arising out of, relating to, or resulting from the performance of a contract that meets the criteria described in paragraph (2), there shall be a rebuttable presumption that-- (A) all elements of the government contractor defense are satisfied; and (B) the government contractor defense applies in the lawsuit. (2) Criteria.--The criteria referred to in paragraph (1) are that-- (A) the contract is a government contract that the Chief of Engineers has certified as being necessary for the recovery of a disaster zone from a disaster, as provided in paragraphs (4) and (5); or (B) the contract-- (i) is a subcontract of a contract described in subparagraph (A); and (ii) is for an amount that was not reasonably expected, as of the time at which the subcontract was executed, to exceed $10,000,000. (3) Overcoming of presumption.--The presumption described in paragraph (1) shall be overcome only by evidence showing that a person or entity awarded a government contract acted fraudulently or with willful misconduct in submitting information to the Chief of Engineers in conjunction with the consideration by the Chief of Engineers of the government contract. (4) Exclusive responsibility.-- (A) In general.--The Chief of Engineers shall be exclusively responsible for the review of any government contract that any person or entity, including any governmental entity, claims to be necessary for the recovery of a disaster zone from a disaster for the purpose of establishing a government contractor defense in any lawsuit for claims arising out of, relating to, or resulting from the performance of the government contract. (B) Review of scope.--Upon the submission of a request for a certification that a government contract was or will be necessary for the recovery of a disaster zone from a disaster, the Chief of Engineers shall, not later than 30 days after the date of receipt of the request, whether made before or after the award of a government contract-- (i) review the scope of work that the government contract does or will require; and (ii) determine whether the majority of the work is for 1 or more of the activities described in subparagraphs (A) through (E) of subsection (a)(1). (C) Certification.--If the Chief of Engineers determines that at least a majority of the work that the government contract does or will require is for 1 or more of those activities, the Chief of Engineers shall promptly certify that the government contract is necessary for the recovery of the disaster zone from a disaster. (5) Issuance of certificate.--For each government contract reviewed and certified by the Chief of Engineers under paragraph (4), the Chief of Engineers shall promptly issue a certificate of need for recovery of the applicable disaster zone from a disaster to the person or entity that submitted the request for the certification. (6) Records.--The Chief of Engineers shall maintain records of certifications made, and certificates issued, under this subsection. (e) Effect on Claims and Law.-- (1) Claims for loss; enforcement actions.--Nothing in this section applies to-- (A) any claim for loss under any workers compensation law; or (B) any enforcement action that any governmental entity may bring against any person or entity allegedly for violating any Federal or State law (including a regulation). (2) Government contractor defense.--Nothing in this section limits or restricts the government contractor defense as that defense exists at common law. (3) Recklessness or willful misconduct.--Nothing in subsection (b), (c), or (d) affects the liability of any person or entity for recklessness or willful misconduct.

Gulf Coast Recovery Act - Prohibits any person or entity awarded a government contract to perform rescue, recovery, repair, or reconstruction work in any part of a disaster zone, as a result of the performance of that work, from being subject to liability that any private party may seek to impose under any provision of federal law (including any regulation) that: (1) is administered by the Secretary of the Army, the Administrator of the Environmental Protection Agency (EPA), or the Secretary of Transportation; and (2) otherwise permits the filing of a lawsuit by a private individual. Sets forth provisions with respect to a federal cause of action for claims arising out of, relating to, or resulting from the performance of a government contract in a disaster zone for: (1) the search, rescue, or recovery of individuals or property dislocated by the disaster; (2) the demolition, removal, repair, or reconstruction of structures or utilities damaged by the disaster; (3) the clean-up or remediation of property polluted by the disaster; (4) the removal of debris deposited by the disaster (including dredging); or (5) the dewatering of property flooded by the disaster. Makes the Chief of Engineers of the Department of the Army exclusively responsible for the review of any government contract that any person or entity claims to be necessary for the recovery of a disaster zone from a disaster for the purpose of establishing a government contractor defense in any lawsuit for claims relating to the performance of a government contract.

A bill to clarify the liability of government contractors assisting in rescue, recovery, repair, and reconstruction work in the Gulf Coast region of the United States affected by Hurricane Katrina or other major disasters.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Smoking Prevention Act of 1998''. SEC. 2. PENALTY FOR SMOKERS. (a) Group Health Plans.-- (1) Public health service act amendments.--(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. 2706. STANDARD RELATING TO SMOKERS. ``(a) Requirement.--In the case of benefits consisting of medical care provided under a group health plan, or in the case of group health insurance coverage offered by a health insurance issuer in connection with a group health plan, the plan or issuer-- ``(1) shall deny, cancel, or refuse to renew such benefits or such coverage on the basis that a participant or beneficiary (or family member of a participant or beneficiary) refuses testing by a licensed physician to determine whether or not such participant or beneficiary is a smoker; and ``(2) shall increase the premiums for such benefits or coverage by 10 percent for any participant or beneficiary under the plan on the basis that a licensed physician has determined that the participant or beneficiary (or family member of the participant or beneficiary) is a smoker. ``(b) Definition of Family Member.--For purposes of this section the term `family member' means, with respect to an individual, a spouse or child of the individual. ``(c) Notice.--A group health plan under this part shall comply with the notice requirement under section 713(b) 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.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)), as amended by section 604(b)(2) of Public Law 104-204, is amended by striking ``section 2704'' and inserting ``sections 2704 and 2706''. (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. 713. STANDARD RELATING SMOKERS. ``(a) Requirement.--In the case of benefits consisting of medical care provided under a group health plan, or in the case of group health insurance coverage offered by a health insurance issuer in connection with a group health plan, the plan or issuer-- ``(1) shall deny, cancel, or refuse to renew such benefits or such coverage on the basis that a participant or beneficiary (or family member of a participant or beneficiary) refuses testing by a licensed physician to determine whether or not such participant or beneficiary is a smoker; and ``(2) shall increase the premiums for such benefits or coverage by 10 percent for any participant or beneficiary under the plan on the basis that a licensed physician has determined that the participant or beneficiary (or family member of the participant or beneficiary) is a smoker. ``(b) Definition of Family Member.--For purposes of this section the term `family member' means, with respect to an individual, a spouse or child of the individual. ``(c) Notice Under Group Health Plan.--The imposition of the requirement of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirement apply.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)), as amended by section 603(b)(1) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as amended by section 603(b)(2) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Standard relating to smokers.''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2751 the following new section: ``SEC. 2752. STANDARD RELATING TO SMOKERS. ``(a) In General.--The provisions of section 2706(a) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply 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 713(b) 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)), as added by section 605(b)(3)(B) of Public Law 104-204, is amended by striking ``section 2751'' and inserting ``sections 2751 and 2752''. (c) Effective Dates.--(1) Subject to paragraph (3), the amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 1999. (2) The amendment 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 such date. (3) In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made subsection (a) shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) January 1, 1999. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (d) Coordinated Regulations.--Section 104(1) of Health Insurance Portability and Accountability Act of 1996 is amended by striking ``this subtitle (and the amendments made by this subtitle and section 401)'' and inserting ``the provisions of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, the provisions of parts A and C of title XXVII of the Public Health Service Act, and chapter 100 of the Internal Revenue Code of 1986''.

Common Sense Smoking Prevention Act of 1998 - Amends the Public Health Service Act (PHSA) and the Employee Retirement Income Security Act of 1974 (ERISA) to mandate that group and individual health insurance policies and group health plans charge higher premiums for smokers and deny medical care benefits coverage for beneficiaries who refuse testing to determine whether or not they smoke. Prescribes certain notice requirements under PHSA and ERISA with respect to such requirements.

Common Sense Smoking Prevention Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Safety Enhancements Act of 2008''. TITLE I--ELEMENTARY AND SECONDARY EDUCATION SAFETY ENHANCEMENTS SEC. 101. GRANT PROGRAM FOR SCHOOL SECURITY. Section 2701 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797a) is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) by striking ``Placement'' and inserting ``Installation''; and (ii) by inserting ``surveillance equipment,'' after ``detectors,''; (B) by redesignating paragraph (5) as paragraph (6); and (C) by inserting after paragraph (4) the following: ``(5) Establishment of hotlines or tiplines for the reporting of potentially dangerous students and situations.''; (2) by striking subsection (d)(1) and inserting the following: ``(1) The Federal share of the costs of a program provided by a grant under subsection (a) shall be not more than 80 percent of the total of such costs.''; and (3) by adding at the end the following: ``(g) Interagency Task Force.--Not later than 60 days after the date of enactment of the School Safety Enhancements Act of 2008, the Director and the Secretary of Education, or the designee of the Secretary, shall establish an interagency task force to develop and promulgate a set of advisory school safety guidelines. The advisory school safety guidelines shall be published in the Federal Register by not later than one year after such date of enactment. In developing the final advisory school safety guidelines, the interagency task force shall consult with stakeholders and interested parties, including parents, teachers, and agencies.''. SEC. 102. APPLICATIONS. Section 2702(a)(2) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797b(a)(2)) is amended to read as follows: ``(2) be accompanied by a report, signed by the chief education officer and the attorney general or other chief law enforcement executive of the State, unit of local government, or Indian tribe, certifying that each proposed use of the grant funds will be-- ``(A) an effective means for improving the safety of one or more schools; ``(B) consistent with a comprehensive approach to preventing school violence; and ``(C) individualized to the needs of each school at which those improvements are to be made.''. SEC. 103. ANNUAL REPORT TO CONGRESS. Section 2703 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797c) is amended by striking ``and the activities for which those funds were used'' and inserting ``and a detailed itemization of how those funds were utilized''. SEC. 104. AUTHORIZATION OF APPROPRIATIONS. Section 2705 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797e) is amended by striking ``$30,000,000 for each of fiscal years 2001 through 2009'' and inserting ``$50,000,000 for each of the fiscal years 2009 and 2010''. SEC. 105. ADDITIONAL AMENDMENT. Paragraph (5) of section 2701(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797a(b)) (as amended by section 101 of this Act) is further amended by inserting ``, including hazardous conditions'' after ``and situations''. SEC. 106. ADDITIONAL AMENDMENT TO THE GRANT PROGRAM FOR SCHOOL SECURITY. Section 2701(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797a(b)) (as amended by sections 101 and 105 of this Act) is further amended by inserting after paragraph (4) the following new paragraph (and redesignating the succeeding paragraphs accordingly): ``(5) Development and implementation of safety measures to protect students in the event of a terrorist attack or other hazardous condition or situation.''. TITLE II--HIGHER EDUCATION SECURITY ENHANCEMENT SEC. 201. REQUIREMENT FOR CAMPUS SAFETY ASSESSMENTS. Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end the following: ``(n) Campus Safety Assessment.--Each eligible institution participating in any program under this title shall conduct an annual campus safety assessment that shall be prepared through consultation between the institution's staff, including safety and security personnel, and local law enforcement officials.''. SEC. 202. REQUIREMENT FOR CAMPUS EMERGENCY RESPONSE PLANS. Section 485 of the Higher Education Act of 1965, as amended in section 201 (20 U.S.C. 1092), is further amended by adding at the end the following: ``(o) Campus Emergency Response Plan.--Each eligible institution participating in any program under this title shall develop and implement a campus emergency response plan to address a comprehensive set of emergency situations, including the following: ``(1) Natural disasters. ``(2) Active shooter situations. ``(3) Terrorist attacks.''. Passed the House of Representatives September 17, 2008. Attest: LORRAINE C. MILLER, Clerk.

School Safety Enhancements Act of 2008 - Title I: Elementary and Secondary Education Safety Enhancements - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to allow matching grants to states, localities, and Indian tribes for public elementary and secondary school security to be used for: (1) installing and using surveillance equipment in schools; (2) developing and implementing safety measures to protect students in the event of a terrorist attack or other hazardous condition or situation; and (3) establishing hotlines or tiplines for reporting potentially dangerous students and situations, including hazardous conditions. Increases the maximum federal share of program costs from 50% to 80%. Requires the Director of the Bureau of Justice Assistance and the Secretary of Education to establish an interagency task force to develop and promulgate advisory school safety guidelines. Requires grant applicants to include in their applications a report, signed by their chief education officer and attorney general or other chief law enforcement executive, certifying that the security measures to be funded: (1) will effectively improve school safety; (2) fit into a comprehensive approach to preventing school violence; and (3) are individualized to the needs of each school at which they are to be implemented. Authorizes appropriations for such grant program for FY2009-FY2010. Title II: Higher Education Security Enhancement - Amends the Higher Education Act of 1965 to require each institution of higher education participating in any program under title IV (Student Assistance) of that Act to: (1) conduct an annual campus safety assessment in consultation with local law enforcement officials; and (2) develop and implement a campus emergency response plan that addresses a comprehensive set of emergency situations, including natural disasters, active shooter situations, and terrorism.

To enhance the safety of elementary schools, secondary schools, and institutions of higher education.

SECTION 1. MENTAL HEALTH AND STUDENT SERVICE PROVIDERS. Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.) is amended by adding at the end the following: ``PART L--MENTAL HEALTH AND STUDENT SERVICE PROVIDERS ``SEC. 10993. FINDINGS. ``Congress finds the following: ``(1) Although 7,500,000 children under the age of 18 require mental health services, fewer than 1 in 5 of these children receive the services. ``(2) Across the United States, counseling professionals are stretched thin, and often students do not get the help the students need. The current national average ratio of students to counselors in elementary and secondary schools is 513:1. ``(3) United States schools need more mental health professionals, and the flexibility to hire the professionals that will best serve their students. ``(4) The maximum recommended ratio of-- ``(A) students to counselors is 250:1; ``(B) students to psychologists is 1,000:1; and ``(C) students to social workers is 800:1. ``(5) In States like California or Minnesota, 1 counselor typically serves more than 1,000 students. In some schools, no counselor is available to assist students in times of crisis, or at any other time. In Colorado, the average student-to- counselor ratio is 645:1. ``(6) The number of students is expected to grow significantly over the next few years. During this time, many school-based mental health professionals who currently serve our Nation's youth will retire. Not counting these retirements, over 100,000 new school counselors will be needed to decrease the student-to-counselor ratio to 250:1 by the year 2005. ``(7) The Federal support for reducing the student-to- counselor ratio would pay for itself, through reduced incidences of death, violence, and substance abuse, and through improvements in students' academic achievement, graduation rates, college attendance, and employment. ``SEC. 10993A. PURPOSE. ``The purpose of this part is to help States and local educational agencies recruit, train, and hire 141,000 additional school-based mental health personnel, including 100,000 additional counselors, 21,000 additional school psychologists, and 20,000 additional school social workers over a 5-year period-- ``(1) to reduce the student-to-counselor ratios nationally, in elementary and secondary schools, to an average of-- ``(A) 1 school counselor for every 250 students ``(B) 1 school psychologist for every 1,000 students; and ``(C) 1 social worker for every 800 students; as recommended in a report by the Institute of Medicine of the National Academy of Sciences relating to schools and health, issued in 1997; ``(2) to help adequately address the mental, emotional, and developmental needs of elementary and secondary school students; ``(3) to remove the emotional, behavioral, and psycho- social barriers to learning so as to enhance the classroom preparedness and ability to learn of students; ``(4) to support school staff and teachers in improving classroom management, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services; and ``(5) to support parents in improving the school behavior and academic success of their children. ``SEC. 10993B. DEFINITIONS. ``In this part: ``(1) Mental health and student service provider.--The term `mental health and student service provider' includes a qualified school counselor, school psychologist, or school social worker. ``(2) Mental health and student services.--The term `mental health and student services' includes direct, individual, and group services provided to students, parents, and school personnel by mental health and student service providers, or the coordination of prevention strategies in schools or community-based programs. ``(3) Poverty line.--The term ``poverty line'' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved. ``(4) School counselor.--The term `school counselor' means an individual who has documented competence in counseling children and adolescents in a school setting and who-- ``(A) possesses State licensure or certification granted by an independent professional regulatory authority; ``(B) in the absence of such State licensure or certification, possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or ``(C) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent. ``(5) School psychologist.--The term `school psychologist' means an individual who-- ``(A) possesses a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours shall be in the school setting; ``(B) possesses State licensure or certification in the State in which the individual works; or ``(C) in the absence of such State licensure or certification, possesses national certification by the National School Psychology Certification Board. ``(6) School social worker.--The term `school social worker' means an individual who holds a master's degree in social work and is licensed or certified by the State in which services are provided or holds a school social work specialist credential. ``(7) State.--The term `State' means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. ``SEC. 10993C. ALLOTMENTS TO STATES. ``(a) Allotments.--From the amount appropriated under section 10993H for a fiscal year, the Secretary-- ``(1) shall make a total of 1 percent available to the Secretary of the Interior (on behalf of the Bureau of Indian Affairs) and the outlying areas for activities that achieve the purposes of this part; and ``(2) shall allot to each eligible State the same percentage of the remaining funds as the percentage the State received of funds allocated to States for the previous fiscal year under part A of title I, except that such allotments shall be ratably decreased as necessary. ``(b) State-Level Expenses.--Each State may use not more than \1/2\ of 1 percent of the amount the State receives under this part, or $50,000, whichever is greater, for a fiscal year, for the administrative costs of the State educational agency in carrying out this part. ``SEC. 10993D. STATE APPLICATIONS. ``(a) In General.--To be eligible to receive an allotment under section 10993C, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including an assurance that the State will provide the State share of the cost described in section 10993G. ``(b) Approval.--In approving the applications, the Secretary shall, to the extent practicable, approve applications to fund, in the aggregate, 100,000 additional counselors, 21,000 additional school psychologists, and 20,000 additional school social workers. ``SEC. 10993E. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES. ``(a) Within State Distribution.-- ``(1) In general.--After using funds in accordance with section 10993C(b), each State that receives an allotment under section 10993C shall allocate to eligible local educational agencies in the State the total of-- ``(A) the amount of the allotted funds that remain; and ``(B) the State share of the cost described in section 10993G for the local educational agencies. ``(2) Allocation.--From the total described in paragraph (1), the State shall allocate to each local educational agency an amount equal to the sum of-- ``(A) an amount that bears the same relationship to 80 percent of such total as the number of children in poverty who reside in the school district served by the local educational agency bears to the number of such children who reside in all the school districts in the State; and ``(B) an amount that bears the same relationship to 20 percent of such total as the number of children enrolled in public and private nonprofit elementary schools and secondary schools in the school district served by the local educational agency bears to the number of children enrolled in all such schools in the State. ``(3) Data.--For purposes of paragraph (2), the State shall use data from the most recent fiscal year for which satisfactory data are available, except that the State may adjust such data, or use alternative child poverty data, to carry out paragraph (2) if the State demonstrates to the Secretary's satisfaction that such adjusted or alternative data more accurately reflect the relative incidence of children who are living in poverty and who reside in the school districts in the State. ``(b) Definitions.--In this section: ``(1) Child.--The term `child' means an individual who is not less than 5 and not more than 17. ``(2) Child in poverty.--The term `child in poverty' means a child from a family with an income below the poverty line. ``SEC. 10993F. LOCAL APPLICATIONS. ``To be eligible to receive an allocation under section 10993E, a local educational agency shall submit an application to the State at such time, in such manner, and containing such information as the State may require, including an assurance that the agency will provide the local share of the cost described in section 10993G. ``SEC. 10993G. USE OF FUNDS. ``(a) In General.--A local educational agency that receives an allocation under section 10993E shall use the funds made available through the allocation to pay for the local share of the cost of recruiting, hiring, and training mental health and student service providers to provide mental health and student services, to students in elementary schools and secondary schools, for a 1-year period. ``(b) Federal, State, and Local Shares.-- ``(1) Federal share.--The Federal share of the cost shall be 33\1/3\ percent. ``(2) State share.--The State share of the cost shall be 33\1/3\ percent. ``(3) Local share.--The local share of the cost shall be 33\1/3\ percent. ``(4) Non-federal share.--The non-Federal share of the cost may be provided in cash or in kind, fairly evaluated, including plant, equipment or services. ``SEC. 10993H. AUTHORIZATION OF APPROPRIATIONS. ``To carry out this part, there are authorized to be appropriated $340,000,000 for each of fiscal years 2000 through 2004.''.

Directs the Secretary of Education, after reserving certain funds for schools in outlying areas and schools run by the Bureau of Indian Affairs, to make program allotments to States according to a specified formula. Requires States to allocate Federal and State shares of program costs to LEAs according to specified formulas. Sets forth requirements for State and LEA applications and LEA use of funds. Requires Federal, State, and local shares of program costs to each equal one-third, but allows State and local shares to be in cash or in kind. Authorizes appropriations.

To recruit, hire, and train additional school-based mental health personnel.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vaccines for the Future Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) AIDS.--The term ``AIDS'' has the meaning given the term in section 104A(g) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b-2). (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives. (3) Developing country.--The term ``developing country'' means a country that the World Bank determines to be a country with a lower middle income or less. (4) HIV/AIDS.--The term ``HIV/AIDS'' has the meaning given the term in section 104A(g) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b-2). (5) GAVI alliance.--The term ``GAVI Alliance'' means the public-private partnership launched in 2000 for the purpose of saving the lives of children and protecting the health of all people through the widespread use of vaccines. (6) Neglected disease.--The term ``neglected disease'' means-- (A) HIV/AIDS; (B) malaria; (C) tuberculosis; or (D) any infectious disease that, according to the World Health Organization, afflicts over 1,000,000 people and causes more than 250,000 deaths each year in developing countries. (7) World bank.--The term ``World Bank'' means the International Bank for Reconstruction and Development. SEC. 3. FINDINGS. Congress makes the following findings: (1) Immunization is an inexpensive and effective public health intervention that has had a profound life-saving impact around the world. (2) During the 20th century, global immunization efforts have successfully led to the eradication of smallpox and the elimination of polio from the Western Hemisphere, Europe, and most of Asia. Vaccines for diseases such as measles and tetanus have dramatically reduced childhood mortality worldwide, and vaccines for diseases such as influenza, pneumonia, and hepatitis help prevent sickness and death of adults as well as children. (3) According to the World Health Organization, combined, AIDS, tuberculosis, and malaria kill more than 5,000,000 people a year, most of whom are in the developing world, yet there are no vaccines for these diseases. (4) Other, less well-known neglected diseases, such as pneumococcal disease, lymphatic filariasis, leptospirosis, leprosy, and onchocerciasis, result in severe health consequences for individuals afflicted with them, such as anemia, blindness, malnutrition and impaired childhood growth and development. In addition, these diseases result in lost productivity in developing countries costing in the billions of dollars. (5) Infants, children, and adolescents are among the populations hardest hit by AIDS, malaria, and many other neglected diseases. Nearly 11,000,000 children under age 5 die each year due to these diseases, primarily in developing countries. Existing and future vaccines that target children could prevent more than 2,500,000 of these illnesses and deaths. (6) The devastating impact of neglected diseases in developing countries threatens the political and economic stability of these countries and constitutes a threat to United States economic and security interests. (7) Of more than $100,000,000,000 spent on health research and development across the world, only $6,000,000,000 is spent each year on diseases that are specific to developing countries, most of which is from public and philanthropic sources. (8) Despite the devastating impact these and other diseases have on developing countries, it is estimated that only 10 percent of the world's research and development on health is targeted on diseases affecting 90 percent of the world's population. (9) Because the developing country market is small and unpredictable, there is an insufficient private sector investment in research for vaccines for neglected diseases that disproportionately affect populations in developing countries. (10) Creating a broad range of economic incentives to increase private sector research on neglected diseases is critical to the development of vaccines for neglected diseases. (11) In recognition of the need for more economic incentives to encourage private sector investment in vaccines for neglected diseases, an international group of health, technical, and economic experts has developed a framework for an advance market commitment pilot program for pneumococcal vaccines. Pneumococcal disease, a cause of pneumonia and meningitis, kills 1,600,000 people every year, an estimated 1,000,000 of whom are children under age 5. This pilot program will seek to stimulate investments to develop and produce pneumococcal vaccines that could prevent between 500,000 and 700,000 deaths by the year 2020. (12) On February 9, 2007, 5 countries, Britain, Canada, Italy, Norway, and Russia, together with the Bill and Melinda Gates Foundation, pledged, under a plan called an Advance Market Commitment, to purchase pneumococcal vaccines now under development. Together, these countries and the Bill and Melinda Gates Foundation have committed $1,500,000,000 for this program. Experts believe that this initiative could accelerate by a decade the widespread use of such a vaccine in the developing world and could prevent the deaths of an estimated 5,400,000 children by 2030. SEC. 4. SENSE OF CONGRESS ON SUPPORT FOR NEGLECTED DISEASES. It is the sense of Congress that-- (1) the President should continue to encourage efforts to support the Global HIV Vaccine Enterprise, a virtual consortium of scientists and organizations committed to accelerating the development of an effective HIV vaccine; (2) the United States should work with the Global Fund to Fight AIDS, Tuberculosis and Malaria, the Joint United Nations Programme on HIV/AIDS (``UNAIDS''), the World Health Organization, the International AIDS Vaccine Initiative, the GAVI Alliance, and the World Bank to ensure that all countries heavily affected by the HIV/AIDS pandemic have national AIDS vaccine plans; (3) the United States should support and encourage the carrying out of the agreements of the Group of 8 made at the 2005 Summit at Gleneagles, Scotland, to increase direct investment and create market incentives, including through public-private partnerships and advance market commitments, to complement public research in the development of vaccines, microbicides, and drugs for HIV/AIDS, malaria, tuberculosis, and other neglected diseases; (4) the United States should support the development of effective vaccines for infants, children, and adolescents as early as is medically and ethically appropriate, in order to avoid significant delays in the availability of pediatric vaccines at the cost of thousands of lives; (5) the United States should continue supporting the work of the GAVI Alliance and the Global Fund for Children's Vaccines as appropriate and effective vehicles to purchase and distribute vaccines for neglected diseases at an affordable price once such vaccines are discovered in order to distribute them to the developing world; (6) the United States should work with others in the international community to address the multiple obstacles to the development of vaccines for neglected diseases including scientific barriers, insufficient economic incentives, protracted regulatory procedures, lack of delivery systems for products once developed, liability risks, and intellectual property rights; and (7) the United States should contribute to the pilot Advance Market Commitment for pneumococcal vaccines launched in Rome on February 9, 2007, which could prevent some 500,000 to 700,000 child deaths by the year 2020 and an estimated 5,400,000 child deaths by 2030. SEC. 5. PUBLIC-PRIVATE PARTNERSHIPS. (a) Findings.--Congress makes the following findings: (1) Partnerships between governments and the private sector (including foundations, universities, corporations, community- based organizations, and other nongovernmental organizations) are playing a critical role in the area of global health, particularly in the fight against neglected diseases, including HIV/AIDS, tuberculosis, and malaria. (2) These public-private partnerships improve the delivery of health services in developing countries and accelerate research and development of vaccines and other preventive medical technologies essential to combating infectious diseases that disproportionately kill people in developing countries. (3) These public-private partnerships maximize the unique capabilities of each sector while combining financial and other resources, scientific knowledge, and expertise toward common goals which cannot be achieved by either sector alone. (4) Public-private partnerships such as the International AIDS Vaccine Initiative, PATH's Malaria Vaccine Initiative, and the Global TB Drug Facility are playing cutting edge roles in the efforts to develop vaccines for these diseases. (5) Public-private partnerships serve as incentives to the research and development of vaccines for neglected diseases by providing biotechnology companies, which often have no experience in developing countries, with technical assistance and on the ground support for clinical trials of the vaccine through the various stages of development. (6) Sustaining existing public-private partnerships and building new ones where needed are essential to the success of the efforts by the United States and others in the international community to find a cure for these and other neglected diseases. (b) Sense of Congress.--It is the sense of Congress that-- (1) the sustainment and promotion of public-private partnerships must be a central element of the strategy pursued by the United States to create effective incentives for the development of vaccines and other preventive medical technologies for neglected diseases debilitating the developing world; and (2) the United States Government should take steps to address the obstacles to the development of these technologies by increasing investment in research and development and establishing market and other incentives. SEC. 6. COMPREHENSIVE STRATEGY FOR ACCELERATING THE DEVELOPMENT OF VACCINES FOR NEGLECTED DISEASES. (a) Requirement for Strategy.--The President shall establish a comprehensive strategy to accelerate efforts to develop vaccines and microbicides for neglected diseases such as HIV/AIDS, malaria, and tuberculosis. Such strategy shall-- (1) expand public-private partnerships and seek to leverage resources from other countries and the private sector; (2) include the negotiation of advance market commitments and other initiatives to create economic incentives for the research, development, and manufacturing of vaccines and microbicides for HIV/AIDS, tuberculosis, malaria, and other neglected diseases; (3) address intellectual property issues surrounding the development of vaccines and microbicides for neglected diseases; (4) maximize United States capabilities to support clinical trials of vaccines and microbicides in developing countries; (5) address the issue of regulatory approval of such vaccines and microbicides, whether through the Commissioner of the Food and Drug Administration, or the World Health Organization, or another entity; and (6) expand the purchase and delivery of existing vaccines. (b) Report.--Not later than 180 days after the date of enactment of this Act, the President shall submit to the appropriate congressional committees a report setting forth the strategy described in subsection (a) and the steps to implement such strategy. SEC. 7. ADVANCE MARKET COMMITMENTS. (a) Purpose.--The purpose of this section is to improve global health by creating a competitive market for future vaccines through advance market commitments. (b) Authority to Negotiate.-- (1) In general.--The Secretary of the Treasury shall enter into negotiations with the appropriate officials of the World Bank, the International Development Association, and the GAVI Alliance, the member nations of such entities, and other interested parties for the purpose of establishing advance market commitments to purchase vaccines and microbicides to combat neglected diseases. (2) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the status of the negotiations to create advance market commitments under this section. This report may be submitted as part of the report submitted under section 6(b). (c) Requirements.--The Secretary of the Treasury shall work with the entities referred to in subsection (b) to ensure that there is an international framework for the establishment and implementation of advance market commitments and that such commitments include-- (1) legally binding contracts for product purchase that include a fair market price for a guaranteed number of treatments to ensure that the market incentive is sufficient; (2) clearly defined and transparent rules of competition for qualified developers and suppliers of the product; (3) clearly defined requirements for eligible vaccines to ensure that they are safe and effective; (4) dispute settlement mechanisms; and (5) sufficient flexibility to enable the contracts to be adjusted in accord with new information related to projected market size and other factors while still maintaining the purchase commitment at a fair price. (d) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2009 through 2014 to fund an advance market commitment pilot program for pneumococcal vaccines. (2) Availability.--Amounts appropriated pursuant to this subsection shall remain available until expended without fiscal year limitation.

Vaccines for the Future Act of 2007 - Directs the President to establish a comprehensive strategy to accelerate efforts to develop vaccines and microbicides for neglected diseases such as HIV/AIDS, malaria, and tuberculosis. States that such strategy shall: (1) expand public-private partnerships and seek to leverage foreign country and private sector resources; (2) include the negotiation of advance market commitments and other economic incentives for the research, development, and manufacturing of vaccines and microbicides for HIV/AIDS, tuberculosis, malaria, and other neglected diseases; (3) address related intellectual property and regulatory issues; (4) maximize U.S. capabilities to support clinical trials of vaccines and microbicides in developing countries; and (5) expand the purchase and delivery of existing vaccines. Directs the Secretary of the Treasury to enter into negotiations with the World Bank, the International Development Association, the GAVI Alliance, such entities' member nations, and other interested parties to establish advance market commitments to purchase vaccines and microbicides to combat neglected diseases. (Defines "GAVI Alliance" as the public-private partnership launched in 2000 for the purpose of saving children and protecting all people through the widespread use of vaccines.)

A bill to accelerate efforts to develop vaccines for diseases primarily affecting developing countries and for other purposes.

SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``Nursing Home Staffing and Quality Improvement Act of 2000''. (b) References.--Except where otherwise specifically provided, references in this Act shall be considered to be made to the Social Security Act, or to a section or other provision thereof, and references to the ``Secretary'' shall be considered to be made to the Secretary of Health and Human Services. SEC. 2. GRANTS TO STATES FOR IMPROVEMENTS IN NURSING HOME STAFFING AND QUALITY. (a) Secretary's Authority To Award Grants.--The Secretary shall establish a program of competitive grants to States, in accordance with the provisions of this section, for the purpose of improving the quality of care furnished in nursing homes operating in the State. (b) Applications and Eligibility for Grants.-- (1) Initial application.--A State seeking a grant to conduct a project under this section shall submit an application containing such information and assurances as the Secretary may require, including-- (A) a commitment to submit annual reports describing the State's progress in increasing staffing levels and making other quality improvements in nursing homes in the State; and (B) a description of a plan for evaluation of the activities carried out under the grant, including a plan for measurement of progress toward the goals and objectives of the program, consistent with the principles of the Government Performance and Results Act. (2) Consultation with public.--Before submitting an application for a grant under this section, States shall solicit and consider the views of members of the public, nursing home residents or their representatives, and other persons concerned with the administration of nursing homes within the State with respect to the design of the proposed State program. (3) Eligibility.-- (A) Initial eligibility.--A State shall not be eligible for a grant award under this section unless it makes assurances satisfactory to the Secretary that the skilled nursing facilities (as defined in section 1819(a)) and nursing facilities (as defined in section 1919(a)) within the State will reach or exceed the minimum staff level described in subsection (d)(2) within two years after enactment of this Act and will maintain such level throughout the remainder of the grant program. (B) Continuing eligibility.--A State shall not be eligible for the continuation of grant funding under a multi-year grant under this section unless the State demonstrates to the Secretary's satisfaction that it continues to meet the requirement described in subparagraph (A) and has made sufficient progress in meeting the goals described in its grant application. (c) Use of Grant Funds.--Funds received by a State under this section may be provided to entities including nursing homes, labor management partnerships, and educational institutions, and may be used for any or all of the following purposes: (1) To enable a nursing home to recruit additional nursing staff or to retain existing nursing staff (including through the use of reasonable financial incentives or reasonable benefit enhancements). (2) To increase education and training of nursing staff (including designing or implementing programs to promote the career advancement of certified nurse aides). (3) To provide bonuses to nursing homes meeting State quality standards or avoiding serious quality violations for a period of one or more years. (4) Such other nursing home staffing and quality improvement initiatives as the Secretary may approve. (d) Distribution of Funds.-- (1) In general.--Subject to subsection (b), in awarding grants under this section, the Secretary shall award no more than 25 percent of the funds to States in which, as of the date of the enactment of this section, skilled nursing facilities (as defined in section 1819(a)) and nursing facilities (as defined in section 1919(a)) have reached or exceeded the minimum staff level specified in paragraph (2) (as determined by the Secretary). (2) Minimum nursing home staff level.-- (A) In general.--Subject to subparagraph (B), for purposes of subsection (b) and paragraph (1), the level specified in this paragraph for a skilled nursing facility or nursing facility is a staff level sufficient to ensure that each resident receives from a certified nurse aide at least 2 hours per day of direct care (including repositioning the resident and changing wet clothes, assisting with feeding, exercise, and toileting, and working to enhance a resident's independence with respect to activities of daily living). (B) Secretary's authority to increase minimum staff level.--The Secretary may establish a minimum staff level that is higher than that specified in subparagraph (A). Any such revised staff level shall be effective no earlier than six months after the date on which Secretary provides notice to States of the new requirement. (3) Multi-year grant funds.--The Secretary shall award any multi-year grant under this section from amounts appropriated (or available pursuant to subsection (e)(2)) for the first fiscal year of the grant. (e) Appropriations and Availability of Civil Money Penalty (CPM) Collections.-- (1) Appropriations.--There are appropriated for all costs to the Secretary for carrying out the program under this section $200,000,000 for each of fiscal years 2001 through 2005, such funds to remain available to the Secretary through the end of the first succeeding fiscal year. (2) Availability of cmp collections.--In addition to the amounts appropriated pursuant to paragraph (1), there shall be available to the Secretary for such costs for such fiscal years any amounts deposited in the Nursing Facility Civil Money Penalties Collection Account established under section 4. SEC. 3. ENHANCED NURSING FACILITY REPORTING REQUIREMENTS. (a) Medicare.-- (1) Submission of nursing staff level data to the secretary.--Section 1819(b) (42 U.S.C. 1395i-3(b)) is amended by adding at the end the following new paragraph: ``(8) Data on staffing levels.-- ``(A) Submission to secretary.--A skilled nursing facility shall submit to the Secretary, in such form and manner and at such intervals as the Secretary may require, data with respect to nursing staff of the facility. Such data shall include the total number of nursing staff hours furnished during the period specified by the Secretary (including totals for each shift worked during such period) by the facility to residents for which payment is made under section 1888(e), broken down by total certified nurse aide hours, total licensed practical or vocational nurse hours, and total registered nurse hours, and shall also include the average wage rate for each class of nursing staff employed by the facility. ``(B) Publication.--The Secretary shall provide for the publication on the Internet Site of the Department of Health and Human Services known as Nursing Home Compare the facility-specific nursing staff information collected pursuant to subparagraph (A). The Secretary shall update such information periodically.''. (2) Posting of information on nursing facility staffing.-- Section 1819(b) (42 U.S.C. 1395i-3(b)), as amended by paragraph (1), is further amended by adding at the end the following new paragraph: ``(9) Information on nurse staffing.-- ``(A) In general.--A skilled nursing facility shall post daily for each nursing unit of the facility and for each shift the current number of licensed and unlicensed nursing staff directly responsible for resident care. The information shall be displayed in a uniform manner (as specified by the Secretary) and in a clearly visible place. ``(B) Publication of data.--A skilled nursing facility shall, upon request, make available to the public the nursing staff data described in subparagraph (A).''. (3) Information concerning patient classification.--Section 1819(b)(4)(C) (42 U.S.C. 1395i-3(b)(4)(C)) is amended by adding at the end the following new clause: ``(iii) Information concerning residents.-- The skilled nursing facility shall provide the Secretary, in such form and manner and at such intervals as the Secretary may require, a classification of all residents of the skilled nursing facility that accords with the patient classification system described in section 1888(e)(3)(B)(ii), or such successor system as the Secretary may identify.''. (b) Medicaid.-- (1) In general.--Section 1919(b) (42 U.S.C. 1396r) is amended by adding at the end the following new paragraph: ``(8) Data on staffing levels.-- ``(A) Submission to secretary.--A nursing facility shall submit to the Secretary, in such form and manner and at such intervals as the Secretary may require, data with respect to nursing staff of the facility. Such data shall include the total number of nursing staff hours furnished during the period specified by the Secretary (including totals for each shift worked during such period) by the facility to residents for which payment is made under this title, broken down by total certified nurse aide hours, total licensed practical or vocational nurse hours, and total registered nurse hours, and shall also include the average wage rate for each class of nursing staff employed by the facility. ``(B) Publication.--The Secretary shall provide for the publication on the Internet Site of the Department of Health and Human Services known as Nursing Home Compare the facility-specific nursing staff information collected pursuant to subparagraph (A). The Secretary shall update such information periodically.''. (2) Posting of information on nursing facility staffing.-- Section 1919(b) (42 U.S.C. 1395r(b)), as amended by paragraph (1), is further amended by adding at the end the following new paragraph: ``(9) Information on nurse staffing.-- ``(A) In general.--A nursing facility shall post daily for each nursing unit of the facility and for each shift the current number of licensed and unlicensed nursing staff directly responsible for resident care. The information shall be displayed in a uniform manner (as specified by the Secretary) and in a clearly visible place. ``(B) Publication of data.--A nursing facility shall, upon request, make available to the public the nursing staff data described in subparagraph (A).''. (3) Information concerning patient classification.--Section 1919(b)(4)(C) (42 U.S.C. 1396r(b)(4)(C)) is amended by adding at the end the following new clause: ``(iv) Information concerning residents.-- The nursing facility shall provide the Secretary, in such form and manner and at such intervals as the Secretary may require, a classification of all residents of the nursing facility that accords with the patient classification system described in section 1888(e)(3)(B)(ii), or such successor system as the Secretary may identify.''. SEC. 4. NURSING FACILITY CIVIL MONEY PENALTY COLLECTIONS. (a) Establishment of nursing facility civil money penalty collections account.--Section 1128A (42 U.S.C. 1320a-7a) is amended by adding at the end the following new subsection: ``(o) Establishment of Nursing Facility Civil Money Penalty Collections Account.--There is hereby established an account to be known as the ``Nursing Facility Civil Money Penalties Collection Account'' (hereafter in this subsection referred to as the ``Account''). Notwithstanding any other provision of law, there shall be deposited into the Account the Secretary's share of any civil monetary penalties collected under sections 1819 and 1919, all such amounts to be available without fiscal year limitation for repaying the Secretary's share of amounts owed to nursing facilities or skilled nursing facilities pursuant to the final sentence of sections 1819(h)(2)(B)(ii) and 1919(h)(2)(B)(ii), and for awarding grants under section 2 of the Nursing Home Staffing and Quality Improvement Act of 2000.''. (b) Authority To Collect CMPS Immediately.-- (1) Medicare.--Section 1819(h)(2)(B)(ii) (42 U.S.C. 1395i- 3(h)(2)(B)(ii)) is amended by inserting before the final period ``, except that, notwithstanding section 1128A(c)(2) or any other provision of law, the Secretary, upon determining that a civil money penalty should be imposed against a skilled nursing facility pursuant to this paragraph, shall take immediate action to collect such penalty (except where the Secretary finds that such action could jeopardize the health or welfare of residents of the skilled nursing facility). In collecting such penalty, the Secretary may deduct the amount of the penalty from amounts otherwise payable to the facility under this title or take such other actions as the Secretary considers appropriate. If the Secretary's imposition of a penalty under this paragraph is set aside, in whole or in part, as a result of a hearing under section 1128A(c)(2) (or an appeal therefrom) or by a court of competent jurisdiction, and the Secretary elects not to pursue an appeal of such judgment; or has exhausted all appeals, the Secretary shall repay any amount owed to the skilled nursing facility with accrued interest.'' (2) Medicaid.--Section 1919(h)(3)(B)(ii) (42 U.S.C. 1396r(h)(3)(B)(ii)) is amended by inserting before the final period ``, except that, notwithstanding section 1128A(c)(2) or any other provision of law, the Secretary, upon determining that a civil money penalty should be imposed against a nursing facility pursuant to this paragraph, shall take immediate action to collect the penalty (except where the Secretary finds that such action could jeopardize the health or welfare of residents of the nursing facility). In collecting such penalty, the Secretary may direct the State to deduct the amount of the penalty from amounts otherwise payable to the nursing facility under this title or take such other actions as the Secretary, in consultation with the State, considers appropriate. If the Secretary's imposition of a penalty under this paragraph is set aside, in whole or in part, as a result of a hearing under section 1128A(c)(2) (or an appeal therefrom) or by a court of competent jurisdiction, and the Secretary elects not to pursue an appeal of such judgment, or has exhausted all appeals, the Secretary shall repay, or shall direct the State to repay, any amount owed to the nursing facility with accrued interest.''

Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to add requirements for skilled nursing facilities and nursing facilities to report to the Secretary on data regarding staffing levels and information regarding patient classification. Establishes the Nursing Facility Civil Money Penalties Collection Account to be used for awarding grants under this Act.

Nursing Home Staffing and Quality Improvement Act of 2000

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 TAX CODE. (a) Short Title.--This Act may be cited as the ``Foreign Tax Simplification Act of 1993''. (b) Amendment of 1986 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 the Internal Revenue Code of 1986. SEC. 2. LIMITED APPLICATION OF UNIFORM CAPITALIZATION RULES TO FOREIGN PERSONS. (A) In General.--Section 263A(c) (relating to exceptions) is amended by adding at the end thereof the following new paragraph: ``(7) Foreign persons.--This section shall not apply to any foreign person except to the extent necessary for the computation of taxable income under sections 871(b)(2) and 882(a)(2) for purposes of the taxes imposed by sections 871(b)(1) and 882(a)(1).'' (b) Effective Date.--The amendment made by this section shall apply to costs incurred after December 31, 1993, in taxable years ending after such date. SEC. 3. DEFINITION OF PASSIVE FOREIGN INVESTMENT COMPANY. (a) Exclusion of Controlled Foreign Corporations.--Section 1296 (defining passive foreign investment company) is amended by adding at the end thereof the following new subsection: ``(e) Section 957 Corporations.--For purposes of this part, a foreign corporation shall not be considered a passive foreign investment company for any day on which such corporation was a controlled foreign corporation to which section 957(a) applied.'' (b) Effective Date.-- (1) In general.--The amendment made by this section shall apply to taxable years of foreign corporations ending after December 31, 1992. (2) Transition rule.--If, for the 1st taxable year to which the amendment made by this section applies, a foreign corporation which was a passive foreign investment corporation for any preceding taxable year is not such a corporation for such 1st taxable year by reason of such amendment, section 1297(b)(1) of the Internal Revenue Code of 1986 shall not apply to such 1st taxable year and subsequent taxable years solely by reason of such corporation being a passive foreign investment corporation before such 1st taxable year. SEC. 4. APPLICATION OF SEPARATE FOREIGN TAX CREDIT LIMITATION FOR NONCONTROLLED SECTION 902 CORPORATIONS. (a) In General.--Subparagraph (E) of section 904(d)(1) (relating to separate application of section with respect to certain categories of income) is amended to read as follows: ``(E) in the case of a corporation, dividends from all noncontrolled section 902 corporations,''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1992. SEC. 5. EXCHANGE RATE USED IN TRANSLATING FOREIGN TAXES. (a) Accrued Taxes Translated by Using Average Rate for Year to Which Taxes Relate.-- (1) In general.--Subsection (a) of section 986 (relating to translation of foreign taxes) is amended to read as follows: ``(a) Foreign Income Taxes.-- ``(1) Translation of accrued taxes.-- ``(A) In general.--For purposes of determining the amount of the foreign tax credit, in the case of a taxpayer who takes foreign income taxes into account when accrued, the amount of any foreign income taxes (and any adjustment thereto) shall be translated into dollars by using the average exchange rate for the taxable year to which such taxes relate. ``(B) Exception for taxes not paid within following 2 years.-- ``(i) Subparagraph (A) shall not apply to any foreign income taxes paid after the date 2 years after the close of the taxable year to which such taxes relate. ``(ii) Subparagraph (A) shall not apply to taxes paid before the beginning of the taxable year to which such taxes relate. ``(C) Exception for inflationary currencies.--To the extent provided in regulations, subparagraph (A) shall not apply to any foreign income taxes the liability for which is denominated in any currency determined to be an inflationary currency under such regulations. ``(D) Cross reference.-- ``For adjustments where tax is not paid within 2 years, see section 905(c). ``(2) Translation of taxes to which paragraph (1) does not apply.--For purposes of determining the amount of the foreign tax credit, in the case of any foreign income taxes to which subparagraph (A) of paragraph (1) does not apply-- ``(A) such taxes shall be translated into dollars using the exchange rates as of the time such taxes were paid to the foreign country or possession of the United States, and ``(B) any adjustment to the amount of such taxes shall be translated into dollars using-- ``(i) except as provided in clause (ii), the exchange rate as of the time when such adjustment is paid to the foreign country or possession, or ``(ii) in the case of any refund or credit of foreign income taxes, using the exchange rate as of the time of the original payment of such foreign income taxes. ``(3) Foreign income taxes.--For purposes of this subsection, the term `foreign income taxes' means any income, war profits, or excess profits taxes paid or accrued to any foreign country or to any possession of the United States.'' (2) Adjustment when not paid within 2 years after year to which taxes relate.--Subsection (c) of section 905 is amended to read as follows: ``(c) Adjustments to Accrued Taxes.-- ``(1) In general.--If-- ``(A) accrued taxes when paid differ from the amounts claimed as credits by the taxpayer, ``(B) accrued taxes are not paid before the date 2 years after the close of the taxable year to which such taxes relate, or ``(C) any tax paid is refunded in whole or in part, the taxpayer shall notify the Secretary, who shall redetermine the amount of the tax for the year or years affected. ``(2) Special rule for taxes not paid within 2 years.--In making the redetermination under paragraph (1), no credit shall be allowed for accrued taxes not paid before the date referred to in subparagraph (B) of paragraph (1). Any such taxes if subsequently paid shall be taken into account for the taxable year in which paid and no redetermination under this section shall be made on account of such payment. ``(3) Adjustments.--The amount of tax due on any redetermination under paragraph (1) (if any) shall be paid by the taxpayer on notice and demand by the Secretary, and the amount of tax overpaid (if any) shall be credited or refunded to the taxpayer in accordance with subchapter B of chapter 66 (section 6511 et seq.). ``(4) Bond requirements.--In the case of any tax accrued but not paid, the Secretary, as a condition precedent to the allowance of the credit provided in this subpart, may require the taxpayer to give a bond, with sureties satisfactory to and approved by the Secretary, in such sum as the Secretary may require, conditioned on the payment by the taxpayer of any amount of tax found due on any such redetermination. Any such bond shall contain such further conditions as the Secretary may require. ``(5) Other special rules.--In any redetermination under paragraph (1) by the Secretary of the amount of tax due from the taxpayer for the year or years affected by a refund, the amount of the taxes refunded for which credit has been allowed under this section shall be reduced by the amount of any tax described in section 901 imposed by the foreign country or possession of the United States with respect to such refund; but no credit under this subpart, or deduction under section 164, shall be allowed for any taxable year with respect to any such tax imposed on the refund. No interest shall be assessed or collected on any amount of tax due on any redetermination by the Secretary, resulting from a refund to the taxpayer, for any period before the receipt of such refund, except to the extent interest was paid by the foreign country or possession of the United States on such refund for such period.'' (b) Authority To Use Average Rates.-- (1) In general.--Subsection (a) of section 986 (relating to foreign taxes) is amended by adding at the end thereof the following new paragraph: ``(3) Authority to permit use of average rates.--To the extent prescribed in regulations, the average exchange rate for the period (specified in such regulations) during which the taxes or adjustment is paid may be used instead of the exchange rate as of the time of such payment.'' (2) Determination of average rates.--Subsection (c) of section 989 is amended by striking ``and'' at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(6) setting forth procedures for determining the average exchange rate for any period.'' (3) Conforming amendments.--Subsection (b) of section 989 is amended by striking ``weighted'' each place it appears. (c) Effective Date.--The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after December 31, 1992. SEC. 6. LOOK-THRU RULES FOR CONTROLLED FOREIGN CORPORATIONS NOT TO APPLY TO SEPARATE CATEGORIES WITH DE MINIMIS AMOUNTS. (a) In General.--Section 904(d)(3)(E) (relating to look-thru applies only where subpart F applies) is amended to read as follows: ``(E) Look-through applies only where separate category income not de minimis.-- ``(i) In general.--If the aggregate gross income in all separate categories of a foreign corporation for the taxable year is less than the lesser of-- ``(I) 5 percent of gross income, or ``(II) $1,000,000, no part of its gross income for such taxable year shall be treated as income in a separate category, except that this sentence shall not apply to any income which (without regard to this sentence) would be treated as financial services income. ``(ii) Passive income.--Solely for purposes of applying subparagraph (D), passive income of a foreign corporation shall not be treated as income in a separate category if the requirements of section 954(b)(4) are met with respect to such income.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1992.

Foreign Tax Simplification Act of 1993 - Amends the Internal Revenue Code to exempt foreign persons (including corporations) from the uniform capitalization rules in determining earnings and profits for any business not conducted in the United States. Declares that a foreign corporation shall not be considered a passive foreign investment company for any day on which such corporation was a controlled foreign corporation. Revises the application of the separate foreign tax credit limitation for foreign corporations in which U.S. parent companies do not own a controlling interest. Requires that foreign tax credits claimed for foreign income be translated into dollars by using the average exchange rate for the taxable year to which such taxes relate. Provides an exception for taxes not paid within the following two years and for inflationary currency. Provides for translating taxes not subject to such requirement. Sets forth special rules for making adjustments to accrued taxes not paid within two years. Allows the use of the average exchange rate for the period during which the taxes or adjustment is paid instead of the exchange rate as of the time of such payment. Provides that the look-through rules for controlled foreign corporations do not apply to companies with less than $1 million in all of their separate categories.

Foreign Tax Simplification Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Bond Parity Act''. SEC. 2. TAX TREATMENT OF 501(c)(3) BONDS SIMILAR TO GOVERNMENTAL BONDS. (a) In General.--Section 150(a) of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by striking paragraphs (2) and (4), by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively, and by inserting after paragraph (1) the following: ``(2) Exempt person.-- ``(A) In general.--The term `exempt person' means-- ``(i) a governmental unit, or ``(ii) a 501(c)(3) organization, but only with respect to its activities which do not constitute unrelated trades or businesses as determined by applying section 513(a). ``(B) Governmental unit not to include federal government.--The term `governmental unit' does not include the United States or any agency or instrumentality thereof. ``(C) 501(c)(3) organization.--The term `501(c)(3) organization' means any organization described in section 501(c)(3) and exempt from tax under section 501(a).''. (b) Repeal of Qualified 501(c)(3) Bond Designation.--Section 145 of the Internal Revenue Code of 1986 (relating to qualified 501(c)(3) bonds) is repealed. (c) Conforming Amendments.-- (1) Section 141(b)(3) of the Internal Revenue Code of 1986 is amended-- (A) in subparagraphs (A)(ii)(I) and (B)(ii), by striking ``government use'' and inserting ``exempt person use''; (B) in subparagraph (B), by striking ``a government use'' and inserting ``an exempt person use''; (C) in subparagraphs (A)(ii)(II) and (B), by striking ``related business use'' and inserting ``related private business use''; (D) in the heading of subparagraph (B), by striking ``related business use'' and inserting ``related private business use''; and (E) in the heading thereof, by striking ``government use'' and inserting ``exempt person use''. (2) Section 141(b)(6)(A) of such Code is amended by striking ``a governmental unit'' and inserting ``an exempt person''. (3) Section 141(b)(7) of such Code is amended-- (A) by striking ``government use'' and inserting ``exempt person use''; and (B) in the heading thereof, by striking ``Government use'' and inserting ``Exempt person use''. (4) Section 141(b) of such Code is amended by striking paragraph (9). (5) Section 141(c)(1) of such Code is amended by striking ``governmental units'' and inserting ``exempt persons''. (6) Section 141 of such Code is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following: ``(e) Certain Issues Used To Provide Residential Rental Housing for Family Units.-- ``(1) In general.--Except as provided in paragraph (2), for purposes of this title, the term `private activity bond' includes any bond issued as part of an issue if any portion of the net proceeds of the issue are to be used (directly or indirectly) by an exempt person described in section 150(a)(2)(A)(ii) to provide residential rental property for family units. This paragraph shall not apply if the bond would not be a private activity bond if the section 501(c)(3) organization were not an exempt person. ``(2) Exception for bonds used to provide qualified residential rental projects.--Paragraph (1) shall not apply to any bond issued as part of an issue if the portion of such issue which is to be used as described in paragraph (1) is to be used to provide-- ``(A) a residential rental property for family units if the first use of such property is pursuant to such issue, ``(B) qualified residential rental projects (as defined in section 142(d)), or ``(C) property which is to be substantially rehabilitated in a rehabilitation beginning within the 2-year period ending 1 year after the date of the acquisition of such property. ``(3) Substantial rehabilitation.-- ``(A) In general.--Except as provided in subparagraph (B), rules similar to the rules of section 47(c)(1)(C) shall apply in determining for purposes of paragraph (2)(C) whether property is substantially rehabilitated. ``(B) Exception.--For purposes of subparagraph (A), clause (ii) of section 47(c)(1)(C) shall not apply, but the Secretary may extend the 24-month period in section 47(c)(1)(C)(i) where appropriate due to circumstances not within the control of the owner. ``(4) Certain property treated as new property.--Solely for purposes of determining under paragraph (2)(A) whether the 1st use of property is pursuant to tax-exempt financing-- ``(A) In general.--If-- ``(i) the 1st use of property is pursuant to taxable financing, ``(ii) there was a reasonable expectation (at the time such taxable financing was provided) that such financing would be replaced by tax-exempt financing, and ``(iii) the taxable financing is in fact so replaced within a reasonable period after the taxable financing was provided, then the 1st use of such property shall be treated as being pursuant to the tax-exempt financing. ``(B) Special rule where no operating state or local program for tax-exempt financing.--If, at the time of the 1st use of property, there was no operating State or local program for tax-exempt financing of the property, the 1st use of the property shall be treated as pursuant to the 1st tax-exempt financing of the property. ``(C) Definitions.--For purposes of this paragraph-- ``(i) Tax-exempt financing.--The term `tax- exempt financing' means financing provided by tax-exempt bonds. ``(ii) Taxable financing.--The term `taxable financing' means financing which is not tax-exempt financing.''. (7) Section 141(f) of such Code, as redesignated by paragraph (6), is amended-- (A) at the end of subparagraph (E), by adding ``or''; (B) at the end of subparagraph (F), by striking ``, or'' and inserting a period; and (C) by striking subparagraph (G). (8) The last sentence of section 144(b)(1) of such Code is amended by striking ``(determined'' and all that follows to the period. (9) Section 144(c)(2)(C)(ii) of such Code is amended by striking ``a governmental unit'' and inserting ``an exempt person''. (10) Section 146(g) of such Code is amended-- (A) by striking paragraph (2); (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (C) by striking ``Paragraph (4)'' and inserting ``Paragraph (3)''. (11) The heading of section 146(k)(3) of such Code is amended by striking ``governmental'' and inserting ``exempt person''. (12) The heading of section 146(m) of such Code is amended by striking ``Government'' and inserting ``Exempt Person''. (13) Section 147(b) of such Code is amended by striking paragraph (4) and by redesignating paragraph (5) as paragraph (4). (14) Section 147(h) of such Code is amended to read as follows: ``(h) Certain Rules Not To Apply to Mortgage Revenue Bonds and Qualified Student Loan Bonds.--Subsections (a), (b), (c), and (d) shall not apply to any qualified mortgage bond, qualified veterans' mortgage bond, or qualified student loan bond.''. (15) Section 148(d)(3)(F) of such Code is amended-- (A) by striking ``or which is a qualified 501(c)(3) bond''; and (B) in the heading thereof, by striking ``governmental use bonds and qualified 501(c)(3)'' and inserting ``exempt person''. (16) Section 148(f)(4)(B)(ii)(II) of such Code is amended by striking ``(other than a qualified 501(c)(3) bond)''. (17) Section 148(f)(4)(C)(iv) of such Code is amended-- (A) by striking ``a governmental unit or a 501(c)(3) organization'' both places it appears and inserting ``an exempt person''; (B) by striking ``qualified 501(c)(3) bonds,''; and (C) by striking the comma after ``private activity bonds'' the first place it appears. (18) Section 148(f)(7)(A) of such Code is amended by striking ``(other than a qualified 501(c)(3) bond)''. (19) Section 149(d)(2) of such Code is amended-- (A) by striking ``(other than a qualified 501(c)(3) bond)''; and (B) in the heading thereof, by striking ``Certain private'' and inserting ``Private''. (20) Section 149(e)(2) of such Code is amended-- (A) in the second sentence, by striking ``which is not a private activity bond'' and in- serting ``which is a bond issued for an exempt person described in section 150(a)(2)(A)(i)''; and (B) by adding at the end the following: ``Subparagraph (D) shall not apply to any bond which is not a private activity bond but which would be such a bond if the 501(c)(3) organization using the proceeds thereof were not an exempt person.''. (21) The heading of section 150(b) of such Code is amended by striking ``Tax-Exempt Private Activity Bonds'' and inserting ``Certain Tax-Exempt Bonds''. (22) Section 150(b)(3) of such Code is amended-- (A) in subparagraph (A), by inserting ``owned by a 501(c)(3) organization'' after ``any facility''; (B) in subparagraph (A), by striking ``any private activity bond which, when issued, purported to be a tax-exempt qualified 501(c)(3) bond'' and inserting ``any bond which, when issued, purported to be a tax- exempt bond, and which would be a private activity bond if the 501(c)(3) organization using the proceeds thereof were not an exempt person''; and (C) by striking the heading thereof and inserting ``Bonds for exempt persons other than governmental units.--''. (23) Section 150(b)(5) of such Code is amended-- (A) in subparagraph (A), by striking ``private activity''; (B) in subparagraph (A), by inserting ``and which would be a private activity bond if the 501(c)(3) organization using the proceeds thereof were not an exempt person'' after ``tax-exempt bond''; (C) by striking subparagraph (B) and inserting the following: ``(B) such facility is required to be owned by an exempt person, and''; and (D) in the heading thereof, by striking ``governmental units or 501(c)(3) organizations'' and inserting ``exempt persons''. (24) Section 150 of such Code is amended by adding at the end the following: ``(f) Certain Rules To Apply to Bonds for Exempt Persons Other Than Governmental Units.-- ``(1) In general.--Nothing in section 103(a) or any other provision of law shall be construed to provide an exemption from Federal income tax for interest on any bond which would be a private activity bond if the 501(c)(3) organization using the proceeds thereof were not an exempt person unless such bond satisfies the requirements of subsections (b) and (f) of section 147. ``(2) Special rule for pooled financing of 501(c)(3) organization.-- ``(A) In general.--At the election of the issuer, a bond described in paragraph (1) shall be treated as meeting the requirements of section 147(b) if such bond meets the requirements of subparagraph (B). ``(B) Requirements.--A bond meets the requirements of this subparagraph if-- ``(i) 95 percent or more of the net proceeds of the issue of which such bond is a part are to be used to make or finance loans to 2 or more 501(c)(3) organizations or governmental units for acquisition of property to be used by such organizations, ``(ii) each loan described in clause (i) satisfies the requirements of section 147(b) (determined by treating each loan as a separate issue), ``(iii) before such bond is issued, a demand survey was conducted which shows a demand for financing greater than an amount equal to 120 percent of the lendable proceeds of such issue, and ``(iv) 95 percent or more of the net proceeds of such issue are to be loaned to 501(c)(3) organizations or governmental units within 1 year of issuance and, to the extent there are any unspent proceeds after such 1- year period, bonds issued as part of such issue are to be redeemed as soon as possible thereafter (and in no event later than 18 months after issuance). A bond shall not meet the requirements of this subparagraph if the maturity date of any bond issued as part of such issue is more than 30 years after the date on which the bond was issued (or, in the case of a refunding or series of refundings, the date on which the original bond was issued).''. (25) Section 1302 of the Tax Reform Act of 1986 is repealed. (26) Section 57(a)(5)(C) of such Code is amended by striking clause (ii) and by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively. (27) Section 103(b)(3) of such Code is amended by inserting ``and section 150(f)'' after ``section 149''. (28) Section 265(b)(3) of such Code is amended-- (A) in subparagraph (B), by striking clause (ii) and inserting the following: ``(ii) Certain bonds not treated as private activity bonds.--For purposes of clause (i)(II), there shall not be treated as a private activity bond any obligation issued to refund (or which is part of a series of obligations issued to refund) an obligation issued before August 8, 1986, which was not an industrial development bond (as defined in section 103(b)(2) as in effect on the day before the date of the enactment of the Tax Reform Act of 1986) or a private loan bond (as defined in section 103(o)(2)(A), as so in effect, but without regard to any exemption from such definition other than section 103(o)(2)(A)).''; and (B) in subparagraph (C)(ii)(I), by striking ``(other than a qualified 501(c)(3) bond, as defined in section 145)''. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to bonds (including refunding bonds) issued with respect to capital expenditures made on or after the date of the enactment of this Act. (2) Exception.--The amendments made by this section shall not apply to bonds issued before January 1, 1997, for purposes of applying section 148(f)(4)(D) of the Internal Revenue Code of 1986.

Higher Education Bond Parity Act - Amends the Internal Revenue Code to provide for the tax treatment of bonds of certain nonprofit tax-exempt organizations in a manner similar to governmental bonds.

Higher Education Bond Parity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Reform Act of 2012''. SEC. 2. FEDERAL REGULATORY REFORM REPORT. (a) In General.--Subchapter I of chapter 35 of title 44, United States Code, is amended by-- (1) redesignating section 3521 as section 3522; and (2) by inserting after section 3520 the following new section: ``Sec. 3521. Federal Regulatory Reform Report ``(a) Report Required.--Not later than October 1 every four years, beginning with the first year following the date of the enactment of the Regulatory Reform Act of 2012, the Administrator of the Office of Information and Regulatory Affairs shall make available on a publicly available website and submit to Congress a report on Federal regulatory reform (in this section referred to as the `Federal Regulatory Reform Report'). ``(b) Contents of Report.--The Federal Regulatory Reform Report shall contain the following: ``(1) A list of rules that are determined to be outmoded, duplicative, ineffective, or excessively burdensome. ``(2) A list of recommendations to consolidate, modify, simplify, or repeal such rules to make such rules more effective or less burdensome. ``(3) A description of the justification for (including supporting data) and impact of the recommendations described in paragraph (2), as appropriate and available. ``(4) For any rule listed under paragraph (2), an analysis of how the costs outweigh the benefits for such rule. The benefits for such analysis shall include environmental and public health considerations and other considerations with regard to the benefits that the Administrator determines are appropriate. ``(c) Resources for Report.--The Administrator shall use any of the following sources to prepare the Federal Regulatory Reform Report: ``(1) Agency action plans. ``(2) Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review). ``(3) Executive Order 13563 (76 Fed. Reg. 3812; relating to improving regulation and regulatory review). ``(4) The Office of Management and Budget Circular A-4. ``(5) The Office of Management and Budget Annual report to Congress required by section 624(a) of Public Law 106-554 (31 U.S.C. 1105 note). ``(6) Any other appropriate report, analysis, and review of the executive and legislative branch. ``(d) Notice and Comment.--At least 60 days before submission of the Federal Regulatory Reform Report required under subsection (a), the Administrator of the Office of Information and Regulatory Affairs shall publish the report in the Federal Register for public notice and comment. The Administrator may modify the report in response to any comments received before submission of the report to Congress. ``(e) Consultation Required.--The Administrator of the Office of Information and Regulatory Affairs shall consult with the President, the Director of the Office of Management and Budget, the Chief Performance Officer of the Office of Management and Budget, and the relevant committees of jurisdiction of the House of Representatives and the Senate before the submission of the Federal Regulatory Reform Report required under subsection (a). ``(f) Presentation of Federal Regulatory Reform Report to Congress and Expedited Consideration.-- ``(1) In general.--The President shall propose, at the time and in the manner provided in paragraph (2), the carrying out of all or part of the recommendations contained in the most recent Federal Regulatory Reform Report prepared by the Office of Information and Regulatory Affairs. ``(2) Transmittal of special message.--Not later than 120 days after the submission of a Federal Regulatory Reform Report under subsection (a), the President shall transmit to Congress a special message to carry out all or part of the recommendations contained in that Federal Regulatory Reform Report. The President shall include with that special message a bill that would carry out the recommendations. The President may not transmit more than one such special message each year. ``(3) Expedited consideration of president's regulatory reform bill.-- ``(A) Regulatory reform bill.--Within 14 days after the President submits to Congress a bill under paragraph (2), the majority leader of the House of Representatives and the majority leader of the Senate shall each introduce such bill, by request. ``(B) Consideration in the house of representatives.-- ``(i) Referral and reporting.--Any committee of the House of Representatives to which such bill is referred shall report it to the House without amendment not later than the 14th legislative day after the date of its introduction. If a committee fails to report the bill within that period or the House has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. ``(ii) Proceeding to consideration.--Not later than 21 legislative days after such bill is reported or a committee has been discharged from further consideration thereof, it shall be in order to move to proceed to consider such bill in the House. Such a motion shall be highly privileged and not debatable, and shall be in order only at a time designated by the Speaker in the legislative schedule within two legislative days after the day on which the proponent announces an intention to the House to offer the motion provided that such notice may not be given until such bill is reported or a committee has been discharged from further consideration thereof. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to that special message. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. ``(iii) Consideration.--If the motion to proceed is agreed to, the House shall immediately proceed to consider such bill in the House without intervening motion. Such bill shall be considered as read. All points of order against the bill and against its consideration are waived. The previous question shall be considered as ordered on the bill to its passage without intervening motion except 4 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the bill. A motion to reconsider the vote on passage of the bill shall not be in order. ``(C) Consideration in the senate.-- ``(i) Committee action.--The appropriate committee of the Senate shall report without amendment the bill referred to in subparagraph (A) not later than the seventh session day after introduction. If a committee fails to report the bill within that period or the Senate has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, the Committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. ``(ii) Motion to proceed.--Not later than 3 session days after the bill is reported in the Senate or the committee has been discharged thereof, it shall be in order for any Senator to move to proceed to consider the bill in the Senate. The motion shall be decided without debate and the motion to reconsider shall be deemed to have been laid on the table. Such a motion shall not be in order after the Senate has disposed of a prior motion to proceed with respect to the draft bill. ``(iii) Consideration.--If a motion to proceed to the consideration of the draft bill is agreed to, the Senate shall immediately proceed to consideration of the draft bill without intervening motion, order, or other business, and the draft bill shall remain the unfinished business of the Senate until disposed of. Consideration on the bill in the Senate under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours equally divided in the usual form. All points of order against the draft bill or its consideration are waived. Consideration in the Senate on any debatable motion or appeal in connection with the draft bill shall be limited to not more than 10 hours. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the draft bill is not in order. A motion to reconsider the vote by which the draft bill is agreed to or disagreed to is not in order. ``(D) Amendments prohibited.--No amendment to, or motion to strike a provision from, the draft bill considered under this section shall be in order in either the Senate or the House of Representatives. ``(E) Coordination with action by other house.--If, before passing the bill, one House receives from the other a bill-- ``(i) the bill of the other House shall not be referred to a committee; and ``(ii) the procedure in the receiving House shall be the same as if no bill had been received from the other House until the vote on passage, when the bill received from the other House shall supplant the bill of the receiving House. ``(F) Limitation.--This paragraph shall apply only to the bill referred to in subparagraph (A), introduced pursuant to such subparagraph. ``(g) Definitions.--For purposes of this section, continuity of a session of either House of Congress shall be considered as broken only by an adjournment of that House sine die, and the days on which that House is not in session because of an adjournment of more than 3 days to a date certain shall be excluded in the computation of any period.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 35 of title 44, United States Code, is amended by striking the matter relating to section 3521 and inserting the following: ``3521. Federal Regulatory Reform Report. ``3522. Authorization of Appropriations.''.

Regulatory Reform Act of 2012 - Directs the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget (OMB), not later than October 1 every four years, to post online and submit to Congress a report to be known as the Federal Regulatory Reform Report. Requires such Report to contain: (1) a list of rules that are determined to be outmoded, duplicative, ineffective, or excessively burdensome; (2) a list of recommendations to consolidate, modify, simplify, or repeal such rules and a description of the justification for and impact of such recommendations; and (3) an analysis of how the costs of such rules outweigh their benefits. Directs the Administrator to: (1) use certain resources such as agency action plans, agency reports, and executive orders in preparing the Report; (2) publish the Report in the Federal Register for public notice and comment at least 60 days before its submission to Congress; and (3) consult with the President, relevant committees of Congress, and other federal officials before submitting the Report. Requires the President to submit to Congress a legislative proposal for carrying out all or some of the recommendations contained in the Report. Sets forth congressional procedures for consideration of the President's proposal.

To establish procedures for the presentation and expedited consideration by Congress of the recommendations in the Federal Regulatory Reform Report prepared by the Office of Information and Regulatory Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Access to Formulated and Effective Compounded Drugs Act of 2013'' or the ``S.A.F.E. Compounded Drugs Act of 2013''. SEC. 2. ENHANCED REQUIREMENTS FOR COMPOUNDED DRUGS. (a) In General.--Section 503A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353a) is amended-- (1) in subsection (a)(1)(A), by inserting ``that is registered with the Secretary under subsection (b)(6) (or is subject to the exception under subsection (b)(6)(C))'' after ``State licensed pharmacy''; (2) in subsection (b)-- (A) in paragraph (1)(A), by inserting ``(meaning not more than 5 percent of the total quantity of drugs products compounded by the pharmacist or physician in any 30 day period)'' after ``limited quantities''; (B) in paragraph (1)(C), by striking ``and'' at the end; (C) in paragraph (1)(D), by striking ``regularly or in inordinate amounts (as defined by the Secretary)''; (D) by adding at the end of paragraph (1) the following: ``(E) does not compound a drug product that appears on the list promulgated by the Secretary under subsection (h); and ``(F) does not compound a drug product in violation of the minimum standards promulgated under subsection (i).''; and (E) by adding at the end of the subsection the following: ``(4) Notification.-- ``(A) Prescriber notification.--Before providing a prescription order for a drug to be compounded under subsection (a), the physician or other licensed practitioner who will write such order shall-- ``(i) inform the individual patient for whom such order is being written that a compounded drug is being prescribed; and ``(ii) provide such patient with a written document containing information concerning the availability, safety, and production of compounded drugs. ``(B) Confirmation by pharmacist.--Except in the case of a compounded drug product used in a procedure described in subparagraph (C), a licensed pharmacist or licensed physician who dispenses a compounded drug under subsection (a) shall, at the time such drug is dispensed-- ``(i) confirm that the patient (or the individual to whom the drug is delivered on behalf of the patient) understands that the drug is a compounded drug; and ``(ii) provide a written document containing the information described in subparagraph (A)(ii). ``(C) Provider notification.--Prior to providing a health care service that will be conducted by a health care provider in a health care setting (such as a hospital or a physician's office) and during which service a drug compounded under subsection (a) will be administered to a patient for purposes of treating such patient, the health care provider shall-- ``(i) inform the patient that a compounded drug will be used during the procedure; and ``(ii) provide such patient with a written document containing the information described in subparagraph (A)(ii). ``(5) Labeling.-- ``(A) In general.--A drug product compounded under subsection (a) shall be clearly labeled as a `non-FDA approved compounded drug product'. ``(B) Development of requirements.--In determining the requirements for the label under subparagraph (A), the Secretary-- ``(i) shall establish, and consult with, a temporary advisory committee on compounded drug product labeling requirements; and ``(ii) may establish different labeling requirements for-- ``(I) a compounded drug product intended for use by a health care provider in an office or treatment setting; and ``(II) a compounded drug product intended for any use not described in subclause (I). ``(6) Registration.-- ``(A) Establishment of process.--The Secretary, in consultation with experts and representatives of stakeholders including pharmacies, compounding pharmacies, State regulators, and health care providers, shall establish a process for pharmacies described in subsection (a)(1)(A) to register as a compounding pharmacy. Such registration shall be conducted through an electronic method. ``(B) Registration requirement.--Except as provided in subparagraph (C), in order to be registered with the Secretary for purposes of subsection (a)(1)(A), every person who owns or operates a pharmacy shall submit to the Secretary, in such time and manner as the Secretary may require-- ``(i) contact information for the pharmacy; ``(ii) the State or States that the pharmacy is licensed in; ``(iii) the methods used by the facility in compounding; and ``(iv) any additional information required by the Secretary, which may include the quantity of product compounded at such pharmacy for the purpose of determining if a drug manufacturing facility is inappropriately registering as a compounding pharmacy. ``(C) Prohibition on dual registration.--An entity registered under this subsection shall not be required to submit a registration under section 510. ``(D) Exception.--A pharmacy shall be exempt from the requirement to register under subsection (a)(1)(A) if the pharmacy-- ``(i) employs fewer than 20 full-time employees (or 20 full-time equivalents); and ``(ii) performs traditional compounding of drug products for use in a single State.''; and (3) by adding at the end of section 503A the following: ``(g) Database.-- ``(1) In general.--The Secretary shall establish and maintain a database of information on pharmacies compounding drug products under subsection (a) that are licensed in more than one State, including-- ``(A) the minimum standards for a compounding pharmacy license in each State; ``(B) relevant information provided to the Secretary by State agencies that regulate pharmacies; ``(C) reliable, timely, and comprehensive data related to inspections of such pharmacies, including the classification of actions indicated as a result of such inspections; and ``(D) other information determined relevant by the Secretary. ``(2) Design.--The database under paragraph (1)-- ``(A) shall be accessible, as determined appropriate by the Secretary, to State agencies that regulate pharmacies that compound drug products; ``(B) shall enable States and the Secretary to share information to ensure appropriate oversight of pharmacies that compound drug products; ``(C) shall be used by the Secretary to inform the Federal inspection and oversight of pharmacies that compound drug products to ensure that issues and pharmacies identified in the database receive appropriate oversight; and ``(D) shall be accessible, as determined appropriate by the Secretary, to health care providers and consumers. ``(h) Active Ingredients and Dosage Forms That Should Not Be Compounded.--The Secretary shall, after consultation with appropriate stakeholders (including pharmacists, patient and public health advocacy groups, manufacturers, and health care professionals), promulgate a list of active ingredients and dosage forms that should not be compounded, because the compounding of such active ingredient or dosage form is reasonably likely to present a risk to public health. ``(i) Minimum Standards.-- ``(1) In general.--The Secretary shall promulgate minimum standards for the safe production of compounded drug products under this section. ``(2) Contents.--The standards under paragraph (1) shall each specify-- ``(A) the type of compounded drug products to which they apply; and ``(B) the intended route of administration. ``(j) Training.--The Secretary shall conduct a series of regional training opportunities for State agencies that regulate pharmacies that compound drug products. These training opportunities shall include information on the minimum standards under subsection (i), sample inspection protocol, and recordkeeping to facilitate the inclusion of State findings and inspections into the database under subsection (g).''. (b) Deadlines and Advisory Committees.-- (1) Deadline for issuance of regulations.--Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services shall issue regulations to implement-- (A) paragraphs (4) and (5) of section 503A(b) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a); and (B) subsection (g) of section 503A of such Act. (2) Labeling advisory committee.-- (A) Establishment.--The Secretary of Health and Human Services shall establish an advisory committee on labeling (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)) of compounded drug products and shall consult such committee in the development of the regulations under paragraph (1)(A). (B) Membership.--The advisory committee shall include representatives of patients or consumers, health care providers, compounding pharmacies, State agencies that regulate compounding pharmacies, and at least one member with expertise on clearly communicating information in such labeling of drugs. (C) Meetings.--The advisory committee shall hold an initial meeting not later than 6 months after the date of enactment of this Act. (D) Recommendations.--Not later than 12 months after the date of enactment of this Act, the advisory committee shall submit to the Secretary of Health and Human Services recommendations on the regulations under paragraph (1)(A), including recommendations on the type of information and language that should be included on the labels of drug products that are compounded pursuant to section 503A of the Federal Food, Drug, and Cosmetic Act. (E) Termination.--The advisory committee under this subparagraph shall terminate upon the submission of the recommendations under subparagraph (D). (3) Database advisory committee.-- (A) Establishment.--The Secretary of Health and Human Services shall establish an advisory committee on the database described in section 503A(g) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), and shall consult such committee in the development of the regulations under paragraph (1)(B). (B) Membership.--The advisory committee shall include representatives of patients or consumers, health care providers, compounding pharmacies, State agencies that regulate compounding pharmacies, and information technology experts. (C) Meetings.--The advisory committee shall hold an initial meeting not later than 6 months after the date of enactment of this Act. (D) Recommendations.--Not later than 12 months after the date of enactment of this Act, the advisory committee shall submit to the Secretary of Health and Human Services recommendations on the regulations under paragraph (1)(B). (E) Termination.--The advisory committee under this subparagraph shall terminate upon the submission of the recommendations under subparagraph (D). (4) Permanent advisory committee on pharmacy compounding.-- The Secretary shall convene the Advisory Committee on Pharmacy Compounding as appropriate to consider issues related to the safety and availability of compounded drug products. SEC. 3. REPORTS AND STUDIES. (a) Biannual Reports.--Not later than 6 months after the date of enactment of this Act, and at the end of each succeeding 6-month period that ends before the 25th month after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Congress a report on the status of the implementation of the requirements of this Act, and the amendments made by this Act. (b) Third-Party Accreditation.--Not later than 12 months after the date of enactment of this Act, the Secretary shall submit to the Congress a report that contains-- (1) a review of the standards used by organizations that provide accreditation to compounding pharmacies; and (2) an evaluation of the effectiveness of such standards in ensuring the production of safe and effective compounded drug products. (c) Structure of State Oversight.--Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Congress a report that contains-- (1) a review of the models used by States to structure their oversight of pharmacies that compound drug products, including the structure of the agency or office responsible for oversight and its relationship with the industry that it regulates; and (2) consideration of how the structure and relationship of State regulators may impact the development and enforcement of regulations to ensure safe compounded drug products. (d) GAO Report.--The Comptroller General of the United States shall review-- (1) the extent to which Federal health care programs (as such term is defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b)) ensure that compounded drug products which are paid for by such programs are compounded in facilities that comply with the requirements of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); (2) whether the reimbursement rates for compounded drug products under such Federal health care programs are appropriate, taking into consideration the cost of production of such compounded drug products; and (3) whether such Federal health care programs encourage the use of compounded drug products in place of otherwise available lawfully marketed drug products. SEC. 4. PROHIBITIONS AND PENALTIES. (a) Prohibition of Violations of Section 503A.--Section 301(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(d)) is amended by inserting ``503A,'' before ``505,''. (b) Penalties.--Section 303(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(b)) is amended by adding at the end the following: ``(8) Notwithstanding subsection (a), any person who violates section 301(d) with respect to any compounded drug product-- ``(A) knowingly and intentionally to defraud or mislead; or ``(B) with conscious or reckless disregard of a risk of death or serious bodily injury, shall be fined under title 18, United States Code, imprisoned for not more than 10 years, or both.''.

Supporting Access to Formulated and Effective Compounded Drugs Act of 2013 or S.A.F.E. Compounded Drugs Act of 2013 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) with respect to the regulation of compounded drugs. Eliminates authority for compounding pharmacies to compound any drug product that is a copy of a commercially available drug. Prohibits such pharmacies from compounding: (1) any drug product appearing on a list of active ingredients and dosage forms that the Secretary of Health and Human Services (HHS) determines should not be compounded, or (2) in violation of promulgated minimum standards for the safe production of compounded drug products. Establishes notification requirements before a patient is prescribed, dispensed, or administered a compounded drug, which must include providing the patient a document concerning the availability, safety, and production of such drugs. Requires a drug product compounded under the FFDCA to be clearly labeled as a “non-FDA approved compounded drug product.” Authorizes the Secretary of Health and Human Services (HHS) to establish different labeling requirements for compounded drugs. Requires the Secretary to establish a process for pharmacies to register as compounding pharmacies. Exempts pharmacies that employ fewer than 20 full-time employees and perform traditional compounding of drug products for use in a single state. Requires the Secretary to: (1) establish a database of information on compounding pharmacies licensed in more than one state for oversight purposes, (2) establish minimum standards for the safe production of compounded drugs as well as for which drugs must meet those standards, and (3) conduct regional training for state agencies that regulate compounding pharmacies. Directs the Secretary to establish advisory committees on labeling of compounded drugs and on the database under this Act. Requires the Secretary to convene an Advisory Committee on Pharmacy Compounding as appropriate to consider issues related to the safety and availability of compounded drugs. Directs the Comptroller General (GAO) to review: (1) the extent to which federal health care programs ensure that compounded drug products they pay for are compounded in FFDCA-compliant facilities, (2) whether the reimbursement rates for such products under these federal programs are appropriate, and (3) whether these programs encourage the use of compounded drug products in place of otherwise available lawfully marketed drug products. Prescribes criminal penalties for violations of prohibitions concerning compounded drug products that are committed: (1) knowingly and intentionally to defraud or mislead, or (2) with conscious or reckless disregard of a risk of death or serious bodily injury.

S.A.F.E. Compounded Drugs Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs for Heroes Act''. SEC. 2. WORK OPPORTUNITY CREDIT FOR HIRING VETERANS AND MEMBERS OF READY RESERVE OR NATIONAL GUARD. (a) Expansion of Veterans Eligible for Credit.-- (1) In general.--Section 51(d)(3) of the Internal Revenue Code of 1986 is amended to read as follows: ``(3) Qualified veteran.--The term `qualified veteran' means any individual who is certified by the designated local agency as-- ``(A)(i) having served on active duty (other than active duty for training) in the Armed Forces of the United States for a period of more than 180 days, or ``(ii) having been discharged or released from active duty in the Armed Forces of the United States for a service-connected disability, and ``(B) not having any day during the 60-day period ending on the hiring date which was a day of extended active duty in the Armed Forces of the United States. For purposes of subparagraph (B), the term `extended active duty' means a period of more than 90 days during which the individual was on active duty (other than active duty for training).''. (2) Conforming amendments.-- (A) Section 51(b) of such Code is amended by adding at the end the following new paragraphs: ``(4) Certain veterans.-- ``(A) A veteran is described in this subparagraph if such veteran is certified by the designated local agency as-- ``(i) entitled to compensation for a service-connected disability, and ``(ii) having a hiring date which is not more than 1 year after having been discharged or released from active duty in the Armed Forces of the United States. ``(B) A veteran is described in this subparagraph if such veteran is certified by the designated local agency as having aggregate periods of unemployment during the 1-year period ending on the hiring date which equal or exceed 6 months. ``(C) A veteran is described in this subparagraph if such veteran is certified by the designated local agency as-- ``(i) entitled to compensation for a service-connected disability, and ``(ii) having aggregate periods of unemployment during the 1-year period ending on the hiring date which equal or exceed 6 months. ``(5) Service-connected; compensation.--For purposes of paragraph (4), the terms `compensation' and `service-connected' have the meanings given such terms under section 101 of title 38, United States Code.''. (B) Section 51(b)(3) of such Code is amended-- (i) by striking ``subsection (d)(3)(A)(ii)(I)'' and inserting ``paragraph (4)(A)'', (ii) by striking ``subsection (d)(3)(A)(iv)'' and inserting ``paragraph (4)(B)'', and (iii) by striking ``subsection (d)(3)(A)(ii)(II)'' and inserting ``paragraph (4)(C)''. (b) Application of Credit to Members of Ready Reserve and National Guard.-- (1) In general.--Section 51(d)(1) of such Code is amended by striking ``or'' at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(J) a qualified member of the Ready Reserve or National Guard.''. (2) Qualified member of the ready reserve or national guard.--Section 51(d) of such Code is amended by striking paragraph (14), by redesignating paragraphs (11), (12), and (13) as paragraphs (12), (13), and (14), respectively, and by inserting after paragraph (10) the following new paragraph: ``(11) Qualified member of the ready reserve or national guard.--The term `qualified member of the Ready Reserve or National Guard' means any individual who is certified by the designated local agency as being a member of-- ``(A) the Ready Reserve (as described in section 10142 of title 10, United States Code), or ``(B) the National Guard (as defined in section 101(c)(1) of such title 10).''. (c) 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. 3. WORK OPPORTUNITY CREDIT MADE PERMANENT. (a) In General.--Section 51(c) of the Internal Revenue Code of 1986 is amended by striking paragraphs (4) and (5). (b) Effective Date.--The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2013. SEC. 4. EMPLOYER WAGE CREDIT FOR EMPLOYEES WHO ARE ACTIVE DUTY MEMBERS OF THE UNIFORMED SERVICES EXPANDED AND MADE PERMANENT. (a) Credit Allowable to All Employers Without Regard to Size.-- (1) In general.--Section 45P(b)(3)(A) of the Internal Revenue Code of 1986 is amended by striking ``any employer which'' and all that follows through ``under a written plan'' and inserting ``any employer which, under a written plan''. (2) Conforming amendments.-- (A) Subsections (a) and (b)(3)(A) of section 45P of such Code are each amended by striking ``eligible small business employer'' and inserting ``eligible employer''. (B) Section 45P(b)(3) of such Code is amended by striking ``eligible small business employer'' in the heading thereof and inserting ``eligible employer''. (b) Credit Made Permanent.--Section 45P of such Code is amended by striking subsection (f). (c) Effective Date.--The amendments made by this section shall apply to payments made after December 31, 2013.

Jobs for Heroes Act - Amends the Internal Revenue Code, with respect to the work opportunity tax credit, to: (1) revise the definition of "qualified veteran" to expand the eligibility of veterans for such credit, (2) allow such credit for the hiring of a qualified member of the Ready Reserve or National Guard, and (3) make such credit permanent. Revises the tax credit for differential wage payments made by employers on behalf of Members of the Uniformed Services to: (1) extend eligibility for such credit to an employer without regard to the size of such employer's workforce, and (2) make such credit permanent. 

Jobs for Heroes Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coast Guard Authorization Act of 2001''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Funds are authorized to be appropriated for fiscal year 2002 for necessary expenses of the Coast Guard, as follows: (1) For the operation and maintenance of the Coast Guard, $3,682,838,000, of which-- (A) $25,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990; and (B) $5,500,000 shall be available for the commercial fishing vessel safety program. (2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft, including equipment related thereto, $659,323,000, of which-- (A) $20,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990; and (B) not less than $338,000,000 shall be available to the Coast Guard only to implement the Coast Guard's Integrated Deepwater System. (3) For research, development, test, and evaluation of technologies, materials, and human factors directly relating to improving the performance of the Coast Guard's mission in support of search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness, $21,722,000, to remain available until expended, of which $3,500,000 shall be derived each fiscal year from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990. (4) For retired pay (including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose), payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10, United States Code, $876,346,000. (5) For alteration or removal of bridges over navigable waters of the United States constituting obstructions to navigation, and for personnel and administrative costs associated with the Bridge Alteration Program, $15,466,000, to remain available until expended. (6) For environmental compliance and restoration at Coast Guard facilities (other than parts and equipment associated with operations and maintenance), $16,927,000, to remain available until expended. SEC. 3. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING. (a) Active Duty Strength.--The Coast Guard is authorized an end-of- year strength for active duty personnel of 44,000 as of September 30, 2002. (b) Military Training Student Loads.--The Coast Guard is authorized average military training student loads as follows: (1) For recruit and special training for fiscal year 2002, 1,500 student years. (2) For flight training for fiscal year 2002, 125 student years. (3) For professional training in military and civilian institutions for fiscal year 2002, 300 student years. (4) For officer acquisition for fiscal year 2002, 1,000 student years. SEC. 4. REQUIREMENT TO CONSTRUCT ONLY AMERICAN-MADE VESSELS. (a) In General.--Any new vessel constructed for the Coast Guard with amounts made available under this Act-- (1) shall be constructed in the United States; (2) shall not be constructed of steel or iron produced outside of the United States; and (3) shall be constructed in compliance with the Buy American Act. (b) Limitation on Application.--Subsection (a)(2) shall not apply-- (1) if the Secretary finds that the application of that subsection would be inconsistent with the public interest; (2) to the use of steel or iron produced outside of the United States if the Secretary finds that such material is not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) if compliance with subsection (a)(2) will increase the cost of the overall project contract by more than 25 percent. Passed the House of Representatives June 7, 2001. Attest: JEFF TRANDAHL, Clerk.

Coast Guard Authorization Act of 2001 - Authorizes appropriations for the Coast Guard for FY 2002 for: (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft, including equipment related thereto; (3) research, development, test, and evaluation of technologies, materials, and human factors directly relating to improving the performance of the Coast Guard's mission in support of search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness; (4) retired pay (including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose), payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents; (5) alteration or removal of bridges over navigable waters of the United States constituting obstructions to navigation, and for personnel and administrative costs associated with the Bridge Alteration Program; and (6) environmental compliance and restoration at Coast Guard facilities (other than parts and equipment associated with operations and maintenance).Authorizes the Coast Guard for an end-of-year strength for active duty personnel of 44,000 as of September 30, 2002.Authorizes Coast Guard average military training student loads as follows: (1) for recruit and special training for FY 2002, 1,500 student years; (2) for flight training for FY 2002, 125 student years; (3) for professional training in military and civilian institutions for FY 2002, 300 student years; and (4) for officer acquisition for FY 2002, 1,000 student years.Requires any new vessel constructed for the Coast Guard with amounts made available under this Act: (1) to be constructed in the United States; (2) to not be constructed of steel or iron produced outside of the United States; and (3) to be constructed in compliance with the Buy American Act. Permits the use of non-U.S. steel or iron if it is found that: (1) it would be consistent with the public interest; (2) U. S. steel or iron is not produced in sufficient and reasonably available quantities and is not of a satisfactory quality; or (3) the use of U.S. steel or iron will increase the cost of the overall project contract by more than 25 percent.

To authorize appropriations for the Coast Guard for fiscal year 2002.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safer Truck Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Heavy trucks carrying up to 20 metric tons of cargo on the National Highway System are not equipped with modern safety features presently found on cars. These features include disc brakes, crash absorbent bumpers and body panels, sway bars, roll bars, and underride beams. Under current law, truckers who choose to equip their vehicles with such safety features risk fines and other penalties for violating Federal weight and width restrictions even when the amount of cargo carried is not more than the amount customarily carried on trucks lacking such safety features. (2) Trucking is the deadliest industry in the United States. One in every 7 Americans killed on the job is a trucker (approximately 800 of the 5900 workplace deaths in 2001). 704 truckers were killed in truck crashes alone in 2001, along with 4,378 motorists and pedestrians--more than 5,000 preventable deaths. Of the 130,000 people injured by commercial trucks in 2001, 29,000 were truckers. Over 150,000 people, including more than 25,000 truckers, have been killed in preventable large- truck crashes since the end of the Vietnam War along with more than 3,000,000 injured. Many of these deaths can be prevented in the future by exempting safety features from truck weight and width restrictions and regulating only the weight of truck cargo rather than the overall weight of the truck. (3) New intermodal technologies have emerged that promise to replace dangerous and inefficient long-haul trucks with safer, more efficient short-haul trucks that will utilize road, sea, rail, and inland waterways transportation to substantially reduce the Nation's dependence on foreign oil and lower the cost of food and other goods--especially for State run welfare programs. Under current law, States are required to impose unreasonable burdens on such intermodal trucks, such as requiring special permits and escort vehicles which are not required for larger, more dangerous trucks, or risk the cut off of Federal highway funds. While some modification to roads and bridges may be necessary to accommodate safer short-haul intermodal trucks, the cost is insignificant compared to the savings that will accrue from reducing the excessive wear and tear on the National Highway System caused by obsolete long- haul trucks and their associated high rate of death and injury. SEC. 3. VEHICLE WEIGHT LIMITATIONS. Section 127 of title 23, United States Code, is amended by adding at the end the following: ``(h) Exception.-- ``(1) In general.--Notwithstanding subsection (a), a State may allow a single unit truck or bus without a trailer to carry up to 20 metric tons or 44,080 pounds of cargo, packaging, and load securement materials regardless of the overall weight of the vehicle, its axle weights, or the weight of its safety and energy conservation devices if the cargo is evenly distributed in a compartment or combined compartments at least 40 feet long, the overall height of the vehicle and cargo does not exceed the width of the wheelbase, the axles are positioned at the extreme ends of the vehicle, the gross weight and certified empty weight of the vehicle (including detachable cargo compartments) are marked conspicuously on the front of the vehicle in contrasting 3-inch or taller letters and numbers. ``(2) Calculation of gross weight.--For purposes of this subsection, the gross weight shall be calculated by adding 20 metric tons or 44,080 pounds to the empty weight.''. SEC. 4. VEHICLE WIDTH LIMITATIONS. Section 31113(b) of title 49, United States Code, is amended to read as follows: ``(b) Exclusion of Safety and Energy Conservation Devices.-- ``(1) Energy conservation devices.--Width calculated under this section does not include an energy conservation device the Secretary decides is necessary for safe and efficient operation of a commercial motor vehicle. ``(2) Safety devices.-- ``(A) In general.--A safety device that reduces the possibility of death and injury shall not be included in the calculation of width for purposes of this section if such device fits entirely within the legal travel lanes of all roads upon which the vehicle operates. ``(B) Safety device defined.--In this subsection, the term `safety device' includes mirrors, grabhandles, steps, rearview video cameras, crash absorbent bumpers and body panels, batteries for regenerative braking, wheels, tires, structural members, and drivetrain components positioned to enhance vehicle stability.''.

Safer Truck Act - Amends Federal highway law to authorize a State to allow a single unit truck or bus without a trailer to operate on the Interstate System while carrying up to 20 metric tons (44,080 pounds) of cargo, packaging, and load securement materials regardless of the overall weight of the vehicle, its axle weights, or weight of its safety and energy conservation devices if: (1) the cargo is evenly distributed in a compartment or combined compartments at least 40 feet long; (2) the overall height of the vehicle and cargo does not exceed the width of the wheelbase; (3) the axles are positioned at the extreme ends of the vehicle; and (4) the gross weight and certified empty weight of the vehicle (including detachable cargo compartments) are marked conspicuously on the front of the vehicle in contrasting three-inch or taller letters and numbers.Amends Federal transportation law to revise certain commercial motor vehicle width limitations on vehicles operating on the Interstate System and on Federal-aid highways to exclude from width calculations with respect to such limitations any safety devices that reduce the possibility of death and injury, if such devices fit entirely within the legal travel lanes of all roads upon which the vehicle operates.

To amend titles 23 and 49, United States Code, relating to motor vehicle weight and width limitations.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Grand River Band of Ottawa Indians of Michigan Referral Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--REFERRAL TO THE SECRETARY Sec. 101. Purpose. Sec. 102. Report. Sec. 103. Action by Congress. TITLE II--MEMBERSHIP; JURISDICTION; LAND Sec. 201. Recognition. Sec. 202. Membership. Sec. 203. Federal services and benefits. Sec. 204. Rights of the Tribe. Sec. 205. Tribal funds. Sec. 206. Jurisdiction of trust land. SEC. 2. DEFINITIONS. In this Act: (1) Band; tribe.--The terms ``Band'' and ``Tribe'' mean the Grand River Band of the Ottawa Indians of Michigan. (2) Date of recognition.--The term ``date of recognition'' means the date on which recognition of the Tribe by the Secretary was published in the Federal Register under section 201. (3) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. TITLE I--REFERRAL TO THE SECRETARY SEC. 101. PURPOSE. The purpose of this title is to obtain an expedited review of the petition of the Band in order to secure a timely and just determination of whether the Band is entitled to recognition as a Federal Indian tribe under the rules that govern the recognition of a new group as an Indian tribe. SEC. 102. REPORT. (a) In General.--Not later than August 31, 2005, the Secretary shall review the petition of the Band and submit to Congress a report describing the findings of the Secretary regarding whether-- (1) the majority of members of the Band are descendants of, and political successors to, signatories of-- (A) the treaty made and concluded at Chicago, in the State of Illinois, between Lewis Cass and Solomon Sibley, Commissioners of the United States, and the Ottawa, Chippewa, and Pottawatamie, Nations of Indians on August 29, 1821 (7 Stat. 218); (B) the treaty made and concluded at the city of Washington in the District of Columbia, between Henry R. Schoolcraft, commissioner on the part of the United States, and the Ottawa and Chippewa nations of Indians, by their chiefs and delegates on March 28, 1836 (7 Stat. 491); and (C) the articles of agreement and convention made and concluded at the city of Detroit, in the State of Michigan, July 31, 1855, between George W. Manypenny and Henry C. Gilbert, commissioners on the part of the United States, and the Ottawa and Chippewa Indians of Michigan, parties to the treaty of March 28, 1836; (2) the history of the Band parallels the history of Indian tribes the members of which are descendants of the signatories to the treaties described in subparagraphs (B) and (C) of paragraph (1), including-- (A) the Grand Traverse Band of Ottawa and Chippewa Indians; (B) the Sault Ste. Marie Tribe of Chippewa Indians; (C) the Bay Mills Band of Chippewa Indians; (D) the Little Traverse Bay Band of Odawa Indians; and (E) the Little River Band of Ottawa Indians; (3) the majority of members of the Band continue to reside in the ancestral homeland of the Band (which is now the Western lower quadrant of the State of Michigan), as recognized in the treaties described in paragraph (1); (4)(A) the Band filed for reorganization of the tribal government of the Band in 1935 under the Act of June 18, 1934 (commonly referred to as the ``Indian Reorganization Act'') (25 U.S.C. 461 et seq.); (B) the Commissioner of Indian Affairs attested to the continued social and political existence of the Band and concluded that the Band was eligible for reorganization; and (C) due to a lack of Federal appropriations to implement the provisions of the Indian Reorganization Act, the Band was denied the opportunity to reorganize; (5)(A) the Band continued political and social existence as a viable tribal government during the participation of the Band in the Northern Michigan Ottawa Association in 1948, which subsequently pursued a successful land claim with the Indian Claims Commission; and (B) the Band carried out tribal governmental functions through the Northern Michigan Ottawa Association while retaining control over local decisions; (6) the Federal Government, the government of the State of Michigan, and local governments have had continuous dealings with recognized political leaders of the Band from 1836 to the present; and (7) the Band was included in the Michigan Indian Land Claims Settlement Act (Public Law 105-143; 111 Stat. 2652) and was required to submit a fully documented petition not later than December 15, 2000, to qualify for land claim funds set aside for the Band, which the Secretary segregated and holds in trust for the Band pending recognition as the respective share of funds of the Band under that Act. (b) Consultation.--In carrying out this section, the Secretary shall consult with and request information from-- (1) elected leaders of the Band; and (2) anthropologists, ethno-historians, and genealogists associated with the Band; (3) attorneys of the Band; and (4) other experts, as the Secretary determines appropriate. (c) Conclusion.-- (1) Positive report.--Not later than August 31, 2005, if the Secretary determines by a preponderance of the evidence that the Band satisfies each condition of subsection (a), the Secretary shall submit to Congress a positive report indicating that determination. (2) Negative report.--Not later than August 31, 2005, if the Secretary determines by a preponderance of the evidence that the Band fails to satisfy a condition of subsection (a), the Secretary shall submit to Congress a negative report indicating that determination. (d) Failure to Submit Report.--If the Secretary fails to submit to Congress a report in accordance with subsection (c)-- (1) not later than November 30, 2005, the Secretary shall recognize the Band as an Indian tribe; and (2) title II shall apply to the Band. SEC. 103. ACTION BY CONGRESS. (a) Action by Deadline.-- (1) In general.--If Congress acts on the report of the Secretary under section 102(c) by the date that is 60 days after the date of receipt of the report, the Secretary shall carry out the actions described in this subsection. (2) Positive report.--If the Secretary submitted a positive report under section 102(c)(1)-- (A) not later than November 30, 2005, the Secretary shall recognize the Band as an Indian tribe; and (B) title II shall apply to the Band. (3) Negative report.--If the Secretary submitted a negative report under section 102(c)(2), the Secretary shall-- (A) return the petition of the Band to the list maintained by the Office of Federal Acknowledgment; and (B) grant the Band any opportunity available to the Band to prove the status of the Band as an Indian tribe. (b) Failure to Act by Deadline.-- (1) In general.--If Congress fails to act on the report of the Secretary under section 102(c) by the date that is 60 days after the date of receipt of the report, the Secretary shall carry out the actions described in this subsection. (2) Positive report.--If the Secretary submitted a positive report under section 102(c)(1)-- (A) not later than November 30, 2005, the Secretary shall recognize the Band as an Indian tribe; and (B) title II shall apply to the Band. (3) Negative report.--If the Secretary submitted a negative report under section 102(c)(2), the Secretary shall-- (A) return the petition of the Band to the list maintained by the Office of Federal Acknowledgment; and (B) grant the Band any opportunity available to the Band to prove the status of the Band as an Indian tribe. TITLE II--MEMBERSHIP; JURISDICTION; LAND SEC. 201. RECOGNITION. Not later than November 30, 2005, if subsection (a)(2) or (b)(2) of section 103 applies, the Secretary shall-- (1) recognize the Tribe; and (2) publish notice of the recognition by the Secretary in the Federal Register. SEC. 202. MEMBERSHIP. (a) List of Present Membership.--Not later than 120 days after the date of recognition, the Tribe shall submit to the Secretary a list of all individuals that were members of the Tribe on the date of recognition. (b) List of Individuals Eligible for Membership.-- (1) In general.--Not later than the date that is 18 months after the date of recognition, the Tribe shall submit to the Secretary a membership roll listing all individuals enrolled for membership in the Tribe. (2) Qualifications.--The qualifications for inclusion on the membership roll of the Tribe shall be determined by the Tribe, in consultation with the Secretary, based on the membership clause in the governing document of the Tribe. (3) Publication of notice.--On receiving the membership roll under paragraph (1), the Secretary shall publish notice of the membership roll in the Federal Register. (c) Maintenance of Rolls.--The Tribe shall ensure that the membership roll of the Tribe is maintained. SEC. 203. FEDERAL SERVICES AND BENEFITS. (a) In General.--Not later than October 31, 2005, the Tribe and each member of the Tribe shall be eligible for all services and benefits provided by the Federal Government to Indians because of their status as Indians without regard to-- (1) the existence of a reservation; or (2) the location of the residence of a member on or near an Indian reservation. (b) Jurisdiction.-- (1) In general.--Subject to paragraph (2), for the purpose of delivering a Federal service to an enrolled member of the Tribe, the jurisdiction of the Tribe extends to-- (A) all land and water designated to the Ottawa in the treaties described in subparagraphs (A) and (B) of section 102(a)(1); and (B) all land and water described in any other treaty that provides for a right of the Tribe. (2) Effect of federal law.--Notwithstanding paragraph (1), the jurisdiction of the Tribe shall be consistent with Federal law. SEC. 204. RIGHTS OF THE TRIBE. (a) Abrogated and Diminished Rights.--Any right or privilege of the Tribe or any member of the Tribe that was abrogated or diminished before the date of recognition under section 201 is reaffirmed. (b) Existing Rights of Tribe.-- (1) In general.--This Act does not diminish any right or privilege of the Tribe or any member of the Tribe that existed prior to the date of recognition. (2) Legal and equitable claims.--Except as otherwise provided in this Act, nothing in this Act alters or affects any legal or equitable claim of the Tribe to enforce any right or privilege reserved by or granted to the Tribe that was wrongfully denied to or taken from the Tribe prior to the date of recognition. (c) Future Applications.--This Act does not address the merits of, or affect the right of the Tribe to submit, any future application regarding-- (1) placing land into trust; or (2) gaming (as defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)). SEC. 205. TRIBAL FUNDS. Notwithstanding section 110 of the Michigan Indian Land Claims Settlement Act (111 Stat. 2663), effective beginning on the date of enactment of this Act, any funds set aside by the Secretary for use by the Tribe shall be made available to the Tribe. SEC. 206. JURISDICTION OF TRUST LAND. (a) In General.--The Tribe shall have jurisdiction over all land taken into trust by the Secretary for the benefit of the Tribe, to the maximum extent allowed by law. (b) Service Area.--The Tribe shall have jurisdiction over all members of the Tribe that reside in the service area of the Tribe in matters pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.), as if the members resided on a reservation (as defined in that Act).

Grand River Band of Ottawa Indians of Michigan Referral Act - Provides for an expedited review of the petition of the Grand River Band of the Ottawa Indians of Michigan for recognition as a Federal Indian tribe.

A bill to expedite review of the Grand River Band of Ottawa Indians of Michigan to secure a timely and just determination of whether that group is entitled to recognition as a Federal Indian tribe.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Montgomery GI Bill for the 21st Century Act''. SEC. 2. EXCLUSION OF BASIC PAY CONTRIBUTIONS FOR PARTICIPATION IN BASIC EDUCATIONAL ASSISTANCE IN CERTAIN COMPUTATIONS ON STUDENT FINANCIAL AID. (a) Exclusion.--Subchapter II of chapter 30 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 3020A. Exclusion of basic pay contributions in certain computations on student financial aid ``(a) In General.--The expected family contribution computed under section 475, 476, or 477 of the Higher Education Act of 1965 (20 U.S.C. 1087oo, 1087pp, 1087qq) for a covered student shall be decreased by $1,200 for the applicable year. ``(b) Definitions.--In this section: ``(1) The term `academic year' has the meaning given the term in section 481(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 1088(a)(2)). ``(2) The term `applicable year' means the first academic year for which a student uses entitlement to basic educational assistance under this chapter. ``(3) The term `covered student' means any individual entitled to basic educational assistance under this chapter whose basic pay or voluntary separation incentives was or were subject to reduction under section 3011(b), 3012(c), 3018(c), 3018A(b), or 3018B(b) 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 3020 the following new item: ``3020A. Exclusion of basic pay contributions in certain computations on student financial aid.''. SEC. 3. OPPORTUNITY FOR ENROLLMENT IN BASIC EDUCATIONAL ASSISTANCE PROGRAM OF CERTAIN INDIVIDUALS WHO PARTICIPATED OR WERE ELIGIBLE TO PARTICIPATE IN POST-VIETNAM ERA VETERANS EDUCATIONAL ASSISTANCE PROGRAM. (a) Opportunity for Enrollment.--Section 3018C(e) of title 38, United States Code, is amended-- (1) in paragraph (1), by inserting ``or (3)'' after ``paragraph (2)''; (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; (3) by inserting after paragraph (2) the following new paragraph (3): ``(3) A qualified individual referred to in paragraph (1) is also an individual who meets each of the following requirements: ``(A) The individual is a participant in the educational benefits program under chapter 32 of this title as of the date of the enactment of the Montgomery GI Bill for the 21st Century Act, or was eligible to participate in such program, but had not participated in that program or any other educational benefits program under this title, as of that date. ``(B) The individual meets the requirements of subsection (a)(3). ``(C) The individual, when discharged or released from active duty, is discharged or released therefrom with an honorable discharge.''; (4) in paragraph (5), as so redesignated, by striking ``paragraph (3)(A)(ii)'' and inserting ``paragraph (4)(A)(ii)''; and (5) in paragraph (6), as so redesignated, by inserting ``, or individuals eligible to participate in that program who have not participated in that program or any other educational benefits program under this title,'' after ``chapter 32 of this title''. (b) Conforming and Clerical Amendments.--(1) The heading of such section is amended to read as follows: ``Sec. 3018C. Opportunity to enroll: certain VEAP participants; certain individuals eligible for participation in VEAP''. (2) The table of sections at the beginning of chapter 30 of such title is amended by striking the item relating to section 3018C and inserting the following new item: ``3018C. Opportunity to enroll: certain VEAP participants; certain individuals eligible for participation in VEAP.''. SEC. 4. COMMENCEMENT OF 10-YEAR DELIMITING PERIOD FOR VETERANS, SURVIVORS, AND DEPENDENTS WHO ENROLL IN TRAINING PROGRAM. (a) Veterans.--Section 3031 of title 38, United States Code, is amended-- (1) in subsection (a), by striking ``through (g), and subject to subsection (h)'' and inserting ``through (h), and subject to 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 eligible for educational assistance under this chapter who, during the 10-year period described in subsection (a) of this section, enrolls in a program of training under this chapter, the period during which the individual may use the individual's entitlement to educational assistance under this chapter expires on the last day of the 10-year period beginning on the first day of the individual's pursuit of such program of training.''. (b) Eligible Children.--Subsection (a) of section 3512 of such title is amended-- (1) in paragraph (6)(B), by striking ``and'' at the end; (2) in paragraph (7), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(8) if the person enrolls in a program of special restorative training under subchapter V of this chapter, such period shall begin on the first day of the person's pursuit of such program of special restorative training.''. (c) Eligible Surviving Spouses.--Subsection (b) of such section is amended by adding at the end the following new paragraph: ``(3) Notwithstanding the provisions of paragraph (1) of this subsection, any eligible person (as defined in section 3501(a)(1)(B) or (D)(ii) of this title) who, during the 10-year period described in paragraph (1) of this subsection, enrolls in a program of special restorative training under subchapter V of this chapter may be afforded educational assistance under this chapter during the 10-year period beginning on the first day of the individual's pursuit of such program of special restorative training.''. SEC. 5. AVAILABILITY OF EDUCATION BENEFITS FOR PAYMENT FOR NATIONAL ADMISSIONS EXAMS AND NATIONAL EXAMS FOR CREDIT AT INSTITUTIONS OF HIGHER EDUCATION. (a) Covered Exams.--Sections 3452(b) and 3501(a)(5) of title 38, United States Code, are each amended by adding at the end the following new sentence: ``Such term also includes national tests for admission to institutions of higher learning or graduate schools (such as the SAT, LSAT, GRE, and GMAT exams) and national tests providing an opportunity for course credit at institutions of higher learning (such as the AP exam).''. (b) Amount of Payment.-- (1) Chapter 30.--Section 3032 of such title is amended by adding at the end the following new subsection: ``(g)(1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a national test for admission or national test providing an opportunity for course credit at institutions of higher learning described in section 3452(b) of this title is the amount of the fee charged for the test. ``(2) The number of months of entitlement charged in the case of any individual for a test described in paragraph (1) is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such test by the full-time monthly institutional rate of educational assistance, except for paragraph (1), such individual would otherwise be paid under subsection (a)(1), (b)(1), (d), or (e)(1) of section 3015 of this title, as the case may be. ``(3) In no event shall payment of educational assistance under this subsection for a test described in paragraph (1) exceed the amount of the individual's available entitlement under this chapter.''. (2) Chapter 32.--Section 3232 of such title is amended by adding at the end the following new subsection: ``(d)(1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a national test for admission or national test providing an opportunity for course credit at institutions of higher learning described in section 3452(b) of this title is the amount of the fee charged for the test. ``(2) The number of months of entitlement charged in the case of any individual for a test described in paragraph (1) is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such test by the full-time monthly institutional rate of educational assistance, except for paragraph (1), such individual would otherwise be paid under this chapter. ``(3) In no event shall payment of educational assistance under this subsection for a test described in paragraph (1) exceed the amount of the individual's available entitlement under this chapter.''. (3) Chapter 34.--Section 3482 of such title is amended by adding at the end the following new subsection: ``(i)(1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a national test for admission or national test providing an opportunity for course credit at institutions of higher learning described in section 3452(b) of this title is the amount of the fee charged for the test. ``(2) The number of months of entitlement charged in the case of any individual for a test described in paragraph (1) is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such test by the full-time monthly institutional rate of educational assistance, except for paragraph (1), such individual would otherwise be paid under this chapter. ``(3) In no event shall payment of educational assistance under this subsection for a test described in paragraph (1) exceed the amount of the individual's available entitlement under this chapter.''. (4) Chapter 35.--Section 3532 of such title is amended by adding at the end the following new subsection: ``(g)(1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a national test for admission or national test providing an opportunity for course credit at institutions of higher learning described in section 3501(a)(5) of this title is the amount of the fee charged for the test. ``(2) The number of months of entitlement charged in the case of any individual for a test described in paragraph (1) is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such test by the full-time monthly institutional rate of educational assistance, except for paragraph (1), such individual would otherwise be paid under this chapter. ``(3) In no event shall payment of educational assistance under this subsection for a test described in paragraph (1) exceed the amount of the individual's available entitlement under this chapter.''. SEC. 6. INCREASE IN MAXIMUM AMOUNT OF HOME LOAN GUARANTY FOR CONSTRUCTION AND PURCHASE OF HOMES AND ANNUAL INDEXING OF AMOUNT. (a) Maximum Loan Guaranty Based on 100 Percent of Freddie Mac Conforming Loan Rate.--Section 3703(a)(1) of title 38, United States Code, is amended by striking ``$60,000'' each place it appears in subparagraphs (A)(i)(IV) and (B) and inserting ``the maximum guaranty amount (as defined in subparagraph (C))''. (b) Definition.--Such section is further amended by adding at the end the following new subparagraph: ``(C) In this paragraph, the term `maximum guaranty amount' means the dollar amount that is equal to 25 percent of the Freddie Mac conforming loan limit limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) for a single-family residence, as adjusted for the year involved.''.

Montgomery GI Bill for the 21st Century Act - Reduces, for purposes of certain student financial aid computations, the expected family contribution for individuals receiving educational assistance under the Montgomery GI Bill (MGIB) by an amount equal to the statutory reduction in basic pay or voluntary separation incentives for such individuals. Authorizes enrollment in the MGIB basic educational assistance program by certain individuals who participated in or were eligible to participate in the post-Vietnam era veteran's educational assistance program. Provides for commencement of the ten-year delimiting period for the receipt of certain training program benefits by veterans, survivors, and dependents upon commencement of such training. Makes MGIB educational benefits available for payment of fees associated with national admissions exams and national exams for credit at institutions of higher education. Increases the maximum loan guarantee amount for veterans seeking assistance under the Veterans Administration home loan guaranty program by indexing that amount to the Freddie Mac conforming loan limit, adjusted annually.

A bill to amend title 38, United States Code, to extend and enhance benefits under the Montgomery GI Bill, to improve housing benefits for veterans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Beginning Farmers and Ranchers Act of 2005''. SEC. 2. EXCLUSION OF GAIN FROM SALE OF CERTAIN FARMLAND. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by adding after section 121 the following new section: ``SEC. 121A. EXCLUSION OF GAIN FROM SALE OF QUALIFIED FARM PROPERTY. ``(a) Exclusion.--In the case of a natural person, gross income shall not include-- ``(1) 100 percent of the gain from the sale or exchange of qualified farm property to a first-time farmer who meets the certification requirement of subsection (d), ``(2) 50 percent of the gain from the sale or exchange of qualified farm property to any other person who meets the certification requirement of subsection (d), and ``(3) 25 percent of the gain from the sale or exchange of qualified farm property to any other person for any other use. ``(b) Limitation on Amount of Exclusion.-- ``(1) In general.--The amount of gain excluded from gross income under subsection (a) with respect to any taxable year shall not exceed $500,000 ($250,000 in the case of a married individual filing a separate return), reduced by the aggregate amount of gain excluded under subsection (a) for all preceding taxable years. ``(2) Special rule for joint returns.--The amount of the exclusion under subsection (a) on a joint return for any taxable year shall be allocated equally between the spouses for purposes of applying the limitation under paragraph (1) for any succeeding taxable year. ``(c) Definitions.--For purposes of this section-- ``(1) First-time farmer.--The term `first-time farmer' means a first-time farmer (as defined in section 147(c)(2)(C), determined without regard to clause (i)(II) thereof) who meets the requirements of section 147(c)(2)(B). For purposes of the preceding sentence, in applying clause (ii) of section 147(c)(2)(B), the material and substantial participation standard shall be treated as met with respect to a qualified farm if the first-time farmer will-- ``(A) perform not less than 1,000 hours of service with respect to such farm, or ``(B) provide half the required management and labor with respect to such farm. ``(2) Qualified farm property.--The term `qualified farm property' means real property located in the United States if-- ``(A) during periods aggregating 3 years or more of the 5-year period ending on the date of the sale or exchange of such real property, such real property was used as a farm for farming purposes by the taxpayer, the taxpayer's spouse, or other member of the family of the taxpayer, and ``(B) there was material participation by the taxpayer, the taxpayer's spouse, or other member of the family of the taxpayer in the operation of the farm during 3 years or more of the 5-year period ending on the earlier of-- ``(i) the sale or exchange of such real property, or ``(ii) the later of the retirement of the taxpayer or the taxpayer's spouse who materially participated. ``(3) Other definitions.--The terms `member of the family', `farm', `farming purposes', and `material participation' have the respective meanings given such terms by paragraphs (2), (4), (5), and (6) of section 2032A(e), respectively. ``(d) Use Certification as Farm for Farming Purposes.--The certification requirement of this subsection is a certification that the use of the qualified farm property referred to in subsection (a)(1) will be as a farm for farming purposes for not less than the 10-year period beginning on the date of the sale or exchange referred to in subsection (a)(1). ``(e) Special Rules.--For purposes of this section, the following rules shall apply: ``(1) Rules similar to the rules of subsections (e) and (f) of section 121. ``(2) Rules similar to the rules of paragraphs (4) and (5) of section 2032A(b) and paragraph (3) of section 2032A(e). ``(f) Treatment of Disposition or Change in Use of Property.-- ``(1) In general.--If, as of the close of any taxable year, there is a recapture event with respect to any qualified farm property transferred to the taxpayer in a sale or exchange described in paragraph (1) or (2) of subsection (a), then the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the product of-- ``(A) the applicable recapture percentage, and ``(B) 10 percent of the taxpayer's adjusted basis in the property on the date such property was transferred to the taxpayer. ``(2) Applicable recapture percentage.-- ``(A) In general.--For purposes of this subsection, the applicable recapture percentage shall be determined from the following table: ``If the recapture event occurs in: The applicable recapture percentage is: Years 1 through 5...................................... 100 Year 6................................................. 80 Year 7................................................. 60 Year 8................................................. 40 Year 9................................................. 20 Years 10 and thereafter................................ 0. ``(B) Years.--For purposes of subparagraph (A), year 1 shall begin on the date of the sale or exchange described in paragraph (1) or (2) of subsection (a). ``(3) Recapture event defined.--For purposes of this subsection, the term `recapture event' means-- ``(A) Cessation of operation.--The cessation of the operation of any property the sale or exchange of which to the taxpayer is described in paragraph (1) or (2) of subsection (a) as a farm for farming purposes. ``(B) Change in ownership.-- ``(i) In general.--Except as provided in clause (ii), the disposition of a taxpayer's interest in any property the sale or exchange of which to the taxpayer is described in paragraph (1) or (2) of subsection (a). ``(ii) Agreement to assume recapture liability.--Clause (i) shall not apply if the person acquiring such interest in the property agrees in writing to assume the recapture liability of the person disposing of such interest in effect immediately before such disposition. In the event of such an assumption, the person acquiring the interest in the property shall be treated as the taxpayer for purposes of assessing any recapture liability (computed as if there had been no change in ownership). ``(4) Special rules.-- ``(A) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under subpart A, B, or D of this part. ``(B) No recapture by reason of hardship.--The increase in tax under this subsection shall not apply to any disposition of property or cessation of the operation of any property as a farm for farming purposes by reason of any hardship as determined by the Secretary.''. (b) Conforming Amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding after the item relating to section 121 the following new item: ``Sec. 121A. Exclusion of gain from sale of qualified farm property.''. (c) Effective Date.--The amendment made by this section shall apply to any sale or exchange on or after the date of the enactment of this Act, in taxable years ending after such date.

Beginning Farmers and Ranchers Act of 2005 - Amends the Internal Revenue Code to exclude from gross income 100 percent of the gain, up to $500,000, from the sale of qualified farm property to a first-time farmer who certifies that such property will be used for farming purposes for ten years. Allows: (1) a 50 percent exclusion for the sale of qualified farm property to any other person who certifies that such property will be used for farming purposes for ten years; and (2) a 25 percent exclusion for the sale of qualified farm property to any other person for any other use. Defines "qualified farm property" as real property located in the United States which is used for farming purposes for a specified three-year period and in which there was material participation by the taxpayer or the taxpayer's spouse or family member. Requires the recapture of tax benefits if qualified farm property is sold or ceases operation as a farm before the required ten-year period.

To amend the Internal Revenue Code of 1986 to provide an exclusion for gain from the sale of farmland to encourage the continued use of the property for farming, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Healthy Forest Management Act of 2012''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Congressional declaration of bark beetle epidemic, drought, deteriorating forest health conditions, and high risk of wildfires in States as imminent threat. Sec. 4. State designation of high-risk areas of National Forest System and public lands. Sec. 5. Designation of high-risk areas by the Secretary concerned. Sec. 6. Use of emergency hazardous fuels reduction projects for high- risk areas. Sec. 7. Applicability of expedited procedures and authorities of Healthy Forests Restoration Act of 2003 to emergency hazardous fuels reduction projects. Sec. 8. Forest Service and Bureau of Land Management good-neighbor cooperation with States to reduce wildfire risks. Sec. 9. Stewardship end result contracting project authority. SEC. 2. DEFINITIONS. In this Act: (1) Emergency hazardous fuels reduction project.--The term ``emergency hazardous fuels reduction project'' means a project or activity carried out in a high-risk area to address the bark beetle epidemic, drought, or deteriorating forest health conditions and the resulting imminent risk of devastating wildfires. (2) High-risk area.--The term ``high-risk area'' means an area of National Forest System land or public lands identified under section 4 as an area suffering from the bark beetle epidemic, drought, or deteriorating forest health conditions, with the resulting imminent risk of devastating wildfires, or otherwise at high risk for bark beetle infestation, drought, or wildfire. (3) National forest system.--The term ``National Forest System'' has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). (4) Public lands.--The term ``public lands'' has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)). (5) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of Agriculture, with respect to the National Forest System; and (B) the Secretary of the Interior, with respect to public lands. (6) The term ``State'' means any of the several States containing National Forest System land or public lands. The term includes the Commonwealth of Puerto Rico. SEC. 3. CONGRESSIONAL DECLARATION OF BARK BEETLE EPIDEMIC, DROUGHT, DETERIORATING FOREST HEALTH CONDITIONS, AND HIGH RISK OF WILDFIRES IN STATES AS IMMINENT THREAT. Congress hereby declares that the bark beetle epidemic, drought, and deteriorating forest health conditions on National Forest System land and public lands in the States, with the resulting imminent risk of devastating wildfires that pose a significant threat to the economic stability of communities in the affected areas and the health, safety, and well-being of residents, firefighters, and visitors to the areas, is an ``imminent threat'' within the meaning of section 294.12(b)(1) of title 36, Code of Federal Regulations (2002 Edition) and any existing or pending roadless area management rule applicable to a State. SEC. 4. STATE DESIGNATION OF HIGH-RISK AREAS OF NATIONAL FOREST SYSTEM AND PUBLIC LANDS. (a) Designation Authority.--The Governor of a State may designate high-risk areas of the National Forest System and public lands in the State for the purposes of addressing-- (1) deteriorating forest health conditions in existence as of the date of the enactment of this Act due to the bark beetle epidemic or drought, with the resulting imminent risk of devastating wildfires; and (2) the future risk of insect infestations or disease outbreaks through preventative treatments to improve forest health conditions. (b) Consultation.--In designating high-risk areas, the Governor of a State shall consult with county government from affected counties and with affected Indian tribes. (c) Exclusion of Certain Areas.--The following National Forest System land or public lands may not be designated as a high-risk area: (1) A component of the National Wilderness Preservation System. (2) A National Monument. (d) Standards for Designation.--Designation of high-risk areas shall be consistent with standards and guidelines contained in the land and resource management plan or land use plan for the unit of the National Forest System or public lands for which the designation is being made, except that the Secretary concerned may modify such standards and guidelines to correspond with a specific high-risk area designation. (e) Time for Initial Designations.--The first high-risk areas should be designated not later than 60 days after the date of the enactment of this Act but may be designated at any time consistent with subsection (a). (f) Duration of Designation.--The designation of a high-risk area in a State shall expire 20 years after the date of the designation, unless earlier terminated by the Governor of the State. (g) Redesignation.--The expiration of the 20-year period specified in subsection (f) does not prohibit the Governor from redesignating an area of the National Forest System land or public lands as a high-risk area under this section if the Governor determines that the area of National Forest System land or public lands continues to be subject to the terms of this section (h) Recognition of Valid and Existing Rights.--The designation of a high-risk area shall not be construed to limit or restrict-- (1) access to National Forest System land or public lands included in the area for hunting, fishing, and other related purposes; or (2) valid and existing rights regarding the National Forest System land or public lands. SEC. 5. DESIGNATION OF HIGH-RISK AREAS BY THE SECRETARY CONCERNED. (a) Designation Authority.--The Secretary concerned may designate high-risk areas of the National Forest System and the public lands for the purposes of addressing-- (1) deteriorating forest health conditions in existence as of the date of the enactment of this Act due to the bark beetle epidemic or drought, with the resulting imminent risk of devastating wildfires; and (2) the future risk of insect infestations or disease outbreaks through preventative treatments to improve forest health conditions. (b) Consultation.--In designating high-risk areas, the Secretary concerned shall consult with Governors of affected States, county government from affected counties, and with affected Indian tribes. (c) Exclusion of Certain Areas.--The following National Forest System land or public lands may not be designated as a high-risk area: (1) A component of the National Wilderness Preservation System. (2) A National Monument. (d) Standards for Designation.--Designation of high risk areas shall be consistent with standards and guidelines contained in the land and resource management plan or land use plan for the unit of the National Forest System or public lands for which the designation is being made, except that the Secretary concerned may modify such standards and guidelines to correspond with a specific high-risk area designation. (e) Time for Initial Designations.--The first high-risk areas should be designated not later than 60 days after the date of the enactment of this Act but may be designated at any time consistent with subsection (a). (f) Duration of Designation.--The designation of a high-risk area in a State shall expire 20 years after the date of the designation, unless earlier terminated by the Secretary concerned. (g) Redesignation.--The expiration of the 20-year period specified in subsection (f) does not prohibit the Secretary concerned from redesignating an area of the National Forest System or public lands as a high-risk area if the Secretary determines that the National Forest System land or public lands continues to be subject to the terms of this section, except that such redesignation is subject to consultation with Governors from affected States, county government from affected counties, and affected Indian tribes. (h) Recognition of Valid and Existing Rights.--The designation of a high-risk area shall not be construed to limit or restrict-- (1) access to National Forest System land or public lands included in the area for hunting, fishing, and other related purposes; or (2) valid and existing rights regarding the National Forest System land or public lands. SEC. 6. USE OF EMERGENCY HAZARDOUS FUELS REDUCTION PROJECTS FOR HIGH- RISK AREAS. (a) Project Proposals.-- (1) Proposals authorized.--Upon designation of a high-risk area in a State, the Governor of the State may provide for the development of proposed emergency hazardous fuels reduction projects for the high-risk area. The Secretary concerned also may develop emergency hazardous fuels reduction projects. (2) Project criteria.--In preparing proposed emergency hazardous fuels reduction projects, the Governor of a State and the Secretary concerned shall-- (A) take into account managing for rights of way, protection of watersheds, protection of wildlife and endangered species habitat, safe-guarding water resources, and protecting local communities from wildfires; and (B) emphasize activities that thin the forest to provide the greatest health and longevity of the forest. (b) Prohibition on Certain Activities.--An emergency hazardous fuels reduction project may not include clear cutting of timber. (c) Consultation.--In preparing proposed emergency hazardous fuels reduction projects, the Governor of a State shall consult with county government from affected counties, and with affected Indian tribes. If the Secretary concerned develops a proposal, the Secretary concerned shall consult with the Governor of the affected State, county government from affected counties, and affected Indian tribes. (d) Submission and Implementation.--The Governor of a State shall submit proposed emergency hazardous fuels reduction projects to the Secretary concerned for implementation. (e) Implementation of Projects.-- (1) State proposed projects.--The Secretary concerned shall implement hazardous fuels reduction projects proposed by Governors within 60 days of the date on which the Secretary receives the proposal. (2) Secretary proposed projects.--The Secretary concerned shall implement hazardous fuels reduction projects proposed by the Secretary concerned within 60 days of the date on which the proposal is finalized. SEC. 7. APPLICABILITY OF EXPEDITED PROCEDURES AND AUTHORITIES OF HEALTHY FORESTS RESTORATION ACT OF 2003 TO EMERGENCY HAZARDOUS FUELS REDUCTION PROJECTS. (a) Applicability.--Subject to subsections (b) through (e), title I of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.) (including the environmental analysis requirements of section 104 of that Act (16 U.S.C. 6514), the special administrative review process under section 105 of that Act (16 U.S.C. 6515), and the judicial review process under section 106 of that Act (16 U.S.C. 6516)), shall apply to all emergency hazardous fuels reduction projects developed under section 6. (b) Application of Other Law.--Section 322 of Public Law 102-381 (16 U.S.C. 1612 note; 106 Stat. 1419) shall not apply to Forest Service emergency hazardous fuels reduction projects. (c) Required Modifications.--In applying title I of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.) to emergency hazardous fuels reduction projects, the Secretary concerned shall make the following modifications: (1) The authority shall apply to the entire high-risk area, including land that is outside of a wildland-urban interface area or that does not satisfy any of the other eligibility criteria specified in section 102(a) of that Act (16 U.S.C. 6512(a)). (2) All projects and activities of the Secretary concerned, including necessary connected actions (as described in section 1508.25(a)(1) of title 40, Code of Federal Regulations), of the emergency hazardous fuels reduction project shall be deemed to be an authorized hazardous fuel reduction project for purposes of applying the title. (d) Forest Management Plans.--All projects and activities carried out as part of an emergency hazardous fuels reduction project in a designated high-risk area shall be consistent with standards and guidelines contained in the land and resource management plan or land use plan for the unit of the National Forest System or public lands for which the designation is made, except that the Secretary concerned may modify such standards and guidelines to correspond with a specific high-risk area designation. (e) Retention of NEPA Responsibilities.--Any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any project or activity to be carried out as part of an emergency hazardous fuels reduction project in a high- risk area shall not be delegated to a State forester or any other officer or employee of the State in which the emergency hazardous fuels reduction project will be carried out. (f) Categorical Exclusion.--If a project or activity to be carried out as part of an emergency hazardous fuels reduction project in a high-risk area involves the removal of insect-infected trees or other hazardous fuels within 500 feet of utility or telephone infrastructure, campgrounds, roadsides, heritage sites, recreation sites, schools, or other infrastructure, the project or activity is categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) so long as the project or activity is otherwise conducted consistently with agency and departmental procedures and the applicable land and resource management plan or land use plan. SEC. 8. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT GOOD-NEIGHBOR COOPERATION WITH STATES TO REDUCE WILDFIRE RISKS. (a) Definitions.--In this section: (1) Eligible state.--The term ``eligible State'' means a State that contains National Forest System land. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (3) State forester.--The term ``State forester'' means the head of a State agency with jurisdiction over State forestry programs in an eligible State. (b) Cooperative Agreements and Contracts.-- (1) In general.--The Secretary may enter into a cooperative agreement or contract (including a sole source contract) with a State forester to authorize the State forester to provide the forest, rangeland, and watershed restoration and protection services described in paragraph (2) on National Forest System land in the eligible State. (2) Authorized services.--The forest, rangeland, and watershed restoration and protection services referred to in paragraph (1) include the conduct of-- (A) activities to treat insect infected trees; (B) activities to reduce hazardous fuels; and (C) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. (3) State as agent.--Except as provided in paragraph (6), a cooperative agreement or contract entered into under paragraph (1) may authorize the State forester to serve as the agent for the Secretary in providing the restoration and protection services authorized under that paragraph. (4) Subcontracts.--In accordance with applicable contract procedures for the eligible State, a State forester may enter into subcontracts to provide the restoration and protection services authorized under a cooperative agreement or contract entered into under paragraph (1). (5) Timber sales.--Subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply to services performed under a cooperative agreement or contract entered into under paragraph (1). (6) Retention of nepa responsibilities.--Any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any restoration and protection services to be provided under this section by a State forester on National Forest System land shall not be delegated to a State forester or any other officer or employee of the eligible State. (7) Applicable law.--The restoration and protection services to be provided under this section shall be carried out on a project-to-project basis under existing authorities of the Forest Service. SEC. 9. STEWARDSHIP END RESULT CONTRACTING PROJECT AUTHORITY. (a) Extension of Authority.--Section 347(a) of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105-277; 16 U.S.C. 2104 note) is amended by striking ``2013'' and inserting ``2017''. (b) Duration of Contracts.--Section 347(c)(2) of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105-277; 16 U.S.C. 2104 note) is amended by striking ``10 years'' and inserting ``20 years''.

Healthy Forest Management Act of 2012 - Declares that the bark beetle epidemic, drought, and deteriorating forest health conditions on National Forest System land and public lands, with the resulting imminent risk of devastating wildfires, is an imminent threat within the meaning of roadless area management regulations applicable to a state. Allows a state governor or the Secretary of Agriculture (USDA), with respect the National Forest System, or of the Interior, with respect to public lands, to designate high-risk areas of the national forests and public lands in the state for purposes of addressing: (1) deteriorating forest health conditions due to the bark beetle epidemic or drought, with the resulting imminent risk of devastating wildfires; and (2) the future risk of insect infestations or disease outbreaks through preventative treatments to improve forest health conditions. Excludes wilderness areas and national monuments from designation as high-risk areas. Establishes a 20-year period for such high-risk area designation. Allows a governor or the Secretary, upon designation of a high-risk area, to provide for the development of proposed emergency hazardous fuels reduction projects for the area. Prohibits clear cutting as a part of any such project. Applies the administrative and judicial review processes of the Healthy Forests Restoration Act of 2003, with modifications, to such projects. Authorizes the Secretary concerned to enter into cooperative agreements and contracts with state foresters to provide forest, rangeland, and watershed restoration and protection services that include: (1) activities to treat insect infected trees; (2) activities to reduce hazardous fuels; and (3) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. Permits state foresters to enter into subcontracts to provide such restoration and protection services. Amends the Department of the Interior and Related Agencies Appropriations Act, 1999 to extend the authority to enter, and the duration of, contracts to perform services to achieve land management goals for national forests that meet local and rural community needs.

To address the bark beetle epidemic, drought, deteriorating forest health conditions, and high risk of wildfires on National Forest System land and land under the jurisdiction of the Bureau of Land Management in the United States by expanding authorities established in the Healthy Forest Restoration Act of 2003 to provide emergency measures for high-risk areas identified by such States, to make permanent Forest Service and Bureau of Land Management authority to conduct good-neighbor cooperation with States to reduce wildfire risks, and for other purposes.

SECTION 1. FINANCIAL DISCLOSURE STATEMENTS REQUIRED BY CERTAIN INTELLIGENCE COMMUNITY EMPLOYEES. (a) In General.--(1) The head of each component of the intelligence community of the United States shall submit to the President and the intelligence committees of Congress a report containing a list of all positions under the component that are classified at or below a position of GS-15 of the General Schedule and that require the individuals occupying the positions to have access to information critical to the national security interests of the United States. (2) The reports required by paragraph (1) shall be submitted not later than 90 days after the date of enactment of this Act. (3) The President shall submit a report described in paragraph (1) to the intelligence committees of Congress with respect to staff positions on the National Security Council. (b) Disclosure Statements.--Any individual occupying a position described in subsection (a) during any calendar year who performs the duties of his position or office for a period in excess of 60 days in that calendar year shall file with the head of the appropriate agency or component on or before May 15 of the succeeding year a report containing the information described in section 102(a) of the Ethics in Government Act of 1978. (c) Regulations Required.--The President shall prescribe such regulations as may be necessary to carry out this section. (d) Definitions.--For purposes of this section-- (1) the term ``intelligence committees of Congress'' means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate; and (2) the term ``intelligence community'' has the meaning given to that term by section 3(4) of the National Security Act of 1947. SEC. 2. FBI COUNTERINTELLIGENCE ACCESS TO CONSUMER CREDIT RECORDS. Section 608 of the Fair Credit Reporting Act (15 U.S.C. 1681f) is amended-- (1) by striking ``Notwithstanding'' and inserting ``(a) Disclosure of Certain Identifying Information.-- Notwithstanding''; and (2) by adding at the end the following new subsection: ``(b) Disclosures to the FBI for Counterintelligence Purposes.-- ``(1) Consumer reports.--Notwithstanding section 604, a consumer reporting agency shall furnish a consumer report to the Federal Bureau of Investigation when presented with a written request for a consumer report, signed by the Director of the Federal Bureau of Investigation or the Director's designee (hereafter in this section referred to as the `Director'), which certifies compliance with this subsection. The Director's designee may make such a certification only if the Director has determined in writing that-- ``(A) such records are necessary for the conduct of an authorized foreign counterintelligence investigation; and ``(B) there are specific and articulable facts giving reason to believe that the consumer whose consumer report is sought is a foreign power or an agent of a foreign power, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978. ``(2) Identifying information.--Notwithstanding section 604, a consumer reporting agency shall furnish information respecting a consumer which shall include, but shall not be limited to, name, address, former addresses, places of employment, or former places of employment, to the Federal Bureau of Investigation when presented with a written request, signed by the Director, which certifies compliance with this subsection. The Director may make such a certification only if the Director has determined in writing that-- ``(A) such information is necessary to the conduct of an authorized foreign counterintelligence investigation; and ``(B) there is information giving reason to believe that the consumer has been, or is about to be, in contact with a foreign power or an agent of a foreign power, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978. ``(3) Confidentiality.--A consumer reporting agency, or officer, employee, or agent of such consumer reporting agency shall not-- ``(A) disclose to any person, other than those officers, employees, or agents of such agency necessary to fulfill the requirement to disclose information to the Federal Bureau of Investigation under this subsection, that the Federal Bureau of Investigation has sought or obtained a consumer report or identifying information respecting any consumer under paragraph (1) or (2), or ``(B) include in any consumer report any information that would indicate that the Federal Bureau of Investigation has sought or obtained such a consumer report or identifying information. ``(4) Payment of fees.--The Federal Bureau of Investigation shall, subject to the availability of appropriations, pay to the consumer reporting agency assembling or providing credit reports or identifying information in accordance with procedures established under this title, a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching, reproducing, or transporting books, papers, records, or other data required or requested to be produced under this subsection. ``(5) Limit on dissemination.--The Federal Bureau of Investigation may not disseminate information obtained pursuant to this subsection outside of the Federal Bureau of Investigation, except to the Department of Justice as may be necessary for the approval or conduct of a foreign counterintelligence investigation. ``(6) Rules of construction.--Nothing in this subsection shall be construed to prohibit information from being furnished by the Federal Bureau of Investigation pursuant to a subpoena or court order, or in connection with a judicial or administrative proceeding to enforce the provisions of this title. Nothing in this subsection shall be construed to authorize or permit the withholding of information from the Congress. ``(7) Reports to the congress.--On a semiannual basis, the Attorney General of the United States shall fully inform the Permanent Select Committee on Intelligence and the Committee on Banking, Finance and Urban Affairs of the House of Representatives, and the Select Committee on Intelligence and the Committee on Banking, Housing, and Urban Affairs of the Senate concerning all requests made pursuant to paragraphs (1) and (2). ``(8) Damages.--Any agency or department of the United States obtaining or disclosing credit reports, records, or information contained therein in violation of this subsection is liable to the consumer to whom such records relate in an amount equal to this sum of-- ``(A) $100, without regard to the volume of records involved; ``(B) any actual damages sustained by the consumer as a result of the disclosure; ``(C) such punitive damages as a court may allow, where the violation is found to have been willful or intentional; and ``(D) in the case of any successful action to enforce liability under this subsection, the costs of the action, together with reasonable attorney's fees, as determined by the court. ``(9) Disciplinary actions for violations.--If a court determines that any agency or department of the United States has violated any provision of this subsection and the court finds that the circumstances surrounding the violation raise questions of whether or not an officer or employee of the agency or department acted willfully or intentionally with respect to the violation, the agency or department shall promptly initiate a proceeding to determine whether or not disciplinary action is warranted against the officer or employee who was responsible for the violation. ``(10) Good-faith exception.--Any credit reporting agency, or agent or employee thereof, making a disclosure of credit reports or identifying information pursuant to this subsection in good-faith reliance upon a certification by the Federal Bureau of Investigation pursuant to this subsection shall not be liable to any person for such disclosure under this title, the constitution of any State, or any law or regulation of any State or any political subdivision of any State. ``(11) Limitation of remedies.--The remedies and sanctions set forth in this subsection shall be the only judicial remedies and sanctions for violations of this subsection. ``(12) Injunctive relief.--In addition to any other remedy contained in this subsection, injunctive relief shall be available to require compliance with this subsection. In the event of any successful action under this subsection, costs, together with reasonable attorney's fees, as determined by the court, may be recovered.''.

Directs the head of each component of the U.S. intelligence community to submit to the President and the congressional intelligence committees a list of all positions that are classified at or below the GS-15 level and that require the individuals to have access to information critical to U.S. national security interests. Requires individuals occupying such positions in excess of 90 days in a calendar year to submit with the head of their agency or component disclosure statements as required under the Ethics in Government Act of 1978. Amends the Fair Credit Reporting Act to require a consumer reporting agency (CRA) to file with the Federal Bureau of Investigation (FBI) when requested a consumer report concerning an individual when the FBI Director has certified that: (1) such records are necessary for the conduct of an authorized foreign counterintelligence investigation; and (2) there is sufficient reason to believe that the subject of the report is a foreign power or agent. Outlines information with respect to: (1) identifying information required to be included by a CRA in the report: (2) CRA protection of confidentiality requirements; (3) FBI fee payments for such reports; (4) FBI information dissemination limits; (5) required congressional reports by the Attorney General with respect to all such requests; (6) authorized damages to the consumer for unauthorized receipt or disclosure of such information; (7) disciplinary actions against violators; (8) good faith exceptions for CRA reliance on an FBI certification; and (9) injunctive relief.

A bill to require certain disclosures of financial information to expose espionage activities by foreign agents in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on the Advancement of Women and Minorities in Science, Engineering, and Technology Development Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the National Science Foundation's 1996 report, Women, Minorities, and Persons with Disabilities in Science and Engineering-- (A) women have historically been underrepresented in scientific and engineering occupations, and although progress has been made over the last several decades, there is still room for improvement; (B) female and minority students take fewer high- level mathematics and science courses in high school; (C) female students earn fewer bachelors, masters, and doctoral degrees in science and engineering; (D) among recent bachelors of science and bachelors of engineering graduates, women are less likely to be in the labor force, to be employed full-time, and to be employed in their field than are men; (E) among doctoral scientists and engineers, women are far more likely to be employed at 2-year institutions, are far less likely to be employed in research universities, and are much more likely to teach part-time; (F) among university full-time faculty, women are less likely to chair departments or hold high-ranked positions; (G) a substantial salary gap exists between men and women with doctorates in science and engineering; (H) Blacks, Hispanics, and Native Americans continue to be seriously underrepresented in graduate science and engineering programs; and (I) Blacks, Hispanics, and Native Americans as a group are 23 percent of the population of the United States, but only 6 percent are scientists or engineers. (2) According to the National Research Council's 1995 report, Women Scientists and Engineers Employed in Industry: Why So Few?-- (A) limited access is the first hurdle faced by women seeking industrial jobs in science and engineering, and while progress has been made in recent years, common recruitment and hiring practices that make extensive use of traditional networks often overlook the available pool of women; (B) once on the job, many women find paternalism, sexual harassment, allegations of reverse discrimination, different standards for judging the work of men and women, lower salary relative to their male peers, inequitable job assignments, and other aspects of a male-oriented culture that are hostile to women; and (C) women to a greater extent than men find limited opportunities for advancement, particularly for moving into management positions, and the number of women who have achieved the top levels in corporations is much lower than would be expected, based on the pipeline model. (3) The establishment of a commission to examine issues raised by the findings of these 2 reports would help-- (A) to focus attention on the importance of eliminating artificial barriers to the recruitment, retention, and advancement of women and minorities in the fields of science, engineering, and technology, and in all employment sectors of the United States; (B) to promote work force diversity; (C) to sensitize employers to the need to recruit and retain women and minority scientists, engineers, and computer specialists; and (D) to encourage the replication of successful recruitment and retention programs by universities, corporations, and Federal agencies having difficulties in employing women or minorities in the fields of science, engineering, and technology. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``Commission on the Advancement of Women and Minorities in Science, Engineering, and Technology Development'' (in this Act referred to as the ``Commission''). SEC. 4. DUTY OF THE COMMISSION. The Commission shall review available research, and, if determined necessary by the Commission, conduct additional research to-- (1) identify the number of women, minorities, and individuals with disabilities in the United States in specific types of occupations in science, engineering, and technology development; (2) examine the preparedness of women, minorities, and individuals with disabilities to-- (A) pursue careers in science, engineering, and technology development; and (B) advance to positions of greater responsibility within academia, industry, and government; (3) describe the practices and policies of employers and labor unions relating to the recruitment, retention, and advancement of women, minorities, and individuals with disabilities in the fields of science, engineering, and technology development; (4) identify the opportunities for, and artificial barriers to, the recruitment, retention, and advancement of women, minorities, and individuals with disabilities in the fields of science, engineering, and technology development in academia, industry, and government; (5) compile a synthesis of available research on lawful practices, policies, and programs that have successfully led to the recruitment, retention, and advancement of women, minorities, and individuals with disabilities in science, engineering, and technology development; (6) issue recommendations with respect to lawful policies that government (including Congress and appropriate Federal agencies), academia, and private industry can follow regarding the recruitment, retention, and advancement of women, minorities, and individuals with disabilities in science, engineering, and technology development; (7) identify the disincentives for women, minorities, and individuals with disabilities to continue graduate education in the fields of engineering, physics, and computer science; (8) identify university undergraduate programs that are successful in retaining women, minorities, and individuals with disabilities in the fields of science, engineering, and technology development; (9) identify the disincentives that lead to a disproportionate number of women, minorities, and individuals with disabilities leaving the fields of science, engineering, and technology development before completing their undergraduate education; (10) assess the extent to which the recommendations of the Task Force on Women, Minorities, and the Handicapped in Science and Technology established under section 8 of the National Science Foundation Authorization Act for Fiscal Year 1987 (Public Law 99-383; 42 U.S.C. 1885a note) have been implemented; (11) compile a list of all Federally funded reports on the subjects of encouraging women, minorities, and individuals with disabilities to enter the fields of science and engineering and retaining women, minorities, and individuals with disabilities in the science and engineering workforce that have been issued since the date that the Task Force described in paragraph (10) submitted its report to Congress; (12) assess the extent to which the recommendations contained in the reports described in paragraph (11) have been implemented; and (13) evaluate the benefits of family-friendly policies in order to assist recruiting, retaining, and advancing women in the fields of science, engineering, and technology such as the benefits or disadvantages of the Family and Medical Leave Act of 1993 (29 U.S.C. 2001 et seq.). SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 11 members as follows: (1) 1 member appointed by the President from among for- profit entities that hire individuals in the fields of engineering, science, or technology development. (2) 2 members appointed by the Speaker of the House of Representatives from among such entities. (3) 1 member appointed by the minority leader of the House of Representatives from among such entities. (4) 2 members appointed by the majority leader of the Senate from among such entities. (5) 1 member appointed by the minority leader of the Senate from among such entities. (6) 2 members appointed by the Chairman of the National Governors Association from among individuals in education or academia in the fields of life science, physical science, or engineering. (7) 2 members appointed by the Vice Chairman of the National Governors Association from among such individuals. (b) Initial Appointments.--Initial appointments shall be made under subsection (a) not later than 90 days after the date of the enactment of this Act. (c) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Pay of Members.--Members shall not be paid by reason of their service on the Commission. (e) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. (g) Chairperson.--The Chairperson of the Commission shall be elected by the members. (h) Meetings.--The Commission shall meet not fewer than 5 times in connection with and pending the completion of the report described in section 8. The Commission shall hold additional meetings for such purpose if the Chairperson or a majority of the members of the Commission requests the additional meetings in writing. (i) Employment Status.--Members of the Commission shall not be deemed to be employees of the Federal Government by reason of their work on the Commission except for the purposes of-- (1) the tort claims provisions of chapter 171 of title 28, United States Code; and (2) subchapter I of chapter 81 of title 5, United States Code, relating to compensation for work injuries. SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Director.--The Commission shall appoint a Director who shall be paid at a rate not to exceed the maximum annual rate of basic pay payable under section 5376 of title 5, United States Code. (b) Staff.--The Commission may appoint and fix the pay of additional personnel as the Commission considers appropriate. (c) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable under section 5376 of title 5, United States Code. (d) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the maximum annual rate of basic pay payable under section 5376 of title 5, United States Code. (e) Staff of Federal Agencies.--Upon request of the Commission, the Director of the National Science Foundation or the head of any other Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 7. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Contract Authority.--To the extent provided in advance in appropriations Acts, the Commission may contract with and compensate government and private agencies or persons for the purpose of conducting research or surveys necessary to enable the Commission to carry out its duties under this Act. SEC. 8. REPORT. Not later than 1 year after the date on which the initial appointments under section 5(a) are completed, the Commission shall submit to the President, the Congress, and the highest executive official of each State, a written report containing the findings, conclusions, and recommendations of the Commission resulting from the study conducted under section 4. SEC. 9. CONSTRUCTION; USE OF INFORMATION OBTAINED. (a) In General.--Nothing in this Act shall be construed to require any non-Federal entity (such as a business, college or university, foundation, or research organization) to provide information to the Commission concerning such entity's personnel policies, including salaries and benefits, promotion criteria, and affirmative action plans. (b) Use of Information Obtained.--No information obtained from any entity by the Commission may be used in connection with any employment related litigation. SEC. 10. TERMINATION; ACCESS TO INFORMATION. (a) Termination.--The Commission shall terminate 30 days after submitting the report required by section 8. (b) Access to Information.--On or before the date of the termination of the Commission under subsection (a), the Commission shall provide to the National Science Foundation the information gathered by the Commission in the process of carrying out its duties under this Act. The National Science Foundation shall act as a central repository for such information and shall make such information available to the public, including making such information available through the Internet. SEC. 11. REVIEW OF INFORMATION PROVIDED BY THE NATIONAL SCIENCE FOUNDATION AND OTHER AGENCIES. (a) Provision of Information.--At the request of the Commission, the National Science Foundation and any other Federal department or agency shall provide to the Commission any information determined necessary by the Commission to carry out its duties under this Act, including-- (1) data on academic degrees awarded to women, minorities, and individuals with disabilities in science, engineering, and technology development, and workforce representation and the retention of women, minorities, individuals with disabilities in the fields of science, engineering, and technology development; and (2) information gathered by the National Science Foundation in the process of compiling its biennial report on Women, Minorities, and Persons with Disabilities in Science and Engineering. (b) Review of Information.--The Commission shall review any information provided under subsection (a) and shall include in the report required under section 8-- (1) recommendations on how to correct any deficiencies in the collection of the types of information described in that subsection, and in the analysis of such data, which might impede the characterization of the factors which affect the attraction and retention of women, minorities, and individuals with disabilities in the fields of science, engineering, and technology development; and (2) an assessment of the biennial report of the National Science Foundation on Women, Minorities, and Persons with Disabilities in Science and Engineering, and recommendations on how that report could be improved. SEC. 12. DEFINITION OF STATE. In this Act, the term ``State'' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $400,000 for fiscal year 1999; and (2) $400,000 for fiscal year 2000.

Commission on the Advancement of Women and Minorities in Science, Engineering, and Technology Development Act - Establishes the Commission on the Advancement of Women and Minorities in Science, Engineering, and Technology Development. Directs the Commission to review available research and conduct additional necessary research to: (1) identify the number of women, minorities, and individuals with disabilities in the United States in specific types of occupations in science, engineering, and technology development; (2) examine the preparedness of such persons to pursue careers in such fields and to advance to positions of greater responsibility within academia, industry, and government; (3) describe the practices and policies of employers and labor unions relating to the recruitment, retention, and advancement of such persons in the such fields; (4) identify the opportunities for, and artificial barriers to, the recruitment, retention, and advancement of such persons in such fields; (5) compile a synthesis of available research on lawful practices, policies, and programs that have successfully led to the recruitment, retention, and advancement of such persons in such fields and issue recommendations with respect to lawful policies that Government (including the Congress and appropriate Federal agencies), academia, and private industry can follow; (6) identify the disincentives for such persons to continue graduate education in such fields and the disincentives that lead to a disproportionate number of such persons leaving such fields; (7) identify university undergraduate programs that are successful in retaining such persons in such fields; (8) assess the extent to which the recommendations of the Task Force on Women, Minorities, and the Handicapped in Science and Technology have been implemented; (9) compile a list of all federally funded reports on the subjects of encouraging such persons to enter the fields of science and engineering and retaining such persons in the science and engineering workforce that have been issued since the Task Force submitted its report to the Congress; (10) assess the extent to which the recommendations contained in such reports have been implemented; and (11) evaluate the benefits of family-friendly policies such as the Family and Medical Leave Act of 1993 in order to assist recruiting, retaining, and advancing women in the fields of science, engineering, and technology. Requires the Commission to report its findings and recommendations to the President, the Congress, and the highest executive official of each State within one year after its members have been appointed. Terminates the Commission 30 days after the submission of its report. Directs the Commission to provide the information gathered to the National Science Foundation (NSF) which shall act as a central repository and make such information available to the public, including through the Internet. Requires NSF and any other Federal agency to provide any information requested by the Commission, including: (1) data on academic degrees awarded to such persons in science, engineering, and technology development and workforce representation and the retention of such persons in such fields; and (2) information gathered by NSF in the compilation of its biennial report on Women, Minorities, and Persons with Disabilities in Science and Engineering. Requires the Commission to review such information and include in its report: (1) recommendations on how to correct any deficiencies in the collection and analysis of the information which might impede the characterization of the factors which affect the attraction and retention of such persons in such fields; and (2) an assessment of the NSF's biennial report and recommendations on how that report could be improved. Authorizes appropriations for FY 1999 and 2000.

Commission on the Advancement of Women and Minorities in Science, Engineering, and Technology Development Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Office Tax Deduction Simplification and Improvement Act of 2008''. SEC. 2. OPTIONAL STANDARD HOME OFFICE DEDUCTION. (a) In General.--Subsection (c) of section 280A of the Internal Revenue Code of 1986 (relating to exceptions for certain business or rental use; limitation on deductions for such use) is amended by adding at the end the following new paragraph: ``(7) Election of standard home office deduction.-- ``(A) In general.--In the case of an individual who is allowed a deduction for the use of a portion of a dwelling unit as a business by reason of paragraph (1), (2), or (4), notwithstanding the limitations of paragraph (5), if such individual elects the application of this paragraph for the taxable year with respect to such dwelling unit, such individual shall be allowed a deduction equal to the standard home office deduction for the taxable year in lieu of the deductions otherwise allowable under this chapter for such taxable year by reason of paragraph (1), (2), or (4). ``(B) Standard home office deduction.-- ``(i) In general.--For purposes of this paragraph, the standard home office deduction is an amount equal to the product of-- ``(I) the applicable home office standard rate, and ``(II) the square footage of the portion of the dwelling unit to which paragraph (1), (2), or (4) applies. ``(ii) Applicable home office standard rate.--For purposes of this subparagraph, the term `applicable home office standard rate' means the rate applicable to the taxpayer's category of business, as determined and published by the Secretary for the 3 categories of businesses described in paragraphs (1), (2), and (4) for the taxable year. ``(iii) Maximum square footage taken into account.--The Secretary shall determine and publish annually the maximum square footage that may be taken into account under clause (i)(II) for each of the 3 categories of businesses described in paragraphs (1), (2), and (4) for the taxable year. ``(C) Effect of election.-- ``(i) General rule.--Except as provided in clause (ii), any election under this paragraph, once made by the taxpayer with respect to any dwelling unit, shall continue to apply with respect to such dwelling unit for each succeeding taxable year. ``(ii) One-time election per dwelling unit.--A taxpayer who elects the application of this paragraph in a taxable year with respect to any dwelling unit may revoke such application in a subsequent taxable year. After so revoking, the taxpayer may not elect the application of this paragraph with respect to such dwelling unit in any subsequent taxable year. ``(D) Denial of double benefit.-- ``(i) In general.--Except as provided in clause (ii), in the case of a taxpayer who elects the application of this paragraph for the taxable year, no other deduction or credit shall be allowed under this subtitle for such taxable year for any amount attributable to the portion of a dwelling unit taken into account under this paragraph. ``(ii) Exception for disaster losses.--A taxpayer who elects the application of this paragraph in any taxable year may take into account any disaster loss described in section 165(i) as a loss under section 165 for the applicable taxable year, in addition to the standard home office deduction under this paragraph for such taxable year. ``(E) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this paragraph.''. (b) Modification of Home Office Business Use Rules.-- (1) Place of meeting.--Subparagraph (B) of section 280A(c)(1) of the Internal Revenue Code of 1986 is amended to read as follows: ``(B) as a place of business which is used by the taxpayer in meeting or dealing with patients, clients, or customers in the normal course of the taxpayer's trade or business, or''. (2) De minimis personal use.--Paragraph (1) of section 280A(c) of such Code is amended by striking ``for the convenience of his employer'' and inserting ``for the convenience of such employee's employer. A portion of a dwelling unit shall not fail to be deemed as exclusively used for business for purposes of this paragraph solely because a de minimis amount of non-business activity may be carried out in such portion''. (c) Reporting of Expenses Relating to Home Office Deduction.-- Within 60 days after the date of the enactment of this Act, the Secretary of the Treasury shall ensure that all forms and schedules used to calculate or report itemized deductions and profits or losses from business or farming state separately amounts attributable to real estate taxes, mortgage interest, and depreciation for purposes of the deductions allowable under paragraphs (1), (2), (4), and (7) of section 280A(c) of the Internal Revenue Code of 1986. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008.

Home Office Tax Deduction Simplification and Improvement Act of 2008 - Amends the Internal Revenue Code to allow a taxpayer who uses a residence to conduct a trade or business to elect a standard tax deduction equal to the product of a standard rate determined by the Secretary of the Treasury and the square footage of the portion of a residence used to conduct a trade or business (home office tax deduction). Modifies the rules for the home office tax deduction to: (1) allow a deduction for the cost of dealing with patients, clients, or customers even if they are not physically present in the home office; and (2) establish a de minimis exemption for personal use of a home office. Requires the Secretary to ensure that all self-employment tax forms and schedules separately state amounts attributable to real estate taxes, mortgage interest, and depreciation for purposes of the home office tax deduction.

To amend the Internal Revenue Code of 1986 to simplify the deduction for use of a portion of a residence as a home office by providing an optional standard home office deduction.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Paperwork Reduction for Farmers Act''. SEC. 2. ELECTRONIC FILING AND APPEALS SYSTEM FOR H-2A PETITIONS. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor shall establish a process for filing petitions for nonimmigrant visas under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) that ensures that-- (1) petitioners may file such petitions through the Department of Labor's website; (2) any software developed to process such petitions indicates to the petitioner any technical deficiency in the application before submission; and (3) any petitioner may file such petition in a paper format if such petitioner prefers such format. (b) Request for Evidence.--Section 218(h) of the Immigration and Nationality Act (8 U.S.C. 1188(h)) is amended by adding at the end the following: ``(3) If U.S. Citizenship and Immigration Services issues a Request for Evidence to an employer-- ``(A) the employer may request such Request for Evidence to be delivered in an online format; and ``(B) if the employer makes the request described in subparagraph (A)-- ``(i) the Request for Evidence shall be provided to the employer in an online format; and ``(ii) not later than 10 business days after the employer submits the requested evidence online, U.S. Citizenship and Immigration Services shall provide an online response to the employer-- ``(I) indicating that the submitted evidence is sufficient; or ``(II) explaining the reasons that such evidence is not sufficient and providing the employer with an opportunity to address any such deficiency.''. SEC. 3. H-2A PROGRAM UPDATES. (a) In General.--Section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by inserting ``, labor as a year-round equine worker, labor as a year- round livestock worker (including as a dairy or poultry worker)'' before ``, and the pressing of apples''. (b) Joint Application; Deficiency Remedy.--Section 214(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(1)) is amended-- (1) by inserting ``(A)'' after ``(1)''; and (2) by adding at the end the following: ``(B) Multiple employers may submit a joint petition under subparagraph (A) to import aliens as nonimmigrants described in section 101(a)(15)(H)(ii)(a). Upon the approval of such petition, each joint employer shall be subject to the provisions under section 218 with respect to each alien listed in such petition. If any individual party to such a joint contract violates any condition for approval with respect to the application or provisions under section 218 with respect to each alien listed in such petition, after notice and opportunity for a hearing, the contract may be modified to remove the party in violation from the contract at no penalty to the remaining parties. ``(C) If a petition to import aliens as nonimmigrants described in section 101(a)(15)(H)(ii)(a) is denied or if the issuance of visas requested through such petition is delayed due to a problem with the petition, the Director of U.S. Citizenship and Immigration Services shall promptly notify the petitioner of the reasons for such denial or delay and provide the petitioner with reasonable time to remedy the problem.''. (c) Labor Certification; Staggered Employment Dates.--Section 218(h) of the Immigration and Nationality Act (8 U.S.C. 1188(h)), as amended by section 3(b), is further amended by adding at the end the following: ``(4) An employer that is seeking to rehire aliens as H-2A workers who previously worked for the employer as H-2A workers may submit a simplified petition, to be developed by the Director of U.S. Citizenship and Immigration Services, in consultation with the Secretary of Labor, which shall include a certification that the employer maintains compliance with all applicable requirements with respect to the employment of such aliens. Such petitions shall be approved upon completion of applicable security screenings. ``(5) An employer that is seeking to hire aliens as H-2A workers during different time periods in a given fiscal year may submit a single petition to U.S. Citizenship and Immigration Services that details the time period during which each such alien is expected to be employed. ``(6) Upon receiving notification from an employer that the employer's H-2A worker has prematurely abandoned employment or has failed to appear for employment and such employer wishes to replace such worker-- ``(A) the Secretary of State shall promptly issue a visa under section 101(a)(15)(H)(ii)(a) to an eligible alien designated by the employer to replace that worker; and ``(B) the Secretary of Homeland Security shall promptly admit such alien into the United States upon completion of applicable security screenings.''.

Paperwork Reduction for Farmers Act This bill directs the Department of Labor to establish a process for filing petitions for nonimmigrant temporary agricultural workers (H-2A visa) that ensures that: (1) petitions may be filed through Labor's website or in a paper format, and (2) any technical deficiency in the petition will be indicated to the petitioner before submission. An employer that has received a request for evidence from U.S. Citizenship and Immigration Services (CIS) may request that such evidence request be delivered in an online format. CIS, within 10 days of the employer's submission of evidence, shall: (1) provide an online response indicating whether the evidence is sufficient; and (2) if the evidence is insufficient, provide the employer with an opportunity to address the deficiencies. The Immigration and Nationality Act is amended to include year-round equine or livestock workers (including dairy or poultry workers) within the H-2A visa category. The requirement that apple pressing be performed on a farm in order to qualify for H-2A status is eliminated. The bill permits multiple employers to submit a joint petition to import nonimmigrant H-2A visa temporary agricultural workers. Upon approval of such petition, each joint employer shall be subject to the Act's H-2A provisions with respect to each alien listed in the petition. An employer seeking to rehire H-2A workers who previously worked for the employer as H-2A workers at any time may submit a simplified petition, to be developed by CIS, which shall include a certification that the employer complies with all applicable employment requirements. Such petitions shall be approved upon completion of applicable security screenings. An employer seeking to hire H-2A workers during different time periods in a given fiscal year may submit a single petition to CIS detailing each alien's employment period.

Paperwork Reduction for Farmers Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prekindergarten-Oriented Professional Support Act of 2005''. SEC. 2. GRANTS FOR HIRING AND TRAINING ELIGIBLE PREKINDERGARTEN TEACHERS. (a) Grants.--The Secretary of Education, in consultation with the Secretary of Health and Human Services, may make grants to States and local educational agencies to pay all or a portion of the salaries, benefits, and training costs of new eligible prekindergarten teachers for the purposes of-- (1) increasing the number of such teachers; and (2) expanding children's access to free or affordable, high-quality, early education. (b) Use of Funds.--The Secretary shall require each applicant for a grant under this section to agree to use the grant to pay all or a portion of the salaries, benefits, and training costs of new eligible prekindergarten teachers to serve at eligible prekindergarten providers described in subsection (c). (c) Eligible Prekindergarten Providers.--An eligible prekindergarten provider described in this paragraph is a State, local, or private non-profit or for-profit prekindergarten provider that-- (1) is a high-quality, prekindergarten provider meeting the standards issued by the Secretary under subsection (d); (2) is serving a significant percentage of low-income children; and (3) if the provider is a private, tuition-based provider, agrees to adjust tuition standards or take other appropriate measures to ensure that not less than 50 percent of the children to be served through the provider by new eligible prekindergarten teachers under this section will be low-income children. (d) Standards for High-Quality, Prekindergarten Providers.-- (1) Standards.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue standards to determine whether a prekindergarten provider is a high- quality, prekindergarten provider. (2) Criteria.--In issuing standards under this subsection, the Secretary shall take into consideration the following criteria: (A) Administration. (B) Support services. (C) Health, safety, and nutrition. (D) Parental involvement. (E) Teacher training. (F) Teacher-to-student ratio. (G) Curriculum, including pre-literacy, pre- numeracy, emotion regulation, and behavioral skills training. (3) Relation to standards under head start act.--Any standards issued by the Secretary under this subsection shall be consistent with or in addition to any standards applicable to prekindergarten providers under the Head Start Act (42 U.S.C. 9831 et seq.). (e) Additional Requirements.--The Secretary shall require each applicant for a grant under this section to comply with the following: (1) Lead agency.--The chief executive officer of the State or local educational agency applying for the grant must designate an agency (which may be an appropriate collaborative agency) or establish a joint interagency office to serve as the lead agency for administering the grant. (2) Coordination.--The applicant must have a mechanism in place to coordinate the applicant's activities under the grant with other programs in order to ensure the effective and efficient use of all available resources to meet early childhood and family needs. (3) Matching funds.-- (A) In general.--With respect to the costs of the program to be carried out through a grant under this section, a condition for the receipt of the grant is that the applicant agree to make available (directly or through donations from public or private entities) non- Federal contributions toward such costs in an amount that is not less than 25 percent of such costs. (B) Determination of amount contributed.--Non- Federal contributions required in subparagraph (A) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (C) Waiver.--The Secretary may waive the requirements of this paragraph in whole or in part with respect to any grantee for any fiscal year if the Secretary determines that such a waiver would be equitable due to lack of available financial resources. (4) Supplement, not supplant.--Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds expended to support early childhood programs. (f) Application.-- (1) In general.--To seek a grant under this section, a State or local educational agency shall submit an application to the Secretary at such time, in such form and manner, and containing such information as the Secretary may reasonably require. (2) Contents.--At a minimum, an application under this subsection shall include a description of-- (A) the applicant's need for expanded access to high-quality, early childhood education; and (B) the applicant's ability to use resources efficiently and effectively to address such need. (g) Priority.--In making grants under this section, the Secretary shall give priority to States and local educational agencies that demonstrate the greatest need for increased access to high-quality, early childhood education. (h) Monitoring; Reports.--The Secretary shall-- (1) require each recipient of a grant under this section to monitor and report to the Secretary on the progress achieved through the grant; and (2) submit an annual report to the Congress on the progress of grantees under this section. SEC. 3. GRANTS FOR INCREASING RETENTION OF PREKINDERGARTEN TEACHERS. (a) Grants.--The Secretary of Education, in consultation with the Secretary of Health and Human Services, may make grants to States and local educational agencies to increase retention of prekindergarten teachers by establishing a career ladder described in subsection (b) for such teachers. (b) Career Ladder.--A career ladder described in this subsection-- (1) shall provide incentives for prekindergarten teachers to obtain additional training and education, such as by obtaining certification, an associate's degree, a bachelor's degree, or other recognition of higher education; and (2) shall not undermine the valuable contributions of prekindergarten teachers lacking formal education, but having a wealth of early childhood experience. SEC. 4. DEFINITIONS. In this Act: (1) The term ``eligible prekindergarten teacher'' means an individual who has, or is currently enrolled in classes to obtain, a Bachelor of Arts degree in early childhood development. (2) The terms ``local educational agency'' and ``State'' have the meanings given to those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) The term ``low-income child'' means a child from a family with an income below 200 percent of the poverty line. (4) The term ``poverty line'' means the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act) applicable to a family of the size involved. (5) The term ``prekindergarten'' means a program serving children 3, 4, and 5 years of age that requires teachers to equip such children with the pre-literacy, pre-numeracy emotion regulation, and behavioral skills required for school success. (6) The term ``Secretary'' means the Secretary of Education. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act, there is authorized to be appropriated $50,000,000 for each of fiscal years 2006 through 2010.

Prekindergarten-Oriented Professional Support Act of 2005 - Authorizes the Secretary of Education to make grants to states and local educational agencies to: (1) pay all or a portion of the salaries, benefits, and training costs of new prekindergarten teachers at prekindergarten providers; and (2) increase retention of prekindergarten teachers by establishing a career ladder for them. Makes high-quality state, local, or private nonprofit or for-profit prekindergarten providers eligible for the new teacher program if they: (1) meet standards issued by the Secretary; (2) serve a significant percentage of low-income children; and (3) if private and tuition-based, agree to ensure that at least one-half of the children served by new teachers will be low-income.

To authorize the Secretary of Education to make grants to States and local educational agencies for hiring and training prekindergarten teachers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foster EITC Act of 2015''. SEC. 2. PERMANENT EXTENSION OF MODIFICATIONS TO EARNED INCOME TAX CREDIT. (a) Increase in Credit Percentage for Families With 3 or More Children.--Paragraph (1) of section 32(b) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``The credit'' and inserting the following: ``(A) In general.--The credit'', and (2) by adding at the end the following new subparagraph: ``(B) Increased credit percentage for families with 3 or more qualifying children.--In the case of an eligible individual with 3 or more qualifying children, the table in subparagraph (A) shall be applied by substituting `45' for `40' in the second column thereof.''. (b) Joint Returns.-- (1) In general.--Subparagraph (B) of section 32(b)(2) of the Internal Revenue Code of 1986 is amended by striking ``$3,000'' and inserting ``$5,000.''. (2) Inflation adjustments.--Clause (ii) of section 32(j)(1)(B) of such Code is amended-- (A) by striking ``$3,000'' and inserting ``$5,000'', (B) by striking ``subsection (b)(2)(B)(iii)'' and inserting ``subsection (b)(2)(B)'', and (C) by striking ``calendar year 2007'' and inserting ``calendar year 2008''. (c) Conforming Amendment.--Section 32(b)of such Code is amended by striking paragraph (3). (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014. SEC. 3. STRENGTHENING THE EARNED INCOME TAX CREDIT. (a) Increased Credit for Individuals With No Qualifying Children.-- (1) In general.--The table in subparagraph (A) of section 32(b)(2) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``$4,220'' in the second column and inserting ``$8,820'', and (B) by striking ``$5,280'' in the last column and inserting ``$10,425''. (2) Inflation adjustments.--Subparagraph (B) of section 32(j)(1) of the Internal Revenue Code of 1986, as amended by this Act, is amended-- (A) in clause (i)-- (i) by inserting ``(except as provided in clause (iii))'' after ``(b)(2)(A)'', and (ii) by striking ``and'' at the end, and (B) by adding at the end the following new clause: ``(iii) in the case of the $8,820 and $10,4250 amount in the table in subsection (b)(2)(A), by substituting `calendar year 2011' for `calendar year 1992' in subparagraph (B) of such section 1.''. (b) Credit Increase and Reduction in Phaseout for Individuals With No Children.--The table contained in section 32(b)(1)(A) of the Internal Revenue Code of 1986, as amended by this Act, is amended-- (1) by striking ``7.65'' in the second column of the third row and inserting ``15.3'', and (2) by striking ``7.65'' in the third column of the third row and inserting ``15.3''. (c) Lowering Eligibility Age for Certain Childless Individuals and Youth Formerly in Foster Care.-- (1) In general.--Subclause (II) of section 32(c)(1)(A)(ii) of the Internal Revenue Code of 1986 is amended by striking ``age 25'' and inserting ``age 21 (or, in the case of youth formerly in foster care, age 18)''. (2) Youth formerly in foster care.--Subsection (c) of section 32 of such Code is amended by adding at the end the following new subparagraph: ``(G) Youth formerly in foster care.--For purposes of subparagraph (A)(ii)(II), the term `youth formerly in foster care' means an individual who was in foster care on or after the date that such individual attained 16 years of age.''. (3) Returns relating to youth in foster care.-- (A) In general.--Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after section 6050W the following new section: ``SEC. 6050X. RETURNS RELATING TO YOUTH IN FOSTER CARE. ``(a) Requirement of Reporting.-- ``(1) In general.--Any State, local, or tribal agency responsible for reporting data to the Adoption and Foster Care Analysis and Reporting System shall make a return, at such times as the Secretary may prescribe, described in subsection (b) with respect to any individual who is in foster care within the jurisdiction of such State, locality, or tribe on or after the date that such individual attained 16 years of age. ``(2) Single return.--Except as provided by the Secretary, a State, local, or tribal agency described in paragraph (1) which has made a return for an individual described in such paragraph shall not be required to make a return for such individual for any subsequent calendar year. ``(b) Form and Manner of Returns.--A return is described in this subsection if such return-- ``(1) is in such form as the Secretary may prescribe, and ``(2) contains, with respect to each individual described in subsection (a)(1)-- ``(A) the name, date of birth, and TIN of such individual, ``(B) the identification number assigned to such individual for purposes of the statewide or tribal automated child welfare information system, and ``(C) such other information as the Secretary may prescribe. ``(c) Statement To Be Furnished to Individuals With Respect to Whom Information Is Required.-- ``(1) In general.--Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing-- ``(A) the name and address of the person required to make such return and the phone number of the information contact for such person, and ``(B) the information required to be shown on the return with respect to such individual. ``(2) Date.--The written statement required under paragraph (1) shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) is required to be made.''. (B) Assessable penalties.--Subparagraph (B) of section 6724(d)(1) of such Code is amended-- (i) by redesignating clauses (xxiv) and (xxv) as clauses (xxv) and (xxvi), respectively, and (ii) by inserting after clause (xxiii) the following new clause: ``(xxiv) section 6050X (relating to returns relating to youth in foster care),''. (C) Conforming amendment.--The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Sec. 6050X. Returns relating to youth in foster care.''. (d) Effective Dates.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014. SEC. 4. SIMPLIFYING THE EARNED INCOME TAX CREDIT. (a) Modification of Abandoned Spouse Rule.-- (1) In general.--Section 32(c)(1) of the Internal Revenue Code of 1986, as amended by this Act, is amended by adding at the end the following new paragraph: ``(H) Certain married individuals living apart.-- For purposes of this section, an individual who-- ``(i) is married (within the meaning of section 7703(a)) and files a separate return for the taxable year, ``(ii) lives with a qualifying child of the individual for more than one-half of such taxable year, and ``(iii)(I) during the last 6 months of such taxable year, does not have the same principal place of abode as the individual's spouse, or ``(II) has a legally binding separation agreement with the individual's spouse and is not a member of the same household with the individual's spouse by the end of the taxable year, shall not be considered as married.''. (2) Conforming amendments.-- (A) The last sentence of section 32(c)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``section 7703'' and inserting ``section 7703(a)''. (B) Section 32(d) of such Code is amended by striking ``In the case of an individual who is married (within the meaning of section 7703)'' and inserting ``In the case of an individual who is married (within the meaning of section 7703(a)) and is not described in subsection (c)(1)(H)''. (b) Simplification of Rules Regarding Presence of Qualifying Child.-- (1) Taxpayer eligible for credit for worker without qualifying child if qualifying child claimed by another member of family.--Section 32(c)(1) of the Internal Revenue Code of 1986, as amended by this Act, is amended by adding at the end the following new paragraph: ``(I) Taxpayer eligible for credit for worker without qualifying child if qualifying child claimed by another member of family.-- ``(i) General rule.--Except as provided in clause (ii), in the case of 2 or more eligible individuals who may claim for such taxable year the same individual as a qualifying child, if such individual is claimed as a qualifying child by such an eligible individual, then any other such eligible individual who does not make such a claim of such child or of any other qualifying child may be considered an eligible individual without a qualifying child for purposes of the credit allowed under this section for such taxable year. ``(ii) Exception if qualifying child claimed by parent.--If an individual is claimed as a qualifying child for any taxable year by an eligible individual who is a parent of such child, then no other custodial parent of such child who does not make such a claim of such child may be considered an eligible individual without a qualifying child for purposes of the credit allowed under this section for such taxable year.''. (2) Taxpayer eligible for credit for worker without qualifying child if qualifying children do not have valid social security number.--Subparagraph (F) of section 32(c)(1) of the Internal Revenue Code of 1986 is amended to read as follows: ``(F) Individuals who do not include tin, etc., of any qualifying child.--In the case of any eligible individual who has one or more qualifying children, if no qualifying child of such individual is taken into account under subsection (b) by reason of paragraph (3)(D), for purposes of the credit allowed under this section, such individual may be considered an eligible individual without a qualifying child.''. (c) Effective Dates.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014.

Foster EITC Act of 2015 This bill amends the Internal Revenue Code to modify the earned income tax credit by: (1) making permanent the increase in the rate of such credit for taxpayers with three or more children, (2) increasing the credit for taxpayers with no qualifying children, (3) reducing the qualifying age for such credit for certain childless individuals (from age 25 to age 21) and for youth formerly in foster care (from age 25 to age 18), (4) imposing new reporting requirements for youth in foster care who have attained age 16, and (5) revising eligibility rules relating to married individuals living apart and qualifying children claimed by another family member.

Foster EITC Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Alternative Voluntary Expenditure Act of 2003''. SEC. 2. ELECTION TO WAIVE PAYMENT OF SOCIAL SECURITY BENEFITS. (a) In General.--Title II of the Social Security Act is amended by adding after section 234 (42 U.S.C. 434) the following new section: ``election to waive payment of benefits ``In General ``Sec. 235. (a) An individual who is not entitled to old-age insurance benefits under section 202(a) but who is eligible for such benefits may elect to waive payment of all benefits under this title based on such individual's wages and self-employment income. Such election shall be irrevocable and shall be made in such manner and form as the Commissioner of Social Security, in consultation with the Secretary of the Treasury, shall prescribe in regulations. ``Effect of Election ``(b) Effective with the date of the filing of an election by an individual with the Commissioner under subsection (a), all benefits under this title based on the wages and self-employment income of such individual shall not be payable to any person. ``Certification of Value of Refused Benefits ``(c)(1) An individual's election filed with the Commissioner under subsection (a) shall indicate whether such individual intends to claim income tax deductions under section 223 of the Internal Revenue Code of 1986 in connection with such election. In any case in which such individual indicates such intention in such election, as soon as practicable after the date of the filing of such election, the Commissioner shall determine the actuarial present value of the future benefits which are not payable under this title based on such individual's wages and self-employment income but which would be payable (upon prompt application therefor) if such individual had filed with the Commissioner, in lieu of the election, an application for old- age insurance benefits under section 202(a). ``(2) In the case of any person who, as of immediately before the date on which an individual makes an election under subsection (a), is a divorced spouse of such individual, the Commissioner shall determine the actuarial present value of the future benefits which would have been payable to such divorced spouse (but for such election) under section 202(b)(5) or 202(c)(5) (based on current entitlement or upon timely and prompt filing on or after such date of an application for such benefits under such section) on the basis of such individual's wages and self-employment income and future benefits which would have been payable to such divorced spouse under section 202(e) or 202(f) upon such individual's death thereafter on the basis of such wages and self-employment income. ``(3) Upon making any determination under paragraph (1) in connection with an election made under subsection (a), the Commissioner shall certify such determination to the Secretary of the Treasury and to the individual making such election. Upon making any determination with respect to a divorced spouse under paragraph (2), the Commissioner shall certify such determination to such Secretary and such divorced spouse. ``(4) The Commissioner shall prescribe by regulation, in advance of making actuarial determinations under this subsection, reasonable actuarial assumptions and methods which shall be employed in making such determinations. Such regulations shall also require inclusion with any election filed by an individual under subsection (a) such information available to such individual as the Commissioner considers necessary for making determinations under this subsection.''. (b) Effective Date.--The amendment made by this section shall apply with respect to elections filed after 180 days after the date of the enactment of this Act. SEC. 3. DEDUCTION FOR ACTUARIAL PRESENT VALUE OF WAIVED OLD-AGE INSURANCE BENEFITS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 223 as section 224 and by inserting after section 222 the following new section: ``SEC. 223. ACTUARIAL PRESENT VALUE OF WAIVED OLD-AGE INSURANCE BENEFITS. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction for each specified taxable year an amount equal to 20 percent of-- ``(1) in the case of an individual who elects to waive the payment of benefits under section 235(a) of the Social Security Act, the actuarial present value of future benefits determined by the Commissioner of Social Security under section 235(c)(1) of such Act with respect to such individual, and ``(2) in the case of an individual who, as of immediately before the date of the election referred to in paragraph (1), is a divorced spouse of an individual referred to in paragraph (1), the actual present value of future benefits determined by the Commissioner of Social Security under section 235(c)(2) of such Act with respect to such divorced spouse. ``(b) Specified Taxable Year.--For purposes of this section, the term `specified taxable year' means the taxable year which includes the date of the election referred to in subsection (a)(1) and each of the 4 succeeding taxable years.''. (b) Conforming Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 223. Actuarial present value of waived old-age insurance benefits. ``Sec. 224. Cross reference.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 4. INTEREST RATES FOR SPECIAL GOVERNMENT OBLIGATIONS ISSUED TO THE SOCIAL SECURITY TRUST FUNDS. (a) In General.--The fifth sentence of section 201(d) of the Social Security Act (42 U.S.C. 401(d)) is amended by striking ``shall bear interest'' and all that follows and inserting the following: ``shall bear interest at a rate equal to the average of prevailing market yields for comparable obligations issued in the private sector (computed by the Managing Trustee on the basis of market quotations as of the end of the calendar month next preceding the date of such issue).''. (b) Effective Date.--The amendment made by this section shall apply with respect to obligations issued after the date of the enactment of this Act.

Social Security Alternative Voluntary Expenditure Act of 2003 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to authorize individuals eligible for OASDI benefits to elect to waive payment of all benefits based on their wages and self-employment income. Amends the Internal Revenue Code to allow a deduction of 20 percent of the actuarial present value of future benefits foregone by reason of such an election. Provides a tax deduction, as well, for the divorced spouse of an individual making a waiver under this Act. Amends SSA title II to require special Government obligations issued for purchase by the social security trust funds to bear interest at the average market yield then prevailing for comparable obligations issued in the private sector.

To amend title II of the Social Security Act and the Internal Revenue Code of 1986 to provide for an election by individuals eligible for old-age insurance benefits under such title to waive payment of benefits based on their work record, to provide for income tax deductions based on the actuarial present value of benefits foregone by reason of such an election, and to provide that special Government obligations issued exclusively for purchase by the Social Security Trust Funds shall bear interest at the average market yield then prevailing for comparable obligations issued in the private sector.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Postmasters Fairness and Rights Act''. SEC. 2. POSTMASTERS TO BE COVERED BY AGREEMENTS RELATING TO PAY POLICIES AND SCHEDULES AND FRINGE BENEFIT PROGRAMS. Section 1004 of title 39, United States Code, is amended by redesignating subsections (g) and (h) as subsections (i) and (j), respectively, and by inserting after subsection (f) the following: ``(g)(1) The Postal Service shall, within 45 days of each date on which an agreement is reached on a collective bargaining agreement between the Postal Service and the bargaining representative recognized under section 1203 which represents the largest number of employees, make a proposal for any changes in pay policies and schedules and fringe benefit programs for postmasters which are to be in effect during the same period as covered by such agreement. ``(2) The Postal Service and the postmasters' organization (or, if more than 1, all postmasters' organizations) shall strive to resolve any differences concerning the proposal described in paragraph (1). ``(3) If, within 60 days following the submission of the proposal, the Postal Service and the postmasters' organization (or organizations) are unable to reach agreement, either the Postal Service or the postmasters' organization (or organizations jointly) shall have the right to refer the dispute to an arbitration board established under paragraph (4). ``(4) An arbitration board shall be established to consider and decide a dispute arising under paragraph (3) and shall consist of 3 members, 1 of whom shall be selected by the Postal Service, 1 by the postmasters' organization (or organizations jointly), and the third by the 2 thus selected. If either the Postal Service or the postmasters' organization (or organizations) fail to select a member within 30 days after the dispute is referred to an arbitration board under this subsection, or if the members chosen fail to agree on the third person within 5 days after their first meeting, the selection shall be made by the Director of the Federal Mediation and Conciliation Service. ``(5) The arbitration board shall give the parties a full and fair hearing, including an opportunity for each party to present evidence in support of its claims and an opportunity to present its case in person, by counsel, or by such other representative as such party may elect. Decisions by the arbitration board shall be conclusive and binding upon the parties. The arbitration board shall render its decision within 45 days after its appointment. ``(6) Costs of the arbitration board shall be shared equally by the Postal Service and the postmasters' organization (or organizations), with the Postal Service to be responsible for one-half of those costs and the postmasters' organization (or organizations) to be responsible for the remainder. ``(7) Nothing in this subsection shall be considered to affect the application of section 1005.''. SEC. 3. RIGHT OF POSTMASTERS' ORGANIZATIONS TO PARTICIPATE IN PLANNING AND DEVELOPMENT OF PROGRAMS. The second sentence of section 1004(b) of title 39, United States Code, is amended by striking ``or that a managerial organization (other than an organization representing supervisors) represents a substantial percentage of managerial employees,'' and inserting ``or that a managerial organization (other than an organization representing supervisors or postmasters) represents a substantial percentage of managerial employees, or that an organization qualifies as a postmasters' organization,''. SEC. 4. POSTMASTERS AND POSTMASTERS' ORGANIZATION DEFINED. Subsection (i) of section 1004 of title 39, United States Code, as so redesignated by section 2, is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting a semicolon, and by adding at the end the following: ``(3) `postmaster' means an individual who manages, with or without the assistance of subordinate managers or supervisors, the operations of a post office; and ``(4) `postmasters' organization' means, with respect to a year, any organization of postmasters whose membership as of June 30th of the preceding year included not less than 20 percent of all individuals employed as postmasters as of that date.''. SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. (a) Section 1001(e) of title 39, United States Code, is amended (in the matter before paragraph (1)) by inserting ``agreements under section 1004(g),'' after ``regulations,''. (b) Section 1003(a) of title 39, United States Code, is amended in the first sentence by inserting ``section 1004(g) of this title,'' before ``section 8G''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall take effect after the end of the 90-day period beginning on the date of enactment of this Act.

Grants certain qualified postmasters' organizations the right to participate in program planning and development pertaining to pay policies, schedules, and fringe benefits.

Postmasters Fairness and Rights Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Appalachian Coal Heritage Area Act of 1994''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) the rise of American industry in the late 19th and early 20th century led to tremendous growth in the Appalachian coal fields, creating an area of national historic significance in terms of its contributions to American industry, architecture, culture, and diversity; (2) within the Appalachian coal belt, the area surrounding and including Pocahontas, Virginia, has a particularly rich history because the Pocahontas mine produced some of the Nation's purest and most sought-after coal and now serves as an invaluable historical and educational resource; (3) to accommodate the growing population in the area, the coal mining companies built the town of Pocahontas, one of the oldest and most important company towns in America's coal region; (4) the town of Pocahontas is blessed with a rich architectural heritage that testifies to American cultural ability; (5) this heritage is unique and must be preserved; (6) the influx of labor needed to support the Pocahontas mine created a unique cultural convergence, bringing together Americans from northern mining areas, African-Americans from the South, recent immigrants from Southern and Southeastern Europe, and native Appalachians into a diverse yet integrated community that represents the distinctive American heritage; (7) it is in the national interest to preserve and protect physical remnants of the late 19th and early 20th century rise of American industry for the education and benefit of present and future generations; and (8) there is a need to provide assistance for the preservation and promotion of the vestiges of the coal heritage of Appalachia that have outstanding cultural, historic, and architectural value. SEC. 3. STATEMENT OF PURPOSE. It is the purpose of this Act to provide a management framework to assist the Commonwealth of Virginia, its units of local and regional government, and its citizens in the development and implementation of integrated cultural, historical, and recreational land resource management programs in order to retain, enhance, and interpret the significant features of the lands, water, and structures of the Appalachian Coal Heritage Area in the Commonwealth of Virginia. SEC. 4. ESTABLISHMENT OF APPALACHIAN COAL HERITAGE AREA. There is hereby established in the Commonwealth of Virginia the Appalachian Coal Heritage Area (hereinafter in this Act referred to as the ``Area''). The Area shall consist of the area generally depicted on the map entitled ``Appalachian Coal Heritage Area Master Plan'', numbered ____________, and dated ____________, which shall be on file and available for public inspection in the Office of the Director of the National Park Service. SEC. 5. MANAGEMENT PLAN. (a) Preparation of Plan.--The town of Pocahontas may submit a management plan (hereinafter in this Act referred to as the ``Plan'') for the Area to the Secretary of the Interior (hereinafter in this Act referred to as the ``Secretary'') for the review and concurrence of the Secretary. The Plan shall be based on existing Federal, State, and local plans, and shall coordinate such plans and present an integrated plan for the protection, enhancement, and interpretation of the cultural, natural, scenic, and recreational resources of the Area. The Plan shall specify a management entity with respect to the Appalachian Coal Heritage Area. The Secretary is authorized to provide technical assistance in the preparation of the Plan. (b) Implementation.--If a Plan referred to in subsection (a) is submitted to the Secretary within 1 year after the date of the enactment of this Act, and the Secretary concurs with the Plan, the Secretary is authorized to enter into a cooperative agreement with the management entity specified in the Plan to provide technical assistance for the protection, enhancement, and interpretation of the resources identified in the Plan. SEC. 6. CONTINGENCY IF HERITAGE COMPACT NOT SUBMITTED. (a) In General.--The establishment of the Area under section 4 and the authorization of the Secretary under section 5(b) shall cease to be effective if, within 180 days after the date of the enactment of this Act, a Heritage Compact for the Area is not-- (1) submitted to the Secretary; (2) approved by the Secretary, after consultation with the Advisory Council on Historic Preservation in accordance with section 106 of the National Historic Preservation Act; and (3) submitted to the Congress, together with any comments that the Secretary deems appropriate. (b) Technical Assistance.--The Secretary may provide technical assistance to a unit of government or private nonprofit organization in the preparation of a Heritage Compact. (c) Definition of Heritage Compact.--For purposes of this section, the term ``Heritage Compact'' means a compact that-- (1) is prepared with public participation; (2) contains information relating to the objectives and management of the Area, including-- (A) a delineation of the boundaries of the Area; (B) a discussion of the goals and objectives of the Area, including an explanation of the proposed approach to conservation and interpretation and a general outline of the protection measures committed to by the partners; (C) an identification and description of the management entity that will administer the Area; (D) a list of the initial partners to be involved in developing and implementing the management plan for the Area, as well as a statement of the financial commitment of such partners; and (E) a description of the role of the Commonwealth of Virginia regarding the Area; (3) outlines an implementation program that is likely to be initiated within a reasonable time after the date of the enactment of this Act and that ensures effective implementation of the State and local aspects of the Plan; and (4) is accompanied by the comments of the Governor of the Commonwealth of Virginia. SEC. 7. DUTIES OF FEDERAL ENTITIES. Any Federal entity conducting or supporting activities directly affecting the Area shall-- (1) consult with the Secretary and the town of Pocahontas with respect to the activities; (2) cooperate with the Secretary and the town of Pocahontas with respect to the activities and, to the maximum extent practicable, coordinate the activities with the Secretary and the town of Pocahontas; and (3) to the maximum extent practicable, conduct or support the activities in a manner that will not have an adverse effect on the Area, as determined by the Secretary and the town of Pocahontas.

Appalachian Coal Heritage Area Act of 1994 - Establishes the Appalachian Coal Heritage Area in Virginia. Requires the town of Pocahontas to submit an integrated management plan to the Secretary of the Interior for review and concurrence for the protection, enhancement, and interpretation of the cultural, natural, scenic, and recreational resources of the Area. Requires the Plan to specify a management entity for the Area. Authorizes the Secretary to enter into a cooperative agreement with the entity to provide technical assistance for such protection, enhancement, and interpretation of the resources identified in the Plan. Ceases the establishment of the Area and the authorization of the Secretary under this Act if, within 180 days after the enactment of this Act, a Heritage Compact for the Area is not: (1) submitted to, and approved by, the Secretary; and (2) submitted to the Congress.

Appalachian Coal Heritage Area Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wireless Internet Nationwide for Families Act of 2008''. SEC. 2. OPEN ACCESS BROADBAND SPECTRUM AUCTION. Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended by adding at the end the following new paragraph: ``(17) Open access broadband spectrum auction.-- ``(A) Auctions required.--The Commission shall promote nationwide broadband competition through the use of wireless services by issuing nationwide licenses, for a term of not less than 15 years, for two bands of frequencies that consist of an initial band and a second band of frequencies-- ``(i) each of which shall be composed of 20 megahertz of unpaired contiguous spectrum; ``(ii) the initial band of which shall be spectrum located between 2155 and 2180 megahertz, inclusive; and ``(iii) the second band of which shall be spectrum that-- ``(I) is located under 3 gigahertz; and ``(II) is not part of the recovered analog spectrum, as such term is defined in paragraph (15)(C)(vi). ``(B) Deadlines for initial auction.--The Commission shall carry out the initial auctions required by this paragraph by-- ``(i) commencing an auction of a single nationwide license for the initial band described in subparagraph (A)(ii) not later than 180 days after the date of enactment of the Wireless Internet Nationwide for Families Act of 2008; and ``(ii) depositing the proceeds of such auction in accordance with paragraph (8)(A) not later than 210 days after such date of enactment. ``(C) Second auction.--The Commission shall commence and complete a separate rule-making or other procedures for licensing through auction additional unpaired contiguous spectrum of 20 megahertz below 3 gigahertz within 1 year of such date of enactment. Such auction shall be conducted without the conditions specified in subparagraph (F) unless the Commission finds it is in the public interest to do so pursuant to a rulemaking. ``(D) Interference protection.--The Commission shall ensure that licensees of spectrum obtained pursuant to an auction under this paragraph and licensees of adjacent spectrum are mutually and adequately protected from harmful interference. ``(E) Service and auction rules.--At least 30 days prior to the deadlines established in subparagraphs (B)(i) and (C), the Commission shall promulgate service and auction rules for the licenses issued under subparagraphs (B) and (C) that-- ``(i) make available spectrally efficient nationwide broadband services; and ``(ii) promote the goals listed in subparagraphs (B), (D) and (F) of paragraph (4). ``(F) Content of service requirements rules for auctioned spectrum.--The Commission shall promulgate such rules and regulations as are necessary to require, as conditions of the licenses for the use of the frequencies auctioned under this paragraph, that the licensees shall-- ``(i) offer, at a minimum, always-on wireless broadband services within 2 years from the date of receipt of the license, and complete the construction of such wireless network with a signal covering at least 95 percent of the population of the United States and its territories within 10 years from the initial operation of the network; ``(ii) offer a data service that is faster than 200 kilobits per second one way (subject to subparagraph (G)) for free to consumers and authorized public safety users without subscription, airtime, usage, or other charges; ``(iii) consistent with section 230 of this Act, offer such free data service with a technology protection measure or measures that protect underage users from accessing obscene or indecent material through such service; ``(iv) provide such free data services on a wireless network that permits open access to affiliated and unaffiliated consumer devices by providing, publicly and royalty-free, published technical standards for developing and deploying subscriber equipment that can operate on the network subject to this paragraph; and ``(v) provide such free data services using advanced and spectrally efficient wireless technologies that provide services to the largest feasible number of users and encourages broadband competition making broadband services more available and affordable. ``(G) Review of free data service requirement.--The Commission shall evaluate whether the speed of free services under subparagraph (F) should be increased in light of consumer demand, developments in wireless broadband technologies, and the public interest and shall conduct the first such evaluation 5 years after the licensee commences operations, and shall conduct subsequent evaluations at the time of license renewal thereafter. ``(H) Biennial broadband spectrum utilization report.-- ``(i) Beginning in March of 2009, the Commission and the National Telecommunications and Information Administration shall jointly review competitive market conditions with respect to availability and affordability of broadband as well as the state of utilization of spectrum under the Commission's and the Administration's respective jurisdictions. Thereafter, the Commission and the Administration shall provide Congress a joint biannual report of their findings. ``(ii) Such reports shall consider the state-of-the-art efficient use of all spectrum bands and shall include the basis on which such utilization and efficiency are determined. ``(iii) In making their recommendations, the Commission and the Administration shall expressly consider the technological advances in commercial use of the spectrum as well as other relevant uses including public safety, national defense and other uses as determined by the public interest. ``(iv) The joint report shall also provide specific recommendations for the reallocation or reassignment of spectrum found to be underutilized in light of the public interest, necessity and convenience found in promoting broadband availability and affordability. In the joint report, the Commission and the Administration shall also recommend to Congress any statutory changes that would be required to implement any such reassignment or reallocation within 24 months of the report.''.

Wireless Internet Nationwide for Families Act of 2008 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to promote nationwide broadband competition through the use of wireless services by issuing nationwide licenses, for a term of at least 15 years, for two bands of frequencies, each composed of 20 megahertz of unpaired contiguous spectrum, one band under 3 gigahertz and not part of the recovered analog spectrum and the other band between 2155 and 2180 megahertz. Requires licensees, among other things, to offer to consumers and authorized public safety users, without subscription, airtime, usage, or other charges, a data service that is faster than 200 kilobits per second and that has technology that protects underage users from accessing obscene or indecent material. Requires a separate rule-making or other procedures for licensing through auction additional unpaired contiguous spectrum of 20 megahertz below 3 gigahertz, but states that the auction shall be conducted without the conditions specified in the immediately preceding paragraph unless the Commission finds it is in the public interest.

To require the Federal Communications Commission to auction spectrum for a free and open access broadband service.

SECTION 1. AUTHORITY OF MEMBERS OF THE UNITED STATES PUBLIC HEALTH SERVICE AND NATIONAL OCEANOGRAPHIC AND ATMOSPHERIC ADMINISTRATION CORPS TO TRANSFER UNUSED BENEFITS UNDER POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM TO FAMILY MEMBERS. (a) In General.--Section 3319 of title 38, United States Code, is amended-- (1) by striking subsection (a) and inserting the following new subsection (a): ``(a) Authority To Transfer.-- ``(1) Members of the armed forces.--Subject to the provisions of this section, the Secretary of Defense, in order to promote the recruitment and retention of members of the Armed Forces, may authorize the Secretary concerned to permit an individual described in subsection (b)(1) who is entitled to educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such individual's entitlement to such assistance, subject to the limitation under subsection (d). ``(2) Members of the united states public health service.-- Subject to the provisions of this section, in order to promote the recruitment and retention of members of the United States Public Health Service, the Secretary of Health and Human Services may permit an individual described in subsection (b)(2) who is entitled to educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such individual's entitlement to such assistance, subject to the limitation under subsection (d). ``(3) Members of the national oceanographic and atmospheric administration corps.--Subject to the provisions of this section, in order to promote the recruitment and retention of members of the National Oceanographic and Atmospheric Administration Corps, the Secretary of Commerce may permit an individual described in subsection (b)(3) who is entitled to educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such individual's entitlement to such assistance, subject to the limitation under subsection (d).''; (2) by striking subsection (b) and inserting the following new subsection (b): ``(b) Eligible Individuals.--For purposes of this section, an eligible individual is any of the following: ``(1) A member of the Armed Forces who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, has completed at least-- ``(A) six years of service in the Armed Forces and enters into an agreement to serve at least four more years as a member of the Armed Forces; or ``(B) the years of service as determined in regulations pursuant to section (k). ``(2) A member of the United States Public Health Service who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, has completed at least-- ``(A) six years of service in the United States Public Health Service and enters into an agreement to serve at least four more years as a member of the United States Public Health Service; or ``(B) the years of service as determined in regulations pursuant to section (k). ``(3) A member of the National Oceanographic and Atmospheric Administration Corps who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, has completed at least-- ``(A) six years of service in the National Oceanographic and Atmospheric Administration Corps and enters into an agreement to serve at least four more years as a member of the National Oceanographic and Atmospheric Administration Corps; or ``(B) the years of service as determined in regulations pursuant to section (k).''; (3) in the second sentence of subsection (d), by striking ``Secretary of Defense'' and inserting ``, the appropriate Secretary''; (4) in subsection (f)-- (A) in paragraph (1), by striking ``armed forces'' and inserting ``Armed Forces, member of the United States Public Health Service, or member of the National Oceanographic and Atmospheric Administration Corps, as the case may be,''; and (B) in paragraph (2), by striking ``Secretary concerned'' and inserting ``appropriate Secretary''; (5) in subsection (g)-- (A) in paragraph (1)(A), by striking ``in the armed forces'' and inserting ``in the Armed Forces, United States Public Health Service, or National Oceanographic and Atmospheric Administration Corps, as the case may be,''; and (B) in paragraph (2)(A)(i), by striking ``in the armed forces'' and inserting ``in the Armed Forces, United States Public Health Service, or National Oceanographic and Atmospheric Administration Corps, as the case may be,''; (6) in subsection (h)-- (A) in paragraph (2)(B), by inserting before ``as if the individual were not on active duty'' the following: ``, and in the case of a member of the Armed Forces,''; (B) in paragraph (3)(B), by inserting before ``as if the individual were not on active duty'' the following: ``, and in the case of a member of the Armed Forces,''; and (C) in paragraph (2)(A)(i), by striking ``in the armed forces'' and inserting ``in the Armed Forces, United States Public Health Service, or National Oceanographic and Atmospheric Administration Corps, as the case may be,''; (7) in subsection (i)(2)(A), by striking ``subsection (b)(1)'' and inserting ``paragraph (1)(A), (2)(A), or (3)(A) of subsection (b)''; (8) in subsection (j), by striking ``Secretary of Defense'' the following: ``appropriate Secretary''; and (9) by inserting after subsection (k) and inserting the following new subsection: ``(l) Appropriate Secretary Defined.--In this section, the term `appropriate Secretary' means-- ``(1) the Secretary of Defense with respect to matters concerning members of the Armed Forces; ``(2) the Secretary of Health and Human Services with respect to matters concerning the United States Public Health Service; and ``(3) the Secretary of Commerce with respect to matters concerning the National Oceanographic and Atmospheric Administration Corps.''. (b) Effective Date.--The amendments made by this Act shall take effect as if included in the enactment of the Post-9/11 Veterans Educational Assistance Act of 2008 (title V of Public Law 110-252).

Grants to the Secretary of Health and Human Services and the Secretary of Commerce similar authority to allow members of the Public Health Service and of the National Oceanographic and Atmospheric Administration (NOAA) Corps, respectively, to transfer unused benefits under the Post-9/11 Educational Assistance Program to family members. (Currently, this benefits transfer option applies only to the Secretary of Defense [DOD] and members of the Armed Forces.) Requires such personnel, at the time their benefits transfer request is approved, to have completed: (1) six years of service in the Public Health Service or NOAA Corps and agreed to serve at least four more; or (2) the years of service determined by the appropriate Secretary. Authorizes the transfer to family members of up to 36 months of unused post-9/11 educational assistance, although the appropriate Secretary may limit such transfer to as little as 18 months of assistance.

To amend title 38, United States Code, to provide for members of the United States Public Health Service and National Oceanographic and Atmospheric Administration Corps to transfer unused benefits under Post-9/11 Educational Assistance Program to family members, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Taxation Act of 2011''. SEC. 2. INCREASED TAX RATES FOR TAXPAYERS WITH MORE THAN $1,000,000 TAXABLE INCOME. (a) In General.-- (1) Married individuals filing joint returns and surviving spouses.--The table contained in subsection (a) of section 1 is amended to read as follows: If taxable income is: The tax is: Not over $69,000............... 15% of taxable income. Over $69,000 but not over $139,350. $10,350, plus 28% of the excess over $69,000. Over $139,350 but not over $212,300. $30,048, plus 31% of the excess over $139,350. Over $212,300 but not over $379,150. $52,662.50, plus 36% of the excess over $212,300. Over $379,150 but not over $1,000,000. $112,728.50, plus 39.6% of the excess over $379,150. Over $1,000,000 but not over $10,000,000. $358,585.10, plus 45% of the excess over $1,000,000. Over $10,000,000 but not over $20,000,000. $4,408,585.10, plus 46% of the excess over $10,000,000. Over $20,000,000 but not over $100,000,000. $9,008,585.10, plus 47% of the excess over $20,000,000. Over $100,000,000 but not over $1,000,000,000. $46,608,585.10, plus 48% of the excess over $100,000,000. Over $1,000,000,000............ $478,608,585.10, plus 49% over the excess over $1,000,000,000. (2) Heads of household.--The table contained in subsection (b) of section 1 of such Code is amended to read as follows: If taxable income is: The tax is: Not over $46,250............... 15% of taxable income. Over $46,250 but not over $119,400. $6,937.50, plus 28% of the excess over $46,250. Over $119,400 but not over $193,350. $27,419.50, plus 31% of the excess over $119,400. Over $193,350 but not over $379,150. $50,344, plus 36% of the excess over $193,350. Over $379,150 but not over $1,000,000. $117,232, plus 39.6% of the excess over $379,150. Over $1,000,000 but not over $10,000,000. $363,088.60, plus 45% of the excess over $1,000,000. Over $10,000,000 but not over $20,000,000. $4,413,088.60, plus 46% of the excess over $10,000,000. Over $20,000,000 but not over $100,000,000. $9,013,088.60, plus 47% of the excess over $20,000,000. Over $100,000,000 but not over $1,000,000,000. $46,613,088.60, plus 48% of the excess over $100,000,000. Over $1,000,000,000............ $478,613,088.60, plus 49% of the excess over $1,000,000,000. (3) Unmarried individuals (other than surviving spouses and heads of households).--The table contained in subsection (c) of section 1 of such Code is amended to read as follows: If taxable income is: The tax is: Not over $34,500............... 15% of taxable income. Over $34,500 but not over $83,600. $5,175, plus 28% of the excess over $34,500. Over $83,600 but not over $174,400. $18,923, plus 31% of the excess over $83,600. Over $174,400 but not over $379,150. $47,071, plus 36% of the excess over $174,400. Over $379,150 but not over $1,000,000. $120,781, plus 39.6% of the excess over $379,150. Over $1,000,000 but not over $10,000,000. $366,637.60, plus 45% of the excess over $1,000,000. Over $10,000,000 but not over $20,000,000. $4,416,637.60, plus 46% of the excess over $10,000,000. Over $20,000,000 but not over $100,000,000. $9,016,637.60, plus 47% of the excess over $20,000,000. Over $100,000,000 but not over $1,000,000,000. $46,616,637.60, plus 48% of the excess over $100,000,000. Over $1,000,000,000............ $478,616,637.60, plus 49% of the excess over $1,000,000,000. (4) Married individuals filing separate returns.--The table contained in subsection (d) of section 1 of such Code is amended to read as follows: If taxable income is: The tax is: Not over $34,500............... plus 15% of taxable income. Over $34,500 but not over $69,675. $5,175, plus 28% of the excess over $34,500. Over $69,675 but not over $106,150. $15,024, plus 31% of the excess over $69,675. Over $106,150 but not over $189,575. $26,331.25, plus 35% of the excess over $106,150. Over $189,575 but not over $500,000. $55,530, plus 39.6% of the excess over $189,575. Over $500,000 but not over $5,000,000. $178,458.30, plus 45% of the excess over $500,000. Over $5,000,000 but not over $10,000,000. $2,203,458.30, plus 46% of the excess over $5,000,000. Over $10,000,000 but not over $50,000,000. $4,503,458.30, plus 47% of the excess over $10,000,000. Over $50,000,000 but not over $500,000,000. $23,303,458.30, plus 48% of the excess over $50,000,000. Over $500,000,000.............. $239,303,458.30, plus 49% of the excess over $500,000,000. (b) Recapture of Lower Capital Gains Rates for Individuals Subject to Added Rate Brackets.-- (1) In general.--Section 1 of such Code is amended by adding at the end the following new subsection: ``(j) Special Rule for Capital Gains in Case of Taxable Income Subject to at Least 45-Percent Rate Bracket.--If for the taxable year a taxpayer has taxable income in excess of the minimum dollar amount for the 45-percent rate bracket and has a net capital gain, then-- ``(1) the tax imposed by this section for the taxable year with respect to such excess shall be determined without regard to subsection (h), and ``(2) the amount of net capital gain of the taxpayer taken into account for the taxable year under subsection (h) shall be reduced by the lesser of-- ``(A) such excess, or ``(B) the net capital gain for the taxable year. Any reduction in net capital gain under the preceding sentence shall be allocated between adjusted net capital gain, unrecaptured 1250 gain, and section 1202 gain in amounts proportionate to the amounts of each such gain.''. (2) Conforming amendment.--Paragraph (1) of section 1(h) of such Code is amended by striking ``If a taxpayer has'' and inserting ``Except to the extent provided in subsection (j), if a taxpayer has''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010.

Fairness in Taxation Act of 2011 - Amends the Internal Revenue Code to: (1) increase individual income tax rates for taxpayers whose taxable income exceeds $1 million, and (2) provide for an adjustment in the capital gains tax of taxpayers whose taxable income is subject to the 45% tax bracket.

To amend the Internal Revenue Code of 1986 to impose increased rates of tax with respect to taxpayers with more than $1,000,000 taxable income, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reduce and End our Deficits Using Commonsense Eliminations in the Energy Program Act of 2010''. SEC. 2. TERMINATION OF PAYMENTS TO CERTIFIED STATES AND INDIAN TRIBES UNDER ABANDONED MINE LANDS PROGRAM. The Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) is amended-- (1) in section 402(g)(1)(A)(ii), by striking ``or pursuant'' and all that follows through the end of the sentence and inserting a period; (2) in section 402(g)(1)(B)(ii), by striking ``or pursuant'' and all that follows through the end of the sentence and inserting a period; and (3) by amending section 411 to read as follows: ``SEC. 411. CERTIFICATION. ``(a) Certification Required.--The Secretary shall determine and certify if on the basis of the inventory referred to in section 403(c) all reclamation projects relating to the priorities described in section 403(a) for eligible land and water pursuant to section 404 in a State or of a tribe have been completed. ``(b) Notice and Comment.--The Secretary shall publish notice in the Federal Register and provide an opportunity for public comment regarding any certification under subsection (a). ``(c) Limitation on Payments to Certified States and Indian Tribes.-- ``(1) In general.--Except as provided in paragraph (2), and notwithstanding any other provision of this Act, no payment may be made under this Act to a State or Indian tribe for which a determination and certification is required under subsection (a). ``(2) Payments for health benefits not affected.--Paragraph (1) shall not apply with respect to payments under subsections (h) and (i) of section 402.''. SEC. 3. TERMINATE OIL AND GAS COMPANY TAX PREFERENCES. (a) Repeal Enhanced Oil Recovery Credit.--Section 43 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Termination.--This section shall not apply to any amount, costs, or expenses paid or incurred after the date of the enactment of this subsection.''. (b) Repeal Credit for Oil and Gas Produced From Marginal Wells.-- Section 45I of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Termination.--This section shall not apply to any production after December 31, 2010.''. (c) Repeal Expensing of Intangible Drilling Costs.--Subsection (c) of section 263 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``This subsection shall not apply to any expense relating to an oil or gas well paid or incurred after December 31, 2010.''. (d) Repeal Deduction for Tertiary Injectants.--Section 193 of such Code is amended by adding at the end the following new subsection: ``(d) Termination.--Subsection (a) shall not apply to any amount paid or incurred after the date of the enactment of this subsection.''. (e) Repeal Exception to Passive Loss Limitation for Working Interests in Oil and Natural Gas Properties.--Subsection (c) of section 469 of such Code is amended by striking paragraph (3) (relating to working interests in oil and gas property). (f) Repeal Percentage Depletion for Oil and Natural Gas Wells.-- (1) In general.--Section 613A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Termination.--After December 31, 2010, this section and section 611 shall not apply to any oil or gas well.''. (2) Conforming amendment.--Section 613A(c)(1) of such Code is amended by striking ``subsection (d)'' and inserting ``subsections (d) and (f)''. (g) Repeal Domestic Manufacturing Tax Deduction for Oil and Natural Gas Companies.-- (1) In general.--Subparagraph (B) of section 199(c)(4) of such Code is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by inserting after clause (iii) the following: ``(iv) production or extraction relating to any oil or gas.''. (2) Conforming amendment.--Section 199(c)(4)(A)(i)(III) of such Code is amended by striking ``, natural gas,''. (h) Increase Geological and Geophysical Amortization Period for Independent Producers to Seven Years.-- (1) In general.--Paragraphs (1) and (4) of section 167(h) of such Code is amended by striking ``24-month'' both places it appears and inserting ``7-year''. (2) Conforming amendment.--Section 167(h) of such Code is amended by striking paragraph (5). (i) Effective Date.-- (1) The amendments made by subsection (a), (c), (e), and (f) shall apply to amounts paid or incurred in taxable years beginning after December 31, 2010. (2) The amendments made by subsections (b), (d), (g), and (h) shall apply to amounts paid or incurred in taxable years beginning after December 31, 2010. SEC. 4. DEPARTMENT OF ENERGY OIL AND GAS RESEARCH AND DEVELOPMENT. Sections 965 through 967 of the Energy Policy Act of 2005 (42 U.S.C. 16295-16297) are repealed. SEC. 5. NUCLEAR WASTE REPOSITORY. The Secretary of Energy shall discontinue the application before the Nuclear Regulatory Commission for a license to construct a high- level nuclear waste geologic repository at Yucca Mountain, Nevada. SEC. 6. SALE OF CERTAIN SEPA AND TVA FACILITIES. (a) Sale of Southeastern Power Administration and TVA Facilities.-- (1) Southeastern power administration and related facilities.-- (A) Sale of southeastern power administration and related power generating assets.--The Secretary of Energy shall develop and carry out a plan to provide for the sale of the electric energy generation facilities that are currently owned and operated by Federal departments and agencies under the supervision of, or working in coordination with, the Southeastern Power Administration, together with any and all other assets, rights, interests, and obligations held or owned by the Southeastern Power Administration. The heads of other affected Federal departments and agencies shall assist the Secretary of Energy in implementing the sales authorized by this subparagraph. (B) Exclusion of dams and reservoirs.--The authority of the Secretary of Energy under subparagraph (A) shall apply with respect to facilities for the generation of electric energy, including turbines, generators, controls, and substations, and shall not apply with respect to any dam, reservoir, or waterfront property. (C) Report to congress.--At least 60 days before implementing a plan developed under this paragraph, the Secretary of Energy shall submit to Congress a report containing the plan. (2) TVA facilities.-- (A) Sale of power program.--The Tennessee Valley Authority shall develop and carry out a plan to provide for the sale of the rights and assets of its electric power program. (B) Hydroelectric facility exclusion.--The authority of the Tennessee Valley Authority under subparagraph (A) shall not apply with respect to any hydroelectric power generation facility owned and operated by the Authority (including dams and appurtenant works and structures). (C) Report to congress.--At least 60 days before implementing a plan developed under this paragraph, the Tennessee Valley Authority shall submit to Congress a report containing the plan. (b) Proceeds.--The proceeds of any sale under this section shall be used first to offset the costs of carrying out the sale and the remaining net proceeds shall be deemed to extinguish the outstanding debt repayable to the United States and attributable to the assets being sold. Any portion of the net proceeds that exceeds the net present value of the outstanding debt repayable to the United States and attributable to the assets being sold shall be deposited in the Treasury of the United States as miscellaneous receipts. (c) Treatment of Sales for Purposes of Certain Laws.--A sale of assets under this section shall not be considered a disposal of Federal surplus property under subchapter III of chapter 5 of title 40, United States Code, or any other applicable provision of law. (d) Date of Sale.--To be extent practicable, all sales under this section shall be completed before December 31, 2010. (e) Termination of the Southeastern Power Administration.-- Following the sale of the assets referred to in subsection (a)(1), the Secretary of Energy shall complete the business of and close out the Southeastern Power Administration and return any unexpended balances of funds appropriated for the Southeastern Power Administration to the Treasury of the United States. SEC. 7. VOLUME OF STRATEGIC PETROLEUM RESERVE. Section 154(a) of the Energy Policy and Conservation Act (42 U.S.C. 6234(a)) is amended by striking ``1 billion'' and inserting ``650,000,000''. SEC. 8. ULTRA-DEEPWATER AND UNCONVENTIONAL NATURAL GAS AND OTHER PETROLEUM RESOURCES. Sections 999A through 999H of the Energy Policy Act of 2005 (42 U.S.C. 16371-16378) are repealed.

Reduce and End our Deficits Using Commonsense Eliminations in the Energy Program Act of 2010 - Amends the Surface Mining Control and Reclamation Act of 1977 to terminate allocations of abandoned mine reclamation fees, except payments for health benefits, to states and Indian tribes that are certified to have completed coal mining reclamation. Amends the Internal Revenue Code to terminate: (1) the enhanced oil recovery credit; (2) the credit for oil and gas produced from marginal wells; (3) the expensing of intangible drilling costs; (4) the deduction for tertiary injectants; (5) the exception to the passive loss limitation for working interests in oil and natural gas properties; (6) the percentage depletion deduction for oil and natural gas wells; and (7) the domestic manufacturing tax deduction for oil and natural gas companies. Increases to seven years the geological and geophysical amortization period for independent producers. Amends the Energy Policy Act of 2005 to repeal authority for: (1) the oil and gas research programs; (2) the low-volume oil and gas reservoir program; and (3) the Complex Well Technology Testing Facility at the Rocky Mountain Oilfield Testing Center. Instructs the Secretary of Energy to: (1) discontinue the application before the Nuclear Regulatory Commission (NRC) for a license to construct a high-level nuclear waste geologic repository at Yucca Mountain, Nevada; (2) plan for the sale of federally owned and operated electric energy generation facilities under the supervision of, or working in coordination with, the Southeastern Power Administration (SEPA); and (3) terminate SEPA following such sale. Excludes from such sale any dam, reservoir, or waterfront property. Directs the Tennessee Valley Authority (TVA) to sell the rights and assets of its electric power program. Excludes from the sale any hydroelectric power generation facility owned and operated by TVA (including dams and appurtenant works and structures). Deems the remaining net proceeds from any such sale, after offset for sale costs, to extinguish the outstanding debt repayable to the United States and attributable to the assets being sold. Amends the Energy Policy and Conservation Act to decrease the storage capacity of the Strategic Petroleum Reserve from 1 billion to 650 million barrels. Amends the Energy Policy Act of 2005 to repeal the Secretary's program authority for research, development, demonstration, and commercial application of technologies for ultra-deepwater and unconventional natural gas and other petroleum resource exploration and production.

To reduce deficits and government spending through the elimination of wasteful energy subsidies and programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Early-Stage Investment Act of 2009''. SEC. 2. SMALL BUSINESS EARLY-STAGE INVESTMENT PROGRAM. Title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.) is amended by adding at the end the following: ``PART D--SMALL BUSINESS EARLY-STAGE INVESTMENT PROGRAM ``SEC. 399A. ESTABLISHMENT OF PROGRAM. ``The Administrator shall establish and carry out an early-stage investment program (hereinafter referred to in this part as the `program') to provide equity investment financing to support early- stage small businesses in targeted industries in accordance with this part. ``SEC. 399B. ADMINISTRATION OF PROGRAM. ``The program shall be administered by the Administrator acting through the Associate Administrator described under section 201. ``SEC. 399C. APPLICATIONS. ``(a) In General.--Any incorporated body, limited liability company, or limited partnership organized and chartered or otherwise existing under Federal or State law for the purpose of performing the functions and conducting the activities contemplated under the program and any small business investment company may submit to the Administrator an application to participate in the program. ``(b) Requirements for Application.--An application to participate in the program shall include the following: ``(1) A business plan describing how the applicant intends to make successful venture capital investments in early-stage small businesses in targeted industries. ``(2) Information regarding the relevant venture capital investment qualifications and backgrounds of the individuals responsible for the management of the applicant. ``(3) A description of the extent to which the applicant meets the selection criteria under section 399D. ``(c) Applications From Small Business Investment Companies.--The Administrator shall establish an abbreviated application process for small business investment companies that have received a license under section 301 and that are applying to participate in the program. Such abbreviated process shall incorporate a presumption that such small business investment companies satisfactorily meet the selection criteria under paragraphs (3) and (5) of section 399D(b). ``SEC. 399D. SELECTION OF PARTICIPATING INVESTMENT COMPANIES. ``(a) In General.--Not later than 90 days after the date on which the Administrator receives an application from an applicant under section 399C, the Administrator shall make a final determination to approve or disapprove such applicant to participate in the program and shall transmit such determination to the applicant in writing. ``(b) Selection Criteria.--In making a determination under subsection (a), the Administrator shall consider each of the following: ``(1) The likelihood that the applicant will meet the goals specified in the business plan of the applicant. ``(2) The likelihood that the investments of the applicant will create or preserve jobs, both directly and indirectly. ``(3) The character and fitness of the management of the applicant. ``(4) The experience and background of the management of the applicant. ``(5) The extent to which the applicant will concentrate investment activities on early-stage small businesses in targeted industries. ``(6) The likelihood that the applicant will achieve profitability. ``(7) The experience of the management of the applicant with respect to establishing a profitable investment track record. ``SEC. 399E. GRANTS. ``(a) In General.--The Administrator may make one or more grants to a participating investment company. ``(b) Grant Amounts.-- ``(1) Non-federal capital.--A grant made to a participating investment company under the program may not be in an amount that exceeds the amount of the capital of such company that is not from a Federal source and that is available for investment on or before the date on which a grant is drawn upon. Such capital may include legally binding commitments with respect to capital for investment. ``(2) Limitation on aggregate amount.--The aggregate amount of all grants made to a participating investment company under the program may not exceed $100,000,000. ``(c) Grant Process.--In making a grant under the program, the Administrator shall commit a grant amount to a participating investment company and the amount of each such commitment shall remain available to be drawn upon by such company-- ``(1) for new-named investments during the 5-year period beginning on the date on which each such commitment is first drawn upon; and ``(2) for follow-on investments and management fees during the 10-year period beginning on the date on which each such commitment is first drawn upon, with not more than 2 additional 1-year periods available at the discretion of the Administrator. ``SEC. 399F. INVESTMENTS IN EARLY-STAGE SMALL BUSINESSES IN TARGETED INDUSTRIES. ``(a) In General.--As a condition of receiving a grant under the program, a participating investment company shall make all of the investments of such company in small business concerns, of which at least 50 percent shall be early-stage small businesses in targeted industries. ``(b) Evaluation of Compliance.--With respect to a grant amount committed to a participating investment company under section 399E, the Administrator shall evaluate the compliance of such company with the requirements under this section if such company has drawn upon 50 percent of such commitment. ``SEC. 399G. PRO RATA INVESTMENT SHARES. ``Each investment made by a participating investment company under the program shall be treated as comprised of capital from grants under the program according to the ratio that capital from grants under the program bears to all capital available to such company for investment. ``SEC. 399H. GRANT INTEREST. ``(a) Grant Interest.-- ``(1) In general.--As a condition of receiving a grant under the program, a participating investment company shall convey a grant interest to the Administrator in accordance with paragraph (2). ``(2) Effect of conveyance.--The grant interest conveyed under paragraph (1) shall have all the rights and attributes of other investors attributable to their interests in the participating investment company, but shall not denote control or voting rights to the Administrator. The grant interest shall entitle the Administrator to a pro rata portion of any distributions made by the participating investment company equal to the percentage of capital in the participating investment company that the grant comprises. The Administrator shall receive distributions from the participating investment company at the same times and in the same amounts as any other investor in the company with a similar interest. The investment company shall make allocations of income, gain, loss, deduction, and credit to the Administrator with respect to the grant interest as if the Administrator were an investor. ``(b) Manager Profits.--As a condition of receiving a grant under the program, the manager profits interest payable to the managers of a participating investment company under the program shall not exceed 20 percent of profits, exclusive of any profits that may accrue as a result of the capital contributions of any such managers with respect to such company. Any excess of this amount, less taxes payable thereon, shall be returned by the managers and paid to the investors and the Administrator in proportion to the capital contributions and grants paid in. No manager profits interest (other than a tax distribution) shall be paid prior to the repayment to the investors and the Administrator of all contributed capital and grants made. ``(c) Distribution Requirements.--As a condition of receiving a grant under the program, a participating investment company shall make all distributions to all investors in cash and shall make distributions within a reasonable time after exiting investments, including following a public offering or market sale of underlying investments. ``SEC. 399I. FUND. ``There is hereby created within the Treasury a separate fund for grants which shall be available to the Administrator subject to annual appropriations as a revolving fund to be used for the purposes of the program. All amounts received by the Administrator, including any moneys, property, or assets derived by the Administrator from operations in connection with the program, shall be deposited in the fund. All expenses and payments, excluding administrative expenses, pursuant to the operations of the Administrator under the program shall be paid from the fund. ``SEC. 399J. APPLICATION OF OTHER SECTIONS. ``To the extent not inconsistent with requirements under this part, the Administrator may apply sections 309, 311, 312, 313, and 314 to activities under this part and an officer, director, employee, agent, or other participant in a participating investment company shall be subject to the requirements under such sections. ``SEC. 399K. DEFINITIONS. ``In this part, the following definitions apply: ``(1) Early-stage small business in a targeted industry.-- The term `early-stage small business in a targeted industry' means a small business concern that-- ``(A) is domiciled in a State; ``(B) has not generated gross annual sales revenues exceeding $15,000,000 in any of the previous 3 years; and ``(C) is engaged primarily in researching, developing, manufacturing, producing, or bringing to market goods, products, or services with respect to any of the following business sectors: ``(i) Agricultural technology. ``(ii) Energy technology. ``(iii) Environmental technology. ``(iv) Life science. ``(v) Information technology. ``(vi) Digital media. ``(vii) Clean technology. ``(viii) Defense technology. ``(ix) Photonics technology. ``(2) Participating investment company.--The term `participating investment company' means an applicant approved under section 399D to participate in the program. ``(3) Small business concern.--The term `small business concern' has the same meaning given such term under section 3(a) of the Small Business Act (15 U.S.C. 632(a)). ``SEC. 399L. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out the program $200,000,000 for the first full fiscal year beginning after the date of the enactment of this part.''. SEC. 3. PROHIBITIONS ON EARMARKS. None of the funds appropriated for the program established under part D of title III of the Small Business Investment Act of 1958, as added by this Act, may be used for a Congressional earmark as defined in clause 9(d) of rule XXI of the Rules of the House of Representatives. SEC. 4. REGULATIONS. Except as otherwise provided in this Act or in amendments made by this Act, after an opportunity for notice and comment, but not later than 180 days after the date of the enactment of this Act, the Administrator shall issue regulations to carry out this Act and the amendments made by this Act. Passed the House of Representatives November 18, 2009. Attest: LORRAINE C. MILLER, Clerk.

Small Business Early-Stage Investment Act of 2009 - Amends the Small Business Investment Act of 1958 to direct the Administrator of the Small Business Administration (SBA) to establish and carry out a program to provide equity investment financing to support early-stage small businesses in the following targeted industries: (1) agricultural technology; (2) energy technology; (3) environmental technology; (4) life science; (5) information technology; (6) digital media; (7) clean technology; (8) defense technology; and (9) photonics technology. Directs the Administrator to make grants to participating investment companies under the program and limits to $100 million the aggregate amount of all grants made to a participating investment company under the program. Requires, as a condition of receiving a grant under the program, all of the investments of participating investment companies to be in small businesses, and at least 50% to be in early-stage small businesses in the targeted industries. Directs the Administrator to monitory participant compliance with such requirements. Establishes a separate Treasury fund for such grants. Authorizes appropriations. Prohibits funds appropriated for such purpose from being used for a congressional earmark.

To amend the Small Business Investment Act of 1958 to establish a program for the Small Business Administration to provide financing to support early-stage small businesses in targeted industries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dollars to the Classroom Act''. SEC. 2. GRANTS TO STATES. The Secretary may award grants in accordance with this Act to States for use by States and local educational agencies to improve classroom services and activities for students. SEC. 3. GRANT AWARD. (a) Reservation of Funds.--From the amount appropriated to carry out this Act for any fiscal year, the Secretary shall reserve-- (1) \1/2\ of 1 percent for the outlying areas, to be distributed among the outlying areas on the basis of their relative need, as determined by the Secretary in accordance with the purposes of this section; and (2) \1/2\ of 1 percent for the Secretary of the Interior for programs under this Act in schools operated or funded by the Bureau of Indian Affairs. (b) State Allocations.--Funds appropriated to carry out this Act for any fiscal year, which are not reserved under subsection (a), shall be allocated among the States as follows: (1) Hold harmless.--Subject to paragraph (2), no State shall receive an award under this section for any fiscal year that is less than the aggregate amount such State received to carry out programs or activities for fiscal year 2003 under the following provisions (as in effect on the day preceding the date of the enactment of this Act): (A) Part F of title I of the Elementary and Secondary Education Act of 1965. (B) Part A of title II of the Elementary and Secondary Education Act of 1965. (C) Subpart 1 of part D of title II of the Elementary and Secondary Education Act of 1965. (D) Part A of title V of the Elementary and Secondary Education Act of 1965. (E) Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act. (2) Insufficient funds.--If the amount of appropriations to carry out this Act for any fiscal year is insufficient to pay the full amounts that all States are eligible to receive under paragraph (1) for such year, the Secretary shall ratably reduce such amounts for such year. (3) Remaining funds.--If funds remain after meeting the requirements of paragraph (1), such remaining funds shall be allocated among the States in the following manner: (A) 50 percent of such remaining funds shall be allocated to the States in proportion to their grants under part A of title I of the Elementary and Secondary Education Act of 1965 for the preceding fiscal year; and (B) 50 percent of such remaining funds shall be allocated to the States in proportion to the number of children ages 5 through 17 who reside in the States, according to the most recent available data that are satisfactory to the Secretary. (c) Definition of State.--For purposes of this section, the term ``State'' includes the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (d) Definition of Outlying Area.--For purposes of this section, the term ``outlying area'' includes American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (e) Payments.--Funds awarded to a State under this Act shall be paid to the individual or entity in the State that is responsible for the State administration of Federal education funds pursuant to State law. (f) Use of State Awards.-- (1) In general.--From the amount made available to a State under subsection (b) for a fiscal year, the State-- (A) shall use not more than 5 percent of the amount to support programs or activities, for children ages 5 through 17, that the State determines appropriate, of which the State shall distribute 20 percent of the 5 percent to local educational agencies in the State to pay the administrative expenses of the local educational agencies that are associated with the activities and services assisted under this section; and (B) shall distribute, pursuant to section 4(a), not less than 95 percent of the amount to local educational agencies in the State for the fiscal year to enable the local educational agencies to pay the costs of activities or services provided in the classroom, for children ages 5 through 17, that the local educational agencies determine appropriate subject to the requirements of section 4(b). (2) Administrative expenses.--For the purpose of paragraph (1)(B), the costs of activities and services provided in the classroom exclude the administrative expenses associated with the activities and services. (g) Supplement not Supplant.--A State or local educational agency shall use funds received under this Act only to supplement the amount of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of pupils participating in programs assisted under this Act, and not to supplant such funds. (h) Annual Reports.-- (1) In general.--Each State receiving assistance under this part shall issue a report on an annual basis, not later than April 1 of each year beginning the year after the date of the enactment of this Act, to the Secretary, the Committee on Education and the Workforce of the House of Representatives, the Committee on Health, Education, Labor and Pensions of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate that describes how funds under this Act have been used to improve student performance in that State. (2) Certification.--Each report submitted under this subsection shall include a certification by the State that 95 percent of funding provided under this Act during the preceding fiscal year has been expended by local educational agencies within that State for classroom activities and services pursuant to subsection (f)(1)(B). (3) Measures of performance.--In determining student academic performance within the State, the State shall use such measures of student academic performance as it deems appropriate. The State may disaggregate data by poverty, subject area, race, gender, geographic location, or other criteria as the State deems appropriate. (4) Availability of report.--Each State shall make the report described in this subsection available to parents and members of the public throughout that State. SEC. 4. LOCAL AWARDS. (a) Determination of Amount of Funds.-- (1) In general.--The individual or entity in the State that is responsible for the State administration of Federal education funds pursuant to State law of each State receiving assistance under this Act, in consultation with the Governor of such State, the chief State school officer of such State, representatives from the State legislature, and representatives from local educational agencies within such State, shall develop a formula for the allocation of funds described in section 3, to local educational agencies, taking into consideration-- (A) poverty rates within each local educational agency; (B) children living in sparsely populated areas; (C) an equitable distribution of funds among urban, rural, and suburban areas; (D) children whose education imposes a higher than average cost per child; and (E) such other factors as considered appropriate. (2) Hold harmless.--Subject to paragraph (3), no local educational agency shall receive an award under this subsection for any fiscal year in an amount that is less than the sum of the following: (A) The aggregate amount the local educational agency received to carry out programs or activities for fiscal year 2003 under the following provisions (as in effect on the day preceding the date of the enactment of this Act): (i) Part F of title I of the Elementary and Secondary Education Act of 1965. (ii) Part A of title II of the Elementary and Secondary Education Act of 1965. (iii) Subpart 1 of part D of title II of the Elementary and Secondary Education Act of 1965. (iv) Part A of title V of the Elementary and Secondary Education Act of 1965. (v) Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act. (B) For each of fiscal years 2004 through 2008, the aggregate amount the local educational agency is eligible to receive during the fiscal year pursuant to all multiyear awards made prior to the date of enactment of this Act under any program that is repealed by section 8 and is not listed in subparagraph (A). (3) Insufficient funds.--If the amount allocated to a State to carry out this Act for any fiscal year is insufficient to pay the full amounts that all local educational agencies in such State are eligible to receive under paragraph (2) for such year, the State shall ratably reduce such amounts for such year. (b) Local Uses of Funds.--Funds made available under this section to a local educational agency shall be used for the following classroom services and activities: (1) Programs for the acquisition and use of instructional and educational materials, including library services and materials (including media materials), assessments, reference materials, and other curricular materials which are tied to high academic standards and which will be used to improve student achievement and which are part of an overall education reform program. (2) Professional development for instructional staff. (3) Programs to improve the higher order thinking skills of disadvantaged elementary and secondary school students and to prevent students from dropping out of school. (4) Efforts to lengthen the school day or the school year. (5) Programs to combat illiteracy in the student population. (6) Programs to provide for the educational needs of gifted and talented children. (7) Promising education reform projects that are tied to State student content and performance standards. (8) Carrying out comprehensive school reform programs that are based on reliable research. (9) Programs for homeless children and youth. (10) Programs that are built upon partnerships between local educational agencies and institutions of higher education, educational service agencies, libraries, businesses, regional educational laboratories, or other educational entities, for the purpose of providing educational services consistent with this section. (11) The acquisition of books, materials and equipment, payment of compensation of instructional staff, and instructional activities that are necessary for the conduct of programs in magnet schools. (12) Programs to promote academic achievement among women and girls. (13) Programs to provide for the educational needs of children with limited English proficiency or who are American Indian, Alaska Native, or Native Hawaiian. (14) Activities to provide the academic support, enrichment, and motivation to enable all students to reach high State standards. (15) Efforts to reduce the pupil-teacher ratio. (16) Projects and programs which assure the participation in mainstream settings in arts and education programs of individuals with disabilities. (17) Projects and programs to integrate arts education into the regular elementary and secondary school curriculum. (18) Programs designed to educate students about the history and principles of the Constitution of the United States, including the Bill of Rights, and to foster civic competence and responsibility. (19) Mathematics and science education instructional materials. (20) Programs designed to improve the quality of student writing and learning and the teaching of writing as a learning process. (21) Technology related to the implementation of school- based reform programs, including professional development to assist teachers and other school officials regarding how to effectively use such equipment and software. (22) Computer software and hardware for instructional use. (23) Developing, adapting, or expanding existing and new applications of technology. (24) Acquiring connectivity linkages, resources, and services, including the acquisition of hardware and software, for use by teachers, students, and school library media personnel in the classroom or in school library media centers, in order to improve student learning. (25) After-school programs designed to engage children in a constructive manner and to promote their academic, developmental, and personal growth. (26) Developing, constructing, acquiring, maintaining, operating, and obtaining technical assistance in the use of telecommunications audio and visual facilities and equipment for use in the classroom. (27) Developing, acquiring, and obtaining technical assistance in the use of educational and instructional video programming for use in the classroom. (c) Parent Involvement.--Each local educational agency receiving assistance under this section shall involve parents and members of the public in planning for the use of funds provided under this section. SEC. 5. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS. Each local educational agency that receives funds under this Act shall provide for the participation of children enrolled in private schools, and their teachers or other educational personnel, in the activities and services assisted under this Act in the same manner as private school children, and their teachers or other educational personnel, participate in activities and services under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) pursuant to sections 9501, 9502, 9503, and 9504 of such Act (20 U.S.C. 7881, 7882, 7883, and 7884). SEC. 6. DEFINITIONS. In this Act-- (1) the term ``local educational agency'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); (2) the term ``educational service agency'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); (3) the term ``Secretary'' means the Secretary of Education; and (4) except as otherwise provided, the term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands. SEC. 7. GENERAL PROVISIONS. (a) Rule of Construction.--Nothing in this Act shall be construed to authorize an officer or employee of the Federal Government to require, direct, or control a State, local educational agency, or school's specific instructional content of pupil performance standards and assessments, curriculum, or program of instruction as a condition of eligibility to receive funds under this Act. (b) State and Local Determinations.-- (1) In general.--The Secretary shall not issue any regulation regarding the type of classroom activities or services that may be assisted under this Act. (2) Instructional method and setting.--No local educational agency shall be required to provide services under this Act through a particular instructional method or in a particular instructional setting in order to receive funding under this Act. SEC. 8. REPEALS. The following provisions are repealed: (1) Section 1503 of the Elementary and Secondary Education Act of 1965. (2) Part F of title I of the Elementary and Secondary Education Act of 1965. (3) Part A of title II of the Elementary and Secondary Education Act of 1965. (4) Part B of title II of the Elementary and Secondary Education Act of 1965. (5) Part C of title II of the Elementary and Secondary Education Act of 165. (6) Part D of title II of the Elementary and Secondary Education Act of 1965. (7) Part D of title V of the Elementary and Secondary Education Act of 1965. (8) Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $4,383,333,000 for fiscal year 2004, $4,470,999,000 for fiscal year 2005, $4,560,419,000 for fiscal year 2006, $4,651,628,000 for fiscal year 2007, and $4,744,660,000 for fiscal year 2008.

Dollars to the Classroom Act - Authorizes the Secretary of Education award grants to States for use by States and local educational agencies (LEAs) to improve classroom services and activities for students. Prescribes requirements for participation of private school children and teachers in activities and services. Repeals specified programs under the Elementary and Secondary Education Act of 1965 (ESEA) and the Stewart B. McKinney Homeless Assistance Act, including: (1) mandatory independent evaluations of State student assessments; (2) grants for schools to develop comprehensive school reforms; (3) the Teacher and Principal Training and Recruiting Fund; (4) mathematics and science partnerships; (5) the Innovation for Teacher Quality; (6) Enhancing Education through Technology; (7) the Fund for Improvement of Education; and (8) Education for Homeless Children.

To provide dollars to the classroom.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun-Free School Zones Act of 1995''. SEC. 2. PROHIBITION. Section 922(q) of title 18, United States Code, is amended to read as follows: ``(q)(1) The Congress finds and declares that-- ``(A) crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem; ``(B) crime at the local level is exacerbated by the interstate movement of drugs, guns, and criminal gangs; ``(C) firearms and ammunition move easily in interstate commerce and have been found in increasing numbers in and around schools, as documented in numerous hearings in both the Judiciary Committee of the House of Representatives and the Judiciary Committee of the Senate; ``(D) in fact, even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce; ``(E) while criminals freely move from State to State, ordinary citizens and foreign visitors may fear to travel to or through certain parts of the country due to concern about violent crime and gun violence, and parents may decline to send their children to school for the same reason; ``(F) the occurrence of violent crime in school zones has resulted in a decline in the quality of education in our country; ``(G) this decline in the quality of education has an adverse impact on interstate commerce and the foreign commerce of the United States; ``(H) States, localities, and school systems find it almost impossible to handle gun-related crime by themselves; even States, localities, and school systems that have made strong efforts to prevent, detect, and punish gun-related crime find their efforts unavailing due in part to the failure or inability of other States or localities to take strong measures; and ``(I) Congress has power, under the interstate commerce clause and other provisions of the Constitution, to enact measures to ensure the integrity and safety of the Nation's schools by enactment of this subsection. ``(2)(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone. ``(B) Subparagraph (A) shall not apply to the possession of a firearm-- ``(i) on private property not part of school grounds; ``(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license; ``(iii) which is-- ``(I) not loaded; and ``(II) in a locked container, or a locked firearms rack which is on a motor vehicle; ``(iv) by an individual for use in a program approved by a school in the school zone; ``(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual; ``(vi) by a law enforcement officer acting in his or her official capacity; or ``(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities. ``(3)(A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone. ``(B) Subparagraph (A) shall not apply to the discharge of a firearm-- ``(i) on private property not part of school grounds; ``(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program; ``(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or ``(iv) by a law enforcement officer acting in his or her official capacity. ``(4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.''.

Gun-Free School Zones Act of 1995 - Amends the Gun-Free School Zones Act of 1990 to prohibit possessing or, knowingly or with reckless disregard for the safety of another, discharging (or attempting to discharge) a firearm that has moved in or that otherwise affects interstate or foreign commerce (thus providing the jurisdictional basis for regulation under the interstate commerce clause of the Constitution) in a school zone.

Gun-Free School Zones Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Research on Human Fetal Tissue Amendments of 1993''. SEC. 2. ESTABLISHMENT OF AUTHORITIES AND PROTECTIONS REGARDING TRANSPLANTATION OF HUMAN FETAL TISSUE. Part G of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is amended by inserting after section 498 the following new section: ``research on transplantation of fetal tissue ``Sec. 498A. (a) Establishment of Program.-- ``(1) In general.--The Secretary may conduct or support research on the transplantation of human fetal tissue for therapeutic purposes. ``(2) Source of tissue.--Human fetal tissue may be used in research carried out under paragraph (1) regardless of whether the tissue is obtained pursuant to a spontaneous or induced abortion or pursuant to a stillbirth. ``(b) Informed Consent of Donor.-- ``(1) In general.--In research carried out under subsection (a), human fetal tissue may be used only if the woman providing the tissue makes a statement, made in writing and signed by the woman, declaring that-- ``(A) the woman donates the fetal tissue for use in research described in subsection (a); ``(B) the donation is made without any restriction regarding the identity of individuals who may be the recipients of transplantations of the tissue; and ``(C) the woman has not been informed of the identity of any such individuals. ``(2) Additional statement.--In research carried out under subsection (a), human fetal tissue may be used only if the attending physician with respect to obtaining the tissue from the woman involved makes a statement, made in writing and signed by the physician, declaring that-- ``(A) in the case of tissue obtained pursuant to an induced abortion-- ``(i) the consent of the woman for the abortion was obtained prior to requesting or obtaining consent for the tissue to be used in such research; and ``(ii) no alteration of the timing, method, or procedures used to terminate the pregnancy was made solely for the purposes of obtaining the tissue; ``(B) the tissue has been donated by the woman in accordance with paragraph (1); and ``(C) full disclosure has been provided to the woman with regard to-- ``(i) such physician's interest, if any, in the research to be conducted with the tissue; and ``(ii) any known medical risks to the woman or risks to her privacy that might be associated with the donation of the tissue and that are in addition to risks of such type that are associated with the woman's medical care. ``(c) Informed Consent of Researcher and Donee.--In research carried out under subsection (a), human fetal tissue may be used only if the individual with the principal responsibility for conducting the research involved makes a statement, made in writing and signed by the individual, declaring that the individual-- ``(1) is aware that-- ``(A) the tissue is human fetal tissue; ``(B) the tissue may have been obtained pursuant to a spontaneous or induced abortion or subsequent to a stillbirth; and ``(C) the tissue was donated for research purposes; ``(2) has provided such information to other individuals with responsibilities regarding the research; ``(3) will require, prior to obtaining the consent of an individual to be a recipient of a transplantation of the tissue, written acknowledgment of receipt of such information by such recipient; and ``(4) has had no part in any decisions as to the timing, method, or procedures used to terminate the pregnancy made solely for the purposes of the research. ``(d) Availability of Statements for Audit.-- ``(1) In general.--In research carried out under subsection (a), human fetal tissue may be used only if the head of the agency or other entity conducting the research involved certifies to the Secretary that the statements required under subsections (b)(2) and (c) will be available for audit by the Secretary. ``(2) Confidentiality of audit.--Any audit conducted by the Secretary pursuant to paragraph (1) shall be conducted in a confidential manner to protect the privacy rights of the individuals and entities involved in such research, including such individuals and entities involved in the donation, transfer, receipt, or transplantation of human fetal tissue. With respect to any material or information obtained pursuant to such audit, the Secretary shall-- ``(A) use such material or information only for the purposes of verifying compliance with the requirements of this section; ``(B) not disclose or publish such material or information, except where required by Federal law, in which case such material or information shall be coded in a manner such that the identities of such individuals and entities are protected; and ``(C) not maintain such material or information after completion of such audit, except where necessary for the purposes of such audit. ``(e) Applicability of State and Local Law.-- ``(1) Research conducted by recipients of assistance.--The Secretary may not provide support for research under subsection (a) unless the applicant for the financial assistance involved agrees to conduct the research in accordance with applicable State and local law. ``(2) Research conducted by secretary.--The Secretary may conduct research under subsection (a) only in accordance with applicable State and local law. ``(f) Definition.--For purposes of this section, the term `human fetal tissue' means tissue or cells obtained from a dead human embryo or fetus after a spontaneous or induced abortion, or after a stillbirth.''. SEC. 3. PURCHASE OF HUMAN FETAL TISSUE; SOLICITATION OR ACCEPTANCE OF TISSUE AS DIRECTED DONATION FOR USE IN TRANSPLANTATION. Part G of title IV of the Public Health Service Act, as amended by section 2 of this Act, is amended by inserting after section 498A the following new section: ``prohibitions regarding human fetal tissue ``Sec. 498B. (a) Purchase of Tissue.--It shall be unlawful for any person to knowingly acquire, receive, or otherwise transfer any human fetal tissue for valuable consideration if the transfer affects interstate commerce. ``(b) Solicitation or Acceptance of Tissue as Directed Donation for Use in Transplantation.--It shall be unlawful for any person to solicit or knowingly acquire, receive, or accept a donation of human fetal tissue for the purpose of transplantation of such tissue into another person if the donation affects interstate commerce, the tissue will be or is obtained pursuant to an induced abortion, and-- ``(1) the donation will be or is made pursuant to a promise to the donating individual that the donated tissue will be transplanted into a recipient specified by such individual; ``(2) the donated tissue will be transplanted into a relative of the donating individual; or ``(3) the person who solicits or knowingly acquires, receives, or accepts the donation has provided valuable consideration for the costs associated with such abortion. ``(c) Criminal Penalties for Violations.-- ``(1) In general.--Any person who violates subsection (a) or (b) shall be fined in accordance with title 18, United States Code, subject to paragraph (2), or imprisoned for not more than 10 years, or both. ``(2) Penalties applicable to persons receiving consideration.--With respect to the imposition of a fine under paragraph (1), if the person involved violates subsection (a) or (b)(3), a fine shall be imposed in an amount not less than twice the amount of the valuable consideration received. ``(d) Definitions.--For purposes of this section: ``(1) The term `human fetal tissue' has the meaning given such term in section 498A(f). ``(2) The term `interstate commerce' has the meaning given such term in section 201(b) of the Federal Food, Drug, and Cosmetic Act. ``(3) The term `valuable consideration' does not include reasonable payments associated with the transportation, implantation, processing, preservation, quality control, or storage of human fetal tissue.''. SEC. 4. REPORT BY GENERAL ACCOUNTING OFFICE ON ADEQUACY OF PROTECTIONS. (a) In General.--With respect to research on the transplantation of human fetal tissue for therapeutic purposes, the Comptroller General of the United States shall conduct an audit for the purpose of determining-- (1) whether and to what extent such research conducted or supported by the Secretary of Health and Human Services has been conducted in accordance with section 498A of the Public Health Service Act (as added by section 2 of this Act); and (2) whether and to what extent there have been violations of section 498B of such Act (as added by section 3 of this Act). (b) Report.--Not later than May 19, 1995, the Comptroller General of the United States shall complete the audit required in subsection (a) and submit to the Congress a report describing the findings made pursuant to the audit.

Research on Human Fetal Tissue Amendments of 1993 - Amends the Public Health Service Act to authorize and regulate research on human fetal tissue transplantation without regard to whether the tissue is obtained after a spontaneous or induced abortion or a stillbirth in accordance with State law. Imposes criminal penalties for: (1) transferring such tissue for valuable consideration affecting interstate commerce; or (2) soliciting or receiving a directed donation.

Research on Human Fetal Tissue Amendments of 1993

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Training Responders for Accidents and Improving Notification Act'' or the ``TRAIN Act''. (b) Findings.--Congress makes the following findings: (1) Railroads move about 1,700,000 carloads of hazardous materials annually, about 6 percent of total freight rail traffic. (2) While the vast majority of shipments arrive safely at their destination, serious incidents involving these materials have the potential to cause widespread disruption or injury. (3) On January 6, 2005, northbound Norfolk Southern freight train 192, while traveling 47 miles per hour through Graniteville, South Carolina, encountered an improperly lined switch that diverted the train from the main line onto an industry track, where it struck the unoccupied, parked train P22. (4) The collision derailed two locomotives and 16 of the 42 freight cars of train 192, as well as the locomotive and one of the two cars of train P22. (5) Among the derailed cars from train 192 were 3 tank cars containing chlorine, one of which was breached, releasing chlorine gas. (6) The train engineer and 8 other people died as a result of chlorine gas inhalation. More than 500 people who suffered from respiratory difficulties were taken to local hospitals. Of these, 75 were admitted for treatment. Because of the chlorine release, about 5,400 people within a 1-mile radius of the derailment site were evacuated for several days. Total damages exceeded $6,900,000. (7) The National Transportation Safety Board determined that the probable cause of the collision and derailment was the failure of the crew of train 192 to return a main line switch to the normal position after the crew completed work at an industry track. (8) Contributing to the failure was the absence of any feature or mechanism that would have reminded crewmembers of the switch position and thus would have prompted them to complete this final critical task before departing the work site. (9) As a result of the accident investigation, the National Transportation Safety Board made safety recommendations to the Federal Railroad Administration. (10) It is appropriate for the Federal Railroad Administration to implement the National Transportation Safety Board's recommendations, as improperly lined switches is the leading cause of human factor-caused accidents. SEC. 2. IMPLEMENTATION OF NTSB RECOMMENDATIONS. Not later than 12 months after the date of enactment of this Act, the Secretary of Transportation shall issue regulations that implement the following recommendations contained in the National Transportation Safety Board's railroad accident report entitled ``Collision of Norfolk Southern Freight Train 192 With Standing Norfolk Southern Local Train P22 With Subsequent Hazardous Materials Release at Graniteville, South Carolina'', adopted November 29, 2005: (1) Regulations that require, along mail lines in nonsignaled territory, railroads to install an automatically activated device, independent of the switch banner, that will, visually or electronically, compellingly capture the attention of employees involved with switch operations and clearly convey the status of the switch both in daylight and in darkness. (2) Regulations that require railroads, in nonsignaled territory and in the absence of switch position indicator lights or other automated systems that provide train crews with advance notice of switch positions, to operate those trains at speeds that will allow them to be safely stopped in advance of misaligned switches. (3) Regulations that require railroads to implement operating measures, including positioning tank cars toward the rear of trains and reducing speeds through populated areas, to minimize impact forces from accidents and reduce the vulnerability of tank cars transporting chlorine, anhydrous ammonia, and other liquefied gases designated as poisonous by inhalation. (4) Regulations that require railroads to provide emergency escape breathing apparatus for all crewmembers on freight trains carrying hazardous materials, along with appropriate training for such crewmembers on how to use the apparatus. SEC. 3. EMERGENCY RESPONDER GRANTS. (a) Amendment.--Part B of subtitle V of title 49, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 225--EMERGENCY RESPONDER GRANTS ``Sec. ``22501. Emergency responder grants. ``Sec. 22501. Emergency responder grants ``(a) Grants.--The Secretary of Transportation shall make grants to fire departments for costs incurred in the conduct of activities to respond to incidents involving the transportation of hazardous materials by rail, including costs of-- ``(1) airborne chemical detection equipment; ``(2) air hazard detection equipment; ``(3) chemical identification kits; ``(4) fire suppression and decontamination equipment; ``(5) hazardous material response vehicles; ``(6) patient extraction equipment; ``(7) personal protective gear; ``(8) radiological response equipment, such as detectors; and ``(9) turnout gear and spare turnout gear. ``(b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary $20,000,000 to carry out this section. Amounts appropriated pursuant to this subsection shall remain available until expended.''. (b) Conforming Amendment.--The table of chapters for subtitle V of title 49, United States Code, is amended by adding after the item relating to chapter 223 the following new item: ``225. EMERGENCY RESPONDER GRANTS........................... 22501''. SEC. 4. EMERGENCY RESPONDER TRAINING STANDARDS. Section 5116(b)(1) of title 49, United States Code, is amended-- (1) by striking ``States and Indian tribes'' and inserting ``States, Indian tribes, and nonprofit public sector employee organizations''; and (2) by adding at the end the following: ``To the extent that such grants are used to train emergency responders, such training shall ensure that emergency responders have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving the transportation of hazardous material, in accordance with existing regulations.''. SEC. 5. INFORMATION ON HAZARDOUS MATERIALS SHIPPED. Not later than 3 months after the date of enactment of this Act, the Secretary of Transportation shall issue final rules requiring railroads to inform local communities through which they transport hazardous materials of the types of hazardous materials most frequently shipped through those communities on an annual basis to help assist those communities in their emergency management planning. SEC. 6. REPORTS. (a) Reports by the Inspector General.--Not later than 30 days after the date of enactment of this Act, the Inspector General of the Department of Transportation shall submit to the Secretary of Transportation and the Administrator of the Federal Railroad Administration a report containing the following: (1) A list of each statutory mandate regarding railroad safety that has not been implemented. (2) A list of each open safety recommendation made by the National Transportation Safety Board or the Inspector General regarding railroad safety. (b) Reports by the Secretary.-- (1) Statutory mandates.--Not later than 90 days after the date of enactment of this Act, and every 180 days thereafter until each of the mandates referred to in subsection (a)(1) has been implemented, the Secretary shall transmit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the specific actions taken to implement such mandates. (2) NTSB and inspector general recommendations.--Not later than January 1 of each year, the Secretary shall transmit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the recommendations referred to in section 2 of this Act and subsection (a)(2) of this section and a copy of the Department of Transportation response to each such recommendation.

Training Responders for Accidents and Improving Notification Act or the TRAIN Act - Directs the Secretary of Transportation to: (1) issue regulations implementing certain National Transportation Safety Board (NTSB) recommendations relating to railroad switches, positioning of tank cars, and emergency escape equipment for crewmembers; (2) make grants to fire departments for costs incurred in responding to incidents involving rail transportation of hazardous materials; (3) authorize awarding emergency responder training grants to nonprofit public sector employee organizations and to establish a standard for such training; (4) issue final rules requiring railroads to inform local communities of shipments of hazardous materials to assist in their emergency planning; and (5) report to Congress on implementation of railroad safety statutory mandates and on NTSB or Department of Transportation Inspector General safety recommendations.

To improve the safety of transporting hazardous materials by rail and provide training and resources for first responders to protect communities from incidents involving the transportation of hazardous materials.

SECTION 1. SHORT TITLE. This Act may be cited as the ``R.I.G.H.T. Congress Act''. TITLE I--CONGRESSIONAL COMPENSATION SEC. 101. ACCRUAL RATES FOR MEMBERS OF CONGRESS AND CONGRESSIONAL EMPLOYEES UNDER CSRS AND FERS. (a) CSRS.-- (1) Members.-- (A) In general.--Section 8339(c) of title 5, United States Code, is amended by striking all that follows ``with respect to--'' and inserting the following: ``(1) so much of his service as a Member as was performed before the beginning of the One Hundred Fifth Congress; ``(2) so much of his military service as-- ``(A) is creditable for the purpose of this subsection; and ``(B) was performed before the beginning of such Congress; and ``(3) so much of his Congressional employee service as was performed before the beginning of such Congress; by multiplying 2\1/2\ percent of his average pay by the years of that service.''. (B) Technical amendment.--Section 8332(d) of title 5, United States Code, is amended by striking ``section 8339(c)(1)'' and inserting ``section 8339(c)''. (2) Congressional employees.--Section 8339(b) of title 5, United States Code, is amended-- (A) by inserting ``so much of'' after ``is computed with respect to''; and (B) by inserting ``as was performed before the beginning of the One Hundred Fifth Congress,'' before ``by multiplying''. (3) Capitol police.--Section 8339(q) of title 5, United States Code, is amended by striking ``in acccordance with subsection (b),'' and inserting ``in accordance with subsection (b) (disregarding the amendments made by section 101(a)(2) of the R.I.G.H.T. Congress Act),''. (b) FERS.-- (1) Members.--Section 8415(b) of title 5, United States Code, is amended by striking ``shall'' and inserting ``shall, to the extent that such service was performed before the beginning of the One Hundred Fifth Congress,''. (2) Congressional employees.--Section 8415(c) of title 5, United States Code, is amended by striking ``shall'' and inserting ``shall, to the extent that such service was performed before the beginning of the One Hundred Fifth Congress,''. (3) Provisions relating to the 1.1 percent accrual rate.-- Section 8415(g) of title 5, United States Code, is amended-- (A) in paragraph (1) by striking ``an employee under paragraph (2),'' and inserting ``an employee or Member under paragraph (2),''; (B) in paragraph (2) by inserting ``or Member'' after ``in the case of an employee'' and by striking ``Congressional employee,''; and (C) by adding at the end the following: ``(3) Notwithstanding any other provision of this subsection-- ``(A) this subsection shall not apply in the case of a Member or Congressional employee whose separation (on which entitlement to annuity is based) occurs before the beginning of the One Hundred Fifth Congress; and ``(B) in the case of a Member or Congressional employee to whom this subsection applies, the 1.1 percent accrual rate shall apply only with respect to any period of service other than a period with respect to which the 1.7 percent accrual rate applies under subsection (b) or (c).''. SEC. 102. ELIMINATION OF AUTOMATIC ANNUITY ADJUSTMENTS FOR MEMBERS OF CONGRESS. The portion of anuity of a Member of Congress which is based solely on service as a Member of Congress shall not be subject to a COLA adjustment under section 8340 or 8462 of title 5, United States Code. SEC. 103. ELIMINATION OF AUTOMATIC PAY ADJUSTMENTS FOR MEMBERS OF CONGRESS; RECORDED VOTE REQUIRED ON ANY PAY ADJUSTMENT FOR MEMBERS. (a) In General.--Section 601(a) of the Legislative Reorganization Act of 1946 is amended to read as follows: ``Sec. 601. (a)(1) Until otherwise provided under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351 and following) or any other provision of law, the annual rate of pay for-- ``(A) each Senator, Member of the House of Representatives, and Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico, ``(B) the President pro tempore of the Senate, the majority leader and the minority leader of the Senate, and the majority leader and the minority leader of the House of Representatives, and ``(C) the Speaker of the House of Representatives, shall be the rate payable for each such office or position on the date of the enactment of the R.I.G.H.T. Congress Act. ``(2)(A) Any bill or resolution, and any amendment to any bill or resolution, that provides for any adjustment in the amount of pay payable for any office or position referred to in paragraph (1) may be adopted by the House of Representatives only by a vote recorded so as to reflect the vote of each Member voting. ``(B) The provisions of subparagraph (A) are enacted-- ``(i) as an exercise of the rulemaking power of the House of Representatives and, as such, they shall be considered as part of the rules of the House, and such rule shall supersede other rules only to the extent inconsistent therewith; and ``(ii) with full recognition of the constitutional right of the House to change such rule at any time, in the same manner, and to the same extent as in the case of any other rule of the House. ``(C) This paragraph shall not apply with respect to any recommendations which are subject section 225(i) of the Federal Salary Act of 1967.''. (b) Effective Date.--This section shall take effect on the day after the date of the first election of Representatives (within the meaning of the 27th article of amendment to the Constitution of the United States) occurring after the date of the enactment of this Act. TITLE II--LOBBYING SEC. 201. LOBBYING RESTRICTIONS FOR FORMER MEMBERS OF CONGRESS AND STAFF. (a) Time Limit.--Section 207(e) of title 18, United States Code, is amended by striking ``1 year'' in paragraphs (1), (2), (3), (4), and (5) and inserting ``2 years''. (b) Committee Staff.--Section 207(e)(2)(B) of title 18, United States Code, is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``; and'' and by adding after clause (ii) the following: ``(iii) any employee of a committee of Congress of which such Senator or Member was a member.''. (c) Special Limitation.--Section 207(e)(6) of title 18, United States Code, is amended-- (1) by striking ``(A)'' and subparagraph (B); (2) by striking ``and (4)'' and inserting ``(4), and (5)''; and (3) by striking ``75 percent'' and inserting ``50 percent''. SEC. 202. DENIAL OF FLOOR PRIVILEGES TO FORMER MEMBERS OF CONGRESS WHO ARE REGISTERED LOBBYISTS. (a) House Floor Privileges.--Clause 3 of rule XXXII of the Rules of the House of Representatives is amended by striking ``and only '' and inserting ``, only'', and by inserting ``, and only if they are not registered lobbyists under the Lobbying Disclosure Act of 1995'' before the period at the end. (b) Additional Privileges.--(1) No former Member of Congress who is a registered lobbyist under the Lobbying Disclosure Act of 1995 may enter any dining area in the Capital which is reserved for Members of Congress or enter any gymnasium facility which is reserved for Members of Congress. (2) The Committee on House Oversight of the House of Representatives shall have authority to prescribe regulations to carry out this subsection. SEC. 203. REQUIRING IDENTIFICATION FOR REGISTERED LOBBYISTS. (a) In General.--Section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) is amended by adding at the end the following new subsection: ``(e) Identification for Registered Lobbyists.--Each person required to register under this section shall wear, in a visible manner, an identification badge similar to the identification badge required for persons who use the press gallery of the House of Representatives or the Senate. The form of such identification shall be prescribed by the Sergeant at Arms of the House of Representatives and the Sergeant at Arms of the Senate acting jointly and shall be worn when such registered person is in the United States Capitol or in an office building of the House of Representatives or the Senate while engaged in lobbying activities. When a person registers under subsection (a), such person shall be given such a badge.''. (b) Effective Date.--Subsection (a) shall take effect with respect to registrations under section 4 of the Lobbying Disclosure Act of 1995 which occur after the expiration of the 60-day period which begins on the date of the enactment of this Act. TITLE III--CONGRESSIONAL TRAVEL SEC. 301. LIMITATION ON TRANSPORTATION OF MEMBERS OF CONGRESS ON MILITARY AIRCRAFT. (a) Limitation on Transportation.-- (1) In general.--Chapter 157 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2643. Limitation on transportation of Members of Congress on military aircraft ``(a) In General.--The Secretary of Defense may not provide transportation on a military aircraft to a destination for a Member or group of Members of Congress unless-- ``(1) the transportation is provided on a space-available basis as part of the scheduled operations of the military aircraft unrelated to the provision of transportation to the Member or group of Members; ``(2) the destination, or an airfield located within a reasonable distance from the destination, is not accessible by regularly scheduled flights of commercial aircraft; or ``(3) the transportation is the least expensive method for the Member or group of Members to reach the destination by aircraft. ``(b) Special Rule for Members and Staff Travelling to a Hearing.-- The Secretary may not provide transportation on a military aircraft for a Member or group of Members of Congress or the staff of the Member or group of Members for travel to a hearing of a Committee of Congress unless the transportation meets the requirement in subsection (a)(3). ``(c) Destination.--The Secretary shall not select the destination of a military aircraft to accommodate the travel plans of a Member or group of Members of Congress requesting transportation that meets the requirement in subsection (a)(1).''. ``(d) Member of Congress Defined.--In this section, the term `Member of Congress' means a Senator or Representative in, or a Delegate or Resident Commissioner to, the Congress.''. (2) Conforming amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``2643. Limitation on transportation of Members of Congress on military aircraft.''. (b) Prior Approval Requirement for Members and Staff Travelling to a Hearing.--A Member or group of Members of the House of Representatives or the staff of such Member or group of Members may not accept transportation on a military aircraft for travel to a hearing of a committee of Congress until the chairman of the committee of Congress-- (1) submits information to the Committee on Standards of Official Conduct of the House of Representatives demonstrating that the transportation is the least expensive method for the Member or group of Members or staff to travel to the hearing by aircraft; and (2) receives approval from the Committee on Standards of Official Conduct for the Member or group of Members or staff to accept the transportation. SEC. 302. RESTRICTION ON FOREIGN TRAVEL BY MEMBERS NOT SEEKING REELECTION. The Rules of the House of Representatives are amended by adding at the end the following new rule: ``Rule LIII. ``restriction on foreign travel by members not seeking reelection. ``1. A retiring Member, or such Member's personal staff, shall not engage in travel outside the United States pursuant to clause 8 of rule I, clause 2(n) or 5(e) of rule XI, or section 502(b) of the Mutual Security Act of 1954 (22 U.S.C. 1754), unless the Committee on Standards of Official Conduct determines such travel is essential to the official responsibilities of the retiring member. ``2. As used in this rule-- ``(1) a Member is a retiring Member after the earlier of the date upon which the Member-- ``(A) announces to the press the intention not to seek election to the House of Representatives for the succeeding Congress; ``(B) fails to meet the qualifying deadline for election to the House of Representatives for the succeeding Congress; or ``(C) is defeated in any primary or general election to the House of Representatives for the succeeding Congress; and ``(1) the term `Member' means a Representative in, or a Delegate or Resident Commissioner to, the House of Representatives.''. SEC. 303. LIMITATION ON USE OF TRAVEL AWARDS. (a) In General.--(1) Except as provided by paragraph (2) and notwithstanding any provision of law or any rule, regulation, or other authority, any travel award that accrues by reason of official travel of a Member, officer, or employee of the House of Representatives may be used only with respect to official travel. (2) Any travel award that accrues by reason of official travel of a Member of the House of Representatives may be used by the spouse or children of that Member for travel between Washington, D.C., and the district of that Member. (b) Regulations.--The Committee on House Oversight of the House of Representatives shall have authority to prescribe regulations to carry out this section. (c) Definitions.--As used in this section-- (1) the term ``Member of the House of Representatives'' means a Representative in, or a Delgate or Resident Commissioner to, the Congress; (2) the term ``offical travel'' means, with respect to the House of Representatives, travel performed for the conduct of official business of the House of Representatives, including official and representational duties of a Member relating to the district of the Member; and (3) the term ``travel award'' means any frequent flier mileage, free travel, discounted travel, or other travel benefit, whether awarded by coupon, membership, or otherwise.

TABLE OF CONTENTS: Title I: Congressional Compensation Title II: Lobbying Title III: Congressional Travel R.I.G.H.T. Congress Act - Title I: Congressional Compensation - Applies existing Federal law regarding special accrual rates for Members of Congress and congressional employees under the Civil Service and Federal Employees' Retirement Systems only with respect to congressional service performed before the beginning of the 105th Congress. Eliminates the automatic cost of living adjustment for that portion of an annuity of a Member that is based solely on service as a Member. Amends the Legislative Reorganization Act of 1946 to: (1) eliminate automatic pay adjustments for Members until otherwise provided under the Federal Salary Act of 1967; and (2) require a recorded vote on any pay adjustment for Members. Title II: Lobbying - Modifies the Ethics in Government Act of 1978 to: (1) increase from one to two years after leaving office the period of time during which a Member or employee is prohibited from engaging in certain lobbying activities; (2) include employees of a congressional committee on which a Member serves among those persons whom former Member employees may not lobby for such period; and (3) decrease the salary level of congressional employees below which lobbying restrictions do not apply. Amends rule XXXII of the Rules of the House of Representatives to deny admission to the House floor to former Members who are registered lobbyists. Prohibits such a former member from entering any Capitol dining facility or any gymnasium facility that is reserved for Members. Amends the Lobbying Disclosure Act of 1995 to require registered lobbyists to wear identification badges when in the U.S. Capitol or in a House or Senate office building while engaged in lobbying activities. Title III: Congressional Travel - Prohibits the Secretary of Defense from providing transportation on a military aircraft for a Member unless: (1) the transportation is provided on a space-available basis as part of scheduled operations unrelated to the provision of transportation to the Member; (2) the destination, or an airfield located within a reasonable distance thereof, is inaccessible by regularly scheduled commercial aircraft flights; or (3) the transportation is the least expensive method for the Member to reach the destination by aircraft. Requires prior approval from the House Committee on Standards of Official Conduct for Members and staff travelling on military aircraft to a hearing. Prohibits a retiring Member, or such Member's personal staff, from engaging in foreign travel unless such Committee determines such travel is essential to the Member's official responsibilities. Requires that any travel award that accrues by reason of official travel of a House Member, officer, or employee be used only for official travel, or by the spouse or children of that Member for travel between Washington, D.C. and that Member's district.

R.I.G.H.T. Congress Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Santa Fe Quadricentennial Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Santa Fe, New Mexico, the site of native occupation centuries before European incursions, was officially elevated from a plaza established in 1608 to a villa and capital city in 1610 and has been the meeting place and home of many cultures. (2) The Palace of the Governors, built in the early 17th century, served as the governor's quarters and seat of government under 3 flags and is the oldest continuously used public building in the United States. (3) La Fiesta de Santa Fe, a cultural, religious, and social celebration, commemorating the resettlement of Santa Fe by General Don Diego de Vargas in 1692 continues today as an attraction for tourists and locals alike. (4) At the nexus of 3 historically important trails, Santa Fe brought people and goods together over the Santa Fe Trail to and from Missouri, California, and Mexico City. (5) Commerce on the Santa Fe Trail brought a much needed boost to the American Midwest's economy during the recession of the early 19th century. (6) Santa Fe was the rendezvous place for traders, mountain men, and ``Forty-Niners'' on route to California and is today home to a multicultural citizenry and world class art market. (7) The Santa Fe area has long attracted tourists, artists, and writers, and is a center of market activity for arts and culture year round, culminating in the world-renowned Indian Market, Spanish Colonial Art Market, and International Folk Art Market. (8) New Mexico is the home to the oldest and continuously inhabited indigenous communities in North America. (9) Native communities now residing in New Mexico include the following: Acoma Pueblo; Alamo Navajo Chapter; Canoncito Navajo Chapter; Cochiti Pueblo; Isleta Pueblo; Jemez Pueblo; Jicarilla Apache Tribe; Laguna Pueblo; Mescalero Apache Tribe; Nambe Pueblo; Picuris Pueblo; Pojoaque Pueblo; Ramah Navajo Chapter; San Felipe Pueblo; San Ildefonso Pueblo; San Juan Pueblo; Sandia Pueblo; Santa Ana Pueblo; Santa Clara Pueblo; Santo Domingo Pueblo; Taos Pueblo; Tesuque Pueblo; Zia Pueblo; and Zuni Pueblo. (10) Many other native communities or groups disappeared or were moved after European contact. (11) The Pueblo Revolt of 1680 is known to be one of the first ``American Revolutions'' when the Pueblo people ousted Spanish colonists from New Mexico. (12) The Santa Fe area has long attracted tourists, artists, and writers: the classic novel Ben Hur was written, in part, by then Governor Lew Wallace, in the Palace of the Governors. (13) A commemorative coin will help to foster an understanding and appreciation of New Mexico, its history and culture, and the importance of Santa Fe and New Mexico to the history of the United States and the world. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the quadricentennial of the establishment of the City of Santa Fe, New Mexico, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--All coins minted under this Act shall be considered to be numismatic items. (d) Domestic Source of Bullion.--Gold and silver for coins minted under this Act shall be acquired in the manner provided in subsections (a)(3) and (b)(1) of section 5116 of title 31, United States Code. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the settlement of Santa Fe, New Mexico, the oldest capital city in the United States. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2010''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum'' on the obverse or reverse. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2010. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of-- (1) $35 per coin for the $5 coin; and (2) $10 per coin for the $1 coin. (b) Distribution.--Subject to section 5134(f)(1), title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary as follows: (1) \1/2\ to santa fe 400th anniversary committee.--50 percent of the surcharges received by the Secretary shall be paid to the Santa Fe 400th Anniversary Committee, Inc., to support programs to promote the understanding of the legacies of Santa Fe. (2) \1/2\ to the secretary of the interior.--50 percent of the surcharges received by the Secretary shall be paid to the Secretary of the Interior for the following purposes: (A) Sustaining the ongoing mission of preserving Santa Fe. (B) Enhancing national and international programs. (C) Improving infrastructure and archaeological research activities. (D) Conducting other programs to support the quadricentennial of the establishment of Santa Fe. (c) Audits.--The Santa Fe 400th Anniversary Committee, Inc., and the Secretary of the Interior shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code.

Santa Fe Quadricentennial Commemorative Coin Act - Instructs the Secretary of the Treasury, in commemoration of the quadricentennial of the City of Santa Fe, New Mexico, to issue $5 gold coins and $1 silver coins emblematic of the settlement of Santa Fe, New Mexico, the oldest capital city in the United States. Permits issuance of such coins only during calendar 2010. Requires the Secretary to pay 50% of surcharges received from such coin sales to: (1) the Santa Fe 400th Anniversary Committee, Inc.; and (2) the Secretary of the Interior to sustain the ongoing mission of preserving Santa Fe, including educational programs, infrastructure and archaeological research activities, and other programs to support the quadricentennial of the establishment of Santa Fe.

To require the Secretary of the Treasury to mint coins in commemoration of the quadricentennial of the City of Santa Fe, New Mexico.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transported Air Pollution Mitigation Act of 1997''. SEC. 2. SIP REQUIREMENTS FOR AREAS UPWIND OF OZONE NONATTAINMENT AREAS. (a) SIP Revisions for All Areas.--Section 110(a) of the Clean Air Act is amended by inserting the following new paragraph after paragraph (3): ``(4) For each area (hereinafter in this paragraph referred to as an `upwind area') in a State which, as determined by the State, causes or significantly contributes to a violation of the national ambient air quality standard for ozone in another area (hereinafter in this paragraph referred to as a `downwind area') in the State, the State shall submit, within 1 year of such determination, a revision of the applicable implementation plan that includes a requirement that either-- ``(A) the upwind area reduce emissions of ozone or its precursors by an amount determined by the State to be necessary to mitigate impacts commensurate with the level of contribution caused by the upwind area to air pollution concentrations in the downwind area; or ``(B) the upwind area make payments to the State or to an air quality district designated by the State to compensate the downwind area in such amounts as such State finds necessary to pay for the costs of emission reduction measures required to be undertaken in the downwind area to fully mitigate the impacts of pollutants transported from the upwind area.''. (b) Requirements for Moderate Ozone Nonattainment Areas.--Paragraph (4) of section 182(b) of the Clean Air Act is amended by adding the following at the end thereof: ``(B) For each moderate area which the State determines to cause or significantly contribute to a violation of the national ambient air quality standards for ozone in a downwind area (as identified by the State under section 110(a)(4)), the State shall submit, within 1 year after such determination, a revision to the applicable implementation plan that includes all provisions necessary to provide for an enhanced vehicle inspection and maintenance program as described in paragraph (3) of subsection (c) of this section and the regulations of the Administrator adopted pursuant to such paragraph (3).''. SEC. 3. SIP REQUIREMENTS FOR STATES UPWIND OF OZONE NONATTAINMENT AREAS. (a) SIP Revisions for All Areas.--Section 126 of the Clean Air Act is amended by inserting the following new subsection after subsection (c): ``(d) States Upwind of Ozone Nonattainment Areas.--For each State (hereinafter in this subsection referred to as an `upwind State') which, as determined by the Administrator, causes or significantly contributes to a violation of the national ambient air quality standard for ozone in an area in one or more other States (hereinafter in this paragraph referred to as a `downwind area'), the State shall submit, within 1 year of such determination, a revision of the applicable implementation plan provisions adopted under section 110(a)(2)(D)(ii) that contains either or both the following: ``(1) Provisions under which the upwind State will require reductions in emissions of ozone or its precursors by an amount determined by the Administrator to be necessary to mitigate impacts commensurate with the level of contribution caused by sources in the upwind State to ozone concentrations in the downwind area. ``(2) Provisions under which the upwind State will make payments to the State or States in which all or part of the downwind area is located or to an air quality district designated by the Administrator to compensate such State or States in such amounts as the Administrator finds necessary to pay for the costs of emission reduction measures required to be undertaken in the downwind area to fully mitigate the impacts of pollutants transported from the upwind State.''. (b) Requirements for Moderate Ozone Nonattainment Areas.--Paragraph (4) of section 182(b) of the Clean Air Act is amended by adding the following at the end thereof: ``(C) For each moderate area which the Administrator determines to cause or significantly contribute to a violation of the national ambient air quality standards for ozone in a downwind area (as identified by the Administrator under section 126(d)), the State shall submit, within 1 year after such determination, a revision to the applicable implementation plan that includes all provisions necessary to provide for an enhanced vehicle inspection and maintenance program as described in paragraph (3) of subsection (c) of this section and the regulations of the Administrator adopted pursuant to such paragraph (3).''. SEC. 4. MAINTENANCE PLANS. (a) Requirements for Maintenance Plans.--(1) Subsection (a) of section 175A of the Clean Air Act is amended by adding the following at the end thereof: ``Such plan shall also be amended within 1 year after the later of-- ``(1) the date of enactment of the Transported Air Pollution Mitigation Act of 1997, or ``(2) the date on which the request under section 107(d) is submitted to include measures to provide for an enhanced vehicle inspection and maintenance program as described in paragraph (3) and (4) of section 182(c) and the regulations of the Administrator adopted pursuant to such paragraphs if the State determines that the area requesting redesignation is causing or significantly contributing to a violation of the national ambient air quality standards for ozone in a downwind area (as identified by the State under section 110(a)(4)) or if the Administrator determines that the area requesting redesignation is causing or significantly contributing to a violation of the national ambient air quality standards for ozone in a downwind State (as identified by the Administrator under section 126(d)).''. (b) Transport Mitigation.--Section 175A of the Clean Air Act is amended by adding the following at the end thereof: ``(e) Transport Mitigation.--Each plan adopted under this section shall be amended within 1 year after the enactment of this subsection to require that any upwind area (as identified by the State under section 110(a)(4)) and any upwind State (as identified by the Administrator under section 126(d)) that is designated as an attainment area that causes or significantly contributes to a violation of the national ambient air quality standard for ozone in any downwind area (as identified under section 110(a)(4) or section 126(d)) shall be required by the applicable implementation plans under section 110 and this part to implement all measures with respect to the air pollutant concerned which were contained in the State implementation plan for such upwind area before its redesignation as an attainment area. Such measures shall include all existing control measures, as well as any control measures not yet implemented that are necessary to fully mitigate the transport of ozone and its precursors to such downwind areas. There shall be no relaxation or rescission of any control measure or rule in the upwind area or unwind State as long as sources in such upwind area or State cause or contribute to a violation of the national ambient air quality standard for ozone in any such downwind area.''.

Transported Air Pollution Mitigation Act of 1997 - Amends Clean Air Act provisions regarding State implementation plans for national primary and secondary ambient air quality standards to require a State, for each upwind area which causes or significantly contributes to a violation of the ambient air quality standard for ozone in a downwind area, to submit a plan revision that requires the upwind area to either: (1) reduce emissions of ozone or its precursors by an amount necessary to mitigate impacts to pollution concentrations in the downwind area commensurate with the level of contribution caused; or (2) make payments to the State or the air quality district as compensation to the downwind area for the costs of emission reduction measures to fully mitigate the impacts of transported pollutants. Directs States which cause or significantly contribute to violations of such standards (upwind States) in another State (downwind area) to revise plan provisions for interstate pollution abatement to meet the requirements described above. Requires a State, for each Moderate ozone nonattainment area determined to cause or significantly contribute to a violation of the national ambient air quality standard for ozone in a downwind area or State, to submit a plan revision including all provisions necessary for an enhanced vehicle inspection and maintenance program described in provisions concerning Serious areas and Environmental Protection Agency regulations. Requires amendment by a State of its plan for maintenance (required when a State requests redesignation of a nonattainment area as an area which has attained the national ambient air quality standard) to include measures for such an inspection program if the area concerned is causing or significantly contributing to a violation of such standards for ozone in a downwind area or State. Provides for amendments to maintenance plans in upwind areas and States that cause or significantly contribute to violations of such standards in downwind areas or States to require implementation of all measures contained in the State implementation plan for upwind areas before redesignation as attainment areas. Requires implementation of all control measures necessary to fully mitigate the transport of ozone and its precursors to downwind areas. Prohibits any relaxation or rescission of such measures as long as an upwind area or State contributes to such violations in a downwind area.

Transported Air Pollution Mitigation Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commemorative Coin Authorization and Reform Act of 1995''. TITLE I--COMMEMORATIVE COIN PROGRAM REFORM SEC. 101. RECOVERY OF MINT EXPENSES REQUIRED BEFORE PAYMENT OF SURCHARGES TO ANY RECIPIENT ORGANIZATION. (a) Clarification of Law Relating to Deposit of Surcharges in the Numismatic Public Enterprise Fund.--Section 5134(c)(2) of title 31, United States Code, is amended by inserting ``, including amounts attributable to any surcharge imposed with respect to the sale of any numismatic item'' before the period. (b) Conditions on Payment of Surcharges to Recipient Organizations.--Section 5134 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(f) Conditions on Payment of Surcharges to Recipient Organizations.-- ``(1) Payment of surcharges.--Notwithstanding any other provision of law, no amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item shall be paid from the fund to any designated recipient organization unless-- ``(A) all numismatic operation and program costs allocable to the program under which such numismatic item is produced and sold have been recovered; and ``(B) the designated recipient organization submits an audited financial statement which demonstrates to the satisfaction of the Secretary of the Treasury that, with respect to all projects or purposes for which the proceeds of such surcharge may be used, the organization has raised funds from private sources for such projects and purposes in an amount which is equal to or greater than the maximum amount the organization may receive from the proceeds of such surcharge. ``(2) Annual audits.-- ``(A) Annual audits of recipients required.--Each designated recipient organization which receives any payment from the fund of any amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item shall provide, as a condition for receiving any such amount, for an annual audit, in accordance with generally accepted government auditing standards by an independent public accountant selected by the organization, of all such payments to the organization beginning in the first fiscal year of the organization in which any such amount is received and continuing until all amounts received by such organization from the fund with respect to such surcharges are fully expended or placed in trust. ``(B) Minimum requirements for annual audits.--At a minimum, each audit of a designated recipient organization pursuant to subparagraph (A) shall report-- ``(i) the amount of payments received by the designated recipient organization from the fund during the fiscal year of the organization for which the audit is conducted which are derived from the proceeds of any surcharge imposed on the sale of any numismatic item; ``(ii) the amount expended by the designated recipient organization from the proceeds of such surcharges during the fiscal year of the organization for which the audit is conducted; and ``(iii) whether all expenditures by the designated recipient organization during the fiscal year of the organization for which the audit is conducted from the proceeds of such surcharges were for authorized purposes. ``(C) Responsibility of organization to account for expenditures of surcharges.--Each designated recipient organization which receives any payment from the fund of any amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item shall take appropriate steps, as a condition for receiving any such payment, to ensure that the receipt of the payment and the expenditure of the proceeds of such surcharge by the organization in each fiscal year of the organization can be accounted for separately from all other revenues and expenditures of the organization. ``(D) Submission of audit report.--Not later than 90 days after the end of any fiscal year of a designated recipient organization for which an audit is required under subparagraph (A), the organization shall-- ``(i) submit a copy of the report to the Secretary of the Treasury; and ``(ii) make a copy of the report available to the public. ``(E) Use of surcharges for audits.--Any designated recipient organization which receives any payment from the fund of any amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item may use the amount received to pay the cost of an audit required under subparagraph (A). ``(F) Waiver of paragraph.--The Secretary of the Treasury may waive the application of any subparagraph of this paragraph to any designated recipient organization for any fiscal year after taking into account the amount of surcharges which such organization received or expended during such year. ``(G) Nonapplicability to federal entities.--This paragraph shall not apply to any Federal agency or department or any independent establishment in the executive branch which receives any payment from the fund of any amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item. ``(H) Availability of books and records.--An organization which receives any payment from the fund of any amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item shall provide, as a condition for receiving any such payment, to the Inspector General of the Department of the Treasury or the Comptroller General of the United States, upon the request of such Inspector General or the Comptroller General, all books, records, and workpapers belonging to or used by the organization, or by any independent public accountant who audited the organization in accordance with subparagraph (A), which may relate to the receipt or expenditure of any such amount by the organization. ``(3) Use of agents or attorneys to influence commemorative coin legislation.--No portion of any payment from the fund to any designated recipient organization of any amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item may be used, directly or indirectly, by the organization to compensate any agent or attorney for services rendered to support or influence in any way legislative action of the Congress relating to such numismatic item. ``(4) Designated recipient organization defined.--For purposes of this subsection, the term `designated recipient organization' means any organization designated, under any provision of law, as the recipient of any surcharge imposed on the sale of any numismatic item.''. (c) Scope of Application.--The amendments made by this section shall apply with respect to the proceeds of any surcharge imposed on the sale of any numismatic item which are deposited in the Numismatic Public Enterprise Fund after the date of the enactment of this Act. (d) Repeal of Existing Recipient Report Requirement.--Section 303 of Public Law 103--186 (31 U.S.C. 5112 note) is hereby repealed. SEC. 102. CITIZENS COMMEMORATIVE COIN ADVISORY COMMITTEE. (a) Fixed Terms for Members.--Section 5135(a)(4) of title 31, United States Code, is amended to read as follows: ``(4) Terms.--Each member appointed under clause (i) or (iii) of paragraph (3)(A) shall be appointed for a term of 4 years.''. (b) Chairperson.--Section 5135(a) of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(6) Chairperson.--The Chairperson of the Advisory Committee shall be elected by the members of the Advisory Committee from among such members.''. SEC. 104. COMMEMORATIVE CIRCULATING COIN PROGRAM. (a) In General.--The Citizens Commemorative Coin Advisory Committee shall develop a recommendation for a multiyear commemorative coin program involving the circulating coins of the United States which would supersede other commemorative coin programs for the years the commemorative circulating coin program is in effect. (b) Report to Congress.--The Citizens Commemorative Coin Advisory Committee shall submit a report to the Congress before the end of the 6-month period beginning on the date of the enactment of this Act on the recommendations developed by the committee pursuant to subsection (a), together with such recommendations for legislative or administrative action as the committee determines to be necessary or appropriate with respect to such recommendations. TITLE II--PLATINUM AND GOLD BULLION COINS SEC. 201. PLATINUM COINS. (a) In General.--Section 5112 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(k) Platinum Coins.-- ``(1) In general.--Notwithstanding any other provision of law, the Secretary of the Treasury may mint and issue platinum coins in such quantity and of such variety as the Secretary determines to be appropriate. ``(2) Specifications.--Platinum coins minted under this subsection shall meet such specifications with respect to diameter, weight, design, and fineness as the Secretary, in the Secretary's discretion, may prescribe from time to time. ``(3) Legal tender.--The coins minted under this subsection shall be legal tender, as provided in section 5103 of title 31, United States Code. ``(4) Numismatic items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this subsection shall be considered to be numismatic items. ``(5) Designations and inscriptions.--On each coin minted under this subsection, there shall be-- ``(A) a designation of the value of the coin and the weight of the platinum content of the coin; ``(B) an inscription of the year in which the coin is minted or issued; and ``(C) inscriptions of the words `Liberty', `In God We Trust', `United States of America', and `E Pluribus Unum'. ``(6) Sale price.-- ``(A) Bullion.--The bullion versions of the coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- ``(i) the market value of the bullion at the time of the sale; and ``(ii) the cost of minting, marketing, and distributing the coins (including labor, materials, dies, use of machinery, and promotional and overhead expenses). ``(B) Proof versions.--Proof versions of the coins issued under this Act may be sold by the Secretary at a price equal to the sum of-- ``(i) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping); and ``(ii) a reasonable profit. ``(7) Bulk sales.--The Secretary may make bulk sales of the coins issued under this subsection at a reasonable discount.''. (b) Technical and Conforming Amendment.--Section 5112(j)(1) of title 31, United States Code, is amended by inserting ``, (i), or (k)'' after ``subsection (e)''. SEC. 202. AMERICAN EAGLE GOLD COINS AUTHORIZED TO BE PRODUCED IN 2 OR MORE DESIGNS, WEIGHTS, DIAMETERS, OR FINENESSES SIMULTANEOUSLY. Section 5112(i)(4) of title 31, United States Code, is amended by adding at the end the following new subparagraph: ``(C) Continued minting to statutory specifications after determination to mint coins to changed specifications.--Notwithstanding any other provision of this section, the Secretary may continue to mint and issue coins in accordance with the specifications contained in paragraphs (7), (8), (9), and (10) of subsection (a) and paragraph (1)(A) of this subsection at the same time the Secretary is minting and issuing other coins under this subsection in accordance with such specifications, varieties, quantities, designations, and inscriptions as the Secretary may determine to be appropriate.''. TITLE III--MINT MANAGERIAL STAFFING REFORM SEC. 301. MODERNIZATION OF THE MANAGEMENT STRUCTURE. Section 5131 of title 31, United States Code, is amended-- (1) by striking subsection (c); and (2) by redesignating subsection (d) as subsection (c). Passed the House of Representatives December 5, 1995. Attest: ROBIN H. CARLE, Clerk. By Linda Nave, Deputy Clerk.

TABLE OF CONTENTS: Title I: Commemorative Coin Program Reform Title II: Platinum and Gold Bullion Coins Title III: Mint Managerial Staffing Reform Commemorative Coin Authorization and Reform Act of 1995 - Title I: Commemorative Coin Program Reform - Amends Federal law regarding the Numismatic Public Enterprise Fund to mandate inclusion of any surcharge imposed upon the sale of any numismatic item. Sets forth conditions on payment of surcharges to recipient organizations. Repeals the requirement that the Comptroller General submit a financial accounting statement to the Congress on the payment of surcharges and on the use and expenditure of surcharge proceeds by a recipient organization. (Sec. 102) Decreases from five years to four years the terms of office for members of the Citizens Commemorative Coin Advisory Committee ( the Committee). Mandates that the Chairperson of such Committee be elected by its members from among such members. Requires the Committee to report to the Congress on recommendations for development of a multiyear commemorative coin program involving circulating coins which would supersede other commemorative coin programs for the year the commemorative circulating coin program is in effect. Title II: Platinum and Gold Bullion Coins - Authorizes the Secretary of the Treasury to: (1) mint and issue platinum bullion coins; and (2) continue to mint and issue American Eagle gold coins in two or more versions simultaneously. Title III: Mint Managerial Staffing Reform - Amends Federal law to repeal the requirement that each mint have a presidentially appointed superintendent and assayer and the Philadelphia mint have a presidentially appointed engraver.

Commemorative Coin Authorization and Reform Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Billing Accountability Act''. SEC. 2. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO WAIVE REQUIREMENT OF CERTAIN VETERANS TO MAKE COPAYMENTS FOR CARE AND SERVICES IN THE CASE OF DEPARTMENT OF VETERANS AFFAIRS ERROR. (a) Hospital Care, Nursing Home Care, and Medical Services.-- Section 1710(f)(3) of title 38, United States Code, is amended by adding at the end the following new subparagraph: ``(G) The Secretary may waive the requirement of a veteran to make a payment under this subsection or subsection (g) if-- ``(i) an error committed by the Department or an employee of the Department was the cause of delaying notification sent to the veteran of the requirement to make the payment; and ``(ii) the veteran received such notification later than 180 days after the date on which the veteran received the care or services for which the payment was required.''. (b) Medications.--Section 1722A of such title is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): ``(c) The Secretary may waive the requirement of a veteran to make a payment under this section if-- ``(1) an error committed by the Department or an employee of the Department was the cause of delaying notification sent to the veteran of the requirement to make the payment; and ``(2) the veteran received such notification later than 180 days after the date on which the veteran received the medication for which the payment was required.''. (c) Billing Procedures.-- (1) In general.--Subchapter I of chapter 17 of such title is amended by adding at the end the following new section: ``Sec. 1709C. Procedures for copayments ``(a) Care at Department Facility.--(1) In requiring a veteran to make a payment for care or services provided at a medical facility of the Department pursuant to this chapter, including sections 1710 and 1722A, the Secretary shall provide to such veteran a notification of such required payment by not later than 180 days after the date on which the veteran receives the care or services for which payment is required. ``(2) If the Secretary does not provide to a veteran a notification of the required payment by the date required under paragraph (1), the Secretary may not collect such payment, including through a third-party entity, unless the Secretary provides the veteran the following: ``(A) Information regarding how to apply for a waiver described in section 1710(f)(3)(G) or section 1722A(c) of this title, as appropriate. ``(B) Information regarding how to establish a payment plan with the Secretary. ``(C) Opportunity to make such a waiver or establish such a payment plan. ``(b) Care at Non-Department Facility.--(1) In requiring a veteran to make a payment for care or services provided at a non-Department facility pursuant to this chapter or other provision of law, the Secretary shall provide to such veteran a notification of such required payment by not later than 18 months after the date on which the veteran receives the care or services for which payment is required. ``(2) If the Secretary does not provide to a veteran a notification of the required payment by the date required under paragraph (1), the Secretary may not collect such payment, including through a third-party entity, unless the Secretary provides the veteran the following: ``(A) Information regarding how to apply for a waiver described in paragraph (3). ``(B) Information regarding how to establish a payment plan with the Secretary. ``(C) Opportunity to make such a waiver or establish such a payment plan. ``(3) The Secretary may waive the requirement of a veteran to make a payment for care or services provided at a non-Department facility pursuant to this chapter or other provision of law if-- ``(A) an error committed by the Department, an employee of the Department, or a non-Department facility was the cause of delaying the notification sent to the veteran of the requirement to make the payment; and ``(B) the veteran received such notification after the period described in paragraph (1).''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1709B the following new item: ``1709C. Procedures for copayments.''. (d) Improvement of Procedures.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall-- (1) review the copayment billing internal controls and notification procedures of the Department of Veterans Affairs; and (2) improve such controls and procedures, including pursuant to the amendments made by this Act. Passed the House of Representatives May 21, 2018. Attest: KAREN L. HAAS, Clerk.

VA Billing Accountability Act (Sec. 2) This bill authorizes the Department of Veterans Affairs (VA) to waive the requirement that a veteran make copayments for medication, hospital care, nursing home care, or medical services if the veteran received copayment notification more than 180 days after the medical service or receipt of medication and such delay was caused by VA error. In requiring a veteran to make a copayment for medical services, the VA shall notify the veteran within 180 days (18 months in the case of a non-VA facility) of the service. If the VA does not provide such notification, it may not collect the payment unless the veteran is provided with an opportunity to apply for a waiver or establish a payment plan. The VA shall review and improve its copayment billing internal controls and notification procedures.

VA Billing Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Accountability in Budgeting and Spending Act''. SEC. 2. POINT OF ORDER AGAINST CONSIDERATION OF DEBT LIMIT EXTENSION. (a) In General.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``SEC. 316. POINT OF ORDER AGAINST CONSIDERATION OF EXTENSION OF STATUTORY DEBT LIMIT. ``(a) Point of Order Against Consideration of Extension of Statutory Debt Limit.--It shall not be in order in the House of Representatives or the Senate to consider any bill or joint resolution, or amendment thereto or conference report thereon, to extend the statutory debt limit unless-- ``(1)(A) in the case of fiscal year 2013, the concurrent resolution on the budget for that fiscal year has been agreed to and is in effect for the fiscal year during which such measure is being considered and provides for an allocation under section 302(a) of new discretionary budget authority for fiscal year 2013 at a level not to exceed $1.027 trillion (excluding emergency spending and Overseas Contingency Operations); or ``(B) in the case of any subsequent fiscal year, a concurrent resolution on the budget has been agreed to and is in effect for the fiscal year during which such measure is being considered; ``(2) before the year referred to in paragraph (1), the budget submitted by the President to the Congress under section 1105(a) of title 31, United States Code, for any fiscal year includes a proposed budget for the Government that within 10 fiscal years would be in balance and for which-- ``(A) total outlays do not exceed total receipts; and ``(B) total outlays do not exceed 21.7 percent of the estimated gross domestic product of the United States for the calendar year ending before the beginning of such fiscal year; ``(3) the Rules of the House of Representatives and the Standing Rules of the Senate require the approval of two-thirds of the Members, duly chosen and sworn, to increase Federal income tax rates; ``(4) there is a requirement that the statutory debt limit may not be raised under any circumstance while the funding for the Government is being carried out by a continuing resolution; ``(5) the Rules of the House of Representatives and the Standing Rules of the Senate prohibit the consideration of any measure deeming that a concurrent resolution on the budget has been agreed to; and ``(6) the House of Representatives and the Senate have agreed to an amendment to the Constitution of the United States requiring a balanced budget for each fiscal year. ``(b) Macroeconomic Impact Analysis by Congressional Budget Office.--(1) The Director of the Congressional Budget Office shall prepare for each major bill or resolution reported by any committee of the House of Representatives or the Senate for which the Director prepares an analysis under section 402 and submit to such committee a macroeconomic impact analysis of the costs which would be incurred in carrying out such bill or resolution in the fiscal year in which it is to become effective and in each of the 4 fiscal years following such fiscal year, together with the basis for such analysis. The analysis shall be included in the report accompanying such bill or resolution. ``(2) The macroeconomic impact analysis referred to in paragraph (1) shall describe the potential economic impact of the applicable major bill or resolution on major economic variables, including real gross domestic product, business investment, the capital stock, employment, interest rates, and labor supply. The analysis shall also describe the potential fiscal effects of the bill or resolution, including any estimates of revenue increases or decreases resulting from changes in gross domestic product. To the extent practicable, the analysis should use a variety of economic models in order to reflect the full range of possible economic outcomes resulting from the bill or resolution. The analysis (or a technical appendix to the analysis) shall specify the economic and econometric models used, sources of data, relevant data transformations, and shall include such explanation as is necessary to make the models comprehensible to academic and public policy analysts. ``(c) Waivers.--Subsection (a) may be waived or suspended in the House of Representatives or the Senate only by the affirmative vote of two-thirds of its Members, duly chosen and sworn. ``(d) Appeals.--An affirmative vote of two-thirds of the Members, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order under subsection (a).''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: ``Sec. 316. Point of order against consideration of extension of statutory debt limit.''. SEC. 3. DEFINITIONS. Section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding at the end the following new paragraphs: ``(12) The term `macroeconomic impact analysis' means-- ``(A) an estimate of the changes in economic output, employment, interest rates, capital stock, and tax revenues expected to result from enactment of the proposal; ``(B) an estimate of revenue feedback expected to result from enactment of the proposal; and ``(C) a statement identifying the critical assumptions and the source of data underlying that estimate. ``(13) The term `major bill or resolution' means any bill or resolution if the gross budgetary effects of such bill or resolution for any fiscal year in the period for which an estimate is prepared under section 316 is estimated to be greater than .25 percent of the current projected gross domestic product of the United States for any such fiscal year. ``(14) The term `budgetary effect', when applied to a major bill or resolution, means the changes in revenues, outlays, deficits, and debt resulting from that measure. ``(15) The term `revenue feedback' means changes in revenue resulting from changes in economic growth as the result of the enactment of any major bill or resolution.''. SEC. 4. SEQUESTRATION AND DIRECTIVE TO THE COMMITTEE ON THE BUDGET OF THE HOUSE OF REPRESENTATIVES. (a) Sequestration.-- (1) Submissions of spending reduction.--Not later than April 27, 2012, the House committees named in paragraph (2) shall submit recommendations to the Committee on the Budget of the House of Representatives. After receiving those recommendations, such committee shall report to the House a reconciliation bill carrying out all such recommendations without substantive revision. (2) Instructions.-- (A) Committee on agriculture.--The Committee on Agriculture shall submit changes in laws within its jurisdiction sufficient to reduce the deficit by $8,200,000,000 for the period of fiscal years 2012 and 2013; by $19,700,000,000 for the period of fiscal years 2012 through 2017; and by $33,200,000,000 for the period of fiscal years 2012 through 2022. (B) Committee on energy and commerce.--The Committee on Energy and Commerce shall submit changes in laws within its jurisdiction sufficient to reduce the deficit by $3,750,000,000 for the period of fiscal years 2012 and 2013; by $28,430,000,000 for the period of fiscal years 2012 through 2017; and by $96,760,000,000 for the period of fiscal years 2012 through 2022. (C) Committee on financial services.--The Committee on Financial Services shall submit changes in laws within its jurisdiction sufficient to reduce the deficit by $3,000,000,000 for the period of fiscal years 2012 and 2013; by $16,700,000,000 for the period of fiscal years 2012 through 2017 and by $29,800,000,000 for the period of fiscal years 2012 through 2022. (D) Committee on the judiciary.--The Committee on the Judiciary shall submit changes in laws within its jurisdiction sufficient to reduce the deficit by $100,000,000 for the period of fiscal years 2012 and 2013; by $11,200,000,000 for the period of fiscal years 2012 through 2017; and by $39,700,000,000 for the period of fiscal years 2012 through 2022. (E) Committee on oversight and government reform.-- The Committee on Oversight and Government Reform shall submit changes in laws within its jurisdiction sufficient to reduce the deficit by $2,200,000,000 for the period of fiscal years 2012 and 2013; by $30,100,000,000 for the period of fiscal years 2012 through 2017; and by $78,900,000,000 for the period of fiscal years 2012 through 2022. (F) Committee on ways and means.--The Committee on Ways and Means shall submit changes in laws within its jurisdiction sufficient to reduce the deficit by $1,200,000,000 for the period of fiscal years 2012 and 2013; by $23,000,000,000 for the period of fiscal years 2012 through 2017; and by $53,000,000,000 for the period of fiscal years 2012 through 2022. (b) Directive to the Committee on the Budget of the House of Representatives To Replace the Sequester Established by the Budget Control Act of 2011.-- (1) Submission.--In the House, the Committee on the Budget shall report to the House a bill carrying out the directions set forth in paragraph (2). (2) Directions.--The bill referred to in paragraph (1) shall include the following provisions: (A) Replacing the sequester established by the budget control act of 2011.--The language shall amend section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 to replace the sequester established under that section consistent with this bill. (B) Application of provisions.--The bill referred to in paragraph (1) shall include language making its application contingent upon the enactment of the reconciliation bill referred to in subsection (a).

Congressional Accountability in Budgeting and Spending Act - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or the Senate to consider any legislation to extend the statutory debt limit unless: (1) for FY2013 the concurrent budget resolution has been agreed to and is in effect, providing for an allocation of new discretionary budget authority for FY2013 of no more than $1.027 trillion (excluding emergency spending and Overseas Contingency Operations); (2) for subsequent fiscal years a concurrent budget resolution has been agreed to and is in effect; (3) for any fiscal year before FY2013 the President's budget request proposes a balanced budget within 10 fiscal years in which total outlays do not exceed 21.7% of the prior year's estimated U.S. gross domestic product (GDP); (4) House and Senate Rules require two-thirds approval to increase federal income tax rates and prohibit consideration of any measure deeming that a budget resolution has been agreed to; (5) any raising of the debt limit is prohibited while the government is being funded by a continuing resolution; and (6) Congress has agreed to a balanced budget amendment to the Constitution. Requires the Director of the Congressional Budget Office (CBO) to prepare for each major bill or resolution reported by any congressional committee a macroeconomic impact analysis of the costs of such legislation for: (1) the fiscal year in which the measure is to become effective, and (2) in each of the four following fiscal years. Permits waiver or suspension of this requirement only by a two-thirds vote in the House or the Senate. Defines "major bill or resolution" as any bill or resolution whose budgetary effects, for any fiscal year in the period for which a CBO cost estimate is prepared, is estimated to be greater than .25% of the current projected U.S. GDP for that fiscal year. Requires the analysis to describe: (1) the potential economic impact of the measure on major economic variables, including real GDP, business investment, the capital stock, employment, interest rates, and labor supply; and (2) the potential fiscal effects of the measure, including any estimates of revenue increases or decreases resulting from changes in GDP. Requires certain House committees to submit recommendations to the Committee on the Budget, which shall report to the House a reconciliation bill carrying them out without substantive revision. Directs the Committee on the Budget to report to the House a bill to amend the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to replace the sequester established by the Budget Control Act of 2011.

To amend the Congressional Budget Act of 1974 to establish a point of order to prohibit the extension of the statutory debt limit unless a concurrent resolution on the budget has been agreed to and is in effect, Federal spending is cut and capped, and a balanced budget amendment to the constitution has been sent to the States for ratification, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Reporting Streamlining Act of 1996''. SEC. 2. PURPOSES. The purposes of this Act are the following: (1) To streamline governmentwide use of electronic data transmissions in place of paperwork submissions to Federal agencies from non-Federal persons, including businesses and State and local governments. (2) To ensure that full advantage is taken of private- sector standard setting for electronic data transmission for the benefit of small and large organizations alike. (3) To reduce costs to business and government by avoiding further proliferation of incompatible formats and methods for transmitting data in an electronic format. (4) To stimulate Government adoption of comprehensive standards for electronic data exchange. (5) To increase effective public access to data and other forms of information transmitted to or from Federal agencies, through electronic means. (6) To minimize costs to the public of reviewing, obtaining, and searching for data and other forms of information that are available in electronic form. SEC. 3. NEGOTIATED RULEMAKING FOR DATA STANDARDS FOR ELECTRONIC INTERCHANGE OF DATA. Section 15 of the Federal Advisory Committee Act (5 App. U.S.C.) is amended to read as follows: ``electronic data management advisory committee ``Sec. 15. (a) In General.--Not later than 90 days after the date of the enactment of this section, the Director of the Office of Management and Budget shall establish and appoint a negotiated rulemaking committee in accordance with subchapter III of chapter 5 of title 5, United States Code, for the purpose of establishing electronic data reporting standards for the electronic interchange of certain data that is required to be reported under existing Federal law. The committee shall be known as the Electronic Data Management Advisory Committee. The Director shall designate the subject matter of the negotiated rulemaking to be conducted by the Committee, which shall consist of an existing data reporting requirement that applies to 3 or more agencies and that relates to the reporting of data commonly managed by the private sector in accordance with uniform standards. ``(b) Membership of Committee.--In addition to the membership requirements for the Committee under section 565(b) of title 5, United States Code-- ``(1) one-third of the membership of the Committee shall be composed of individuals representing private industry; ``(2) the membership of the Committee shall include-- ``(A) at least one representative of each Federal agency having regulatory authority with respect to the subject matter; and ``(B) representatives of organizations devoted to the public interest in the subject matter; and ``(3) not more than one-quarter of the membership of the Committee may be composed of individuals representing a particular department or agency. ``(c) Negotiated Rulemaking by Committee.-- ``(1) In general.--The Committee shall conduct a negotiated rulemaking in accordance with subchapter III of chapter 5 of title 5, United States Code, for the purpose set forth in subsection (a) and on the subject matter. In conducting the rulemaking, the Committee shall seek comment and participation from all persons interested in the subject matter. ``(2) Requirements for proposed rule.--Any proposed rule promulgated by the Committee shall-- ``(A) provide data necessary to satisfy existing regulatory reporting requirements comprising the subject matter, under a format and protocol that will reasonably accommodate future or revised data element specifications without requiring users to make costly or substantial modifications to hardware or software that they use to submit electronic data; ``(B) give deference to existing, operational, comprehensive electronic data interchange standards for reporting under the subject matter; ``(C) establish data standards that use electronic file formats that are nonproprietary, royalty free, or in the public domain; ``(D) include a list of data elements to be used under the rule, including a description of the characteristics of each data element; ``(E) use data elements that are suitable for placing in publicly accessible electronic databases, to the extent such placement is not otherwise prohibited by law; ``(F) provide for electronic dissemination of data reported under the proposed rule through one or more publicly accessible, searchable databases identified by the Committee, to the extent such dissemination is not otherwise prohibited by law; ``(G) include a schedule for implementation of electronic data interchange for each Federal program to which the proposed rule would apply; and ``(H) set forth a schedule for the dissemination of all publicly releasable information obtained under the proposed rule through electronic data interchange in accordance with chapter 35 of title 44, United States Code, and Office of Management and Budget Circular A- 130 (as in effect on the date of the enactment of this section). ``(3) Participation of nongovernmental persons.--In developing standards under this section, the Committee shall-- ``(A) solicit the participation of nongovernmental persons; ``(B) solicit from such persons proposals for meeting the requirements set forth in paragraph (2); and ``(C) authorize demonstrations by such persons of the operational capacity of any standard proposed to be adopted under this section. ``(4) Demonstration of proposed standards.--Before issuing a proposed rule under this section, the Committee shall provide for the demonstration and thorough testing of the proposed standard included in the proposed rule. ``(d) Report of Committee.--Not later than 2 years after the date of the enactment of this section, the Committee shall transmit to the Director, the Committee on Government Reform and Oversight of the House of Representatives, and the Committee on Governmental Affairs of the Senate a report under section 566(f) of title 5, United States Code, on the rulemaking required by this section. ``(e) Definitions.--For purposes of this section: ``(1) Committee.--The term `Committee' means the Electronic Data Management Advisory Committee established under subsection (a). ``(2) Director.--The term `Director' means the Director of the Office of Management and Budget. ``(3) Subject matter.--The term `subject matter' means the subject matter designated by the Director under subsection (a).''.

Electronic Reporting Streamlining Act of 1996 - Amends the Federal Advisory Committee Act to establish the Electronic Data Management Advisory Committee to conduct negotiated rulemaking for the purpose of establishing electronic data reporting standards for the electronic interchange of certain data. Provides for the demonstration and thorough testing of the proposed standard included in the proposed rule.

Electronic Reporting Streamlining Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energy Financing Incentive Act of 2004''. SEC. 2. NONRECOGNITION OF GAIN FROM SALE OF REAL PROPERTY UPON SUBSEQUENT PURCHASE OF RENEWABLE ENERGY PROPERTY. (a) In General.--Part III of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to common nontaxable exchanges) is amended by adding at the end the following new section: ``SEC. 1046. NONRECOGNITION OF GAIN FROM SALE OF REAL PROPERTY UPON SUBSEQUENT PURCHASE OF RENEWABLE ENERGY PROPERTY. ``(a) General Rule.--If-- ``(1) the taxpayer elects in such form as the Secretary may prescribe the application of this section with respect to any sale of real property located in the United States, ``(2) such sale gives rise to gain, and ``(3) the seller of such property acquires renewable energy property within the replacement period, then, except as provided in subsections (b) and (e), no gain shall result to the taxpayer from the sale of such property. ``(b) Amount of Gain Resulting.-- ``(1) In general.--In the case of an acquisition of renewable energy property to which subsection (a) applies, gain shall result from such acquisition to the extent that the price for which such real property is sold exceeds the cost of the renewable energy property acquired. ``(2) Gain recognized.--Except as provided in this section, the gain determined under paragraph (1) shall be recognized, notwithstanding any other provision of this subtitle. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Renewable energy property.--The term `renewable energy property' means a facility located in the United States which uses renewable energy sources as a primary feedstock for the generation of electricity or the manufacture of motor vehicle fuels. ``(2) Special rule relating to stock and interests in partnerships.-- ``(A) Partnership interest.--An interest in a partnership shall be treated as an interest in each of the assets of the partnership and not as an interest in the partnership. ``(B) Stock in corporation.--Stock in a corporation the principal business of which is owning or operating renewable energy property shall be treated as such property. ``(C) Cooperatives.--Rules similar to the rules of subparagraph (A) or (B), as appropriate, shall apply in the case of an organization which is subject to section 521 or to which part I of subchapter T applies. ``(3) Replacement period.--The term `replacement period' means the 2-year period beginning on the date of the sale of real property with respect to which there is in effect an election under subsection (a). ``(4) Requirement that property be identified.--For purposes of this section, any property received by the taxpayer shall be treated as property which is not like-kind property if such property is not identified as property to be received in the exchange on or before the day which is 180 days after the date on which the taxpayer transfers the property relinquished in the exchange. ``(d) Basis of Renewable Energy Property.--The basis shall be the same as that of the property exchanged, decreased in the amount of any money received by the taxpayer and increased in the amount of gain or decreased in the amount of loss to the taxpayer that was recognized on such exchange. ``(e) Recapture.-- ``(1) In general.--If a taxpayer disposes of any renewable energy property, then, notwithstanding any other provision of this title, gain (if any) shall be recognized to the extent of the gain which was not recognized under subsection (a) by reason of the acquisition by such taxpayer of such renewable energy property. ``(2) Certain dispositions not taken into account.--For purposes of paragraph (1), there shall not be taken into account any disposition-- ``(A) after the death of the taxpayer, ``(B) in a compulsory or involuntary conversion (within the meaning of section 1033) if the exchange occurred before the threat or imminence of such conversion, or ``(C) with respect to which it is established to the satisfaction of the Secretary that such disposition had as one of its principal purposes the avoidance of Federal income tax. ``(f) Statute of Limitations.--If any gain is realized by the taxpayer on the sale or exchange of any renewable energy property 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 renewable energy property which the taxpayer claims results in nonrecognition of any part of such gain, ``(B) the taxpayer's intention not to purchase renewable energy property within the replacement period, or ``(C) a failure to make such purchase within the replacement 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.''. (b) Conforming Amendment.--Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by adding at the end the following new paragraph: ``(29) in the case of property the acquisition of which resulted under section 1046 in the nonrecognition of any part of the gain realized on the sale of other property, to the extent provided in section 1046.''. (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. 1046. Nonrecognition of gain from sale of real property upon subsequent purchase of renewable energy property.''. (d) Effective Date.--The amendments made by this section shall apply with respect to real property sold after December 31, 2004.

Renewable Energy Financing Incentive Act of 2004 - Amends the Internal Revenue Code to provide for the nonrecognition of gain from the sale of real property if such gain is reinvested in renewable energy property within two years after the sale. Defines "renewable energy property" as a facility located in the United States which uses renewable energy sources as a primary feedstock for the generation of electricity or the manufacture of motor vehicle fuels.

To provide incentives for investment in renewable energy facilities.

SECTION 1. DUTY TREATMENT OF CERTAIN FABRICS. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended-- (1) by adding at the end of the U.S. notes the following new note: ``13. For purposes of headings 9902.51.11 and 9902.51.12, the term `suit' has the same meaning such term has for purposes of headings 6203 and 6204.''; and (2) by inserting in numerical sequence the following new headings: `` 9902.51.11 Fabrics, of carded or combed wool or fine animal hair, all the foregoing certified by the importer as `Super 70's' or `Super 80's' intended for use in making suits, suit-type jackets or trousers (provided for in subheadings 5111.11.70, 5111.19.60, 5112.11.20, or 5112.19.90)...... 20.2% No change No change On or before 12/ 31/2004 9902.51.12 Fabrics, of carded or combed wool or fine animal hair, all the foregoing certified by the importer as `Super 90's' or higher grade intended for use in making suits, suit-type jackets or trousers (provided for in subheadings 5111.11.70, 5111.19.60, 5112.11.20, or 5112.19.90)...... Free Free (CA,IL,MX) No change On or before 12/ 31/2004 '' (b) Staged Rate Reduction.--Any staged reduction of a rate of duty set forth in heading 6203.31.00 of the Harmonized Tariff Schedule of the United States that is proclaimed by the President shall also apply to the corresponding rate of duty set forth in heading 9902.51.11 of such Schedule (as added by subsection (a)). (c) Effective Date.--The amendments made by subsection (a) apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

Amends the Harmonized Tariff Schedule of the United States to: (1) provide a duty, through December 31, 2004, on fabrics, of carded or combed wool or fine animal hair, all the foregoing certified by the importer as "Super 70's" or "Super 80's" intended for use in making suits, suit-type jackets or trousers; and (2) grant duty-free treatment, through December 31, 2004, to fabrics, of carded or combed wool or fine animal hair, all the foregoing certified by the importer as "Super 90's" or higher grade intended for use in making suits, suit-type jackets or trousers. Treats (for tariff purposes) such suits similarly to certain other suits under the Schedule.

A bill to amend the Harmonized Tariff Schedule of the United States to provide for equitable duty treatment for certain wool used in making suits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aeronautics Competitiveness Act of 2007''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION FOR AERONAUTICS. (a) Authorization of Appropriations.--There is hereby authorized to be appropriated for the National Aeronautics and Space Administration for Science, Aeronautics, and Exploration and available for Aeronautics Research amounts as follows: (1) For fiscal year 2009, $1,089,000,000. (2) For fiscal year 2010, $1,198,000,000. (3) For fiscal year 2011, $1,250,000,000. (b) Supplement Not Supplant.--The amounts authorized to be appropriated and available for a fiscal year under subsection (a) for the purposes specified in that subsection are in addition to any other amounts authorized to be appropriated and make available for such fiscal year for that purpose. SEC. 3. ADVISORY COMMITTEE ON PRIORITIES IN AERONAUTICS RESEARCH. (a) Advisory Committee Required.--The Administrator of the National Aeronautics and Space Administration shall establish an advisory committee of experts from the private sector to provide advice and consultation to the Administrator in priorities in aeronautics research conducted by the Administration. (b) Members.--The members of the advisory committee established under subsection (a) shall include representatives of commercial aviation groups, general aviation groups, aviation labor groups, aeronautics research and development agencies, aircraft and systems manufacturers, academia, and aircraft and air traffic control suppliers. SEC. 4. DEVELOPMENT OF AERONAUTICS TECHNOLOGIES TO DEMONSTRATION LEVEL. (a) In General.--The Administrator of the National Aeronautics and Space Administration shall carry out activities to develop particular aeronautics technologies, including technologies for the Next Generation Air Transportation System, to a level of readiness that will permit the demonstration of such technologies, or a system or subsystem model or prototype incorporating such technologies, in an appropriate environment. (b) Consultation.--The Administrator shall carry out activities under this section in consultation with the advisory committee established under section 3. SEC. 5. AERONAUTICS SCHOLARSHIPS. (a) Expansion of Number of NASA Aeronautics Scholarships.--Section 431 of the National Aeronautics and Space Administration Authorization Act of 2005 (42 U.S.C. 16741) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): ``(c) Maximum Number of Scholarships.--The maximum number of scholarships awarded under this section that are in force at any one time may not exceed seven scholarships.''. (b) Fellowships for Graduate Research in Aviation or Aeronautics.-- (1) In general.--The Administrator of the Federal Aviation Administration shall carry out a program to provide fellowships for students enrolled in institutions of higher education in graduate programs in aviation or aeronautics for the conduct by such students of research in aviation or aeronautics. (2) Maximum number of fellowships.--The maximum number of fellowships awarded under the program that are in force at any one time may not exceed seven fellowships. (3) Other program requirements.--The Administrator shall prescribe such requirements for the program as the Administrator considers appropriate, including qualifications for the award of fellowships under the program and the amount and duration of fellowships awarded under the program. SEC. 6. PAYMENTS TO CONTRACTORS FOR COSTS OF EDUCATION AND PROFESSIONAL DEVELOPMENT OF AERONAUTICS WORKFORCES. (a) In General.--Chapter 139 of title 10, United States Code, is amended by inserting after section 2372 the following new section: ``Sec. 2372a. Education and professional development of aeronautics workforces: payments to contractors ``(a) Regulations.--The Secretary of Defense shall prescribe regulations governing the payment, by the Department of Defense, of expenses incurred by contractors for costs of education and professional development of their aeronautics workforce. ``(b) Costs Allowable as Indirect Expenses.--The regulations prescribed pursuant to subsection (a) shall provide that costs of education and professional development of the aeronautics workforce shall be allowable as indirect expenses on covered contracts to the extent that those costs are allocable, reasonable, and not otherwise unallowable by law or under the Federal Acquisition Regulation. ``(c) Definitions.--In this section: ``(1) The term `aeronautics workforce' means personnel employed as engineers or scientists engaged in the development and manufacture of aeronautics technologies. ``(2) The term `covered contract' has the meaning given that term in section 23724(l) of this title. ``(3)(A) The term `education and professional development', in the case of an aeronautics workforce, means each of the following: ``(i) The acquisition by personnel of the workforce of general knowledge of science and engineering. ``(ii) The development among personnel of the workforce of powers of reasoning and judgement. ``(iii) The participation of personnel of the workforce in technical conferences and professional society technical committees relating to aeronautics. ``(iv) The participation of personnel of the workforce in government advisory boards or commissions on aeronautics for which participation the government provides no compensation. ``(B) The term does not include the acquisition by personnel of an aeronautics workforce of vocational or practical skills for an immediate and specific job task or purpose.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 139 of such title is amended by inserting after the item relating to section 2372 the following new item: ``2372a. Education and professional development of aeronautics workforces: payments to contractors.''.

Aeronautics Competitiveness Act of 2007 - Authorizes appropriations for FY2009-FY2011 for the National Aeronautics and Space Administration (NASA) for Science, Aeronautics, and Exploration for aeronautics research. Establishes an advisory committee on priorities in aeronautics research. Requires the NASA Administrator to develop particular aeronautics technologies, including for the Next Generation Air Transportation System, to a demonstration ready level. Sets the maximum number of NASA aeronautics scholarships at no more than seven at any one time. Requires the Administrator of the Federal Aviation Administration (FAA) to establish a program to provide fellowships for graduate students in research in aviation or aeronautics. Requires the Secretary of the Department of Defense (DOD) to prescribe regulations governing DOD's payment of contractors' costs for education and professional development of their aeronautics workforce.

A bill to enhance United States competitiveness in aeronautics, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Computer Security Enhancement Act of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) The National Institute of Standards and Technology has responsibility for developing standards and guidelines needed to ensure the cost-effective security and privacy of sensitive information in Federal computer systems. (2) The Federal Government has an important role in ensuring the protection of sensitive, but unclassified, information controlled by Federal agencies. (3) Technology that is based on the application of cryptography exists and can be readily provided by private sector companies to ensure the confidentiality, authenticity, and integrity of information associated with public and private activities. (4) The development and use of encryption technologies by industry should be driven by market forces rather than by Government imposed requirements. (b) Purposes.--The purposes of this Act are to-- (1) reinforce the role of the National Institute of Standards and Technology in ensuring the security of unclassified information in Federal computer systems; and (2) promote technology solutions based on private sector offerings to protect the security of Federal computer systems. SEC. 3. SECURITY OF FEDERAL COMPUTERS AND NETWORKS. Section 20(b) of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3(b)) is amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (7) and (8), respectively; and (2) by inserting after paragraph (3) the following new paragraphs: ``(4) except for national security systems, as defined in section 5142 of Public Law 104-106 (40 U.S.C. 1452), to provide guidance and assistance to Federal agencies for protecting the security and privacy of sensitive information in interconnected Federal computer systems, including identification of significant risks thereto; ``(5) to promote compliance by Federal agencies with existing Federal computer information security and privacy guidelines; ``(6) in consultation with appropriate Federal agencies, assist Federal response efforts related to unauthorized access to Federal computer systems;''. SEC. 4. COMPUTER SECURITY IMPLEMENTATION. Section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3) is further amended-- (1) by redesignating subsections (c) and (d) as subsections (e) and (f), respectively; and (2) by inserting after subsection (b) the following new subsection: ``(c)(1) In carrying out subsection (a)(2) and (3), the Institute shall-- ``(A) emphasize the development of technology-neutral policy guidelines for computer security and electronic authentication practices by the Federal agencies; ``(B) promote the use of commercially available products, which appear on the list required by paragraph (2), to provide for the security and privacy of sensitive information in Federal computer systems; ``(C) develop qualitative and quantitative measures appropriate for assessing the quality and effectiveness of information security and privacy programs at Federal agencies; ``(D) perform evaluations and tests at Federal agencies to assess existing information security and privacy programs; ``(E) promote development of accreditation procedures for Federal agencies based on the measures developed under subparagraph (C); ``(F) if requested, consult with and provide assistance to Federal agencies regarding the selection by agencies of security technologies and products and the implementation of security practices; and ``(G)(i) develop uniform testing procedures suitable for determining the conformance of commercially available security products to the guidelines and standards developed under subsection (a)(2) and (3); ``(ii) establish procedures for certification of private sector laboratories to perform the tests and evaluations of commercially available security products developed in accordance with clause (i); and ``(iii) promote the testing of commercially available security products for their conformance with guidelines and standards developed under subsection (a)(2) and (3). ``(2) The Institute shall maintain and make available to Federal agencies and to the public a list of commercially available security products that have been tested by private sector laboratories certified in accordance with procedures established under paragraph (1)(G)(ii), and that have been found to be in conformance with the guidelines and standards developed under subsection (a)(2) and (3). ``(3) The Institute shall annually transmit to the Congress, in an unclassified format, a report containing-- ``(A) the findings of the evaluations and tests of Federal computer systems conducted under this section during the 12 months preceding the date of the report, including the frequency of the use of commercially available security products included on the list required by paragraph (2); ``(B) the planned evaluations and tests under this section for the 12 months following the date of the report; and ``(C) any recommendations by the Institute to Federal agencies resulting from the findings described in subparagraph (A), and the response by the agencies to those recommendations.''. SEC. 5. COMPUTER SECURITY REVIEW, PUBLIC MEETINGS, AND INFORMATION. Section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3), as amended by this Act, is further amended by inserting after subsection (c), as added by section 4 of this Act, the following new subsection: ``(d)(1) The Institute shall solicit the recommendations of the Computer System Security and Privacy Advisory Board, established by section 21, regarding standards and guidelines that are being considered for submittal to the Secretary in accordance with subsection (a)(4). The recommendations of the Board shall accompany standards and guidelines submitted to the Secretary. ``(2) There are authorized to be appropriated to the Secretary $1,030,000 for fiscal year 2001 and $1,060,000 for fiscal year 2002 to enable the Computer System Security and Privacy Advisory Board, established by section 21, to identify emerging issues related to computer security, privacy, and cryptography and to convene public meetings on those subjects, receive presentations, and publish reports, digests, and summaries for public distribution on those subjects.''. SEC. 6. LIMITATION ON PARTICIPATION IN REQUIRING ENCRYPTION AND ELECTRONIC AUTHENTICATION STANDARDS. Section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3), as amended by this Act, is further amended by adding at the end the following new subsection: ``(g) The Institute shall not promulgate, enforce, or otherwise adopt standards or policies for the Federal establishment of encryption and electronic authentication standards required for use in computer systems other than Federal Government computer systems.''. SEC. 7. MISCELLANEOUS AMENDMENTS. Section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3), as amended by this Act, is further amended-- (1) in subsection (b)(8), as so redesignated by section 3(1) of this Act, by inserting ``to the extent that such coordination will improve computer security and to the extent necessary for improving such security for Federal computer systems'' after ``Management and Budget)''; (2) in subsection (e), as so redesignated by section 4(1) of this Act, by striking ``shall draw upon'' and inserting in lieu thereof ``may draw upon''; (3) in subsection (e)(2), as so redesignated by section 4(1) of this Act, by striking ``(b)(5)'' and inserting in lieu thereof ``(b)(7)''; and (4) in subsection (f)(1)(B)(i), as so redesignated by section 4(1) of this Act, by inserting ``and computer networks'' after ``computers''. SEC. 8. FEDERAL COMPUTER SYSTEM SECURITY TRAINING. Section 5(b) of the Computer Security Act of 1987 (40 U.S.C. 759 note) is amended-- (1) by striking ``and'' at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting in lieu thereof ``; and''; and (3) by adding at the end the following new paragraph: ``(3) to include emphasis on protecting sensitive information in Federal databases and Federal computer sites that are accessible through public networks.''. SEC. 9. COMPUTER SECURITY FELLOWSHIP PROGRAM. There are authorized to be appropriated to the Secretary of Commerce $500,000 for fiscal year 2001 and $500,000 for fiscal year 2002 for the Director of the National Institute of Standards and Technology for fellowships, subject to the provisions of section 18 of the National Institute of Standards and Technology Act (15 U.S.C. 278g- 1), to support students at institutions of higher learning in computer security. Amounts authorized by this section shall not be subject to the percentage limitation stated in such section 18. SEC. 10. STUDY OF ELECTRONIC AUTHENTICATION TECHNOLOGIES BY THE NATIONAL RESEARCH COUNCIL. (a) Review by National Research Council.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce shall enter into a contract with the National Research Council of the National Academy of Sciences to conduct a study of electronic authentication technologies for use by individuals, businesses, and government. (b) Contents.--The study referred to in subsection (a) shall-- (1) assess technology needed to support electronic authentication technologies; (2) assess current public and private plans for the deployment of electronic authentication technologies; (3) assess interoperability, scalability, and integrity of private and public entities that are elements of electronic authentication technologies; and (4) address such other matters as the National Research Council considers relevant to the issues of electronic authentication technologies. (c) Interagency Cooperation With Study.--All agencies of the Federal Government shall cooperate fully with the National Research Council in its activities in carrying out the study under this section, including access by properly cleared individuals to classified information if necessary. (d) Report.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Commerce shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report setting forth the findings, conclusions, and recommendations of the National Research Council for public policy related to electronic authentication technologies for use by individuals, businesses, and government. The National Research Council shall not recommend the implementation or application of a specific electronic authentication technology or electronic authentication technical specification for use by the Federal Government. Such report shall be submitted in unclassified form. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Commerce $450,000 for fiscal year 2001, to remain available until expended, for carrying out this section. SEC. 11. PROMOTION OF NATIONAL INFORMATION SECURITY. The Under Secretary of Commerce for Technology shall-- (1) promote an increased use of security techniques, such as risk assessment, and security tools, such as cryptography, to enhance the protection of the Nation's information infrastructure; (2) establish a central repository of information for dissemination to the public to promote awareness of information security vulnerabilities and risks; and (3) in a manner consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 nt), promote the development of national standards- based infrastructures needed to support government, commercial, and private uses of encryption technologies for confidentiality and authentication. SEC. 12. ELECTRONIC AUTHENTICATION INFRASTRUCTURES. (a) Electronic Authentication Infrastructures.-- (1) Technology-neutral guidelines and standards.--Not later than 18 months after the date of the enactment of this Act, the Director, in consultation with industry and appropriate Federal agencies, shall develop technology-neutral guidelines and standards, or adopt existing technology-neutral industry guidelines and standards, for electronic authentication infrastructures to be made available to Federal agencies so that such agencies may effectively select and utilize electronic authentication technologies in a manner that is-- (A) adequately secure to meet the needs of those agencies and their transaction partners; and (B) interoperable, to the maximum extent possible. (2) Elements.--The guidelines and standards developed under paragraph (1) shall include-- (A) protection profiles for cryptographic and noncryptographic methods of authenticating identity for electronic authentication products and services; (B) a core set of interoperability specifications for the use of electronic authentication products and services in electronic transactions between Federal agencies and their transaction partners; and (C) validation criteria to enable Federal agencies to select cryptographic electronic authentication products and services appropriate to their needs. (3) Revisions.--The Director shall periodically review the guidelines and standards developed under paragraph (1) and revise them as appropriate. (b) Listing of Products.--Not later than 30 months after the date of the enactment of this Act, and thereafter, the Director shall maintain and make available to Federal agencies a nonmandatory list of commercially available electronic authentication products, and other such products used by Federal agencies, evaluated as conforming with the guidelines and standards developed under subsection (a). (c) Specifications for Electronic Certification and Management Technologies.-- (1) Specifications.--The Director shall, as appropriate, establish core specifications for particular electronic certification and management technologies, or their components, for use by Federal agencies. (2) Evaluation.--The Director shall advise Federal agencies on how to evaluate the conformance with the specifications established under paragraph (1) of electronic certification and management technologies, developed for use by Federal agencies or available for such use. (3) Maintenance of list.--The Director shall maintain and make available to Federal agencies a list of electronic certification and management technologies evaluated as conforming to the specifications established under paragraph (1). (d) Reports.--Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Director shall transmit to the Congress a report that includes-- (1) a description and analysis of the utilization by Federal agencies of electronic authentication technologies; and (2) a description and analysis regarding the problems Federal agencies are having, and the progress such agencies are making, in implementing electronic authentication infrastructures. (e) Definitions.--For purposes of this section-- (1) the term ``electronic authentication'' means cryptographic or noncryptographic methods of authenticating identity in an electronic communication; (2) the term ``electronic authentication infrastructure'' means the software, hardware, and personnel resources, and the procedures, required to effectively utilize electronic authentication technologies; (3) the term ``electronic certification and management technologies'' means computer systems, including associated personnel and procedures, that enable individuals to apply electronic authentication to electronic information; and (4) the term ``protection profile'' means a list of security functions and associated assurance levels used to describe a product. SEC. 13. SOURCE OF AUTHORIZATIONS. There are authorized to be appropriated to the Secretary of Commerce $7,000,000 for fiscal year 2001 and $8,000,000 for fiscal year 2002, for the National Institute of Standards and Technology to carry out activities authorized by this Act for which funds are not otherwise specifically authorized to be appropriated by this Act. Passed the House of Representatives October 24, 2000. Attest: Clerk. 106th CONGRESS 2d Session H. R. 2413 _______________________________________________________________________ AN ACT To amend the National Institute of Standards and Technology Act to enhance the ability of the National Institute of Standards and Technology to improve computer security, and for other purposes.

(Sec. 4) Requires the Institute to: (1) carry out specified activities in the development of uniform standards and guidelines for the cost-effective security and privacy of sensitive information in certain Federal computer systems; (2) maintain and make available to Federal agencies and the public a list of commercially available, tested, and certified computer information security products; and (3) report annually to Congress on evaluations and tests of Federal computer systems, planned evaluations, and recommendations. (Sec. 5) Directs the Institute to solicit the recommendations of the Computer System Security and Privacy Advisory Board regarding standards and guidelines that are being considered for submittal to the Secretary of Commerce. Authorizes separate appropriations for FY 2001 and 2002 to enable the Board to identify emerging issues related to computer security, privacy, and cryptography and to convene public meetings on those subjects, receive presentations, and publish reports, digests, and summaries for public distribution on those subjects. (Sec. 6) Prohibits the Institute from promulgating, enforcing, or otherwise adopting standards or policies for the Federal establishment of encryption and electronic authentication standards required for use in computer systems other than Federal Government computer systems. (Sec. 7) Revises specified requirements, including authorizing (currently, requiring) the Institute, for the purposes of performing research and conducting studies, to draw upon computer system security guidelines developed by the National Security Agency. (Sec. 8) Amends the Computer Security Act of 1987 to revise requirements regarding Federal computer system security training to require such training to include emphasis on protecting sensitive information in Federal databases and Federal computer sites that are accessible through public networks. (Sec. 9) Authorizes appropriations for FY 2001 and 2002 for fellowships to support students at institutions of higher learning in computer security. (Sec. 10) Requires a study by the National Research Council of the National Academy of Sciences of electronic authentication technologies. Authorizes appropriations for carrying out the study. (Sec. 11) Directs the Under Secretary of Commerce for Technology (Under Secretary) to: (1) promote an increased use of security technologies to enhance the protection of the Nation's information infrastructure; (2) establish a central repository of information for dissemination to the public to promote awareness of information security vulnerability and risks; and (3) promote the development of national, standards-based infrastructures needed to support government, commercial and private uses of encryption technologies for confidentiality and authentication. (Sec. 12) Directs the NIST Director to: (1) develop technology-neutral electronic authentication infrastructure guidelines and standards to enable Federal agencies to select and utilize electronic authentication technologies in a manner that is sufficiently secure and interoperable; (2) maintain and make available to Federal agencies and the public a nonmandatory list of commercially available electronic authentication products, and other such products used by Federal agencies, evaluated as conforming with such guidelines and standards; (3) establish core specifications for particular electronic certification and management technologies by Federal agencies and advise Federal agencies for evaluating the conformance of such systems with such criteria; (4) maintain and make available to Federal agencies a list of such systems evaluated as conforming to such criteria; and (5) transmit annual reports to Congress on progress and problems in implementing electronic authentication infrastructures. (Sec. 13) Authorizes appropriations.

Computer Security Enhancement Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Resident Protection Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) there exists throughout the United States a need for decent, safe and affordable housing; (2) affordable housing is critical to the well-being of vulnerable families, particularly seniors and persons with disabilities; (3) an unprecedented number of contracts for Federal rental assistance are expiring now and will expire in the near future, including contracts covering 2,384,000 units in fiscal year 2000 alone; (4) a growing number of private owners of affordable housing developments are choosing to not renew their subsidy contracts with the Federal government; (5) in cases where assistance contracts are not renewed, rent levels in the affected developments may rise dramatically; (6) an overwhelming majority of residents in these developments are seniors or persons with disabilities and have little or no means of paying additional rent from personal income, effectively forcing them to move from what have been their homes for almost a quarter of a century; and (7) the Federal Government should use all appropriate means to ensure that those least able to provide for themselves enjoy the protection and welfare of the people of the United States. (b) Purpose.--The purpose of this Act is to protect vulnerable residents of affordable housing, particularly seniors and persons with disabilities, and to help provide those residents with peace of mind and security for living-- (1) by providing greater rental assistance flexibility to ensure that vulnerable populations are not forced to move from their homes when rent levels rise; and (2) where appropriate, by encouraging private owners of affordable housing developments to continue serving low-income families by allowing such housing providers greater flexibility for refinancing and by ensuring more effective administration by the Federal Government of rental assistance contract renegotiations. SEC. 3. ENHANCED VOUCHERS FOR RESIDENTS OF PROJECTS WITH EXPIRING CONTRACTS. Section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by adding at the end the following new subsection: ``(b) Enhanced Vouchers Upon Contract Expiration.--In the case of contracts for assistance under section 8 referred to in subsection (a) of this section that are not renewed under subsection (a) (or any other authority), the following provisions shall apply: ``(1) In general.--To the extent that amounts for assistance under this subsection are provided in advance in appropriation Acts, upon the date of the expiration of the contract for project-based assistance for a covered project, the Secretary-- ``(A) shall make enhanced voucher assistance under this subsection available on behalf of each covered resident of a covered project; and ``(B) may make enhanced voucher assistance under this section available on behalf of any other low- income family who, upon the date of such expiration, is residing in an assisted dwelling unit in a covered project that is located in a low-vacancy area. ``(2) Enhanced assistance.--Enhanced voucher assistance under this subsection for a family shall be voucher assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)), except that under such enhanced voucher assistance-- ``(A) if the assisted family elects to remain in the covered project in which the family was residing on the date of the expiration of such contract and the rent for such unit exceeds the applicable payment standard established pursuant to section 8(o) for the unit, the amount of rental assistance provided on behalf of family shall be determined using a payment standard that is equal to the rent for the dwelling unit, subject to paragraph (10)(A) of such section 8(o); and ``(B) if the assisted family elects to move from such covered project, subparagraph (A) of this paragraph shall not apply and the payment standard for the dwelling unit occupied by the family shall be determined in accordance with section 8(o). ``(3) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Assisted dwelling unit.--The term `assisted dwelling unit' means a dwelling unit that-- ``(i) is in a covered project; and ``(ii) is covered by rental assistance provided under the contract for project-based assistance for the covered project. ``(B) Covered project.--The term `covered project' means any housing that-- ``(i) consists of more than 4 dwelling units; ``(ii) is covered in whole or in part by a contract for project-based assistance under-- ``(I) the new construction or substantial rehabilitation program under section 8(b)(2) of the United States Housing Act of 1937 (as in effect before October 1, 1983), ``(II) the property disposition program under section 8(b) of the United States Housing Act of 1937, ``(III) the moderate rehabilitation program under section 8(e)(2) of the United States Housing Act of 1937 (as in effect before October 1, 1991); ``(IV) the loan management assistance program under section 8 of the United States Housing Act of 1937, ``(V) section 23 of the United States Housing Act of 1937 (as in effect before January 1, 1975), ``(VI) the rent supplement program under section 101 of the Housing and Urban Development Act of 1965, or ``(VII) section 8 of the United States Housing Act of 1937, following conversion from assistance under section 101 of the Housing and Urban Development Act of 1965, which contract will (under its own terms) expire during the period consisting of fiscal years 2000 through 2004; and ``(iii) is not housing for which residents are eligible for enhanced voucher assistance as provided under the `Preserving Existing Housing Investment' account in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (Public Law 104-204; 110 Stat. 2884), pursuant to such provision or any other subsequently enacted provision of law. ``(C) Covered resident.--The term `covered resident' means a family who-- ``(i) is an elderly family or a disabled family (as such terms are defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and ``(ii) upon the date of the expiration of the contract for project-based assistance for a covered project, is residing in an assisted dwelling unit in the covered project. ``(D) Low-vacancy area.--The term `low-vacancy area' means an area that, in the determination of the Secretary, has an inadequate supply of habitable, affordable housing for low-income families using tenant-based assistance. ``(4) Authorization of appropriations.--There are authorized to be appropriated for each of fiscal years 2000, 2001, 2002, 2003, and 2004 such sums as may be necessary for enhanced voucher assistance under this subsection.''. SEC. 4. RENEWAL OF SECTION 8 CONTRACTS. (a) In General.--Paragraph (1) of section 524(a) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended-- (1) in the first sentence, by striking `` at rent levels that do not exceed comparable market rents for the market area''; and (2) in the last sentence, by striking the period at the end and inserting the following: ``and, in the case of expiring contracts, if provided shall be provided at rent levels that are-- ``(A) equal to 90 percent of comparable market rents for the market area, in the case of a project having rent levels under the expiring contract that do not exceed 90 percent of such comparable market rents; ``(B) equal to the existing rents under the expiring contract, in the case of a project having rent levels under the expiring contract that exceed 90 percent of comparable market rents for the market area but do not exceed such comparable market rents; and ``(C) equal to comparable market rents for the market area, in the case of a project that is not eligible for mortgage restructuring under this title and has rent levels under the expiring contract that exceed such comparable market rents.''. (b) Conforming Amendment.--Section 524(a)(2) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended-- (1) in subparagraph (C), by inserting ``and'' after the semicolon at the end; (2) in subparagraph (D), by striking ``; and'' and inserting a period; and (3) by striking subparagraph (E). SEC. 5. ELIGIBLE PURPOSES OF INTEREST REDUCTION PAYMENT GRANTS. (a) Eligible Purposes.--Section 236(s)(3) of the National Housing Act (12 U.S.C. 1715z-1(s)(3)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end: (2) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(D) refinancing of the mortgage on the project.'' SEC. 6. RETENTION OF EXCESS INCOME FOR SECTION 236 PROJECTS. The last sentence of section 236(g) of the National Housing Act (12 U.S.C. 1715z-1(g)) is amended by striking ``an owner of a project'' and all that follows through ``subsection (b),'' and inserting ``the project owner''.

Emergency Resident Protection Act of 1999 - Amends the Multifamily Assisted Housing Reform and Affordability Act of 1997 to provide enhanced vouchers for residents of projects with expiring contracts under section 8 of the United States Housing Act of 1937. Authorizes specified appropriations. Sets forth expiring contract renewal rates based upon comparable market rents. Authorizes interest reduction payments for project mortgage refinancing. Amends the National Housing Act to authorize project owners under the rental and cooperative housing program to retain excess income.

Emergency Resident Protection Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Improvement and Immigration Act of 1999''. SEC. 2. AMENDMENT OF THE ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT OF 1996. Section 110(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) is amended to read as follows: ``(a) System.-- ``(1) In general.--Subject to paragraph (3), not later than October 15, 1998, the Attorney General shall develop an automated entry and exit control system at air ports-of-entry that will-- ``(A) collect a record of departure for every alien departing the United States and match the record of departure with the record of the alien's arrival in the United States; and ``(B) enable the Attorney General to identify, through on-line searching procedures, lawfully admitted nonimmigrants who remain in the United States beyond the period authorized by the Attorney General. ``(2) Implementation.--The Attorney General shall fully implement the system developed under paragraph (1) at all air ports-of-entry into the United States not later than October 1, 2001. The Attorney General may not implement the system at any land border or seaport. ``(3) Exception.--The system under paragraphs (1) and (2) shall not collect a record of arrival or departure for any alien for whom the documentary requirements in section 212(a)(7)(B) of the Immigration and Nationality Act have been waived by the Attorney General and the Secretary of State under section 212(d)(4)(B) of the Immigration and Nationality Act.''. SEC. 3. REPORT ON AUTOMATED ENTRY-EXIT CONTROL SYSTEM. (a) Requirement.--Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit a report to the Committees on the Judiciary of the Senate and the House of Representatives on the feasibility of developing and implementing an automated entry-exit control system that would collect a record of departure for every alien departing the United States and match the record of departure with the record of the alien's arrival in the United States, including departures and arrivals at the land borders and seaports of the United States. (b) Contents of Report.--Such report shall-- (1) assess the costs and feasibility of various means of operating such an automated entry-exit control system, including exploring-- (A) how, if the automated entry-exit control system were limited to certain aliens arriving at airports, departure records of those aliens could be collected when they depart through a land border or seaport; and (B) the feasibility of the Attorney General, in consultation with the Secretary of State, negotiating reciprocal agreements with the governments of contiguous countries to collect such information on behalf of the United States and share it in an acceptable automated format; (2) consider the various means of developing such a system, including the use of pilot projects if appropriate, and assess which means would be most appropriate in which geographical regions; (3) evaluate how such a system could be implemented without increasing border traffic congestion and border crossing delays and, if any such system would increase border crossing delays, evaluate to what extent such congestion or delays would increase; and (4) estimate the length of time that would be required for any such system to be developed and implemented. SEC. 4. INCREASED RESOURCES FOR BORDER CONTROL AND ENFORCEMENT. (a) Increased Number of INS Inspectors at the Land Borders.--The Attorney General in each of fiscal years 2000, 2001, and 2002 shall increase by not less than 300 the number of full-time immigration inspectors assigned to active duty at the land borders of the United States by the Immigration and Naturalization Service, above the number of such positions for which funds were made available for the preceding fiscal year. The inspectors added under the preceding sentence in each fiscal year shall be assigned equally to the northern and southern borders of the United States. (b) Increased Number of Customs Inspectors at the Land Borders.-- The Secretary of the Treasury in each of fiscal years 2000, 2001, and 2002 shall increase by not less than 150 the number of full-time inspectors assigned to active duty at the land borders of the United States by the Customs Service, above the number of such positions for which funds were made available for the preceding fiscal year. The inspectors added under the preceding sentence in each fiscal year shall be assigned equally to the northern and southern borders of the United States.

Border Improvement and Immigration Act of 1999 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with respect to the automated entry-exit control system to exempt from required recordkeeping: (1) land border and seaport crossings; and (2) aliens for whom certain documentation requirements have been waived by the Attorney General or the Secretary of State. Requires airport implementation of such system by a specified date. Requires the Attorney General to report on the feasibility of implementing an automated entry-exit control system that would include land border and seaport arrivals and departures. Provides for increased numbers of full-time Immigration and Naturalization and Customs inspectors at U.S. land borders, with such inspectors to be equally assigned to the northern and southern borders.

Border Improvement and Immigration Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydraulic Fracturing Act''. SEC 2. HYDRAULIC FRACTURING. Section 1421 of the Safe Drinking Water Act (42 U.S.C. Sec. 300h) is amended by adding at the end the following: ``(e) Hydraulic Fracturing for Oil and Gas Production.-- ``(1) Study of the effects of hydraulic fracturing.-- ``(A) In general.--Not later than 24 months after the date of enactment of this subsection, the Administration shall complete a study of the known and potential effects on underground drinking water sources of hydraulic fracturing, including the effects of hydraulic fracturing on underground drinking water sources on a nationwide basis, and within specific regions, States, or portions of States. ``(B) Consultation.--In planning and conducting the study, the Administrator shall consult with the Secretary of the Interior, the Secretary of Energy, the Ground Water Protection Council, affected States, and, as appropriate, representatives of environmental, industry, academic, scientific, public health, and other relevant organizations. Such study may be accomplished in conjunction with other ongoing studies related to the effects of oil and gas production on groundwater resources. ``(C) Study elements.--The study conducted under subparagraph (A) shall, at a minimum, examine and make findings as to whether-- ``(i) such hydraulic fracturing has, or will, endanger (as defined under subsection (d)(2)) underground drinking water sources, including those sources within specific regions, States or portions of States; ``(ii) there are specific methods, practices, or hydrogeologic circumstances in which hydraulic fracturing has, or will, endanger underground drinking water sources; and ``(iii) whether there are any precautionary actions that may reduce or eliminate any such endangerment. ``(2) Independent scientific review.-- ``(A) In general.--Not later than 2 months after the study under paragraph (1) is completed, the Administrator shall enter into an appropriate agreement with the National Academy of Sciences to have the Academy review the conclusions of the study. ``(B) Report.--Not later than 9 months after entering into an appropriate agreement with the Administrator, the National Academy of Sciences shall report to the Administrator, and the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate, on the-- ``(i) findings related to the study conducted by the Administrator under paragraph (1); and ``(ii) recommendations, if any, for modifying the findings of the study. ``(3) Regulatory determination.-- ``(A) In general.--Not later than 6 months after receiving the National Academy of Sciences report under paragraph (2), the Administrator shall determine, after informal public hearings and public notice and opportunity for comment, and based on information developed or accumulated in connection with the study required under paragraph (1) and the National Academy of Sciences report under paragraph (2), either: ``(i) that regulation of hydraulic fracturing under this part is necessary to ensure that underground sources of drinking water will not be endangered on a nationwide basis, or within a specific region, State or portions of a State; or ``(ii) that regulation described under clause (i) is unnecessary. ``(B) Publication of Determination.--The Administrator shall publish the determination in the Federal Register, accompanied by an explanation and the reasons for it. ``(4) Promulgation of regulations.-- ``(A) Regulation necessary.--If the Administrator determines under paragraph (3) that regulation of hydraulic fracturing under this part is necessary to ensure that hydraulic fracturing does not endanger underground drinking water sources on a nationwide basis, or within a specific region, State or portions of a State, the Administrator shall, within 6 months after the issuance of that determination, and after public notice and opportunity for comment, promulgate regulations under section 1421 (42 U.S.C. Sec. 300h) to ensure that hydraulic fracturing will not endanger such underground sources of drinking water. ``(B) Regulation unnecessary.--The Administrator shall not promulgate regulations for hydraulic fracturing under this part unless the Administrator determines under paragraph (3) that such regulations are necessary. ``(C) Existing regulations.--A determination by the Administrator under paragraph (3) that regulation is unnecessary will relieve States from any further obligation to regulate hydraulic fracturing as an underground injection under this part. ``(5) Definition of hydraulic fracturing.--For purposes of this subsection, the term `hydraulic fracturing' means the process of creating a fracture in a reservoir rock, and injecting fluids and propping agents, for the purposes of reservoir stimulation related to oil and gas production activities. ``(6) Savings.--Nothing in this subsection shall in any way limit the authorities of the Administrator under section 1431 (42 U.S.C. 300i).''.

Hydraulic Fracturing Act - Amends the Safe Drinking Water Act to direct the Administrator of the Environmental Protection Agency to: (1) study the effects on underground drinking water sources of hydraulic fracturing to determine whether regulation of such practice is necessary to protect such sources; and (2) promulgate such regulations as are determined to be necessary. Provides that a determination that regulation is unnecessary will relieve States from any further obligation to regulate hydraulic fracturing as an underground injection. Defines "hydraulic fracturing" as the process of creating a fracture in a reservoir rock, and injecting fluids and propping agents, for the purposes of reservoir stimulation related to oil and gas production activities.

A bill to provide for a study of the effects of hydraulic fracturing on underground drinking water sources.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Libyan Assets Taxpayer Reimbursement Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States Government has frozen, through Executive Order 13566 of February 25, 2011, over $30 billion in assets in the United States owned by the late Muammar Qaddafi, his family, and his regime. (2) The United States military conducted actions, through Operation Odyssey Dawn and NATO Operation Unified Protector, over the territory and off the coast of Libya designed to protect the Libyan people from the violence and cruelty of the Qaddafi regime. (3) United States military operations in Libya exposed members of the United States Armed Forces to the risk of death. (4) The Libyan uprising against the late dictator Qaddafi succeeded with the help of United States forces. (5) Libya is an oil rich country that will be able to finance its economic development and reconstruction. (6) Libya has Africa's largest oil reserves and a population of approximately 6.5 million people. (7) In 2010, Libya had one of the highest per capita oil export revenues in the world. (8) The Department of Defense estimates the cost of United States military and humanitarian efforts for the Libyan people at under $3 billion. (9) Funds collected by the United States from Libya pursuant to the United States-Libya Claims Settlement Agreement are insufficient to provide complete relief for all of the victims of Libyan state-sponsored terrorism whose claims are currently being adjudicated, or have been awarded, by the Foreign Claims Settlement Commission of the United States. The amount of the shortfall is believed to be as much as $400 million. (10) Around the world, over $150 billion of Qaddafi assets are frozen, and almost all of this amount will be paid to the new Libyan government, including the vast majority of the assets blocked by the United States. SEC. 3. STATEMENT OF POLICY. It shall be the policy of the United States Government-- (1) to ensure that the United States Treasury is reimbursed for the full cost of all military and humanitarian operations undertaken in and with respect to Libya from the onset of Operation Odyssey Dawn through the fall of the Qaddafi regime; and (2) to ensure that there are sufficient funds available to the United States to fully compensate victims of Libyan- sponsored terrorism, prior to providing assets blocked pursuant Executive Order 13566 of February 25, 2011 to the Government of Libya or other rightful owners. SEC. 4. AUTHORITY TO VEST AND USE BLOCKED LIBYAN ASSETS TO DEFRAY THE FULL COSTS OF OPERATION ODYSSEY DAWN AND U.S. PARTICIPATION IN NATO OPERATION UNIFIED PROTECTOR. (a) In General.--Pursuant to the authorities of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the President is authorized to-- (1) by means of instructions, licenses, or otherwise, vest such blocked Libyan assets that are available as of the date of the enactment of this Act in an amount necessary for the purposes described in subsection (b); (2) liquidate or sell any blocked Libyan assets described in paragraph (1); and (3) deposit any funds taken under paragraph (1) and any funds resulting from the liquidation or sale of blocked Libyan assets under paragraph (2) in the United States Treasury for the purposes described in subsection (b). (b) Use of Vested Funds.-- (1) In general.--Notwithstanding any other provision of law, the President shall use blocked Libyan assets vested under subsection (a)(1) to defray the full costs of Operation Odyssey Dawn and United States participation in NATO Operation Unified Protector and any associated humanitarian efforts undertaken on behalf of the Libyan people. (2) Other use of funds.--Notwithstanding any other provision of law, the President is authorized to use blocked Libyan assets vested under subsection (a)(1) to satisfy and pay in full all final awards of compensation to United States nationals ordered by the Foreign Claims Settlement Commission in its Libya Claims Program pursuant to the Libyan Claims Resolution Act (Public Law 110-301) and the International Claims Settlement Act of 1949 (22 U.S.C. 1621 et seq.). (c) Regulations.--The President may issue such regulations, including regulations prescribing definitions in addition to the definitions listed in subsection (d), as may be necessary for the exercise of the authorities granted by this Act. (d) Definitions.--In this section-- (1) the term ``blocked Libyan assets'' means all property and interests in property that are seized or blocked by the United States in accordance with Executive Order 13566 of February 25, 2011 (76 Fed. Reg. 11315); and (2) the term ``Government of Libya'' means the Government of Libya on the date of the enactment of this Act, including any agency or instrumentality of that Government and any entity controlled by that Government. SEC. 5. DETERMINATION OF AMOUNTS. (a) In General.--For purposes of determining the amount of blocked Libyan assets to vest under section 4(a)(1), the President shall ensure the full costs of military operations and humanitarian efforts described in section 4(b)(1)-- (1) are determined in accordance with generally accepted accounting principles; (2) include all expenditures properly chargeable to such operations and efforts; and (3) are not limited to marginal costs. (b) Consultation.--The President shall determine the amount of blocked Libyan assets to vest under section 4(a)(1) after consultation with the Secretary of Defense and the Foreign Claims Settlement Commission. SEC. 6. REPORT. Not later than 1 year after the date of the enactment of this Act, and annually thereafter as appropriate, the President shall prepare and submit to Congress a report on the implementation of this Act.

Libyan Assets Taxpayer Reimbursement Act of 2011 - Authorizes the President to vest blocked Libyan assets in an amount necessary to ensure: (1) reimbursement for the cost of U.S. military and humanitarian operations undertaken in Libya, and (2) compensation for U.S. victims of Libyan-sponsored terrorism.

To authorize the President to vest certain property of the Government of Libya seized or blocked by the United States and to authorize the use of that property to defray the full costs of Operation Odyssey Dawn and United States participation in NATO Operation Unified Protector, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safer Neighborhoods Gun Buyback Act of 2013''. SEC. 2. PROGRAM AUTHORIZED. (a) In General.--The Director of the Bureau of Justice Assistance (referred to in this Act as the ``Director'') may make grants to eligible entities to conduct gun buyback programs. (b) Eligible Entity Defined.--In this Act, the term ``eligible entity'' means-- (1) a State; (2) a unit of local government; or (3) a gun dealer if neither the unit of local government nor the State where such dealer is located receives a grant under this Act. SEC. 3. APPLICATIONS. (a) Grants.--The chief executive of an eligible entity seeking a grant under this Act shall submit an application to the Director at such time and containing such information as the Director may reasonably require. (b) Subgrants.--A gun dealer located in a unit of local government or State that does receive a grant under this Act seeking a subgrant shall submit an application to the chief executive of such unit of local government or State at such time and containing such information as the chief executive may reasonably require, including proof of such dealer's license under section 923 of title 18, United States Code. SEC. 4. TERM OF GRANT. (a) Term.--The term of a grant awarded under this Act shall be two years. (b) Availability of Grant Funds.-- (1) Gun dealers.--A gun dealer that receives a grant or subgrant under this Act shall return to the Director any remaining smart prepaid cards and any unused portion of such grant or subgrant that was allocated to be used to buy back guns-- (A) in the case of a gun dealer receiving a grant, at the end of the two-year period beginning on the date that the grant was awarded; or (B) in the case of a gun dealer receiving a subgrant, at the end of the two-year period beginning on the date that the grant was awarded to the State or unit of local government from which the gun dealer received a subgrant. (2) States or units of local government.--A State of unit of local government that receives a grant under this Act shall return to the Director any unused portion of such grant at the end of the two-year and 270-day period beginning on the date that the grant was awarded. (c) Amounts Returned.--The Director shall return to the general fund of the Treasury any amounts returned under subsection (b). SEC. 5. SMART PREPAID CARDS. (a) In General.--In conducting the grant program authorized under section 2, the Director may reserve such funds as may be necessary to acquire and distribute smart prepaid cards to eligible entities that receive grants under this Act. The Director shall distribute the smart prepaid cards without any funds loaded onto the cards. (b) Market Value of Guns.--The Director shall determine the market value of each gun listed in section 7(2) and make such information publicly available. (c) Prohibition on Use of Cards To Buy Guns.-- (1) In general.--A person may not use a smart prepaid card to buy a gun or ammunition, and a merchant may not accept a smart prepaid card to sell a gun or ammunition. (2) Penalty.--A merchant that violates paragraph (1) shall pay to the Director an amount that is equal to the value of the prohibited sale. SEC. 6. USES OF FUNDS. (a) States and Units of Local Government.--A State or unit of local government receiving a grant under this Act shall use such funds to do the following: (1) Subgrants to gun dealers.--Distribute not less than 80 percent of such funds in the form of subgrants to gun dealers in such State or unit of local government to conduct gun buyback programs. (2) Distribute smart prepaid cards.--Distribute the smart prepaid cards such State or unit of local government receives to gun dealers receiving subgrants. (3) Gun recycling program.--Use 10 percent of such funds to recycle the guns that such State or unit of local government receives from gun dealers to make street signs, energy efficient washing machines, car parts, energy efficient refrigerators, or other steel parts such as railroad or metro tracks. (4) Administrative costs.--Use not more than 10 percent of such funds for the administrative costs of carrying out the grant program under this Act. (b) Gun Dealers.-- (1) In general.--A gun dealer receiving a grant or subgrant under this Act shall use such funds to conduct a gun buyback program. (2) Smart prepaid card amounts.-- (A) In order to purchase a gun through a gun buyback program, a gun dealer shall load onto a smart prepaid card 125 percent of the market value of the gun that the individual wishes to dispose of (as determined by the Director under section 5(b)). (B) A gun dealer may increase the purchase price of a gun and load an amount onto a smart prepaid card that is greater than 125 percent of the market value of the gun if the gun dealer determines that the gun has been altered in a way that would increase the market value of the gun (such as an altered grip, or the addition of a scope). (3) Guns received.-- (A) In the case of a gun dealer receiving a grant under this Act, the gun dealer shall deliver a gun the dealer receives under the gun buyback program to the closest office of the Bureau of Alcohol, Tobacco, Firearms and Explosives not later than 60 days after receiving such gun. (B) In the case of a gun dealer receiving a subgrant under this Act, the gun dealer shall deliver a gun the dealer receives under the gun buyback program to the State or unit of local government from which it receives the subgrant not later than 60 days after receiving such gun. (c) Incentives for Gun Dealer Participation.--To the extent that the Director determines necessary to facilitate participation of gun dealers in the gun buyback program, grant funds may be used to provide monetary or other incentives to gun dealers to participate in such program. For purposes of subsection (a), any such incentives shall be treated as part of the subgrant to the gun dealer described in paragraph (1) thereof. SEC. 7. DEFINITIONS. In this Act: (1) Gun.--The term ``gun'' means ``firearm'' as defined in section 921(a)(3) of title 18, United States Code. (2) Gun buyback program.--The term ``gun buyback program'' means a program under which a gun dealer, using smart prepaid cards as described in section 6(b)(2), purchases back from individuals wishing to dispose of them, the following guns: (A) Smith and Wesson .38 revolver. (B) Smith and Wesson .40 semiautomatic pistol. (C) Haskell Hi-Point JHP 45 semiautomatic pistol. (D) Iberia Firearm JCP40 pistol. (E) Ruger 9 mm semiautomatic pistol. (F) Hi-Point CF380 .380 semiautomatic pistol. (G) Raven Arms .25 semiautomatic pistol. (H) Mossberg 12 gauge shotgun. (I) Smith and Wesson 9mm semiautomatic pistol. (J) Smith and Wesson .357 revolver. (K) Bryco Arms 9mm semiautomatic pistol. (L) Bryco Arms .380 semiautomatic pistol. (M) Davis Industries .380 semiautomatic pistol. (N) Cobra FS380 .38 semiautomatic pistol. (3) Gun dealer.--The term ``gun dealer'' means a dealer of firearms licensed under section 923 of title 18, United States Code. (4) Smart prepaid card.--The term ``smart prepaid card'' means a card issued by the Director that-- (A) is redeemable at multiple, unaffiliated merchants or service providers; (B) contains a mechanism, for the purpose of preventing the card-holder from using it to purchase a gun or ammunition, that recognizes the merchant category code of a merchant and prohibits the use of such card at gun stores and pawn shops; (C) is honored, upon presentation, by merchants for goods or services, except for merchants described in subparagraph (B); (D) is loaded on a prepaid basis by a gun dealer for use in a gun buyback program; and (E) clearly and conspicuously bears the words ``THIS CARD MAY NOT BE USED TO PURCHASE A GUN OR AMMUNITION'' in capital and raised letters on the card. (5) State.--The term ``State'' means each of the 50 States and the District of Columbia. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $360,000,000 for each of fiscal years 2014 through 2016 to carry out this Act.

Safer Neighborhoods Gun Buyback Act of 2013 - Authorizes the Director of the Bureau of Justice Assistance to make two-year grants to states and local governments for subgrants to gun dealers, or to gun dealers directly, to conduct gun buyback programs under which gun dealers shall be issued smart prepaid cards to purchase specified guns (listed in this Act) from individuals wishing to dispose of them. Prohibits: (1) such an individual from using such a card to buy a gun or ammunition, and (2) a merchant from accepting such a card to sell a gun or ammunition. Requires a state or local government to: (1) use 10% of grant funds to recycle the guns received from dealers to make street signs, energy efficient washing machines, car parts, energy efficient refrigerators, or other steel parts such as railroad or metro tracks; and (2) use not more than 10% for administrative costs of the program. Requires a gun dealer participating in the program to: (1) pay an individual 125% of a gun's market value, as determined by the Director; and (2) deliver guns received to the closest Bureau of Alcohol, Tobacco, Firearms and Explosives [ATF] office (for grantees) or to the state or local government (for subgrantees) within 60 days of receipt. Allows grant funds to be used to provide incentives to gun dealers to participate.

Safer Neighborhoods Gun Buyback Act of 2013

SECTION 1. OFFSET OF PAST-DUE, LEGALLY ENFORCEABLE STATE TAX OBLIGATIONS AGAINST OVERPAYMENTS. (a) In General.--Section 6402 of the Internal Revenue Code of 1986 is amended by redesignating subsections (e) through (i) as subsections (f) through (j), respectively, and by inserting after subsection (d) the following new subsection: ``(e) Collection of Past-Due, Legally Enforceable State Tax Obligations.-- ``(1) In general.--Upon receiving notice from any State that a named person owes a past-due, legally enforceable State tax obligation to such State, the Secretary shall, under such conditions as may be prescribed by the Secretary-- ``(A) reduce the amount of any overpayment payable to such person by the amount of such State tax obligation; ``(B) pay the amount by which such overpayment is reduced under subparagraph (A) to such State and notify such State of such person's name, taxpayer identification number, address, and the amount collected; and ``(C) notify the person making such overpayment that the overpayment has been reduced by an amount necessary to satisfy a past-due, legally enforceable State tax obligation. If an offset is made pursuant to a joint return, the notice under subparagraph (B) shall include the names, taxpayer identification numbers and addresses of each person filing such return. ``(2) Priorities for offset.--Any overpayment by a person shall be reduced pursuant to this subsection-- ``(A) after such overpayment is reduced pursuant to-- ``(i) subsection (a) with respect to any liability for any internal revenue tax on the part of the person who made the overpayment, ``(ii) subsection (c) with respect to past- due support (defined in section 464(c) of the Social Security Act) assigned to the State under section 402(a)(26) or 471(a)(17) of the Social Security Act, and ``(iii) subsection (d) with respect to any past-due, legally enforceable debt owed to a Federal agency, and ``(B) before such overpayment is credited to-- ``(i) past-due support (defined in section 464(c) of the Social Security Act) not assigned to a State pursuant to subsection (c), and ``(ii) the future liability for any Federal internal revenue tax of such person pursuant to subsection (b). If the Secretary receives notice from one or more State agencies of more than one debt subject to paragraph (1) that is owed by such person to such an agency, any overpayment by such person shall be applied against such debts in the order in which such debts accrued. ``(3) Notice; consideration of evidence.--No State may take action under this subsection until such State-- ``(A) notifies the person owing the past-due State tax liability that the State proposes to take action pursuant to this section, ``(B) gives such person at least 60 days to present evidence that all or part of such liability is not past-due or not legally enforceable, ``(C) considers any evidence presented by such person and determines that an amount of such debt is past-due and legally enforceable, and ``(D) satisfies such other conditions as the Secretary may prescribe to ensure that the determination made under subparagraph (C) is valid and that the State has made reasonable efforts to obtain payment of such State tax obligation. ``(4) Past-due, legally enforceable state tax obligation.-- For purposes of this subsection, the term `past-due, legally enforceable State tax obligation' means a debt-- ``(A)(i) which resulted from-- ``(I) a judgment rendered by a court of competent jurisdiction which has determined an amount of State tax to be due, or ``(II) a determination after an administrative hearing which has determined an amount of State tax to be due, and ``(ii) which is no longer subject to judicial review, or ``(B) which resulted from a State tax which has been assessed but not collected, the time for redetermination of which has expired, and which has not been delinquent for more than 10 years. For purposes of this paragraph, the term `State tax' includes any local tax administered by the chief tax administration agency of the State. ``(5) Regulations.--The Secretary shall issue regulations prescribing the time and manner in which States must submit notices of past-due, legally enforceable State tax obligations and the necessary information that must be contained in or accompany such notices. The regulations shall specify the minimum amount of debt to which the reduction procedure established by paragraph (1) may be applied and that the State may pay a fee to reimburse the Secretary for the cost of applying such procedure. Any fee paid to the Secretary pursuant to the preceding sentence shall be used to reimburse appropriations which bore all or part of the cost of applying such procedure. ``(6) Erroneous payment to state.--Any State receiving notice from the Secretary that an erroneous payment has been made to such State under paragraph (1) shall pay promptly to the Secretary, in accordance with such regulations as the Secretary may prescribe, an amount equal to the amount of such erroneous payment (without regard to whether any other amounts payable to such State under such paragraph have been paid to such State).'' (b) Disclosure of Certain Information to States Requesting Refund Offsets for Past-Due, Legally Enforceable State Tax Obligations.-- (1) Subsection (d) of section 6103 of such Code is amended by adding at the end thereof the following new paragraph: ``(5) Disclosure of certain information to states requesting a reduction under section 6402(e).-- ``(A) Return information from the internal revenue service.--The Secretary may, upon written request, disclose to State tax officials or employees of a State seeking a reduction under subsection (e) of section 6402-- ``(i) the fact that a reduction has been made or has not been made under such subsection with respect to any person; ``(ii) the amount of such reduction; and ``(iii) taxpayer identifying information of the person against whom a reduction was made or not made. ``(B) Restriction on use of disclosed information.--Any State tax official or employee of a State receiving return information under subparagraph (A) shall use such information only for the purposes of, and to the extent necessary in, establishing appropriate agency records or in defense of any litigation or administrative procedure ensuing from a reduction made under section 6402(e).'' (2) Section 6103(p)(3)(A) of such Code is amended by striking out ``(c), (e)'' and inserting in lieu thereof ``(c), (d)(5), (e)''. (3) Clause (i) of section 6103(p)(3)(C) of such Code is amended by inserting ``(other than paragraph (5))'' after ``(d)''. (c) Conforming Amendments.-- (1) Subsection (a) of section 6402 of such Code is amended by striking ``(c) and (d)'' and inserting ``(c), (d), and (e)''. (2) Paragraph (2) of section 6402(d) of such Code is amended by striking ``and before such overpayment'' and inserting ``and before such overpayment is reduced pursuant to subsection (e) and before such overpayment''. (3) Subsection (f) of section 6402 of such Code, as redesignated by subsection (a), is amended-- (A) by striking ``(c) or (d)'' and inserting ``(c), (d), or (e)'', and (B) by striking ``Federal agency'' and inserting ``Federal agency or State''. (4) Subsection (h) of section 6402 of such Code, as redesignated by subsection (a), is amended by striking ``subsection (c)'' and inserting ``subsection (c) or (e)''. (d) Effective Date.--The amendments made by this section shall apply to refunds payable under section 6402 of the Internal Revenue Code of 1986 after December 31, 1994.

Amends the Internal Revenue Code to allow the reduction of any tax credit or refund to pay past-due, legally enforceable State tax obligations. Provides for the disclosure of information to States requesting such a reduction.

To amend the Internal Revenue Code of 1986 to provide that the amount of an overpayment otherwise payable to any person shall be reduced by the amount of past-due, legally enforceable State tax obligations of such person.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Training for Realtime Writers Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) As directed by Congress in section 723 of the Communications Act of 1934 (47 U.S.C. 613), as added by section 305 of the Telecommunications Act of 1996 (Public Law 104-104; 110 Stat. 126), the Federal Communications Commission adopted rules requiring closed captioning of most television programming, which gradually require new video programming to be fully captioned beginning in 2006. (2) More than 28,000,000 Americans, or 8 percent of the population, are considered deaf or hard of hearing and many require captioning services to participate in mainstream activities. (3) More than 24,000 children are born in the United States each year with some form of hearing loss. (4) According to the United States Department of Health and Human Services and a study done by the National Council on Aging-- (A) 25 percent of Americans over 65 years old are hearing impaired; (B) 33 percent of Americans over 70 years old are hearing impaired; and (C) 41 percent of Americans over 75 years old are hearing impaired. (5) The National Council on Aging study also found that depression in older adults may be directly related to hearing loss and disconnection with the spoken word. (6) Over the past 5 years, student enrollment in programs that train court reporters to become realtime writers has decreased significantly, causing such programs to close on many campuses. SEC. 3. AUTHORIZATION OF GRANT PROGRAM TO PROMOTE TRAINING AND JOB PLACEMENT OF REALTIME WRITERS. (a) In General.--The National Telecommunications and Information Administration shall make grants to not more than 20 eligible entities under subsection (b) to promote training and placement of individuals, including individuals who have completed a court reporting training program, as realtime writers in order to meet the requirements for closed captioning of video programming set forth in section 723 of the Communications Act of 1934 (47 U.S.C. 613) and the rules prescribed thereunder. (b) Eligible Entities.--For purposes of this Act, an eligible entity is a court reporting program that is-- (1) approved by the National Court Reporters Association; (2) accredited by an accrediting agency recognized by the Department of Education; and (3) participating in student aid programs under title IV of the Higher Education Act of 1965. (c) Duration of Grant.--A grant under this section shall be for a period of two years. (d) Maximum Amount of Grant.--The amount of a grant provided under subsection (a) to an entity eligible may not exceed $1,000,000 for the two-year period of the grant under subsection (c). SEC. 4. APPLICATION. (a) In General.--To receive a grant under section 3, an eligible entity shall submit an application to the National Telecommunications and Information Administration at such time and in such manner as the Administration may require. The application shall contain the information set forth under subsection (b). (b) Information.--Information in the application of an eligible entity under subsection (a) for a grant under section 3 shall include the following: (1) A description of the training and assistance to be funded using the grant amount, including how such training and assistance will increase the number of realtime writers. (2) A description of performance measures to be utilized to evaluate the progress of individuals receiving such training and assistance in matters relating to enrollment, completion of training, and job placement and retention. (3) A description of the manner in which the eligible entity will ensure that recipients of scholarships, if any, funded by the grant will be employed and retained as realtime writers. (4) A description of the manner in which the eligible entity intends to continue providing the training and assistance to be funded by the grant after the end of the grant period, including any partnerships or arrangements established for that purpose. (5) A description of how the eligible entity will work with local workforce investment boards to ensure that training and assistance to be funded with the grant will further local workforce goals, including the creation of educational opportunities for individuals who are from economically disadvantaged backgrounds or are displaced workers. (6) Such other information as the Administration may require. SEC. 5. USE OF FUNDS. (a) In General.--An eligible entity receiving a grant under section 3 shall use the grant amount for purposes relating to the recruitment, training and assistance, and job placement of individuals, including individuals who have completed a court reporting training program, as realtime writers, including-- (1) recruitment; (2) subject to subsection (b), the provision of scholarships; (3) distance learning; (4) education and training; (5) job placement assistance; (6) encouragement of individuals with disabilities to pursue a career in realtime writing; and (7) the employment and payment of personnel for such purposes. (b) Scholarships.-- (1) Amount.--The amount of a scholarship under subsection (a)(2) shall be based on the amount of need of the recipient of the scholarship for financial assistance, as determined in accordance with part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk). (2) Agreement.--Each recipient of a scholarship under subsection (a)(2) shall enter into an agreement with the National Telecommunications and Information Administration to provide realtime writing services for a period of time (as determined by the Administration) that is appropriate (as so determined) for the amount of the scholarship received. (3) Coursework and employment.--The Administration shall establish requirements for coursework and employment for recipients of scholarships under subsection (a)(2), including requirements for repayment of scholarship amounts in the event of failure to meet such requirements for coursework and employment. Requirements for repayment of scholarship amounts shall take into account the effect of economic conditions on the capacity of scholarship recipients to find work as realtime writers. (c) Administrative Costs.--The recipient of a grant under section 3 may not use more than 5 percent of the grant amount to pay administrative costs associated with activities funded by the grant. (d) Supplement Not Supplant.--Grants amounts under this Act shall supplement and not supplant other Federal or non-Federal funds of the grant recipient for purposes of promoting the training and placement of individuals as realtime writers SEC. 6. REPORTS. (a) Annual Reports.--Each eligible entity receiving a grant under section 3 shall submit to the National Telecommunications and Information Administration, at the end of each year of the grant period, a report on the activities of such entity with respect to the use of grant amounts during such year. (b) Report Information.-- (1) In general.--Each report of an entity for a year under subsection (a) shall include a description of the use of grant amounts by the entity during such year, including an assessment by the entity of the effectiveness of activities carried out using such funds in increasing the number of realtime writers. The assessment shall utilize the performance measures submitted by the entity in the application for the grant under section 4(b). (2) Final report.--The final report of an entity on a grant under subsection (a) shall include a description of the best practices identified by the entity as a result of the grant for increasing the number of individuals who are trained, employed, and retained in employment as realtime writers. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act, amounts as follows: (1) $15,000,000 for each of fiscal years 2003, 2004, and 2005. (2) Such sums as may be necessary for each of fiscal years 2006 and 2007.

Training for Realtime Writers Act of 2002 - Directs the National Telecommunications and Information Administration to make grants to up to 20 eligible entities to promote training and placement of individuals, including individuals who have completed a court reporting training program, as realtime writers providing closed captioning in video programming. Limits grants to a two-year period and a maximum amount of $1 million.

A bill to provide grants for training court reporters and closed captioners to meet requirements for realtime writers under the Telecommunications Act of 1996, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Older Americans Sustainable Mobility Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) The population of the United States is aging in greater numbers than ever before in the Nation's history. (2) Dignified and sustainable mobility is essential for the health, safety, and quality of life of older individuals, their families, their communities, and the Nation. (3) Older individuals who rely on the private automobile for transportation need an acceptable alternative to driving so they may safely transition from driving without unduly compromising their independence, quality of life, and activity in the community. (4) Many older individuals have special, age-related conditions, such as dementia and frailty, that special transportation alternatives must effectively address. (5) Many older individuals live in rural and suburban areas that lack the density for traditional mass transit, and more than half of all people age 65 or older live in communities with no public transportation. (6) The cost of addressing the transportation needs of older individuals is outstripping the public resources available, and that cost will only increase in the next 30 years as the Nation's population ages. (7) Programs that provide increased mobility for older individuals will promote economic growth and development by moderating health care expenses, supporting family caregivers, promoting volunteerism, fostering civic engagement, and enriching community well-being through the participation of the Nation's most experienced citizens. (8) Models exist by which private nonprofit organizations can provide economically sustainable, consumer-oriented senior transportation alternatives, that address the transportation needs of older individuals. (9) Those models can be used to supplement, but not displace, public transportation, and can also be successfully replicated in communities where public transportation is unavailable. (10) It is appropriate for the Federal Government to accelerate the availability of transportation alternatives for older individuals through those models, and to test the viability of constructing a nationwide network based on them. SEC. 3. PURPOSE. The purpose of this Act is to establish a demonstration project to develop a national network of economically sustainable transportation providers and qualified transportation providers, to provide transportation services to older individuals, and individuals who are blind, in urban, suburban, and rural settings. SEC. 4. DEFINITIONS. In this Act: (1) Economically sustainable transportation provider.--The term ``economically sustainable transportation provider'' means a nonprofit provider of transportation services that-- (A) submits to the Secretary and obtains approval of a plan demonstrating that the provider is capable of providing economically sustainable transportation services through the National Network; (B) on receiving a grant under section 6, connects to the National Network and provides economically sustainable transportation services through the National Network in accordance with this Act; and (C) on receiving a grant under section 7, provides economically sustainable transportation services through the National Network in accordance with this Act. (2) Economically sustainable transportation services.--The term ``economically sustainable transportation services'' means demand-responsive transportation services that are provided-- (A) by automobile; (B) to qualified individuals and qualified passengers; (C) 24 hours a day, 7 days a week; (D) by a combination of volunteer and paid drivers; and (E)(i) for a period of not more than 5 fiscal years by a provider who is receiving Federal financial assistance under this Act; and (ii) after such period, by that provider without receiving Federal or other public financial assistance for the services. (3) National network.--The term ``National Network'' means a network of economically sustainable transportation providers and qualified transportation providers that provides transportation services to qualified individuals and qualified passengers. (4) Qualified individual.--The term ``qualified individual'' means an individual who is-- (A) an older individual, as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002); or (B) an individual who is blind, within the meaning of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), an individual who has significant visual impairment described in section 751 of the Rehabilitation Act of 1973 (29 U.S.C. 796j), or an individual who is eligible for benefits under title II or XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.) on the basis of blindness. (5) Qualified passenger.--The term ``qualified passenger'' means an individual who is authorized by a qualified individual to receive transportation services paid for in part or in whole through the qualified transportation account of the qualified individual. (6) Qualified transportation account.--The term ``qualified transportation account'' means an account established for a qualified individual for the purpose of acquiring transportation services from an economically sustainable transportation provider or a qualified transportation provider. (7) Qualified transportation provider.--The term ``qualified transportation provider'' means a nonprofit, public, or licensed private transportation provider that-- (A) submits to the Secretary and obtains approval of a plan demonstrating that the provider is capable of providing transportation services through the National Network; and (B) on receiving a grant under section 6, connects to the National Network and provides transportation services through the National Network in accordance with this Act. (8) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Assistant Secretary for Aging. (9) Transportation services.--The term ``transportation services'' means transportation of a passenger or a group of passengers, along with the incidental goods or luggage of a passenger described in this paragraph. SEC. 5. DEMONSTRATION PROJECT. (a) Establishment.--The Secretary shall establish and carry out a demonstration project to enable qualified individuals and qualified passengers to obtain economically sustainable transportation services from economically sustainable transportation providers and transportation services from qualified transportation providers. (b) Contract or Agreement.--In carrying out the demonstration project, the Secretary shall enter into a contract or a cooperative agreement with an eligible entity to provide recommendations to the Secretary on appropriate requirements and other provisions for, and administration of, the demonstration project. (c) Eligible Entity.--To be eligible to enter into a contract or agreement under subsection (b), an organization shall be a private nonprofit organization with experience in replicating models for economically sustainable transportation services. (d) Activities.--An entity that enters into a contract or agreement under this section shall-- (1) provide technical assistance and support to the Secretary for the administration of the demonstration project; (2) provide recommendations to the Secretary about the establishment of, and requirements for, the National Network, including requirements concerning locations where transportation services will be provided through the network; (3) provide recommendations to the Secretary for provisions for the establishment of qualified transportation accounts for the transportation services, including provisions that such an account-- (A) may be funded with credits or funds equal to the value of a vehicle traded to an economically sustainable transportation provider by, or on behalf of, a qualified individual, or by other means; (B) shall be used only to provide transportation services to the qualified individual or a qualified passenger of the qualified individual; (C) shall have a designated beneficiary; and (D) shall be transferable to an individual other than the qualified individual; (4) provide recommendations to the Secretary for provisions for the use of the qualified transportation accounts, including the manner in which-- (A) an economically sustainable transportation provider or a qualified transportation provider may debit such an account in exchange for providing transportation services to a qualified individual or qualified passenger; (B) the account may be terminated; and (C) the credits or funds in the account may be exchanged or withdrawn; (5) provide recommendations to the Secretary regarding requirements for, and the administration of, the national network connection grant program described in section 6; and (6) provide recommendations to the Secretary regarding requirements for, and the administration of, the matching grant program described in section 7. (e) Provisions.--After receiving the recommendations described in subsection (d), the Secretary shall establish the requirements and other provisions described in subsection (d). (f) Copyrights and Trademarks.--Nothing in this Act shall affect the rights of the eligible entity under the copyright or trademark laws of the United States. Nothing in this Act shall require the disclosure of information to which Federal law relating to trade secrets (including section 552(b)(4) of title 5, United States Code) applies. In entering into a contract or cooperative agreement under this section, the Secretary shall not establish any conditions that affect such rights or require such disclosure. (g) Incentive for Vehicles Traded to Economically Sustainable Transportation Providers.--For purposes of the Internal Revenue Code of 1986, there shall be allowed as a credit against income tax of any qualified individual under chapter 1 of such Code for any taxable year, an amount equal to 30 percent of the value of transportation services allocated to a qualified transportation account of such qualified individual in exchange for the transfer of any motor vehicle by such qualified individual to an economically sustainable transportation provider during such taxable year. Such credit shall be treated as a credit under subpart A of part IV of subchapter A of such chapter. SEC. 6. NATIONAL NETWORK CONNECTION GRANT PROGRAM. (a) Grants.--In carrying out the demonstration project, the Secretary shall make grants to economically sustainable transportation providers and qualified transportation providers to pay for the Federal share of the costs of acquiring and using technology to connect to the National Network. (b) Amount.--The Secretary shall make a grant under this section in an amount of not more than $25,000. (c) Application.--To be eligible to receive a grant under this section, a provider shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Federal Share.--The Federal share of the costs described in subsection (a) shall be 50 percent. The provider shall provide the non- Federal share of the costs in cash or in kind, fairly evaluated, including plant, equipment, or services, except that not more than 10 percent of the costs may be provided in kind. SEC. 7. MATCHING GRANT PROGRAM. (a) Grants.--In carrying out the demonstration project, the Secretary shall make grants to economically sustainable transportation providers to pay for the Federal share of the costs of participating in, and providing economically sustainable transportation services through, the National Network (other than the costs described in section 6(a)). (b) Application.--To be eligible to receive a grant under this section, a provider shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (c) Federal Share.--The Federal share of the costs described in subsection (a) shall be 50 percent. The provider shall provide the non- Federal share of the costs in cash or in kind, fairly evaluated, including plant, equipment, or services, except that not more than 10 percent of the costs may be provided in kind. The non-Federal share of the costs provided in cash shall be provided through passenger fares, including fares from qualified transportation accounts, and public funds or private contributions from the community in which the provider is located. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $25,000,000 for the period of fiscal years 2007 through 2011. SEC. 9. TERMINATION. This Act ceases to be effective 5 years after the date of enactment of this Act.

Older Americans Sustainable Mobility Act of 2006 - Requires the Secretary of Health and Human Services, acting through the Assistant Secretary for Aging, to establish a demonstration project to enable qualified persons (specified older, blind, or visually impaired individuals and qualified passengers) to obtain: (1) economically sustainable transportation services (demand-responsive transportation services by automobile by a combination of volunteer and paid drivers) from economically sustainable transportation providers (nonprofit transportation providers that receive funding to connect to, and provide economically sustainable services through, a national network of transportation providers); and (2) transportation services from qualified transportation providers (nonprofit, public, or licensed private transportation providers that connect to and provide transportation through such network). Allows an income tax credit for 30% of the value of transportation services allocated to a transportation account of a qualified individual in exchange for the transfer of a motor vehicle to an economically sustainable transportation provider. Directs the Secretary to make grants to such transportation providers to pay for the federal share of the costs of acquiring and using technology to connect to the national network and the costs of participating in, and providing economically sustainable transportation services through, the network.

A bill to establish a demonstration project to develop a national network of economically sustainable transportation providers and qualified transportation providers, to provide transportation services to older individuals, and individuals who are blind, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Records Privacy Protection Act of 1993''. SEC. 2. WRONGFUL DISCLOSURE OF INFORMATION CONTAINED IN PRESCRIPTION DRUG RECORDS. (a) In General.--Chapter 121 of title 18, United States Code, is amended-- (1) by redesignating section 2711 as section 2712; and (2) by inserting after section 2710 the following new section: ``Sec. 2711. Wrongful disclosure of information contained in prescription drug records ``(a) In General.--Subject to subsection (b), a retailer, physician, or administrator of a health benefit plan who knowingly discloses, to any person, personally identifiable information contained in a prescription drug record of an individual shall be liable to such individual for the relief provided in subsection (c). ``(b) Exceptions.-- ``(1) In general.--A retailer, physician, or administrator of a health benefit plan may disclose personally identifiable information contained in a prescription drug record of an individual-- ``(A) to the individual; ``(B) to any person, with the informed, written consent of the individual given at the time the disclosure is sought; ``(C) to a law enforcement agency pursuant to a warrant issued under the Federal Rules of Criminal Procedure, an equivalent State warrant, a grand jury subpoena, or a court order; ``(D) to a law enforcement agency or a health care agency for the purpose of addressing illegal drug diversion or improving prescribing practices; ``(E) pursuant to a court order, in a civil proceeding upon a showing of compelling need for the information that cannot be accommodated by any other means, if-- ``(i) the individual is given reasonable notice, by the person seeking the disclosure, of the court proceeding relevant to the issuance of the court order; and ``(ii) the individual is afforded the opportunity to appear and contest the claim of the person seeking the disclosure; or ``(F) to any person involved in the administration and review of health care services provided to the individual. ``(2) Additional safeguards.-- ``(A) Order issued under paragraph (1)(c) or (1)(e).--If an order is granted pursuant to paragraph (1)(C) or (1)(E), the court shall impose appropriate safeguards against unauthorized disclosure. ``(B) Court order issued under paragraph (1)(c).-- Court orders authorizing disclosure under paragraph (1)(C) shall issue only with prior notice to the individual and only if the law enforcement agency shows that there is probable cause to believe that the records or other information sought are relevant to a legitimate law enforcement inquiry. In the case of a State government authority, such a court order shall not issue if prohibited by the law of such State. A court issuing an order pursuant to this section, on a motion made promptly by a retailer, physician, or administrator of a health benefit plan, may quash or modify such order if the information or records requested are unreasonably voluminous in nature or if compliance with such order otherwise would cause an unreasonable burden on such retailer, physician, or administrator of a health benefit plan. ``(c) Civil Action.-- ``(1) In general.--Any individual aggrieved by any act of an individual in violation of subsection (a) may bring a civil action in a district court of the United States. ``(2) Damages.--The court may award-- ``(A) actual damages; ``(B) punitive damages; ``(C) reasonable attorneys' fees and other litigation costs reasonably incurred; and ``(D) such other preliminary and equitable relief as the court determines to be appropriate. ``(3) Limitation.--No action may be brought under paragraph (1) unless such action is begun within 2 years from the date of the act complained of or the date of discovery of such act. ``(d) Definitions.--For purposes of this section, the following definitions apply: ``(1) Health benefit plan.--The term `health benefit plan' means an employee welfare benefit plan providing medical care to participants or beneficiaries directly or through insurance, reimbursement, or any other hospital or medical expense incurred policy or certificate, hospital or medical service plan contract, or health maintenance subscriber contract. ``(2) Personally identifiable information.--The term `personally identifiable information' means information relating to the diagnosis or treatment of any illness, disability, injury, or condition of an individual which discloses the identity of such individual. ``(3) Retailer.--The term `retailer' means an individual licensed by a State as a pharmacist to compound, dispense, or sell any drug, chemical, poison, or pharmaceutical preparation upon the prescription of a physician, and or one who is engaged in the business, in or affecting interstate or foreign commerce, of providing pharmaceutical products and services. Such term includes an individual providing such services at a hospital. ``(4) Physician.--The term `physician' means an individual licensed by a State as a doctor of medicine, osteopathy, podiatry, dental surgery, or medical dentistry to practice medicine and surgery or dentistry, and who is engaged in the business, in or affecting interstate or foreign commerce, of providing health care services. ``(5) Prescription drug.--The term `prescription drug' means a drug (as defined in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act) (21 U.S.C. 321(g)(1)) which is subject to regulation under section 503(b) of such Act.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 121 of title 18, United States Code, is amended-- (1) in the item relating to section 2711, by striking ``2711'' and inserting ``2712''; and (2) by inserting after the item relating to 2710 the following new item: ``2711. Wrongful disclosure of information contained in prescription drug records.''. (c) Effective Date.--The amendments made by this Act shall take effect on the 180th day following the date of the enactment of this Act.

Prescription Drug Records Privacy Protection Act of 1993 - Amends the Federal criminal code to make any retailer of pharmaceutical products or services, physician, or administrator of a health benefit plan who knowingly discloses personally identifiable information contained in a prescription drug record of an individual liable to such individual. Makes exceptions with respect to any such disclosures: (1) to the individual; (2) with the informed, written consent of the individual; (3) to a law enforcement agency (LEA) pursuant to a warrant, a grand jury subpoena, or a court order; (4) to an LEA or health care agency for the purpose of addressing illegal drug diversion or improving prescribing practices; (5) pursuant to a court order in a civil proceeding upon a showing of compelling need for the information that cannot be accommodated by any other means, subject to specified conditions; and (6) to any person involved in the administration and review of health care services provided to the individual. Sets forth provisions regarding safeguards against unauthorized disclosure where court orders are granted. Permits persons aggrieved by any act of an individual in violation of this Act to bring a civil action in a U.S. district court for actual and punitive damages, costs, and other preliminary and equitable relief, subject to specified limitations.

Prescription Drug Records Privacy Protection Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Trade Reform Act of 1996''. SEC. 2. DEFINITION OF DOMESTIC INDUSTRY, ETC. (a) Domestic Industry.-- (1) In general.--Section 202(c)(6)(A)(i) of the Trade Act of 1974 (19 U.S.C. 2252(c)(6)(A)(i) is amended to read as follows: ``(A)(i) The term `domestic industry' means, with respect to an article-- ``(I) the producers as a whole of the like or directly competitive article or those producers whose collective production of the like or directly competitive article constitutes a major proportion of the total domestic production of such article, or ``(II) the producers of a like or directly competitive perishable agricultural product, citrus product, or potato product, in a specific geographic area of the United States whose collective production in such area of such article constitutes a significant proportion of the total domestic production of such article.''. (2) Determination by commission.--Section 202(c)(4) of such Act (19 U.S.C. 2252(c)(4)) is amended-- (A) by striking ``and'' at the end of subparagraph (B), (B) by striking the period at the end of subparagraph (C) and inserting ``; and'', and (C) by adding at the end the following new subparagraph: ``(D) may-- ``(i) in the case of one or more domestic producers-- ``(I) who produce a like or directly competitive perishable agricultural product, citrus product, or potato product in a specific geographic area of the United States, ``(II) whose production of the product in such area constitutes a significant portion of the domestic industry in the United States, and ``(III) who primarily serve the market in such area, and ``(ii) if there are substantial imports of a like or directly competitive product in such area, treat as such domestic industry only that portion of the production of the product located in such area.''. (b) Specific Geographic Area of the United States, Etc.--Section 202(c)(6) of such Act (19 U.S.C. 2252(c)(6)) is amended by adding at the end the following new subparagraphs: ``(E) The term `specific geographic area of the United States' means a discrete and distinguishable geographic area in the United States in which a perishable agricultural product, citrus product, or potato product is produced. ``(F) The term `significant portion of the domestic industry in the United States' means an important, recognizable part of the domestic industry, including a part of the industry characterized by production in the same growing season.''. SEC. 3. PROVISIONAL RELIEF. (a) In General.--Section 202(d)(1)(C) of the Trade Act of 1974 (19 U.S.C. 2252(d)(1)(C)) is amended to read as follows: ``(C)(i) If-- ``(I) a petition filed under subsection (a)-- ``(aa) alleges injury from imports of a perishable agricultural product, citrus product, or potato product that has been, on the date the allegation is included in the petition, subject to monitoring by the Commission under subparagraph (B) for not less than 90 days; and (bb) requests that provisional relief be provided under this subsection with respect to such imports; or ``(II) a request made by the President or the Trade Representative, or a resolution adopted by either the Committee on Ways and Means or the Committee on Finance, under subsection (b), states that provisional relief provided under this subsection with respect to such imports may be necessary to prevent or remedy serious injury, or the threat thereof, to the domestic industry the Commission shall, not later than the 21st day after the day on which the request was filed, make a determination described in clause (ii), on the basis of available information. ``(ii) The determination described in this clause is a determination by the Commission whether increased imports (either actual or relative to domestic production) of the perishable agricultural product, citrus product, or potato product are a substantial cause of serious injury, or the threat thereof, to the domestic industry producing a like or directly competitive perishable agricultural product, citrus product, or potato product and whether either-- ``(I) the serious injury is likely to be difficult to repair by reason of perishability of the like or directly competitive agricultural product; or ``(II) the serious injury cannot be timely prevented through investigation under subsection (b) and action under section 203.''. (b) Special Rules for Considering Certain Requests.--Section 202(d)(1) of such Act (19 U.S.C. 2252(d)(1)) is amended by adding at the end the following new subparagraph: ``(H) In considering a petition filed under subsection (a) or a request or resolution described in subsection (b), the Commission may waive the 90-day monitoring requirement in subparagraph (C)(i)(I)(aa), if-- ``(i) there is a reasonable expectation, based on all available evidence, including significant increases in production or production capacity for the product occurring in the country from which the like or directly competitive product is imported in the year preceding such petition, request, or resolution, that the product will be imported from that country in the current year in such quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing a like or directly competitive product; and ``(ii) the quantities of imports of the like or directly competitive product from that country reported for the 1-month period preceding the date of such petition, request, or resolution are consistent with such expectation.''. (c) Conforming Amendments.-- (1) Section 202(a)(2)(B)(i) of such Act (19 U.S.C. 2252(a)(2)(B)(i)) is amended by striking ``subsection (d)(1)(C)(i)'' and inserting ``subsection (d)(1)(C)(i)(I)(aa)''. (2) Section 202(d)(1)(A) of such Act (19 U.S.C. 2252(d)(1)(A)) is amended by striking ``perishable agricultural product or citrus product'' each place it appears and inserting ``perishable agricultural product, citrus product, or potato product''. (3) Section 202(d)(5) of such Act (19 U.S.C. 2252(d)(5)) is amended by adding at the end the following new subparagraph: ``(D) The term `potato product' means any potato product including any processed potato product.''.

Agricultural Trade Reform Act of 1996 - Amends the Trade Act of 1974 to include within the definition of "domestic industry" the producers of a like or directly competitive perishable agricultural, citrus, or potato product, in a specific geographic area of the United States whose collective production of such article constitutes a significant proportion of its total domestic production. Authorizes the International Trade Commission (ITC) to treat as a domestic industry only that portion of the production of such products located in such geographic area. Amends provisional relief guidelines to require the ITC to expedite its determination procedure upon request by either the President or the U.S. Trade Representative (or a resolution adopted by either of two specified congressional committees), stating that provisional relief may be necessary to prevent or remedy actual or threatened serious injury to the domestic industry. Cites conditions under which the ITC may waive the 90-day monitoring requirement.

Agricultural Trade Reform Act of 1996

SECTION 1. REDUCTION LIMITATION AMOUNT FOR MULTICANDIDATE POLITICAL COMMITTEE CONTRIBUTIONS TO CANDIDATES. Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is amended by striking out ``$5,000'' and inserting in lieu thereof ``$2,500''. SEC. 2. PERCENTAGE LIMITATION ON CONTRIBUTIONS FROM MULTICANDIDATE POLITICAL COMMITTEES. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i) A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not, with respect to a reporting period for an election, accept contributions from multicandidate political committees totaling in excess of 50 percent of all contributions accepted by the candidate with respect to the reporting period.''. SEC. 3. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN IN-STATE RESIDENTS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by section 2, is further amended by adding at the end the following new subsection: ``(j)(1) A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not, with respect to a reporting period for an election, accept contributions from persons other than in-State residents totaling in excess of 50 percent of all contributions accepted by the candidate with respect to the reporting period. ``(2) As used in this subsection, the term `in-State resident' means a resident of the State in which the congressional district involved is located.''. SEC. 4. ELIMINATION OF LIMITATIONS ON CONTRIBUTIONS TO CANDIDATES WHOSE OPPONENTS USE LARGE AMOUNTS OF PERSONAL FUNDS. (a) In General.--Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by sections 2 and 3, is further amended by adding at the end the following new subsection: ``(k) Each candidate in an election for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress shall declare by September 1 of an election year if it is the intention of the candidate to make expenditures of $100,000 or more from the personal funds of the candidate. If a candidate declares or makes expenditures of $100,000 or more from personal funds, then, with respect to any opponent of the candidate who so uses personal funds and the candidate who so uses personal funds, the limitation under subsection (a)(2)(A) shall be deemed to be $5,000 and the limitations under subsections (i) and (j) shall not apply.''. (b) Notification.--Section 304(a)(6) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(6)) is amended by adding at the end the following new subparagraph: ``(C)(i) If expenditures of personal funds aggregate a total of $100,000 or more, the principal campaign committee of a candidate shall notify the Commission in writing by telegram, facsimile, or other written electronic means. ``(ii) The notification requirement under clause (i) shall be made not later than 24 hours after the expenditure is made. ``(iii) The Commission shall notify all other candidates of the expenditure immediately upon receipt of notification under clause (i).''. SEC. 5. PROHIBITION OF LEADERSHIP COMMITTEES; RESTRICTION ON CONTRIBUTIONS BETWEEN PRINCIPAL CAMPAIGN COMMITTEES. (a) Leadership Committee Prohibition.--Section 302 of the Federal Election Campaign Act of 1971 (2 U.S.C. 432) is amended by adding at the end the following new subsection: ``(j) A candidate for Federal office may not establish, maintain, finance, or control a political committee, other than the principal campaign committee of the candidate.''. (b) Principal Campaign Committee Restriction.--Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by sections 2, 3, and 4, is further amended by adding at the end the following new subsection: ``(l) A principal campaign committee of a candidate for Federal office may not make any contribution to any other principal campaign committee (other than the principal campaign committee of the same individual as a candidate for another Federal office).''. SEC. 6. CONTRIBUTIONS THROUGH INTERMEDIARIES AND CONDUITS. Section 315(a)(8) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(8)) is amended to read as follows: ``(8) For the purposes of this subsection: ``(A) Contributions made by a person, either directly or indirectly, to or on behalf of a particular candidate, including contributions that are in any way earmarked or otherwise directed through an intermediary or conduit to a candidate, shall be treated as contributions from the person to the candidate. ``(B) Contributions made directly or indirectly by a person to or on behalf of a particular candidate through an intermediary or conduit, including contributions made or arranged to be made by an intermediary or conduit, shall be treated as contributions from the intermediary or conduit to the candidate if-- ``(i) the contributions made through the intermediary or conduit are in the form of a check or other negotiable instrument made payable to the intermediary or conduit rather than the intended recipient; or ``(ii) the intermediary or conduit is-- ``(I) a political committee; ``(II) an officer, employee, or agent of such a political committee; ``(III) a political party; ``(IV) a partnership or sole proprietorship; ``(V) a person who is required to register or to report its lobbying activities, or a lobbyist whose activities are required to be reported, under section 308 of the Federal Regulation of Lobbying Act (2 U.S.C. 267), the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.), or any successor Federal law requiring a person who is a lobbyist or foreign agent to register or a person to report its lobbying activities; or ``(VI) an organization prohibited from making contributions under section 316, or an officer, employee, or agent of such an organization acting on the organization's behalf. ``(C)(i) The term `intermediary or conduit' does not include-- ``(I) a candidate or representative of a candidate receiving contributions to the candidate's principal campaign committee or authorized committee; ``(II) a professional fundraiser compensated for fundraising services at the usual and customary rate, but only if the individual is not described in subparagraph (B)(ii); ``(III) a volunteer hosting a fundraising event at the volunteer's home, in accordance with section 301(8)(B), but only if the individual is not described in subparagraph (B)(ii); or ``(IV) an individual who transmits a contribution from the individual's spouse. ``(ii) The term `representative' means an individual who is expressly authorized by the candidate to engage in fundraising, and who occupies a significant position within the candidate's campaign organization, provided that the individual is not described in subparagraph (B)(ii). ``(iii) The term `contributions made or arranged to be made' includes-- ``(I) contributions delivered to a particular candidate or the candidate's authorized committee or agent; and ``(II) contributions directly or indirectly arranged to be made to a particular candidate or the candidate's authorized committee or agent, in a manner that identifies directly or indirectly to the candidate or authorized committee or agent the person who arranged the making of the contributions or the person on whose behalf such person was acting. Such term does not include contributions made, or arranged to be made, by reason of an oral or written communication by a candidate for Federal office or Federal officeholder expressly advocating the nomination for election, or election, of any other candidate for Federal office and encouraging the making of a contribution to such other candidate. ``(iv) The term `acting on the organization's behalf' includes the following activities by an officer, employee or agent of a person described in subparagraph (B)(ii)(VI): ``(I) Soliciting or directly or indirectly arranging the making of a contribution to a particular candidate in the name of, or by using the name of, such a person. ``(II) Soliciting or directly or indirectly arranging the making of a contribution to a particular candidate using other than incidental resources of such a person. ``(III) Soliciting contributions for a particular candidate by substantially directing the solicitations to other officers, employees, or agents of such a person. ``(D) Nothing in this paragraph shall prohibit-- ``(i) bona fide joint fundraising efforts conducted solely for the purpose of sponsorship of a fundraising reception, dinner, or other similar event, in accordance with rules prescribed by the Commission, by-- ``(I) 2 or more candidates; ``(II) 2 or more national, State, or local committees of a political party within the meaning of section 301(4) acting on their own behalf; or ``(III) a special committee formed by 2 or more candidates, or a candidate and a national, State, or local committee of a political party acting on their own behalf; or ``(ii) fundraising efforts for the benefit of a candidate that are conducted by another candidate. When a contribution is made to a candidate through an intermediary or conduit, the intermediary or conduit shall report the original source and the intended recipient of the contribution to the Commission and to the intended recipient.''.

Amends the Federal Election Campaign Act of 1971 to reduce permitted contribution amounts to Federal candidates by multicandidate political committees. (Sec. 2) Prohibits a House of Representatives candidate from accepting contributions from a multicandidate political committee in excess of 50 percent of all contributions accepted by such candidate during a reporting period. (Sec. 3) Limits contributions which a House of Representatives candidate may accept from other than in-State residents. (Sec. 4) Removes contribution limitations for congressional candidates whose opponents intend to spend or spend $100,000 or more from personal sources. (Sec. 5) Prohibits leadership committees. (Sec. 6) Revises contribution through intermediary provisions.

To amend the Federal Election Campaign Act of 1971 to provide for a reduction in the limitation amount for multicandidate political committee contributions to candidates, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Notification of Origin of Telecommunications and Internet Consumer Exchanges Act of 2010'' or the ``NOTICE Act of 2010''. SEC. 2. DEFINITIONS. In this Act: (1) Business entity.--The term ``business entity'' means any organization, corporation, trust, partnership, sole proprietorship, unincorporated association, or venture established to make a profit, in whole or in part, by purposefully availing itself of the privilege of conducting commerce in the United States. (2) Commerce.--The term ``commerce'' has the meaning given the term in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)). (3) Consumer.--The term ``consumer'' means any individual within the territorial jurisdiction of the United States who purchases, transacts, or contracts for the purchase or transaction of any goods, merchandise, or services, not for resale in the ordinary course of the individual's trade or business, but for the individual's use or that of a member of the individual's household. (4) Customer service communication.--The term ``customer service communication'' means any telecommunication or wire communication between a consumer and a business entity in furtherance of commerce. (5) Telecommunication.--The term ``telecommunication'' means the transmission, between or among points specified by the communicator, of information of the communicator's choosing, without change in the form or content of the information as sent and received. (6) Wire communication.--The term ``wire communication'' or ``communication by wire'' means the transmission of writing, signs, signals, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such transmission, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission. SEC. 3. REQUIRED DISCLOSURE BY BUSINESS ENTITIES ENGAGED IN CUSTOMER SERVICE COMMUNICATIONS OF PHYSICAL LOCATION. (a) In General.--Except as provided in subsection (b), a business entity that either initiates or receives a customer service communication shall require that each of its employees or agents participating in the communication disclose their physical location at the beginning of each customer service communication so initiated or received. (b) Exceptions.-- (1) Business entities located in the united states.--The requirements of subsection (a) shall not apply to a customer service communication involving a business entity if all of the employees or agents of the business entity participating in such communication are physically located in the United States. (2) Communication initiated by consumer knowingly to foreign entity or address.--The requirements of subsection (a) shall not apply to an employee or agent of a business entity participating in a customer service communication with a consumer if-- (A) the customer service communication was initiated by the consumer; (B) the employee or agent is physically located outside the United States; and (C) the consumer knows or reasonably should know that the employee or agent is physically located outside the United States. (3) Emergency services.--The requirements of subsection (a) shall not apply to a customer service communication relating to the provision of emergency services (as defined by the Federal Trade Commission). (4) Business entities and customer service communications excluded by federal trade commission.--The Federal Trade Commission may exclude certain classes or types of business entities or customer service communications from the requirements of subsection (a) if the Commission finds exceptionally compelling circumstances that justify such exclusion. (c) Certification Requirement.--Each year, each business entity that participates in a customer service communication shall certify to the Federal Trade Commission that it has complied or failed to comply with the requirements of subsection (a). (d) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall promulgate such regulations as may be necessary to carry out the provisions of this Act. (e) Effective Date.--The requirements of subsection (a) shall apply with respect to customer service communications occurring on or after the date that is 1 year after the date of the enactment of this Act. SEC. 4. ENFORCEMENT. (a) In General.--Any failure to comply with the provisions of section 3 shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (b) Powers of Federal Trade Commission.-- (1) In general.--The Federal Trade Commission shall prevent any person from violating this Act, and any regulation promulgated thereunder, 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. (2) Penalties.--Any person who violates regulations promulgated under this Act shall be 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, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made part of this Act. (c) Authority Preserved.--Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law.

Notification of Origin of Telecommunications and Internet Consumer Exchanges Act of 2010 or NOTICE Act of 2010 - Requires business entities that initiate or receive certain customer service communications to disclose their physical location if located outside the United States. Directs each such business entity to annually certify to the Federal Trade Commission (FTC) that it has complied or failed to comply with the disclosure. Treats such a business entity's failure to comply as a regulatory violation under the Federal Trade Commission Act (FTCA) regarding unfair or deceptive acts or practices. Requires FTC enforcement and subjects violators to penalties under the FTCA.

To require disclosure of the physical location of business agents engaging in customer service communications, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Partnership Benefits and Obligations Act of 1997''. SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL EMPLOYEES. (a) In General.--A domestic partner of an employee shall be entitled to benefits available to and obligations imposed upon a spouse of an employee. (b) Certification of Eligibility.--In order to obtain benefits under this Act, an employee shall file an affidavit of eligibility for benefits with the Office of Personnel Management certifying that the employee and the domestic partner of the employee-- (1) are each other's sole domestic partner and intend to remain so indefinitely; (2) have a common residence, and intend to continue the arrangement; (3) are at least 18 years of age and mentally competent to consent to contract; (4) share responsibility for a significant measure of each other's common welfare and financial obligations; (5) are not married to or domestic partners with anyone else; (6) understand that willful falsification of information within the affidavit may lead to disciplinary action and the recovery of the cost of benefits received related to such falsification; and (7)(A) are same sex domestic partners, and not related in a way that, if the 2 were of opposite sex, would prohibit legal marriage in the state in which they reside; or (B) are opposite sex domestic partners, and are not related in a way that would prohibit legal marriage in the state in which they reside. (c) Dissolution of Partnership.-- (1) In general.--An employee or domestic partner of an employee who obtains benefits under this Act shall file a statement of dissolution of the domestic partnership with the Office of Personnel Management not later than 30 days after the death of the employee or the domestic partner or the date of dissolution of the domestic partnership. (2) Death of employee.--In a case in which an employee dies, the domestic partner of the employee at the time of death shall be deemed a spouse of the employee for the purpose of receiving benefits under this Act. (3) Other dissolution of partnership.-- (A) In general.--In a case in which a domestic partnership dissolves by a method other than death of the employee or domestic partner of the employee, any benefits received by the domestic partner as a result of this Act shall terminate. (B) Exception.--In a case in which a domestic partnership dissolves by a method other than death of the employee or domestic partner of the employee, any health benefits received by the domestic partner as a result of this Act shall continue for a period of 60 days after the date of the dissolution of the partnership. The domestic partner shall pay for such benefits in the same manner that a former spouse would pay for such benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985. (d) Confidentiality.--Any information submitted to the Office of Personnel Management under subsection (b) shall be used solely for the purpose of certifying an individual's eligibility for benefits under subsection (a). (e) Definitions.--For purposes of this Act: (1) Domestic partner.--The term ``domestic partner'' means an adult person living with, but not married to, another adult person in a committed, intimate relationship. (2) Benefits.--The term ``benefits'' means-- (A) Civil Service Retirement, as provided in title 5, chapter 83, of the United States Code; (B) Federal Employees' Retirement, as provided in title 5, chapter 84, of the United States Code; (C) life insurance, as provided in title 5, chapter 87, of the United States Code; (D) health insurance, as provided in title 5, chapter 89, of the United States Code; and (E) compensation for work injuries, as provided in title 5, chapter 81, of the United States Code. (3) Employee.-- (A) With respect to Civil Service Retirement, the term ``employee'' shall have the meaning given such term in section 8331(1) of title 5, United States Code. (B) With respect to Federal Employees' Retirement, the term ``employee'' shall have the meaning given such term in section 8401(11) of title 5, United States Code. (C) With respect to life insurance, the term ``employee'' shall have the meaning given such term in section 8701(a) of title 5, United States Code. (D) With respect to health insurance, the term ``employee'' shall have the meaning given such term in section 8901 of title 5, United States Code. (E) With respect to compensation for work injuries, the term ``employee'' shall have the meaning given such term in section 8101(1) of title 5, United States Code. (4) Obligations.--The term ``obligations'' means any duties or responsibilities that would be incurred by the spouse of an employee. SEC. 3. EXEMPTION FROM TAX FOR EMPLOYER-PROVIDED FRINGE BENEFITS TO DOMESTIC PARTNERS. Section 106 of the Internal Revenue Code of 1986 (relating to contributions by employer to accident and health plans) is amended by adding at the end the following new subsection: ``(d) Treatment of Domestic Partners.--The provisions of section 2 of the Domestic Partnership Benefits and Obligations Act of 1997 shall apply to employees and domestic partners of employees for purposes of this section and any other benefit which is not includible in the gross income of employees by reason of an express provision of this chapter.''

Domestic Partnership Benefits and Obligations Act of 1997 - Entitles domestic partners of Federal employees to benefits available to spouses of Federal employees.

Domestic Partnership Benefits and Obligations Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small and Rural Communities Wastewater Infrastructure Act''. SEC. 2. PUBLICLY OWNED TREATMENT WORKS SERVING SMALL AND DISADVANTAGED COMMUNITIES. Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) is amended-- (1) by redesignating section 607 as section 608; and (2) by inserting after section 606 the following: ``SEC. 607. PUBLICLY OWNED TREATMENT WORKS SERVING SMALL AND DISADVANTAGED COMMUNITIES. ``(a) Allocation of Funds for Small Treatment Works.-- ``(1) In general.--Of the funds received by a State in capitalization grants under this title for a fiscal year-- ``(A) not less than 5 percent shall be used to provide assistance to publicly owned treatment works that regularly serve 5,000 or fewer persons, to the extent that there are sufficient applications for such assistance; ``(B) not less than 10 percent shall be used to provide assistance to publicly owned treatment works that regularly serve between 5,001 and 20,000 persons, to the extent that there are sufficient applications for such assistance; and ``(C) not less than 15 percent shall be used to provide assistance to publicly owned treatment works that regularly serve between 20,001 and 50,000 persons, to the extent that there are sufficient applications for such assistance. ``(2) Use of funds in other categories.--If a State is not able to use an amount of funds to provide assistance to publicly owned treatment works in accordance with paragraph (1)(A), (1)(B), or (1)(C) because there are not sufficient applications, the State, to the maximum extent practicable, shall use that amount of funds to provide assistance for another purpose specified in paragraph (1). ``(3) Limitation on statutory construction.--Nothing in paragraph (1)(A), (1)(B), or (1)(C) shall be construed to limit the amount of funds received by a State in capitalization grants under this title that may be used by the State for the purposes described in that paragraph. ``(b) Preconstruction Assistance for Small Treatment Works.-- ``(1) Authority to make preloans.--Notwithstanding any other provision of this title, a State may use funds received in capitalization grants under this title for making preloans to eligible recipients in accordance with the requirements of this subsection. ``(2) Eligible uses of preloans.--A preloan received by an eligible recipient under this subsection may be used for the following costs incurred in connection with an eligible project: ``(A) Project development. ``(B) Environmental studies. ``(C) Legal and administrative expenses. ``(D) Project design. ``(E) Such other costs as the Administrator determines appropriate, as prescribed by regulation. ``(3) Ineligible use.--A preloan received by an eligible recipient under this subsection may not be used for costs related to land acquisition. ``(4) Maximum individual preloan amount.--The amount of a preloan made under this subsection in connection with an eligible project may not exceed 10 percent of the estimated cost of the project. ``(5) Maximum aggregate preloan amount.--Not to exceed 15 percent of the funds received by a State in capitalization grants under this title for a fiscal year may be used to provide preloans under this subsection. ``(6) Repayment of preloans.-- ``(A) In general.--For purposes of repayment, a preloan made to an eligible recipient in connection with an eligible project shall be treated as part of the principal amount of the primary loan made by the State for the project. Except as provided by subparagraph (B), repayment of preloan amounts shall not be required until payments begin for the primary loan amount and interest on preloan amounts shall not begin to accrue until interest begins to accrue on the primary loan amount. ``(B) Deadline for primary loan application.-- ``(i) In general.--If an eligible recipient under this subsection in connection with an eligible project does not apply for a primary loan for the project in the 3-year period beginning on the date of issuance of the preloan, the State may require, at the discretion of the State, repayment of the preloan with interest. ``(ii) Exceptions.--A State shall not impose a penalty under clause (i) on an eligible recipient that receives a preloan for an eligible project, if the State determines that the eligible recipient did not comply with the 3-year deadline established by clause (i) due to-- ``(I) a delay in environmental reviews conducted by a Federal or State agency; or ``(II) insufficient funds in the State's water pollution control revolving fund established under this title for the State to make a primary loan for the project. ``(7) Definitions.--In this subsection, the following definitions apply: ``(A) Eligible project.--The term `eligible project' means a project eligible for assistance under section 603(c)(1) for construction of a public owned treatment works that will regularly serve 50,000 or fewer persons. ``(B) Eligible recipient.--The term `eligible recipient' means a municipality or intermunicipal, interstate, or State agency seeking assistance for an eligible project. ``(C) Preloan.--The term `preloan' means financial assistance provided by a State from the State's water pollution control revolving loan fund established under this title for an eligible project before approval of a primary loan for the project. ``(D) Primary loan.--The term `primary loan' means a loan made by a State from the State's water pollution control revolving loan fund under this title for an eligible project after a preloan is made for that project. ``(c) Additional Assistance for Disadvantaged Communities.-- ``(1) Criteria for designation of disadvantaged communities.--The Governor of a State, after providing an opportunity for public review and comment, may establish criteria to designate disadvantaged communities that-- ``(A) have a population of 50,000 persons or fewer; and ``(B) would experience a significant hardship raising the revenue necessary to finance a project eligible for assistance under section 603(c)(1) if assistance is not provided under this subsection. ``(2) Additional assistance.-- ``(A) In general.--In any case in which a State provides loan assistance to a municipality or intermunicipal, interstate, or State agency for a project under section 603(d), the State may provide additional assistance in connection with the loan if the project is to benefit a disadvantaged community identified by the State using the criteria developed under paragraph (1). ``(B) Types of additional assistance.--Additional assistance under subparagraph (A) shall consist of-- ``(i) forgiveness of all or a portion of the principal of the loan; ``(ii) not requiring or reducing interest to be paid in connection with the loan; ``(iii) extending the loan repayment period to not to exceed 30 years; or ``(iv) any combination thereof.''. SEC. 3. APPLICATION PROCESS REFORM. (a) In General.--Not later than 3 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall-- (1) consult with States, utilities, nonprofit organizations, and other Federal agencies providing finance assistance to identify ways to expedite and improve the application and review process for obtaining financing from a State water pollution control revolving loan fund under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.); and (2) take such administrative actions as the Administrator determines appropriate to expedite and improve the process. (b) Report to Congress.--Not later than 3 years after the date of enactment of this Act, the Administrator shall submit to Congress a report that contains recommendations to further expedite and improve the application and review process referred to in subsection (a)(1), including recommendations for any legislative actions that may be needed.

Small and Rural Communities Wastewater Infrastructure Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to allocate at least 5%, 10%, or 15% of funds received by a state in capitalization grants to provide assistance to publicly owned treatment works that serve populations of 5,000 or fewer persons, 5,001 to 20,000 persons, or 20,001 to 50,000 persons, respectively. Authorizes a state to use funds received in capitalization grants for making preloans (financial assistance from the state's water pollution control revolving loan fund) to municipalities or intermunicipal, interstate, or state agencies for costs incurred in connection with project development, environmental studies, legal and administrative expenses, and project design for construction of a public owned treatment works that will regularly serve 50,000 or fewer persons. Prohibits a preloan from being used for costs related to land acquisition. Authorizes a state agency to provide additional assistance in connection with a state water pollution control revolving loan if a project is to benefit a disadvantaged community with a population of 50,000 persons or fewer by: (1) forgiving all or a portion of the principal of the loan; (2) not requiring or reducing interest to be paid in connection with the loan; and (3) extending the loan repayment period to not to exceed 30 years. Requires the Administrator of the Environmental Protection Agency (EPA) to identify, implement, and make further recommendations regarding ways to expedite and improve the application and review process for obtaining financing from a state water pollution control revolving loan fund.

To amend the Federal Water Pollution Control Act to authorize additional assistance for projects to construct publicly owned treatment works that serve small and disadvantaged communities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Child Poverty Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Nearly 13,000,000, or nearly 1 in 5, children in the United States who are younger than 18 live below the poverty line. (2) The parents of poor children are playing by the rules by working to support their families. Despite their efforts, many of these parents still cannot help their children get ahead, since 7 out of 10 poor children live in a working family and almost 1 poor child in 3 lives with a full-time year-around worker. (3) Poor children are at least twice as likely as non-poor children to suffer stunted growth or lead poisoning, or to be kept back in school. Poor children score significantly lower on reading, mathematics, and vocabulary tests when compared with otherwise similar non-poor children. More than half of poor people in the United States, including poor children, experience serious deprivations during the year, including lack of food, utility shutoffs, crowded or substandard housing, or lack of a stove or refrigerator. (4)(A) Eighteen percent of children are hungry or on the verge of hunger, largely because they are living in poverty. (B) Hungry children-- (i) lack nutrients vital to healthy brain development; (ii) have difficulty focusing their attention and concentrating in school; and (iii) often have greater emotional and behavioral problems, have weaker immune systems, and are more susceptible to infections, including anemia, than other children, and often suffer from obesity. (5) Child poverty has risen significantly, by 1,300,000 since 2000. (6) The poverty rate for children in the United States is substantially higher than that in other major industrialized nations. (7) Children in the United States are more likely to live in poverty than any other age group in the United States. (8) African-American and Latino children are much more likely to live in poverty than White children. One third of African-American children are low-income, as are nearly a third of Latino children. (9) Great Britain made a public commitment to cut child poverty in half in 10 years, and end child poverty by 2020, and it has already successfully lifted 2,000,000 children out of poverty. (10) Poverty is a moral issue and Congress has a moral obligation to address it. SEC. 3. PURPOSE. The purpose of this Act is to set a national goal of cutting child poverty in half within a decade, and eliminating child poverty entirely as soon as possible. SEC. 4. DEVELOPMENT OF PLAN BY CHILD POVERTY ELIMINATION BOARD. (a) In General.--There is established a board to be known as the Child Poverty Elimination Board (referred to in this Act as the ``Board''). (b) Composition.-- (1) Appointments.--The Board shall be composed of 12 voting members, to be appointed not later than 60 days after the date of enactment of this Act, as follows: (A) Senators.--One Senator shall be appointed by the majority leader of the Senate, and one Senator shall be appointed by the minority leader of the Senate. (B) Members of the house of representatives.--One Member of the House of Representatives shall be appointed by the Speaker of the House of Representatives, and one Member of the House of Representatives shall be appointed by the minority leader of the House of Representatives. (C) Additional members.-- (i) Appointment.--Two members each shall be appointed by-- (I) the Speaker of the House of Representatives; (II) the majority leader of the Senate; (III) the minority leader of the House of Representatives; and (IV) the minority leader of the Senate. (ii) Expertise.--Members appointed under this subparagraph shall be appointed on the basis of demonstrated expertise in child poverty issues. (2) Period of appointment; vacancies.--Members shall be appointed for the life of the Board. Any vacancy on the Board shall be filled in the manner in which the original appointment was made. The vacancy shall not affect the power of the remaining members to execute the duties of the Board. (3) Chairperson and vice chairman.--The Board shall elect a chairperson and a vice chairperson from among the members of the Board. (4) Meetings.--The Board shall first meet not later than 30 days after the date on which all members are appointed, and the Board shall meet thereafter at the call of the chairperson or vice chairperson or a majority of the members. (c) Plan and Report.-- (1) Plan.--The Board shall meet regularly to develop a plan for cutting child poverty in half within a decade, and eliminating child poverty entirely as soon as possible. The plan shall include recommendations for allocations of funds from the Child Poverty Elimination Trust Fund established in section 9511 of the Internal Revenue Code of 1986, to carry out the plan. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Board shall prepare and submit a report containing the plan to the Committee on Education and the Workforce of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the President. (d) Powers.-- (1) Hearings and sessions.--The Board may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Board considers appropriate. The Board may administer oaths or affirmations to witnesses appearing before it. (2) Access to information.--The Board may secure directly from any Federal agency information necessary to enable the Board to carry out this Act, if the information may be disclosed under section 552 of title 5, United States Code. Subject to the previous sentence, on the request of the chairperson or vice chairperson of the Board, the head of such agency shall furnish such information to the Board. (3) Use of facilities and services.--Upon the request of the Board, the head of any Federal agency may make available to the Board any of the facilities and services of such agency. (4) Personnel from other agencies.--On the request of the Board, the head of any Federal agency may detail any of the personnel of such agency to serve as an Executive Director of the Board or assist the Board in carrying out the duties of the Board. Any detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (5) Voluntary service.--Notwithstanding section 1342 of title 31, United States Code, the chairperson of the Board may accept for the Board voluntary services provided by a member of the Board. (e) Compensation.-- (1) Pay.--Members of the Board shall serve without compensation. (2) Travel expenses.--Members of the Board shall be allowed reasonable travel expenses, including a per diem allowance, in accordance with section 5703 of title 5, United States Code, when performing duties of the Board. SEC. 5. ISSUANCE AND IMPLEMENTATION OF PLAN. (a) Issuance.--Not later than 90 days after receiving the report containing the plan developed by the Board under section 4(c), the President shall review the report, and shall issue a plan for cutting child poverty in half within a decade, and eliminating child poverty entirely as soon as possible. The plan shall include specifications and allocations of funds to be made from the Child Poverty Elimination Trust Fund, to carry out the plan. (b) Relationship to Board Plan.--The plan issued under subsection (a) shall be the same as the plan developed by the Board under section 4(c) except insofar as the President may determine, for good cause shown and stated together with the plan issued under subsection (a), that a modification of the Board's plan would be more effective for eliminating child poverty. (c) Implementation.--Not later than 90 days after issuing a plan under subsection (a), the President shall ensure the implementation of the plan issued under subsection (a), and shall work with Congress to ensure funding for the implementation of the plan. SEC. 6. IMPOSITION OF INDIVIDUAL INCOME TAX SURCHARGE TO FUND CHILD POVERTY ELIMINATION FUND. (a) In General.--Section 1 of the Internal Revenue Code of 1986 (relating to imposition of tax on individuals) is amended by adding at the end the following new subsection: ``(j) Additional Income Tax.-- ``(1) In general.--If the adjusted gross income of an individual exceeds the threshold amount, the tax imposed by this section (determined without regard to this subsection) shall be increased by an amount equal to 1 percent of so much of the adjusted gross income as exceeds the threshold amount. ``(2) Threshold amounts.--For purposes of this subsection, the term `threshold amount' means-- ``(A) $1,000,000 in the case of a joint return, and ``(B) $500,000 in the case of any other return. ``(3) Tax not to apply to estates and trusts.--This subsection shall not apply to an estate or trust.''. (b) Coordination With Minimum Tax.--Section 55(c) of the Internal Revenue Code of 1986 (defining regular tax) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Coordination with minimum tax.--Solely for purposes of this section, section 1(j) shall not apply in computing the regular tax.''. (c) Establishment of Child Poverty Elimination Fund.-- (1) In general.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following: ``SEC. 9511. CHILD POVERTY ELIMINATION TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Child Poverty Elimination Trust Fund' (referred to in this section as the `Trust Fund'), consisting of such amounts as may be appropriated or credited to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There is hereby appropriated to the Trust Fund an amount equivalent to the increase in revenues received in the Treasury as the result of the surtax imposed under section 1(j). ``(c) Distribution of Amounts in Trust Fund.--Amounts in the Trust Fund shall be available, as provided by appropriation Acts, to make expenditures in connection with Federal programs designed to carry out the plan issued by the President under section 5 of the End Child Poverty Act, to eliminate child poverty.''. (2) Conforming amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following: ``Sec. 9511. Child Poverty Elimination Trust Fund.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. (e) Section 15 Not To Apply.--The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986.

End Child Poverty Act - Establishes the Child Poverty Elimination Board to develop a plan for: (1) cutting child poverty in half within a decade; and (2) eliminating child poverty entirely as soon as possible. Requires the plan to include recommendations for allocations from a Child Poverty Elimination Trust Fund. Directs the President to review the Board's plan, issue a plan which is the same as the Board's except where there is good cause for a modification that would be more effective, ensure plan implementation, and work with Congress to insure funding of plan implementation. Amends the Internal Revenue Code to establish the Child Poverty Elimination Trust Fund. Transfers to such Fund an amount equal to revenue from a surtax which increases by one percent the tax imposed on that portion of adjusted gross income that exceeds the threshold amount of: (1) $1 million in the case of a joint return; or (2) $500,000 in the case of any other individual income tax return.

A bill to eliminate child poverty, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guaranteed Access to Health Insurance Act of 2009''. SEC. 2. ENSURING AFFORDABILITY FOR ALL THROUGH SPECIAL POOLING OF THE COST OF HIGH RISK INDIVIDUALS. (a) State Requirement.-- (1) In general.--Not later than 2 years after the date of the enactment of this Act, each State is encouraged to ensure that an adequate financial backstop exists to mitigate the cost of high risk individuals in the State, through establishing either-- (A) a qualified State reinsurance program described in subsection (b); or (B) a qualifying State high risk pool described in subsection (c)(1). (2) Preference.--Beginning 3 years after the date of the enactment of this Act, in the case of a competitive grant for which the only eligible entities are States, the Secretary, in awarding such grant to a State, shall give preference to any State with a program that meets the requirements of paragraph (1)(A). (b) Qualified State Reinsurance Program.-- (1) In general.--For purposes of this section, the term ``qualified State reinsurance program'' means a program operated by a State or a State authorized program that provides reinsurance for health insurance coverage offered in the individual, small group market, or in both markets. (2) Form of program.--A qualified State reinsurance program may provide reinsurance-- (A) on a prospective or retrospective basis; (B) that protects health insurance issuers against the annual aggregate spending of their enrollees; and (C) that provides purchase protection against individual catastrophic costs. (c) Qualifying State High Risk Pool.-- (1) In general.--A qualifying State high risk pool described in this subsection means a section 2745 qualified high risk pool that meets the following requirements: (A) The high risk pool does not have a lifetime coverage cap. (B) The high risk pool incorporates applicable Federal or State programs (such as coverage under title XIX of the Social Security Act) for eligible low-income individuals. (C) The high risk pool provides a variety of types of coverage, including at least one high deductible health plan that is combined with a health savings account. (D) The high risk pool eliminates any waiting list and pre-existing condition exclusionary periods so that all eligible residents who are seeking coverage through the pool can receive coverage through the pool. (E) The high risk pool allows for coverage of individuals who, but for the 24-month disability waiting period under section 226(b) of the Social Security Act, would be eligible for Medicare during the period of such waiting period. (F) The high risk pool must not charge participants more than 150 percent of the average premium in the individual market for health insurance coverage in that State. (G) The high risk pool conducts education and outreach initiatives so that residents and insurance brokers understand that the pool is available to eligible residents. (2) Use of funds for the transition.--A State may use any funding sources available to it as of the date of the enactment of this Act to transition from operating a section 2745 high risk pool, to operating a qualified State reinsurance program described in paragraph (1). (3) Funding source.--The high risk pool described in this subsection is also encouraged to have stable funding source that is not solely dependent on an appropriation from the State legislature. (d) Relation to Section 2745.--Section 2745 of the Public Health Service Act is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (A), strike ``40'' and insert ``30''; and (B) add at the end the following new subparagraph: ``(D) An amount equal to 10 percent of such appropriated amount for the fiscal year shall be allotted among qualifying States that apply for such a grant so that the amount allotted to a State bears the same ratio to such appropriated amount as the amount of funds contributed to the operation of the qualified high risk pool of the State by funding sources other than grants under this subsection.''; and (2) in subsection (g)(1)-- (A) in subparagraph (A), by striking ``The term'' and inserting ``Subject to subparagraph (B), the term''; and (B) by adding at the end the following new subparagraph: ``(B) Updated definition.--Beginning on the last day of the 2-year period beginning in the date of the enactment of the Guaranteed Access to Health Insurance Act of 2009, the term `qualified high risk pool' means-- ``(i) a pool that meets the requirements of subparagraph (A) of this paragraph and the requirements of section 2(c)(1) of such Act; or ``(ii) a qualified State reinsurance program as such term is defined in section 2(b) of such Act.''. (e) Waivers.-- (1) In general.--In order to accommodate new and innovative programs, the Secretary may waive such requirements of this section for qualified State reinsurance programs and for qualifying State high risk pools as the Secretary deems appropriate. (2) Coverage of high risk individuals.--The Secretary may waive the requirement under subsection (a)(1) in the case of a State that demonstrates, to the satisfaction of the Secretary, that the State has provided an adequate financial backstop to mitigate the cost of high risk individuals in the State in a manner that is better than, as determined by the Secretary, the requirements under such subsection. (f) Seed Grants to States.--The Secretary shall provide, from the funds appropriated, a grant of up to $5,000,000 to each State that has not created a qualified high risk pool as of the date of enactment of this Act. Such grants shall be made in the same manner, for the same purpose, but are in addition to, grants to States made under Section 2745(a) of the Public Health Service Act. (g) Verification of Citizenship or Alien Qualification.-- (1) In general.--Only citizens and nationals of the United States shall be eligible to participate in a qualifying State high risk pool or qualifying State reinsurance program receiving funding under this section. (2) Grant conditions.--As a condition of receiving grants under this section, the Secretary shall require any State that applies to receive grant funding under this section to certify to the satisfaction of the Secretary that such State requires all applicants for coverage in a qualifying State high risk to pool or a qualifying State reinsurance program to provide satisfactory documentation of such citizenship or nationality and identity in a manner consistent with section 1903(x) of the Social Security Act. The Secretary shall keep sufficient records such that a determination of citizenship or nationality has to be made once for any individual. (h) Definitions.--In this section: (1) The terms ``health insurance coverage'' and ``health insurance issuer'' have the meanings given such terms in section 2791 of the Public Health Service Act. (2) The term ``section 2745 qualified high risk pool'' has the meaning given the term ``qualified high risk pool'' under section 2745(g)(1) of the Public Health Service Act as such section is in effect on the date of the enactment of this Act. (3) The term ``Secretary'' means Secretary of Health and Human Services. (4) The term ``State'' has the meaning given such term for purposes of title XIX of the Social Security Act. (i) Authorization of Appropriations.--For the purposes of carrying out section 2745 of the Public Health Service Act and this section, in addition to any other amounts authorized to be appropriated, there is authorized to be appropriated, $20,000,000,000 beginning with 2010. Any funds that are authorized under this subsection that are used for purposes of carrying out section 2745 of the Public Health Service Act shall be allocated to the allotments under such section in the proportions required under subsection (d)(2) of such section.

Guaranteed Access to Health Insurance Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to provide grants to states that adopt a program that provides reinsurance for health insurance coverage or a high risk pool to mitigate the health care costs of high risk individuals in such states. Limits participation in such reinsurance programs or high risk pools to citizens and nationals of the United States.

To enable States to establish reinsurance programs or high risk pools to ensure that high risk individuals are able to access health insurance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Inspector General Improvement Act of 2012''. SEC. 2. ASSIGNMENT OF INSPECTOR GENERAL TO CERTAIN FEDERAL ENTITIES. (a) Agency for International Development.--In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Agency for International Development shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within each of the following: (1) Trade and Development Agency. (2) Japan-United States Friendship Commission. (3) Overseas Private Investment Corporation. (b) Board of Governors of the Federal Reserve System.--In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Board of Governors of the Federal Reserve System shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the Financial Institutions Examination Council. (c) Department of Defense.--In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Department of Defense shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the Selective Service System. (d) Department of Education.--In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Department of Education shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within each of the following: (1) James Madison Memorial Fellowship Foundation. (2) Christopher Columbus Fellowship Foundation. (3) Morris K. Udall and Stewart L. Udall Foundation. (4) Barry M. Goldwater Scholarship and Excellence in Education Program. (5) Vietnam Education Foundation. (6) Harry S Truman Scholarship Foundation. (7) National Council on Disability. (e) Federal Labor Relations Authority.--In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Federal Labor Relations Authority shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the National Mediation Board. (f) Department of Health and Human Services.--In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Department of Health and Human Services shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within each of the following: (1) Architectural and Transportation Barriers Compliance Board (Access Board). (2) U.S. Interagency Council on Homelessness. (3) Medicare Payment Advisory Commission. (g) Department of Homeland Security.--In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Department of Homeland Security shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism. (h) Department of the Interior.--In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Department of the Interior shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within each of the following: (1) Arctic Research Commission. (2) Office of the Federal Coordinator for Alaska Natural Gas Transportation. (3) Valles Caldera Trust. (4) International Boundary Commission: United States and Canada. (5) International Joint Commission: United States and Canada. (6) Office of Navajo and Hopi Indian Relocation. (7) Utah Reclamation Mitigation and Conservation Commission. (8) Dwight D. Eisenhower Memorial Commission. (9) The portion of the Presidio managed by the National Park Service. (10) International Boundary and Water Commission. (i) Department of Labor.--In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Department of Labor shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within each of the following: (1) Occupational Safety and Health Review Commission. (2) Federal Mine Safety and Health Review Commission. (3) Federal Mediation Conciliation Service. (j) Department of State.--In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Department of State shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the United States Commission on International Religious Freedom. (k) Department of the Treasury.--In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Treasury Inspector General for Tax Administration shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the United States Tax Court. (l) Environmental Protection Agency.--In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Environmental Protection Agency shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the Marine Mammal Commission. (m) General Services Administration.--In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the General Services Administration shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within each of the following: (1) National Capital Planning Commission. (2) Commission of Fine Arts. (3) Committee for Purchase from People Who Are Blind or Severely Disabled. (n) Government Accountability Office.--In addition to the other duties and responsibilities specified in section 705 of title 31, United States Code, the Inspector General of the Government Accountability Office shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the Administrative Conference of the United States. (o) Intelligence Community.--In addition to the other duties and responsibilities specified in section 103H of the National Security Act of 1947 (50 U.S.C. 403-3h), the Inspector General of the Intelligence Community shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the Public Interest Declassification Board. (p) National Archives and Records Administration.--In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the National Archives and Records Administration shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the Advisory Council on Historic Preservation. (q) Nuclear Regulatory Commission.--In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Nuclear Regulatory Commission shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the Nuclear Waste Technical Review Board. (r) Office of Personnel Management.--In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Office of Personnel Management shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the Federal Retirement Thrift Investment Board. (s) Smithsonian Institution.--In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Smithsonian Institution shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the United States Holocaust Memorial Museum.

Inspector General Improvement Act of 2012 - Requires the inspectors general of the following federal agencies, in addition to the other duties and responsibilities specified in the Inspector General Act of 1978, to supervise, direct, and control audit and investigative activities pertaining to programs and operations: U.S. Agency for International Development (USAID); Board of Governors of the Federal Reserve System; Department of Defense (DOD); Department of Education; Federal Labor Relations Authority (FLRA); Department of Health and Human Services (HHS); Department of Homeland Security (DHS); Department of the Interior; Department of Labor; Department of State; Department of the Treasury; Environmental Protection Agency (EPA); General Services Administration (GSA); Government Accountability Office (GAO); Intelligence Community; National Archives and Records Administration (NARA); Nuclear Regulatory Commission (NRC); Office of Personnel Management (OPM); and Smithsonian Institution.

To provide for Inspector General oversight for Federal entities not otherwise subject to such oversight, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Colon Cancer Screen for Life Act of 2002''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) colorectal cancer screening tests (as defined in section 1861(pp) of the Social Security Act (42 U.S.C. 1395x(pp)) covered under the medicare program have been severely underutilized, with the Comptroller General of the United States reporting in 2000 that since coverage of such tests was implemented, the percentage of beneficiaries under the medicare program receiving either a screening or a diagnostic colonoscopy has increased by only 1 percent; (2) the Centers for Medicare & Medicaid Services should encourage health care providers to use more effective screening and diagnostic health care technologies in the area of colorectal cancer screening; (3) in recent years, the Centers for Medicare & Medicaid Services has subjected colorectal cancer screening tests to some of the largest reimbursement reductions under the medicare program; (4) unlike other preventive screening tests covered under the medicare program, health care providers must consult with beneficiaries prior to furnishing a screening colonoscopy in order to-- (A) ascertain the medical and family history of the beneficiary; and (B) inform the beneficiary of preparatory steps that must be taken prior to the procedure; and (5) reimbursement under the medicare program is not currently available for the consultations described in paragraph (4) despite the fact that reimbursement is provided under such program for similar consultations prior to a diagnostic colonoscopy. SEC. 3. INCREASE IN REIMBURSEMENT FOR COLORECTAL CANCER SCREENING AND DIAGNOSTIC TESTS. (a) In General.--Section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d)) is amended by adding at the end the following new paragraph: ``(4) Enhanced payment for colorectal cancer screening and diagnostic tests.-- ``(A) Nonfacility rates.--Notwithstanding paragraphs (2)(A) and (3)(A), the Secretary shall establish national minimum payment amounts for CPT codes 45330, 45378, 45380, 45385 and HCPCS codes GO104, GO105, GO106, GO107, GO120, and GO121 for items and services furnished during the last 6 months of 2002 and in subsequent years which reflect a 10 percent increase above the relative value units in effect as the nonfacility rates for such codes in 2001, with such revised payment level to apply to items and services performed in a nonfacility setting, provided, however, that such setting is consistent with quality care, sound medical judgment, and prevention of potential complications. ``(B) Facility rates.--Notwithstanding paragraphs (2)(A) and (3)(A), the Secretary shall establish national minimum payment amounts for CPT codes 45330, 45378, 45380, 45385 and HCPCS codes GO104, GO105, GO106, GO107, GO120, and GO121 for items and services furnished during the last 6 months of 2002 and in subsequent years which reflect a 30 percent increase above the relative value units in effect as the facility rates for such codes in 2001, with such revised payment level to apply to items and services performed in a facility setting. ``(C) Annual adjustments.--In the case of items and services furnished on or after January 1, 2003, the payment rates described in subparagraphs (A) and (B) shall, subject to the minimum payment amounts established in such subparagraphs, be adjusted annually as provided in section 1848.''. (b) Effective Date.--The amendment made by this section shall apply to items and services furnished on or after July 1, 2002. SEC. 4. MEDICARE COVERAGE OF OFFICE VISIT OR CONSULTATION PRIOR TO A SCREENING COLONOSCOPY OR IN CONJUNCTION WITH A BENEFICIARY'S DECISION TO OBTAIN SUCH A SCREENING. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (U), by striking ``and'' at the end; (2) in subparagraph (V), by inserting ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(W) an outpatient office visit or consultation for the purpose of beneficiary education, assuring selection of the proper screening test, and securing information relating to the procedure and sedation of the beneficiary, prior to a colorectal cancer screening test consisting of a screening colonoscopy or in conjunction with the beneficiary's decision to obtain such a screening, regardless of whether such screening is medically indicated with respect to the beneficiary;''. (b) Payment.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(U)''; and (B) by inserting before the semicolon at the end the following: ``, and (V) with respect to an outpatient office visit or consultation under section 1861(s)(2)(W), the amounts paid shall be 80 percent of the lesser of the actual charge or the amount established under section 1848''. (2) Payment under physician fee schedule.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(W),'' after ``(2)(S),''. (3) Requirement for establishment of payment amount under physician fee schedule.--Section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d)), as amended by section 3, is amended by adding at the end the following new paragraph: ``(5) Payment for outpatient office visit or consultation prior to screening colonoscopy.--With respect to an outpatient office visit or consultation under section 1861(s)(2)(W), payment under section 1848 shall be consistent with the payment amounts for CPT codes 99203 and 99243.''. (c) Effective Date.--The amendments made by this section shall apply to items and services provided on or after July 1, 2002. SEC. 5. WAIVER OF DEDUCTIBLE FOR COLORECTAL CANCER SCREENING TESTS. (a) In General.--The first sentence of section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended-- (1) by striking ``and'' before ``(6)''; and (2) by inserting before the period at the end the following: ``, and (7) such deductible shall not apply with respect to colorectal cancer screening tests (as described in section 1861(pp)(1))''. (b) Conforming Amendments.--Paragraphs (2)(C)(ii) and (3)(C)(ii) of section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d)) are each amended-- (1) by striking ``deductible and'' in the heading; and (2) in subclause (I), by striking ``deductible or'' each place it appears. (c) Effective Date.--The amendment made by this section shall apply to items and services furnished on or after July 1, 2002.

Colon Cancer Screen for Life Act of 2002 - Expresses the sense of the Congress with respect to the use of and reimbursement for colorectal cancer screening tests covered under the Medicare program under title XVIII of the Social Security Act (SSA).Amends SSA title XVIII to: (1) increase reimbursement for colorectal cancer screening and diagnostic tests; (2) cover an outpatient office visit or consultation for the purpose of beneficiary education before a colorectal cancer screening test consisting of a screening colonoscopy or in conjunction with the beneficiary's decision to obtain such a screening, regardless of whether such screening is medically indicated with respect to the beneficiary; and (3) waive the deductible for colorectal cancer screening tests.

To amend title XVIII of the Social Security Act to improve patient access to, and utilization of, the colorectal cancer screening benefit under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transition Assistance Advisor Act of 2012''. SEC. 2. TRANSITION ASSISTANCE ADVISOR PROGRAM. (a) Program Authorized.-- (1) In general.--Chapter 58 of title 10, United States Code, is amended by inserting after section 1144 the following new section: ``Sec. 1144A. Transition Assistance Advisors ``(a) In General.--The Secretary of Defense shall establish as part of the Transition Assistance Program (TAP) a Transition Assistance Advisor (TAA) program to provide professionals in each State to serve as statewide points of contact to assist members of the armed forces in accessing benefits and health care furnished under laws administered by the Secretary of Defense and benefits and health care furnished under laws administered by the Secretary of Veterans Affairs. ``(b) Number of Advisors.--The Secretary of Defense shall ensure that the minimum number of Transition Assistance Advisors in each State is as follows: ``(1) During the period beginning 180 days before the commencement of a contingency operation (or, if later, as soon before as is otherwise practicable) and ending 180 days after the conclusion of such contingency operation-- ``(A) in the case of a State with fewer than 1,500 members of the Army National Guard of the United States and the Air National Guard of the United States residing in the State, not less than one Transition Assistance Advisor; and ``(B) in the case of a State with 1,500 or more members of the Army National Guard of the United States and the Air National Guard of the United States who reside in such State, not less than one Transition Assistance Advisor for each 1,500 members of the Army National Guard of the United States and the Air National Guard of the United States who reside in such State. ``(2) At any time not covered by paragraph (1)-- ``(A) in the case of a State with fewer than 5,000 members of the Army National Guard of the United States and the Air National Guard of the United States residing in the State, not less than one Transition Assistance Advisor; and ``(B) in the case of a State with 5,000 or more members of the Army National Guard of the United States and the Air National Guard of the United States who reside in such State, not less than one Transition Assistance Advisor for each 1,500 members of the Army National Guard of the United States and the Air National Guard of the United States who reside in such State. ``(c) Duties.--The duties of a Transition Assistance Advisor includes the following: ``(1) To assist with the creation and execution of individual transition plans for members of the National Guard described in subsection (d)(2) and their families for the reintegration of such members into civilian life. ``(2) To provide employment support services to members of the National Guard and their families, including assistance with discovering employment opportunities and identifying and obtaining assistance from programs within and outside of the Federal Government. ``(3) Provide information on relocation, health care, mental health care, and financial support services available to members of the National Guard or their families from the Department of Defense, the Department of Veterans Affairs, and other Federal, State, and local agencies. ``(4) Provide information on educational support services available to members of the National Guard, including Post-9/11 Educational Assistance under chapter 33 of title 38. ``(d) Transition Plans.--(1) Each individual plan created under subsection (c)(1) for a member of the National Guard described in paragraph (2) shall include the following: ``(A) A plan for the transition of the member to life in the civilian world, including with respect to employment, education, and health care. ``(B) A description of the transition services that the member and the member's family will need to achieve their transition objectives, including information on any forms that such member will need to fill out to be eligible for such services. ``(C) A point of contact for each agency or entity that can provide the transition services described in subparagraph (B). ``(2) A member of the National Guard described in this paragraph is any member of the National Guard who has served on active duty in the armed forces for a period of more than 180 days. ``(e) State Defined.--In this section, the term `State' means each of the several States of the United States, the District of Columbia, and any territory of the United States. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section-- ``(1) $10,000,000 for fiscal year 2013; and ``(2) such sums as may be necessary for each fiscal year thereafter.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 58 of such title is amended by inserting after the item relating to section 1144 the following new item: ``1144A. Transition Assistance Advisors.''. (b) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth a description of the efforts of the Secretary to implement the requirements of section 1144A of title 10, United States Code, as added by subsection (a)(1).

Transition Assistance Advisor Act of 2012 - Directs the Secretary of Defense to establish, as part of the Transition Assistance Program of the Department of Defense (DOD), a Transition Assistance Advisor (TAA) program to provide professionals in each state to serve as statewide contacts to assist members of the Armed Forces in accessing benefits and health care furnished by DOD and the Department of Veterans Affairs (VA). Requires a minimum number of TAAs in each state based on the number of Army and Air National Guard members in such state. Provides additional TAA duties, including the provision of a military-to-civilian transition plan for such members and their families.

A bill to authorize the Transition Assistance Advisor program of the Department of Defense, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Venipuncture Assessment Act of 1998''. SEC. 2. 18-MONTH MORATORIUM ON PROHIBITION ON PAYMENT FOR HOME HEALTH SERVICES SOLELY FOR PURPOSES OF OBTAINING A BLOOD SAMPLE; REPORT. (a) Moratorium.--Section 4615(b) of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 475) is amended to read as follows: ``(b) Effective Date.-- ``(1) In general.--Subject to paragraph (2), the amendments made by subsection (a) apply to home health services furnished after the 6-month period beginning after the date of enactment of this Act. ``(2) 18-month moratorium.--During the period that begins on the date of enactment of the Medicare Venipuncture Assessment Act of 1998 and ends on the date that is 18 months after the date of enactment of that Act, the amendments made by subsection (a) shall not apply to home health services furnished during that period. For purposes of calculating the 6-month period described in subsection (a), any month (including any portion thereof) in which the period described in this paragraph is in effect shall not be included in such calculation.''. (b) Report to Congress.--The Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 251 et seq.) is amended by inserting after section 4615 the following: ``SEC. 4615A. REPORT TO CONGRESS ON HOME HEALTH BENEFITS BASED SOLELY ON DRAWING BLOOD. ``(a) Study.--The Secretary of Health and Human Services shall conduct a study with respect to the provision of home health services consisting of venipuncture under title XVIII of the Social Security Act. In conducting such study, the Secretary, using the most recent data available, shall-- ``(1) determine the number of beneficiaries who are provided home health services under the medicare program; ``(2) determine the number of beneficiaries who receive such services consisting of venipuncture; ``(3) compare the instances (including the costs) in which the only home health service provided in a home health visit is venipuncture solely for the purposes of obtaining a blood sample and those instances in which venipuncture is provided in such a visit in conjunction with the provision of other home health services; ``(4) in the case of beneficiaries who qualify for home health services because venipuncture solely for the purposes of obtaining a blood sample is a qualifying skill, compare the instances (including the costs) in which the only home health service provided in a home health visit is venipuncture solely for the purposes of obtaining a blood sample and those instances in which no venipuncture is provided in such a visit; ``(5) determine the costs of providing payment for home health services consisting of venipuncture solely for the purpose of obtaining a blood sample, including in such determination an analysis of the increase in such costs that are attributable to fraud and abuse in the provision of, or billing for, such services under the medicare program; ``(6) determine-- ``(A) the costs to beneficiaries if payment under the medicare program is prohibited for home health services consisting of venipuncture solely for the purposes of obtaining a blood sample, and ``(B) the costs to States through potentially increased use of personal care services and nursing home placements if payment under the medicare program is prohibited for home health services consisting of venipuncture solely for the purposes of obtaining a blood sample; ``(7) determine the number of beneficiaries that will no longer be eligible for home health services because venipuncture solely for the purpose of obtaining a blood sample is no longer treated as a qualifying skill; ``(8) with respect to the beneficiaries determined under paragraph (7), determine the number of such beneficiaries that subsequently receive home health benefits because they qualify for such services by reason of a qualifying skill other than venipuncture solely for the purpose of obtaining a blood sample; and ``(9) with respect to the beneficiaries determined under paragraph (7), particularly those that reside in a rural area, determine the number of such beneficiaries that subsequently-- ``(A) are ineligible to receive home health services under this title because they do not qualify for such services by reason of a qualifying skill other than venipuncture solely for the purpose of obtaining a blood sample; but ``(B) become eligible for venipuncture services under part B of this title. ``(b) Report.--Not later than 1 year after the date of enactment of the Medicare Venipuncture Assessment Act of 1998, the Secretary shall submit to Congress a report consisting of the findings of the study conducted under subsection (a).''. (c) Additional Requirements for Report on Definition of Homebound.--Section 4613(b) of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 474) is amended by adding at the end the following: ``The report shall also include specific legislative recommendations to reduce waste, fraud, and abuse (if any) in the determination of whether an individual is homebound without jeopardizing the services provided under title XVIII of the Social Security Act to beneficiaries that have serious medical conditions.''. (d) Clerical Amendment.--The table of contents of title IV of the Balanced Budget Act of 1998 (Public Law 105-33; 111 Stat. 270 et seq.) is amended by inserting after the item relating to section 4615 the following: ``Sec. 4615A. Report to Congress on home health benefits based solely on drawing blood.''. (e) Effective Date.--The amendments made by this section take effect as if included in the enactment of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 251 et seq.).

Medicare Venipuncture Assessment Act of 1998 - Amends the Balanced Budget Act of 1997 to place an 18-month moratorium on the prohibition against payment for home health services consisting of venipuncture solely for purposes of obtaining a blood sample. Requires the Secretary of Health and Human Services to study and report to the Congress with respect to the provision of home health services consisting of venipuncture under title XVIII (Medicare) of the Social Security Act. Requires the report on the definition of homebound to include specific legislative recommendations to reduce waste, fraud, and abuse (if any) in the determination of whether an individual is homebound without jeopardizing the Medicare services provided to beneficiaries with serious medical conditions.

Medicare Venipuncture Assessment Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Video Consumers Have Options in Choosing Entertainment Act of 2013'' or the ``Video CHOICE Act of 2013''. SEC. 2. CARRIAGE DURING RETRANSMISSION CONSENT NEGOTIATION IMPASSE. Section 325(b)(3) of the Communications Act of 1934 (47 U.S.C. 325(b)(3)) is amended by adding at the end the following: ``(D) If a negotiation for a replacement or extended retransmission consent agreement between a television broadcast station and a multichannel video programming distributor reaches an impasse that results in the expiration of the carriage rights of the multichannel video programming distributor, the Commission may, notwithstanding paragraph (1)(A), authorize interim carriage of such station by such distributor pending the conclusion of a new agreement.''. SEC. 3. PROHIBITION OF AGREEMENTS CONDITIONED ON CARRIAGE OF AFFILIATED PROGRAMMING. (a) In General.--Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is amended by redesignating paragraph (7) as paragraph (8) and inserting after paragraph (6) the following: ``(7) A television broadcast station that elects to exercise its right to grant retransmission consent under this subsection may not enter into a retransmission consent agreement with a multichannel video programming distributor that is directly or indirectly conditioned on carriage of any other programming affiliated with such station (or with a person who owns or controls, is owned or controlled by, or is under common ownership or control with such station).''. (b) No Effect on Prior Agreements.--The amendment made by subsection (a) shall apply with respect to retransmission consent agreements entered into after the date of the enactment of this Act. SEC. 4. RULEMAKING ON BLOCKING OF ONLINE CONTENT DURING NEGOTIATIONS. Not later than 6 months after the date of the enactment of this Act, the Federal Communications Commission shall complete a rulemaking proceeding to determine whether, during retransmission consent negotiations or after the parties to such negotiations reach an impasse resulting in the expiration of an existing retransmission consent agreement, the blocking of online content owned by or affiliated with a television broadcast station (or a person who owns or controls, is owned or controlled by, or is under common ownership or control with such station) constitutes a failure to negotiate in good faith under section 325(b)(3)(C)(ii) of the Communications Act of 1934 (47 U.S.C. 325(b)(3)(C)(ii)). SEC. 5. CABLE SERVICE TIERS. (a) Contents of Basic Service Tier.--Section 623(b)(7)(A) of the Communications Act of 1934 (47 U.S.C. 543(b)(7)(A)) is amended by striking clause (iii). (b) Retransmission Consent Service Tier.-- (1) In general.--Section 623(b) of the Communications Act of 1934 (47 U.S.C. 543(b)) is amended by adding at the end the following: ``(9) Retransmission consent service tier.-- ``(A) In general.--Each cable operator of a cable system shall offer its subscribers a separately available retransmission consent service tier that consists only of the signal of each television broadcast station electing retransmission consent under section 325(b) that is carried on the cable system. ``(B) Subject to rate regulation.--The retransmission consent service tier described in subparagraph (A) shall be subject to rate regulation under this Act to the same extent as the basic service tier described in paragraph (7).''. (2) Prohibition on certain bundling.--Section 623(b)(8)(A) of the Communications Act of 1934 (47 U.S.C. 543(b)(8)(A)) is amended to read as follows: ``(A) Prohibition.--A cable operator may not require the subscription to any tier other than the basic service tier required by paragraph (7) as a condition of access to, or discriminate between subscribers to the basic service tier and other subscribers with regard to the rates charged for-- ``(i) video programming offered on a per channel or per program basis; or ``(ii) the retransmission consent service tier described in paragraph (9).''. (3) Conforming amendment.--Section 623(a)(2)(A) of the Communications Act of 1934 (47 U.S.C. 543(a)(2)(A)) is amended by striking ``basic cable service'' and inserting ``the basic service tier described in subsection (b)(7)''. (c) Effective Date.--The amendments made by this section shall take effect on the date that is 6 months after the date of the enactment of this Act. SEC. 6. FCC STUDY OF SPORTS PROGRAMMING COSTS. For the first year that begins after the date that is 6 months after the date of the enactment of this Act and each year thereafter, the Federal Communications Commission shall conduct a study and submit to Congress a report on the costs paid by multichannel video programming distributors (as defined in section 602 of the Communications Act of 1934 (47 U.S.C. 522)) for carriage of regional and national television sports networks in the top 20 regional sports markets, as determined by the Commission.

Video Consumers Have Options in Choosing Entertainment Act of 2013 or the Video CHOICE Act of 2013 - Amends the Communications Act of 1934 to allow the Federal Communications Commission (FCC), if a negotiation for a replacement or extended retransmission consent agreement between a television broadcast station and a multichannel video programming distributor (MVPD) reaches an impasse resulting in the expiration of the carriage rights of the MVPD, to authorize interim carriage of such station by the MVPD pending the conclusion of a new agreement. Prohibits a station that elects to grant retransmission consent from entering into an agreement with an MVPD that is conditioned on carriage of any other programming affiliated with such station (or with a person who owns or controls, is owned or controlled by, or is under common ownership or control with such station). Directs the FCC to complete a rulemaking proceeding to determine whether, during retransmission consent negotiations or after the parties to such negotiations reach an impasse resulting in the expiration of an existing agreement, the blocking of online content owned by or affiliated with a television broadcast station constitutes a failure to negotiate in good faith under communications laws addressing false, fraudulent, or unauthorized transmissions. Removes from the minimum contents of a basic service tier a requirement for cable system operators to provide to subscribers any signal of any television broadcast station that is provided by the cable operator to any subscriber, thereby enabling subscribers to obtain basic cable television service without receiving broadcast stations that elect to collect fees through retransmission consent agreements. Requires each cable system operator to offer its subscribers a separately available retransmission consent service tier that consists only of the signal of each television broadcast station electing retransmission consent that is carried on the cable system. Makes such retransmission consent service tier subject to the same rate regulation as the basic service tier. Prohibits cable operators from requiring a subscription to any tier of service other than the required basic service tier as a condition of access to, or from discriminating between subscribers to the basic service tier and other subscribers with regard to the rates charged for: (1) video programming offered on a per channel or per program basis, or (2) the retransmission consent service established under this Act. (Thus, prohibits services or programming from being limited to certain "bundling" arrangements.) Directs the FCC to submit to Congress an annual report regarding the costs paid by MVPDs for carriage of regional and national television sports networks in the top 20 regional sports markets.

Video CHOICE Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Sanctions Loophole Elimination Act of 2013''. SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN TRANSACTIONS IN FOREIGN CURRENCIES. (a) Imposition of Sanctions.--Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8721 et seq.) is amended by inserting after section 220 the following: ``SEC. 220A. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN TRANSACTIONS IN FOREIGN CURRENCIES. ``(a) In General.--The President-- ``(1) shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that is a person described in subsection (b); and ``(2) may impose sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to any other person described in subsection (b). ``(b) Person Described.--A person described in this subsection is a person the President determines has, on or after May 9, 2013-- ``(1) knowingly conducted or facilitated a significant transaction involving the currency of a country other than the country in which the person is operating at the time of the transaction with, for, or on behalf of-- ``(A) the Central Bank of Iran or another Iranian financial institution designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or ``(B) a person described in section 1244(c)(2) of the Iran Freedom and Counter-Proliferation Act (22 U.S.C. 8803(c)(2)) (other than a person described in subparagraph (C)(iii) of that section); or ``(2) knowingly transferred funds for, or held funds on behalf of, a person described in paragraph (1) in relation to a transaction described in that paragraph, without regard to the currency of those funds. ``(c) Waiver.-- ``(1) In general.--The President may waive the application of subsection (a) with respect to a person for a period of not more than 180 days, and may renew that waiver for additional periods of not more than 180 days, if the President-- ``(A) determines that the waiver is vital to the national security of the United States; and ``(B) not less than 7 days before the waiver or the renewal of the waiver, as the case may be, takes effect, submits a report to the appropriate congressional committees on the waiver and the reason for the waiver. ``(2) Form of report.--Each report submitted under paragraph (1)(B) shall be submitted in unclassified form but may include a classified annex. ``(d) Rule of Construction.--Nothing in this section shall be construed to prohibit any person from, or authorize or require the imposition of sanctions with respect to any person for, conducting or facilitating any transaction in the currency of the country in which the person is operating at the time of the transaction for the sale of agricultural commodities, food, medicine, or medical devices. ``(e) Definitions.--In this section: ``(1) Account; correspondent account; payable-through account.--The terms `account', `correspondent account', and `payable-through account' have the meanings given those terms in section 5318A of title 31, United States Code. ``(2) Agricultural commodity.--The term `agricultural commodity' has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602). ``(3) Foreign financial institution.--The term `foreign financial institution' has the meaning given that term in section 561.308 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling). ``(4) Iranian financial institution.--The term `Iranian financial institution' has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513b(d)). ``(5) Medical device.--The term `medical device' has the meaning given the term `device' in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). ``(6) Medicine.--The term `medicine' has the meaning given the term `drug' in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). ``(7) Transaction.--The term `transaction' includes a foreign exchange swap, a foreign exchange forward, and any other type of currency exchange or conversion or derivative instrument.''. (b) Conforming Amendments.-- (1) Implementation.--Section 601(a)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8781(a)(1)) is amended by inserting ``220A,'' after ``220,''. (2) Penalties.--Section 601(b)(2)(A) of such Act (22 U.S.C. 8781(b)(2)(A)) is amended by striking ``and 220,'' and inserting ``220, and 220A,''. (3) Termination.--Section 605(a) of such Act (22 U.S.C. 8785(a)) is amended by inserting ``220A,'' after ``220,''. (c) Clerical Amendment.--The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 220 the following: ``Sec. 220A. Imposition of sanctions with respect to certain transactions in foreign currencies.''.

Iran Sanctions Loophole Elimination Act of 2013 - Amends the Iran Threat Reduction and Syria Human Rights Act of 2012 to direct the President to prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that is a person described in this Act. Describes such person as a person that on or after May 9, 2013, knowingly: (1) conducted or facilitated a significant transaction involving the currency of a country other than the country in which the person is operating with, for, or on behalf of the Central Bank of Iran or another Iranian financial institution designated by the Secretary of the Treasury for the imposition of sanctions, or a person that is involved in the energy, shipping, and shipbuilding sectors of Iran; or (2) transferred funds for, or held funds on behalf of, a person described in the previous paragraph in relation to a transaction without regard to the currency of such funds. Authorizes the President to impose sanctions pursuant to the International Emergency Economic Powers Act with respect to any other person. Authorizes the President to waive the provisions of this Act with respect to a person for up to 180 days (and authorizes renewal of such waiver for additional periods of up to 180 days) for reasons of U.S. national security. Requires congressional notification at least seven days prior to a waiver or waiver renewal.

Iran Sanctions Loophole Elimination Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employment Nondiscrimination Act of 1996''. SEC. 2. PURPOSES. It is the purpose of this Act-- (1) to provide a comprehensive Federal prohibition of employment discrimination on the basis of sexual orientation; (2) to provide meaningful and effective remedies for employment discrimination on the basis of sexual orientation; and (3) to invoke congressional powers, including the powers to enforce the 14th amendment to the Constitution and to regulate commerce, in order to prohibit employment discrimination on the basis of sexual orientation. SEC. 3. DEFINITIONS. As used in this Act: (1) Commission.--The term ``Commission'' means the Equal Employment Opportunity Commission. (2) Covered entity.--The term ``covered entity'' means an employer, employment agency, labor organization, joint labor management committee, an entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(a)) applies, an employing authority to which section 302(a)(1) of the Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or an employing authority to which section 201(a)(1) of the Congressional Accountability Act of 1995 (2 U.S.C. 1311(a)(1)) applies. (3) Employee.--The term ``employee'' means an employee, as defined in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)), an employee or applicant to whom section 717(a) of the Civil Rights Act of 1964 applies, a Presidential appointee or State employee to whom section 302(a)(1) of the Government Employee Rights Act of 1991 applies, and a covered employee to whom section 201(a)(1) of the Congressional Accountability Act of 1995 applies. The term ``employee'' does not include an individual who volunteers to perform services if the individual receives no compensation for such services. (4) Employer.--the term ``employer'' means a person engaged in an industry affecting commerce (as defined in section 701(h) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(h))) who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include a bona fide private membership club (other than a labor organization) that is exempt from taxation under section 501(c) of the Internal Revenue Code of 1986. (5) Employment agency.--The term ``employment agency'' has the meaning given such term in section 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(c)). (6) Employment or employment opportunities.--Except as provided in section 9(a)(1), the term ``employment or employment opportunities'' includes job application procedures, hiring, advancement, discharge, compensation, job training, or any other term, condition, or privilege of employment. (7) Individual.--The term ``individual'' includes an employee. (8) Labor organization.--The term ``labor organization'' has the meaning given such term in section 701(d) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(d)). (9) Person.--The term ``person'' has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)). (10) Religious organization.--The term ``religious organization'' means-- (A) a religious corporation, association, or society; or (B) a college, school, university, or other educational institution, not otherwise a religious organization, if-- (i) it is in whole or substantial part controlled, managed, owned, or supported by a religious corporation, association, or society; or (ii) its curriculum is directed toward the propagation of a particular religion. (11) Sexual orientation.--The term ``sexual orientation'' means homosexuality, bisexuality, or heterosexuality, whether such orientation is real or perceived. (12) State.--The term ``State'' has the meaning given such term in section 701(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(i)). SEC. 4. DISCRIMINATION PROHIBITED. A covered entity shall not, with respect to the employment or employment opportunities of an individual-- (1) subject the individual to a different standard or different treatment on the basis of sexual orientation; (2) discriminate against the individual based on the sexual orientation of a person with whom the individual is believed to associate or to have associated; or (3) otherwise discriminate against the individual on the basis of sexual orientation. SEC. 5. BENEFITS. This Act does not apply to the provision of employee benefits to an individual for the benefit of such individual's partner. SEC. 6. NO DISPARATE IMPACT. The fact that an employment practice has a disparate impact, as the term ``disparate impact'' is used in section 703(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2(k)), on the basis of sexual orientation does not establish a prima facie violation of this Act. SEC. 7. QUOTAS AND PREFERENTIAL TREATMENT PROHIBITED. (a) Quotas.--A covered entity shall not adopt or implement a quota on the basis of sexual orientation. (b) Preferential Treatment.--A covered entity shall not give preferential treatment to an individual on the basis of sexual orientation. SEC. 8. RELIGIOUS EXEMPTION. (a) In General.--Except as provided in subsection (b), this Act shall not apply to a religious organization. (b) For-Profit Activities.--This Act shall apply with respect to employment and employment opportunities that relate to any employment position that pertains solely to a religious organization's for-profit activities subject to taxation under section 511(a) of the Internal Revenue Code of 1986. SEC. 9. NONAPPLICATION TO MEMBERS OF THE ARMED FORCES; VETERANS' PREFERENCES. (a) Armed Forces.-- (1) Employment or employment opportunities.--For purposes of this Act, the term ``employment or employment opportunities'' does not apply to the relationship between the United States and members of the Armed Forces. (2) Armed forces.--As used in paragraph (1), the term ``Armed Forces'' means the Army, Navy, Air Force, Marine Corps, and Coast Guard. (b) Veterans' Preferences.--This Act does not repeal or modify any Federal, State, territorial, or local law creating a special right or preference for a veteran. SEC. 10. CONSTRUCTION. Nothing in this Act shall be construed to prohibit a covered entity from enforcing rules regarding nonprivate sexual conduct, if such rules of conduct are designed for, and uniformly applied to, all individuals regardless of sexual orientation. SEC. 11. ENFORCEMENT. (a) Enforcement Powers.--With respect to the administration and enforcement of this Act in the case of a claim alleged by an individual for a violation of this Act-- (1) the Commission shall have the same powers as the Commission has to administer and enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); or (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, and 1204); in the case of a claim alleged by such individual for a violation of such title or of section 302(a)(1) of such Act (2 U.S.C. 1202(a)(1)), respectively; (2) the Librarian of Congress shall have the same powers as the Librarian of Congress has to administer and enforce title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title; (3) the Board (as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301) shall have the same powers as the Board has to administer and enforce the Congressional Accountability Act of 1995 in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)); (4) the Attorney General shall have the same powers as the Attorney General has to administer and enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); or (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, and 1204); in the case of a claim alleged by such individual for a violation of such title or of section 302(a)(1) of such Act, respectively; and (5) a court of the United States shall have the same jurisdiction and powers as such court has to enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title; (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, and 1204) in the case of a claim alleged by such individual for a violation of section 302(a)(1) of such Act; and (C) the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act. (b) Procedures and Remedies.--The procedures and remedies applicable to a claim alleged by an individual for a violation of this title are-- (1) the procedures and remedies applicable for a violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title; (2) the procedures and remedies applicable for a violation of section 302(a)(1) of the Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by such individual for a violation of such section; and (3) the procedures and remedies applicable for a violation of section 201(a)(1) of the Congressional Accountability Act of 1995 (2 U.S.C. 1311(a)(1)) in the case of a claim alleged by such individual for a violation of such section. (c) Other Applicable Provisions.--With respect to claims alleged by a covered employee (as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301)) for a violation of this Act, title III of the Congressional Accountability Act of 1995 (2 U.S.C. 1381 et seq.) shall apply in the same manner as such title applies with respect to a claim alleged by such a covered employee for a violation of section 201(a)(1) of such Act. SEC. 12. FEDERAL AND STATE IMMUNITY. (a) State Immunity.--A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in a Federal court of competent jurisdiction for a violation of this Act. In an action against a State for a violation of this Act, remedies (including remedies at law and in equity) are available for the violation to the same extent as such remedies are available in an action against any public or private entity other than a State. (b) Liability of the United States.--The United States shall be liable for all remedies (excluding punitive damages) under this Act to the same extent as a private person and shall be liable to the same extent as a nonpublic party for interest to compensate for delay in payment. SEC. 13. ATTORNEYS' FEES. In any action or administrative proceeding commenced pursuant to this Act, an entity described in section 11(a), in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including expert fees and other litigation expenses, and costs. The United States shall be liable for the fees, expenses and costs described in the preceding sentence to the same extent as a private person. SEC. 14. RETALIATION AND COERCION PROHIBITED. (a) Retaliation.--A covered entity shall not discriminate against an individual because such individual opposed any act or practice prohibited by this Act or because such individual made a charge, assisted, testified, or participated in any manner in an investigation, proceeding, or hearing under this Act. (b) Coercion.--A person shall not coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of such individual's having exercised, enjoyed, assisted, or encouraged the exercise or enjoyment of, any right granted or protected by this Act. SEC. 15. POSTING NOTICES. A covered entity shall post notices for employees, applicants for employment, and members describing the applicable provisions of this Act in the manner prescribed by, and subject to the penalty provided under, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e- 10). SEC. 16. REGULATIONS. (a) In General.--Except as provided in subsections (b) and (c), the Commission shall have authority to issue regulations to carry out this Act. (b) Librarian of Congress.--The Librarian of Congress shall have authority to issue regulations to carry out this Act with respect to employees of the Library of Congress. (c) Board.--The Board referred to in section 11(a)(3) shall have authority to issue regulations to carry out this Act, in accordance with section 304 of the Congressional Accountability Act of 1995 (2 U.S.C. 1384), with respect to covered employees to which section 201(a)(1) of such Act applies (2 U.S.C. 1311(a)(1)). SEC. 17. RELATIONSHIP TO OTHER LAWS. This Act shall not invalidate or limit the rights, remedies, or procedures available to an individual claiming discrimination prohibited under any other Federal law or any law of a State or political subdivision of a State. SEC. 18. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected by such invalidity. SEC. 19. EFFECTIVE DATE. This Act shall take effect 60 days after the date of enactment of this Act and shall not apply to conduct occurring before such effective date.

Employment Nondiscrimination Act of 1996 - Defines "employee" to exclude uncompensated volunteers. Defines "employer" to: (1) mean an employer with 15 or more employees; and (2) exclude a bona fide private club. Prohibits employment discrimination on the basis of sexual orientation by covered entities, including an employing authority to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply. Declares that: (1) this Act does not apply to the provision of employee benefits for the benefit of an employee's partner; and (2) a disparate impact does not establish a prima facie violation of this Act. Prohibits quotas and preferential treatment. Declares that this Act does not apply to: (1) religious organizations (except in their for-profit activities); (2) the armed forces; or (3) laws creating special rights or preferences for veterans. Provides for enforcement. Disallows State immunity. Makes the United States liable for all remedies (except punitive damages) to the same extent as a private person. Allows recovery of attorney's fees. Prohibits retaliation and coercion. Requires posting notices for employees and applicants.

Employment Nondiscrimination Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Head Start on Vaccinations Act''. SEC. 2. VACCINATION REQUIREMENT. (a) Head Start Programs.--The first subsection of section 645 of the Head Start Act (42 U.S.C. 9840) is amended by adding at the end the following: ``(6)(A) In this paragraph: ``(i) The term `complete vaccination information' means such information as the Secretary may require under subparagraph (G), establishing that a child is vaccinated in accordance with the pediatric vaccine list. ``(ii) The term `Federally qualified health center' has the meaning given the term in section 1861(aa)(4) of the Social Security Act (42 U.S.C. 1395x(aa)(4)). ``(iii) The term `pediatric vaccine list' means the list, including the schedule, established (and periodically reviewed and as appropriate revised) by the Advisory Committee on Immunization Practices (an advisory committee established by the Secretary, acting through the Director of the Centers for Disease Control and Prevention). ``(iv) The term `program-registered provider' has the meaning given the term in section 1928(c) of the Social Security Act (42 U.S.C. 1396s(c)). ``(B) In order for a child who is enrolled in a Head Start program (other than an Early Head Start program) assisted under this subchapter on the effective date of the Head Start on Vaccinations Act to remain eligible for participation in the program, a parent or guardian of the child shall submit complete vaccination information to the program, within 3 months after the effective date of the Head Start on Vaccinations Act. ``(C)(i) In order for a child to be enrolled in a program covered by subparagraph (B), a parent or guardian of the child-- ``(I) shall submit complete vaccination information to the program, in a timely manner, as required under regulations issued under subparagraph (G); or ``(II) shall submit a signed agreement that the parent or guardian will provide that information as described in subclause (I), and consents to the administration described in subparagraph (D)(i) or the referral described in subparagraph (D)(ii). ``(ii) Except for the initial submission of information for a child described in subparagraph (B), in order for a child who is enrolled in a program covered by subparagraph (B) to remain eligible for participation in the program, a parent or guardian of the child shall submit complete vaccination information to the program, in a timely manner, as required under such regulations. The director of the Head Start agency involved shall annually require the parents or guardians of the children in the program to make such a submission to maintain that enrollment. ``(D) To assist a parent or guardian in complying with subparagraph (B) or (C), the director of a Head Start agency may use funds made available under this subchapter to-- ``(i) at the request of the parent or guardian, have an employee of the agency, who is eligible to administer vaccines in the State in which the agency is located, administer any missing vaccines on the pediatric vaccine list to the child; or ``(ii) assist the parent or guardian in gaining access to the vaccines, such as by referring the parent or guardian to a Federally qualified health center, a State or county public health clinic, a program-registered provider, or a provider or contractor under title V of the Social Security Act (42 U.S.C. 701 et seq.), that has a health care provider who is eligible to administer vaccines as described in clause (i). ``(E)(i) Subject to clause (ii), the director of a Head Start agency shall, in a timely manner, remove from the corresponding Head Start program any child who is not in compliance with subparagraph (B) or (C). ``(ii) The director may exempt a child from subparagraph (B) or (C) only if a parent or guardian of the child submits information from a health care provider, who (under the State's law concerning vaccinations) is qualified to determine whether the child has an underlying medical condition, that the child has an underlying medical condition and that administration of vaccines is, therefore, medically contraindicated for the child. ``(F)(i) Except as provided in clause (ii), in the case of a child in a Head Start program, this paragraph shall apply notwithstanding any portion of a State law requiring vaccines that is inconsistent with the pediatric vaccine list. ``(ii) Nothing in this paragraph shall be construed to prevent a State from requiring vaccines in addition to the vaccines on the pediatric vaccine list. ``(G)(i) Not later than the effective date of the Head Start on Vaccinations Act, the Secretary shall issue regulations concerning implementation of this paragraph. The regulations shall include provisions specifying timeliness for submission of information under subparagraph (C), the information required to be submitted as complete vaccination information, and timeliness for removal of a child from a Head Start program under subparagraph (E). ``(ii) Before issuing the regulations, the Secretary shall-- ``(I) consult with Indian tribes about the application of this paragraph to children from Indian tribes; ``(II) consult with the national migrant and seasonal Head Start collaboration director about the application of this paragraph to children from migrant and seasonal farmworker families; and ``(III) consider the application of this paragraph to homeless children and foster children. ``(iii) This paragraph takes effect on the date of enactment of the Head Start on Vaccinations Act.''. (b) Early Head Start Programs.--Section 645A of the Head Start Act (42 U.S.C. 9840a) is amended-- (1) in subsection (c), by striking ``Persons'' and inserting ``Except as provided in subsection (j), persons''; and (2) by adding at the end the following: ``(j) Vaccinations.--The provisions of section 645(a)(6) shall apply to Early Head Start agencies, Early Head Start programs, and children under age 3, in the same manner and the same extent as those provisions apply to Head Start agencies, Head Start programs, and children.''. SEC. 3. EFFECTIVE DATE. Except as otherwise provided in the Head Start Act, this Act, including the amendments made by this Act, takes effect 3 months after the date of enactment of this Act.

Head Start on Vaccinations Act Amends the Head Start Act to prohibit the enrollment of a child in a Head Start or Early Head Start program unless the child's parent or guardian: (1) provides the program with information establishing that the child is vaccinated in accordance with the pediatric vaccine list; or (2) submits a signed agreement to provide such information and consents to the provision, by a program employee or other health care provider, of any vaccines on the pediatric vaccine list that the child has not yet received. Requires that information to be provided on an annual basis in order for a child to maintain enrollment in such program. Requires any child who is not in compliance with such requirements to be removed from such program, but provides for the exemption of children for whom the administration of such vaccines is medically contraindicated. Authorizes the director of a Head Start or Early Head Start agency to use program funds to: (1) administer the required vaccines to children, at the request of the parent or guardian; or (2) assist the parent or guardian in gaining access to the required vaccines.

Head Start on Vaccinations Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pension Restoration Act of 1993''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) State; united states.--The terms ``State'' and ``United States'' have the meanings set forth in paragraph (10) of section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002). (2) Employer; participant; beneficiary; nonforfeitable; defined benefit plan.--The terms ``employer'', ``participant'', ``beneficiary'', ``nonforfeitable'', and ``defined benefit plan'' have the meanings set forth in paragraphs (5), (7), (8), (19), and (35), respectively, of section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002). (3) Early terminated plan.--The term ``early terminated plan'' means a defined benefit plan-- (A) which is described in subsection (a) of section 4 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1003) and is not described in subsection (b) of that section, and (B) the termination date of which (as determined by the Corporation) was before September 1, 1974. (4) Qualified participant.--The term ``qualified participant'' means an individual who-- (A) was a participant in an early terminated plan maintained by an employer of such individual, and (B) as of immediately before the termination of the plan had a nonforfeitable right to benefits under the plan. (5) Qualified spouse.--The term ``qualified spouse'' means an individual who is the widow (within the meaning of section 216(c) of the Social Security Act (42 U.S.C. 416(c)) or the widower (within the meaning of section 216(g) of such Act (42 U.S.C. 416(g)) of a qualified participant. (6) Corporation.--The term ``Corporation'' means the Pension Benefit Guaranty Corporation. SEC. 3. ENTITLEMENT TO ANNUITY. (a) Entitlement of Qualified Participant.-- (1) In general.--A qualified participant is entitled, upon approval by the Corporation under this Act of an application therefor, to an annuity payable by the Corporation and computed under section 4(a). (2) Commencement.--The annuity of a qualified participant commences on the day after the later of-- (A) the effective date set forth in section 12, or (B) the date on which the qualified participant attains 65 years of age. (3) Termination.--The annuity of a qualified participant and the right thereto terminate at the end of the last calendar month preceding the date of the qualified participant's death. (b) Entitlement of Qualified Spouse.-- (1) In general.--A qualified spouse is entitled, upon approval by the Corporation under this Act of an application therefor, to an annuity payable by the Corporation and computed under section 4(b). (2) Commencement.--The annuity of a qualified spouse of a qualified participant commences on the latest of-- (A) the effective date set forth in section 12, (B) the first day of the month in which the qualified participant dies, or (C) if the qualified participant dies before attaining 65 years of age, the first day of the month in which the qualified participant would have attained such age but for the qualified participant's death. (3) Termination.--The annuity of a qualified spouse and the right thereto terminate at the end of the last calendar month preceding the date of the qualified spouse's death. SEC. 4. COMPUTATION OF ANNUITY. (a) Qualified Participant's Annuity.--The annuity computed under this subsection (relating to a qualified participant) in connection with any early terminated plan is equal to the excess (if any) of-- (1) the product derived by multiplying $75 by the number of years of service of the qualified participant under the plan, over (2) the annual amount which would be necessary to amortize in level amounts over 10 years the sum of-- (A) any lump sums paid to the qualified participant from the plan in connection with the termination, and (B) the actuarial present value (determined, as of the effective date set forth in section 12, under the assumptions used by the Corporation for purposes of section 4044 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1344)) of pension benefits under the plan (if any) to which the qualified participant retains a nonforfeitable right under the plan. (b) Qualified Spouse's Annuity.--The annuity computed under this subsection (relating to the qualified spouse of a qualified participant) in connection with an early terminated plan is equal to the excess (if any) of-- (1) 50 percent of the amount determined under paragraph (1) of subsection (a) in connection with such qualified participant, over (2) the annual amount which would be necessary to amortize in level amounts over 10 years the sum of-- (A) any lump sums paid to the qualified spouse from the plan in connection with the termination, and (B) the actuarial present value (determined, as of the effective date set forth in section 12, under the assumptions used by the Corporation for purposes of section 4044 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1344)) of pension benefits under the plan (if any) to which the qualified spouse retains a nonforfeitable right under the plan. SEC. 5. APPLICATIONS. (a) Requirements.--An application for an annuity under this Act in connection with an early terminated plan shall be approved if-- (1) the application includes evidence sufficient to establish that the applicant is a qualified participant or qualified spouse in connection with such plan, or (2) the evidence included in the application, together with such evidence as the applicant may request the Corporation to consider pursuant to subsection (c), establishes that the applicant is a qualified participant or a qualified spouse in connection with such plan. (b) Application Forms.--The Corporation may by regulation prescribe application forms which may be used by applicants for purposes of subsection (a). Any such forms prescribed by the Corporation shall be made available to the public by the Corporation. (c) Specific Matters.--In considering applications for annuities under this Act, the Corporation shall consider, on the request of an applicant or the applicant's representative, in addition to any other relevant evidence-- (1) a comparison of employment and payroll records which were maintained under chapter 21 of the Internal Revenue Code of 1986 (relating to Federal Insurance Contributions Act) or under title II of the Social Security Act (42 U.S.C. 401 et seq.) with records maintained by the Internal Revenue Service relating to the qualification status of trusts forming part of a stock bonus, pension, or profit-sharing plan under part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 (relating to pension, profit sharing, stock bonus plans, etc.), and (2) records maintained under the Welfare and Pension Plans Disclosure Act of 1958. (d) Procedures for Initial Determinations.-- (1) In general.--Except as otherwise provided in this subsection, in making initial determinations regarding applications for annuities under this Act, the Corporation shall follow the procedures prescribed by the Corporation for-- (A) initial determinations of benefit entitlement of participants and beneficiaries under plans to which section 4021 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1321) applies, and (B) determinations of the amount of guaranteed benefits of such participants and beneficiaries under title IV of such Act (29 U.S.C. 1301 et seq.). (2) Notices of denial.--The Corporation shall send any individual whose application under this Act is denied by the Corporation pursuant to an initial determination a written notice of the denial. Such notice shall include the reason for the denial and shall set forth the procedures required to be followed in order to obtain review under this Act. SEC. 6. ADMINISTRATIVE APPEALS. (a) In General.--Any individual whose application for an annuity under this Act is denied pursuant to an initial determination by the Corporation is entitled to-- (1) a reasonable time, but not less than 60 days after receipt of the written notice of denial described in section 5(d)(2), to request a review by the Corporation and to furnish affidavits and other documentary evidence in support of the request, and (2) a written decision and the specific reasons therefor at the earliest practicable date. (b) Procedures.--Except as otherwise provided in subsection (a), in reviewing initial determinations regarding applications for annuities under this Act, the Corporation shall follow the procedures prescribed by the Corporation for requesting and obtaining administrative review by the Corporation of determinations described in subparagraphs (A) and (B) of section 5(d)(1). SEC. 7. JUDICIAL REVIEW. (a) In General.--Any individual, after any final decision made under section 6, irrespective of the amount in controversy, may obtain judicial review of the decision by a civil action commenced under this section within 180 days after the mailing to the individual of notice of such decision or within such further time as the Corporation may allow. (b) Venue.--Any action commenced under this section shall be brought in the district court of the United States for the judicial district in which the plaintiff resides or in the United States District Court for the District of Columbia. (c) Record.--As part of any answer by the Corporation, the Corporation shall file a certified copy of the transcript of the record, including the evidence upon which the findings and decision complained of are based. (d) Judgment.--The court shall enter, upon the pleadings and transcript of the record a judgment affirming, modifying, or reversing the decision, with or without remanding the case for a rehearing. (e) Remanded Cases.-- (1) Authority to remand to the corporation.--The court shall, on the motion of the Corporation made before the Corporation files its answer, remand the case to the Corporation for further action by the Corporation. The court may, at any time, on good cause shown, order additional evidence to be taken before the Corporation. (2) Reconsideration on remand.--The Corporation shall, after the case is remanded, and after hearing such additional evidence if so ordered-- (A) modify or affirm the earlier findings of fact or decision, or both, under section 6, and (B) file with the court any such additional and modified findings of fact and decision, and a transcript of the additional record and testimony upon which the Corporation's action in modifying or affirming was based. (f) Final Judgment.--The judgment of the court shall be final except that it shall be subject to review in the same manner as a judgment in other civil actions. SEC. 8. PAYMENT OF ANNUITIES. (a) Forms of Payment.-- (1) Yearly payments.--Each annuity payable under this Act shall be payable as an annual amount. (2) Retroactive lump-sum payments.--Any individual whose claim for an annuity under this Act is approved after the date on which the annuity commences under subsection (a)(2) or (b)(2) of section 3 shall be paid the total amount of the annuity payments for periods before the date on which the claim is approved in the form of a lump-sum payment. (b) Cases of Incompetency.--Payment due an individual mentally incompetent or under other legal disability may be made to the person who is constituted guardian or other fiduciary by the law of the State of residence of the claimant or is otherwise legally vested with the care of the claimant or the claimant's estate. If a guardian or other fiduciary of the individual under legal disability has not been appointed under the law of the State of residence of the claimant, payment may be made to any person who is responsible for the care of the claimant, and the payment bars recovery by any other person. (c) Divorces, Etc.-- (1) Alternative payees.--Payments under this Act which would otherwise be made to a person under this Act shall be made (in whole or in part) to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. Any payment under this paragraph to a person bars recovery by any other person. (2) Notification requirements.--Paragraph (1) shall only apply to payments made by the Corporation under this Act after the date of receipt by the Corporation of written notification of such decree, order, or agreement, and such additional information and documentation as the Corporation may prescribe. (3) Court.--As used in this subsection, the term ``court'' means any court of any State. (d) Inalienability.--Amounts payable under this Act are not assignable, either in law or equity, or subject to execution, levy, attachment, garnishment, or other legal process, except as otherwise may be provided by Federal law. (e) Forgiveness.--Recovery of payments under this Act may not be made from an individual in any case in which the Corporation determines that the individual is without fault and recovery would be against equity and good conscience. SEC. 9. INTERAGENCY COORDINATION AND COOPERATION. (a) In General.--The Corporation may make such arrangements or agreements with other departments, agencies, or establishments of the United States for cooperation or mutual assistance in the performance of their respective functions under this Act as are necessary and appropriate to avoid unnecessary expense and duplication of functions. (b) Use of Facilities.--The Corporation may use, as appropriate, on a reimbursable or other basis, the facilities or services of any department, agency, or establishment of the United States or of any State or political subdivision thereof, including the services of any of its employees, with the lawful consent of such department, agency, or establishment. (c) Cooperation.-- (1) In general.--Each department, agency, or establishment of the United States shall cooperate with the Corporation and, to the extent necessary and appropriate, provide such information and facilities as the Corporation may request for its assistance in the performance of the Corporation's functions under this Act. (2) Availability of records from the secretary of health and human services.--The Secretary of Health and Human Services shall provide the Corporation with such records, determined by the Corporation to be necessary to carry out the purposes of this Act, as the Corporation may request. (3) Availability of confidential tax returns and return information.--Section 6103(l) of the Internal Revenue Code of 1986 (relating to use of returns and return information for purposes other than tax administration) is amended by adding at the end of paragraph (2) the following new sentence: ``Returns and return information shall be open to inspection by or disclosure to officers and employees of the Corporation whose official duties require such inspection or disclosure for the purpose of, but only to the extent necessary in, considering such returns and return information pursuant to section 5(c)(1) of the Pension Restoration Act of 1993, except that such inspection or disclosure shall be permitted only upon written request which sets forth the specific reason or reasons why such inspection or disclosure is necessary and which is signed by the head of the bureau or office of the Corporation requesting the inspection or disclosure.''. SEC. 10. REGULATIONS. The Corporation shall, before the effective date set forth in section 12, prescribe the initial regulations necessary to carry out the provisions of this Act. Regulations under this Act shall be prescribed by the Corporation in consultation, as appropriate, with the Secretary of the Treasury and the Secretary of Health and Human Services. SEC. 11. PROGRAM FUNDING. (a) Payment.--The Corporation shall use moneys from the appropriate revolving funds established under section 4005 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1305) to carry out its functions under this Act. (b) Transfers From Trust Funds.--The Corporation shall transfer to the revolving funds described in subsection (a) from the trust funds consisting of assets of terminated plans and employer liability payments amounts equal to the amounts needed to carry out its functions under this Act. SEC. 12. EFFECTIVE DATE. (a) General Rule.--Except as provided in subsection (b), the provisions of this Act shall take effect 60 days after the date of the enactment of this Act. (b) Special Rule.--The provisions of sections 10 and 11 shall take effect on the date of the enactment of this Act. HR 3481 IH----2

Pension Restoration Act of 1993 - Establishes a Federal annuity program, administered by the Pension Benefit Guaranty Corporation, to compensate participants in private pension plans which were terminated before September 1, 1974, for nonforfeitable pension benefits lost by reason of the termination. Sets forth provisions for such annuity program, relating to: (1) entitlement; (2) computation; (3) applications; (4) administrative appeals; (5) judicial review; (6) payment; (7) interagency coordination and cooperation; and (8) regulations. Provides for use of certain funds under the Employee Retirement Income Security Act of 1974 (ERISA) to pay such annuities and the administrative costs of such program.

Pension Restoration Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cuban-American Family Rights Restoration Act''. SEC. 2. TRAVEL BY UNITED STATES NATIONALS AND PERMANENT RESIDENTS TO VISIT FAMILY MEMBERS IN CUBA. (a) In General.--Subject to subsection (c), the President shall not regulate or prohibit, directly or indirectly-- (1) travel to or from Cuba by any United States person, or (2) any of the transactions incident to travel described in paragraph (1) that are set forth in subsection (b), if such travel is for the purpose of visiting a close relative who is a national of Cuba. The President shall rescind all regulations in effect on the date of the enactment of this Act that so regulate or prohibit such travel or transactions. (b) Transactions Incident to Travel.-- (1) In general.--Except as provided in paragraph (2), the transactions referred to in subsection (a) are-- (A) any transactions ordinarily incident to travel to or from Cuba, including the importation into Cuba or the United States of accompanied baggage; (B) any transactions ordinarily incident to travel or maintenance within Cuba, including the payment of living expenses and the acquisition of goods or services for personal use; (C) any transactions ordinarily incident to the arrangement, promotion, or facilitation of travel to, from, or within Cuba; (D) any transactions incident to nonscheduled air, sea, or land voyages, except that this subparagraph does not authorize the carriage of articles into Cuba or the United States except accompanied baggage; and (E) any normal banking transactions incident to the activities described in any of the preceding subparagraphs, including the issuance, clearing, processing, or payment of checks, drafts, travelers checks, credit or debit card instruments, or similar instruments. (2) Exclusion of certain goods.--The transactions described in paragraph (1) do not include the importation into the United States of goods acquired in Cuba, including goods for personal consumption, except for Cuban-origin information and informational materials. (c) Exceptions.--The restrictions on authority contained in this section do not apply in a case in which-- (1) the United States Congress has declared that a state of war exists between the United States and Cuba; or (2) armed hostilities between the two countries are in progress. SEC. 3. REMITTANCES. The President shall not regulate or prohibit, directly or indirectly, any United States person described in section 2(a) from carrying remittances for the purpose of providing such remittances to a close relative who is a national of Cuba. The President shall rescind all regulations in effect on the date of the enactment of this Act that so regulate or prohibit such remittances. SEC. 4. DEFINITIONS. In this Act: (1) Close relative.--The term ``close relative'', as used with respect to any person, means an individual related to that person by blood, marriage, or adoption who is no more than four generations removed from that person or from a common ancestor with that person. (2) National of cuba.--The term ``national of Cuba'' means-- (A) a citizen of Cuba; or (B) a person who, though not a citizen of Cuba, owes permanent allegiance to Cuba. (3) United states person.-- (A) In general.--The term ``United States person'' means-- (i) a national of the United States; or (ii) an alien lawfully admitted for permanent residence in the United States. (B) Lawfully admitted for permanent residence.--The term ``lawfully admitted for permanent residence'' has the meaning given the term in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)). (C) National of the united states.--The term ``national of the United States'' has the meaning given the term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)). SEC. 5. EFFECTIVE DATE; INAPPLICABILITY OF OTHER PROVISIONS. (a) Effective Date.--This Act applies to actions taken by the President before the date of the enactment of this Act which are in effect on such date of enactment, and to actions taken on or after such date. (b) Inapplicability of Other Provisions.--This Act applies notwithstanding any other provision of law, including section 102(h) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)) and section 910(b) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7209(b)).

Cuban-American Family Rights Restoration Act - Prohibits that President from regulating or prohibiting: (1) travel to or from Cuba by any U.S. person; or (2) transactions (baggage, living expenses, personal use goods or services, normal banking transactions) incident to travel for the purpose of visiting a close relative who is a national of Cuba. Directs the President to rescind all regulations that so regulate or prohibit such travel or transactions.

To allow United States nationals and permanent residents to visit family members in Cuba, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corinth Battlefield Preservation Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) in 1996, Congress authorized the establishment and construction of a center-- (A) to facilitate the interpretation of the Siege and Battle of Corinth and other Civil War actions in the area in and around the city of Corinth, Mississippi; and (B) to enhance public understanding of the significance of the Corinth campaign and the Civil War relative to the western theater of operations, in cooperation with-- (i) State or local governmental entities; (ii) private organizations; and (iii) individuals; (2) the Corinth Battlefield was ranked as a priority 1 battlefield having critical need for coordinated nationwide action by the year 2000 by the Civil War Sites Advisory Commission in its report on Civil War Battlefields of the United States; (3) there is a national interest in protecting and preserving sites of historic significance associated with the Civil War; and (4) the States of Mississippi and Tennessee and their respective local units of government-- (A) have the authority to prevent or minimize adverse uses of these historic resources; and (B) can play a significant role in the protection of the historic resources related to the Civil War battles fought in the area in and around the city of Corinth. (b) Purposes.--The purposes of this Act are-- (1) to establish the Corinth Unit of the Shiloh National Military Park-- (A) in the city of Corinth, Mississippi; and (B) in the State of Tennessee; (2) to direct the Secretary of the Interior to manage, protect, and interpret the resources associated with the Civil War Siege and the Battle of Corinth that occurred in and around the city of Corinth, in cooperation with-- (A) the State of Mississippi; (B) the State of Tennessee; (C) the city of Corinth, Mississippi; (D) other public entities; and (E) the private sector; and (3) to authorize a special resource study to identify other Civil War sites area in and around the city of Corinth that-- (A) are consistent with the themes of the Siege and Battle of Corinth; (B) meet the criteria for designation as a unit of the National Park System; and (C) are considered appropriate for inclusion in the Unit. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``Map'' means the map entitled ``Corinth Unit'', numbered 304/80,007, and dated October 1998. (2) Park.--The term ``Park'' means the Shiloh National Military Park. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Unit.--The term ``Unit'' means the Corinth Unit of Shiloh National Military Park established under section 4. SEC. 4. ESTABLISHMENT OF CORINTH UNIT OF SHILOH NATIONAL MILITARY PARK. (a) In General.--There is established in the States of Mississippi and Tennessee the Corinth Unit of the Shiloh National Military Park. (b) Composition of Unit.--The Unit shall be comprised of-- (1) the tract consisting of approximately 20 acres generally depicted as ``Park Boundary'' on the Map, and containing-- (A) the Battery Robinett; and (B) the site of the interpretive center authorized under section 602 of division I of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 430f-5); and (2) any additional land that the Secretary determines to be suitable for inclusion in the Unit that-- (A) is under the ownership of a public entity or nonprofit organization; and (B) has been identified by the Siege and Battle of Corinth National Historic Landmark Study, dated January 8, 1991. (c) Availability of Map.--The Map shall be on file and available for public inspection in the office of the Director of the National Park Service. SEC. 5. LAND ACQUISITION. (a) In General.--The Secretary may acquire land and interests in land within the boundary of the Park as depicted on the Map, by-- (1) donation; (2) purchase with donated or appropriated funds; or (3) exchange. (b) Exception.--Land may be acquired only by donation from-- (1) the State of Mississippi (including a political subdivision of the State); (2) the State of Tennessee (including a political subdivision of the State); or (3) the organization known as ``Friends of the Siege and Battle of Corinth''. SEC. 6. PARK MANAGEMENT AND ADMINISTRATION. (a) In General.--The Secretary shall administer the Unit in accordance with this Act and the laws generally applicable to units of the National Park System, including-- (1) the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.); and (2) the Act entitled ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.). (b) Duties.--In accordance with section 602 of division I of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 430f- 5), the Secretary shall-- (1) commemorate and interpret, for the benefit of visitors and the general public, the Siege and Battle of Corinth and other Civil War actions in the area in and around the city of Corinth within the larger context of the Civil War and American history, including the significance of the Civil War Siege and Battle of Corinth in 1862 in relation to other operations in the western theater of the Civil War; and (2) identify and preserve surviving features from the Civil War era in the area in and around the city of Corinth, including both military and civilian themes that include-- (A) the role of railroads in the Civil War; (B) the story of the Corinth contraband camp; and (C) the development of field fortifications as a tactic of war. (c) Cooperative Agreements.-- (1) In general.--To carry this Act, the Secretary may enter into cooperative agreements with entities in the public and private sectors, including-- (A) colleges and universities; (B) historical societies; (C) State and local agencies; and (D) nonprofit organizations. (2) Technical assistance.--To develop cooperative land use strategies and conduct activities that facilitate the conservation of the historic, cultural, natural, and scenic resources of the Unit, the Secretary may provide technical assistance, to the extent that a recipient of technical assistance is engaged in the protection, interpretation, or commemoration of historically significant Civil War resources in the area in and around the city of Corinth, to-- (A) the State of Mississippi (including a political subdivision of the State); (B) the State of Tennessee (including a political subdivision of the State); (C) a governmental entity; (D) a nonprofit organization; and (E) a private property owner. (d) Resources Outside the Unit.--Nothing in subsection (c)(2) authorizes the Secretary to own or manage any resource outside the Unit. SEC. 7. AUTHORIZATION OF SPECIAL RESOURCE STUDY. (a) In General.--To determine whether certain additional properties are appropriate for inclusion in the Unit, the Secretary shall conduct a special resource study of land in and around the city of Corinth, Mississippi, and nearby areas in the State of Tennessee that-- (1) have a relationship to the Civil War Siege and Battle of Corinth in 1862; and (2) are under the ownership of-- (A) the State of Mississippi (including a political subdivision of the State); (B) the State of Tennessee (including a political subdivision of the State); (C) a nonprofit organization; or (D) a private person. (b) Contents of Study.--The study shall-- (1) identify the full range of resources and historic themes associated with the Civil War Siege and Battle of Corinth in 1862, including the relationship of the campaign to other operations in the western theater of the Civil War that occurred in-- (A) the area in and around the city of Corinth; and (B) the State of Tennessee; (2) identify alternatives for preserving features from the Civil War era in the area in and around the city of Corinth, including both military and civilian themes involving-- (A) the role of the railroad in the Civil War; (B) the story of the Corinth contraband camp; and (C) the development of field fortifications as a tactic of war; (3) identify potential partners that might support efforts by the Secretary to carry out this Act, including-- (A) State entities and their political subdivisions; (B) historical societies and commissions; (C) civic groups; and (D) nonprofit organizations; (4) identify alternatives to avoid land use conflicts; and (5) include cost estimates for any necessary activity associated with the alternatives identified under this subsection, including-- (A) acquisition; (B) development; (C) interpretation; (D) operation; and (E) maintenance. (c) Report.--Not later than 1 year and 180 days after the date on which funds are made available to carry out this section, the Secretary shall submit a report describing the findings of the study under subsection (a) to-- (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Resources of the House of Representatives. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act, including $3,000,000 for the construction of an interpretive center under section 602(d) of division I of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 430f-5(d)).

Corinth Battlefield Preservation Act of 1999 - Establishes the Corinth Unit of the Shiloh National Military Park in the States of Mississippi and Tennessee to be composed of: (1) the Battery Robinett and the site of the interpretative center authorized under the Omnibus Parks and Public Lands Management Act of 1996; and (2) any additional land the Secretary of the Interior determines is suitable for inclusion that is owned by a public entity or nonprofit organization and identified by the Siege and Battle of Corinth National Historic Landmark Study, dated January 8, 1991. Requires the Secretary to study and report to specified congressional committees on whether certain additional properties are appropriate for inclusion in the Unit. Authorizes appropriations.

Corinth Battlefield Preservation Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Caging Prohibition Act of 2009''. SEC. 2. PROHIBITION ON VOTER CAGING. (a) Definitions.--In this section: (1) Voter caging document.--The term ``voter caging document'' means-- (A) any nonforwardable document that is sent to an individual at the address at which such individual is registered or seeking to become registered as a voter in a Federal election and that is returned to the sender or to a third party as undelivered or undeliverable; and (B) any document (other than a notice described in section 8(d) of the National Voter Registration Act of 1993) that is sent to an individual at the address at which such individual is registered as a voter in a Federal election and that contains instructions to return the document to the sender or a third party but is not so returned. (2) Voter caging list.--The term ``voter caging list'' means any list of individuals compiled from voter caging documents. (3) Unverified list match.--The term ``unverified list match'' means a list produced by either of the following: (A) Matching-- (i) the identity of registered voters or applicants for voter registration, with (ii) the identity of individuals who are ineligible to vote in the registrar's jurisdiction, by virtue of death, conviction, change of address, mental impairment, or otherwise, unless the process for matching the identities under this subparagraph establishes beyond a reasonable doubt that the identities belong to the same individual. (B) Failing to match-- (i) the identity of registered voters or applicants for voter registration, with (ii) the identity of individuals who are listed in the database of the State motor vehicle authority or in information provided by the Commissioner of Social Security under an agreement under section 205(r)(8) of the Social Security Act (42 U.S.C. 405(r)(8)). (b) Conduct by Election Officials Prohibited.--No State or local election official shall prevent an individual from registering or voting (including voting by provisional ballot) in any election for Federal office, or permit in connection with any election for Federal office a formal challenge under State law to an individual's registration status or eligibility to vote (including eligibility to cast a provisional ballot), if the sole basis for such decision or challenge is evidence consisting of-- (1) a voter caging document or voter caging list; (2) an unverified list match; (3) the foreclosure status of the individual's residence; or (4) information indicating a change of residence, except in the case of change of residence information obtained in conformance with section 8(d) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(d)). (c) Requirements for Challenges by Persons Other Than Election Officials.-- (1) Attestation of first-hand knowledge of ineligibility.-- No person, other than a State or local election official, shall submit a formal challenge to an individual's eligibility to register to vote in an election for Federal office or to vote in an election for Federal office unless the challenge-- (A) sets forth in writing the specific reason to believe that the individual who is the subject of the challenge is ineligible, including a description of the evidence supporting that belief; and (B) is subject to an oath or attestation under penalty of perjury that such individual is ineligible to register to vote or to vote in that election. (2) Prohibiting challenges based on certain evidence.--No person shall submit a formal challenge to an individual's eligibility to register to vote in an election for Federal office or to vote in an election for Federal office if the sole basis for such challenge is evidence consisting of-- (A) a voter caging document or voter caging list; (B) an unverified list match; (C) the foreclosure status of the individual's residence; or (D) information indicating a change of residence, except in the case of change of residence information obtained in conformance with section 8(d) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(d)). (3) Penalties for knowing misconduct.--Whoever, other than a State or local election official, knowingly challenges the eligibility of any individual to register or vote or knowingly causes the eligibility of such individuals to be challenged in violation of paragraph (1) or (2) with the intent that one or more such individuals be disqualified from voting, shall be fined not more than $50,000 for each such violation. (d) No Effect on National Voter Registration Act of 1993.--Nothing in this section shall be construed to override the protections of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.).

Caging Prohibition Act of 2009 - Prohibits state or local election officials from preventing an individual from registering or voting (including by provisional ballot) in any election for federal office, or permitting a formal challenge under state law to an individual's registration status or eligibility to vote in a federal election, if the sole basis for such decision or challenge is evidence consisting of: (1) a voter caging document or voter caging list; (2) an unverified match list; (3) the foreclosure status of the individual's residence; or (4) certain information indicating a change of residence. Defines "voter caging document" as: (1) any nonforwardable document that is sent to an individual at the address at which such individual is registered (or seeking to become registered) as a voter in a federal election, and that is returned to the sender or to a third party as undelivered or undeliverable; and (2) any document (other than a notice warning of possible removal from the voting rolls) sent to an individual at the address at which such individual is registered containing instructions to return the document to the sender or a third party, but is not so returned. Defines "unverified match list" as one produced by: (1) matching the identity of registered voters or voter registration applicants with the identity of individuals who are ineligible to vote in the registrar's jurisdiction, by virtue of death, conviction, change of address, mental impairment, or otherwise, unless the process for matching the identities establishes beyond a reasonable doubt that the identities belong to the same individual; or (2) failing to match the identity of registered voters or voter registration applicants with the identity of individuals listed in the database of the state motor vehicle authority or in information provided by the Commissioner of Social Security under a verification agreement. Outlines requirements for challenges to an individual's registration or voting eligibility by persons other than election officials.

A bill to prevent voter caging.

SECTION 1. FINDINGS. (a) Findings.--Congress makes the following findings: (1) In section 1412 of the Department of Defense Authorization Act, 1986 (Public Law 99-145; 50 U.S.C. 1521), Congress required the Secretary of Defense to carry out the destruction of the United States stockpile of lethal chemical agents and munitions. In subsection (c)(1)(A) of that section, Congress required that the Secretary, in carrying out the stockpile elimination, provide for maximum protection for the environment, the general public, and the personnel involved in the destruction of lethal chemical agents and munitions. (2) In order to carry out the statutory requirement to provide maximum protection for the general public while carrying out the destruction of the chemical munitions stockpile, the Secretary of the Army, as executive agent for the chemical munitions stockpile destruction program, established the Chemical Stockpile Emergency Preparedness Program (CSEPP) to enhance the capabilities of local communities to respond to an emergency arising from a chemical munitions stockpile site. In furtherance of that emergency preparedness program, the Secretary entered into an agreement with the Federal Emergency Management Agency to provide Federal emergency response funds and assistance to State and local emergency management agencies for the purpose of that program. (3) The Comptroller General of the United States, in a report to Congress in February 1994 entitled ``Chemical Weapons Stockpile: Army's Emergency Preparedness Program Has Been Slow To Achieve Results'' (GAO NSIAD-94-91), reported the following: (A) Although the Army has worked for five years and spent about $200,000,000, communities near chemical weapons storage sites are not yet prepared to respond to a chemical emergency. (B) The Chemical Stockpile Emergency Preparedness Program has experienced delays in acquiring and installing essential equipment, such as warning sirens and automated systems. (C) Although planning documents for the Chemical Stockpile Emergency Preparedness Program identify requirements for installation of warning sirens to alert surrounding communities, for tone alert radios to provide instructions on what protective actions to take, for computer automation to help local officials plan for evacuations, and for sheltering-in-place for persons who, because of their proximity to the chemical weapons storage site, would not have time to evacuate, the communities involved do not yet have the equipment needed to perform these tasks. (D) Weaknesses in program management have contributed to program delays. (E) Officials in many of the States and counties visited by investigators of the General Accounting Office for purposes of the Comptroller General's report said that, because of the lack of guidance and standards, they are unable to complete their emergency response plans. (F) Delays in acquiring and installing warning sirens and tone alert radios have occurred for several reasons, including disputes between some counties and the State or the Federal Emergency Management Agency over the numbers and placement of the sirens. (G) Although the Federal Emergency Management Agency has administered nearly 70 percent of funds allocated for the Chemical Stockpile Emergency Preparedness Program--$130,000,000 out of a total of $200,000,000--it could not accurately account for how those funds were spent. (b) Conclusion.--In light of the findings in subsection (a), Congress is greatly concerned that the funds being provided for the Chemical Stockpile Emergency Preparedness Program are not being allocated to provide the maximum protection for the general public as required by section 1512(c)(1)(A) of Public Law 99-145. SEC. 2. REPORT ON EXPENDITURES. (a) Report Requirement.--Not later than 60 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committee on National Security of the House of Representatives and the Committee on Armed Services of the Senate a report on expenditures for the Chemical Stockpile Emergency Preparedness Program since 1986. (b) Accounting Requirement.--The report shall contain a detailed accounting of all expenditures related to the Chemical Stockpile Emergency Preparedness Program, shown by expenditures for administration, personnel (including those on the State and local level), travel, contract work, communications, automation, alert and notification devices, and emergency operations centers. (c) Justification.--The report shall include a justification for all of the monies expended for the Chemical Stockpile Emergency Preparedness Program administration, as well as a detailed plan for reducing administrative costs under that program in order to allow more money to pass to the communities near chemical stockpile sites in pursuance of the statutory requirement that the Secretary of Defense, in carrying out the chemical munitions stockpile destruction program, provide for maximum protection for the general public. SEC. 3. PLACEMENT OF ADDITIONAL WARNING SIRENS. In order to expedite accomplishment of the statutory requirement that the Secretary of Defense, in carrying out the chemical munitions stockpile destruction program, provide maximum protection to the general public, the Secretary of the Army shall approve immediate placement of a minimum of three additional outdoor sirens in every county in the United States that is situated within a designated Immediate Response Zone (IRZ) and Protective Action Zone (PAZ) covered by the Chemical Stockpile Emergency Preparedness Program. Those sirens shall be placed within each such county at the discretion of the director of the county Emergency Management Agency. Funds for the sirens shall be provided from funds available for the Chemical Stockpile Emergency Preparedness Program.

Directs the Secretary of the Army to report to specified congressional committees on expenditures for the Chemical Stockpile Emergency Preparedness Program since 1986, requiring: (1) an accounting for the various expenses under the Program; and (2) a justification for all Program administrative expenses. Directs the Secretary to approve immediate placement of a minimum of three additional outdoor sirens (to warn local citizens of possible emergencies arising out of the destruction of chemical munitions at a stockpile site) in every county in the United States that is situated within a designated immediate response and protective action zone. Requires funds for the sirens to be provided from Program funding.

To require the Secretary of the Army to submit to Congress a report regarding the management of the Chemical Stockpile Emergency Preparedness Program and to require that additional emergency warning sirens be provided for communities near chemical stockpile sites.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Abraham Lincoln Bicentennial 1-Cent Coin Redesign Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Abraham Lincoln, the 16th President, was one of the Nation's greatest leaders, demonstrating true courage during the Civil War, one of the greatest crises in the Nation's history. (2) Born of humble roots in Hardin County, Kentucky, on February 12, 1809, Abraham Lincoln rose to the Presidency through a combination of honesty, integrity, intelligence, and commitment to the United States. (3) With the belief that all men are created equal, Abraham Lincoln led the effort to free all slaves in the United States. (4) Abraham Lincoln had a generous heart, with malice toward none and with charity for all. (5) Abraham Lincoln gave the ultimate sacrifice for the country he loved, dying from an assassin's bullet on April 15, 1865. (6) All Americans could benefit from studying the life of Abraham Lincoln, for Lincoln's life is a model for accomplishing the ``American dream'' through honesty, integrity, loyalty, and a lifetime of education. (7) The year 2009 will be the bicentennial anniversary of the birth of Abraham Lincoln. (8) Abraham Lincoln was born in Kentucky, grew to adulthood in Indiana, achieved fame in Illinois, and led the nation in Washington, D.C. (9) The so-called ``Lincoln cent'' was introduced in 1909 on the 100th anniversary of Lincoln's birth, making the obverse design the most enduring on the nation's coinage. (10) President Theodore Roosevelt was so impressed by the talent of Victor David Brenner that the sculptor was chosen to design the likeness of President Lincoln for the coin, adapting a design from a plaque Brenner had prepared earlier. (11) In the nearly 100 years of production of the ``Lincoln cent'', there have been only 2 designs on the reverse: the original, featuring 2 wheat-heads in memorial style enclosing mottoes, and the current representation of the Lincoln Memorial in Washington, D.C. (12) On the occasion of the bicentennial of President Lincoln's birth and the 100th anniversary of the production of the Lincoln cent, it is entirely fitting to issue a series of 1-cent coins with designs on the reverse that are emblematic of the 4 major periods of President Lincoln's life. SEC. 3. REDESIGN OF LINCOLN CENT FOR 2009. (a) In General.--During the year 2009, the Secretary of the Treasury shall issue 1-cent coins in accordance with the following design specifications: (1) Obverse.--The obverse of the 1-cent coin shall continue to bear the Victor David Brenner likeness of President Abraham Lincoln. (2) Reverse.--The reverse of the coins shall bear 4 different designs each representing a different aspect of the life of Abraham Lincoln, such as-- (A) his birth and early childhood in Kentucky; (B) his formative years in Indiana; (C) his professional life in Illinois; and (D) his presidency, in Washington, D.C. (b) Issuance of Redesigned Lincoln Cents in 2009.-- (1) Order.--The 1-cent coins to which this section applies shall be issued with 1 of the 4 designs referred to in subsection (a)(2) beginning at the start of each calendar quarter of 2009. (2) Number.--The Secretary shall prescribe, on the basis of such factors as the Secretary determines to be appropriate, the number of 1-cent coins that shall be issued with each of the designs selected for each calendar quarter of 2009. (c) Design Selection.--The designs for the coins specified in this section shall be chosen by the Secretary---- (1) after consultation with the Abraham Lincoln Bicentennial Commission and the Commission of Fine Arts; and (2) after review by the Citizens Coinage Advisory Committee. SEC. 4. REDESIGN OF REVERSE OF 1-CENT COINS AFTER 2009. The design on the reverse of the 1-cent coins issued after December 31, 2009 shall bear an image emblematic of President Lincoln's preservation of the United States of America as a single and united country. SEC. 5. NUMISMATIC PENNIES WITH THE SAME METALLIC CONTENT AS THE 1909 PENNY. The Secretary of the Treasury shall issue 1-cent coins in 2009 with the exact metallic content as the 1-cent coin contained in 1909 in such number as the Secretary determines to be appropriate for numismatic purposes SEC. 6. SENSE OF THE CONGRESS. It is the sense of the Congress that the original Victor David Brenner design for the 1-cent coin was a dramatic departure from previous American coinage that should be reproduced, using the original form and relief of the likeness of Abraham Lincoln, on the 1-cent coins issued in 2009.

Abraham Lincoln Bicentennial 1-Cent Coin Redesign Act - Directs the Secretary of the Treasury, during 2009, to issue one-cent coins with the reverse side bearing four different designs representing different aspects of the life of Abraham Lincoln.

To provide for the redesign of the reverse of the Lincoln 1-cent coin in 2009 in commemoration of the 200th anniversary of the birth of President Abraham Lincoln.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Corporate Expatriation and Invest in America's Infrastructure Act of 2014''. SEC. 2. MODIFICATIONS TO RULES RELATING TO INVERTED CORPORATIONS. (a) In General.--Subsection (b) of section 7874 of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Inverted Corporations Treated as Domestic Corporations.-- ``(1) In general.--Notwithstanding section 7701(a)(4), a foreign corporation shall be treated for purposes of this title as a domestic corporation if-- ``(A) such corporation would be a surrogate foreign corporation if subsection (a)(2) were applied by substituting `80 percent' for `60 percent', or ``(B) such corporation is an inverted domestic corporation. ``(2) Inverted domestic corporation.--For purposes of this subsection, a foreign corporation shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-- ``(A) the entity completes after May 8, 2014, the direct or indirect acquisition of-- ``(i) substantially all of the properties held directly or indirectly by a domestic corporation, or ``(ii) substantially all of the assets of, or substantially all of the properties constituting a trade or business of, a domestic partnership, and ``(B) after the acquisition, either-- ``(i) more than 50 percent of the stock (by vote or value) of the entity is held-- ``(I) in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation, or ``(II) in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership, or ``(ii) the management and control of the expanded affiliated group which includes the entity occurs, directly or indirectly, primarily within the United States, and such expanded affiliated group has significant domestic business activities. ``(3) Exception for corporations with substantial business activities in foreign country of organization.--A foreign corporation described in paragraph (2) shall not be treated as an inverted domestic corporation if after the acquisition the expanded affiliated group which includes the entity has substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. For purposes of subsection (a)(2)(B)(iii) and the preceding sentence, the term `substantial business activities' shall have the meaning given such term under regulations in effect on May 8, 2014, except that the Secretary may issue regulations increasing the threshold percent in any of the tests under such regulations for determining if business activities constitute substantial business activities for purposes of this paragraph. ``(4) Management and control.--For purposes of paragraph (2)(B)(ii)-- ``(A) In general.--The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of an expanded affiliated group is to be treated as occurring, directly or indirectly, primarily within the United States. The regulations prescribed under the preceding sentence shall apply to periods after May 8, 2014. ``(B) Executive officers and senior management.-- Such regulations shall provide that the management and control of an expanded affiliated group shall be treated as occurring, directly or indirectly, primarily within the United States if substantially all of the executive officers and senior management of the expanded affiliated group who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the expanded affiliated group are based or primarily located within the United States. Individuals who in fact exercise such day-to-day responsibilities shall be treated as executive officers and senior management regardless of their title. ``(5) Significant domestic business activities.--For purposes of paragraph (2)(B)(ii), an expanded affiliated group has significant domestic business activities if at least 25 percent of-- ``(A) the employees of the group are based in the United States, ``(B) the employee compensation incurred by the group is incurred with respect to employees based in the United States, ``(C) the assets of the group are located in the United States, or ``(D) the income of the group is derived in the United States, determined in the same manner as such determinations are made for purposes of determining substantial business activities under regulations referred to in paragraph (3) as in effect on May 8, 2014, but applied by treating all references in such regulations to `foreign country' and `relevant foreign country' as references to `the United States'. The Secretary may issue regulations decreasing the threshold percent in any of the tests under such regulations for determining if business activities constitute significant domestic business activities for purposes of this paragraph.''. (b) Conforming Amendments.-- (1) Clause (i) of section 7874(a)(2)(B) of such Code is amended by striking ``after March 4, 2003,'' and inserting ``after March 4, 2003, and before May 9, 2014,''. (2) Subsection (c) of section 7874 of such Code is amended-- (A) in paragraph (2)-- (i) by striking ``subsection (a)(2)(B)(ii)'' and inserting ``subsections (a)(2)(B)(ii) and (b)(2)(B)(i)'', and (ii) by inserting ``or (b)(2)(A)'' after ``(a)(2)(B)(i)'' in subparagraph (B), (B) in paragraph (3), by inserting ``or (b)(2)(B)(i), as the case may be,'' after ``(a)(2)(B)(ii)'', (C) in paragraph (5), by striking ``subsection (a)(2)(B)(ii)'' and inserting ``subsections (a)(2)(B)(ii) and (b)(2)(B)(i)'', and (D) in paragraph (6), by inserting ``or inverted domestic corporation, as the case may be,'' after ``surrogate foreign corporation''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after May 8, 2014. SEC. 3. TRANSFERS TO HIGHWAY TRUST FUND. (a) In General.--Section 9503(f) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Additional appropriations to trust fund.--Out of money in the Treasury not otherwise appropriated, there is hereby appropriated-- ``(A) $15,566,000,000 to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund, and ``(B) $3,891,000,000 to the Mass Transit Account in the Highway Trust Fund.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Stop Corporate Expatriation and Invest in America's Infrastructure Act of 2014 - Amends the Internal Revenue Code to revise rules for the taxation of inverted corporations (i.e., U.S. corporations that acquire foreign companies to reincorporate in a foreign jurisdiction with income tax rates lower than the United States) to provide that a foreign corporation that acquires the properties of a U.S. corporation or partnership after May 8, 2014, shall be treated as an inverted corporation and thus subject to U.S. taxation if, after such acquisition: (1) it holds more than 50% of the stock of the new entity (expanded affiliated group), or (2) the management or control of the new entity occurs primarily within the United States and the new entity has significant domestic business activities. Authorizes additional appropriations to the Highway Account and Mass Transit Account in the Highway Trust Fund.

Stop Corporate Expatriation and Invest in America's Infrastructure Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing in States to Achieve Tuition Equality for Dreamers Act of 2014'' or ``IN STATE Act of 2014''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The non-partisan Congressional Budget Office found that comprehensive immigration reform would reduce the national deficit by billions, strengthen Social Security solvency, increase the number of jobs, and raise Gross Domestic Product. (2) According to a report by the Partnership for a New American Economy, in 2010 more than 40 percent of Fortune 500 companies were founded by immigrants or their children, generating a combined revenue of $4,200,000,000,000. (3) Thousands of deferred action childhood arrival students graduate from high schools in the United States every year but only a small fraction of those students enroll in higher education. (4) Many jobs in the 21st century economy require some form of postsecondary education. (5) Education provides an important pathway to the middle class; college graduates have higher earnings and lower unemployment rates than their less educated peers. (6) Since 2008, States are spending 28 percent less per student in higher education, and tuition and fees continue to rise. The increased costs are being shifted to students and student loan debt continues to grow. (7) Investments in higher education provide youth a ladder to achieving the American dream. (b) Purposes.--The purposes of this Act are to-- (1) allow States to provide immigrant students timely and affordable access to higher education; (2) incentivize States to maintain support for higher education; and (3) promote increased access and affordability to postsecondary education for students through State need-based financial aid. SEC. 3. AMERICAN DREAM GRANTS. (a) In General.--Subpart 4 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070c et seq.) is amended by adding at the end the following: ``SEC. 415G. AMERICAN DREAM GRANTS. ``(a) Dreamer Students.-- ``(1) In general.--In this section, the term `Dreamer student' means an individual who-- ``(A) was younger than 16 years of age on the date on which the individual initially entered the United States; ``(B) has provided a list of each secondary school (as that term is defined in section 9101 of the Elementary and Secondary Education Act of 1965) that the student attended in the United States; and ``(C)(i) has earned a high school diploma or a commensurate alternative award from a public or private high school or secondary school, has obtained a general education development certificate recognized under State law, has obtained a high school equivalency diploma in the United States, or is scheduled to complete the requirements for such a credential before the next academic year begins; ``(ii) has acquired a degree from an institution of higher education or has completed not less than 2 years, in good standing, in a program for a bachelor's degree or higher degree in the United States; or ``(iii) has served in the uniformed services for not less than 4 years and, if discharged, received an honorable discharge. ``(2) Hardship exception.--The Secretary shall issue regulations that direct when a State shall waive the requirement of subparagraph (A) or (B), or both, of paragraph (1) to qualify as a Dreamer student under paragraph (1), if the individual-- ``(A) demonstrates compelling circumstances for the inability to satisfy the requirement of such subparagraph (A) or (B), or both; and ``(B) satisfies the requirement under subparagraph (C) of paragraph (1). ``(b) Grants to States.-- ``(1) Reservation for administration.--From the amounts appropriated to carry out this section for each fiscal year, the Secretary may reserve not more than 1 percent of such amounts to administer this section. ``(2) Grants authorized to eligible states.--From the amounts appropriated to carry out this section for each fiscal year and not reserved under paragraph (1), the Secretary shall award grants to eligible States to enable the States to carry out the activities described in this section. ``(3) Eligibility.--A State is eligible to receive a grant under this section if the State-- ``(A) increases access and affordability to higher education for students by-- ``(i) offering in-State tuition for Dreamer students; or ``(ii) expanding in-State financial aid to Dreamer students; and ``(B) submits an application to the Secretary that contains an assurance that-- ``(i) the State has made significant progress establishing a longitudinal data system that includes the elements described in section 6201(e)(2)(D) of the America COMPETES Act (20 U.S.C. 9871(e)(2)(D)); and ``(ii) notwithstanding any other provision of law, the State will not discriminate, in awarding student financial assistance or determining who is eligible for in-State tuition, against a Dreamer student if the student would otherwise be eligible for in- State financial aid. ``(4) Allotments.--The Secretary shall allot the amount appropriated to carry out this section for each fiscal year and not reserved under paragraph (1) among the eligible States in proportion to the number of Dreamer students enrolled at least half-time in postsecondary education who reside in the State for the most recent fiscal year for which satisfactory data are available, compared to the number of such students who reside in all eligible States for that fiscal year. ``(c) Supplement Not Supplant.--Grant funds awarded under this section shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this section. ``(d) Authorization and Appropriation of Funds.--There are authorized to be appropriated, and there are appropriated, to carry out this section-- ``(1) $55,000,000 for fiscal year 2015; ``(2) $55,000,000 for fiscal year 2016; ``(3) $60,000,000 for fiscal year 2017; ``(4) $60,000,000 for fiscal year 2018; ``(5) $75,000,000 for fiscal year 2019; ``(6) $75,000,000 for fiscal year 2020; ``(7) $85,000,000 for fiscal year 2021; ``(8) $85,000,000 for fiscal year 2022; ``(9) $100,000,000 for fiscal year 2023; and ``(10) $100,000,000 for fiscal year 2024.''. (b) Offset.--Section 281 of the Immigration and Nationality Act (8 U.S.C. 1351) is amended-- (1) by striking ``The fees'' and inserting the following: ``(a) In General.--The fees''; (2) by striking ``: Provided, That nonimmigrant visas'' and inserting the following: ``(b) United Nations Visitors.--Nonimmigrant visas''; (3) by striking ``Subject to'' and inserting the following: ``(c) Fee Waivers or Reductions.--Subject to''; and (4) by adding at the end the following: ``(d) F-1 Visa Fee.--In addition to the fees authorized under subsection (a), the Secretary of Homeland Security shall collect a $150 fee from each nonimmigrant admitted under section 101(a)(15)(F)(i), which fee shall be deposited in the general fund of the Treasury.''. (c) Restoration of State Option To Determine Residency for Purposes of Higher Education.-- (1) Repeal.--Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed. (2) Effective date.--The repeal under paragraph (1) shall take effect as if included in the original enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208). (d) Naturalization.--Section 328(a) (8 U.S.C. 1439(a)) is amended by inserting ``, without having been lawfully admitted to the United States for permanent residence, and'' after ``naturalized''.

Investing in States to Achieve Tuition Equality for Dreamers Act of 2014 or the IN STATE Act of 2014 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Secretary of Education to allot grants to states to offer Dreamer students in-state tuition and expand their access to in-state financial aid. Defines a "Dreamer student" as an individual who: was under age 16 upon entering this country, has provided a list of each secondary school the individual attended in this country, and has earned a high school diploma or certain similar credentials or is scheduled to complete the requirements for such a credential before the next academic year begins, has acquired a degree from an institution of higher education or has successfully completed at least 2 years of a program for a bachelor's or higher degree in this country, or has served honorably in the uniformed services for at least 4 years. Directs the Secretary to provide for a hardship exception to either or both of the first two of such requirements. Requires grant applicants to assure the Secretary that they: (1) have made significant progress in establishing a preschool through postsecondary education (P-16) longitudinal data system; and (2) will not discriminate against Dreamer students in awarding student aid or determining who is eligible for in-state tuition, if the student would otherwise be eligible for in-state financial aid as a state resident. Allots grants to each state based on its proportion of resident Dreamer students who are enrolled at least half-time in postsecondary education. Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security (DHS) to collect a specified fee from recipients of F-1 visas, provided to nonimmigrant full-time students. Eliminates the prohibition on states offering unlawful aliens postsecondary benefits on the basis of their residence in the state that are more generous than those offered citizens or naturals of this country, without regard to their state residence. Allows individuals who have served honorably in the U.S. Armed Forces to be naturalized without having been lawfully admitted to this country for permanent residence.

IN STATE Act of 2014

SECTION 1. TEACHER RECRUITMENT, RETENTION, AND TRAINING. (a) In General.--Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended-- (1) by redesignating part E as part F; (2) by redesignating sections 2401 and 2402 as sections 2501 and 2502, respectively; and (3) by inserting after part D the following: ``PART E--TEACHER RECRUITMENT, RETENTION, AND TRAINING ``SEC. 2401. PROGRAM AUTHORIZED. ``(a) In General.--The Secretary is authorized to make grants to local educational agencies to permit such agencies to recruit, retain, and train high-quality teachers by carrying out one or more of the activities described in subsection (b). ``(b) Uses of Funds.-- ``(1) Recruitment, retention, and training activities.--A local educational agency that receives a grant under this part may use the grant funds for any of the following recruitment, retention, and training activities: ``(A) Providing signing bonuses for teachers. ``(B) Carrying out merit pay programs. ``(C) Providing performance bonuses to teachers. ``(D) Providing scholarships to teachers to pursue advanced course work. ``(E) Providing mentoring programs for teachers. ``(F) Coordinating with institutions of higher education to provide professional development for teachers. ``(G) Any other activity that the local educational agency believes to be effective in recruiting, retaining, or training high-quality teachers. ``SEC. 2402. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2002 through 2004.''. (b) Conforming Amendments.--Section 2003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6603) is amended-- (1) in subsection (a), by striking ``part C)'' and inserting ``parts C and E)''; and (2) in subsection (b), by inserting ``(other than parts C and E)'' after ``title''. SEC. 2. LOAN FORGIVENESS FOR TEACHERS. (a) Elimination of New Borrower Restrictions.-- (1) FFEL program.--Section 428J(b) of the Higher Education Act of 1965 (20 U.S.C. 1078-10(b)) is amended by striking ``for any new borrower on or after October 1, 1998, who'' and inserting ``for any borrower who''. (2) Federal direct loan program.--Section 460(b)(1) of such Act (20 U.S.C. 1087j(b)(1)) is amended by striking ``for any new borrower on or after October 1, 1998, who'' and inserting ``for any borrower who''. (b) Expansion of Eligible Teaching Locations and Subjects; Eliminating Delay in Service Benefit.-- (1) FFEL program.--Section 428J(b)(1) of such Act is amended by striking everything preceding subparagraph (B) and inserting the following: ``(1) has been employed as a full-time teacher-- ``(A)(i) in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such schools; ``(ii) as a full-time special education teacher, as described in section 465(a)(2)(C); or ``(iii) as a full-time teacher in any field of expertise where the State educational agency determines there is a shortage of qualified teachers;''. (2) Federal direct loan program.--Section 460(b)(1)(A) of such Act (20 U.S.C. 1087j(b)(1)(A)) is amended by striking everything preceding clause (ii) and inserting the following: ``(A) has been employed as a full-time teacher-- ``(i)(I) in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such schools; ``(II) as a full-time special education teacher, as described in section 465(a)(2)(C); or ``(III) as a full-time teacher in any field of expertise where the State educational agency determines there is a shortage of qualified teachers;''. (c) Amounts Subject to Forgiveness.-- (1) FFEL program.--Section 428J(c) of the Higher Education Act of 1965 (20 U.S.C. 1078-10(c)) is amended by striking paragraph (1) and inserting the following: ``(1) Amount and rate of repayment.--The Secretary shall repay an amount that is not more than $20,000 in the aggregate of the loan obligation on a loan made under section 428 or 428H that is outstanding after the completion of the first complete school year of teaching described in subsection (b)(1) for which the borrower seeks repayment under this section. Such amount shall be repaid at the rate of 15 percent for the first or second year of such service, 20 percent for the third or fourth year of such service, and 30 percent for the fifth year of such service. No borrower may receive a reduction of loan obligations under both this section and section 460.''. (2) Federal direct loan program.--Section 460(c) of such Act (20 U.S.C. 1087j(c)) is amended by striking paragraph (1) and inserting the following: ``(1) Amount and rate of repayment.--The Secretary shall cancel an amount that is not more than $20,000 in the aggregate of the loan obligation on a loan made under section 428 or 428H that is outstanding after the completion of the first complete school year of teaching described in subsection (b)(1)(A). Such amount shall be canceled at the rate of 15 percent for the first or second year of such service, 20 percent for the third or fourth year of such service, and 30 percent for the fifth year of such service.''.

Amends the Elementary and Secondary Education Act of 1965 to establish a new program for teacher recruitment, retention, and training. Authorizes the Secretary of Education to award grants to local educational agencies to recruit, retain, and train high-quality teachers through one or more specified types of activities.Amends the Higher Education Act of 1965 to revise student loan forgiveness for teachers under the Federal Family Education Loan and Federal Direct Loan programs. Expands forgiveness eligibility by: (1) eliminating requirements allowing only certain new borrowers to participate; and (2) increasing the types of eligible teaching locations and subjects. Eliminates a service requirement that an individual teach at least five consecutive complete school years before being eligible for program benefits. Increases to $20,000 the aggregate amount of an individual teacher's student loan obligation which may be forgiven, and revises the rate of repayment.

To amend the Elementary and Secondary Education Act of 1965 to provide grants to local educational agencies for teacher recruitment, retention, and training, and to amend the Higher Education Act of 1965 to expand the program of loan forgiveness for teachers.

TITLE I_AMENDMENTS TO NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT SEC. 101. SHORT TITLE. This title may be cited as the ``National Fish and Wildlife Foundation Improvement Act of 1994''. SEC. 102. COOPERATIVE PROGRAMS WITH NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. Section 2(b) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701) is amended by inserting ``and the National Oceanic and Atmospheric Administration'' after ``the United States Fish and Wildlife Service''. SEC. 103. MEMBERSHIP OF BOARD OF DIRECTORS OF FOUNDATION. (a) Consultations Regarding Appointments._ (1) In general._Section 3(b) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702(b)) is amended by adding at the end the following: ``The Secretary of the Interior shall consult with the Under Secretary of Commerce for Oceans and Atmosphere before appointing any Director of the Board.''. (2) Application._The amendment made by paragraph (1) shall apply to appointments of Directors of the Board of Directors of the National Fish and Wildlife Foundation made after the date of the enactment of this Act. (b) Expansion of Board._Section 3(a) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702(a)) is amended_ (1) in the matter preceding paragraph (1) by striking ``nine'' and inserting ``15''; and (2) in paragraph (2) by striking ``three'' and inserting ``4''. (c) Initial Terms._Of the Directors on the Board of Directors of the National Fish and Wildlife Foundation first appointed pursuant to the amendment made by subsection (b)(1), notwithstanding the second sentence of section 3(b) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702(b))_ (1) 2 shall be appointed to a term of 2 years; (2) 2 shall be appointed to a term of 4 years; and (3) 2 shall be appointed to a term of 6 years; as specified by the Secretary of the Interior at the time of appointment. (d) Completion of Appointments._The Secretary of the Interior shall appoint the additional members of the Board of Directors of the National Fish and Wildlife Foundation authorized by the amendment made by subsection (a), by not later than 60 days after the date of the enactment of this Act. (e) Authority of Board Not Affected._The authority of the Board of Directors of the National Fish and Wildlife Foundation to take any action otherwise authorized by law shall not be affected by reason of the Secretary of the Interior not having completed the appointment of Directors of the Board of Directors of the National Fish and Wildlife Foundation pursuant to the amendment made by subsection (b)(1). SEC. 104. REAUTHORIZATION OF NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT. (a) Reauthorization._Section 10 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is amended_ (1) in subsection (a) by striking ``not to exceed $15,000,000'' and all that follows through the end of the sentence and inserting ``$25,000,000 for each of fiscal years 1994, 1995, 1996, 1997, and 1998.''; and (2) by adding at the end the following: ``(c) Additional Authorization._The amounts authorized to be appropriated under this section are in addition to any amounts provided or available to the Foundation under any other Federal law.''. (b) Clerical Amendment._Section 10(b)(1) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709(b)(1)) is amended by striking ``paragraphs (2) and (3),'' and inserting ``paragraph (2),''. SEC. 105. CONVEYANCE OF SENECAVILLE NATIONAL FISH HATCHERY. (a) Conveyance Authorized._Notwithstanding any other provision of law and within 180 days after the date of the enactment of this Act, the Secretary of the Interior shall convey to the State of Ohio without reimbursement all right, title, and interest of the United States in and to the property known as the Senecaville National Fish Hatchery, located in Senecaville, Ohio, including_ (1) all easements and water rights relating to that property, and (2) all land, improvements, and related personal property comprising that hatchery. (b) Use of Property._All property and interests conveyed under this section shall be used by the Ohio Department of Natural Resources for the Ohio fishery resources management program. (c) Reversionary Interest._All right, title, and interest in and to all property and interests conveyed under this section shall revert to the United States on any date on which any of the property or interests are used other than for the Ohio fishery resources management program. TITLE II_BROWNSVILLE WETLANDS POLICY CENTER SEC. 201. SHORT TITLE. This title may be cited as the ``Brownsville Wetlands Policy Act of 1994''. SEC. 202. ESTABLISHMENT OF WETLANDS POLICY CENTER AT THE PORT OF BROWNSVILLE, TEXAS. (a) Establishment of Center._For purposes of utilizing grants made by the United States Fish and Wildlife Service there may be established in accordance with this title, on property owned or held in trust by the Brownsville Navigation District at the Port of Brownsville, Texas, a wetlands policy center which shall be known as the ``Brownsville Wetlands Policy Center at the Port of Brownsville, Texas'' (in this title referred to as the ``Center''). The Center shall be operated and maintained by the Port of Brownsville with programs to be administered by the University of Texas at Brownsville. (b) Mission of the Center._The primary mission of the Center shall be to utilize the unique wetlands property at the Port of Brownsville and adjacent waters of South Texas to focus on wetland matters for the purposes of protecting, restoring, and maintaining the Lagoon Ecosystems of the Western Gulf of Mexico Region. (c) Board of Directors._The Center shall be governed by a Board of Directors to oversee the management and financial affairs of the Center. The Board of Directors shall be cochaired by the Port of Brownsville, the University of Texas at Brownsville, and the designee of the Director of the Fish and Wildlife Service, and shall include as members other representatives considered appropriate by those cochairs. (d) Oversight of the Center._ (1) Annual report._The Board of Directors of the Center shall prepare an annual report and submit it through the Director of the United States Fish and Wildlife Service to the Congress. (2) Contents._Annual reports under this subsection shall cover the programs, projects, activities, and accomplishments of the Center. The reports shall include a review of the budget of the Center, including all sources of funding received to carry out Center operations. (3) Availability of information._The Board of Directors of the Center shall make available all pertinent information and records to allow preparation of annual reports under this subsection. (4) General accounting office._The Comptroller General of the United States shall periodically submit to the Congress reports on the operations of the Center. SEC. 203. GRANTS. The Director of the United States Fish and Wildlife Service shall, subject to the availability of appropriations, make grants to the Center for use for carrying out activities of the Center. SEC. 204. LEASE. The Director of the United States Fish and Wildlife Service, subject to the availability of appropriations, may enter into a long- term lease with the Port of Brownsville for use by the Center of wetlands property owned by the Port of Brownsville. Terms of the lease shall be negotiated, and the lease shall be signed by both parties, prior to the disposal of any Federal funds pursuant to this title. The lease shall include a provision authorizing the Director to terminate the lease at any time. SEC. 205. OTHER REQUIREMENTS. As conditions of receiving assistance under this title_ (1) the University of Texas at Brownsville shall make available to the Center for fiscal years 1994, 1995, 1996, and 1997_ (A) administrative office space; (B) classroom space; and (C) other in-kind contributions for the Center, including overhead and personnel; and (2) the Port of Brownsville shall make available up to 7,000 acres of Port Property for the programs, projects, and activities of the Center. The Board of Directors of the Center shall include in their annual report under section 202(d) a statement of whether these conditions have been met. SEC. 206. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Director of the United States Fish and Wildlife Service $5,000,000 for fiscal year 1994, $4,000,000 for fiscal year 1995, $4,000,000 for fiscal year 1996; and such sums as may be necessary for fiscal year 1997, for making grants to the Center under section 203, including for use for the establishment, operation, maintenance, and management of the Center. SEC. 207. RELATIONSHIP OF CENTER WITH THE CENTER FOR ENVIRONMENTAL STUDIES AND SERVICES, CORPUS CHRISTI, TEXAS. None of the funds appropriated pursuant to this title may be used to relocate any of the administrative operations of the United States Fish and Wildlife Service from the Center for Environmental Studies and Services Building on the campus of Corpus Christi State University, to the Brownsville Wetlands Policy Center at the Port of Brownsville, Texas, established pursuant to this title. TITLE III_WALTER B. JONES CENTER FOR THE SOUNDS AT THE POCOSIN LAKES NATIONAL WILDLIFE REFUGE SEC. 301. 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. (6) Throughout his congressional career, the Honorable Walter B. Jones was a strong supporter of the National Wildlife Refuge System. (7) 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. (8) 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. (9) 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. (10) 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. (11) 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. 302. AUTHORITY TO CONSTRUCT AND OPERATE FACILITY. The Secretary of the Interior may, subject to the availability of appropriations, construct and operate a facility at the Pocosin Lakes National Wildlife Refuge in Tyrrell County, North Carolina, which shall be known as the ``Walter B. Jones Center for the Sounds'', 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. 303. DESIGN. The Secretary of the Interior shall ensure that the design, size, and location of a facility constructed under this title are consistent with the cultural and natural history of the area with which the facility will be concerned. SEC. 304. 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 title, and shall take appropriate steps to seek to obtain such contributions. SEC. 305. 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 title, including steps taken under section 304 to obtain contributions and any such contributions that have been pledged to or received by the United States. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: Amendments to National Fish and Wildlife Foundation Establishment Act Title II: Brownsville Wetlands Policy Center Title III: Walter B. Jones Center for the Sounds at the Pocosin Lakes National Wildlife Refuge Title I: Amendments to National Fish and Wildlife Foundation Establishment Act - National Fish and Wildlife Foundation Improvement Act of 1994 - Amends the National Fish and Wildlife Foundation Establishment Act to: (1) allow private funds donated to the National Fish and Wildlife Foundation to be utilized for activities and services of the National Oceanic and Atmospheric Administration; (2) require the Secretary of the Interior to consult with the Under Secretary of Commerce for Oceans and Atmosphere before appointing any Director of the Board for the foundation; (3) expand Board membership and revise appointment and term provisions; and (4) reauthorize appropriations for such Act through FY 1998. Authorizes the Secretary to convey to Ohio the Senecaville National Fish Hatchery in Senecaville, Ohio, for use in its fishery resources management program. Title II: Brownsville Wetlands Policy Center - Brownsville Wetlands Policy Act of 1994 - Establishes at the Port of Brownsville, Texas, the Brownsville Wetlands Policy Center to use the wetlands property at the Port and adjacent waters of south Texas to focus on wetland matters for the purpose of protecting, restoring, and maintaining the lagoon ecosystems of the western Gulf of Mexico region. Establishes a Board of Directors and provides for Center oversight. Requires the Director of the U.S. Fish and Wildlife Service to make grants for center activities. Authorizes the Director to enter into a lease with the Port for Center use of wetlands property. Authorizes appropriations through FY 1997. Prohibits such funds from being used to relocate operations from the Center for Environmental Studies and Services Building on the campus of Corpus Christi State University, Texas, to the Center. Title III: Walter B. Jones Center for the Sounds at the Pocosin Lakes National Wildlife Refuge - 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. Directs the Secretary to take appropriate steps to obtain such contributions. Sets forth reporting requirements.

National Fish and Wildlife Foundation Improvement Act of 1994

SECTION 1. CONTINUANCE OF CIVILIAN PAY DURING PERIODS OF LAPSED APPROPRIATIONS. (a) Continuance of Pay.--Subchapter III of chapter 55 of title 5, United States Code, is amended by redesignating section 5527 as section 5528 and inserting after section 5526 the following: ``Sec. 5527. Continuance of pay during periods of lapsed appropriations ``(a) For purposes of this section-- ``(1) the term `period of lapsed appropriations', when used with respect to any employee, means any period during which appropriations are not available due to the absence of the timely enactment of any Act or joint resolution appropriating funds for the agency in which that employee is employed; ``(2) the term `pay' means basic and premium pay, allowances, agency contributions for retirement and life and health insurance, and any other element of aggregate compensation (as specified in section 530.202 of title 5 of the Code of Federal Regulations, as in effect on the date of the enactment of this Act, or, in the case of an employee not subject to such section, any similar form of compensation); and ``(3) the term `employee' means an officer or employee of the United States, but does not include a member of a uniformed service. ``(b) For any period of lapsed appropriations, there are appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary for the pay of any employee who was employed as such immediately before the period of lapsed appropriations and who continues in the position in which he was so employed. ``(c)(1) This section does not authorize expenditure of funds during any period of lapsed appropriations for the pay of any employee at a rate in excess of the rate payable for that employee immediately before that period. ``(2) This section shall not be construed to affect the entitlement of any person to an amount of pay which is in excess of the amount payable under this section and to which such person is entitled under other applicable provisions of law. ``(d) Expenditures made for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever the regular appropriation bill becomes law.''. (b) Conforming Amendments.--(1) The heading for subchapter III of chapter 55 of title 5, United States Code, is amended by striking ``AND ASSIGNMENT'' and inserting ``ASSIGNMENT, AND CONTINUANCE''. (2) The analysis for chapter 55 of title 5, United States Code, is amended by striking the item relating to section 5527 and inserting the following: ``5527. Continuance of pay during periods of lapsed appropriations. ``5528. Regulations.''. (3) The analysis for chapter 55 of title 5, United States Code, is further amended by striking ``AND ASSIGNMENT'' in the item relating to subchapter III and inserting ``ASSIGNMENT, AND CONTINUANCE''. SEC. 2. AUTHORITY TO MAKE CERTAIN EXPENDITURES AND OBLIGATIONS DURING LAPSES IN APPROPRIATIONS. (a) Authority To Make Certain Expenditures and Obligations.-- Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section: ``Sec. 1311. Authority to make certain expenditures and obligations during lapses in appropriations ``(a)(1) Notwithstanding section 1341, if any appropriation bill for a fiscal year does not become law prior to the beginning of such fiscal year, an officer or employee of the United States Government or of the District of Columbia may make reasonable expenditures or obligations as may be necessary to avoid losses in revenue, except revenue obtained from user fees. ``(2) Reasonable expenditures or obligations shall mean a rate not in excess of the lower of-- ``(A) the rate provided for such an expenditure or obligation in the corresponding appropriation Act for the preceding fiscal year; or ``(B) the rate provided for in the House or Senate passed appropriation bill for the fiscal year in question. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section shall be available for the period beginning with the first day of such fiscal year and ending with the earlier of-- ``(A) the date on which the applicable appropriation bill for such fiscal year becomes law (whether or not such law provides for such project or activity), and ``(B) the last day of such fiscal year. ``(b) An appropriation or funds made available, or authority granted, pursuant to this section for any fiscal year shall be subject to the terms and conditions imposed with respect to the appropriation made, funds made available, or authority granted for such operations for the preceding fiscal year. ``(c) Expenditures made for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever the regular applicable appropriation bill for such fiscal year becomes law. ``(d) This section shall not apply to operations during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period, or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period.''. (B) Conforming Amendment.--The analysis of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Authority to make certain expenditures and obligations during lapses in appropriations.''. SEC. 3. OMB PLAN IN CASE OF FUNDING LAPSE. Within 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall, by rule, develop a plan setting forth policies and procedures to shutdown all or any part of the Government in an orderly manner during a period of lapsed appropriations. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to fiscal years beginning after September 30, 1995.

Amends Federal civil service law to provide for the continuance of civilian pay at current levels during periods of lapsed appropriations. Provides for an automatic continuing appropriation for the U.S. Government whenever a regular appropriation bill for a fiscal year does not become law prior to the beginning of such fiscal year. Provides that such funds shall be appropriated at a rate not in excess of the lower of the rate provided for such expenditure or obligation in the corresponding appropriation Act for the preceding fiscal year or the rate provided for in the House or Senate appropriation bill for the present fiscal year. Sets forth the terms and conditions relating to such continuing appropriations. Excludes certain operations from the provisions of this Act if during the fiscal year any other provision of law: (1) makes an appropriation, makes funds available, or grants continuation authority for such project or activity for such period; or (2) specifically prohibits funding or authority for such project or activity for such period. Requires the Director of the Office of Management and Budget to develop a plan for the orderly shutdown of all or any part of the Government during a period of lapsed appropriations.

To amend titles 5, 31, and 37 of the United States Code to provide for the continuance of pay and the authority to make certain expenditures and obligations during lapses in appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sunshine for Lobbyists Act of 1993''. SEC. 2. INFORMATION ON FINANCIAL BENEFITS. (a) In General.--Each lobbyist shall make a semiannual report to the Attorney General of a list of each individual financial benefit provided directly or indirectly by the lobbyist (including a financial benefit provided by a lobbyist employed by or a lobbyist who is a member of a lobbyist) to a covered legislative branch official, to an entity that is established, maintained, controlled, or financed by a covered legislative branch official, or to any other person or entity on behalf of or in the name of a covered legislative branch official, disclosing-- (1) with respect to each financial benefit other than one described in paragraph (2), (3), (4), or (5)-- (A) the name and position of the covered legislative branch official or other person or entity to whom or which the financial benefit was provided; (B) the nature of the financial benefit; (C) the date on which the financial benefit was provided; and (D) the value of the financial benefit; (2) with respect to each financial benefit that is in the form of a widely attended reception in the District of Columbia area to which covered legislative branch officials were invited-- (A) the nature of the reception; (B) the date on which the reception occurred; and (C) a single aggregate figure for the expenses incurred by the registrant in connection with the reception; (3) with respect to each financial benefit that is in the form of a conference, retreat, or similar event for or on behalf of covered legislative branch officials that is sponsored by or affiliated with an official congressional organization-- (A) the nature of the conference, retreat, or other event; (B) the date or dates on which the conference, retreat, or other event occurred; (C) the identity of the organization that sponsored or is affiliated with the event; and (D) a single aggregate figure for the expenses incurred by the lobbyist in connection with the conference, retreat, or similar event; (4) with respect to each financial benefit that is in the form of an event that is hosted or cohosted with or in honor of 1 or more covered legislative branch officials-- (A) the name and position of each such covered legislative branch official; (B) the nature of the event; (C) the date on which the event occurred; and (D) the expenses incurred by the lobbyist in connection with the event; and (5) with respect to each financial benefit that is in the form of election campaign fundraising activity-- (A) the name and position of the covered legislative branch official on behalf of whom the fundraising activity was performed; (B) the nature of the fundraising activity; (C) the date or dates on which the fundraising activity was performed; (D) the expenses incurred by the lobbyist in connection with the fundraising activity; and (E) the number of contributions and the aggregate amount of contributions known by the lobbyist to have been made to the covered legislative branch official as a result of the fundraising activity. For purposes of paragraph (2), the term ``widely attended reception'' includes a reception open to members from throughout a given industry or profession or open to individuals representing a range of persons interested in a given matter. (b) Notification.--Two weeks before filing a semi-annual report under subsection (a), the lobbyist filing the report shall provide in writing to any covered legislative branch official who will be listed in the report with a complete list of the financial benefits provided, directly or indirectly, to such official. (c) Exemption.--A list described in subsection (a) need not disclose financial benefits having a value of $20 or less to the extent that the aggregate value of such financial benefits that are provided to or on behalf of a covered legislative branch official or other person or entity during the calendar year in which the semiannual period covered by the report occurs has not exceeded $50. SEC. 3. DEFINITIONS. (1) The term ``lobbyist'' means any individual who is employed or retained by another for financial or other compensation to perform services that include lobbying contacts, other than an individual whose lobbying activities are only incidental to, and are not a significant part of, the services provided by such individual to the client. (2) The term ``client'' means any person who employs or retains another person for financial or other compensation to conduct lobbying activities on its own behalf. An organization whose employees act as lobbyists on its behalf is both a client and an employer of its employee lobbyists. In the case of a coalition or association that employs or retains persons to conduct lobbying activities on behalf of its membership, the client is the coalition or association and not its individual members. (3) The term ``lobbying activities'' means lobbying contacts and efforts in support of such contacts, including preparation and planning activities, research and other background work that is intended for use in contacts, and coordination with the lobbying activities of others. Lobbying activities include grass roots lobbying communications and communications with members, as defined under section 4911 (d)(1)(A) and (d)(3) of the Internal Revenue Code of 1986 and the regulations implementing such provisions, to the extent that such activities are made in direct support of lobbying contacts. (4)(A) The term ``lobbying contact'' means any oral or written communication with a covered legislative branch official made on behalf of a client with regard to-- (i) the formulation, modification, or adoption of Federal legislation (including legislative proposals); (ii) the formulation, modification, or adoption of a Federal rule, regulation, Executive order, or any other program, policy or position of the United States Government; or (iii) the administration or execution of a Federal program or policy (including the negotiation, award, or administration of a Federal contract, grant, loan, permit, or license) except that it does not include communications that are made to executive branch officials in the agency responsible for taking such action who serve in the Senior Executive Service, or who are members of the uniformed services whose pay grade is lower than O-9 under section 201 of title 37, United States Code. (B) The term shall not include communications that are-- (i) made by public officials acting in their official capacity; (ii) made by representatives of a media organization who are primarily engaged in gathering and disseminating news and information to the public; (iii) made in a speech, article, publication or other material that is widely distributed to the public, or through the media; (iv) made on behalf of a foreign principal and disclosed under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.); (v) requests for appointments, requests for the status of a Federal action, or other similar ministerial contacts, if there is no attempt to influence covered legislative branch officials; (vi) made in the course of participation in an advisory committee subject to the Federal Advisory Committee Act; (vii) testimony given before a committee, subcommittee, or office of Congress, or submitted for inclusion in the public record of a hearing conducted by such committee, subcommittee, or office; (viii) information provided in writing in response to a specific written request from a covered legislative branch official; (ix) required by subpoena, civil investigative demand, or otherwise compelled by statute, regulation, or other action of Congress or a Federal agency; (x) made in response to a notice in the Federal Register, Commerce Business Daily, or other similar publication soliciting communications from the public and directed to the agency official specifically designated in the notice to receive such communications; (xi) not possible to report without disclosing information, the unauthorized disclosure of which is prohibited by law; (xii) made to agency officials with regard to judicial proceedings, criminal or civil law enforcement inquiries, investigations or proceedings, or filings required by statute or regulation; (xiii) made in compliance with written agency procedures regarding an adjudication conducted by the agency under section 554 of title 5, United States Code, or substantially similar provisions; (xiv) written comments filed in a public docket and other communications that are made on the record in a public proceeding; (xv) a formal petition for agency action, made in writing pursuant to established agency procedures; and (xvi) made on behalf of an individual with regard to such individual's benefits, employment, other personal matters involving only that individual, or disclosures by that individual pursuant to applicable whistleblower statutes. (5) The term ``covered legislative branch official'' means-- (A) a Member of Congress; (B) an elected officer of Congress; (C) any employee of a Member of the House of Representatives, of a committee of the House of Representatives, or on the leadership staff of the House of Representatives; (D) any employee of a Senator, of a Senate Committee, or on the leadership staff of the Senate; and (E) any employee of a joint committee of the Congress. (6) The term ``financial benefit''-- (A) means anything of value given to, on behalf of, or for the benefit of a covered legislative branch official, including-- (i) a gift; (ii) payment for local or long-distance transportation, entertainment, food, or lodging, whether provided in kind, by purchase of a ticket, by payment in advance or by reimbursement, or otherwise; (iii) a contribution or other payment made to a third party in lieu of an honorarium on the basis of a designation, recommendation, or other specification made by the covered legislative branch official; (iv) reimbursement of an expense; (v) a loan; and (vi) an expenditure made for a conference, retreat, or other event benefiting a covered person, but (B) does not include-- (i) a contribution, as defined in the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), that is required to be reported under that Act, unless the contribution is in the form of participation in a fundraising activity on behalf of a covered legislative branch official, including the solicitation of contributions, hosting or cohosting of a fundraising event, or service on a campaign steering committee or its equivalent; (ii) a modest item of food or refreshments, such as a soft drink, coffee, or doughnut, offered other than as part of a meal; (iii) a greeting card or other item of little intrinsic value, such as a plaque, certificate, or trophy, that is intended solely for presentation; (iv) financial benefits given under circumstances which make it clear that the benefits are motivated by a family relationship rather than the position of the recipient; or (v) financial benefits which are not used and which are promptly returned to the donor.

Sunshine for Lobbyists Act of 1993 - Requires lobbyists to make semi-annual reports to the Attorney General of individual financial benefits provided to a covered legislative branch official, an entity that is established, maintained, or financed by such an official, or any person on behalf of such official that disclose specified information, including: (1) the name and position of the recipient, the nature and value of the benefit, and the date on which the benefit was provided; and (2) with respect to receptions, conferences affiliated with official congressional organizations, events hosted with or in honor of covered officials, or election campaign fund raising activities, the nature and date of, and expenses incurred by the lobbyist in connection with, the event. Requires lobbyists, prior to filing such reports, to provide any covered official listed in the report with a list of the financial benefits provided to such official. Exempts from disclosure any financial benefits having a value of $20 or less to the extent that the aggregate value of benefits provided to a covered official in the calendar year covered by the report has not exceeded $50.

Sunshine for Lobbyists Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assault Weapons Ban and Law Enforcement Protection Act of 2003''. SEC. 2. DEFINITIONS. (a) In General.--Section 921(a)(30) of title 18, United States Code, is amended to read as follows: ``(30) The term `semiautomatic assault weapon' means any of the following: ``(A) The following rifles or copies or duplicates thereof: ``(i) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr, NHM 90, NHM 91, SA 85, SA 93, VEPR; ``(ii) AR-10; ``(iii) AR-15, Bushmaster XM15, Armalite M15, or Olympic Arms PCR; ``(iv) AR70; ``(v) Calico Liberty; ``(vi) Dragunov SVD Sniper Rifle or Dragunov SVU; ``(vii) Fabrique National FN/FAL, FN/LAR, or FNC; ``(viii) Hi-Point Carbine; ``(ix) HK-91, HK-93, HK-94, or HK-PSG-1; ``(x) Kel-Tec Sub Rifle; ``(xi) M1 Carbine; ``(xii) Saiga; ``(xiii) SAR-8, SAR-4800; ``(xiv) SKS with detachable magazine; ``(xv) SLG 95; ``(xvi) SLR 95 or 96; ``(xvii) Steyr AUG; ``(xviii) Sturm, Ruger Mini-14; ``(xix) Tavor; ``(xx) Thompson 1927, Thompson M1, or Thompson 1927 Commando; or ``(xxi) Uzi, Galil and Uzi Sporter, Galil Sporter, or Galil Sniper Rifle (Galatz). ``(B) The following pistols or copies or duplicates thereof: ``(i) Calico M-110; ``(ii) MAC-10, MAC-11, or MPA3; ``(iii) Olympic Arms OA; ``(iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10; or ``(v) Uzi. ``(C) The following shotguns or copies or duplicates thereof: ``(i) Armscor 30 BG; ``(ii) SPAS 12 or LAW 12; ``(iii) Striker 12; or ``(iv) Streetsweeper. ``(D) A semiautomatic rifle that has an ability to accept a detachable magazine, and that has-- ``(i) a folding or telescoping stock; ``(ii) a threaded barrel; ``(iii) a pistol grip; ``(iv) a forward grip; or ``(v) a barrel shroud. ``(E)(i) Except as provided in clause (ii), a semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds. ``(ii) Clause (i) shall not apply to an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. ``(F) A semiautomatic pistol that has the ability to accept a detachable magazine, and has-- ``(i) a second pistol grip; ``(ii) a threaded barrel; ``(iii) a barrel shroud; or ``(iv) the capacity to accept a detachable magazine at a location outside of the pistol grip. ``(G) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. ``(H) A semiautomatic shotgun that has-- ``(i) a folding or telescoping stock; ``(ii) a pistol grip; ``(iii) the ability to accept a detachable magazine; or ``(iv) a fixed magazine capacity of more than 5 rounds. ``(I) A shotgun with a revolving cylinder. ``(J) A frame or receiver that is identical to, or based substantially on the frame or receiver of, a firearm described in any of subparagraphs (A) through (I) or (L). ``(K) A conversion kit. ``(L) A semiautomatic rifle or shotgun originally designed for military or law enforcement use, or a firearm based on the design of such a firearm, that is not particularly suitable for sporting purposes, as determined by the Attorney General. In making the determination, there shall be a rebuttable presumption that a firearm procured for use by the United States military or any Federal law enforcement agency is not particularly suitable for sporting purposes, and a firearm shall not be determined to be particularly suitable for sporting purposes solely because the firearm is suitable for use in a sporting event.''. (b) Related Definitions.--Section 921(a) of such title is amended by adding at the end the following: ``(36) Barrel shroud.--The term `barrel shroud' means a shroud that is attached to, or partially or completely encircles, the barrel of a firearm so that the shroud protects the user of the firearm from heat generated by the barrel, but does not include a slide that encloses the barrel, and does not include an extension of the stock along the bottom of the barrel which does not encircle or substantially encircle the barrel. ``(37) Conversion kit.--The term `conversion kit' means any part or combination of parts designed and intended for use in converting a firearm into a semiautomatic assault weapon, and any combination of parts from which a semiautomatic assault weapon can be assembled if the parts are in the possession or under the control of a person. ``(38) Detachable magazine.--The term `detachable magazine' means an ammunition feeding device that can readily be inserted into a firearm. ``(39) Fixed magazine.--The term `fixed magazine' means an ammunition feeding device contained in, or permanently attached to, a firearm. ``(40) Folding or telescoping stock.--The term `folding or telescoping stock' means a stock that folds, telescopes, or otherwise operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of a firearm. ``(41) Forward grip.--The term `forward grip' means a grip located forward of the trigger that functions as a pistol grip. ``(42) Pistol grip.--The term `pistol grip' means a grip, a thumbhole stock, or any other characteristic that can function as a grip. ``(43) Threaded barrel.--The term `threaded barrel' means a feature or characteristic that is designed in such a manner to allow for the attachment of a firearm as defined in section 5845(a) of the National Firearms Act (26 U.S.C. 5845(a)).''. SEC. 3. ELIMINATION OF SUNSET. Section 110105 of the Public Safety and Recreational Firearms Protection Act is amended-- (1) by striking ``--'' and all that follows through ``(1)''; and (2) by striking ``; and'' and all that follows through ``that date''. SEC. 4. GRANDFATHER PROVISIONS. Section 922(v)(2) of title 18, United States Code, is amended-- (1) by inserting ``(A)'' after ``(2)''; (2) by striking ``on the date of the enactment of this subsection'' and inserting ``as of September 13, 1994''; and (3) by adding after and below the end the following: ``(B) Paragraph (1) shall not apply to any firearm the possession or transfer of which would (but for this subparagraph) be unlawful by reason of this subsection, and which is otherwise lawfully possessed on the date of the enactment of this subparagraph.''. SEC. 5. REPEAL OF CERTAIN EXEMPTIONS. Section 922(v)(3) of title 18, United States Code, is amended by striking ``(3)'' and all that follows through the end of the first sentence and inserting the following: ``(3) Paragraph (1) shall not apply to any firearm that-- ``(A) is manually operated by bolt, pump, level, or slide action; ``(B) has been rendered permanently inoperable; or ``(C) is an antique firearm.''. SEC. 6. REQUIRING BACKGROUND CHECKS FOR THE TRANSFER OF LAWFULLY POSSESSED SEMIAUTOMATIC ASSAULT WEAPONS. Section 922(v) of title 18, United States Code, is amended by adding at the end the following: ``(5) It shall be unlawful for any person to transfer a semiautomatic assault weapon to which paragraph (1) does not apply, except through-- ``(A) a licensed dealer, and for purposes of subsection (t) in the case of such a transfer, the weapon shall be considered to be transferred from the business inventory of the licensed dealer and the dealer shall be considered to be the transferor; or ``(B) a State or local law enforcement agency if the transfer is made in accordance with the procedures provided for in subsection (t) of this section and section 923(g). ``(6) The Attorney General shall establish and maintain, in a timely manner, a record of the make, model, and date of manufacture of any semiautomatic assault weapon which the Attorney General is made aware has been used in relation to a crime under Federal or State law, and the nature and circumstances of the crime involved, including the outcome of relevant criminal investigations and proceedings. The Attorney General shall annually submit the record to the Congress and make the record available to the general public.''. SEC. 7. STRENGTHENING THE BAN ON THE POSSESSION OR TRANSFER OF A LARGE CAPACITY AMMUNITION FEEDING DEVICE. (a) Ban on Transfer of Semiautomatic Assault Weapon With Large Capacity Ammunition Feeding Device.-- (1) In general.--Section 922 of title 18, United States Code, is amended by inserting at the end the following: ``(z) It shall be unlawful for any person to transfer any assault weapon with a large capacity ammunition feeding device.''. (2) Penalties.--Section 924(a) of title 18, United States Code, is amended by adding at the end the following: ``(8) Whoever knowingly violates section 922(z) shall be fined under this title, imprisoned not more than 10 years, or both.''. (b) Certification Requirement.-- (1) In general.--Section 922(w) of title 18, United States Code, is amended-- (A) in paragraph (2), by striking ``on or before the date of enactment of this subsection'' and inserting ``in the United States on or before September 13, 1994''; (B) in paragraph (3)-- (i) by adding ``or'' at the end of subparagraph (B); and (ii) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C); and (C) by striking paragraph (4) and inserting the following: ``(4) It shall be unlawful for a licensed manufacturer, licensed importer, or licensed dealer who transfers a large capacity ammunition feeding device that was manufactured on or before September 13, 1994, to fail to certify to the Attorney General before the end of the 60-day period that begins with the date of the transfer, in accordance with regulations prescribed by the Attorney General, that the device was manufactured on or before September 13, 1994.''. (2) Penalties.--Section 924(a) of title 18, United States Code, as amended by subsection (a)(2), is further amended by adding at the end the following: ``(9) Whoever knowingly violates section 922(w)(4) shall be fined under this title, imprisoned not more than 5 years, or both.''. SEC. 8. UNLAWFUL WEAPONS TRANSFERS TO JUVENILES. Section 922(x) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by striking the period and inserting a semicolon; and (B) by adding at the end the following: ``(C) a semiautomatic assault weapon; or ``(D) a large capacity ammunition feeding device.''; and (2) in paragraph (2)-- (A) in subparagraph (B), by striking the period and inserting a semicolon; and (B) by adding at the end the following: ``(C) a semiautomatic assault weapon; or ``(D) a large capacity ammunition feeding device.''. SEC. 9. BAN ON IMPORTATION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE. (a) In General.--Section 922(w) of title 18, United States Code, as amended by section 7(b)(1), is further amended-- (1) in paragraph (1), by striking ``(1) Except as provided in paragraph (2)'' and inserting ``(1)(A) Except as provided in subparagraph (B)''; (2) in paragraph (2), by striking ``(2) Paragraph (1)'' and inserting ``(B) Subparagraph (A)''; and (3) by inserting before paragraph (3) the following: ``(2) It shall be unlawful for any person to import or bring into the United States a large capacity ammunition feeding device.''. (b) Conforming Amendment.--Section 921(a)(31)(A) of title 18, United States Code, is amended by striking ``manufactured after the date of enactment of the Violent Crime Control and Law Enforcement Act of 1994''.

Assault Weapons Ban and Law Enforcement Protection Act of 2003 - Amends Federal firearms provisions to revise the definition of "semiautomatic assault weapon" to include conversion kits (for converting a firearm to a semiautomatic assault weapon) and any semiautomatic rifle or pistol that has an ability to accept a detachable magazine and that has any one of the following characteristics, respectively: (1) a folding or telescoping stock, a threaded barrel, a pistol grip, a forward grip, or a barrel shroud; or (2) a second pistol grip, a threaded barrel, a barrel shroud, or the capacity to accept a detachable magazine at a location outside of the pistol grip. Amends the Public Safety and Recreational Firearms Use Protection Act to repeal the sunset provision for the assault weapons ban. Modifies exemptions from the ban to: (1) retain the exemption of any firearm that is manually operated by bolt, pump, level, or slide action, that has been rendered permanently inoperable, or that is an antique firearm; and (2) remove the exemption of specified firearms, or replicas or duplicates, as manufactured on October 1, 1993, any semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds, and any semiautomatic shotgun that cannot hold more than five rounds in a fixed or detachable magazine. Prohibits the transfer of a semiautomatic assault weapon except through a licensed dealer or a State or local law enforcement agency, subject to specified requirements. Directs the Attorney General to: (1) establish and maintain a record of the make, model, and date of manufacture of any semiautomatic assault weapon which the Attorney General is made aware has been used in relation to a crime, and of the nature and circumstances of the crime involved; and (2) annually submit the record to Congress and make the record available to the public. Prohibits: (1) the transfer of any assault weapon with an large capacity ammunition feeding device; and (2) a licensed manufacturer, importer, or dealer who transfers such a a device that was manufactured on or before September 13, 1994, from failing to certify to the Attorney General, within 60 days of the transfer date, that the device was manufactured on or before that date. Sets penalties for violations. Prohibits: (1) the transfer of a semiautomatic assault weapon or a large capacity ammunition feeding device to a juvenile; and (2) the importation of such a device.

A bill to reauthorize the assault weapons ban, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stormwater Control Reform Act of 1994''. SEC. 2. STORMWATER MANAGEMENT. Section 402(p) of the Federal Water Pollution Control Act (33 U.S.C. 1342(p)) is amended-- (1) by striking paragraph (1); (2) by redesignating paragraph (2) as paragraph (1); (3) in paragraph (1) (as so redesignated)-- (A) by striking the matter preceding subparagraph (A) and inserting the following: ``(1) In general.--The requirements of paragraph (4) for applications and the issuance of permits for stormwater discharges shall apply to:''; (B) in subparagraph (B), by inserting ``or commercial'' after ``industrial''; (C) by striking ``separate'' each place it appears in subparagraphs (C) and (D); (D) by redesignating subparagraph (E) as subparagraph (F); and (E) by inserting after subparagraph (D) the following new subparagraph: ``(E) A discharge from a municipal storm sewer system serving a population of fewer than 100,000 individuals that is located in an urbanized area (as designated by the Bureau of the Census) in which a stormwater discharge covered by a permit issued under subparagraph (C) or (D) is also located.''; (4) by inserting after paragraph (1) (as so redesignated) the following new paragraph: ``(2) Other municipal stormwater discharges.-- ``(A) Moratorium on permitting for remaining urbanized areas.-- ``(i) Municipal stormwater systems.--Except as provided in clauses (iii) and (iv), prior to October 1, 2001, neither the Administrator nor the State (in the case of a permit program approved under subsection (b)) shall require a permit under this section for discharges composed entirely of stormwater from municipal storm sewer systems serving a population of fewer than 100,000 individuals that is located in an urbanized area (as designated by the Bureau of the Census) other than discharges described in paragraph (1)(E). ``(ii) Advance notice of proposed rulemaking.--Not later than 2 years after the date of enactment of this subparagraph, the Administrator shall publish an advance notice of proposed rulemaking that summarizes available information on municipal storm sewer systems covered by clause (i) and outlines the options being considered for regulations under clause (iii). ``(iii) Regulations.--The Administrator may issue regulations specifying permit application requirements for permits for the discharges covered by clause (i) prior to October 1, 1998, based on a determination by the Administrator that the discharges would be appropriately regulated by a permit issued pursuant to this subsection. If the Administrator issues the regulations, permits shall be issued or denied for the discharges not later than 7 years after the date of enactment of paragraph (3)(C). ``(iv) Failure to issue regulations.-- Notwithstanding clause (i), if the Administrator fails to issue the regulations described in clause (iii) prior to October 1, 1998, the discharges covered by clause (i) shall be subject to the requirements of section 301 and this section as of October 1, 1998. ``(B) Exemption from permit requirements for nonurbanized areas.--Notwithstanding section 301 or any other provision of this section, a source of discharges composed entirely of stormwater from municipal storm sewer systems, other than the discharges described in paragraph (1) or subparagraph (A), is not required to obtain a permit for the discharges under this Act. ``(C) Clarification.--Nothing in this subsection shall be interpreted, construed, or applied to modify the requirements of this Act (including other provisions of this section) otherwise applicable to discharges of stormwater combined with domestic or industrial wastewater.''; (5) in paragraph (3)-- (A) in subparagraph (A)-- (i) by inserting ``and commercial'' after ``Industrial''; and (ii) by inserting ``and commercial'' after ``industrial''; (B) in subparagraph (B)-- (i) by striking ``and'' at the end of clause (ii); (ii) by striking the period at the end of clause (iii) and inserting ``; and''; and (iii) by adding at the end the following new clause: ``(iv) shall include monitoring and reporting requirements that, at minimum, provide for-- ``(I) representative monitoring for the quality of receiving waters; and ``(II) reporting for the implementation of management measures.''; and (C) by adding at the end the following new subparagraphs: ``(C) Maximum extent practicable.-- ``(i) Maximum extent practicable defined.-- As used in subparagraph (B)(iii) (and with respect to permits issued after the date that is 2 years after the date of enactment of this subparagraph), the term `maximum extent practicable' means applying management measures, as defined in section 6217(g)(5) of the Coastal Zone Act Reauthorization Amendments of 1990 (16 U.S.C. 1455b(g)(5)), for municipal stormwater discharges that, in the judgment of the Administrator (or a State authorized to issue a permit under this section), will attain and maintain water quality standards. ``(ii) Guidance.--Not later than 2 years after the date of enactment of this subparagraph, the Administrator, after consultation with persons with expertise in the management of stormwater (including officials of local governments and representatives of public interest groups), shall-- ``(I) establish requirements for specific management measures for municipal stormwater discharges based on the guidance issued under section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990 (16 U.S.C. 1445b) to define `maximum extent practicable' for the purposes of this section; and ``(II) if practicable, include in the requirements minimum and objective performance standards for each of the management measures. ``(D) Numeric effluent limitations.-- Notwithstanding section 301 and this section, during the 10-year period beginning on the date of enactment of this subparagraph, a permit issued pursuant to this subsection for discharges from municipal storm sewers composed entirely of stormwater shall not require compliance with numeric effluent limitations and water quality standards shall not be applied or enforced as effluent limitations. ``(E) Municipally owned and commercial discharges.--The Administrator (or a State with a program approved under subsection (b)) may issue a consolidated permit for discharges from a storm sewer system owned by a municipality and the stormwater discharges from industrial or commercial sources owned by the same municipality.''; (6) in paragraph (4)-- (A) by striking ``(2)'' each place it appears and inserting ``(1)''; (B) in subparagraph (B)-- (i) by striking ``(B) Other municipal discharges.--Not later than'' and inserting the following: ``(B) Other municipal discharges.-- ``(i) In general.--Not later than''; and (ii) by adding at the end the following new clauses: ``(ii) Deadline for submission of application.--Applications for permits for discharges from municipal storm systems that were not required to apply for a permit before the date of enactment of this clause because the systems are combined storm and sanitary systems shall be filed not later than 4 years after the date of enactment of this clause. ``(iii) Effective date.--The requirement for a permit under section 301 and this section shall apply to discharges from municipal storm sewer systems described in paragraph (1)(E) beginning on the date of the expiration of a permit for a discharge described in subparagraph (C) or (D) of paragraph (1) that is located in the same urbanized area and that occurs after the date that is 3 years after the date of enactment of this clause.''; and (C) by adding at the end the following new subparagraph: ``(C) Commercial and light industrial discharges.-- ``(i) In general.--Except as provided in clause (ii), the Administrator shall, after notice and opportunity for public comment, establish permit application and other requirements for stormwater discharges from commercial and light industrial sources and ensure that permits under this section for all sources are issued as expeditiously as practicable, but no later than 8 years after the date of enactment of this subparagraph. ``(ii) Exceptions.--This subparagraph shall not apply to discharges from sources that-- ``(I) were required to submit applications for a permit by the rule published by the Administrator at 55 Fed. Reg. 47990 (November 16, 1990); ``(II) are in a source or a class for which an exemption to the permit requirements of this section and section 301 is granted before the date that is 8 years after the date of enactment of this subparagraph, pursuant to paragraph (5); or ``(III) are owned or operated by a municipality and are subject to a consolidated permit as authorized by paragraph (3)(E). ``(D) Regulations.--The Administrator shall publish a notice of proposed rulemaking for the requirements described in subparagraph (C) not later than 4 years after the date of enactment of this subparagraph and shall issue final regulations relating to the requirements not later than 6 years after the date of enactment of this subparagraph.''; and (7) by striking paragraphs (5) and (6) and inserting the following new paragraphs: ``(5) Commercial and light industrial discharges.-- ``(A) In general.--The Administrator may exempt a class or category of commercial and light industrial discharges composed entirely of stormwater (other than discharges subject to permit application requirements published at 55 Fed. Reg. 47990 (November 16, 1990)) from the requirement to obtain a permit pursuant to section 301 and this section if the Administrator determines based on available information that, considering controls and management measures installed at sources in the class or category, stormwater discharges from sources in the class or category have minimal effect on water or sediment quality. ``(B) Regulations.-- ``(i) In general.--The Administrator shall issue regulations for classes or categories of discharges exempt under subparagraph (A). ``(ii) Contents.--Such regulations shall, at a minimum, establish priorities, establish requirements for State stormwater management programs, and establish expeditious deadlines for compliance with the requirements established by the regulations. The regulations may include performance standards, guidelines, guidance, and management practices and treatment requirements, as appropriate. The Administrator may, in making a determination under subparagraph (A), take into account controls and management measures established pursuant to this subparagraph. ``(iii) References.--For purposes of sections 309 and 505, any reference to a permit issued under section 402 shall be interpreted to include a requirement imposed by a regulation issued pursuant to this subparagraph. ``(6) Stormwater research.-- ``(A) In general.--To determine the most cost- effective and technologically feasible means of improving the quality of the waters of the Nation, the Administrator shall establish an initiative through which the Administrator shall fund State and local demonstration programs and research to test innovative approaches to address the impacts of hydrologic and hydraulic changes, source controls, and water quality management practices and controls for runoff from municipal storm sewers. Persons conducting demonstration programs and research funded under the initiative shall also take into account the physical nature of episodic stormwater flows, the varying pollutants in stormwater, the actual risk the flows pose to the designated beneficial uses, and the ability of natural ecosystems to accept temporary stormwater events. ``(B) Award of funds.--The Administrator shall award the demonstration and research program funds taking into account regional and population variations. ``(C) Authorization of appropriations.--There are authorized to be appropriated to carry out this paragraph a total of $100,000,000 for the period consisting of fiscal years 1995 through 2004. Such sums shall remain available until expended. ``(7) Additional monitoring support.--Municipalities subject to permits issued under this subsection shall be eligible for grants under section 319(h) to train and facilitate training of citizens in citizen watershed monitoring activities to support municipal stormwater management programs.''.

Stormwater Control Reform Act of 1994 - Amends the Federal Water Pollution Control Act to apply permit requirements to stormwater discharges associated with commercial activity. Exempts, with exceptions, a discharge composed entirely of stormwater from a municipal storm sewer system serving a population of fewer than 100,000 individuals that is located in an urbanized area from permit requirements prior to October 1, 2001. Exempts sources of discharges composed entirely of stormwater from such sewer systems from permit requirements (currently, such exemption is only available prior to October 1, 1994). Provides that permits issued for discharges from municipal storm sewers composed entirely of stormwater shall not require compliance with numeric effluent limitations and water quality standards shall not be applied or enforced as effluent limitations. Authorizes the Administrator to issue a consolidated permit for discharges from a storm sewer system owned by a municipality and the stormwater discharges from industrial or commercial sources owned by the same municipality. Requires the Administrator to establish permit requirements for stormwater discharges from commercial and light industrial sources. Authorizes the Administrator to exempt certain commercial and light industrial stormwater discharges from permit requirements. Directs the Administrator to establish an initiative to fund State and local demonstration programs and research to test innovative approaches to address the impacts of hydrologic and hydraulic changes, source controls, and water quality management practices and controls for runoff from municipal storm sewers. Authorizes appropriations. Makes municipalities subject to stormwater discharge permit requirements eligible for grants to train citizens in watershed monitoring activities to support municipal stormwater management programs.

Stormwater Control Reform Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Seafood Consumer Protection Act''. SEC. 2. COMMERCIALLY MARKETED SEAFOOD CONSUMER PROTECTION SAFETY NET. (a) In General.--The Secretary of Commerce shall, in coordination with the Federal Trade Commission and other appropriate Federal agencies, and consistent with the international obligations of the United States, strengthen Federal consumer protection activities for ensuring that commercially distributed seafood in the United States meets the food quality and safety requirements of applicable Federal laws. (b) Interagency Agreements.-- (1) In general.--Within 180 days after the date of enactment of this Act, the Secretary and other appropriate Federal agencies shall execute memoranda of understanding or other agreements to strengthen interagency cooperation on seafood safety, seafood labeling, and seafood fraud. (2) Scope of agreements.--The agreements shall include provisions, as appropriate for each such agreement, for-- (A) cooperative arrangements for examining and testing seafood imports that leverage the resources, capabilities, and authorities of each party to the agreement; (B) coordination of inspections of foreign facilities to increase the percentage of imported seafood and seafood facilities inspected; (C) standardizing data on seafood names, inspection records, and laboratory testing to improve interagency coordination; (D) coordination of the collection, storage, analysis, and dissemination of all applicable information, intelligence, and data related to the importation, exportation, transportation, sale, harvest, processing, or trade of seafood in order to detect and investigate violations under applicable Federal laws, and to carry out the provisions of this Act; (E) developing a process for expediting imports of seafood into the United States from foreign countries and exporters that consistently adhere to the highest standards for ensuring seafood safety; (F) coordination to track shipments of seafood in the distribution chain within the United States; (G) enhancing labeling requirements and methods of assuring compliance with such requirements to clearly identity species and prevent fraudulent practices; (H) a process by which officers and employees of the National Oceanic and Atmospheric Administration may be commissioned by the head of any other appropriate Federal agency to conduct or participate in seafood examinations and investigations under applicable Federal laws administered by such other agency; (I) the sharing of information concerning observed non-compliance with United States seafood requirements domestically and in foreign countries and new regulatory decisions and policies that may affect regulatory outcomes; (J) conducting joint training on subjects that affect and strengthen seafood inspection effectiveness by Federal authorities; (K) sharing, to the maximum extent allowable by law, all applicable information, intelligence, and data related to the importation, exportation, transportation, sale, harvest, processing, or trade of seafood in order to detect and investigate violations under applicable Federal laws, or otherwise to carry out the provisions of this Act; and (L) outreach to private testing laboratories, seafood industries, and the public on Federal efforts to enhance seafood safety and compliance with labeling requirements, including education on Federal requirements for seafood safety and labeling and information on how these entities can work with appropriate Federal agencies to enhance and improve seafood inspection and assist in detecting and preventing seafood fraud and mislabeling. (3) Annual reports on implementation of agreements.--The Secretary, the Chairman of the Federal Trade Commission, and the heads of other appropriate Federal agencies that are parties to agreements executed under paragraph (1) shall submit, jointly or severally, an annual report to the Congress concerning-- (A) specific efforts taken pursuant to the agreements; (B) the budget and personnel necessary to strengthen seafood safety and labeling and prevent seafood fraud; and (C) any additional authorities necessary to improve seafood safety and labeling and prevent seafood fraud. (c) Marketing, Labeling, and Fraud Report.--Within 1 year after the date of enactment of this Act, the Secretary and the Chairman of the Federal Trade Commission shall submit a joint report to the Congress on consumer protection and enforcement efforts with respect to seafood marketing and labeling in the United States. The report shall include-- (1) findings with respect to the scope of seafood fraud and deception in the United States market and its impact on consumers; (2) information on how the National Oceanic and Atmospheric Administration and the Federal Trade Commission can work together more effectively to address fraud and unfair or deceptive acts or practices with respect to seafood; (3) detailed information on the enforcement and consumer outreach activities undertaken by the National Oceanic and Atmospheric Administration and the Federal Trade Commission during the preceding year pursuant to this Act; and (4) an examination of the scope of unfair or deceptive acts or practices in the United States market with respect to foods other than seafood and whether additional enforcement authority or activity is warranted. (d) NOAA Seafood Inspection and Marking Coordination.-- (1) Deceptive marketing and fraud.--The National Oceanic and Atmospheric Administration shall report deceptive seafood marketing and fraud to the Federal Trade Commission pursuant to an agreement under subsection (b). (2) Application with existing agreements.--Nothing in this Act shall be construed to impede, minimize, or otherwise affect any agreement or agreements regarding cooperation and information sharing in the inspection of fish and fishery products and establishments between the Department of Commerce and the Department of Health and Human Services in effect on the date of enactment of this Act. Within 6 months after the date of enactment of this Act, the Secretary of Commerce and the Secretary of Health and Human Services shall submit a joint report to the Congress on implementation of any such agreement or agreements, including the extent to which the Food and Drug Administration has taken into consideration information resulting from inspections conducted by the Department of Commerce in making risk-based determinations such as the establishment of inspection priorities for domestic and foreign facilities and the examination and testing of imported seafood. (3) Coordination with sea grant program.--The Administrator of the National Oceanic and Atmospheric Administration shall ensure that the NOAA Seafood Inspection Program is coordinated with the Sea Grant Program to provide outreach to States, consumers, and the seafood industry on seafood testing, seafood labeling, and seafood substitution, and strategies to combat mislabeling and fraud. SEC. 3. CERTIFIED LABORATORIES. Within 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Health and Human Services, shall increase the number of laboratories certified to the standards of the Food and Drug Administration in the United States and in countries that export seafood to the United States for the purpose of analyzing seafood and ensuring that the laboratories, including Federal, State, and private facilities, comply with applicable Federal laws. Within 1 year after the date of enactment of this Act, the Secretary of Commerce shall publish in the Federal Register a list of certified laboratories. The Secretary shall update and publish the list no less frequently than annually. SEC. 4. NOAA LABORATORIES. In any fiscal year beginning after the date of enactment of this Act, the Secretary may increase the number and capacity of laboratories operated by the National Oceanic and Atmospheric Administration involved in carrying out testing and other activities under this Act to the extent that the Secretary determines that increased laboratory capacity is necessary to carry out the provisions of this Act and as provided for in appropriations Acts. SEC. 5. CONTAMINATED SEAFOOD. (a) Refusal of Entry.--The Secretary of Health and Human Services may issue an order refusing admission into the United States of all imports of seafood or seafood products originating from a country or exporter if the Secretary determines that shipments of such seafood or seafood products do not meet the requirements established under applicable Federal law. (b) Increased Testing.--If the Secretary of Health and Human Services determines that seafood imports originating from a country may not meet the requirements of Federal law, and determines that there is a lack of adequate certified laboratories to provide for the entry of shipments pursuant to section 3, then the Secretary may order an increase in the percentage of shipments tested of seafood originating from such country to improve detection of potential violations of such requirements. (c) Allowance of Individual Shipments from Exporting Country or Exporter.--Notwithstanding an order under subsection (a) with respect to seafood originating from a country or exporter, the Secretary may permit individual shipments of seafood originating in that country or from that exporter to be admitted into the United States if-- (1) the exporter presents evidence from a laboratory certified by the Secretary that a shipment of seafood meets the requirements of applicable Federal laws; and (2) the Secretary, or other agent of a Federal agency authorized to conduct inspections of seafood, has inspected the shipment and has found that the shipment and the conditions of manufacturing meet the requirements of applicable Federal laws. (d) Cancellation of Order.--The Secretary may cancel an order under subsection (a) with respect to seafood exported from a country or exporter if all shipments into the United States under subsection (c) of seafood originating in that country or from that exporter more than 1 year after the date on which the Secretary issued the order have been found, under the procedures described in subsection (c), to meet the requirements of Federal law. If the Secretary determines that an exporter has failed to comply with the requirements of an order under subsection (a), the 1-year period in the preceding sentence shall run from the date of that determination rather than the date on which the order was issued. (e) Effect.--This section shall be in addition to, and shall have no effect on, the authority of the Secretary of Health and Human Services under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) with respect to seafood, seafood products, or any other product. SEC. 6. INSPECTION TEAMS. (a) Inspection of Foreign Sites.--The Secretary, in cooperation with the Secretary of Health and Human Services, may send 1 or more inspectors to a country or exporter from which seafood exported to the United States originates. The inspection team shall assess practices and processes being used in connection with the farming, cultivation, harvesting, preparation for market, or transportation of such seafood and may provide technical assistance related to the requirements established under applicable Federal laws to address seafood fraud and safety. The inspection team shall prepare a report for the Secretary of Commerce with its findings. The Secretary of Commerce shall make a copy of the report available to the country or exporter that is the subject of the report and provide a 30-day period during which the country or exporter may provide a rebuttal or other comments on the findings to the Secretary. (b) Distribution and Use of Report.--The Secretary shall provide the report to the Secretary of Health and Human Services as information for consideration in making risk-based determinations such as the establishment of inspection priorities of domestic and foreign facilities and the examination and testing of imported seafood. The Secretary shall provide the report to the Executive Director of the Federal Trade Commission for consideration in making recommendations to the Chairman of the Federal Trade Commission regarding consumer protection to prevent fraud, deception, and unfair business practices in the marketplace. SEC. 7. SEAFOOD IDENTIFICATION. (a) Standarized List of Names for Seafood.--The Secretary and the Secretary of Health and Human Services shall initial a joint rulemaking proceeding to develop and make public a list of standardized names for seafood identification purposes at distribution, marketing, and consumer retail stages. The list of standardized names shall take into account taxonomy, current labeling regulations, international law and custom, market value, and naming precedence for all commercially distributed seafood distributed in interstate commerce in the United States and may not include names, whether similar to existing or commonly used names for species, that are likely to confuse or mislead consumers. (b) Publication of List.--The list of standardized names shall be made available to the public on Department of Health and Human Services and the Department of Commerce Web sites, shall be open to public review and comment, and shall be updated annually. SEC. 8. DEFINITIONS. In this Act: (1) Applicable federal laws.--The term ``applicable laws and regulations'' means Federal statutes, regulations, and international agreements pertaining to the importation, exportation, transportation, sale, harvest, processing, or trade of seafood, including the Magnuson-Stevens Fishery Conservation and Management Act, section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381), section 203 of the Food Allergen Labeling and Consumer Protection Act of 2004 (21 U.S.C. 374a), and the Seafood Hazard Analysis and Critical Control Point regulations in part 123 of title 21, Code of Federal Regulations. (2) Appropriate federal agencies.--The term ``appropriate Federal agencies'' includes the Department of Health and Human Services, the Federal Food and Drug Administration, the Department of Homeland Security, and the Department of Agriculture. (3) Secretary.--The term ``Secretary'' means the Secretary of Commerce.

Commercial Seafood Consumer Protection Act - Directs the Secretary of Commerce (Secretary) to strengthen federal activities for ensuring that commercially distributed seafood meets federal food quality and safety requirements. Directs the Secretary and other appropriate federal agencies to enter into agreements to strengthen interagency cooperation on seafood safety, labeling, and fraud, including regarding examining and testing seafood imports, inspections of foreign facilities, establishing a distribution chain tracking system, data sharing, and public outreach. Requires the National Oceanic and Atmospheric Administration (NOAA) to report deceptive seafood marketing and fraud to the Federal Trade Commission (FTC). Directs the Secretary to increase the number of laboratories certified to Food and Drug Administration (FDA) standards in the United States and in countries that export seafood to the United States to analyze food and ensure that the laboratories comply with applicable federal laws. Authorizes the Secretary to increase the number and capacity of laboratories operated by NOAA involved in testing and other activities under this Act as necessary to carry out the provisions of this Act and as provided for in appropriations Acts. Sets forth provision authorizing: (1) the refusal of admission of imported seafood or seafood products originating from a country or exporter if such seafood does not meet federal requirements, and (2) increased inspection of shipments of seafood from countries that do not meet federal requirements and that lack adequate certified laboratories. Authorizes the Secretary to send inspectors to an originating country or exporter to assess seafood practices and processes and to provide technical assistance related to U.S. requirements. Requires the development and publication of an annual list of standardized names to identify seafood at the distribution, marketing, and consumer retail stages.

A bill to strengthen Federal consumer product safety programs and activities with respect to commercially marketed seafood by directing the Secretary of Commerce to coordinate with the Federal Trade Commission and other appropriate Federal agencies to strengthen and coordinate those programs and activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Poverty Reduction Act''. SEC. 2. ADDITIONAL PURPOSE OF PROGRAM OF BLOCK GRANTS TO STATES FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES. Section 401(a) of the Social Security Act (42 U.S.C. 601(a)) is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding at the end the following: ``(5) reduce poverty of families with children in the United States.''. SEC. 3. ADDITION OF CHILD POVERTY REDUCTION BONUS GRANTS TO TANF PROGRAM. Section 403(a) of the Social Security Act (42 U.S.C. 603(a)) is amended by adding at the end the following: ``(6) Bonus to reward states that reduce child poverty.-- ``(A) In general.--Beginning with fiscal year 2003, the Secretary shall make a grant pursuant to this paragraph to each State for each fiscal year for which the State is a qualified child poverty reduction State. ``(B) Amount of grant.-- ``(i) In general.--Subject to this subparagraph, the amount of the grant to be made to a qualified child poverty reduction State for a fiscal year shall be an amount equal to-- ``(I) the number of children who had not attained 18 years of age by the end of the then most recently completed calendar year and who resided in the State as of the end of such calendar year, divided by the number of such children who resided in the United States as of the end of such calendar year; multiplied by ``(II) the amount appropriated pursuant to subparagraph (F) for the fiscal year. ``(ii) Limitations.-- ``(I) Minimum grant.--The amount of the grant to be made to a qualified child poverty reduction State for a fiscal year shall be not less than $1,000,000. ``(II) Maximum grant.--The amount of the grant to be made to a qualified child poverty reduction State for a fiscal year shall not exceed an amount equal to 5 percent of the State family assistance grant for the fiscal year. ``(iii) Pro rata increase.--If the amount available for grants under this paragraph for a fiscal year is greater than the total amount of payments otherwise required to be made under this paragraph for the fiscal year, then the amount otherwise payable to any State for the fiscal year under this paragraph shall, subject to clause (ii)(II), be increased by such equal percentage as may be necessary to ensure that the total of the amounts payable for the fiscal year under this paragraph equals the amount available for the grants. ``(iv) Pro rata reduction.--If the amount available for grants under this paragraph for a fiscal year is less than the total amount of payments otherwise required to be made under this paragraph for the fiscal year, then the amount otherwise payable to any State for the fiscal year under this paragraph shall, subject to clause (ii)(I), be reduced by such equal percentage as may be necessary to ensure that the total of the amounts payable for the fiscal year under this paragraph equals the amount available for the grants. ``(C) Use of grant.--A State to which a grant is made under this paragraph shall use the grant for any purpose for which a grant made under this part may be used. ``(D) Definitions.--In this paragraph: ``(i) Qualified child poverty reduction state.--The term `qualified child poverty reduction State' means, with respect to a fiscal year, a State if-- ``(I) the child poverty rate achieved by the State for the then most recently completed calendar year for which such information is available is less than the lowest child poverty rate achieved by the State during the applicable period; and ``(II) the average depth of child poverty in the State for the then most recently completed calendar year for which such information is available is not greater than the average depth of child poverty in the State for the calendar year that precedes such then most recently completed calendar year. ``(ii) Applicable period.--In clause (i), the term `applicable period' means, with respect to a State and the calendar year referred to in clause (i)(I), the period that-- ``(I) begins with the calendar year that, as of October 1, 2002, precedes the then most recently completed calendar year for which such information is available; and ``(II) ends with the calendar year that precedes the calendar year referred to clause (i)(I). ``(iii) Child poverty rate.--The term `child poverty rate' means, with respect to a State and a calendar year, the percentage of children residing in the State during the calendar year whose family income for the calendar year is less than the poverty line then applicable to the family. ``(iv) Average depth of child poverty.--The term `average depth of child poverty' means with respect to a State and a calendar year, the average dollar amount by which family income is exceeded by the poverty line, among children in the State whose family income for the calendar year is less than the applicable poverty line. ``(v) Poverty line.--The term `poverty line' has the meaning given the term in section 673(2) of the Omnibus Budget Reconciliation Act of 1981, including any revision required by such section applicable to a family of the size involved. ``(E) Family income determinations.--For purposes of this paragraph, family income includes cash income, child support payments, government cash payments, and benefits under the Food Stamp Act of 1977 that are received by any family member, and family income shall be determined after payment of all taxes and receipt of any tax refund or rebate by any family member. ``(F) Appropriations.-- ``(i) In general.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal year 2003 and each fiscal year thereafter $150,000,000 for grants under this paragraph. ``(ii) Availability.--Amounts made available under clause (i) shall remain available until expended.''.

Child Poverty Reduction Act -Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to: (1) make it an additional purpose of TANF to reduce poverty of families with children in the United States; and (2) require the Secretary of Health and Human Services to make child poverty reduction bonus grants to any State whose child poverty rate for a completed calendar year is less than the rate the State achieved during the preceding calendar year.

To expand the purposes of the program of block grants to States for temporary assistance for needy families to include poverty reduction, and to make grants available under the program for that purpose.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Honoring the Choctaw and Commanche Code Talkers Act''. SEC. 2. FINDINGS. Congress finds that-- (1) on April 6, 1917, the United States, after extraordinary provocations, declared war on Germany and began what is known as the First World War; (2) at that time, Indian people in the United States, including members of the Choctaw Nation, were not accorded citizenship; (3) without regard to this lack of citizenship, many members of the Choctaw Nation of Oklahoma and other Indian tribes and Nations enlisted in the armed forces to fight on behalf of the United States; (4) members of the Choctaw Nation enlisted in the force known as the American Expeditionary Force, which began hostile actions in France in the fall of 1917; (5) members of the Choctaw Nation were incorporated in a company of Indian enlistees serving in the 142nd Infantry Company of the 36th Division; (6) because of the proximity and static nature of the battle lines in World War I, a method of communication that could be used without the knowledge of the enemy was necessary; (7) a commander of the United States realized that he had under his command a number of soldiers who spoke a Native language; (8) while the use of Native languages was discouraged by the military of the United States, the commander sought out and recruited 18 Choctaw Indians to assist in the transmission of field telephone communications during an upcoming campaign; (9) because the language used by the Choctaw soldiers in the transmission of information was not based on a European language or mathematical progression, the Germans were unable to understand any of the transmissions; (10) the Choctaw soldiers were placed in different command positions, to achieve the widest possible area for communications; (11) the use of the Choctaw code talkers was particularly important in the movement of military personnel of the United States in October 1918 (including securing forward and exposed positions), in-- (A) the protection of supplies during action (including protecting gun emplacements from enemy shelling); and (B) in the preparation for the assault on German positions in the final stages of combat operations in the fall of 1918; (12) in the opinion of the officers involved, the use of the Choctaw Indians to transmit information in their Native language saved men and munitions, and was highly successful; (13) based on that successful experience, Choctaw Indians were withdrawn from front line units to be trained in the transmission of codes so as to be more widely used when World War I ended; (14) the Germans never succeeded in breaking the Choctaw code; (15) use of the Choctaw code talkers was the first instance in modern warfare in which the transmission of messages in a Native American language was used for the purpose of confusing the enemy; (16) on December 7, 1941, the Japanese Empire attacked Pearl Harbor, prompting Congress to declare war on the Japanese the following day; (17) the military code had been developed by the United States for transmitting messages, but that code had been deciphered by the Japanese; (18) a search by intelligence officials of the United States was carried out to develop new means to counter the enemy; (19) as occurred during World War I, the Federal Government called on an Indian tribe, in this instance, the Comanche Nation, to support the military effort; (20) the United States Army sent 14 Commanche Indians overseas to serve as members of the 4th Signal Company of the 4th Infantry Division; (21) the Comanche code talkers passed messages over telephones and radios in their native tongue so as to prevent the enemy from intercepting and deciphering the messages; (22) because no written Comanche language existed, and because there were no Comanche words for many military terms, a military code had to be devised and written; (23) by using the Comanche language, Comanche code talkers were able to-- (A) provide secure communications; (B) protect tactical movements; and (C) ensure that troops would not be in danger from an enemy eavesdropping on signal transmissions; (24) several of the 14 Comanche code talkers coded messages sent from the battlefields in Europe back to division headquarters, where the remainder of the Commanche code talkers decoded the messages; (25) the work of the Comanche code talkers thwarted enemy efforts to steal communications of the United States; (26) the efforts of the Comanche code talkers were especially important during and after the Allied landings at Normandy in June 1944; (27) the Comanche code talkers contributed greatly to the Allied war effort in Europe and were instrumental in winning the war in Europe; (28) the efforts of the Comanche code talkers saved countless lives; (29) only 1 of the Comanche code talkers remains alive as of the date of enactment of this Act; and (30) the actions of the Choctaw and Comanche members of the military of the United States during World War I and World War II-- (A) are evidence of the commitment of members of Indian tribes of the United States to the defense of the United States; and (B) add to the proud legacy of service by those members in the military of the United States. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Authorization of Award.-- (1) In general.--The President may award, on behalf of Congress, to each of the Choctaw and Comanche code talkers listed in paragraph (2) (or to a surviving family member of each of those Choctaw and Comanche code talkers), a gold medal of appropriate design to honor, and express recognition by the United States of, the Choctaw and Comanche code talkers who distinguished themselves in performing a unique, highly successful communications operation that assisted in saving countless lives during World War I and World War II. (2) Code talkers.--The code talkers referred to in paragraph (1) are-- (A) of the Choctaw Nation-- (i) Albert Billy; (ii) Victor Brown; (iii) Mitchell Bobb; (iv) Ben Carterby; (v) George Davenport; (vi) Joe Davenport; (vii) James Edwards; (viii) Tobias Frazier; (ix) Ben Hampton; (x) Noel Johnson; (xi) Otis Leader; (xii) Soloman Louis; (xiii) Pete Maytubby; (xiv) Jeff Nelson; (xv) Joseph Oklahombi; (xvi) Robert Taylor; (xvii) Walter Veach and (xviii) Calvin Wilson; and (B) of the Comanche tribe-- (i) Charles Chibitty; (ii) Haddon Codynah; (iii) Robert Holder; (iv) Forrest Kassanavoid; (v) Wellington Mihecoby; (vi) Albert Nahquaddy, Jr.; (vii) Clifford Ototivo; (viii) Simmons Parker; (ix) Melvin Permansu; (x) Elgin Red Elk; (xi) Roderick Red Elk; (xii) Larry Saupitty; (xiii) Morris Tabbyetchy; and (xiv) Willis Yackeshi. (b) Design and Striking.-- (1) In general.--The Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal to be awarded under subsection (a) having such suitable emblems, devices, and inscriptions as may be determined by the Secretary. (2) Duplicate medals.--The Secretary may strike and sell duplicates in bronze of the medal struck under paragraph (1)-- (A) in accordance with such regulations as the Secretary may prescribe; and (B) at a price sufficient to cover the costs of duplicating the medal (including the costs of labor, materials, dies, use of machinery, and overhead expenses, and the actual cost of the medals). SEC. 4. STATUS AS NATIONAL MEDALS. A medal struck in accordance with this Act shall be considered to be a national medal for purposes of chapter 51, of title 31, United States Code. SEC. 5. FUNDING. (a) Authorization of Appropriations.--There is authorized to be appropriated from the United States Mint Public Enterprise Fund such sums as are necessary to pay the costs of striking and awarding medals in accordance with section 3. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under this section 3(b)(2) shall be deposited in the United States Mint Public Enterprise Fund.

Honoring the Choctaw and Commanche Code Talkers Act - Authorizes the President to award a gold medal on behalf of Congress to the Choctaw and Commanche code talkers in recognition of their contributions in performing a communications operation that assisted in saving countless lives during World War I and World War II.

A bill to authorize the President to award a gold medal on behalf of Congress to the Choctaw and Comanche code talkers in recognition of the contributions provided by those individuals to the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Voting Act of 1993''. SEC. 2. ADJUSTMENT OF APPROPRIATIONS COMMITTEES SECTION 302 AND SECTION 602 ALLOCATIONS AND SUBALLOCATIONS; ADJUSTMENT OF DISCRETIONARY SPENDING CAPS. (a) Section 302 Allocations.--Section 302(e) of the Congressional Budget Act of 1974 is amended by inserting ``(1)'' before ``At'' and by adding at the end the following new paragraphs: ``(2) If-- ``(A) a general appropriation bill as reported by the Committee on Appropriations of the House of Representatives is amended and that bill as passed by the House reduces the amount appropriated for any program, project, or activity from the amount appropriated for that program, project, or activity in that bill as so reported; and ``(B) that bill as passed by the Senate reduces the amount appropriated for the same program, project, or activity from the amount appropriated for that program, project, or activity in that bill as reported initially in the House of Representatives; then, upon the passage of that bill by both Houses of Congress, the suballocations for that fiscal year made by each Committee on Appropriations under subsection (b)(1) to the subcommittee with jurisdiction over that measure shall be reduced by the sum of the lesser amount of reductions made for each such program, project, or activity by the House of Representatives or the Senate, as the case may be, and that committee shall report to its House-- ``(i) an adjusted suballocation for that subcommittee with the appropriate reductions in levels of total new budget outlays and total new budget authority; and ``(ii) an adjusted allocation for the committee that is reduced by the reductions in new budget outlays and new budget authority made under clause (i). ``(3) Further Adjustments of Appropriations Committees Allocations and Suballocations.--Upon the enactment of any rescission bill, the suballocations for that fiscal year made by each Committee on Appropriations under subsection (b)(1) to any subcommittee with jurisdiction over that bill shall be reduced by the sum of the rescissions contained in that bill over which it has jurisdiction, and that committee shall report to its House-- ``(A) an adjusted suballocation for that subcommittee with the appropriate reductions in levels of total new budget outlays and total new budget authority; and ``(B) an adjusted allocation for the committee that is reduced by the reductions in new budget outlays and new budget authority made under subparagraph (A).''. (b) Section 602 Allocations.--Section 602 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsections: ``(f) Adjustments of Appropriations Committees Allocations and Suballocations.--If-- ``(1) a general appropriation bill as reported by the Committee on Appropriations of the House of Representatives is amended and that bill as passed by that House reduces the amount appropriated for any program, project, or activity from the amount appropriated for that program, project, or activity in that bill as so reported; and ``(2) that bill as passed by the Senate reduces the amount appropriated for the same program, project, or activity from the amount appropriated for that program, project, or activity in that bill as reported initially in the House of Representatives; then, upon the passage of that bill by both Houses of Congress, the suballocations for that fiscal year made by each Committee on Appropriations under subsection (b)(1) to the subcommittee with jurisdiction over that measure shall be reduced by the sum of the lesser amount of reductions made for each such program, project, or activity by the House of Representatives or the Senate, as the case may be, and that committee shall report to its House-- ``(A) an adjusted suballocation for that subcommittee with the appropriate reductions in levels of total new budget outlays and total new budget authority; and ``(B) an adjusted allocation for the committee that is reduced by the reductions in new budget outlays and new budget authority made under subparagraph (A). ``(g) Further Adjustments of Appropriations Committees Allocations and Suballocations.--Upon the passage of any rescission bill by both Houses of Congress, the suballocations for that fiscal year made by each Committee on Appropriations under subsection (b)(1) to any subcommittee with jurisdiction over that bill shall be reduced by the sum of the rescissions contained in that bill over which it has jurisdiction, and that committee shall report to its House-- ``(1) an adjusted suballocation for that subcommittee with the appropriate reductions in levels of total new budget outlays and total new budget authority; and ``(2) an adjusted allocation for the committee that is reduced by the reductions in new budget outlays and new budget authority made under paragraph (1).''. (c) CBO Tracking.--Section 202 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: ``(i) Scorekeeping Assistance.--To facilitate compliance by the Committees on Appropriations with sections 302(e)(2) and 602(f), the Office shall score all general appropriation measures as passed the House of Representatives and as passed the Senate and have such scorecard published in the Congressional Record.''. (d) Adjustment of Discretionary Spending Limits.--Section 601(a)(2) of the Congressional Budget Act of 1974 is amended by inserting before the period at the end the following: ``and by the amounts of any adjustments pursuant to section 602(f)(2)(B) and section 602(g)(2)''. SEC. 3. PROHIBITION OF PROXY VOTING IN COMMITTEES. Clause 2(f) of rule XI of the Rules of the House of Representatives is amended to read as follows: ``(f) No vote by any member of any committee or subcommittee with respect to any measure or matter may be cast by proxy.''. SEC. 4. OPEN COMMITTEE MEETINGS. Rule XI of the Rules of the House of Representatives is amended-- (1) in the first sentence of clause 2(g)(1), by inserting ``because disclosure of matter to be considered would endanger the national security or would tend to defame, degrade, or incriminate any person'' after ``public'' the second place it appears; (2) in clause 3(d), by striking ``is a privilege made available by the House and''; and (3) by striking clause 3(e) and inserting the following: ``(e) Whenever a hearing or meeting conducted by any committee of the House is open to the public, those proceedings shall be open to television broadcast, radio broadcast, and still photography, or by any of such methods of coverage. No committee or subcommittee chairman may limit the number of television or still cameras below 2 representatives from each medium.''. SEC. 5. APPLICATION OF FREEDOM OF INFORMATION ACT TO THE CONGRESS. The Congress, and the instrumentalities of Congress, shall be subject to section 552 of title 5, United States Code (commonly referred to as the ``Freedom of Information Act'') to the same extent that Executive agencies (as defined by section 105 of title 5, United States Code) are subject to such section 552. SEC. 6. MISCELLANEOUS AMENDMENTS TO THE RULES OF THE HOUSE OF REPRESENTATIVES. (a) 5-day Waiting Period.--(1) Clause 2(l)(6) of rule XI of the Rules of the House of Representatives is amended by striking ``third'' and inserting ``fifth''. (2) The first sentence of clause 2(a) of rule XXVIII of the Rules of the House of Representatives is amended by striking ``third'' and inserting ``fifth''. (b) Two-thirds Required to Approve Restrictive Rules.--Clause 4 of rule XI of the Rules of the House of Representatives is amended by adding at the end the following new paragraph: ``(e) It shall not be in order to consider any resolution reported from the Committee on Rules providing for the consideration of any bill or resolution otherwise subject to amendment under House Rules if that resolution limits the right of Members to offer germane amendments to such bill, unless that resolution is agreed to by the affirmative vote of at least two-thirds of the Members voting, a quorum being present.''. (c) Ban on King-of-the-hill Rules.--The last sentence of clause 4(b) of rule XI of the Rules of the House of Representatives is amended by inserting before the period the following: ``; nor shall it report any rule for the consideration of any measure commonly known as a `king-of-the-hill' rule''. (d) Ban on Self-executing Rules.--Clause 4 of rule XI of the Rules of the House of Representatives (as amended by subsection (b)) is amended by adding at the end the following new paragraph: ``(f) It shall not be in order to consider any order of business resolution reported from the Committee on Rules which provides that, upon the adoption of such resolution, the House shall be considered to have automatically adopted a motion (other than for the previous question), amendment, or resolution, or to have passed a bill, joint resolution, or conference report thereon.''. (e) Repeal of Rule XLIX.--Rule XLIX of the Rules of the House of Representatives is repealed. (f) Conference Committees.--(1) Clause 3 of rule XXVIII of the Rules of the House of Representatives is amended by adding at the end the following new sentence: ``Their report shall not fund any program, project, or activity at a level higher than that contained in the bill or resolution as passed the House or as passed the Senate and committed to the conference committee or fund any program, project, or activity not contained in that bill or resolution as passed the House or as passed the Senate.''. (2) Rule XXVIII of the Rules of the House of Representatives is amended by adding at the end the following new clause: ``7. It shall not be in order in the House to consider a conference report if that report would violate any motion to instruct conferees that the House agreed to.''. SEC. 7. BUDGET ENFORCEMENT. (a) President's Budget.--Paragraph (5) of section 1105(a) of title 31, United States Code, is amended to read as follows: ``(5) except as provided in subsection (b) of this section-- ``(A) estimated expenditures and proposed appropriations for each function and subfunction in the current fiscal year; ``(B) estimated expenditures and proposed appropriations the President decides are necessary to support the Government for each function and subfunction in the fiscal year for which the budget is submitted; and ``(C) a comparison of levels of estimated expenditures and proposed appropriations for each function and subfunction in the current fiscal year and the fiscal year for which the budget is submitted, along with the proposed increase or decrease of spending in percentage terms for each function and subfunction;''. (b) Congressional Budget.--Section 301(e) of the Congressional Budget Act of 1974 is amended by-- (1) inserting after the second sentence the following: ``The starting point for any deliberations in the Committee on the Budget of each House on the concurrent resolution on the budget for the next fiscal year shall be the estimated level of outlays for the current year in each function and subfunction. Any increases or decreases in the Congressional budget for the next fiscal year shall be from such estimated levels.''; (2) striking paragraphs (2) and (3) and inserting the following: ``(2) a comparison of levels for the current fiscal year with proposed spending for the subsequent fiscal years along with the proposed increase or decrease of spending in percentage terms for each function and subfunction; ``(3) information, data, and comparisons indicating the manner in which, and the basis on which, the committee determined each of the matters set forth in the concurrent resolution, including information on outlays for the current fiscal year and the decisions reached to set funding for the subsequent fiscal years;''; (3) inserting ``and'' after the semicolon in paragraph (7); (4) striking paragraph (8); and (5) redesignating paragraph (9) as paragraph (8). (c) CBO Report to Budget Committees.--The first sentence of section 202(f)(1) of the Congressional Budget Act of 1974 is amended to read as follows: ``On or before February 15 of each year, the Director shall submit to the Committees on the Budget of the House of Representatives and the Senate a report, for the fiscal year commencing on October 1 of that year, with respect to fiscal policy, including (A) estimated budget outlays in all functions and subfunctions for appropriated accounts for the current fiscal year and estimated budget outlays under current law for all entitlement programs for the next fiscal year, (B) alternative levels of total revenues, total new budget authority, and total outlays (including related surpluses and deficits), and (C) the levels of tax expenditures under existing law, taking into account projected economic factors and any changes in such levels based on proposals in the budget submitted by the President for such fiscal year.''. SEC. 8. ECONOMIC AND EMPLOYMENT IMPACT STATEMENTS. (a) Preparation.--The Comptroller General of the United States shall prepare an economic and employment impact statement, as described in subsection (b), to accompany each bill, resolution, or conference report reported by any committee of the House of Representatives or the Senate or considered on the floor of either House. (b) Contents.--Except as provided in subsection (c), the economic and employment impact statement required by subsection (a) shall-- (1) state the extent to which enactment of the bill, resolution, or conference report would result in increased costs to the private sector, individuals, or State and local governments; and (2) include, at a minimum, a detailed assessment of the annual impact of the bill, resolution, or conference report (projected annually over a 5-year period from its effective date, and, to the extent feasible, expressed in each case in monetary terms) on-- (A) costs to United States consumers; (B) costs to United States business; (C) national employment; (D) the ability of United States industries to compete internationally; (E) affected State and local governments, fiscal and otherwise; (F) outlays and revenues by the Federal Government as compared to outlays and revenues for the same activity in the current fiscal year (as reported by the Congressional Budget Office); and (G) impact on Gross Domestic Product. (c) Exception.--The economic and employment impact statement required by subsection (a) may consist of a brief summary assessment in lieu of the detailed assessment set forth in subsection (b) if preliminary analysis indicates that the aggregate effect of the bill, resolution, or conference report as measured by the criteria set forth in subparagraphs (A) through (G) of subsection (b) is less than $100,000 or 1,000 jobs in national employment. (d) Statement With All Legislation.--The economic and employment impact statement required by this section shall accompany each bill, resolution, or conference report before such bill, resolution, or conference report may be reported or otherwise considered on the floor of either House. (e) Point of Order.-- (1) Rule.--It shall not be in order in either the House of Representatives or the Senate to consider on the floor any bill, resolution, or conference report, whether or not reported by any committee of the House of Representatives or the Senate, unless that bill, resolution, or conference report includes the economic and employment impact statement required by this section. (2) Waiver.--A point of order made under this subsection may be waived in the Senate by a two-thirds affirmative vote of Senators, duly chosen and sworn, and in the House of Representatives by a two-thirds affirmative vote of Members, duly chosen and sworn. (f) Executive Regulations.--Each regulation and proposed regulation promulgated by a Federal department or executive agency shall be accompanied by an economic and employment impact statement prepared, in accordance with subsection (b), by the department or agency promulgating the regulation or proposed regulation. The economic and employment impact statement shall be published in the Federal Register together with such regulation or proposed regulation. (g) Provision for National Security Emergency Waiver.-- (1) Congressional economic impact statements.--The Congress may waive the requirements of subsections (a) through (d) at any time in which a declaration of war is in effect, or in response to a national security emergency at the request of the President. (2) Executive regulations.--The President may waive the requirements of subsection (f) at any time in which a declaration of war is in effect, or in response to a national security emergency as determined by the President in consultation with Congress. (h) Repeal of Senate Rule.--Paragraph 11 of rule XXVI of the Standing Rules of the Senate is repealed. HR 3633 IH----2

Truth in Voting Act of 1993 - Amends the Congressional Budget Act of 1974 to provide for downward adjustments in Appropriations Committees allocations and suballocations when bills are passed that reduce appropriations and require rescissions. Requires the Congressional Budget Office to provide scorecards for such measures. Amends rule XI of the Rules of the House of Representatives to prohibit proxy voting by any committee or subcommittee member. Establishes conditions under which meetings of the standing committees and subcommittees may be closed to the public. Requires proceedings of open committee hearings or meetings to be open to television or radio broadcast and still photography. Applies the Freedom of Information Act to the Congress as such Act applies to executive agencies. Prohibits the Committee on Rules from reporting any rule for the consideration of a measure commonly known as a "king of the hill" rule. Repeals rule XLIX (statutory limit on the public debt). Amends rule XXVIII to prohibit conference committee reports from funding any program or activity at a level higher than that contained in the bill or resolution as passed by the House or Senate or from funding any program not contained in such versions. Requires the President's annual budget to include estimated expenditures and proposed appropriations for each function and subfunction in the current fiscal year and the fiscal year for which the budget is submitted. Amends the Congressional Budget Act of 1974 to make the starting point for any deliberations on the budget in committee the estimated level of outlays for the current period in each function and subfunction. Requires the budget to include comparisons of current fiscal year and proposed subsequent fiscal year spending. Requires the Comptroller General to prepare an economic and employment impact statement to accompany each bill, resolution, or conference report reported by a committee or considered on the floor. Makes it out of order to consider any legislation that is not accompanied by such statement unless the point of order is waived by a two-thirds vote. Requires regulations and proposed regulations promulgated by Federal agencies to be accompanied by such statements as well.

Truth in Voting Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Forest Restoration Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) A century of fire suppression, logging, and livestock grazing has altered the ecological balance of New Mexico's forests. (2) Some forest lands in New Mexico contain an unnaturally high number of small diameter trees that are subject to large, high intensity wildfires that can endanger human lives, livelihoods, and ecological stability. (3) Forest lands that contain an unnaturally high number of small diameter trees have reduced biodiversity and provide fewer benefits to human communities, wildlife, and watersheds. (4) Healthy and productive watersheds minimize the threat of large, high intensity wildfires, provide abundant and diverse wildlife habitat, and produce a variety of timber and non-timber products including better quality water and increased water flows. (5) Restoration efforts are more successful when there is involvement from neighboring communities and better stewardship will evolve from more diverse involvement. (6) Designing demonstration restoration projects through a collaborative approach may-- (A) lead to the development of cost effective restoration activities; (B) empower diverse organizations to implement activities which value local and traditional knowledge; (C) build ownership and civic pride; and (D) ensure healthy, diverse, and productive forests and watersheds. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to promote healthy watersheds and reduce the threat of large, high intensity wildfires, insect infestation, and disease in the forests in New Mexico; (2) to improve the functioning of forest ecosystems and enhance plant and wildlife biodiversity by reducing the unnaturally high number and density of small diameter trees on Federal, Tribal, State, County, and Municipal forest lands; (3) to improve communication and joint problem solving among individuals and groups who are interested in restoring the diversity and productivity of forested watersheds in New Mexico; (4) to improve the use of, or add value to, small diameter trees; (5) to encourage sustainable communities and sustainable forests through collaborative partnerships, whose objectives are forest restoration; and (6) to develop, demonstrate, and evaluate ecologically sound forest restoration techniques. SEC. 4. DEFINITIONS. As used in this Act-- (1) the term ``Secretary'' means the Secretary of Agriculture acting through the Chief of the Forest Service; and (2) the term ``stakeholder'' includes: tribal governments, educational institutions, landowners, and other interested public and private entities. SEC. 5. ESTABLISHMENT OF PROGRAM. (a) The Secretary shall establish a cooperative forest restoration program in New Mexico in order to provide cost-share grants to stakeholders for experimental forest restoration projects that are designed through a collaborative process (hereinafter referred to as the ``Collaborative Forest Restoration Program''). The projects may be entirely on, or on any combination of, Federal, Tribal, State, County, or Municipal forest lands. The Federal share of an individual project cost shall not exceed eighty percent of the total cost. The twenty percent matching may be in the form of cash or in-kind contribution. (b) Eligibility Requirements.--To be eligible to receive funding under this Act, a project shall-- (1) address the following objectives-- (A) reduce the threat of large, high intensity wildfires and the negative effects of excessive competition between trees by restoring ecosystem functions, structures, and species composition, including the reduction of non-native species populations; (B) re-establish fire regimes approximating those that shaped forest ecosystems prior to fire suppression; (C) preserve old and large trees; (D) replant trees in deforested areas if they exist in the proposed project area; and (E) improve the use of, or add value to, small diameter trees; (2) comply with all Federal and State environmental laws; (3) include a diverse and balanced group of stakeholders as well as appropriate Federal, Tribal, State, County, and Municipal government representatives in the design, implementation, and monitoring of the project; (4) incorporate current scientific forest restoration information; and (5) include a multi-party assessment to-- (A) identify both the existing ecological condition of the proposed project area and the desired future condition; and (B) report, upon project completion, on the positive or negative impact and effectiveness of the project including improvements in local management skills and on the ground results; (6) create local employment or training opportunities within the context of accomplishing restoration objectives, that are consistent with the purposes of this Act, including summer youth jobs programs such as the Youth Conservation Corps where appropriate; (7) not exceed four years in length; (8) not exceed a total annual cost of $150,000, with the Federal portion not exceeding $120,000 annually, nor exceed a total cost of $450,000 for the project, with the Federal portion of the total cost not exceeding $360,000; (9) leverage Federal funding through in-kind or matching contributions; and (10) include an agreement by each stakeholder to attend an annual workshop with other stakeholders for the purpose of discussing the cooperative forest restoration program and projects implemented under this Act. The Secretary shall coordinate and fund the annual workshop. Stakeholders may use funding for projects authorized under this Act to pay for their travel and per diem expenses to attend the workshop. SEC. 6. SELECTION PROCESS. (a) After consulting with the technical advisory panel established in subsection (b), the Secretary shall select the proposals that will receive funding through the Collaborative Forest Restoration Program. (b) The Secretary shall convene a technical advisory panel to evaluate the proposals for forest restoration grants and provide recommendations regarding which proposals would best meet the objectives of the Collaborative Forest Restoration Program. The technical advisory panel shall consider eligibility criteria established in section 5, the effect on long term management, and seek to use a consensus-based decision making process to develop such recommendations. The panel shall be composed of 12 to 15 members, to be appointed by the Secretary as follows: (1) A State Natural Resource official from the State of New Mexico. (2) At least two representatives from Federal land management agencies. (3) At least one tribal or pueblo representative. (4) At least two independent scientists with experience in forest ecosystem restoration. (5) Equal representation from-- (A) conservation interests; (B) local communities; and (C) commodity interests. SEC. 7. MONITORING AND EVALUATON. The Secretary shall establish a multi-party monitoring and evaluation process in order to assess the cumulative accomplishments or adverse impacts of the Collaborative Forest Restoration Program. The Secretary shall include any interested individual or organization in the monitoring and evaluation process. The Secretary also shall conduct a monitoring program to assess the short and long term ecological effects of the restoration treatments, if any, or a minimum of 15 years. SEC. 8. REPORT. No later than five years after the first fiscal year in which funding is made available for this program, the Secretary shall submit a report to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives. The report shall include an assessment on whether, and to what extent, the projects funded pursuant to this Act are meeting the purposes of the Collaborative Forest Restoration Program. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $5,000,000 annually to carry out this Act. Passed the Senate November 19, 1999. Attest: GARY SISCO, Secretary.

Community Forest Restoration Act - Directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to establish a cooperative forest restoration program in New Mexico to provide cost-share grants to stakeholders for experimental forest restoration projects to be designed through a collaborative process (Collaborative Forest Restoration Program). Requires a project to address specified objectives, including: (1) wildfire threat reduction; (2) ecosystem restoration, including non-native tree species reduction; (3) reestablishment of historic fire regimes; (3) reforestation, including preservation of old trees; (4) small diameter tree use enhancement; (5) creation of forest- related local employment; and (6) stakeholder diversity. Limits projects to four years. Sets forth provisions respecting: (1) collaborative project selection; (2) monitoring and evaluation; (3) reporting; and (4) cost limits. Authorizes appropriations.

Community Forest Restoration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Explosive Materials Background Check Act''. SEC. 2. EXPLOSIVE MATERIALS BACKGROUND CHECKS. (a) Amendments to Title 18.--Chapter 40 of title 18, United States Code, is amended-- (1) in section 841-- (A) in subsection (d), by inserting ``smokeless powder and black powder substitutes,'' after ``black powder,''; and (B) in subsection (h), by striking ``the business of''; (2) in section 842-- (A) in subsection (d)-- (i) in paragraph (9), by striking the period and inserting a semicolon; and (ii) inserting at the end the following: ``(10) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that-- ``(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and ``(B)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or ``(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; ``(11) has been convicted in any court of a misdemeanor crime of domestic violence; or ``(12) has received actual notice of the Attorney General's determination made pursuant to subsection (d)(1)(B) or (j) of section 843 of this title.''; and (B) in subsection (i)-- (i) in paragraph (7), by inserting a semicolon after ``person''; (ii) inserting at the end the following: ``(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that-- ``(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and ``(B)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or ``(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; ``(9) has been convicted in any court of a misdemeanor crime of domestic violence; or ``(10) has received actual notice of the Attorney General's determination made pursuant to subsection (d)(1)(B) or (j) of section 843 of this title.''; (3) in section 843-- (A) in subsection (b)-- (i) by striking ``Upon'' and inserting ``Except as provided in subsection (j), upon''; (ii) in paragraph (6), by striking ``and'' after the semicolon; (iii) in paragraph (7), by striking the period and inserting ``; and''; and (iv) by inserting at the end the following: ``(8) in the case of a limited permit holder, the applicant certifies the permit will only be used to purchase black powder, black powder substitute, and smokeless powder in which case the limitation in paragraph (7) shall not apply.''; (B) in subsection (d)-- (i) by inserting ``(1)'' after ``(d)''; (ii) by striking ``if in the opinion'' and inserting the following: ``if-- ``(A) in the opinion''; and (iii) by striking ``. The Secretary's action'' and inserting the following: ``; or ``(B) the Attorney General determines that the licensee or holder (or any responsible person or employee possessor thereof) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support or resources for terrorism, and that the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism. ``(2) The Attorney General's action''; and (C) in subsection (e)-- (i) in paragraph (1), by inserting after the first sentence the following: ``However, if the denial or revocation is based upon an Attorney General determination under subsection (j) or (d)(1)(B), any information which the Attorney General relied on for this determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security.''; and (ii) in paragraph (2), by adding at the end the following: ``In responding to any petition for review of a denial or revocation based upon an Attorney General determination under subsection (j) or (d)(1)(B), the United States may submit, and the court may rely upon, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.''; (D) in subsection (h)(2)-- (i) in subparagraph (A), by inserting ``or in subsection (j) of this section (on grounds of terrorism)'' after ``section 842(i)''; and (ii) in subparagraph (B)-- (I) in the matter preceding clause (i), by inserting ``or in subsection (j) of this section,'' after ``section 842(i),''; and (II) in clause (ii), by inserting ``, except that any information that the Attorney General relied on for a determination pursuant to subsection (j) may be withheld if the Attorney General concludes that disclosure of the information would likely compromise national security'' after ``determination'' ; and (E) by inserting at the end the following: ``(j) Attorney General Discretionary Denial of Federal Explosives Licenses and Permits.--The Attorney General may deny the issuance of a permit or license to an applicant if the Attorney General determines that the applicant or a responsible person or employee possessor thereof is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation of, in aid of, or related to terrorism, or providing material support or resources for terrorism, and the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism.''; and (4) in section 845(a)-- (A) in paragraph (4), by inserting after ``and components thereof'' the following: ``, except for smokeless powder and black powder substitutes''; and (B) in paragraph (5), by striking ``black powder in quantities not to exceed fifty pounds,''. (b) Guidelines.-- (1) In general.--The Attorney General shall issue guidelines describing the circumstances under which the Attorney General will exercise the authority and make determinations under subsections (d)(1)(B) and (j) of section 843 of title 18, United States Code, as amended by this Act. (2) Contents.--The guidelines issued under paragraph (1) shall-- (A) provide accountability and a basis for monitoring to ensure that the intended goals for, and expected results of, the grant of authority under subsections (d)(1)(B) and (j) of section 843 of title 18, United States Code, as amended by this Act, are being achieved; and (B) ensure that terrorist watch list records are used in a manner that safeguards privacy and civil liberties protections, in accordance with requirements outlines in Homeland Security Presidential Directive 11 (dated August 27, 2004).

Explosive Materials Background Check Act - Amends federal criminal code provisions governing the importation, manufacture, distribution, and storage of explosive materials to: (1) include smokeless powder and black powder substitute within the definition of an "explosive" to which such provisions apply; (2) revise the definition of "manufacturer" to mean any person engaged in manufacturing (currently, in the business of manufacturing) explosive materials; and (3) delete the exemption for commercially manufactured black powder in quantities of less than fifty pounds. Prohibits knowingly distributing explosive materials to any person who: (1) is subject to a court order (issued after a hearing meeting specified requirements) that restrains such person from harassing, stalking, or threatening an intimate partner or a child of such intimate partner or person or from engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; (2) has been convicted in any court of a misdemeanor crime of domestic violence; or (3) the Attorney General has determined is an individual known or appropriately suspected to be or have been engaged in, conduct constituting or related to terrorism or providing material support or resources for terrorism and the Attorney General has a reasonable belief that such person may use explosives in connection with terrorism. Makes it unlawful for any such person to ship or transport any explosive in or affecting interstate or foreign commerce or to receive or possess any explosive that has been shipped or transported in or affecting interstate or foreign commerce. Exempts a limited explosives material permit holder who certifies that the permit will only be used to purchase black powder, black powder substitute, and smokeless powder from provisions limiting the receipt of explosive materials to six separate occasions during a 12-month period. Authorizes the Attorney General to deny or revoke an explosives materials license or permit upon determining that the licensee or holder is known to be or have been engaged in such terrorist conduct and may use explosives in connection with terrorism. Directs the Attorney General to issue guidelines describing the circumstances under which the Attorney General will exercise such authority and make such determinations.

Explosive Materials Background Check Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consequences in Sentencing for Young Offenders Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The juvenile justice system in this country is built around an outdated philosophy that places the goal of rehabilitation above community safety concerns. (2) Violent juvenile crime is increasing at a rate that is double that for adults, and few juveniles are held accountable for their offenses. (3) Many juvenile justice programs do not collect data or analyze whether sanctions or treatment programs now in use are effective in reducing recidivism. (4) The Federal Government should encourage the States to pursue new juvenile justice policies that emphasize community safety, individual accountability, work, restitution to victims, parental involvement, and zero-tolerance for repeated criminal acts. (b) Purposes.--The purposes of the Act are as follows: (1) To provide States with an incentive to establish a system of graduated sanctions for juvenile delinquents with sentencing options ranging from restitution and community service to youth correctional facilities to remand to adult court for older violent juvenile offenders. If a juvenile continues to commit offenses, he or she will move up a ladder of increasing consequences. (2) To promote parental involvement and responsibility in the juvenile justice system. (3) To provide incentives for States to develop periodic evaluations of the effectiveness of their juvenile justice systems in keeping communities safe and working to reduce rates of juvenile recidivism. SEC. 3. GRANTS FOR CORRECTIONAL FACILITIES. The Violent Crime Control and Law Enforcement Act of 1994 is amended-- (1) in section 20101(a), by inserting ``adult and juvenile'' before ``correctional facilities'' each place it appears; (2) in section 20103(b)(2), by adding at the end: ``In making allocations under this paragraph, the Attorney General shall give a preference to States that provide assurances to the Attorney General that such States have in effect graduated sanctions for the State's juvenile justice system.''; and (3) in section 20102(b)(2), by striking ``shall transfer'' and all that follows through ``paragraph (1).'' and inserting ``shall-- ``(A) make grants from a portion, determined by the Attorney General, of any funds made available to carry out this section that are not allocated to an eligible State under paragraph (1), to a State or States that provide assurances to the Attorney General that such State or States have in effect graduated sanctions, for the construction, development, expansion, modification, operation, or improvement of juvenile facilities; and ``(B) transfer to the funds to be allocated under section 20103(b)(1) any remainder of the funds so made available but not allocated under paragraph (1) or used for grants under subparagraph (A).'' SEC. 4. OPTIONAL USE OF GRANTS FOR CORRECTIONAL FACILITIES. (a) Use of Grant Money.--A State, or States organized as multi- State compact, may opt to use any Federal grant money allocated to such State or States for adult correctional facilities to construct, develop, expand, modify, operate, or improve youth correctional facilities, such as secure youth correctional facilities, youth academies, juvenile boot camps, and restitution centers, which provide the State with a range of dispositional options and promote reduced recidivism. (b) Eligibility.--To be eligible to opt to use grant money in the manner provided in subsection (a), the State or States shall submit an application to the Attorney General which includes, at a minimum-- (1) assurances that-- (A) the State or States has established or is in the process of establishing a system of graduated sanctions for the State's juvenile justice system in which the State bases dispositions for juveniles on a scale of increasingly severe sanctions for the commission of a repeat offense, particularly if the subsequent offense committed by such juvenile is of similar or greater seriousness or if a court dispositional order for a delinquent act is violated; (B) such dispositions should, to the extent practicable, require the juvenile delinquent to compensate victims for losses and compensates the juvenile justice authorities for supervision costs; (2) assurances that the State or States imposes a sanction on each juvenile adjudicated delinquent; (3) assurances that the State or States requires that a State court concur in allowing a juvenile to be sent to a diversionary program in lieu of juvenile court proceedings; (4) assurances that the State or States has programs that address the need for effective bindover systems or for the prosecution as adults of juveniles, 15 years of age or older, who are charged with a crime of violence as defined in section 16 of title 18, United States Code; (5) assurances that where practicable and appropriate, the State or States requires parents to participate in meeting the dispositional requirements imposed on the juvenile by the court; (6) assurances that the State or States has consulted with any units of local government responsible for youth secure facilities in setting priorities for construction, development, expansion and modification, operation or improvement of juvenile facilities, and to the extent practicable, ensures that the needs of entities currently administering juvenile facilities are addressed; and (7) assurances that the State or States have in place or are putting in place systems to provide objective evaluations of State and local juvenile justice systems to determine such systems' effectiveness in protecting the community, reducing recidivism, and ensuring compliance with dispositions. SEC. 5. DEFINITIONS. Section 20108 of the Violent Crime Control and Law Enforcement Act of 1994 is amended by adding at the end the following: ```youth academy' means a residential facility that provides basic education, rehabilitation services, job skills training and apprenticeship programs to young offenders. ```restitution center' means a residential facility with an intensive program of accountability centered activities that provide a needed community service. ```juvenile boot camps' means a residential facility or program based on a military basic training model that includes extensive discipline, physical work, physical exercise, and military drill. ```secure youth correctional facility' means a facility that provides the highest level of security and direct supervision for juvenile offenders. ```youth correctional facility' means any public or private residential facility which-- ``(A) includes construction fixtures de-signed to physically restrict the movements and activities of juveniles held in lawful custody; and ``(B) is used for the placement, after adjudication and disposition, for any juvenile who has been adjusted as having committed on offense, or any juvenile tried and convicted of a crime as an adult. ```sanctions' means a penalty for a delinquent act that ensures accountability and may range from community service and restitution requirements to incarceration in a secure youth correctional facility, and, to the extent practicable, that ensures compensation to victims for losses and compensation to the juvenile justice authorities for supervision costs. ```offense' means an act by a juvenile that would be considered a crime if it were committed by an adult. ```delinquent act' has the same meaning as the term offense. ```graduated sanctions' means that-- ``(A) the State or States has established or is in the process of establishing a system of sanctions for the State's juvenile justice system in which the State bases dispositions for juveniles on a scale of increasingly severe sanctions for the commission of a repeat offense, particularly if the subsequent offense committed by such juvenile is of similar or greater seriousness or if a court dispositional order for a delinquent act is violated; ``(B) such dispositions should, to the extent practicable, require the juvenile delinquent to compensate victims for losses and compensates the juvenile justice authorities for supervision costs; ``(C) the State or States imposes a sanction on each juvenile adjudicated delinquent; ``(D) the State or States requires that a State court concur in allowing a juvenile to be sent to a diversionary program in lieu of juvenile court proceedings; ``(E) the State or States has programs that address the need for effective bindover systems or for the prosecution as adults of juveniles, 15 years of age or older, who are charged with a crime of violence as defined in section 16 of title 18, United States Code; ``(F) where practicable and appropriate, the State or States requires parents to participate in meeting the dispositional requirements imposed on the juvenile by the court; ``(G) the State or States has consulted with any units of local government responsible for youth secure facilities in setting priorities for construction, development, expansion and modification, operation or improvement of juvenile facilities, and to the extent practicable, ensures that the needs of entities currently administering juvenile facilities are addressed; and ``(H) the State or States have in place or are putting in place systems to provide objective evaluations of State and local juvenile justice systems to determine such systems' effectiveness in protecting the community, reducing recidivism, and ensuring compliance with dispositions.'';''.

Consequences in Sentencing for Young Offenders Act - Revises provisions of the Violent Crime Control and Law Enforcement Act of 1994 regarding grants for correctional facilities (under the violent offender incarceration and truth in sentencing incentive grant program). Authorizes the Attorney General to make grants to States to construct, develop, expand, modify, operate, or improve adult and juvenile correctional facilities. Directs the Attorney General: (1) in making allocations, to give preference to States that provide assurances that they have in effect graduated sanctions for the State's juvenile justice system; and (2) from a portion of any funds made available under such grant program that are not allocated to an eligible State, to make truth in sentencing incentive grants for the construction, development, expansion, modification, operation, or improvement of juvenile facilities to States that provide assurances to the Attorney General that they have graduated sanctions in effect. Authorizes a State, or States organized as a multi-State compact, to opt to use any Federal grant money allocated for adult correctional facilities to construct, develop, expand, modify, operate, or improve youth correctional facilities which provide the State with a range of dispositional options and promote reduced recidivism. Sets forth eligibility requirements.

Consequences in Sentencing for Young Offenders Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Student Act of 2014''. SEC. 2. SUPPORT FOR WORKING STUDENTS. (a) Dependent Students.--Section 475(g)(2)(D) of the Higher Education Act of 1965 (20 U.S.C. 1087oo(g)(2)(D)) is amended to read as follows: ``(D) an income protection allowance (or a successor amount prescribed by the Secretary under section 478) of $8,451 for academic year 2015-2016;''. (b) Independent Students Without Dependents Other Than a Spouse.-- Section 476(b)(1)(A)(iv) of the Higher Education Act of 1965 (20 U.S.C. 1087pp(b)(1)(A)(iv)) is amended to read as follows: ``(iv) an income protection allowance (or a successor amount prescribed by the Secretary under section 478)-- ``(I) for single or separated students, or married students where both are enrolled pursuant to subsection (a)(2), of $13,135 for academic year 2015-2016; and ``(II) for married students where 1 is enrolled pursuant to subsection (a)(2), of $21,060 for academic year 2015-2016;''. (c) Independent Students With Dependents Other Than a Spouse.-- Section 477(b)(4) of the Higher Education Act of 1965 (20 U.S.C. 1087qq(b)(4)) is amended to read as follows: ``(4) Income protection allowance.--The income protection allowance is determined by the following table (or a successor table prescribed by the Secretary under section 478), for academic year 2015-2016: ``Income Protection Allowance ---------------------------------------------------------------------------------------------------------------- Family Size Number in College ---------------------------------------------------------------------------------------------------------------- For each (including 1 2 3 4 5 additional student) subtract: ---------------------------------------------------------------------------------------------------------------- 2 $33,277 $27,580 $4,250 3 41,431 35,761 $30,078 4 51,151 45,481 39,825 $34,114 5 60,358 54,661 49,005 43,321 $37,665 6 70,591 64,908 59,265 53,554 47,898 For each additional add: 6,000 ''. ---------------------------------------------------------------------------------------------------------------- (d) Updated Tables and Amounts.--Section 478(b) of the Higher Education Act of 1965 (20 U.S.C. 1087rr(b)) is amended-- (1) in paragraph (1), by striking subparagraphs (A) and (B) and inserting the following: ``(A) In general.--For each academic year after academic year 2015-2016, the Secretary shall publish in the Federal Register a revised table of income protection allowances for the purpose of sections 475(c)(4) and 477(b)(4), subject to subparagraphs (B) and (C). ``(B) Table for independent students.--For each academic year after academic year 2015-2016, the Secretary shall develop the revised table of income protection allowances by increasing each of the dollar amounts contained in the table of income protection allowances under section 477(b)(4)(D) by a percentage equal to the estimated percentage increase in the Consumer Price Index (as determined by the Secretary) between December 2014 and the December next preceding the beginning of such academic year, and rounding the result to the nearest $10.''; and (2) in paragraph (2), by striking ``shall be developed'' and all that follows through the period at the end and inserting ``shall be developed for each academic year after academic year 2015-2016, by increasing each of the dollar amounts contained in such section for academic year 2015-2016 by a percentage equal to the estimated percentage increase in the Consumer Price Index (as determined by the Secretary) between December 2014 and the December next preceding the beginning of such academic year, and rounding the result to the nearest $10.''. (e) Effective Date.--The amendments made by this section shall be effective on July 1, 2015.

Working Student Act of 2014 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to increase the income protection allowance for academic year 2015-2016 to: $8,451 for dependent students; $13,135 for independent students without dependents other than a spouse who are single, separated, or married when both spouses are enrolled; and $21,060 for independent students without dependents other than a spouse if only one of the spouses is enrolled. Increases for academic year 2015-2016 the income protection allowances for independent students with dependents other than a spouse. (These allowances vary depending on the number of such dependents.) Provides for cost-of-living adjustments to such income protection allowances after academic year 2015-2016. (An income protection allowance is the amount excluded from a student's income in determining the student's need for assistance under title IV.)

Working Student Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``AmeriCorps School Turnaround Act of 2015''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Students are most successful when they have personal, attentive support. (2) Turning schools around requires collaboration among teachers, administrators, counselors, business leaders, the philanthropic sector, and community members. (3) National service provides valuable support to elementary schools and secondary schools and has a record for improving student academic achievement. (b) Purposes.--The purposes of this Act are to-- (1) strengthen and accelerate interventions in the lowest- performing elementary schools and secondary schools; (2) provide financial support to eligible entities that serve low-performing schools; (3) significantly improve outcomes for students in persistently low-performing schools by-- (A) providing opportunities for academic enrichment; (B) extending learning time; and (C) providing individual support for students; and (4) improve high school graduation rates and college readiness for the most disadvantaged students. SEC. 3. SCHOOL TURNAROUND PROGRAM. In this Act: (1) Chief executive officer.--The term ``Chief Executive Officer'' means the Chief Executive Officer of the Corporation for National and Community Service appointed under section 193 of the National and Community Service Act of 1990 (42 U.S.C. 12651c). (2) Eligible entity.--The term ``eligible entity'' means-- (A) an elementary school or secondary school; or (B) any of the following entities that serve low- performing schools: (i) Public or private nonprofit organizations, including faith-based and other community organizations. (ii) Local educational agencies. (iii) Institutions of higher education. (iv) Government entities within States. (v) Indian Tribes. (vi) Labor organizations. (3) Low-performing school.--The term ``low-performing school'' means an elementary school or secondary school that is identified under section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316). (4) National service participant.--The term ``national service participant'' means an individual described under part III of the National and Community Service Act of 1990 (42 U.S.C. 12591 et seq.). (5) School turnaround corps project.--The term ``School Turnaround Corps project'' means a project carried out by an eligible entity that is a permissible use of funds for a grant under this Act. (6) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 4. INTERAGENCY AGREEMENT FOR SCHOOL TURNAROUND GRANTS. (a) Interagency Agreement.-- (1) In general.--The Chief Executive Officer shall enter into an interagency agreement with the Secretary similar to an interagency agreement described in section 121(b)(1) of the National and Community Service Act of 1990 (42 U.S.C. 12571(b)(1)) regarding the grant program described in section 5, except that funds appropriated under this Act may be used as if for the purposes for which funds may be provided through grants under section 121(a) of the National and Community Service Act of 1990 (42 U.S.C. 12571(a)). (2) Amendment to the ncsa.--Section 121(b) of such Act (42 U.S.C. 12571(b)) is amended by adding at the end the following: ``(6) School turnaround grant interagency agreement.-- Notwithstanding paragraph (1), the Corporation shall enter into an interagency agreement similar to an interagency agreement described in paragraph (1) with the Secretary of Education under this subsection regarding the school turnaround grant program described in section 5 of the AmeriCorps School Turnaround Act of 2015.''. (b) Approved National Service Positions.-- (1) In general.--The Chief Executive Officer shall approve positions for School Turnaround Corps projects as approved national service positions in accordance with subtitle C of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.). (2) Distribution of assistance and approved positions unaffected.--Nothing in this Act shall be construed to affect the distribution of assistance or approved national service positions under section 129 of the National and Community Service Act of 1990 (42 U.S.C. 12581). (c) Treatment of Funds Appropriated.-- (1) National service trust.--For purposes of section 145(a)(1) of the National and Community Service Act of 1990 (42 U.S.C. 12601(a)(1)), a portion of the funds appropriated under this Act, as determined by the Chief Executive Officer based on the number of participants selected for School Turnaround Corps projects, shall be treated as funds made available to carry out subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). (2) Investment of trust funds.--For purposes of subsection (b) of section 145 of the National and Community Service Act of 1990 (42 U.S.C. 12601), a portion of the funds appropriated under this Act, as determined by the Chief Executive Officer based on the number of participants selected for School Turnaround Corps projects, shall be treated as if appropriated to the Trust established under such section. (3) Reserve account.--For purposes of section 149(b)(1)(B)(ii) of the National and Community Service Act of 1990 (42 U.S.C. 12606(b)(1)(B)(ii)), a portion of the funds appropriated under this Act, as determined by the Chief Executive Officer based on the number of participants selected for School Turnaround Corps projects, shall be treated as funds appropriated for the fiscal year involved under section 501 of the National and Community Service Act of 1990 (42 U.S.C. 12681) and made available to carry out subtitle C or D of title I of such Act (42 U.S.C. 12571 et seq.; 42 U.S.C. 12601 et seq.). (4) Audits.--For purposes of section 149(c) of the National and Community Service Act of 1990 (42 U.S.C. 12606(c)), funds appropriated under this Act shall be treated as appropriated funds for approved national service positions. SEC. 5. SCHOOL TURNAROUND GRANT PROGRAM. (a) In General.--From amounts made available under this Act after the reservation described in subsection (b), the Chief Executive Officer, in consultation with the Secretary, shall award grants, on a competitive basis, to eligible entities to enable such eligible entities-- (1) to improve the academic achievement of elementary school and secondary school students; and (2) to select national service participants and engage such participants' in School Turnaround Corps projects. (b) Amounts Reserved.--The Chief Executive Officer shall reserve not less than 1 percent, and not more than 2 percent, of the amount appropriated to carry out this Act for each fiscal year to award grants under this Act to Indian tribes and organizations serving tribal populations. (c) Priority.--In making grants under this Act, the Chief Executive Officer, in consultation with the Secretary-- (1) shall give priority to eligible entities that will serve significant populations of low-income students; and (2) may give priority to eligible entities that-- (A) are located in low-income communities; (B) will serve communities with significant populations of families with limited English proficiency; (C) will place national service participants in urban or rural areas; or (D) will increase the ability of educators to provide appropriate services and coordinate activities with State and local systems providing services under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.) for children with developmental delays or disabilities, including such children in the child welfare system of the State. (d) Use of Funds.-- (1) In general.--An eligible entity that receives a grant under this section shall use the funds made available through the grant to carry out 1 or more of the activities described in paragraphs (2) through (6), and shall engage national service participants to carry out such activities. (2) Increasing high-quality, individualized learning time.--Improving the quality and frequency of individualized learning time provided to elementary school and secondary school students by providing individualized support, which may include increasing postsecondary education enrollment rates through postsecondary education preparation counseling assistance, including assistance with completing the Free Application for Federal Student Aid (FAFSA) and applications for institutions of higher education, and educating students and their families about financial literacy for postsecondary education. (3) Out-of-school and extended learning programs.-- Increasing personalized, out-of-school and extended learning programs provided to elementary school and secondary school students by engaging national service participants to serve as-- (A) tutors who provide individualized, academic support outside of the standard school day; and (B) family resource mentors who connect the student, family, and school in an open conversation about the student's academic situation. (4) College and career readiness and graduation coaches.-- The provision of individual graduation, postsecondary education, and career preparation guidance and assistance by college or career planing advisors. (5) Schoolwide activities.--Carrying out schoolwide activities, including-- (A) establishing a school culture and environment that improves school safety, attendance, and discipline and addressing other non-academic factors that impact student achievement, such as students' social, emotional, and health needs; and (B) carrying out activities to increase graduation rates, such as early warning systems, credit-recovery programs, and re-engagement strategies. (6) Accelerating reading and mathematics knowledge and skills.--The provision of activities to accelerate students' acquisition of reading and mathematics knowledge and skills. SEC. 6. ANNUAL REPORT. (a) In General.--As a condition on receipt of any funds for a program under this Act, each grantee shall agree to submit an annual report at such time, in such manner, and containing such information as the Chief Executive Officer, in consultation with the Secretary, may require. (b) Content.--At a minimum, each annual report under this subsection shall describe-- (1) the degree to which progress has been made toward meeting the annual benchmarks and long-term goals and objectives described in the grant recipient's application; and (2) demographic data about low-performing schools, including the number of low-income and minority students, served in each program. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $25,000,000 for fiscal year 2016, and such sums as may be necessary for each of the 5 succeeding fiscal years.

AmeriCorps School Turnaround Act of 2015 This bill authorizes a grant program to enable elementary schools, secondary schools, or specified entities that serve low-performing schools to: (1) improve the academic achievement of elementary and secondary school students, and (2) select national service participants and engage such participants in school turnaround projects. An entity that receives a grant under the program must use the grant funds to carry out one or more of the following activities: (1) improving the quality and frequency of individualized learning time, (2) increasing individualized learning time or extended learning programs, (3) providing college and career readiness guidance and assistance, (4) accelerating reading and mathematics knowledge and skills, or (5) carrying out school-wide activities to increase graduation rates or address nonacademic factors impacting student achievement.

AmeriCorps School Turnaround Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Amtrak Route Closure and Realignment Act of 1995''. SEC. 2. THE COMMISSION. (a) Establishment.--There is established an independent commission to be known as the ``Total Realignment of Amtrak Commission'' (in this Act referred to as the ``Commission''). (b) Appointment.--The Commission shall be composed of eleven members as follows: (1) Three individuals appointed by the President, including-- (A) the Secretary of Transportation; (B) one representative of a rail labor union; and (C) one representative of a rail management. (2) Four individuals who collectively have expertise in rail finance, economic analysis, legal issues, and other relevant areas, to be appointed by the Majority Leader of the Senate, in consultation with the Minority Leader. (3) Four individuals who collectively have expertise in rail finance, economic analysis, legal issues, and other relevant areas, to be appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader. Appointments under this subsection shall be made within 15 days after the date of the enactment of this Act. Individuals appointed under paragraphs (2) and (3) shall not be employees of the Department of Transportation or representatives of a rail labor union or rail management. (c) Chairman.--Within 10 days after the 15-day period described in subsection (b), or the appointment of the last member of the Commission under such subsection, whichever occurs first, a majority of the members of the Commission may elect a chairman from among its membership. If a chairman is not elected within such 10-day period, the President shall select a chairman for the Commission from among its membership. (d) Meetings.--(1) Each meeting of the Commission shall be open to the public. (2) All the proceedings, information, and deliberations of the Commission shall be open or available, upon request, to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, and to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives. (e) Pay and Travel Expenses.--(1)(A) Each member, other than the Chairman, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. (B) The Chairman shall be paid for each day referred to in subparagraph (A) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (C) Notwithstanding subparagraphs (A) and (B), officers and employees of the Federal Government shall not be paid under this paragraph for service on the Commission. (2) Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (f) Director of Staff.--The Commission shall appoint a Director, who shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (g) Staff.--(1) Subject to paragraph (2), the Director, with the approval of the Commission, may appoint and fix the pay of not more than 5 additional employees. (2) The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (h) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (i) Information.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairman of the Commission, the head of that department or agency shall furnish that information to the Commission to the extent otherwise permitted by law. (j) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (k) Administrative Support Services.--The Administrator of General Services shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. (l) Experts or Consultants.--The Commission may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. (m) Termination.--The Commission shall terminate 30 days after transmitting a report under section 3(e). SEC. 3. DUTIES. (a) Economic Performance Rankings.--The Commission shall examine economic data for Amtrak's system and develop system-wide performance rankings of all routes based on long-term economic loss. (b) Identification of Candidate Routes for Closure or Realignment.--(1) The Commission shall identify routes which are candidates for closure or realignment, based on the performance rankings developed under subsection (a) and on the following principles: (A) The system which remains after closure and realignment of routes shall not be required to be a national, interconnected system. (B) Federal operating subsidies for Amtrak shall be assumed to decline over the 5-year period beginning on the date of the enactment of a joint resolution under section 4, possibly to the point of zero Federal operating subsidy. (C) The rail labor protection costs of Amtrak shall be calculated both-- (i) at the level required under rail labor laws as in effect when the Commission is identifying routes under this subsection; and (ii) at the level which would be required if amendments to rail labor laws were enacted that-- (I) limit to a maximum of 6 months any wage continuation or severance benefit for an employee of Amtrak whose employment is terminated as a result of a discontinuance of intercity rail passenger service; and (II) permit Amtrak to require any employee whose position is eliminated as a result of such a discontinuance to transfer to another part of Amtrak's system. (2) The Commission shall specifically examine ridership forecasts and other assumptions supporting continued service on the Northeast Corridor, particularly with respect to the continuation of the electrification of the Northeast Corridor between New Haven, Connecticut, and Boston, Massachusetts. (c) Consideration of Quality of Life Factors.--(1) Each route identified under subsection (b) as a candidate for closure or realignment shall be reviewed to determine whether there are important social, environmental, or other quality of life factors which should be considered in determining whether to close or realign the route. The commission shall also consider the effect on airport congestion and the availability of alternative modes of transportation, especially in rural areas, before recommending any closure or realignment. (2) The Commission shall hold public hearings to obtain testimony from State and local officials, and other interested parties, with respect to factors described in paragraph (1). (d) Optional Uses for Abandoned Rail Lines.--The Commission shall also examine optional uses for abandoned rail lines. (e) Recommendations.--The Commission shall, within 120 days after the election or selection of its chairman under section 2(c), transmit to the Congress and the President a report on its activities under this Act, including recommendations developed under this section for the closure and realignment of routes in Amtrak's passenger rail system. SEC. 4. CONGRESSIONAL CONSIDERATION OF COMMISSION RECOMMENDATIONS. (a) Terms of the Resolution.--For purposes of this section, the term ``joint resolution'' means only a joint resolution which is introduced within the 10-day period beginning on the date on which the Commission transmits its recommendations to the Congress under section 3(e), and-- (1) which does not have a preamble; (2) the matter after the resolving clause of which is as follows: ``That Congress approves the recommendations of the Total Realignment of Amtrak Commission as submitted on ______'', the blank space being filled in with the appropriate date; and (3) the title of which is as follows: ``Joint resolution approving the recommendations of the Total Realignment of Amtrak Commission.''. (b) Referral.--A resolution described in subsection (a) that is introduced in the House of Representatives shall be referred to the Committee on Transportation and Infrastructure of the House of Representatives. A resolution described in subsection (a) introduced in the Senate shall be referred to the Committee on Commerce, Science, and Transportation of the Senate. (c) Discharge.--If the committee to which a resolution described in subsection (a) is referred has not reported such resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the Commission transmits the report to the Congress under section 3(e), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (d) Consideration.--(1) On or after the third day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member's intention to make the motion. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. (2) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (3) Immediately following the conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate. (e) Consideration by Other House.--(1) If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to a resolution described in subsection (a) of the House receiving the resolution-- (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (2) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House. (f) Rules of the Senate and House.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated not to exceed $2,500,000 for carrying out this Act.

Amtrak Route Closure and Realignment Act of 1995 - Establishes as an independent commission the Total Realignment of Amtrak Commission. (Sec. 3) Directs the Commission to: (1) identify Amtrak passenger rail routes which are candidates for closure or realignment based on system-wide economic performance rankings and other specified principles and factors; (2) examine ridership forecasts and other assumptions supporting continued service on the Northeast Corridor, particularly with respect to the continuation of the electrification of the Northeast Corridor between New Haven, Connecticut, and Boston, Massachusetts; and (3) examine optional uses for abandoned rail lines. Requires the Commission to transmit to the Congress and the President a report on its activities, including recommendations for the closure and realignment of routes in Amtrak's passenger rail system. (Sec. 4) Sets forth procedures for congressional consideration of Commission recommendations. (Sec. 5) Authorizes appropriations.

Amtrak Route Closure and Realignment Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Support Enforcement Improvements Act of 1993''. SEC. 2. NONLIABILITY FOR DEPOSITORY INSTITUTIONS PROVIDING FINANCIAL RECORDS TO STATE CHILD SUPPORT ENFORCEMENT AGENCIES IN CHILD SUPPORT CASES. (a) In General.--Notwithstanding any other provision of Federal or State law, a depository institution shall not be liable under any Federal or State law to any person for disclosing any financial record of an individual to a State child support enforcement agency attempting to establish, modify, or enforce a child support obligation of such individual. (b) Prohibition of Disclosure of Financial Record Obtained by State Child Support Enforcement Agency.--A State child support enforcement agency which obtains a financial record of an individual from a financial institution pursuant to subsection (a) may disclose such financial record only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation of such individual. (c) Civil Damages for Unauthorized Disclosure.-- (1) Disclosure by state officer or employee.--If any officer or employee of a State knowingly, or by reason of negligence, discloses a financial record of an individual in violation of subsection (b), such individual may bring a civil action for damages against such State in a district court of the United States. (2) No liability for good faith but erroneous interpretation.--No liability shall arise under this subsection with respect to any disclosure which results from a good faith, but erroneous, interpretation of subsection (b). (3) Damages.--In any action brought under paragraph (1), upon a finding of liability on the part of the defendant, the defendant shall be liable to the plaintiff in an amount equal to the sum of-- (A) the greater of-- (i) $1,000 for each act of unauthorized disclosure of a financial record with respect to which such defendant is found liable; or (ii) the sum of-- (I) the actual damages sustained by the plaintiff as a result of such unauthorized disclosure; plus (II) in the case of a willful disclosure or a disclosure which is the result of gross negligence, punitive damages; plus (B) the costs of the action. (d) Definitions.--For purposes of this section: (1) The term ``depository institution'' means-- (A) a depository institution, as defined by section 3(c) of the Federal Deposit Insurance Act; (B) an institution-affiliated party, as defined by section 3(u) of such Act; and (C) any Federal credit union or State credit union, as defined by section 101 of the Federal Credit Union Act, including an institution-affiliated party of such a credit union, as defined by section 206(r) of such Act. (2) The term ``financial record'' has the meaning given such term by section 1101 of the Right to Financial Privacy Act of 1978. (3) The term ``State child support enforcement agency'' means a State agency which administers a State program for establishing and enforcing child support obligations. SEC. 3. ACCESS TO AND USE OF CONSUMER REPORTS BY STATE CHILD SUPPORT ENFORCEMENT AGENCIES IN CHILD SUPPORT CASES. (a) In General.--Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended by adding at the end the following: ``(4) To a State child support enforcement agency that is seeking to establish, modify, or enforce a child support obligation against the consumer, if-- ``(A) the paternity of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises (if required by those laws); and ``(B) the State child support enforcement agency-- ``(i) before obtaining the consumer report, provides written notice to the consumer that the State agency intends to obtain a consumer report on the consumer; and ``(ii) certifies to the consumer reporting agency that-- ``(I) the requirement in subparagraph (A) has been fulfilled (if applicable); and ``(II) the notice required by clause (i) has been provided.''. (b) State Child Support Enforcement Agency Defined.--Section 603 of such Act (15 U.S.C. 1681a) is amended by adding at the end the following new subsection: ``(j) The term `State child support enforcement agency' means a State agency which administers a State program for establishing and enforcing child support obligations.''. SEC. 4. HEALTH CARE SUPPORT. (a) Inclusion in Child Support Orders.-- (1) In general.--Section 466(a) of the Social Security Act (42 U.S.C. 666(a)) is amended by inserting after paragraph (10) the following: ``(11) Not later than the beginning of the 9th calendar month that begins after the date the Secretary prescribes final regulations as provided for in section 467(d)(2): ``(A) Procedures which require any child support order, issued or modified by a court or administrative agency of the State on or after the effective date of guidelines established by the State under section 467(d), to provide for coverage of the health care costs of the child in accordance with such guidelines. ``(B) Procedures which require the expedited consideration and disposition of any allegation of noncompliance with an obligation to cover the health care costs of a child imposed under a child support order issued or modified in the State.''. (2) State guidelines.--Section 467 of such Act (42 U.S.C. 667) is amended by adding at the end the following: ``(d)(1) Not later than the beginning of the 9th calendar month that begins after the date the Secretary prescribes final regulations in accordance with paragraph (2), each State, as a condition for having its State plan approved under this part, must establish guidelines for the coverage of the health care costs of children pursuant to child support orders issued or modified in the State, which guidelines shall create a streamlined process that meets the minimum standards established by the Secretary in such regulations. ``(2)(A) The Secretary shall promulgate regulations which set forth minimum standards that any set of guidelines established pursuant to paragraph (1) must meet in providing for the coverage of the health care costs of children pursuant to child support orders issued or modified in the State, including-- ``(i) the contents of such an order with respect to the coverage of such costs; ``(ii) the distribution of responsibility for such costs; ``(iii) to the extent that such costs are to be covered through health insurance-- ``(I) the provision of such insurance; ``(II) the payment of insurance claims; and ``(III) the rights of the noncustodial parent and the custodial parent to insurance information; ``(iv) the circumstances under which a provider of health insurance may or may not deny coverage to a child who is the subject of such an order; ``(v) penalties to be imposed on providers of health insurance who fail to comply with the guidelines; and ``(vi) how changes in the circumstances of the noncustodial parent and the custodial parent are to be taken into account with respect to the coverage of such costs. ``(B) In developing such standards, the Secretary shall ensure that, in establishing guidelines pursuant to paragraph (1), the State considers the following matters in the following order of importance: ``(i) The best interests of the child. ``(ii) The financial and other circumstances of the parents of the child. ``(iii) Cost-effectiveness. ``(3) The preceding subsections of this section shall apply in like manner to the guidelines established pursuant to this subsection.''. (3) Regulations.-- (A) Proposed regulations.--Within 9 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue proposed regulations to implement the amendments made by this subsection. (B) Final regulations.--Within 14 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue final regulations to implement the amendments made by this subsection. (b) Inclusion in Incentive Payments Program of Dependent Health Insurance Provided Due to Successful Enforcement.-- (1) In general.--Section 458(b) of the Social Security Act (42 U.S.C. 658(b)) is amended by adding at the end the following: ``(5)(A) For purposes of this section, the successful enforcement by the State of a provision of a support order requiring an absent parent to obtain health insurance for 1 or more children shall be considered the collection of support from the absent parent, without regard to the means by which such support is provided. ``(B) The amount of support collected in any case in which the State successfully enforces a provision of a support order requiring an absent parent to obtain health insurance for 1 or more children shall be the savings to the State from the provision of such health insurance to such children, as determined in accordance with a health insurance savings methodology adopted by the State in accordance with regulations prescribed by the Secretary.''. (2) Regulations.--Within 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall prescribe such regulations as may be necessary to implement the amendment made by paragraph (1). (3) Study; report.-- (A) Study.--The Secretary of Health and Human Services shall conduct a study to determine the incentives that should be provided to encourage States to enforce obligations of noncustodial parents to pay (and obtain medical insurance coverage with respect to) the reasonable and necessary health and dental expenses of the children to whom the noncustodial parents owe such obligations. (B) Report.--Not later than 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the results of the study required by subparagraph (A). SEC. 5. ANNUAL REPORTS ON STATE COMPLIANCE WITH TIME LIMITS WITHIN WHICH STATE MUST PROVIDE CERTAIN CHILD SUPPORT ASSISTANCE. Section 452(a)(10) of the Social Security Act (42 U.S.C. 652(a)(10)) is amended-- (1) in subparagraph (H), by striking ``and''; (2) in subparagraph (I), by striking the period and inserting ``; and''; and (3) by inserting after subparagraph (I) the following: ``(J) compliance, by State, with the standards established pursuant to subsections (h) and (i).''. SEC. 6. WAGES WITHHELD BY EMPLOYERS TO PAY CHILD SUPPORT OBLIGATIONS REQUIRED TO BE PAID TO STATE WITHIN 10 DAYS; LATE PAYMENT PENALTY IMPOSED ON EMPLOYERS. (a) In General.--Section 466(b)(6)(A) of the Social Security Act (42 U.S.C. 666(b)(6)(A)) is amended-- (1) in clause (i), by inserting ``within 10 days after the payment of such wages'' before ``to the appropriate agency''; and (2) by adding at the end the following: ``(iii) The State must require any employer who fails to make any payment required in accordance with clause (i) within the 10-day period described therein to pay the State a $1,000 penalty. The State must expend all penalties collected in accordance with this clause for the operation of the State plan approved under section 454, not later than the end of the calendar quarter following the calendar quarter in which collected.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2) of this subsection, the amendments made by subsection (a) of this section shall take effect on the date of the enactment of this Act and apply to wages paid on or after such date and payments under part D of title IV of the Social Security Act for calendar quarters beginning on or after such date. (2) Delay permitted if state legislation required.--In the case of a State plan approved under section 454 of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by subsection (a) of this section, the State plan shall not be regarded as failing to comply with the requirements of such section 454 solely on the basis of the failure of the plan 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 the 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. SEC. 7. NATIONAL PARENT LOCATOR NETWORK. Section 453 of the Social Security Act (42 U.S.C. 653) is amended by adding at the end the following: ``(g) The Secretary shall expand the Parent Locator Service to establish a national network based on the comprehensive statewide child support enforcement systems developed by the States, to-- ``(1) allow each State to-- ``(A) locate any absent parent who owes child support, for whom a child support obligation is being established, or for whom an order for visitation is being enforced, by-- ``(i) accessing the records of other State agencies and sources of locate information directly from one computer system to another; and ``(ii) accessing Federal sources of locate information in the same fashion; ``(B) access the files of other States to determine whether there are other child support orders involving the same absent parent, and obtain the details of any such order; ``(C) provide for both on-line and batch processing of locate requests, with on-line access restricted to cases in which the information is needed immediately (for such reasons as court appearances) and batch processing used to `troll' data bases to locate individuals or update information periodically; and ``(D) direct locate requests to individual States or Federal agencies, broadcast requests to selected States, or broadcast cases to all States when there is no indication of the source of needed information; ``(2) provide for a maximum of 48-hour turnaround time for information to be broadcast and returned to a requesting State; and ``(3) provide ready access to courts of the information on the network by location of a computer terminal in each court.''. HR 2396 IH----2

Child Support Enforcement Improvements Act of 1993 - Makes depository institutions not liable under any Federal or State law to any person for disclosing any financial record of an individual to a State child support enforcement agency attempting to establish, modify, or enforce a child support obligation of such individual. Prohibits such an agency from disclosing such a record for any other purpose and provides for civil damages for unauthorized disclosures. Amends the Fair Credit Reporting Act to permit credit reporting agencies to grant access to certain consumer reports to a State child support enforcement agency that is seeking to establish, modify, or enforce a child support obligation against the consumer. Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to: (1) require State laws to provide for the use of procedures requiring child support orders to provide for coverage of the health care costs of the child in accordance with State guidelines; (2) include under the incentive payments program any dependent medical insurance coverage which is provided due to the successful application of such procedures; (3) direct HHS' Office of Child Support Enforcement to report to the Congress annually on State compliance with specified standards establishing time limits for State response to certain child support assistance requests; (4) require States to assess a penalty against any employer who fails to make timely payment of withheld wages to pay child support obligations of an employee; and (5) direct the Office to develop a national parent locator network which would build on comprehensive statewide child support enforcement systems to allow States to carry out specified parent locator activities. Directs the Secretary of Health and Human Services (HHS) to study and report to specified congressional committees on how the successful efforts of States in enforcing obligations of absent parents to pay (and obtain medical insurance coverage with respect to) the health and dental expenses of their children should be rewarded through an incentive payments program.

Child Support Enforcement Improvements Act of 1993