santoshtyss/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act shall be known as the ``Original Saint-Gaudens Double Eagle Ultra-High Relief Bullion Coin Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the Augustus Saint-Gaudens $20 gold pieces of 1907 with ultra-high relief are considered by many in the numismatic community to be the most beautiful coins ever produced; (2) two separate ``pattern'' versions of the ultra-high relief Double Eagle were produced in 1907; (3) a 34-millimeter version was hand-struck on a standard Double Eagle planchet using a medal press and, because manufacturing and technical limitations prevented mass production of these pieces, this production resulted in low mintage, with fewer than two dozen specimens of the 34- millimeter version known to be in existence today; (4) a second, 27-millimeter, version was struck using two stacked $10 Eagle planchets; (5) these experimental ``pattern'' 27-millimeter pieces were deemed to be illegal to produce and all specimens were destroyed except for 2 that reside in the Smithsonian's National Numismatic Collection; (6) the 27-millimeter pattern pieces are ranked by numismatists as among the most beautiful coins ever produced, but none are in private hands and none have ever come up for sale; (7) the ultra-high relief Double Eagles are representative of the greatest period of American coinage, the so-called ``Golden Age of Coinage'' in the United States, initiated by President Theodore Roosevelt, with the assistance of noted sculptors and medallic artists James Earle Fraser and Augustus Saint-Gaudens; (8) the introduction of this famous piece as a numismatic proof coin would not only give collectors an opportunity to own a version of a legendary coin that has never before been available for private ownership, but also inaugurate a neo- renaissance in United States coin design and demonstrate the technological advances that the United States has achieved over the last century; (9) the modern coin version of the $20 gold piece would be updated with the addition of the inscription ``In God We Trust'' and would include the date of minting or issuance, to distinguish it from the originals and prevent counterfeiting; (10) palladium is a rare silver-white metal, and is considered a precious metal because of its scarcity; (11) palladium is one of 6 platinum group metals that include ruthenium, rhodium, osmium, iridium, and platinum; it is the least dense and has the lowest melting point of the platinum group metals; (12) the major nations mining palladium are in order of volume: Russia, South Africa, United States of America, and Canada; (13) the major mine producing palladium in the United States is located in Montana; (14) palladium is fabricated into a wide range of applications that includes its extensive use as an industrial catalyst and a key component in the manufacturing of automotive catalytic converters; (15) palladium is also used in dentistry, jewelry, and in the production of surgical instruments and electrical contacts; (16) the demand for precious metals is driven not only by their practical use, but also by their role as a store of value; (17) a variety of investment options are available to palladium investors that includes coins, bars, and exchange- traded funds; (18) palladium coins have been issued by several countries, mainly as commemorative coins, but also as bullion investment coins (bullion is the form of palladium traded for investment purposes and is a reference to its purity); (19) Tonga commenced issuing palladium coins in 1967 and other issuing countries have included Canada, the Soviet Union, France, Russia, China, Australia, and Slovakia; (20) today, only Canada mints palladium bullion coins; (21) during the period 2003 through 2007, the price of palladium ranged between $148 and $404 per troy ounce, and the average price in 2007 was $355 per troy ounce; (22) by contrast, during the same period, the price of platinum ranged between a low of $603 and a high $1,544, and the average price in 2007 was $1,303 per troy ounce; (23) thus, platinum bullion coins have become too expensive for the average investor; (24) The Royal Canadian Mint minted platinum bullion coins for 14 years (between 1988 and 2001), but ceased production in the face of high metal prices and declining sales; (25) when the United States Mint's American Eagle Platinum Bullion Coin was launched in 1997, the average price for the metal that year was $395 per troy ounce; and (26) over the past decade, the price has more than tripled, which has caused a dramatic decline in demand for these coins, from 80,050 ounces sold in 1997 to 9,050 in 2007. SEC. 3. ORIGINAL SAINT-GAUDENS DOUBLE EAGLE ULTRA-HIGH RELIEF BULLION COIN. Section 5112 of title 31, United States Code, is amended-- (1) in subsection (a), by adding at the end the following new paragraph: ``(11) A $20 coin that-- ``(A) is 27 millimeters in diameter; ``(B) weighs 1 ounce; ``(C) is of an appropriate thickness, as determined by the Secretary; and ``(D) bears, on the obverse and reverse, the designs of the famous 27-millimeter version of the 1907 Augustus Saint-Gaudens Double Eagle ultra-high relief gold piece, as described in subsection (t).''; and (2) by adding at the end, the following new subsection: ``(t) Original Saint-Gaudens Double Eagle Ultra-High Relief Coins.-- ``(1) In general.--Beginning January 1, 2009, the Secretary shall commence minting and issuing for sale such number of $20 bullion coins as the Secretary may determine to be appropriate, that bear the design described in paragraph (2). ``(2) Design.-- ``(A) In general.--Except as provided under subparagraph (B), the obverse and reverse of the coins minted and issued under this subsection shall bear the original obverse and reverse designs by Augustus Saint- Gaudens which appear on the famous 27-millimeter version of the 1907 Double Eagle ultra-high relief gold piece. ``(B) Variations.--The coins referred to in subparagraph (A) shall-- ``(i) have inscriptions of the weight of the coin and the purity of the alloy in the coin incused on the edge of the coin; ``(ii) the nominal denomination of the coin; ``(iii) the date of issue of the coin on the obverse, expressed as a Roman numeral as in the original design; and ``(iv) bear such other inscriptions, including `In God We Trust', as the Secretary determines to be appropriate and in keeping with the original design. ``(C) Fractional coins prohibited.--No coins issued under this subsection, regardless of the composition, shall ever be made available as so-called `fractional' coins. ``(3) Composition.-- ``(A) In general.--The coins minted under this subsection shall contain .995 pure palladium, except that during the first year of minting and issuance only, the Secretary instead may choose to mint and issue the coin in .999 pure gold. ``(B) 1-year limitation.--If the Secretary chooses to mint and issue the coins described in this subsection in gold during the first year of issue, no coins shall be minted and issued under this subsection in palladium during that year, and such gold coins shall be issued only in proof versions. ``(4) Source of bullion.-- ``(A) In general.--The Secretary shall acquire bullion for the palladium coins issued under this subsection by purchase of palladium mined from natural deposits in the United States, or in a territory or possession of the United States, within 1 year after the month in which the ore from which it is derived was mined. ``(B) Price of bullion.--The Secretary shall pay not more than the average world price for the palladium under subparagraph (A). ``(5) Sale of coins.--Each bullion coin issued under this subsection shall be sold for an amount the Secretary determines to be appropriate, but not less than the sum of-- ``(A) the nominal denomination of the coin; ``(B) the market value of the bullion at the time of sale; and ``(C) the cost of designing and issuing the coins, including labor, materials, dies, use of machinery, overhead expenses, marketing, distribution, and shipping. ``(6) Legal tender.--The coins minted under this title shall be legal tender, as provided in section 5103. ``(7) Treatment as numismatic items.--For purposes of section 5134 and 5136, all coins minted under this subsection shall be considered to be numismatic items. ``(8) Quality.--Except as provided in subparagraph (3)(B), the Secretary may issue the coins described in this subsection in both proof and uncirculated versions. ``(9) Special treatment.--If the Secretary elects to mint and issue coins in 2009 in gold as described in subparagraph (3)(A), no more than 25,000 shall be available for sale in a special `Golden Age of American Coinage' set, including a special holder, each in combination only with a proof version of the gold coins described in subsection (q). ``(10) Protective and anti-counterfeiting cover.-- ``(A) In general.--The Secretary shall give strong consideration to making the coins described in this subsection, regardless of metallic content, available only in protective covers that preserve the coins in the condition in which they are issued, allow clear and easy viewing of the obverse and reverse of the coin and protect it from movement within the holder, and also protect against counterfeiting of such coins or of the container. ``(B) Acquisition.--The Secretary may elect to comply with paragraph (A) by producing and assembling such protective covers within the United States Mint or by contracting for the installation of such covers. ``(11) Further anti-counterfeiting measures.-- ``(A) Report required.--In an attempt to forestall the counterfeiting or marketing of the coins described in this section, including this subsection, and of collectible, numismatic and rare coins in general, the Treasury Inspector General shall, after consulting with the Director of the United States Secret Service and the Federal Trade Commission, and in consultation with hobbyists, numismatists, law enforcement agencies, and the Citizens Coinage Advisory Committee, shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, before the end of the 9-month period beginning on the date of the enactment of the Original Saint-Gaudens Double Eagle Ultra-High Relief Bullion Coin Act, a report detailing the extent of counterfeiting of rare, collectible or numismatic coins made available for sale in the United States, regardless of the country where the original of such coin was produced or of the country in which the counterfeiting takes place, or sales overseas if such counterfeit coins are unauthorized copies of coins originally produced by the United States Mint. ``(B) Contents of report.--The report submitted under subparagraph (A) shall describe the following: ``(i) The extent of such counterfeiting of coins and numismatic items. ``(ii) The source of such counterfeiting, if known, including which countries may be the origin of such counterfeits if they are produced outside the United States. ``(iii) The distribution and marketing channels for such counterfeits within and without the United States. ``(iv) The effect of any such counterfeiting on hobbyists, numismatists and on the investment opportunities for bullion or numismatic coins produced by the United States Mint. ``(v) Whether such counterfeiting extends to the counterfeiting of coin-grading or protective materials in such a way that might imply that the counterfeit inside had been examined and authenticated by a reputable coin- grading firm. ``(vi) Such recommendations for legislative or administrative action as the Treasury Inspector General may determine to be appropriate to curtail or forestall any such counterfeiting.''.

Original Saint-Gaudens Double Eagle Ultra-High Relief Bullion Coin Act - Permits the Secretary of the Treasury to mint and issue a $20 coin that bears, on the obverse and reverse, the designs of the famous 27-millimeter version of the 1907 Augustus Saint-Gaudens Double Eagle ultra-high relief gold piece. Authorizes the Secretary to commence minting and issuing such coins for sale, beginning January 1, 2009. Prohibits the coins, regardless of the composition, from being made available as so-called "fractional" coins. States that no more than 25,000 shall be available for sale in a special "Golden Age of American Coinage" set. Requires the Secretary to take specified protective and anti-counterfeiting measures. Instructs the Treasury Inspector General to report to certain congressional committees on the extent of counterfeiting of rare, collectible, or numismatic coins for sale in the United States, regardless of the country where the original of such coin was produced or of the country in which the counterfeiting takes place, or sales overseas if such counterfeit coins are unauthorized copies of coins originally produced by the United States Mint.

A bill to authorize the production of Saint-Gaudens Double Eagle ultra-high relief bullion coins in palladium to provide affordable opportunities for investments in precious metals, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Susan B. Anthony and Frederick Douglass Prenatal Nondiscrimination Act of 2009''. SEC. 2. FINDINGS AND CONSTITUTIONAL AUTHORITY. (a) Findings.--The Congress makes the following findings: (1) Sex discrimination findings.-- (A) Women are a vital part of American society and culture and possess the same fundamental human rights and civil rights as men. (B) United States law prohibits the dissimilar treatment for males and females who are similarly situated and prohibits sex discrimination in various contexts, including the provision of employment, education, housing, health insurance coverage, and athletics. (C) Sex is an immutable characteristic, and is ascertainable at the earliest stages of human development through existing medical technology and procedures commonly in use, including maternal-fetal bloodstream DNA sampling, amniocentesis, chorionic villus sampling or ``CVS'', and medical sonography. In addition to medically assisted sex-determination carried out by medical professionals, a growing sex- determination niche industry has developed and is marketing low-cost commercial products, widely advertised and available, that aid in the sex determination of an unborn child without the aid of medical professionals. Experts have demonstrated that the sex-selection industry is on the rise and predict that it will continue to be a growing trend in the United States. Sex determination is always a necessary step to the procurement of a sex-selection abortion. (D) A ``sex-selection abortion'' is an abortion undertaken for purposes of eliminating an unborn child of an undesired sex. Sex-selection abortion is barbaric, and described by scholars and civil rights advocates as an act of sex-based or gender-based violence, predicated on sex discrimination. By definition, sex-selection abortions do not implicate the health of the mother of the unborn, but instead are elective procedures motivated by sex or gender bias. (E) The targeted victims of sex-selection abortions performed in the United States and worldwide are overwhelmingly female. The selective abortion of females is female infanticide, the intentional killing of unborn females, due to the preference for male offspring or ``son preference''. Son preference is reinforced by the low value associated, by some segments of the world community, with female offspring. Those segments tend to regard female offspring as financial burdens to a family over their lifetime due to their perceived inability to earn or provide financially for the family unit as can a male. In addition, due to social and legal convention, female offspring are less likely to carry on the family name. ``Son preference'' is one of the most evident manifestations of sex or gender discrimination in any society, undermining female equality, and fueling the elimination of females' right to exist in instances of sex-selection abortion. (F) Sex-selection abortions are not expressly prohibited by United States law and the laws of 48 States. Sex-selection abortions are performed in the United States. In a March 2008 report published in the Proceedings of the National Academy of Sciences, Columbia University economists Douglas Almond and Lena Edlund examined the sex ratio of United States-born children and found ``evidence of sex selection, most likely at the prenatal stage''. The data revealed obvious ``son preference'' in the form of unnatural sex-ratio imbalances within certain segments of the United States population, primarily those segments tracing their ethnic or cultural origins to countries where sex-selection abortion is prevalent. The evidence strongly suggests that some Americans are exercising sex-selection abortion practices within the United States consistent with discriminatory practices common to their country of origin, or the country to which they trace their ancestry. While sex-selection abortions are more common outside the United States, the evidence reveals that female feticide is also occurring in the United States. (G) The American public supports a prohibition of sex-selection abortion. In a March 2006 Zogby International poll, 86 percent of Americans agreed that sex-selection abortion should be illegal, yet only two States have proscribed sex-selection abortion. (H) Despite the failure of the United States to proscribe sex-selection abortion, the United States Congress has expressed repeatedly, through Congressional resolution, strong condemnation of policies promoting sex-selection abortion in the ``Communist Government of China''. Likewise, at the 2007 United Nation's Annual Meeting of the Commission on the Status of Women, 51st Session, the United States' delegation spearheaded a resolution calling on countries to eliminate sex-selective abortion, a policy directly contradictory to the permissiveness of current United States' law, which places no restriction on the practice of sex-selection abortion. The United Nations Commission on the Status of Women has urged governments of all nations ``to take necessary measures to prevent . . . prenatal sex selection''. (I) A 1990 report by Harvard University economist Amartya Sen, estimated that more than 100 million women were ``demographically missing'' from the world as early as 1990 due to sexist practices, including sex- selection abortion. Many experts believe sex-selection abortion is the primary cause. As of 2008, estimates of women missing from the world range in the hundreds of millions. (J) Countries with longstanding experience with sex-selection abortion--such as the Republic of India, the United Kingdom, and the People's Republic of China--have enacted complete bans on sex-selection abortion, and have steadily continued to strengthen prohibitions and penalties. The United States, by contrast, has no law in place to restrict sex-selection abortion, establishing the United States as affording less protection from sex-based feticide than the Republic of India or the People's Republic of China, whose recent practices of sex-selection abortion were vehemently and repeatedly condemned by United States congressional resolutions and by the United States' Ambassador to the Commission on the Status of Women. Public statements from within the medical community reveal that citizens of other countries come to the United States for sex-selection procedures that would be criminal in their country of origin. Because the United States permits abortion on the basis of sex, the United States may effectively function as a ``safe haven'' for those who seek to have American physicians do what would otherwise be criminal in their home countries--a sex-selection abortion, most likely late- term. (K) The American medical community opposes sex- selection abortion. The American College of Obstetricians and Gynecologists, commonly known as ``ACOG'', stated in its February 2007 Ethics Committee Opinion, Number 360, that sex-selection is inappropriate for family planning purposes because sex- selection ``ultimately supports sexist practices''. Likewise, the American Society for Reproductive Medicine has opined that sex-selection for family planning purposes is ethically problematic, inappropriate, and should be discouraged. (L) Sex-selection abortion results in an unnatural sex-ratio imbalance. An unnatural sex-ratio imbalance is undesirable, due to the inability of the numerically predominant sex to find mates. Experts worldwide document that a significant sex-ratio imbalance in which males numerically predominate can be a cause of increased violence and militancy within a society. Likewise, an unnatural sex-ratio imbalance gives rise to the commoditization of humans in the form of human trafficking, and a consequent increase in kidnapping and other violent crime. (M) Sex-selection abortions have the effect of diminishing the representation of women in the American population, and therefore, the American electorate. (N) Sex-selection abortion reinforces sex discrimination and has no place in a civilized society. (2) Racial discrimination findings.-- (A) Minorities are a vital part of American society and culture and possess the same fundamental human rights and civil rights as the majority. (B) United Sates law prohibits the dissimilar treatment of persons of different races who are similarly situated. United States law prohibits discrimination on the basis of race in various contexts, including the provision of employment, education, housing, health insurance coverage, and athletics. (C) A ``race-selection abortion'' is an abortion performed for purposes of eliminating an unborn child because the child or a parent of the child is of an undesired race. Race-selection abortion is barbaric, and described by civil rights advocates as an act of race-based violence, predicated on race discrimination. By definition, race-selection abortions do not implicate the health of mother of the unborn, but instead are elective procedures motivated by race bias. (D) No State has enacted law to proscribe the performance of race-selection abortions. (E) Race-selection abortions have the effect of diminishing the number of minorities in the American population and therefore, the American electorate. (F) Race-selection abortion reinforces racial discrimination and has no place in a civilized society. (3) General findings.-- (A) The history of the United States includes examples of both sex discrimination and race discrimination. The people of the United States ultimately responded in the strongest possible legal terms by enacting constitutional amendments correcting elements of such discrimination. Women, once subjected to sex discrimination that denied them the right to vote, now have suffrage guaranteed by the 19th amendment. African-Americans, once subjected to race discrimination through slavery that denied them equal protection of the laws, now have that right guaranteed by the 14th amendment. The elimination of discriminatory practices has been and is among the highest priorities and greatest achievements of American history. (B) Implicitly approving the discriminatory practices of sex-selection abortion and race-selection abortion by choosing not to prohibit them will reinforce these inherently discriminatory practices, and evidence a failure to protect a segment of certain unborn Americans because those unborn are of a sex or racial makeup that is disfavored. Sex-selection and race-selection abortions trivialize the value of the unborn on the basis of sex or race, reinforcing sex and race discrimination, and coarsening society to the humanity of all vulnerable and innocent human life, making it increasingly difficult to protect such life. Thus, Congress has a compelling interest in acting-- indeed it must act--to prohibit sex-selection abortion and race-selection abortion. (b) Constitutional Authority.--In accordance with the above findings, Congress enacts the following pursuant to Congress' power under section 2 of the 13th amendment and section 5 of the 14th amendment to enforce those amendments, including the prohibition on government action denying equal protection of the laws, and the power to pass all legislation necessary and proper for the carrying into execution of these powers. SEC. 3. DISCRIMINATION AGAINST THE UNBORN ON THE BASIS OF RACE OR SEX. (a) In General.--Chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 249. Discrimination against the unborn on the basis of race or sex ``(a) In General.--Whoever knowingly-- ``(1) performs an abortion knowing that such abortion is sought based on the sex, gender, color or race of the child, or the race of a parent of that child; ``(2) uses force or the threat of force to intentionally injure or intimidate any person for the purpose of coercing a sex-selection or race-selection abortion; or ``(3) solicits or accepts funds for the purpose of financing a sex-selection abortion or a race-selection abortion; or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both. ``(b) Civil Remedies.-- ``(1) Injunctive relief.--The Attorney General may in a civil action obtain appropriate prospective injunctive relief to enjoin a violation of subsection (a). ``(2) Loss of federal funding.--A violation of subsection (a) shall be deemed for the purposes of title VI of the Civil Rights Act of 1964 to be discrimination prohibited by section 601 of that Act. ``(3) Private cause of action.--The father, if married to the mother at the time she receives a sex-selection abortion or a race-selection abortion, or, if the mother has not attained the age of 18 years at the time of the abortion, the maternal grandparents of the unborn, may on behalf of the unborn in a civil action obtain appropriate relief with respect to a violation of subsection (a). The court may award a reasonable attorney's fee as part of the costs in an action under this paragraph. Appropriate relief includes money damages for all injuries (whether psychological, physical, or financial, including loss of companionship and support) occasioned by the violation. ``(c) Reporting Requirement.--A physician, physician's assistant, nurse, counselor, or other medical or mental health professional shall report known or suspected violations of any of this section to appropriate law enforcement authorities. Whoever violates this requirement shall be fined under this title or imprisoned not more than 1 year, or both. ``(d) Expedited Consideration.--It shall be the duty of the United States district courts, United States courts of appeal, and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under this section. ``(e) Exception.--A woman upon whom a sex-selection or race- selection abortion is performed may not be prosecuted or held civilly liable for any violation of this section, or for a conspiracy to violate this section. ``(f) Definition.--The term `abortion' means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child, unless the act is done with the intent to-- ``(1) save the life or preserve the health of the unborn child; ``(2) remove a dead unborn child caused by spontaneous abortion; or ``(3) remove an ectopic pregnancy.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 13 of title 18, United States Code, is amended by adding after the item relating to section 248 the following new item: ``249. Discrimination against the unborn on the basis of race or sex.''. SEC. 4. SEVERABILITY. If any portion of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the portions or applications of this Act which can be given effect without the invalid portion or application.

Susan B. Anthony and Frederick Douglass Prenatal Nondiscrimination Act of 2009 - Imposes criminal penalties on anyone who knowingly or knowingly attempts to: (1) perform an abortion knowing that the abortion is sought based on the sex, gender, color or race of the child, or the race of a parent; (2) use force or the threat of force to intentionally injure or intimidate any person for the purpose of coercing a sex-selection or race-selection abortion; or (3) solicit or accept funds to finance a sex-selection abortion or a race-selection abortion. Authorizes injunctive relief. Deems a violation of this act to be prohibited discrimination under title VI (Federally Assisted Programs) of the Civil Rights Act of 1964. (Violators of title VI lose federal funding.) Provides for a private right of action for appropriate relief: (1) for the father if he is married to the mother at the time she has such an abortion; or (2) for the maternal grandparents of the unborn child if the mother is under 18 at the time of the abortion. Declares that appropriate relief includes money damages for all injuries, whether psychological, physical, or financial, including loss of companionship and support. Requires a medical or mental health professional to report known or suspected violations to law enforcement authorities. Imposes criminal penalties for a failure to so report. Prohibits a woman having such an abortion from being prosecuted or held civilly liable. Excludes from the definition of "abortion" actions taken to terminate a pregnancy if the intent is to save the life or preserve the health of the unborn child, remove a dead unborn child caused by spontaneous abortion, or remove an ectopic pregnancy.

To prohibit discrimination against the unborn on the basis of sex or race, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Main Street Revival Act of 2017''. SEC. 2. DEFERRAL OF CERTAIN EMPLOYMENT TAXES BY SMALL BUSINESSES. (a) In General.--Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Election by Small Businesses To Defer Payment.-- ``(1) In general.--A specified small business may elect to pay the specified first-year employment taxes of such business in installments as provided in paragraph (2). ``(2) Payment in installments.-- ``(A) In general.--If an election is made under paragraph (1), the specified first-year employment taxes shall be paid in 4 equal installments. The first installment shall be paid on the date which is one year after the end of the specified first year and each succeeding installment shall be paid on the date which is one year after the due date of the previous installment. ``(B) Acceleration of payment under certain circumstances.--If there is an addition to tax for failure to pay timely assessed with respect to any installment required under this subsection, a liquidation or sale of substantially all the assets of the taxpayer (including in a title 11 or similar case), a cessation of business by the taxpayer, or any similar circumstance, then the unpaid portion of all remaining installments shall be due on the date of such event (or in the case of a title 11 or similar case, the day before the petition is filed). ``(C) Proration of any deficiency to installments.--If an election is made under paragraph (1) to pay the specified first-year employment taxes in installments and a deficiency has been assessed, the deficiency shall be prorated to such installments. The part of the deficiency so prorated to any installment the date for payment of which has not arrived shall be collected at the same time as, and as a part of, such installment. The part of the deficiency so prorated to any installment the date for payment of which has arrived shall be paid upon notice and demand from the Secretary. This subsection shall not apply if the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax. ``(3) Specified small business.--For purposes of this section-- ``(A) In general.--The term `specified small business' means any HUBZone business if there is a reasonable expectation as of the first day of the specified first-year that such business will not employ more than 25 full-time employees (determined under section 45R(d) by treating the specified first year as the taxable year) for such year. Such term shall not include any business unless the specified first-year of such business begins after the date of the enactment of this subsection. ``(B) Hubzone business.--The term `HUBZone business' means any employer if-- ``(i) every trade or business of such employer is actively conducted within a HUBZone, and ``(ii) a substantial portion of the services performed for such employer by its employees are performed in a HUBZone. ``(C) Hubzone.--The term `HUBZone' means any area which would be a historically underutilized business zone (as defined in section 3(p)(1) of the Small Business Act) if such section were applied without regard to subparagraphs (C), (D), and (E) thereof. ``(4) Specified first-year employment taxes.--For purposes of this section-- ``(A) In general.--The term `specified first-year employment taxes' means, with respect to any specified small business, the taxes imposed under subsections (a) and (b) with respect to wages paid during the specified first-year of such business. ``(B) Specified first-year.--The term `specified first-year' means, with respect to any specified small business, the 1-year period beginning on the first date that any employee of such business performs any service for such business. ``(5) Aggregation rules, etc.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as one person for purposes of this subsection. Any reference in this subsection to any person shall include a reference to any predecessor of such person. ``(6) Trust funds held harmless.--Appropriations, deposits, and transfers to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) shall be made in such amount, at such time, and in such manner as such appropriations, deposits, and transfers would be made if this subsection had never been enacted.''. (b) Effective Date.--The amendment made by this section shall apply to any specified small business (as defined in section 3111(f) of the Internal Revenue Code of 1986, as added by this section) the specified first-year of which (within the meaning of such section 3111) begins after the date of the enactment of this Act.

Main Street Revival Act of 2017 This bill amends the Internal Revenue Code to allow a specified small business to pay its first-year employment taxes in four annual installments. The bill defines "specified small business" as any HUBZone business (a business operating in a historically underutilized business zone as defined by the Small Business Act) that is not reasonably expected to employ more than 25 full-time employees in its first year of operation.

Main Street Revival Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Urgent Counter-Terrorism Supplemental Appropriations Act, 2002''. SEC. 2. STATEMENT OF APPROPRIATION. The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2002, and for other purposes. TITLE I--APPROPRIATION AND TRANSFERS OF FUNDS SEC. 101. APPROPRIATION. In addition to the amounts provided in any other Act, there is hereby appropriated $6,548,000,000 to the ``Defense Emergency Response Fund'' only for the purpose of upgrading critical defense and intelligence capabilities to fight the war on terrorism and to recover from the attacks of September 11, 2001. SEC. 102. TRANSFERS OF FUNDS. Notwithstanding any other provision of law or this Act, within 15 days after the President makes an emergency designation under section 301 for any amount specified in any section of title II, the Secretary of Defense shall transfer the requisite funds appropriated by section 101 to appropriate accounts in the Treasury in accordance with the allocations specified in title II. TITLE II--ALLOCATION OF FUNDS SEC. 201. ANTI-TERRORISM INTELLIGENCE UPGRADES. To upgrade and improve the effectiveness of counter-terrorism intelligence collection and analysis, to better protect intelligence resources from terrorist attack, and to accelerate the installation of real-time linkages between intelligence systems and military warfighting platforms, $2,001,000,000 of the funds appropriated in section 101 shall be allocated as follows: (1) $368,000,000 shall be available only to improve Department of Defense and intelligence agency human intelligence collection capabilities against terrorist organizations to include additional manpower, additional analytical capability, and agent operation expenses. (2) $245,000,000 shall be available only to the Director of Central Intelligence to support critical foreign counter- intelligence force protection requirements and to provide additional counter-terrorism assistance to the Federal Bureau of Investigation in accordance with law. (3) $80,000,000 shall be available only to the Director of Central Intelligence to upgrade counter-terrorism intelligence tasking, processing, exploitation, and dissemination capabilities. (4) $55,000,000 shall be available only to the Secretary of Defense to upgrade counter-terrorism intelligence tasking, processing, exploitation, and dissemination capabilities. (5) $497,000,000 shall be available only to procure and support the enhancement and deployment of additional Intelligence, Surveillance, and Reconnaissance assets in support of Operation Enduring Freedom and follow-on anti- terrorist operations. (6) $159,000,000 shall be available only to enhance Navy and Air Force electronic networking of assets and time critical targeting capabilities. (7) $182,000,000 shall be available only to procure Link 16 systems for tactical ISR platforms to allow real time data exchange between combat and command and control platforms. (8) $415,000,000 shall be available only to the Director of Central Intelligence, in consultation with the Secretary of Defense, for intelligence agency physical security upgrades, data survivability/continuity enhancements, and satellite infrastructure improvements. SEC. 202. CHEMICAL AND BIOLOGICAL WARFARE DEFENSE CAPABILITIES. To upgrade and improve the ability of the United States to detect, prevent and respond to chemical and biological warfare terrorist attacks at home and abroad, $817,000,000 of the funds appropriated in section 101 shall be allocated as follows: (1) $307,000,000 shall be available only for rapid development and/or procurement and deployment of biological weapons detection systems and chemical/biological decontamination equipment at key military and civilian facilities. (2) $82,000,000 shall be available only to accelerate production of anthrax vaccines and smallpox vaccine samples, to develop next generation anthrax vaccines, and to develop, test, evaluate and procure new drug therapies to counter biological threat agents. (3) $185,000,000 shall be available only to equip existing Army National Guard Weapons of Mass Destruction Civil Support teams (WMD-CST teams) with mobile analytical laboratory capabilities and to establish, train and equip additional WMD- CST teams in the following States and territories in order to complete the objective of establishing WMD-CST teams in each State and territory: (A) Alabama. (B) Connecticut. (C) Delaware. (D) District of Columbia. (E) Indiana. (F) Kansas. (G) Maryland. (H) Michigan. (I) Mississippi. (J) Montana. (K) Nebraska. (L) New Hampshire. (M) New Jersey. (N) Nevada. (O) North Carolina. (P) North Dakota. (Q) Oregon. (R) Rhode Island. (S) South Dakota. (T) Tennessee. (U) Utah. (V) Vermont. (W) West Virginia. (X) Wisconsin. (Y) Wyoming. (Z) American Samoa. (AA) Guam. (BB) Puerto Rico and Virgin Islands. (4) $40,000,000 shall be available only for biological weapons proliferation prevention activities under the Cooperative Threat Reduction Program. Of such funds, $30,000,000 shall be transferred to ``Department of State-- Nonproliferation, Anti-Terrorism, Demining, and Related Programs'' only for the purpose of supporting expansion of the Biological Weapons Redirect and International Science and Technology Centers programs to prevent former Soviet weapons experts from emigrating to proliferant States and to reconfigure former Soviet biological weapons production facilities for peaceful uses. (5) $68,000,000 shall be available only to support and equip Marine Corps and Army chemical/biological warfare response teams, including the procurement of additional mobile decontamination units for these teams. (6) $25,000,000 shall be available only for the Army Chemical Stockpile Emergency Preparedness Program for State and Federal technical assistance projects to ensure public safety at chemical weapons storage facilities in the following States: (A) Alabama. (B) Arkansas. (C) Colorado. (D) Illinois. (E) Indiana. (F) Maryland. (G) Kentucky. (H) Oregon. (I) Utah. (J) Washington. (7) $60,000,000 shall be available only for the procurement of interoperable communications equipment to enable Army emergency response teams to communicate with local emergency response personnel. (8) $50,000,000 shall be available only to implement short- term facility repairs and improvements at the biocontainment research laboratories of the Army Medical Research Institute of Infectious Disease at Fort Detrick, Maryland, and the facilities of the Army Institute of Pathology (AFIP) at the Walter Reed Medical Center for the purpose of improving quick response to demands for confirmatory and diagnostic testing of potential biological threats and to accelerate the development of treatments and vaccines against biological agents. SEC. 203. SPECIAL FORCES COUNTER-TERRORISM CAPABILITY. To upgrade and improve the ability of Special Forces to successfully operate in Operation Enduring Freedom and future anti- terrorist operations, $755,000,000 of the funds appropriated in section 101 shall be allocated as follows: (1) $50,000,000 shall be available only for the procurement of AN/PRC 112B survival radios for SOF rescue/extraction teams to provide geo-location and low probability of intercept/ detection communications capability. (2) $90,000,000 shall be available only to procure common missile warning systems and improved conventional munitions dispensers for the MH-47 and MH-60 aircraft to enhance rotary wing survivability. (3) $125,000,000 shall be available only to support counter-terrorism full mission profile training to increase the probability of mission success and decrease the possibility of fratricide and to provide for shortfalls in flying hours necessary to conduct such training and operations. (4) $125,000,000 shall be available only to support survivability and mission enhancement upgrades for C-130, MH- 53, and other SOF aircraft. (5) $165,000,000 shall be available only to procure nonstandard weapons and ammunition, unconventional equipment and supplies, and other SOF unique counter-terrorism enhancements to current capabilities. (6) $200,000,000 shall be available only for SOCOM equipment sustainment and refurbishment, and for procurement of additional equipment. SEC. 204. MUNITIONS AND ESSENTIAL EQUIPMENT REPLENISHMENT AND UPGRADES. To ensure an adequate supply of precision guided weapons and other weapons and munitions to fully prosecute Operation Enduring Freedom and future potential anti-terrorist operations, and to provide for the rapid development and deployment of promising anti-terrorist weapons, WMD defense capabilities, and added support to key tactical warfare systems, $912,000,000 of the funds appropriated in section 101 shall be allocated as follows: (1) $250,000,000 shall be available only to accelerate the development and procurement of the tactical tomahawk cruise missile. (2) $180,000,000 shall be available only for the procurement of laser-guided bomb kits. (3) $125,000,000 shall be available only for procurement of Army and Marine Corps small arms, small arms ammunition, and night vision equipment. (4)(A) $250,000,000 shall be available only to ``Operational Rapid Response Transfer Fund'', to remain available for obligation until September 30, 2002, only for the accelerated research, development, test, evaluation, procurement, or deployment of military technologies, systems, or other equipment necessary for improving the capability to fight terrorism, protect the force, prepare for and respond to terrorist attacks, or improve the capabilities of key tactical systems. (B) The Secretary of Defense may transfer funds under this paragraph only to operation and maintenance accounts, procurement accounts, or research, development, test and evaluation accounts. (C) Of the funds under this paragraph, $75,000,000 shall be available only to support quick reaction activities to develop and deploy promising new weapons and other WMD defense capabilities that are recommended by the Department of Defense Combating Terrorism Technology Task Force. (D) The Secretary of Defense shall provide written notification to the congressional defense committees prior to the transfer of any amount under this paragraph in excess of $5,000,000 to a specific program, project, or activity. (E) None of the funds under this paragraph may be obligated for new start projects without prior notification to the congressional defense committees in conformance with normal reprogramming procedures and guidelines. (5) $107,000,000 shall be available only to improve secure communications capabilities of the Army Reserve components by providing hardening, redundancy, storage, and information assurance for network infrastructure. SEC. 205. FORCE PROTECTION AND RECOVERY ACTIVITIES. To upgrade physical security at Department of Defense and intelligence agency installations, and to accelerate efforts to repair, reconstruct, and renovate the Pentagon Reservation, $966,000,000 of the funds appropriated in section 101 shall be allocated as follows: (1)(A) $800,000,000 shall be available only to finance accelerated building renovation activities for military command centers and related activities at the Pentagon Reservation in order to accelerate completion of the Pentagon renovation project by at least 4 years from the current estimated completion date of 2014. (B) None of the funds under this paragraph shall be obligated until 15 days after the Secretary of Defense has submitted to the Congress a revised Pentagon renovation plan to include estimated total costs by year and by function, a comprehensive construction schedule, an assessment of the security and operational benefits derived from an accelerated schedule, and a certification that it is the Secretary's best estimate that expenditure of such funds will accelerate the final completion of the Pentagon renovation by at least 4 years. (2) $45,000,000 shall be available only to procure patrol boat equipment in support of enhanced Navy capabilities to maintain threat standoff distances in foreign ports. (3) $30,000,000 shall be available only to procure security equipment identified by the Navy to be necessary to increase the security of military sealift ships. (4) $25,000,000 shall be available only to upgrade firefighting self contained breathing equipment on Navy surface ships. (5) $31,000,000 shall be available only for Navy and Air Force anti-access equipment. (6) $25,000,000 shall be available only for Army anti- access equipment. (7) $10,000,000 shall be available only to modernize the USS Comfort and USS Mercy hospital ships. SEC. 206. ESSENTIAL AIRCRAFT UPGRADES. To make essential upgrades and improvements in aircraft capabilities for operating in the Central Asia region, $602,000,000 of the funds appropriated in section 101 shall be allocated as follows: (1) $88,000,000 shall be available only for the procurement of additional decoys, armor, and other self-protection upgrades for Air Force aircraft. (2) $55,000,000 shall be available only for the procurement of additional laser detecting sets and other self protection and engine upgrades for Army (including SOCOM) helicopters. (3) $48,000,000 shall be available only for the procurement of crashworthy UH-60 helicopter extended range fuel tanks. (4) $129,000,000 shall be available only to accelerate planned electronic self protection, communications, navigation, and engine upgrade modifications to combat search and rescue helicopters. (5) $67,000,000 shall be available only to procure additional Litening targeting pods for AV-8B Harrier aircraft. (6) $70,000,000 shall be available only to upgrade strategic communications systems for the national airborne command post. (7) $145,000,000 shall be available only to improve the reliability of B-52 electronics and the maintainability of B-2 surfaces. SEC. 207. OPERATION ENDURING FREEDOM OPERATIONAL COSTS. To ensure that the military services are not required to make reductions in essential training, readiness, equipment maintenance, quality of life, or research and development programs in order to pay for the unbudgeted and unpredictable operational costs of Operation Enduring Freedom, and to ensure that the aging equipment being used in Operation Enduring Freedom is properly maintained, $495,000,000 of the funds appropriated in section 101 shall be allocated as follows: (1) $220,000,000 shall be available only to supplement the defense working capital funds for increased fuel, base operations, and training costs. (2) $200,000,000 shall be available only for additional spare parts to support Operation Enduring Freedom. (3) $75,000,000 shall be available only for increased depot maintenance requirements resulting from Operations Noble Eagle and Enduring Freedom. TITLE III--GENERAL PROVISIONS SEC. 301. EMERGENCY DESIGNATION. The entire amount specified in any section of title II-- (1) is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985; and (2) shall be available only if an official budget request for the entire amount contained in such section, that includes designation of the entire amount as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, is transmitted by the President to the Congress. SEC. 302. REPORTING REQUIREMENT. Within 15 days after the President makes an emergency designation under section 301 for the amount specified in any section of title II, the Secretary of Defense shall provide to the Congress a report specifying the accounts to which the funds involved are to be transferred and project level budget justifications for each transfer. SEC. 303. MERGER OF AMOUNTS. Funds transferred under this Act shall be merged with, and shall be available for the same time period as, the appropriations to which the funds are transferred. SEC. 304. AUTHORIZATION OF FUNDS FOR INTELLIGENCE ACTIVITIES. Funds transferred under this Act to accounts for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414).

Urgent Counter-Terrorism Supplemental Appropriations Act, 2002 - Appropriates additional funds for FY 2002 to the Defense Emergency Response Fund solely for upgrading critical defense and intelligence capabilities to fight the war on terrorism and recover from the terrorist attacks of September 11, 2001.Allocates such funds to the following categories: (1) anti-terrorism intelligence upgrades, including funds for the Department of Defense and the Central Intelligence Agency; (2) chemical and biological warfare defense capabilities, including funds for detection systems, vaccines, mobile laboratories, and public safety at chemical weapons storage facilities; (3) special forces counter-terrorism capability, including for survival radios, common missile warning systems, and nonstandard and unconventional weapons and equipment; (4) munitions and essential equipment replenishment and upgrades; (5) force protection and recovery activities, including renovations of the Pentagon Reservation; (6) essential aircraft upgrades; and (7) Operation Enduring Freedom operational costs.Designates all such funds as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985, limiting their availability unless Congress receives a presidential budget request for the entire amount in such category.

To make additional emergency supplemental appropriations for fiscal year 2002 for urgent counter-terrorism activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Contraception for Women Servicemembers and Dependents Act of 2017''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Women are serving in the Armed Forces at increasing rates, playing a critical role in the national security of the United States. Women comprise just over 15 percent of military service members and more than 200,000 women serve on active duty in the Armed Forces or in the Selected Reserve. (2) More than 95 percent of women serving in the military are of reproductive age. And approximately 1,100,000 female spouses and dependents of active duty military personnel are of reproductive age. (3) TRICARE covered approximately 1,400,000 women of reproductive age in 2015, including female spouses and dependents of active duty military personnel. For approximately 900,000 of these women, TRICARE was their only source of coverage. (4) Contraception is critical for women's health and is highly effective at reducing unintended pregnancy. The Centers for Disease Control and Prevention describe contraception as one of the 10 greatest public health achievements of the twentieth century. (5) Contraceptive access is strongly connected to women's greater educational and professional opportunities and increased lifetime earnings. Increased wages and increased control over reproductive decisions provide women with educational and professional opportunities that have increased gender equality over the decades since contraception was introduced. (6) Studies have shown that when cost barriers to the full range of methods of contraception are eliminated, and women receive comprehensive counseling on the various methods of contraception (including highly effective and more expensive Long-Acting Reversible Contraceptives (LARCs)), rates of unintended pregnancy decline. Costs can be prohibitive, particularly for LARCs which can have high upfront costs. (7) Research has also shown that investments in effective contraception save public and private dollars. (8) In order to fill gaps in coverage and access to preventive care critical for women's health, the Affordable Care Act (ACA) requires all non-grandfathered individual and group health plans to cover without cost-sharing preventive services, including a set of evidence-based preventive services for women supported by the Health Resources and Services Administration (HRSA). These women's preventive services include the full range of female-controlled U.S. Food and Drug Administration-approved contraceptive methods, effective family planning practices, and sterilization procedures. HRSA has affirmed that contraceptive care includes contraceptive counseling, initiation of contraceptive use, and follow-up care (e.g., management, and evaluation as well as changes to and removal or discontinuation of the contraceptive method). (9) Under the TRICARE program, servicewomen on active duty have full coverage of all prescription drugs, including contraception, without cost-sharing requirements. However, servicewomen not on active duty and female dependents of members of the Armed Forces do not have similar coverage of all prescription methods of contraception approved by the Food and Drug Administration without cost-sharing. (10) Studies indicate that servicewomen need comprehensive counseling for pregnancy prevention, particularly in their predeployment preparations, and the lack thereof is contributing to unintended pregnancies among servicewomen. (11) Research studies based on the Department of Defense Survey of Health Related Behaviors Among Active Duty Military Personnel found a high unintended rate of pregnancy among servicewomen. Adjusting for the difference between age distributions in the Armed Forces and the general population, the rate of unintended pregnancy among servicewomen is higher than among the general population. (12) The Defense Advisory Committee on Women in the Services (DACOWITS) has recommended that all the Armed Forces, to the extent that they have not already, implement initiatives that inform servicemembers of the importance of family planning, educate them on methods of contraception, and make various methods of contraception available, based on the finding that family planning can increase the overall readiness and quality of life of all members of the Armed Forces. (13) Health care, including family planning for survivors of sexual assault in the Armed Forces is a critical issue, particularly given the prevalence of sexual assault in the military. Recent data show that women in the military are five times more likely to be victims of sexual assault than men. Servicewomen who are survivors of sexual assault should not be treated differently from civilian survivors. The Department of Defense reported that there were more than 3,000 reported sexual assaults involving service members in fiscal year 2011. (14) Servicewomen on active duty report rates of unwanted sexual contact at approximately 16 times those of the comparable general population of women in the United States. Through regulations, the Department of Defense already supports a policy of ensuring that servicewomen who are sexually assaulted have access to emergency contraception. SEC. 3. CONTRACEPTION COVERAGE PARITY UNDER THE TRICARE PROGRAM. (a) In General.--Section 1074d of title 10, United States Code, is amended-- (1) in subsection (a)-- (A) in the subsection heading, by inserting ``for Members and Former Members'' after ``Services Available''; and (B) in paragraph (1), by striking ``subsection (b)'' and inserting ``subsection (d)''; (2) by redesignating subsection (b) as subsection (d); and (3) by inserting after subsection (a) the following new subsections: ``(b) Care Related to Prevention of Pregnancy.--Female covered beneficiaries shall be entitled to care related to the prevention of pregnancy described in subsection (d)(3). ``(c) Prohibition on Cost-Sharing for Certain Services.-- Notwithstanding section 1074g(a)(6), section 1075, or section 1075a of this title or any other provision of law, cost-sharing may not be imposed or collected for care related to the prevention of pregnancy provided pursuant to subsection (a) or (b), including for any method of contraception provided, whether provided through a facility of the uniformed services, the TRICARE retail pharmacy program, or the national mail-order pharmacy program.''. (b) Care Related to Prevention of Pregnancy.--Subsection (d)(3) of such section, as redesignated by subsection (a)(2), is further amended by inserting before the period at the end the following: ``(including all methods of contraception approved by the Food and Drug Administration, contraceptive care (including with respect to insertion, removal, and follow up), sterilization procedures, and patient education and counseling in connection therewith)''. (c) Conforming Amendment.--Section 1077(a)(13) of such title is amended by striking ``section 1074d(b)'' and inserting ``section 1074d(d)''. SEC. 4. EDUCATION ON FAMILY PLANNING FOR MEMBERS OF THE ARMED FORCES. (a) Education Programs.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish a uniform standard curriculum that will be used in education programs on family planning for all members of the Armed Forces, including both men and women members. (2) Sense of congress.--It is the sense of Congress that the education programs described in paragraph (1) should use the latest technology available to efficiently and effectively deliver information to members of the Armed Forces. (b) Elements.--The uniform standard curriculum established under subsection (a) shall include the following: (1) Information for members of the Armed Forces on active duty to make informed decisions regarding family planning. (2) Information about the prevention of unintended pregnancy and sexually transmitted infections, including human immunodeficiency virus. (3) Information on the importance of providing comprehensive family planning for members of the Armed Forces and their commanding officers and on the positive impact family planning can have on the health and readiness of the Armed Forces. (4) Current, medically accurate information. (5) Clear, user-friendly information on the full range of methods of contraception and where members of the Armed Forces can access their chosen method of contraception. (6) Information on all applicable laws and policies so that members of the Armed Forces are informed of their rights and obligations. (7) Information on patients' rights to confidentiality. (8) Information on the unique circumstances encountered by members of the Armed Forces, and the effects of such circumstances on the use of contraception. SEC. 5. PREGNANCY PREVENTION ASSISTANCE AT MILITARY TREATMENT FACILITIES FOR WOMEN WHO ARE SEXUAL ASSAULT SURVIVORS. (a) Purpose.--The purpose of this section is to provide in statute, and to enhance, existing regulations that require health care providers at military treatment facilities to consult with survivors of sexual assault once clinically stable regarding options for emergency contraception and any necessary follow-up care, including the provision of emergency contraception. (b) In General.--The assistance specified in subsection (c) shall be provided at every military treatment facility to the following: (1) Any woman who presents at a military treatment facility and states to personnel of the facility that she is a victim of sexual assault or is accompanied by another individual who states that the woman is a victim of sexual assault. (2) Any woman who presents at a military treatment facility and is reasonably believed by personnel of such facility to be a survivor of sexual assault. (c) Assistance.-- (1) In general.--The assistance specified in this subsection shall include the following: (A) The prompt provision by appropriate staff of the military treatment facility of comprehensive, medically and factually accurate, and unbiased written and oral information about all methods of emergency contraception approved by the Food and Drug Administration. (B) The prompt provision by such staff of emergency contraception to a woman upon her request. (C) Notification to the woman of her right to confidentiality in the receipt of care and services pursuant to this section. (2) Nature of information.--The information provided pursuant to paragraph (1)(A) shall be provided in language that is clear and concise, is readily comprehensible, and meets such conditions (including conditions regarding the provision of information in languages other than English) as the Secretary may provide in regulations prescribed pursuant to this section.

Access to Contraception for Women Servicemembers and Dependents Act of 2017 This bill expands the TRICARE health care program to entitle additional female beneficiaries and dependents to care related to the prevention of pregnancy. (Currently, such care is limited to certain female members of the uniformed service or a reserve component performing active duty or certain servicewomen performing inactive-duty training.) Cost-sharing may not be imposed or collected for such pregnancy prevention care, including for any method of contraception provided through a facility of the uniformed services, the TRICARE retail pharmacy program, or the national mail-order pharmacy program. Such pregnancy prevention care shall include: (1) all methods of contraception approved by the Food and Drug Administration (FDA), (2) contraceptive care, (3) sterilization procedures, and (4) patient education and counseling. The Department of Defense shall establish a uniform standard curriculum to be used in family planning education programs for all men and women members of the Armed Forces. Every military treatment facility, upon request, shall provide emergency contraception, information about FDA-approved methods of emergency contraception, and notification of confidentiality rights to any woman who: (1) states, or is accompanied by another individual who states, that the woman is a victim of sexual assault; or (2) is reasonably believed to be a survivor of sexual assault.

Access to Contraception for Women Servicemembers and Dependents Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Health Centers Investment Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) An estimated 35,000,000 Americans have no regular source of health care, and lack access to the most basic health services. (2) Access to health care is especially difficult for those Americans who live in medically underserved rural communities or inner city neighborhoods, who lack public or private health insurance coverage and the ability to pay directly for care, or who are members of other vulnerable groups, including individuals who are homeless or are migrant farm workers. (3) The consequences of poor access to health care is evidenced in elevated infant and childhood mortality rates, dangerously low childhood immunization rates, overutilization of hospital emergency rooms or other inappropriate providers of primary care services, and hospitalization rates for preventable conditions that are significantly higher than the national average. (4) Community health centers, which serve more than 16,000,000 needy Americans in more than 5,000 communities across the country, provide an effective and proven model for extending access to all medically underserved Americans. (5) Numerous independent studies confirm that these health centers have compiled a remarkable record of achievement in providing care of superior quality, with exceptional cost- effectiveness and efficiency, saving billions of dollars for both taxpayers and private payers. (6) Over the past 5 years, with strong bipartisan support from the Congress and encouragement by the Executive Branch, nearly 900 underserved communities were funded to establish or expand a health center, offering care to almost 5,000,000 more needy individuals. Yet during that same period, another 800 communities were approved for a health center but were not funded, because not enough funding was available for them, and there are thousands more underserved communities across America that need a health center but do not have one today. (7) Furthermore, the existing, currently funded health centers have experienced reduced Federal grant support over the past 2 years, jeopardizing their ability to be sustained and meet the needs of the growing number of uninsured in their service areas. Growing new health centers without supporting existing ones is a failed policy that will ultimately weaken this valuable resource for the most disadvantaged Americans. (8) Critical to the growth of new and existing health centers is having a sufficient supply of primary care health professionals to staff them. Currently, health centers rely on the National Health Service Corps for over 20 percent of their physician workforce. Yet, fewer than half of all Corps placements are made to health centers, even though they are one of the strongest cords in the health care safety net. (9) According to published research, health centers in the last year experienced a 15 percent physician vacancy rate and a 19 percent dentist vacancy rate nationally. In rural areas, vacancy rates were higher, 19 percent for physicians and 27 percent for dentists. (10) Adequate reimbursement for the services that health centers provide is another pressing need if health centers are to fulfill their mission. While health centers provide care to more than 1,000,000 medically underserved Medicare beneficiaries, their Medicare payments are subject to an arbitrary payment cap that is now 15 years old and adversely affects more than three-quarters of all health centers, causing annual revenue losses in excess of $50,000,000 nationally. SEC. 3. COMMUNITY HEALTH CENTERS. (a) Funding.--To carry out the program authorized under section 330 of the Public Health Service Act (42 U.S.C. 254b), there are authorized to be appropriated, and there are appropriated-- (1) for fiscal year 2008, $2,563,000,000; (2) for fiscal year 2009, $2,863,000,000; (3) for fiscal year 2010, $3,263,000,000; (4) for fiscal year 2011, $3,663,000,000; (5) for fiscal year 2012, $4,163,000,000; (6) for fiscal year 2013, $4,663,000,000; (7) for fiscal year 2014, $5,263,000,000; and (8) for fiscal year 2015, $5,863,000,000. (b) Use of Funds.--In each of the fiscal years described in subsection (a), amounts appropriated under such section shall be used in accordance with the following priorities: (1) Fiscal year 2008.--With respect to fiscal year 2008: (A) First priority shall be given to providing continuing operating grants to all health centers that received operating grants under section 330 of the Public Health Service Act (42 U.S.C. 254b) during the previous fiscal year, and which continue to meet all eligibility requirements for the receipt of funding under such section. (B) Second priority shall be given to providing an adjustment (not to exceed $100,000,000 for all health centers) in the amount of each operating grant awarded to a health center pursuant to subparagraph (A) to account for-- (i) the increased cost of providing services through each such health center based on the average increase in costs per encounter reported by all health centers during the most recent reporting period for which such information is available prior to the beginning of the fiscal year; and (ii) the change in the number of users reported by each such health center during the most recent reporting period for which such information is available prior to the beginning of the fiscal year; (C) Third priority shall be given to providing initial operating grants (or expanded operating grants, as the case may be) to all eligible applicants for New Access Point or Expanded Medical Capacity grants during fiscal years 2002 through 2007 (not to exceed $225,000,000 for all such grantees), that-- (i) received a score of ``Fully Acceptable'' or better from an Objective Review Committee established by the Health Resources and Services Administration during that period; and (ii) did not receive funding because of a lack of available appropriated funds during that period to permit the funding of such applications. (D) Fourth priority shall be given to providing initial operating grants (or expanded operating grants, as the case may be) to all eligible applicants for New Access Point or Expanded Medical Capacity grants during fiscal year 2008, that received a score of ``Fully Acceptable'' or better from an Objective Review Committee established by the Health Resources and Services Administration during that fiscal year, subject to the availability of appropriations. Notwithstanding any funding criteria that may otherwise be utilized in the selection of grantees under the programs described in this subparagraph, the criteria to be used for the approval of applications under this subparagraph shall ensure an equitable geographic distribution with respect to the service areas of the grantees that receive such assistance. (E)(i) Fifth priority shall be given to supporting the planning and development of new health centers (not to exceed $25,000,000 for all such support) in communities that demonstrate need for a health center under section 330 of the Public Health Service Act (42 U.S.C. 254b), including counties, other eligible geographic or governmental subdivisions such as cities, towns, neighborhoods, or groups of such subdivisions in contiguous areas. (ii) Funds made available under clause (i) shall be used to award grants in accordance with section 330(c) of the Public Health Service Act (42 U.S.C. 254b(c)), particularly to entities that will serve medically underserved areas identified through the use of criteria including the distance of the area from other sources of primary medical or dental care, the lack of access to existing primary health care practices among the population of the community, the lack of acceptance of Medicaid beneficiaries among existing primary health care practices in the community, significant disparities in health status, the percentage of uninsured and underinsured, and other measures that indicate barriers to appropriate primary health care. (iii) Of the amount made available for grants under clause (i), not more than $20,000,000 may be used to provide support to health center networks (as defined in section 330(e)(1)(C) of the Public Health Service Act (42 U.S.C. 254b(e)(1)(C)), or to organizations that represent all health centers in a State, and that have established or have made a commitment to establishing Statewide systems of health centers that will ensure the presence of health centers in all underserved areas in that State. (iv) Notwithstanding any funding criteria that may otherwise be utilized in awarding grants of the type described in this subparagraph, the criteria used for the approval of applications under this subparagraph shall ensure an equitable geographic distribution with respect to the service areas of the grantees that receive such assistance. (2) Succeeding fiscal years.--For fiscal year 2009, and for each succeeding fiscal year, funds shall be distributed under this section in accordance with the priorities described in subparagraphs (A), (B), (D), and (E) of paragraph (1). SEC. 4. NATIONAL HEALTH SERVICE CORPS. (a) Funding.--To carry out the programs authorized under sections 331 through 338G of the Public Health Service Act (42 U.S.C. 254d- 254p), there are authorized to be appropriated, and there are appropriated-- (1) for fiscal year 2008, $150,000,000; (2) for fiscal year 2009, $175,000,000; (3) for fiscal year 2010, $200,000,000; (4) for fiscal year 2011, $225,000,000; (5) for fiscal year 2012, $250,000,000; (6) for fiscal year 2013, $275,000,000; (7) for fiscal year 2014, $300,000,000; and (8) for fiscal year 2015, $325,000,000. (b) Assignment of Personnel.-- (1) In general.--Section 333(a)(3) of the Public Health Service Corps (42 U.S.C. 254f(a)(3)) is amended to read as follows: ``(3)(A) In approving applications for assignment of members of the Corps, the Secretary shall not discriminate against application from entities that are not receiving Federal financial assistance under this Act. ``(B) In approving such applications, the Secretary shall-- ``(i) give preference to applications in which a nonprofit entity or public entity shall provide a site to which Corps members may be assigned; and ``(ii) give the highest preference to applications-- ``(I) from entities described in clause (i) that are federally qualified health centers as defined in section 1905(l)(2)(B) of the Social Security Act; and ``(II) from entities described in clause (i) that primarily serve racial and ethnic minority and other health disparity populations with annual incomes at or below twice those set forth in the most recent poverty guidelines issued by the Secretary pursuant to section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)).''. (2) Priorities in assignment of corps personnel.--Section 333A of the Public Health Service Act (42 U.S.C. 254f-1) is amended-- (A) in subsection (a)-- (i) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively; and (ii) by inserting before paragraph (2) (as so redesignated) the following: ``(1) give preference to applications as set forth in subsection (a)(3) of section 333;''; and (B) by striking ``subsection (a)(1)'' each place such appears and inserting ``subsection (a)(2)''. (3) Conforming amendment.--Section 338I(c)(3)(B)(ii) of the Public Health Service Act (42 U.S.C. 254q-1(c)(3)(B)(ii)) is amended by striking ``section 333A(a)(1)'' and inserting ``section 333A(a)(2)''. (c) Revision of Scholarship Limitation.--Section 338H(b) of the Public Health Service Act (42 U.S.C. 254q(b)) is amended to read as follows: ``(b) Scholarships.--Of the amount appropriated under subsection (a) for a fiscal year, the Secretary shall obligate not less than 40 percent for the purpose of awarding contracts for scholarships under this subpart (including scholarships to individuals from disadvantaged backgrounds).''. SEC. 5. MEDICARE. (a) Coverage for FQHC Ambulatory Services.--Section 1861(aa)(3) of the Social Security Act (42 U.S.C. 1395x(aa)(3)) is amended to read as follows: ``(3) The term `Federally qualified health center services' means-- ``(A) services of the type described in subparagraphs (A) through (C) of paragraph (1), and such other services furnished by a Federally qualified health center for which payment may otherwise be made under this title if such services were furnished by a health care provider or health care professional other than a Federally qualified health center; and ``(B) preventive primary health services that a center is required to provide under section 330 of the Public Health Service Act; when furnished to an individual as a patient of a Federally qualified health center.''. (b) Per Visit Payment Requirements for FQHCs.--Section 1833(a)(3)(A) of the Social Security Act (42 U.S.C. 1395l(a)(3)(A)), is amended by adding ``(which regulations may not limit the per visit payment amount, or a component of such amount, for services described in section 1832(a)(2)(D)(ii))'' after ``the Secretary may prescribe in regulations''. (c) Effective Date.--The amendments made by this section shall apply to services provided on or after January 1, 2007.

Community Health Centers Investment Act - Authorizes appropriations for FY2008-FY2015 for: (1) primary health care centers for underserved populations; and (2) the National Health Service Corps. Establishes priorities for the use of such funds and the assignment of Corps personnel. Amends the Public Health Service Act to increase amounts available for the National Health Corps Scholarship program (including scholarships to individuals from disadvantaged backgrounds). Amends title XVIII (Medicare) of the Social Security Act to prohibit limitations on the per visit payment amount, or a component of such amount, for federally qualified health centers.

A bill to increase Federal support for Community Health Centers and the National Health Service Corps in order to ensure access to health care for millions of Americans living in medically-underserved areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Power Act Amendments of 1996''. SEC. 2. LIMITED EXEMPTION TO HYDROELECTRIC LICENSING PROVISIONS FOR TRANSMISSION FACILITIES ASSOCIATED WITH THE EL VADO HYDROELECTRIC PROJECT. (a) Exemption.--Part I of the Federal Power Act, and the jurisdiction of the Federal Energy Regulatory Commission under such part I, shall not apply to the transmission line facilities associated with the El Vado Hydroelectric Project (FERC Project No. 5226-002) which are described in subsection (b). (b) Facilities Covered by Exemption.--The facilities to which the exemption under subsection (a) applies are those transmission facilities located near the Rio Chama, a tributary of the Rio Grande, in Rio Arriba County, New Mexico, referred to as the El Vado transmission line, a three phase 12-mile long 69 kV power line installed within a 50-foot wide right-of-way in Rio Arriba County, New Mexico, originating at the El Vado Project's switchyard and connecting to the Spills 69 kV Switching Station operated by the Northern Arriba Electric Cooperative, Inc. SEC. 3. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC PROJECTS. The Federal Power Act, as amended, (16 U.S.C. 1791a et seq.) is further amended by adding the following at the end of section 23: ``(c) In the case of any project works in the State of Alaska-- ``(1) that are not part of a project licensed under this Act prior to the date of enactment of this subsection; ``(2) for which a license application has not been accepted for filing by the Commission prior to the date of enactment of this subsection (unless such application is withdrawn at the election of the applicant); ``(3) having a power production capacity of 5,000 kilowatts or less; ``(4) located entirely within the boundaries of the State of Alaska; and ``(5) not located in whole or in part on any Indian reservation, unit of the National Park System, component of the Wild and Scenic Rivers System or segment of a river designated for study for potential addition to such system, the State of Alaska shall have the exclusive authority to authorize such project works under State law, in lieu of licensing by the Commission under the otherwise applicable provisions of this part, effective upon the date on which the Governor of the State of Alaska notifies the Secretary of Energy that the State has in place a process for regulating such projects which gives appropriate consideration to the improvement or development of the State's waterways for the use or benefit of intrastate, interstate, or foreign commerce, for the improvement and use of waterpower development, for the adequate protection, mitigation of damage to, and enhancement of fish and wildlife (including related spawning grounds), and for other beneficial public uses, including irrigation, flood control, water supply, recreational and other purposes, and Indian rights, if applicable. ``(d) In the case of a project that would be subject to authorization by the State under subsection (c) but for the fact that the project has been licensed by the Commission prior to the enactment of subsection (c), the licensee of such project may in its discretion elect to make the project subject to the authorizing authority of the State. ``(e) With respect to projects located in whole or in part on Federal lands, State authorizations for project works pursuant to subsection (c) of this section shall be subject to the approval of the Secretary having jurisdiction with respect to such lands and subject to such terms and conditions as the Secretary may prescribe. ``(f) Nothing in subsection (c) shall preempt the application of Federal environment, natural, or cultural resources protection laws according to their terms.''. SEC. 4. FERC VOLUNTARY LICENSING OF HYDROELECTRIC PROJECTS ON FRESH WATERS IN THE STATE OF HAWAII. Section 4(e) of the Federal Power Act is amended by striking ``several States, or upon'' and inserting ``several States (except fresh waters in the State of Hawaii, unless a license would be required by section 23 of the Act), or upon''. SEC. 5. EXTENSION OF COMMENCEMENT OF CONSTRUCTION DEADLINE FOR CERTAIN HYDROELECTRIC PROJECTS LOCATED IN ILLINOIS. (a) Project Number 3943.-- (1) Notwithstanding the time limitations of section 13 of the Federal Power Act, the Federal Energy Regulatory Commission, upon the request of the licensee for project number 3943 (and after reasonable notice), may extend the time required for commencement of construction of such project for not more than 3 consecutive 2-year periods, in accordance with paragraphs (2) and (3). (2) An extension may be granted under paragraph (1) only in accordance with-- (A) the good faith, due diligence, and public interest requirements contained in section 13 of the Federal Power Act; and (B) the procedures of the Federal Energy Regulatory Commission under such section. (3) This subsection shall take effect for project number 3943 upon the expiration of the extension of the period required for commencement of construction of such project issued by the Federal Energy Regulatory Commission under section 13 of the Federal Power Act. (b) Project Number 3944.-- (1) Notwithstanding the time limitations of section 13 of the Federal Power Act, the Federal Energy Regulatory Commission, upon the request of the licensee for FERC project number 3944 (and after reasonable notice), may extend the time required for commencement of construction of such project for not more than 3 consecutive 2-year periods, in accordance with paragraphs (2) and (3). (2) An extension may be granted under paragraph (1) only in accordance with-- (A) the good faith, due diligence, and public interest requirements contained in section 13 of the Federal Power Act; and (B) the procedures of the Commission under such section. (3) this subsection shall take effect for project number 3944 upon the expiration of the extension of the period required for commencement of construction of such project issued by the Commission under section 13 of the Federal Power Act. SEC. 6. REFURBISHMENT AND CONTINUED OPERATION OF A HYDROELECTRIC FACILITY IN MONTANA. Notwithstanding section 10(e)(1) of the Federal Power Act or any other law requiring payment to the United States of an annual or other charge for the use, occupancy, and enjoyment of land by the holder of a license issued by the Federal Energy Regulatory Commission under part I of the Federal Power Act, a political subdivision of the State of Montana that accepts the terms and conditions of a license for Federal Energy Regulatory Commission project number 1473 in Granite County and Deer Lodge County, Montana-- (1) shall not be required to pay any such charge with respect to the 5-year period following the date of acceptance; and (2) after that 5-year period and for so long as the political subdivision holds the license, shall be required to pay such charges under section 10(e)(1) of the Federal Power Act or any other law for the use, occupancy, and enjoyment of the land covered by the license as the Federal Energy Regulatory Commission or any other Federal agency may assess, not to exceed a total of $20,000 for any year. Passed the Senate September 27, 1996. Attest: KELLY D. JOHNSTON, Secretary.

Federal Power Act Amendments of 1996 - Exempts certain transmission line facilities associated with the El Vado Hydroelectric Project in New Mexico from Federal Energy Regulatory Commission (FERC) licensing requirements. Amends the Federal Power Act (FPA) to prescribe circumstances under which certain hydroelectric projects in Alaska having a power production capacity of 5,000 kilowatts or less shall be subject to the licensing authority of the State in lieu of FERC. Grants the licensee of a currently FERC-licensed project the discretion to subject such project to the State's authorizing authority. Subjects any State authorization for a project located on Federal lands to the approval of the Secretary with jurisdiction over such lands, and to such terms and conditions as that Secretary may prescribe. Declares that nothing shall preempt the application of Federal environment, natural, or cultural resources protection laws according to their terms. Excludes from FERC voluntary licensing jurisdiction any hydroelectric projects upon fresh waters in Hawaii, unless a license would be required because: (1) the waters are navigable; or (2) the projects affect interstate commerce, are located on Federal lands, or use water from a government dam. Directs FERC to extend for three consecutive two-year periods, upon request of a certain licensee, the time required to commence construction of specified hydroelectric projects in the State of Illinois. Suspends certain FPA use and occupancy fees for a five-year period with respect to a State of Montana political subdivision that accepts the terms of a FERC license for a specified hydroelectric project in Granite and Deer Lodge Counties. Requires payment of such fees in an amount up to $20,000 for any year, after the five-year period, for as long as such subdivision holds such license.

Federal Power Act Amendments of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nation Building Here at Home Act of 2015''. SEC. 2. TRANSFORMATIONAL INFRASTRUCTURE COMPETITIVE GRANT PROGRAM. (a) Establishment.--Not later than 270 days after the date of enactment of this Act, the Secretary of Transportation shall establish a transformational infrastructure competitive grant program. (b) Grant Authority.--In carrying out the program established under subsection (a), the Secretary may make a grant, on a competitive basis, to any of the following: (1) A State government. (2) A local government. (3) A transit agency. (4) A port authority. (c) Eligible Projects.-- (1) In general.--A grant made under subsection (b) may be used for any of the following, if the Secretary determines that the project will significantly impact a metropolitan area, a region, or all of the United States: (A) A highway or bridge project eligible under title 23, United States Code, including interstate rehabilitation, improvements to the rural collector road system, the reconstruction of overpasses and interchanges, bridge replacements, bridge painting, seismic retrofit projects for bridges, and road realignments. (B) A public transportation project eligible under chapter 53 of title 49, United States Code, including investment in a project participating in the New Starts or Small Starts programs that will expedite the completion of that project and its entry into revenue service. (C) A passenger or freight rail transportation project. (D) A port infrastructure investment, including a project that connects ports to other modes of transportation and improves the efficiency of freight movement. (E) An aviation infrastructure project. (F) A water infrastructure project. (2) Coordination.--With respect to a project described in paragraph (1)(F), the Secretary shall coordinate any grant for such a project with the Administrator of the Environmental Protection Agency and the Secretary of the Army (acting through the Chief of Engineers). (d) Applications and Criteria for Grant Awards.-- (1) Applications.--To be eligible for a grant made under subsection (b), an entity described in paragraph (1), (2), (3), or (4) of that subsection shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate. (2) Criteria for grant awards.--Not later than 90 days after the date of enactment of this Act, the Secretary shall issue regulations specifying the criteria that the Secretary will use to make grants on a competitive basis under subsection (b). (3) Financial commitments.--The criteria specified by the Secretary under paragraph (2) shall include criteria for the consideration of-- (A) whether there are financial commitments in place with respect to a proposed project; (B) the degree of certainty with respect to such financial commitments; and (C) whether such financial commitments are from non-Federal sources. (e) Federal Share.--The Federal share of the cost of a project assisted with a grant made under subsection (b) may not exceed 100 percent of that cost. (f) Considerations.--In making grants under subsection (b), the Secretary shall ensure, to the extent practicable, that the grants-- (1) are distributed geographically in an equitable manner; (2) address the needs of both urban and rural areas appropriately; (3) promote the training and employment of veterans, including by having applicable contractors provide to veterans a preference during the hiring and referral of laborers; and (4) are utilized in a manner that ensures an appropriate percentage of grant amounts are expended through small business concerns owned and controlled by socially and economically disadvantaged individuals (as determined by the Secretary). (g) Applicability of Title 40.--Each project conducted using funds provided with a grant made under subsection (b) shall comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code. (h) Buy America.-- (1) In general.--None of the funds made available for a project under this Act may be used for the project unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (2) Exceptions.--Paragraph (1) shall not apply in any case or category of cases in which the Secretary finds that-- (A) applying paragraph (1) would be inconsistent with the public interest; (B) iron, steel, or the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities or to a satisfactory quality; or (C) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (3) Justifications.--If the Secretary determines that it is necessary to waive the application of paragraph (1) based on a finding under paragraph (2), the Secretary shall publish in the Federal Register a detailed justification for the waiver. (4) International agreements.--This subsection shall be applied in a manner consistent with United States obligations under international agreements. (i) Transparency and Accountability.--In carrying out the program established under subsection (a), the Secretary shall-- (1) take actions to ensure that grants made under subsection (b) are utilized as expeditiously and efficiently as possible; (2) make available to the public, on an appropriate Web site of the Department of Transportation, information on each grant made under subsection (b); and (3) submit to Congress, not later than 1 year after the first grant is made under subsection (b), and annually thereafter, information on grants made under subsection (b), including the progress made on projects funded by such grants. (j) Environmental Streamlining.--The Secretary shall coordinate, to the maximum extent practicable, with relevant Federal departments and agencies to ensure that environmental reviews are conducted in a manner that facilitates the accelerated delivery of projects for which a grant is made under this section. (k) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary to make grants under the program established under subsection (a) $985,000,000,000, in the aggregate, for fiscal years 2016 through 2020. (2) Eligible project use.--From the amounts made available under paragraph (1), the Secretary shall use-- (A) 85 percent of the amounts to make grants for projects described in subparagraph (A), (B), or (C) of subsection (c)(1); (B) 2 percent of the amounts to make grants for projects described in subparagraph (D) of subsection (c)(1); (C) 4 percent of the amounts to make grants for projects described in subparagraph (E) of subsection (c)(1); and (D) 9 percent of the amounts to make grants for projects described in subparagraph (F) of subsection (c)(1). SEC. 3. NATION BUILDING HERE AT HOME FINANCING INITIATIVE. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Transportation, shall establish a Nation Building Here at Home Financing Initiative in accordance with this section. (b) Authority To Issue Bonds.--In carrying out the initiative established under subsection (a), the Secretary of the Treasury may issue bonds. The aggregate face amount of bonds issued under this subsection may not exceed $300,000,000,000. (c) Characteristics of Bonds.--Bonds issued under subsection (b) shall be issued in such amounts, bear such rates of interest, and be subject to such terms and conditions as the Secretary of the Treasury may prescribe. (d) Use of Bond Proceeds.--The Secretary of the Treasury shall make available to the Secretary of Transportation the proceeds resulting from bonds issued under subsection (b). The Secretary of Transportation may use such proceeds only to carry out the program established under section 2(a) of this Act. SEC. 4. REPORT. Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall submit to Congress a comprehensive report describing the transportation needs of the United States for each of the following: (1) The 20-year period beginning on the date of enactment of this Act. (2) The 30-year period beginning after the period described in paragraph (1). (3) The 50-year period beginning after the period described in paragraph (2).

Nation Building Here at Home Act of 2015 Directs the Secretary of Transportation (Secretary) to establish a transformational infrastructure competitive grant program to award grants to state and local governments, transit agencies, and port authorities for certain public transportation projects (including water infrastructure projects) that will significantly impact a metropolitan area, a region, or all of the United States. Specifies the federal share of project costs at 100%. Requires the iron, steel, and manufactured goods used in projects funded under this Act to have been produced in the United States, except in specified circumstances. Requires the Secretary to coordinate with relevant federal departments and agencies to ensure that environmental reviews are made in a manner that accelerates delivery of such projects. Directs the Secretary of the Treasury to establish a Nation Building Here at Home Financing Initiative.

Nation Building Here at Home Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dr. Todd Graham Pain Management Improvement Act of 2018''. SEC. 2. PAIN MANAGEMENT STUDY. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall conduct a study and submit to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report containing recommendations on whether and how reimbursement to providers and suppliers of services, coverage, and coding policies related to the use of multi-disciplinary, evidence- based, non-opioid treatments for acute and chronic pain management for individuals entitled to benefits under part A or enrolled under part B of title XVIII of the Social Security Act should be revised. The Secretary shall make such report available on the public website of the Centers for Medicare & Medicaid Services. (b) Consultation.--In developing the report described in subsection (a), the Secretary shall consult with-- (1) relevant agencies within the Department of Health and Human Services; (2) licensed and practicing osteopathic and allopathic physicians, physician assistants, nurse practitioners, dentists, and pharmacists; (3) hospitals and other medical facilities, including acute care hospitals, cancer hospitals, psychiatric hospitals, hospital emergency departments, facilities furnishing urgent care services, ambulatory surgical centers, and post-acute care and long-term care facilities (such as skilled nursing facilities, inpatient rehabilitation facilities, long-term care hospitals, and home health agencies); (4) substance abuse and mental health professional organizations; (5) pain management professional organizations and advocacy entities, including individuals who personally suffer chronic pain; (6) medical professional organizations and medical specialty organizations; (7) licensed health care providers who furnish alternative pain management services; (8) organizations with expertise in the development of innovative medical technologies for pain management; (9) beneficiary advocacy organizations; and (10) other organizations with expertise in the assessment, diagnosis, treatment, and management of pain, as determined appropriate by the Secretary. (c) Contents.--The report described in subsection (a) shall include the following: (1) The recommendations described in subsection (d). (2) The impact analysis described in subsection (e). (3) An assessment of pain management guidance published by the Federal Government that may be relevant to coverage determinations or other coverage requirements under title XVIII of the Social Security Act. (4) Recommendations for updating, including expanding, the ``CDC Guideline for Prescribing Opioids for Chronic Pain-- United States, 2016'' published in March 2016 by the Centers for Disease Control and Prevention, including for purposes of management of pain. Such recommendations shall-- (A) consider incorporating relevant elements of the ``Va/DoD Clinical Practice Guideline for Opioid Therapy for Chronic Pain'' published in February 2017 by the Department of Veterans Affairs and Department of Defense, including adoption of elements of the Department of Defense and Veterans Administration pain rating scale; and (B) include recommendations on how the ``CDC Guideline for Prescribing Opioids for Chronic Pain-- United States, 2016'', as so updated, could be adopted by health care providers across clinical settings. (5) An evaluation of the following: (A) Barriers inhibiting individuals entitled to benefits under part A or enrolled under part B of such title from accessing treatments and technologies described in subparagraphs (A) through (C) of paragraph (6). (B) Potential legislative and administrative changes under such title to improve individuals' access to items and services currently covered under such title and used for the treatment of pain, such as cognitive behavioral interventions, physical therapy, occupational therapy, physical medicine, biofeedback therapy, and chiropractic therapy, and other pain treatments services furnished in a hospital or post- acute care setting. (C) Costs and benefits associated with potential expansion of coverage under such title to include items and services not covered under such title that may be used for the treatment of pain, such as acupuncture, therapeutic massage, and items and services furnished by integrated pain management programs. (6) An analysis on reimbursement, coverage, and coding policies (including DRG classification, CPT, HCPCS, NDC, and other applicable codes) under title XVIII of the Social Security Act with respect to the following: (A) Non-opioid based treatments and technologies for chronic or acute pain, including such treatments that are covered, not covered, or have limited coverage under such title. (B) Non-opioid based treatments and technologies that monitor substance use withdrawal and prevent overdoses of opioids. (C) Non-opioid based treatments and technologies that treat substance use disorders. (D) Items and services furnished by practitioners through a multi-disciplinary treatment model for pain management. (E) Medical devices, non-opioid based drugs, and other therapies (including interventional and integrative pain therapies) approved or cleared by the Food and Drug Administration for the treatment of pain. (F) Items and services furnished to beneficiaries with psychiatric disorders, substance use disorders, or who are at risk of suicide, or have comorbidities and require consultation or management of pain with one or more specialists in pain management, mental health, or addiction treatment. (d) Recommendations.--The recommendations described in this subsection are, with respect to individuals entitled to benefits under part A or enrolled under part B of title XVIII of the Social Security Act, legislative and administrative recommendations on the following: (1) Options for additional coverage of pain management therapies without the use of opioids, including interventional pain therapies, and options to augment opioid therapy with other clinical and complementary, integrative health services to minimize the risk of substance use disorder, including in a hospital setting. (2) Options for coverage and reimbursement modifications of medical devices and non-opioid based pharmacological and non- pharmacological therapies (including interventional and integrative pain therapies) approved or cleared by the Food and Drug Administration for the treatment of pain as an alternative or augment to opioid therapy. (3) Treatment strategies for beneficiaries with psychiatric disorders, substance use disorders, or who are at risk of suicide, and treatment strategies to address health disparities related to opioid use and opioid abuse treatment. (4) Treatment strategies for beneficiaries with comorbidities who require a consultation or comanagement of pain with one or more specialists in pain management, mental health, or addiction treatment, including in a hospital setting. (5) Coadministration of opioids and other drugs, particularly benzodiazepines. (6) Appropriate case management for beneficiaries who transition between inpatient and outpatient hospital settings, or between opioid therapy to non-opioid therapy, which may include the use of care transition plans. (7) Outreach activities designed to educate providers of services and suppliers under the Medicare program and individuals entitled to benefits under part A or under part B of such title on alternative, non-opioid therapies to manage and treat acute and chronic pain. (8) Creation of a beneficiary education tool on alternatives to opioids for chronic pain management. (e) Impact Analysis.--The impact analysis described in this subsection consists of an analysis of any potential effects implementing the recommendations described in subsection (d) would have-- (1) on expenditures under the Medicare program; and (2) on preventing or reducing opioid addiction for individuals receiving benefits under the Medicare program.

Dr. Todd Graham Pain Management Improvement Act of 2018 This bill requires the Centers for Medicare & Medicaid Services to publish a report on whether Medicare payments, coverage, and coding policies for non-opioid pain management treatments should be revised. The report must include an analysis of pain management and prescribing guidelines, access to non-opioid treatments, and the effect of any recommended changes on Medicare and enrollee opioid addiction.

Dr. Todd Graham Pain Management Improvement Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intercity Rail Infrastructure Investment Act''. SEC. 2. FINDINGS. Congress finds that-- (1) intercity passenger rail service is an essential component of an integrated national transportation system; (2) Amtrak must lessen its dependence on Federal operating support and instead enter into more sustaining partnerships with States, multi-State regions, and localities; (3) intercity passenger rail service can play a significant role in reducing traffic congestion, improve national ambient air quality standards, and lower fuel consumption; (4) since certain major rail corridors clearly meet the description of National Highway System principal arterial routes in section 103(b)(1) of title 23, United States Code, by serving major population centers, major travel destinations, and other intermodal transportation facilities, the corridors should be designated as part of the mapped National Highway System; (5) since intercity passenger rail service is often provided in the same corridor as, or in proximity to, a designated segment of the National Highway System or will improve the level of service on a National Highway System segment, the service should be eligible for funding under section 103(i) of title 23, United States Code; (6) States should be given the maximum flexibility in the use of Federal transportation funds provided under titles 23 and 49, United States Code, to provide-- (A) transportation systems that reflect local priorities; and (B) the highest quality most appropriate transportation services for citizens of the States; and (7) Federal law should not restrict the rights of States to use their Federal transportation allocation for intercity passenger rail service. SEC. 3. DESIGNATION OF CERTAIN CORRIDORS AS PART OF NATIONAL HIGHWAY SYSTEM. Section 103 of title 23, United States Code, is amended by inserting after subsection (b) the following: ``(c) Rail Lines and Related Facilities.--The National Highway System as designated pursuant to this section shall include the rail lines and related facilities owned or used by the National Railroad Passenger Corporation for the provision of intercity passenger service between Boston, Massachusetts, and Washington, District of Columbia (including the rail lines owned by the Corporation between Philadelphia, Pennsylvania, and Harrisburg, Pennsylvania, and between New Haven, Connecticut, and Springfield, Massachusetts); between New York, New York, and Albany, New York; between Albany, New York, and Buffalo, New York; between Washington, District of Columbia, and Richmond, Virginia; between Raleigh, North Carolina, and Charlotte, North Carolina; between Miami, Florida, and Tampa, Florida (through West Palm Beach, Florida, and Orlando, Florida); between Detroit, Michigan, and Chicago, Illinois; between Milwaukee, Wisconsin, and Chicago, Illinois; between St. Louis, Missouri, and Chicago, Illinois; between San Diego, California, and Sacramento, California (through Los Angeles, California, and Oakland, California); and between Eugene, Oregon, and Vancouver, British Columbia (through Portland, Oregon).''. SEC. 4. INTERSTATE RAIL COMPACTS. (a) Consent to Compacts.--Congress grants consent to States with an interest in a specific form, route, or corridor of intercity passenger rail service (including high speed rail service) to enter into interstate compacts to promote the provision of the service, including-- (1) retaining an existing service or commencing a new service; (2) assembling rights-of-way; and (3) performing capital improvements, including-- (A) the construction and rehabilitation of maintenance facilities; (B) the purchase of locomotives; and (C) operational improvements, including communications, signals, and other systems. (b) Financing.--An interstate compact established by States under subsection (a) may provide that, in order to carry out the compact, the States may-- (1) accept contributions from a unit of State or local government or a person; (2) use any Federal or State funds made available for intercity passenger rail service (except funds made available for the National Railroad Passenger Corporation); (3) on such terms and conditions as the States consider advisable-- (A) borrow money on a short-term basis and issue notes for the borrowing; and (B) issue bonds; and (4) obtain financing by other means permitted under Federal or State law. SEC. 5. ELIGIBILITY OF PASSENGER RAIL AS NATIONAL HIGHWAY SYSTEM PROJECT. Section 103(i) of title 23, United States Code, is amended by adding at the end the following: ``(14) Construction of and operational improvements for intercity passenger rail facilities, operation of intercity passenger rail trains, and acquisition of rolling stock for intercity passenger rail service, except that not more than 50 percent of the amount received by a State for a fiscal year under this paragraph may be obligated for operation.''. SEC. 6. ELIGIBILITY OF PASSENGER RAIL UNDER CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM. The first sentence of section 149(b) of title 23, United States Code, is amended-- (1) in paragraph (2), by striking ``or'' at the end; (2) in paragraph (3), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(4) if the project or program will have air quality benefits through construction of and operational improvements for intercity passenger rail facilities, operation of intercity passenger rail trains, and acquisition of rolling stock for intercity passenger rail service, except that not more than 50 percent of the amount received by a State for a fiscal year under this paragraph may be obligated for operating support.''. SEC. 7. ELIGIBILITY OF PASSENGER RAIL FOR MASS TRANSPORTATION FUNDING. (a) Definition of Mass Transportation.-- Section 5302(a)(7) of title 49, United States Code, is amended by inserting ``including intercity passenger rail transportation,'' after ``public''. (b) Definition of Designated Recipient.--Section 5307(a)(2) of title 49, United States Code, is amended-- (1) in subparagraph (B), by striking ``or'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting ``; or'' and (3) by adding at the end the following: ``(D) a provider of intercity passenger rail transportation.''. (c) Financial Assistance for Other Than Urbanized Areas.--Section 5311(b) of title 49, United States Code, is amended by adding at the end the following: ``(3) Grants for intercity passenger rail service under this section shall be used to preserve the maximum choice of passenger modes in areas other than urbanized areas.''.

Intercity Rail Infrastructure Investment Act - Amends Federal highway system law to designate certain National Railroad Passenger Corporation (AMTRAK) intercity passenger rail service corridors to be part of the National Highway System. Grants congressional consent to States with an interest in a specific form, route, or corridor of intercity passenger rail service (including high speed rail service) to enter into interstate compacts to promote such service. Makes construction of and operational improvements for intercity passenger rail facilities, operation of intercity passenger rail trains, and acquisition of rolling stock for intercity passenger rail service eligible projects for funding under the National Highway System. Authorizes States to obligate congestion mitigation and air quality improvement program funds for such projects. Revises the term "mass transportation" to cover intercity passenger rail transportation. Makes such transportation projects eligible for Federal mass transportation funding. Requires grants for intercity passenger rail service to be used to preserve the maximum choice of passenger modes in non-urbanized areas.

Intercity Rail Infrastructure Investment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chief Medical Officer Authorization Act of 2005''. SEC. 2. CHIEF MEDICAL OFFICER. (a) Establishment.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended-- (1) by redesignating the second section 510 as section 511; and (2) by adding at the end the following: ``SEC. 512. CHIEF MEDICAL OFFICER. ``(a) Chief Medical Officer.--There is in the Office of the Secretary of Homeland Security a Chief Medical Officer who shall be an Under Secretary. ``(b) General Responsibilities.--Subject to the direction and control of the Secretary, the responsibilities of the Chief Medical Officer shall include the following: ``(1) To report directly to the Secretary regarding all matters pertaining to the responsibilities listed in this section. ``(2) To act as an advisor to the Secretary regarding medically-related issues to ensure the accuracy of medical messages delivered by the Secretary and contribute to important decisions being made by the Secretary that have a foundation in medicine, medical treatment, or medical response. ``(3) To inform the public on medically-related homeland security issues, including threats and risk assessment, preparation, and response, and to provide information on how the public can best protect itself from such threats. ``(4) In consultation with the Secretary of Health and Human Services, to develop standards, prepare plans, and evaluate training programs for emergency medical personnel related to disaster preparedness and to make those findings available to the Congress and to the emergency medical provider community. ``(5) In consultation with the Assistant Secretary for Grants and Training, to be responsible for the oversight and management of the Metropolitan Medical Response System. ``(6) To develop and update guidelines to be distributed to local authorities for medical plans to respond to natural disasters, industrial or transportation accidents, or intentional attacks on the United States involving conventional or unconventional weapons. ``(7) To promote the development of mutual aid agreements to ensure the effective cooperation of civilian medical providers and facilities, including the development of intraregional and interregional coordination plans, interoperable equipment, standardized practices and procedures (including electronic systems to track patients transported from one location to another), and robust intraregional and interregional exercises. ``(8) In consultation with the Director of the Office of Science and Technology, to coordinate medically-related research and development programs of the Department of Homeland Security with research and development programs of other Federal departments and agencies, and with other entities. ``(9) To perform such other duties relating to the responsibilities described in this subsection as the Secretary may provide. ``(c) Responsibilities Regarding National Response Plan.--Subject to the direction and control of the Secretary, the responsibilities of the Chief Medical Officer regarding the National Response Plan created pursuant to Homeland Security Presidential Directive 5 (and any successor plan) shall include the following: ``(1) To direct the operational elements of the National Disaster Medical System response to an incident of national significance, including by coordinating the activities of the Department of Homeland Security with the activities of the Department of Defense, the Department of Health and Human Services, the Department of Veterans Affairs, and any other relevant Federal departments and agencies. ``(2) To submit a report to the Congress, not later than 6 months after the date of the enactment of this section, on the viability of expanding the National Disaster Medical System by adding a full-time, ready-to-deploy component and maintaining the existing system as a reserve component. ``(3) In consultation with the Secretary of Health and Human Services, to ensure that the National Response Plan includes a plan to rapidly deliver medical supplies from the Strategic National Stockpile to the site of a natural disaster, industrial or transportation accident, or intentional attack on the United States involving conventional or unconventional weapons, and to acquire the transportation, logistical, and other assets necessary to carry out the plan. ``(4) In cooperation with the Assistant Secretary for Infrastructure Protection, to ensure that plans are in place to ensure the continued functioning of the Nation's critical infrastructure in the event of a biological incident as defined in the Biological Incident Annex of the National Response Plan. ``(5) To submit to the Congress, within 30 days after the date of the enactment of this section-- ``(A) an analysis of conflicts among the Homeland Security Act of 2002, Homeland Security Presidential Directive 10, and the National Response Plan and its annexes as to the respective authorities and responsibilities of the Department of Homeland Security and the Department of Health and Human Services, when responding to a biological or medical disaster, especially if the disaster is declared an incident of national significance as defined in the National Response Plan; and ``(B) recommendations on appropriate statutory or other policy changes to address such conflicts. ``(d) Responsibilities Regarding National Medical Surge Capacity.-- Subject to the direction and control of the Secretary, the responsibilities of the Chief Medical Officer regarding national medical surge capacity shall include the following: ``(1) To conduct periodic assessments of the needs and capabilities of emergency medical providers, including governmental and nongovernmental providers, and to make the findings of such assessments available to the Congress and to the emergency medical provider community. ``(2) To conduct surveys, not later than 90 days after the date of the enactment of this section and periodically thereafter, on the number of emergency medical personnel, the number of available hospitals beds (especially emergency and isolation bed space), and the production capacity of the United States to make vaccines, medicines, and medical supplies, and to make the findings of such surveys available to the Congress and to the emergency medical provider community. ``(3) Consistent with the findings of the surveys conducted under paragraph (2), and in consultation with the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention, to ensure that the health care system of the United States is ready to respond to an incident of national significance, including natural disasters, industrial or transportation accidents, or intentional attacks on the United States involving conventional or unconventional weapons. ``(4) To focus Federal resources on developing a national medical surge capacity, including by-- ``(A) integrating and coordinating the assets of the Department of Homeland Security with the assets of the Department of Defense, the Department of Health and Human Services, and the Department of Veterans Affairs; ``(B) seeking to acquire and use private and government hospitals that have or will be closed, including hospitals that close because of the closure and realignment of military installations; and ``(C) in partnership with State and local authorities, generating and disseminating emergency backup plans for treatment and housing sick or injured citizens if hospital space is unavailable, including identification of sites, number of patients who can be treated there, and medical staff and equipment necessary to use the site as an emergency treatment facility. ``(e) Responsibilities Regarding Project BioShield.--Subject to the direction and control of the Secretary, the responsibilities of the Chief Medical Officer regarding Project BioShield shall include the following: ``(1) To ensure the rapid completion of material threat assessments and material threat determinations and any other responsibilities incumbent upon the Department of Homeland Security for Project BioShield. ``(2) To consult with the Department of Health and Human Services regarding requests for the release of information, requests for proposals, and the award of contracts pursuant to such requests by the Department of Health and Human Services under Project BioShield. ``(3) To serve as one of the representatives from the Department of Homeland Security on the Weapons of Mass Destruction Medical Countermeasures Subcommittee of the National Science and Technology Council and the Office of Science and Technology Policy in the Executive Office of the President.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by adding after the items relating to section 509 the following: ``Sec. 510. Procurement of security countermeasures for strategic national stockpile. ``Sec. 511. Urban and other high risk area communications capabilities. ``Sec. 512. Chief Medical Officer.''.

Chief Medical Officer Authorization Act of 2005 - Amends the Homeland Security Act of 2002 to provide for a Chief Medical Officer in the Office of the Secretary of Homeland Security.

To provide for a Chief Medical Officer in the Office of the Secretary of Homeland Security, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Communications and Competition Act of 2002''. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To facilitate the deployment of new wireless telecommunications networks in order to extend the reach of the Emergency Alert System (EAS) to viewers of multichannel video programming who may not receive Emergency Alert System warnings from other communications technologies. (2) To ensure that emergency personnel have priority access to communications facilities in times of emergency. (3) To promote the rapid deployment of low cost multi- channel video programming and broadband Internet services to the public, without causing harmful interference to existing telecommunications services. (4) To ensure the universal carriage of local television stations, including any Emergency Alert System warnings, by multichannel video programming distributors in all markets, regardless of population. (5) To advance the public interest by making available new high speed data and video services to unserved and underserved populations, including schools, libraries, tribal lands, community centers, senior centers, and low-income housing. (6) To ensure that new technologies capable of fulfilling the purposes set forth in paragraphs (1) through (5) are licensed and deployed promptly after such technologies have been determined to be technologically feasible. SEC. 3. LICENSING. (a) Grant of Certain Licenses.-- (1) In general.--The Federal Communications Commission shall assign licenses in the 12.2-12.7 GHz band for the provision of fixed terrestrial services using the rules, policies, and procedures used by the Commission to assign licenses in the 12.2-12.7 GHz band for the provision of international or global satellite communications services in accordance with section 647 of the Open-market Reorganization for the Betterment of International Telecommunications Act (47 U.S.C. 765f). (2) Deadline.--The Commission shall accept for filing and grant licenses under paragraph (1) to any applicant that is qualified pursuant to subsection (b) not later than six months after the date of the enactment of this Act. The preceding sentence shall not be construed to preclude the Commission from granting licenses under paragraph (1) after the deadline specified in that sentence to applicants that qualify after that deadline. (b) Qualifications.-- (1) Non-interference with direct broadcast satellite service.--A license may be granted under this section only if operations under the license will not cause harmful interference to direct broadcast satellite service. (2) Acceptance of applications.--The Commission shall accept an application for a license to operate a fixed terrestrial service in the 12.2-12.7 GHz band if the applicant-- (A) successfully demonstrates the terrestrial technology it will employ under the license with operational equipment that it furnishes, or has furnished, for independent testing pursuant to section 1012 of the Launching Our Communities' Access to Local Television Act of 2000 (47 U.S.C. 1110); and (B) certifies in its application that it has authority to use such terrestrial service technology under the license. (3) Clarification.--Section 1012(a) of the Launching Our Communities' Access to Local Television Act of 2000 (47 U.S.C. 1110(a); 114 Stat. 2762A-141) is amended by inserting ``, or files,'' after ``has filed''. (4) PCS or cellular services.--A license granted under this section may not be used for the provision of Personal Communications Service or terrestrial cellular telephony service. (c) Prompt Commencement of Service.--In order to facilitate and ensure the prompt deployment of service to unserved and underserved areas and to prevent stockpiling or warehousing of spectrum by licensees, the Commission shall require that any licensee under this section commence service to consumers within five years of the grant of the license under this section. (d) Expansion of Emergency Alert System.--Each licensee under this section shall disseminate Federal, State, and local Emergency Alert System warnings to all subscribers of the licensee under the license under this section. (e) Access for Emergency Personnel.-- (1) Requirement.--Each licensee under this section shall provide immediate access for national security and emergency preparedness personnel to the terrestrial services covered by the license under this section as follows: (A) Whenever the Emergency Alert System is activated. (B) Otherwise at the request of the Secretary of Homeland Security. (2) Nature of access.--Access under paragraph (1) shall ensure that emergency data is transmitted to the public, or between emergency personnel, at a higher priority than any other data transmitted by the service concerned. (f) Additional Public Interest Obligations.-- (1) Additional obligations.--Each licensee under this section shall-- (A) adhere to rules governing carriage of local television station signals and rules concerning obscenity and indecency consistent with sections 614, 615, 616, 624(d)(2), 639, 640, and 641 of the Communications Act of 1934 (47 U.S.C. 534, 535, 536, 544(d)(2), 559, 560, and 561); (B) make its facilities available for candidates for public office consistent with sections 312(a)(7) and 315 of the Communications Act of 1934 (47 U.S.C. 312(a)(7) and 315); and (C) allocate 4 percent of its capacity for services that promote the public interest, in addition to the capacity utilized to fulfill the obligations required of subparagraphs (A) and (B), such as-- (i) telemedicine; (ii) educational programming, including distance learning; (iii) high speed Internet access to unserved and underserved populations; and (iv) specialized local data and video services intended to facilitate public participation in local government and community life. (2) License boundaries.--In order to ensure compliance with paragraph (1), the Commission shall establish boundaries for licenses under this section that conform to existing television markets, as determined by the Commission for purposes of section 652(h)(1)(C)(i) of the Communications Act of 1934 (47 U.S.C. 534(h)(1)(C)(i)). (g) Redesignation of Multichannel Video Distribution and Data Service.--The Commission shall redesignate the Multichannel Video Distribution and Data Service (MVDDS) as the Terrestrial Direct Broadcast Service (TDBS).

Emergency Communications and Competition Act of 2002 - Directs the Federal Communications Commission (FCC) to assign licenses in the 12.2 -12.7 gigahertz band for the provision of fixed terrestrial communications services. Prohibits: (1) granting such a license if operations would interfere with direct broadcast satellite service; or (2) such licenses from being used for the provision of personal communications or terrestrial telephony service. Requires licensees to begin providing services within five years after the license is granted.Requires each licensee to: (1) disseminate Federal, State, and local Emergency Alert System warnings to all subscribers; (2) provide immediate access of its services for national security and emergency preparedness personnel; and (3) adhere to all FCC-established access requirements, including the carriage of local television station signals, access for political candidates, and public interest programming and services.Directs the FCC to: (1) establish boundaries for license recipients that conform to existing television markets; and (2) redesignate the Multichannel Video Distribution and Data Service as the Terrestrial Direct Broadcast Service.

A bill to facilitate the deployment of wireless telecommunications networks in order to further the availability of the Emergency Alert System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``NAFTA Worker Security Act of 1993''. SEC. 2. ESTABLISHMENT OF NAFTA TRANSITIONAL ADJUSTMENT ASSISTANCE PROGRAM. Chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) is amended by adding at the end the following new subchapter: ``Subchapter D--NAFTA Transitional Adjustment Assistance Program ``SEC. 250. ESTABLISHMENT OF TRANSITIONAL PROGRAM. ``(a) Group Eligibility Requirements.-- ``(1) Criteria.--A group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) shall be certified as eligible to apply for adjustment assistance under this subchapter pursuant to a petition filed under subsection (b) if the Secretary determines that a significant number or proportion of the workers in such workers' firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated, and either-- ``(A) that-- ``(i) the sales or production, or both, of such firm or subdivision have decreased absolutely, ``(ii) imports from Mexico or Canada of articles like or directly competitive with articles produced by such firm or subdivision have increased, and ``(iii) the increase in imports under clause (ii) contributed importantly to such workers' separation or threat of separation and to the decline in the sales or production of such firm or subdivision; or ``(B) that there has been a shift in production by such workers' firm or subdivision to Mexico or Canada of articles like or directly competitive with articles which are produced by the firm or subdivision. ``(2) Definition of contributed importantly.--The term `contributed importantly', as used in paragraph (1)(A)(iii), means a cause which is important but not necessarily more important than any other cause. ``(3) Regulations.--The Secretary shall issue regulations relating to the application of the criteria described in paragraph (1) in making preliminary findings under subsection (b) and determinations under subsection (c). ``(b) Preliminary Findings and Basic Assistance.-- ``(1) Filing of petitions.--A petition for certification of eligibility to apply for adjustment assistance under this subchapter may be filed by a group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) or by their certified or recognized union or other duly authorized representative with the Governor of the State in which such workers' firm or subdivision thereof is located. ``(2) Findings and assistance.--Upon receipt of a petition under paragraph (1), the Governor shall-- ``(A) notify the Secretary that the Governor has received the petition; ``(B) within 10 days after receiving the petition-- ``(i) make a preliminary finding as to whether the petition meets the criteria described in subsection (a)(1) (and for purposes of this clause the criteria described under subparagraph (A)(iii) of such subsection shall be disregarded), and ``(ii) transmit the petition, together with a statement of the finding under clause (i) and reasons therefor, to the Secretary for action under subsection (c); and ``(C) if the preliminary finding under subparagraph (B)(i) is affirmative, ensure that rapid response and basic readjustment services authorized under other Federal law are made available to the workers. ``(c) Review of Petitions by Secretary; Certifications.-- ``(1) In general.--The Secretary, within 30 days after receiving a petition under subsection (b), shall determine whether the petition meets the criteria described in subsection (a)(1). Upon a determination that the petition meets such criteria, the Secretary, subject to paragraph (3), shall issue to workers covered by the petition a certification of eligibility to apply for assistance described in subsection (d). ``(2) Denial of certification.--Upon denial of certification with respect to a petition under paragraph (1), the Secretary shall review the petition in accordance with the requirements of subchapter A to determine if the workers may be certified under such subchapter. ``(3) Covered workers.--A certification issued under paragraph (1) shall not apply to any worker whose last total or partial separation from the firm or subdivision occurred before January 1, 1994. ``(d) Comprehensive Assistance.--Workers covered by certification issued by the Secretary under subsection (c) shall be provided, in the same manner and to the same extent as workers covered under a certification under subchapter A, the following: ``(1) Employment services described in section 235. ``(2) Training described in section 236, except that notwithstanding the provisions of section 236(a)(2)(A), the total amount of payments for training under this subchapter between January 1, 1994, and June 30, 1995, shall not exceed $45,000,000. ``(3) Trade readjustment allowances described in sections 231 through 234, except that-- ``(A) the provisions of sections 231(a)(5)(C) and 231(c), authorizing the payment of trade readjustment allowances upon a finding that it is not feasible or appropriate to approve a training program for a worker, shall not be applicable to payment of such allowances under this subchapter; and ``(B) notwithstanding the provisions of section 233(b), a worker shall be enrolled in a training program approved by the Secretary under section 236(a) by the end of the 16th week of such worker's initial unemployment compensation benefit period in order for such worker to qualify for trade readjustment allowances under this subchapter. ``(4) Job search allowances described in section 237. ``(5) Relocation allowances described in section 238. ``(e) Administration.--The provisions of subchapter C shall apply to the administration of the program under this subchapter in the same manner and to the same extent as such provisions apply to the administration of the program under subchapters A and B, except that the agreement between the Secretary and the States described in section 239 shall specify the procedures that will be used to carry out the certification process under subsection (c) and the procedures for the provision of relevant data by the Secretary to assist the States in making preliminary findings under subsection (b).''. SEC. 3. CONFORMING AMENDMENTS. (a) References.--Sections 221(a), 222(a), and 223(a) of the Trade Act of 1974 are each amended by striking out ``chapter'' and inserting ``subchapter''. (b) Benefit Information.--Section 225(b) of the Trade Act of 1974 is amended by inserting ``or subchapter D'' after ``subchapter A'' in each place it appears. (c) Nonduplication of Assistance.--Subchapter C of chapter 2 of title II of the Trade Act of 1974 is amended by adding at the end the following new section: ``SEC. 249A. NONDUPLICATION OF ASSISTANCE. ``No worker may receive assistance relating to a separation pursuant to certifications under both subchapters A and D of this chapter.''. (d) Judicial Review.--Section 284 of the Trade Act of 1974 is amended by inserting ``or section 250(c)'' after ``section 223''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Section 245 of the Trade Act of 1974 is amended by-- (1) inserting ``(a)'' before ``There'', (2) inserting ``, except for subchapter D'' after ``chapter'', and (3) inserting the following new subsection at the end: ``(b) There are authorized to be appropriated to the Department of Labor, for each of fiscal years 1994 and 1995, such sums as may be necessary to carry out subchapter D of this chapter.''. SEC. 5. TERMINATION OF TRANSITIONAL PROGRAM. Section 285(c) of the Trade Act of 1974 is amended-- (1) by striking ``No'' and inserting ``(1) Except as provided in paragraph (2), no''; and (2) by inserting the following new paragraph at the end thereof: ``(2) No assistance, vouchers, allowances, or other payments may be provided under subchapter D of chapter 2 after June 30, 1995.''. SEC. 6. EFFECTIVE DATE. The amendments made by sections 2, 3, 4, and 5 take effect on the date the North American Free Trade Agreement enters into force.

NAFTA Worker Security Act of 1993 - Amends the Trade Act of 1974 to provide transitional trade adjustment assistance to workers adversely affected by the North American Free Trade Agreement (NAFTA) among the United States, Canada, and Mexico. Makes such workers eligible for assistance if the Secretary of Labor determines that a significant number of the workers in a firm have become totally or partially separated, or are threatened to become totally or partially separated, and either: (1) the sales or production, or both, of such firm decreased, imports from Mexico or Canada of articles like or directly competitive with articles produced by such firm have increased, and the increase in such articles contributed to such workers' separation or threat of separation and to the decline in the firm's sales or production; or (2) there has been a shift in production by the workers' firm to Mexico or Canada of articles like or directly competitive with articles produced by the firm. Authorizes a group of workers, including workers in any agricultural firm, or their recognized union to file with the Governor of a State a petition for certification of eligibility to apply for such assistance. Prohibits a worker from receiving duplicative assistance. Authorizes appropriations.

NAFTA Worker Security Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deposit Insurance Fairness and Economic Opportunity Act''. SEC. 2. DIVIDEND OF EXCESS DEPOSIT INSURANCE FUNDS TO INSURED DEPOSITORY INSTITUTIONS. Section 7(b)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)(2)) is amended by inserting after subparagraph (C) the following: ``(D) Dividend of excess deposit insurance funds.-- ``(i) In general.--Notwithstanding subsection (e)(2), the Board of Directors shall distribute any excess amounts described in clause (ii) to insured depository institutions insured by the Bank Insurance Fund or the Savings Association Insurance Fund, as applicable, in the form of a dividend, the allocation of which shall be made in accordance with clause (iii). ``(ii) Dividend distribution criteria.-- Excess amounts shall be distributed as dividends in accordance with this subparagraph to the extent that-- ``(I) the amount of funds in the Bank Insurance Fund exceeds 1.40 percent of the total estimated deposits insured by that Fund; and ``(II) the amount of funds in the Savings Association Insurance Fund exceeds 1.40 percent of the total estimated deposits insured by that Fund. ``(iii) Basis for distribution of dividend.-- ``(I) In general.--Solely for the purpose of dividend distribution under this subparagraph, the Corporation shall determine the relative contribution of each insured depository institution to the Bank Insurance Fund and the Savings Association Insurance Fund, as applicable, for calculating the share of the institution of any dividend determined under this subparagraph, taking into account the factors described in subclause (II). ``(II) Factors for distribution.-- In implementing this subparagraph, the Corporation shall take into account with respect to an insured depository institution (including any predecessor thereto)-- ``(aa) the ratio of the assessment base of the insured depository institution on December 31, 1996, that is attributable to a particular insurance fund, to the assessment base attributable to that insurance fund of all eligible insured depository institutions on that date; ``(bb) the total amount of assessments paid on or after January 1, 1997, by the insured depository institution to that insurance fund; ``(cc) that portion of assessments paid by the insured depository institution that reflects higher levels of risk assumed by such institution; and ``(dd) such other factors as the Corporation may determine to be appropriate. ``(iv) Rule of construction.--For purposes of this subparagraph, references to the `Bank Insurance Fund' and the `Savings Association Insurance Fund' shall include any successor to such fund or funds.''. SEC. 3. REGULATIONS. The Federal Deposit Insurance Corporation shall promulgate such regulations as may be necessary to carry out section 7(b)(2)(D) of the Federal Deposit Insurance Act, as added by this Act.

Deposit Insurance Fairness and Economic Opportunity Act - Amends the Federal Deposit Insurance Act to direct the Board of Directors of the Federal Deposit Insurance Corporation to distribute in the form of a dividend any excess amounts remaining from semiannual assessments imposed upon insured depository institutions (excess deposit insurance funds). Defines excess amounts as the amount of funds exceeding 1.40 percent of the total estimated deposits insured by theBank Insurance Fund or the Savings Association Insurance Fund.

A bill to amend the Federal Deposit Insurance Act to provide for the return of excess amounts in Federal deposit insurance funds to financial institutions for use in their communities, with such distributions allocated according to the historical basis of contributions made to the funds by such institutions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Security Results Act of 2013''. SEC. 2. REPORTS ON CURRENT BORDER SECURITY STATUS. Not later than 60 days after the date of the enactment of this Act and every 180 days thereafter, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report that assesses and describes, as of such date, the state of operational control of the international borders of the United States. SEC. 3. STRATEGY TO ACHIEVE OPERATIONAL CONTROL OF THE BORDER. (a) Strategy To Secure the Border.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate congressional committees a comprehensive strategy for gaining and maintaining operational control of all sectors of the international borders of the United States by the date that is not later than two years after the date of the submission of the implementation plan required under subsection (b). The strategy shall include, at a minimum, a consideration of the following: (1) An assessment of principal border security threats. (2) Efforts to analyze and disseminate border security and border threat information between Department of Homeland Security border security components. (3) Efforts to increase situational awareness. (4) A comprehensive border security technology plan for detection technology capabilities, including a documented justification and rationale for technology choices, deployment locations, fixed versus mobile assets, and a timetable for procurement and deployment. (5) Surveillance capabilities developed or utilized by the Department of Defense, including any technology determined to be excess by the Department of Defense. (6) Use of manned aircraft and unmanned aerial systems, including the camera and sensor technology deployed on such assets. (7) Technology required to enhance security at ports of entry, including the installation of nonintrusive detection equipment, radiation portal monitors, biometric technology, and other sensors and technology that the Secretary determines necessary. (8) Operational coordination of Department of Homeland Security border security components. (9) Cooperative agreements with State, local, tribal, and other Federal law enforcement agencies that have jurisdiction on the northern border, southern border, and in the maritime environment. (10) Agreements with foreign governments that support the border security efforts of the United States. (11) Staffing requirements for all border security functions. (12) Resources and other measures necessary to achieve a 50-percent reduction in the average wait times of commercial and passenger vehicles at international land ports of entry along the international borders of the United States. (13) Metrics required under subsections (e), (f), and (g). (b) Implementation Plan.--Not later than 60 days after the submission of the strategy under subsection (a), the Secretary of Homeland Security shall submit to the appropriate congressional committees an implementation plan for each of the Department of Homeland Security border security components to carry out such strategy. (c) Situational Awareness.--Not later than two years after the date of the enactment of this Act, the Secretary of Homeland Security shall achieve situational awareness of the international borders of the United States. (d) Periodic Updates.--Not later than 180 days after the submission of each Quadrennial Homeland Security Review required under section 707 of the Homeland Security Act of 2002 (6 U.S.C. 347) beginning with the first such Review that is due after the implementation plan is submitted under subsection (b), the Secretary of Homeland Security shall submit to the appropriate congressional committees an updated-- (1) strategy under subsection (a); and (2) implementation plan under subsection (b). (e) Metrics for Securing the Border Between Ports of Entry.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall implement metrics to measure the effectiveness of security between ports of entry, which shall include, at a minimum, the following: (1) An effectiveness rate which measures the number of illegal border crossers who are turned back, and the amount of narcotics seized, against the total estimated number of illegal border crossers and amount of narcotics the Department of Homeland Security's border security components fail to apprehend or seize, as the case may be. (2) Estimates, using alternate methodologies, including recidivism and survey data, of total attempted illegal border crossings, the rate of apprehension of attempted illegal border crossings, and the inflow into the United States of illegal border crossers who evade apprehension. (3) Estimates of the impacts of the Border Patrol's Consequence Delivery System on the rate of recidivism of illegal border crossers. (4) An understanding of the current level of situational awareness. (5) Amount of narcotics seized between ports of entry. (f) Metrics for Securing the Border at Ports of Entry.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall implement metrics to measure the effectiveness of security at ports of entry, which shall include, at a minimum, the following: (1) An effectiveness rate which measures the number of illegal border crossers who are turned back, and the amount of narcotics seized, against the total estimated number of illegal border crossers and amount of narcotics the Department of Homeland Security's border security components fail to apprehend or seize, as the case may be. (2) The number of infractions related to personnel and cargo committed by major violators who are apprehended by U.S. Customs and Border Protection at such ports of entry. (3) The estimated number of such infractions committed by major violators who are not so apprehended. (4) Estimates, using alternate methodologies, including recidivism and survey data, of total attempted illegal border crossings, the rate of apprehension of attempted illegal border crossings, and the inflow into the United States of illegal border crossers who evade apprehension. (g) Metrics for Securing the Maritime Border.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall implement metrics to measure the effectiveness of security in the maritime environment, which shall include, at a minimum, the following: (1) An effectiveness rate which measures the number of migrants apprehended, the number of migrants turned back, and the amount of narcotics seized, against the total estimated numbers of migrants and amount of narcotics the Department of Homeland Security's maritime security components fail to apprehend or seize, as the case may be. (2) An understanding of the current level of situational awareness. (3) A response rate which measures the Department's ability to respond to known maritime threats by placing assets on- scene, compared to the total number of events with respect to which the Department has known threat information. (4) Partnerships with international, State, local, tribal, and other Federal law enforcement agencies. (h) Independent Assessment by a National Laboratory Within the Department of Homeland Security Laboratory Network.--The Secretary of Homeland Security shall request the head of a national laboratory within the Department of Homeland Security laboratory network with prior expertise in border security to-- (1) provide an independent assessment of the metrics implemented in accordance with subsections (e), (f), and (g) to ensure each such metric's suitability and statistical validity; and (2) make recommendations for other suitable metrics that may be used to measure the effectiveness of border security. (i) Evaluation by the Government Accountability Office.-- (1) In general.--The Secretary of Homeland Security shall make available to the Government Accountability Office the data and methodology used to develop the metrics implemented under subsections (e), (f), and (g) and the independent assessment described under subsection (h). (2) Report.--Not later than 270 days after receiving the data and methodology described in paragraph (1), the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the suitability and statistical validity of such data and methodology. (j) Certifications Relating to Operational Control.-- (1) By the secretary of homeland security.--If the Secretary of Homeland Security determines that operational control of the international borders of the United States has been achieved, the Secretary shall submit to the appropriate congressional committees and the Comptroller General of the United States a certification that so attests. (2) By the comptroller general.-- (A) Review.--The Comptroller General of the United States shall review the certification of the Secretary of Homeland Security under paragraph (1) to verify if such certification is accurate. (B) Verification and submission.--If the Comptroller General of the United States verifies the accuracy of the certification of the Secretary of Homeland Security under paragraph (1), the Comptroller General shall, not later than 120 days after such verification, submit to the appropriate congressional committees a certification that so attests. (k) GAO Report on Border Security Duplication.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report addressing areas of overlap in responsibilities within the border security functions of the Department of Homeland Security. (l) Reports.--Not later than 60 days after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall submit to the appropriate congressional committee a report on the following: (1) A resource allocation model for current and future year staffing requirements that includes optimal staffing levels at all land, air, and sea ports of entry, and an explanation of U.S. Customs and Border Protection methodology for aligning staffing levels and workload to threats and vulnerabilities across all mission areas. (2) Detailed information on the level of manpower available at all land, air, and sea ports of entry and between ports of entry, including the number of canine and agricultural officers assigned to each such port of entry. (3) Detailed information that describes the difference between the staffing the model suggests and the actual staffing at each port of entry and between the ports of entry. (m) Definitions.--In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. (2) Major violator.--The term ``major violator'' means a person or entity that has engaged in serious criminal activities at any land, air, or sea port of entry, including possession of narcotics, smuggling of prohibited products, human smuggling, weapons possession, use of fraudulent United States documents, or other offenses serious enough to result in arrest. (3) Operational control.--The term ``operational control'' means a condition in which there is a 90 percent probability that illegal border crossers are apprehended and narcotics and other contraband are seized. (4) Situational awareness.--The term ``situational awareness'' means knowledge and an understanding of current illicit cross-border activity, including cross-border threats and trends concerning illicit trafficking and unlawful crossings along the international borders of the United States and in the maritime environment, and the ability to predict future shifts in such threats and trends.

Border Security Results Act of 2013 - Directs the Secretary of Homeland Security (DHS) to: (1) report, every 180 days, on the state of operational control of the international borders of the United States; and (2) achieve situational awareness of such borders within two years. Requires the Secretary to submit: (1) a comprehensive strategy for gaining and maintaining operational control of all sectors of such borders within a two-year period, (2) an implementation plan for each DHS border security component to carry out such strategy, and (3) an updated strategy and implementation plan after submission of each Quadrennial Homeland Security Review. Requires such strategy to include: (1) an assessment of principal border security threats, (2) efforts to analyze and disseminate border security and threat information between DHS border security components, (3) a comprehensive border security technology plan, (4) Department of Defense (DOD) surveillance capabilities, (5) the use of manned aircraft and unmanned aerial systems, (6) agreements with foreign governments that support U.S. border security efforts, (7) staffing requirements for all border security functions, (8) measures necessary to achieve a 50% reduction in the average wait times for vehicles at international land ports of entry, and (9) specified metrics. Directs the Secretary to: (1) implement metrics to measure the effectiveness of security between ports of entry, at ports of entry, and in the maritime environment; (2) request the head of a national laboratory within the DHS laboratory network with prior expertise in border security to provide an independent assessment of, and ensure statistical validity of, such metrics; and (3) make such assessment and the metrics data and methodology available to the Government Accountability Office (GAO) for a report to Congress. Directs: (1) the Secretary to submit a certification to Congress and the Comptroller General upon determining that operational control of such borders has been achieved, and (2) the Comptroller General to verify the accuracy of such certification. Directs the Comptroller General to submit a report addressing areas of overlap in responsibilities within DHS's border security functions. Directs the Secretary to report annually on: (1) a resource allocation model for current and future year staffing requirements for optimal staffing levels at all land, air, and sea ports of entry; (2) detailed information on the level of manpower available at and between such ports of entry; and (3) detailed information describing the difference between such optimal and actual levels.

Border Security Results Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Universal Student Nutrition Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) the national school lunch and breakfast programs are vital to protecting the health and well-being of the Nation's children; (2) these essential child nutrition programs help prepare children to learn and to combat childhood hunger; (3) the national school lunch program serves approximately 25,000,000 per day, and the school breakfast program serves approximately 4,000,000 children per day; (4) there are approximately 4,000,000 eligible low-income students who are not participating in the free and reduced price school meal programs; (5) in the last decade-- (A) Federal subsidies for school meal programs have been reduced; (B) bonus commodities from the Department of Agriculture for such programs have almost vanished; (C) the administrative complexity and cost of administering such programs have increased; and (D) indirect cost assessments are draining the financial resources of such programs; and (6) many schools, mostly high schools, are dropping out of the school lunch program as a result of the trends described in paragraph (5). SEC. 3. ESTABLISHMENT OF OPTIONAL UNIVERSAL SCHOOL LUNCH AND BREAKFAST PROGRAM. (a) In General.--The National School Lunch Act (42 U.S.C. 1751 et seq.) is amended by inserting after section 11 the following new section: ``SEC. 11A. OPTIONAL UNIVERSAL SCHOOL LUNCH AND BREAKFAST PROGRAM. ``(a) In General.-- ``(1) Establishment.--The Secretary shall establish an optional universal school lunch and breakfast program (in this section referred to as the ``universal program''). ``(2) Description.--The universal program shall consist of school lunch and breakfast service offered without cost at school to all students in attendance at the participating schools who wish to participate in a manner consistent with the requirements otherwise applicable to the school lunch program under this Act and to the school breakfast program under section 4 of the Child Nutrition Act of 1966. ``(3) Eligibility.--Any school participating in the school lunch program under this Act or the school breakfast program under the Child Nutrition Act of 1966 may elect to participate in the universal program. ``(b) Universal Payment Rate.-- ``(1) In general.--Subject to paragraph (3), in lieu of receiving the national average payment per lunch determined under section 4 and section 11, and the national average payment per breakfast determined under section 4 of the Child Nutrition Act of 1966, each school participating in the universal program shall receive the universal payment rates determined under paragraph (2) for each lunch and breakfast served under the program. ``(2) Establishment.--Subject to paragraph (3), the Secretary shall establish the universal payment rates for purposes of this section. Such rates shall be equal to the national average cost of producing a school lunch, and the national average cost of producing a school breakfast, respectively, as determined by the Secretary. In making the determination required by the preceding sentence, the Secretary shall establish a maximum amount that can be charged to a participating school food service authority for indirect expenses. ``(3) Commodities.--Schools participating in the universal program shall receive the same level of commodities that they would receive under the school lunch program under this Act and under the school breakfast program under section 4 of the Child Nutrition Act of 1966. ``(c) Competitive Foods Policy.--Schools participating in the universal program may sell competitive foods under regulations issued by the Secretary.''. (b) Effective Date.--The Secretary of Agriculture shall issue regulations to carry out section 11A of the National School Lunch Act (as added by subsection (a) of this section) that provide for the implementation of such section not later than July 1, 2000. SEC. 4. DIETARY GUIDELINES. (a) School Lunch Program.--Section 9(a)(1) of the National School Lunch Act (42 U.S.C. 1758(a)(1)) is amended by striking ``on the basis of tested nutritional research'' and inserting ``in accordance with the Dietary Guidelines for Americans developed by the Department of Agriculture''. (b) School Breakfast Program.--Section 4(e)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)) is amended by striking ``on the basis of tested nutritional research'' and inserting ``in accordance with the Dietary Guidelines for Americans developed by the Department of Agriculture''. SEC. 5. NUTRITION EDUCATION. Section 19(i)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1788(i)(1)) is amended by inserting ``and each fiscal year beginning on or after October 1, 1995,'' after ``October 1, 1978,''.

Universal Student Nutrition Act of 1993 - Amends the National School Lunch Act to establish an optional universal school lunch and breakfast program. Requires that the Secretary of Agriculture's minimum nutritional requirements for the current school lunch and school breakfast programs be prescribed in accordance with the Dietary Guidelines for Americans developed by the Department of Agriculture. Amends the Child Nutrition Act of 1966 to require that grants to States for nutrition education and information be based on a rate of 50 cents for each child enrolled in schools or institutions in the State.

Universal Student Nutrition Act of 1993

SECTION 1. PARKINSON'S DISEASE RESEARCH, EDUCATION, AND CLINICAL CENTERS. (a) Requirement for Establishment of Centers.-- (1) In general.--Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7329. Parkinson's disease research, education, and clinical centers ``(a) The Secretary, upon the recommendation of the Under Secretary for Health and pursuant to the provisions of this section, shall designate six Department health-care facilities as the locations for centers of Parkinson's Disease research, education, and clinical activities and (subject to the appropriation of sufficient funds for such purpose) shall establish and operate such centers at such locations in accordance with this section. ``(b) In designating locations for centers under subsection (a), the Secretary, upon the recommendation of the Under Secretary for Health, shall-- ``(1) designate each Department health-care facility that as of January 1, 2005, was operating a Parkinson's Disease research, education, and clinical center unless (on the recommendation of the Under Secretary for Health) the Secretary determines that such facility does not meet the requirements of subsection (c) or has not demonstrated effectiveness in carrying out the established purposes of such center or the potential to carry out such purposes effectively in the reasonably foreseeable future; and ``(2) assure appropriate geographic distribution of such facilities. ``(c) The Secretary may not designate a health-care facility as a location for a center under subsection (a) unless the peer review panel established under subsection (d) has determined under that subsection that the proposal submitted by such facility as a location for a new center under subsection (a) is among those proposals which have met the highest competitive standards of scientific and clinical merit, and the Secretary (upon the recommendation of the Under Secretary for Health) determines that the facility has (or may reasonably be anticipated to develop) each of the following: ``(1) An arrangement with an accredited medical school which provides education and training in neurology and with which such facility is affiliated under which residents receive education and training in innovative diagnosis and treatment of chronic neurodegenerative diseases and movement disorders, including Parkinson's disease. ``(2) The ability to attract the participation of scientists who are capable of ingenuity and creativity in health-care research efforts. ``(3) A policymaking advisory committee composed of appropriate health-care and research representatives of the facility and of the affiliated school or schools to advise the directors of such facility and such center on policy matters pertaining to the activities of such center during the period of the operation of such center. ``(4) The capability to conduct effectively evaluations of the activities of such center. ``(5) The capability to coordinate, as part of an integrated national system, education, clinical, and research activities within all facilities with such centers. ``(6) The capability to jointly develop a consortium of providers with interest in treating neurodegenerative diseases, including Parkinson's Disease, and other movement disorders, at facilities without such centers in order to ensure better access to state-of-the-art diagnosis, care, and education for neurodegenerative disorders throughout the health care system. ``(7) The capability to develop a national repository for the collection of data on health services delivered to veterans seeking care for neurodegenerative diseases, including Parkinson's Disease, and other movement disorders in the health care system. ``(d)(1) The Under Secretary for Health shall establish a panel to assess the scientific and clinical merit of proposals that are submitted to the Secretary for the establishment of new centers under this section. ``(2)(A) The membership of the panel shall consist of experts in neurodegenerative diseases, including Parkinson's Disease, and other movement disorders. ``(B) Members of the panel shall serve as consultants to the Department for a period of no longer than two years except in the case of panelists asked to serve on the initial panel as specified in subparagraph (C). ``(C) In order to ensure panel continuity, half of the members of the first panel shall be appointed for a period of three years and half for a period of two years. ``(3) The panel shall review each proposal submitted to the panel by the Under Secretary and shall submit its views on the relative scientific and clinical merit of each such proposal to the Under Secretary. ``(4) The panel shall not be subject to the Federal Advisory Committee Act. ``(e) Before providing funds for the operation of any such center at a health-care facility other than a health-care facility designated under subsection (b)(1), the Secretary shall assure that the center at each facility designated under such subsection is receiving adequate funding to enable such center to function effectively in the areas of Parkinson's Disease research, education, and clinical activities. ``(f) There are authorized to be appropriated such sums as may be necessary for the support of the research and education activities of the centers established pursuant to subsection (a). The Under Secretary for Health shall allocate to such centers from other funds appropriated generally for the Department medical services account and medical and prosthetics research account, as appropriate, such amounts as the Under Secretary for Health determines appropriate. ``(g) Activities of clinical and scientific investigation at each center established under subsection (a) shall be eligible to compete for the award of funding from funds appropriated for the Department medical and prosthetics research account and shall receive priority in the award of funding from such account insofar as funds are awarded to projects for research in Parkinson's disease and other movement disorders.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7328 the following new item: ``7329. Parkinson's disease research, education, and clinical centers.''. (b) Effective Date.--Section 7329 of title 38, United States Code, as added by subsection (a), shall take effect on October 1, 2005.

Directs the Secretary of Veterans to designate, establish, and operate at selected Department of Veterans Affairs health-care facilities six centers for Parkinson's disease research, education, and clinical activities. Requires the Under Secretary for Health to establish a panel to assess the scientific and clinical merit of proposals submitted by a facility for the operation of such a center.

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

SECTION 1. ESTABLISHMENT OF COMMISSION TO ASSESS THE NUCLEAR ACTIVITIES OF THE ISLAMIC REPUBLIC OF IRAN. (a) Establishment.--There is hereby established a commission to be known as the ``Commission To Assess the Nuclear Activities of the Islamic Republic of Iran'' (in this Act referred to as the ``Commission''). (b) Composition.--The Commission shall be composed of 12 members appointed as follows: (1) 3 members shall be appointed by the majority leader of the Senate. (2) 3 members shall be appointed by the Speaker of the House of Representatives. (3) 3 members shall be appointed by the minority leader of the Senate. (4) 3 members shall be appointed by the minority leader of the House of Representatives. (c) Qualifications.--Members of the Commission shall be appointed from among private United States citizens with knowledge and expertise in the political and military aspects of nuclear proliferation and the military and civilian nuclear activities of the Islamic Republic of Iran. (d) Chairmen.--The Committee shall have two co-chairmen, of whom-- (1) one shall be designated from among the members of the Commission by the Speaker of the House of Representatives, after consultation with the majority leader of the Senate; and (2) one shall be designated from among the members of the Commission by the minority leader of the House of Representatives, after consultation with the minority leader of the Senate. (e) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall be filled in the same manner as the original appointment. (f) Security Clearances.--All members of the Commission shall hold appropriate security clearances. (g) Initial Organization Requirements.-- (1) Deadline for initial appointments.--All appointments to the Commission shall be made not later than 45 days after the date of the enactment of this Act. (2) First meeting.--The Commission shall convene its first meeting not later than 30 days after the date as of which all members of the Commission have been appointed, but not earlier than February 1, 2008. SEC. 2. DUTIES OF COMMISSION. The Commission shall assess the following: (1) The status of the military nuclear activities and civilian nuclear activities of the Islamic Republic of Iran. (2) The relationship between the military nuclear activities and civilian nuclear activities of the Islamic Republic of Iran. (3) The intentions behind the military nuclear activities and civilian nuclear activities of the Islamic Republic of Iran. SEC. 3. REPORT. Not later than six months after its first meeting, the Commission shall submit to Congress a report on its findings and conclusions as a result of the assessment under section 2. SEC. 4. POWERS. (a) Hearings.--The Commission or, at its direction, any panel or member of the Commission, may, for the purpose of carrying out the provisions of this Act, hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths to the extent that the Commission or any panel or member considers advisable. (b) Support of Other Agencies.-- (1) In general.--The Commission may secure directly from the Department of Defense, the Office of the Director of National Intelligence, the Central Intelligence Agency, and any other department or agency of the United States Government information that the Commission considers necessary to enable the Commission to carry out its duties under this Act. (2) Cooperation of government officials.--The Commission should receive the full and timely cooperation of the Secretary of Defense, the Director of National Intelligence, and other appropriate officials of the United States Government who should, in providing such cooperation, provide the Commission with analyses, briefings, and other information necessary for the fulfillment of the duties of the Commission. SEC. 5. COMMISSION PROCEDURES. (a) Meetings.--The Commission shall meet at the call of the chairman of the Commission. (b) Quorum.-- (1) In general.--Five members of the Commission shall constitute a quorum other than for the purpose of holding hearings. (2) Action by resolution of majority.--The Commission shall act by resolution agreed to by a majority of the members of the Commission. (c) Commission.--The Commission may establish panels composed of less than full membership of the Commission for the purpose of carrying out the duties of the Commission under this Act. The actions of any such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel shall not be considered the findings and determinations of the Commission unless approved by the Commission. (d) Authority of Individuals To Act for Commission.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this Act. SEC. 6. PERSONNEL MATTERS. (a) Pay of Members.--Members of the Commission shall serve without pay by reason of their work on the Commission. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The co-chairmen of the Commission may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, jointly appoint a staff director and such additional personnel as may be necessary to enable the Commission to perform its duties under this Act. The appointment of a staff director shall be subject to the approval of the Commission. (2) Compensation.--The co-chairmen of the Commission may jointly fix the pay of the staff director and other personnel of the Commission without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay fixed under this paragraph for the staff director may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title and the rate of pay for other personnel may not exceed the maximum rate payable for grade GS-15 of the General Schedule. (d) Detail of Government Employees.--Upon the joint request of the co-chairmen of the Commission, the head of any department or agency of the United States Government may detail, on a nonreimbursable basis, any personnel of that department or agency to the Commission to assist it in carrying out its duties. (e) Procurement of Temporary and Intermittent Services.--The co- chairmen of the Commission may jointly procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule under section 5316 of such title. SEC. 7. MISCELLANEOUS ADMINISTRATIVE PROVISIONS. (a) Postal and Printing Services.--The Commission may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the United States Government. (b) Miscellaneous Administrative and Support Services.--The Director of Central Intelligence shall furnish the Commission, on a reimbursable basis, any administrative and support services requested by the Commission. SEC. 8. FUNDING. (a) In General.--Funds for activities of the Commission under this Act shall be provided from amounts available for the Office of the Director of National Intelligence for fiscal year 2008. (b) Disbursement.--Upon receipt of a joint written certification from the co-chairmen of the Commission specifying the funds required for the activities of the Commission, the Director of National Intelligence shall promptly disburse to the Commission, from amounts referred to in subsection (a), the funds required by the Commission as stated in such certification. SEC. 9. TERMINATION OF THE COMMISSION. The Commission shall terminate 60 days after the date of the submittal of its report under section 3.

Establishes the Commission To Assess the Nuclear Activities of the Islamic Republic of Iran which shall assess the status of, the relationship between, and the intentions behind the military and the civilian nuclear activities of the Islamic Republic of Iran. Terminates the Commission 60 days after submission of the report required under this Act.

A bill to establish a commission to assess the nuclear activities of the Islamic Republic of Iran.

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Pensions in Congress Act'' or the ``EPIC Act''. SEC. 2. AMENDMENTS RELATING TO THE CIVIL SERVICE RETIREMENT SYSTEM. (a) In General.--Subchapter III of chapter 83 of title 5, United States Code, is amended by inserting after section 8335 the following: ``Sec. 8335a. Termination of further retirement coverage of Members of Congress ``(a) In General.--Notwithstanding any other provision of this subchapter and subject to subsection (f), effective as of the date of enactment of this section-- ``(1) a Member shall not be subject to this subchapter for any further period of time; and ``(2) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this subchapter with respect to any Member covering any period prior to the date of enactment of this section. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.--Any regulations necessary to carry out this section may-- ``(1) except with respect to matters under paragraph (2), be prescribed by the Director of the Office of Personnel Management; and ``(2) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). ``(e) Exclusion.--For purposes of this section, the term `Member' does not include the Vice President. ``(f) Opt-In.--Not later than 90 days after the date of enactment of this section, a Member covered by this subchapter as of such date of enactment may elect, by giving notice in writing to the official by whom such Member is paid, to remain subject to this subchapter.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following: ``8335a. Termination of further retirement coverage of Members of Congress.''. SEC. 3. AMENDMENTS RELATING TO THE FEDERAL EMPLOYEES RETIREMENT SYSTEM. (a) In General.--Subchapter II of chapter 84 of title 5, United States Code, is amended by inserting after section 8425 the following: ``Sec. 8425a. Termination of further retirement coverage of Members of Congress ``(a) In General.--Notwithstanding any other provision of this chapter, effective as of the date of enactment of this section-- ``(1) subject to subsection (f), in the case of an individual who first becomes a Member before such date of enactment-- ``(A) such Member shall not be subject to this chapter for any further period of time after such date of enactment; and ``(B) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund; and ``(2) in the case of an individual who first becomes a Member on or after such date of enactment-- ``(A) such Member shall not be subject to this chapter; and ``(B) no Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this chapter with respect to any Member covering any period prior to the date of enactment of this section. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) or (b) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.-- ``(1) In general.--Any regulations necessary to carry out this section may-- ``(A) except with respect to matters under subparagraph (B), be prescribed by the Director of the Office of Personnel Management; and ``(B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). ``(2) Refunds.--Notwithstanding subsection (b), the regulations under paragraph (1)(A) shall, in the case of a Member who has not completed at least 5 years of civilian service as of the date of enactment of this section, provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1) through (4) of section 8424(a) as of such date of enactment. ``(e) Exclusions.--For purposes of this section, the term `Member' does not include the Vice President. ``(f) Opt-In for Members.--Not later than 90 days after the date of enactment of this section, a Member covered by this chapter as of such date may elect, by giving notice in writing to the official by whom such Member is paid, to remain subject to this chapter.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8425 the following: ``8425a. Termination of further retirement coverage of Members of Congress.''.

End Pensions in Congress Act or the EPIC Act Amends the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to exclude Members of Congress, except the Vice President, from further CSRS and FERS retirement coverage. Prohibits further government contributions or deductions from such Member's basic pay for deposit in the Treasury to the credit of the Civil Service Retirement and Disability Fund. States that nothing in this Act shall: (1) be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under CSRS or FERS for any Member covering any period before enactment of this Act; or (2) affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable law. Allows Members covered by such exclusion, within 90 days after enactment of this Act, to elect to remain subject to CSRS or FERS, as the case may be.

EPIC Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recreational Boating Safety Improvement Act of 1994''. SEC. 2. PERSONAL FLOTATION DEVICES REQUIRED FOR CHILDREN. (a) Prohibition.--Section 4307(a) of title 46, United States Code, is amended-- (1) in paragraph (2) by striking ``or'' after the semicolon at the end; (2) in paragraph (3) by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(4) operate a recreational vessel under 26 feet in length unless each individual 12 years of age or younger wears a Coast Guard approved personal flotation device when the individual is on an open deck of the vessel.''. (b) State Authority Preserved.--Section 4307 of title 46, United States Code, is further amended by adding at the end the following: ``(c) Subsection (a)(4) shall not be construed to limit the authority of a State to establish requirements relating to the wearing of personal flotation devices on recreational vessels that are more stringent than that subsection.''. SEC. 3. ALLOCATION OF FUNDS BASED ON STATE ADOPTION OF LAWS REGARDING BOATING WHILE INTOXICATED. Section 13103 of title 46, United States Code, is amended-- (1) by redesignating subsections (a), (b), and (c) in order as subsections (b), (c), and (d); (2) by inserting before subsection (b) (as so redesignated) the following new subsection: ``(a)(1) Beginning in fiscal year 1998, of the amounts transferred to the Secretary each fiscal year pursuant to section 4(b) of the Act of August 9, 1950 (16 U.S.C. 777c(b)), the Secretary shall allocate for State recreational boating safety programs $10,000,000 as follows: ``(A) One-half shall be allocated in accordance with paragraph (2) among eligible States that-- ``(i) prohibit operation of a recreational vessel by an individual who is under the influence of alcohol or drugs; and ``(ii) establish a blood alcohol concentration limit of .10 percent or less. ``(B) One-half shall be allocated in accordance with paragraph (2) among eligible States that-- ``(i) prohibit operation of a recreational vessel by an individual who is under the influence of alcohol or drugs; and ``(ii) establish an implied consent requirement that specifies that an individual is deemed to have given their consent to evidentiary testing for their blood alcohol concentration or presence of other intoxicating substances. ``(2) Of the amount allocated under subparagraph (A) or (B) of paragraph (1) each fiscal year-- ``(A) one-half shall be allocated equally among all eligible States receiving an allocation under that subparagraph for the fiscal year; and ``(B) one-half shall be allocated among those eligible States so that each such State receives an amount bearing the same ratio to the total amount allocated under that subparagraph for the fiscal year as the number of vessels numbered in that State under a system approved under chapter 123 of this title bears to the total number of vessels numbered under approved systems of all States receiving an allocation under that subparagraph for the fiscal year.''; (3) in subsection (b) (as so redesignated) in the matter preceding paragraph (1) by inserting ``the balance of remaining'' after ``allocate''; and (4) by adding at the end the following new subsection: ``(e) A State shall not be ineligible for an allocation under subsection (a) because of the adoption by the State of any requirement relating to the operation of a recreational vessel while under the influence of alcohol or drugs that is more stringent than the requirements for receiving the allocation.''. SEC. 4. MARINE CASUALTY REPORTING. (a) Submission of Plan.--Not later than one year after enactment of this Act, the Secretary of Transportation shall, in consultation with appropriate State agencies, submit to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan to increase reporting of vessel accidents to appropriate State law enforcement officials. (b) Penalties for Violating Reporting Requirements.--Section 6103(a) of title 46, United States Code, is amended by inserting ``or 6102'' after ``6101'' the second place it appears. SEC. 5. REQUIRING VIOLATORS TO TAKE RECREATIONAL BOATING SAFETY COURSE. (a) Negligent Operation.--Section 2302 of title 46, United States Code, is amended by adding at the end the following: ``(e) An individual operating a recreational vessel in violation of this section shall complete a boating safety course approved by the Secretary.''. (b) Other Violations.--Section 4311 of title 46, United States Code, is amended by adding at the end the following: ``(h) A person who operates a recreational vessel in violation of this chapter or a regulation prescribed under this chapter may be ordered to complete a recreational boating safety course approved by the Secretary.''. SEC. 6. TECHNICAL CORRECTIONS. Section 13108(a)(1) of title 46, United States Code, is amended by-- (1) striking ``proceeding'' and inserting ``preceding''; and (2) striking ``Secertary'' and inserting ``Secretary''. Passed the House of Representatives March 21, 1994. Attest: DONNALD K. ANDERSON, Clerk.

Recreational Boating Safety Improvement Act of 1994 - Amends Federal boating safety law to prohibit a person from operating a recreational vessel under 26 feet in length unless each individual 12 years or younger wears a personal flotation device while on the vessel's deck. Declares that such prohibition shall not be construed to limit a State's authority to establish more stringent requirements for the wearing of personal flotation devices on recreational vessels. Sets forth a formula for the allocation of State recreational boating safety program funds based upon State adoption of laws prohibiting the operation of recreational vessels while under the influence of alcohol or drugs. Directs the Secretary of Transportation to submit to specified congressional committees a plan to increase reporting of vessel accidents to appropriate State law enforcement officials. Establishes penalties for violation of reporting requirements. Declares that any individual operating a recreational vessel in a negligent manner shall complete a boating safety course approved by the Secretary. Declares that any person operating a recreational vessel in violation of Federal shipping code recreational boating provisions may be ordered to complete a qualified recreational boating safety course.

Recreational Boating Safety Improvement Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Petrified Forest National Park Expansion Act of 2002''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the Petrified Forest National Park was established-- (A) to preserve and interpret the globally significant paleontological resources of the Park that are generally regarded as the most important record of the Triassic period in natural history; and (B) to manage those resources to retain significant cultural, natural, and scenic values; (2) significant paleontological, archaeological, and scenic resources directly related to the resource values of the Park are located in land areas adjacent to the boundaries of the Park; (3) those resources not included within the boundaries of the Park-- (A) are vulnerable to theft and desecration; and (B) are disappearing at an alarming rate; (4) the general management plan for the Park includes a recommendation to expand the boundaries of the Park and incorporate additional globally significant paleontological deposits in areas adjacent to the Park-- (A) to further protect nationally significant archaeological sites; and (B) to protect the scenic integrity of the landscape and viewshed of the Park; and (5) a boundary adjustment at the Park will alleviate major threats to those nationally significant resources. (b) Purpose.--The purpose of this Act is to authorize the Secretary of the Interior to acquire 1 or more parcels of land-- (1) to expand the boundaries of the Park; and (2) to protect the rare paleontological and archaeological resources of the Park. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``map'' means the map entitled ``Proposed Boundary Adjustments, Petrified Forest National Park'', numbered ____, and dated ________. (2) Park.--The term ``Park'' means the Petrified Forest National Park in the State. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of Arizona. SEC. 4. BOUNDARY REVISION. (a) In General.--The boundary of the Park is revised to include approximately ______ acres, as generally depicted on the map. (b) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 5. ACQUISITION OF ADDITIONAL LAND. (a) Private Land.--The Secretary may acquire from a willing seller, by purchase, exchange, or by donation, any private land or interests in private land within the revised boundary of the Park. (b) State Land.-- (1) In general.--The Secretary may, with the consent of the State and in accordance with State law, acquire from the State any State land or interests in State land within the revised boundary of the Park by purchase or exchange. (2) Plan.--Not later than 2 years after the date of enactment of this Act, the Secretary shall, in coordination with the State, develop a plan for acquisition of State land or interests in State land identified for inclusion within the revised boundary of the Park. SEC. 6. ADMINISTRATION. (a) In General.--Subject to applicable laws, all land and interests in land acquired under this Act shall be administered by the Secretary as part of the Park. (b) Transfer of Jurisdiction.--The Secretary shall transfer to the National Park Service administrative jurisdiction over any land under the jurisdiction of the Secretary that-- (1) is depicted on the map as being within the boundaries of the Park; and (2) is not under the administrative jurisdiction of the National Park Service on the date of enactment of this Act. (c) Grazing.-- (1) In general.--The Secretary shall permit the continuation of grazing on land transferred to the Secretary under this Act, subject to applicable laws (including regulations) and Executive orders. (2) Termination of leases or permits.--Nothing in this subsection prohibits the Secretary from accepting the voluntary termination of a grazing permit or grazing lease within the Park. (d) Amendment to General Management Plan.--Not later than 1 year after the date of enactment of this Act, the Secretary shall amend the general management plan for the Park to address the use and management of any additional land acquired under this Act.

Petrified Forest National Park Expansion Act of 2002 - Revises the boundaries of the Petrified Forest National Park in Arizona.Authorizes the Secretary of the Interior to acquire private and State lands within in the Park's revised boundary to be administered as part of the Park.Directs the Secretary to transfer to the National Park Service (NPS) administrative jurisdiction over any land under the Secretary's jurisdiction that: (1) is within the Park's boundaries; and (2) is not under the NPS's administrative jurisdiction.Permits the continuation of grazing on land transferred to the Secretary.Requires the Secretary to amend the general management plan for the Park to address the use and management of any additional land acquired under this Act.

To revise the boundary of the Petrified Forest National Park in the State of Arizona, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tuition Assistance for Families Act''. SEC. 2. EXPANSION OF TUITION TAX DEDUCTION. (a) In General.--Subparagraphs (A) and (B) of section 222(b)(2) of the Internal Revenue Code of 1986 (relating to dollar limitation) are amended to read as follows: ``(A) In general.--The applicable dollar limit shall be equal to-- ``(i) in the case of a taxpayer whose adjusted gross income for the taxable year does not exceed $65,000 ($130,000 in the case of a joint return), $12,000, ``(ii) with respect to any taxable year beginning in 2004 or 2005, in the case of a taxpayer not described in clause (i) whose adjusted gross income for the taxable year does not exceed $80,000 ($160,000 in the case of a joint return), $2,000, and ``(iii) in the case of any other taxpayer, zero. ``(B) Inflation adjustment.-- ``(i) In general.--In the case of any taxable year beginning after 2003, each dollar amount referred to in subparagraph (A)(i) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `2002' for `1992'. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100.''. (b) Permanent Deduction.--Section 222 of the Internal Revenue Code of 1986 (relating to qualified tuition and related expenses) is amended by striking subsection (e). (c) Effective Date.--The amendments made by this section shall apply to payments made in taxable years beginning after December 31, 2002. SEC. 3. EXPANSION OF LIFETIME LEARNING CREDIT. (a) In General.--Section 25A(c)(1) of the Internal Revenue Code of 1986 (relating to per taxpayer credit) is amended-- (1) by striking ``20 percent'' and inserting ``25 percent'', and (2) by striking ``$10,000 ($5,000 in the case of taxable years beginning before January 1, 2003)'' and inserting ``$12,000''. (b) Inflation Adjustment.--Section 25A(h) of the Internal Revenue Code of 1986 (relating to inflation adjustments) is amended by adding at the end the following new paragraph: ``(3) Dollar limitation on amount of lifetime learning credit.-- ``(A) In general.--In the case of any taxable year beginning after 2003, the dollar amount referred to in subsection (c)(1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `2002' for `1992'. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100.''. (c) Effective Date.--The amendments made by this section shall apply to payments made in taxable years beginning after December 31, 2002. SEC. 4. INCREASE IN INCOME LIMITS FOR HOPE AND LIFETIME LEARNING CREDITS. (a) In General.--Section 25A(d)(2)(A)(ii) of the Internal Revenue Code of 1986 (relating to limitation based on modified adjusted gross income) is amended by striking ``$40,000 ($80,000'' and inserting ``$55,000 ($110,000''. (b) Conforming Amendments.--Section 25A(h)(2)(A) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``2001'' in the matter preceding clause (i) and inserting ``2003'', (2) by striking ``the $40,000 and $80,000 amounts'' in such matter and inserting ``the $55,000 and $110,000 amounts'', and (3) by striking ``2000'' in clause (ii) and inserting ``2002''. (c) Effective Date.--The amendments made by this section shall apply to payments made in taxable years beginning after December 31, 2002. SEC. 5. MAXIMUM PELL GRANT AWARDS. The Department of Education Appropriations Act, 2002 (Public Law 107-116) is amended under the heading ``Student Financial Assistance'' by striking ``$4,000'' and inserting ``$4,500''. SEC. 6. ACADEMIC ACHIEVEMENT SCHOLARSHIPS. (a) Scholarships.--The Secretary of Education is authorized to award a scholarship for academic year 2003-2004 and succeeding academic years to each student in a State who graduated in the top 5 percent of such student's graduating class from secondary school in academic year 2002-2003 or a succeeding academic year to enable such student to pay the cost of attendance at an institution of higher education. (b) Amount.--Each scholarship awarded under this section shall be in the amount of $1,000. (c) Use.--Each student awarded a scholarship under this section shall use the funds to pay the cost of attendance at an institution of higher education. (d) Construction of Needs Provision.-- (1) In general.--Except as provided in paragraph (2), nothing in this section, or any other Act, shall be construed to permit the receipt of a scholarship under this section to be counted for any needs test in connection with the awarding of any grant or the making of any loan under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) or any other provision of Federal law relating to educational assistance. (2) Exception.--In determining the need of a student for Federal financial assistance, an institution of higher education may take into consideration the amount of scholarship assistance received under this section if the total amount of scholarship assistance received under this section plus the amount of other financial assistance available to a student exceeds the student's cost of attendance at the institution. (e) Regulations.--The Secretary of Education shall promulgate regulations regarding how scholarships awarded under this section will be allocated to both public and private school students. (f) Definitions.--In this section: (1) Cost of attendance.--The term `cost of attendance' has the meaning given the term in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). (2) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

Tuition Assistance for Families Act - Amends the Internal Revenue Code to expand the tax deduction for qualified higher education tuition and related expenses. Sets such deduction at: (1) $12,000 for those with incomes up to $65,000 single or $130,000 joint; and (2) $2,000 for those whose incomes are above that level, but not more than $80,000 single or $160,000 joint. Provides inflation adjustment. Makes such tuition deduction permanent.Increases the amount of the Lifetime Learning tax credit percentage from 20 to 25 percent. Increases the amount of education expenses subject to such credit from $10,000 to $12,000 (thus making the maximum allowable credit $3,000, rather than the current $2,000). Provides inflation adjustment.Raises annual income limits for the Hope and Lifetime Learning tax credits to $55,000 single and $110,000 joint.Amends the Department of Education Appropriations Act, 2002 (Public Law 107-116) to increase the maximum Pell Grant award from $4,000 to $4,500.Establishes an academic achievement scholarship program. Authorizes the Secretary of Education to award a $1,000 college scholarship to each student in a State who graduates in the top five percent of his or her secondary school's graduating class.

A bill to put a college education within reach, and for other purposes.

50, Seventy-ninth Congress. Such regulations shall also grant the option to deduct as expenses intangible drilling and development costs in the case of wells drilled for any geothermal deposit (as defined in section 613(e)(2)) to the same extent and in the same manner as such expenses are deductible in the case of oil and gas wells. This subsection shall not apply with respect to any costs to which any deduction is allowed under section 59(e) or 291. ``(2) Exclusion.-- ``(A) In general.--This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (within the meaning of section 167(h)(5)). ``(B) Amortization of amounts not allowable as deductions under subparagraph (a).--The amount not allowable as a deduction for any taxable year by reason of subparagraph (A) shall be allowable as a deduction ratably over the 60-month period beginning with the month in which the costs are paid or incurred. For purposes of section 1254, any deduction under this subparagraph shall be treated as a deduction under this subsection.''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2015. SEC. 512. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR OIL AND GAS WELLS. (a) In General.--Section 613A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Application With Respect to Major Integrated Oil Companies.-- In the case of any taxable year in which the taxpayer is a major integrated oil company (within the meaning of section 167(h)(5)), the allowance for percentage depletion shall be zero.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2015. SEC. 513. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS. (a) In General.--Section 193 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Application With Respect to Major Integrated Oil Companies.-- ``(1) In general.--This section shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (within the meaning of section 167(h)(5)). ``(2) Amortization of amounts not allowable as deductions under paragraph (1).--The amount not allowable as a deduction for any taxable year by reason of paragraph (1) shall be allowable as a deduction ratably over the 60-month period beginning with the month in which the costs are paid or incurred.''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2015. SEC. 514. MODIFICATION OF DEFINITION OF MAJOR INTEGRATED OIL COMPANY. (a) In General.--Paragraph (5) of section 167(h) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Certain successors in interest.--For purposes of this paragraph, the term `major integrated oil company' includes any successor in interest of a company that was described in subparagraph (B) in any taxable year, if such successor controls more than 50 percent of the crude oil production or natural gas production of such company.''. (b) Conforming Amendments.-- (1) In general.--Subparagraph (B) of section 167(h)(5) of the Internal Revenue Code of 1986 is amended by inserting ``except as provided in subparagraph (C),'' after ``For purposes of this paragraph,''. (2) Taxable years tested.--Clause (iii) of section 167(h)(5)(B) of such Code is amended-- (A) by striking ``does not apply by reason of paragraph (4) of section 613A(d)'' and inserting ``did not apply by reason of paragraph (4) of section 613A(d) for any taxable year after 2004'', and (B) by striking ``does not apply'' in subclause (II) and inserting ``did not apply for the taxable year''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2015. SEC. 515. REPEAL OF OUTER CONTINENTAL SHELF DEEP WATER AND DEEP GAS ROYALTY RELIEF. (a) In General.--Sections 344 and 345 of the Energy Policy Act of 2005 (42 U.S.C. 15904, 15905) are repealed. (b) Administration.--The Secretary of the Interior shall not be required to provide for royalty relief in the lease sale terms beginning with the first lease sale held on or after the date of enactment of this Act for which a final notice of sale has not been published. SEC. 516. COORDINATION OF AMERICAN OPPORTUNITY CREDIT AND LIFETIME LEARNING CREDIT WITH PELL GRANTS NOT USED FOR QUALIFIED TUITION AND RELATED EXPENSES. (a) In General.--Section 25A(g)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Adjustment for certain scholarships, etc.-- ``(A) In general.--The amount of qualified tuition and related expenses otherwise taken into account under subsection (a) with respect to an individual for an academic period shall be reduced (before the application of subsections (b), (c), and (d)) by the sum of any amounts paid for the benefit of such individual which are allocable to such period as-- ``(i) a qualified scholarship which is excludable from gross income under section 117, ``(ii) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or under chapter 1606 of title 10, United States Code, and ``(iii) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for such individual's educational expenses, or attributable to such individual's enrollment at an eligible educational institution, which is excludable from gross income under any law of the United States. ``(B) Coordination with pell grants not used for qualified tuition and related expenses.--For purposes of subparagraph (A), the amount of any Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) shall be reduced (but not below zero) by the amount of expenses (other than qualified tuition and related expenses) which are taken into account in determining the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the date of the enactment of this subparagraph) of such individual at an eligible educational institution for the academic period for which the credit under this section is being determined.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2015. SEC. 517. EXPANSION OF PELL GRANT EXCLUSION FROM GROSS INCOME. (a) In General.--Paragraph (1) of section 117(b) of the Internal Revenue Code of 1986 is amended-- (1) by striking the period at the end and inserting ``, or'', (2) by striking ``received by an individual as a scholarship'' and inserting the following: ``received by an individual-- ``(A) as a scholarship'', and (3) by adding at the end the following new subparagraph: ``(B) as a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2015.

In the Red Act of 2016 This bill authorizes and appropriates specified funds to the Department of Education (ED) for FY2016-FY2025 and each succeeding year for grants: (1) to waive tuition and fees for eligible students at community colleges, and (2) to waive or reduce tuition and fees for low-income students at four-year historically black colleges and universities and other minority-serving institutions. It amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct ED to establish a program to refinance outstanding federal student loans for borrowers of Direct Loan program loans disbursed before July 1, 2016, and Federal Family Education Loan (FFEL) program loans. (FFELs were not disbursed after June 30, 2010.) The bill modifies, for academic year 2018-2019 and succeeding years, the calculation of the mandatory add-on amount used to determine the total maximum Federal Pell Grant award. It also amends various provisions of the Internal Revenue Code to, among other things: (1) expand the expenses eligible for the American Opportunity Tax Credit to include the amount of a Federal Pell Grant used to pay for living expenses; and (2) include, as a qualified scholarship excludible from gross income, any amount received as a Federal Pell Grant. Finally, the bill amends the Energy Policy Act of 2005 to repeal royalty relief for: (1) deep gas wells in shallow waters of the Gulf of Mexico, and (2) deep water oil and gas leases in the central and western Gulf of Mexico.

In the Red Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Shareholder Empowerment Act of 2009''. SEC. 2. MAJORITY VOTING FOR DIRECTORS. The Securities Exchange Act of 1934 is amended by adding after section 16 the following new section: ``SEC. 16A. ELECTION OF DIRECTORS. ``(a) Standards Relating to Election of Directors.-- ``(1) Commission rules.--Not later than 270 days after the date of enactment of this section, the Commission shall, by rule, direct the national securities exchanges and national securities associations to prohibit the listing of any security of an issuer that is not in compliance with the requirements of any portion of paragraph (2). Such rules shall provide for appropriate procedures for an issuer to have an opportunity to cure any defects that would be the basis for such a prohibition before the imposition of such prohibition. ``(2) Standards for election of directors.-- ``(A) Majority voting.--Each issuer shall, to the extent permitted under State law, provide in its governing documents that-- ``(i) directors in uncontested elections shall be elected by a majority of the votes cast as to each nominee; and ``(ii) in contested elections where the number of nominees exceeds the number of directors to be elected, directors shall be elected by the vote of a plurality of the shares represented at any meeting and entitled to vote on the election of directors. ``(B) Resignation policy.--Each issuer shall also, to the extent permitted under State law, adopt procedures under which any director who is not elected to a new term shall offer to tender his or her resignation to the board of directors. The board of directors, with the advice of a committee of the board if such a committee has been established for that purpose, shall determine what action should be taken as to that resignation and shall publicly disclose its decision and the rationale for that decision within a reasonable period after certification of the election results. ``(b) Shareholder Access to the Proxy in Director Elections.-- ``(1) Rule.--Not later than 270 days after the date of enactment of this section, the Commission shall, by rule, require that in proxy statements and proxies, authorizations or consents prepared by an issuer pursuant to section 14, the issuer shall identify and provide security holders with an opportunity to vote on candidates for the board of directors who have been nominated by holders in the aggregate at least 1 percent of the issuer's voting securities for at least 2 years prior to a record date established by the issuer for a meeting of security holders. ``(2) Application.--This rule shall specify the information to be provided to an issuer by security holders who nominate candidates for inclusion in an issuer's proxy materials under this section and shall require the issuer to disclose information about such candidates in the issuer's proxy materials to the same extent that information must be disclosed about candidates nominated by the issuer. This rule shall apply only when eligible security holders have nominated fewer than a majority of the number of directors then authorized to serve on the board of directors, and the rule shall specify procedures to be followed if different security holders nominate candidates sufficient to constitute a majority of the board of directors. ``(3) Effective date.--The rule shall apply to proxy voting for meetings of security holders held on or after January 1, 2010, except to the extent that a meeting was originally scheduled to be held in 2009, but was adjourned to 2010. ``(c) Broker Discretionary Voting in Uncontested Director Elections.--Not later than 270 days after the date of enactment of this section, the Commission shall by, rule, require that a broker shall not be allowed to vote securities on an uncontested election to the board of directors of an issuer to the extent that the beneficial owner of those securities has not provided specific instructions to the broker. The rule shall apply to proxy voting for meetings of security holders held on or after January 1, 2010, except to the extent that a meeting was originally scheduled to be held in 2009, but was adjourned to 2010. ``(d) Independent Chairman of the Board of Directors.-- ``(1) Commission rules.--Not later than 270 days after the date of enactment of this section, the Commission shall, by rule, direct the national securities exchanges and national securities associations to prohibit the listing of any security of an issuer that is not in compliance with the requirements of any portion of paragraph (2). Such rules shall provide for appropriate procedures for an issuer to have an opportunity to cure any defects that would be the basis for such a prohibition before the imposition of such prohibition. ``(2) Independent chairman of the board of directors.--Each issuer shall provide in its governing documents or a public statement of corporate policy that, to the extent possible and consistent with the issuer's status as a publicly traded company, the chairman of the board of directors shall be an independent director who has not previously served as an executive officer of the issuer. Such rule shall be implemented with due regard for contracts in existence on the date of enactment of this section. For purposes of this subsection, an `independent director' shall be one who during the preceding 5 years has not been-- ``(A) employed by the issuer in an executive capacity; ``(B) an employee, director or owner greater than 20 percent of the beneficial shares of a firm that is a paid adviser or consultant to the issuer; ``(C) employed by a significant customer or supplier of the issuer; ``(D) a party to a personal services contract with the issuer, as well as with the issuer's Chair, chief executive officer, or other senior executive officer; ``(E) an employee, officer or director of a foundation, university or other non-profit organization that receives the greater of $100,000 or 1 percent of total annual donations from the issuer; ``(F) a relative of an executive of the issuer; ``(G) part of an interlocking directorate in which the issuer's chief executive officer or another executive serves on the board of another issuer employing that director; and ``(H) engaged in any other relationship with the issuer or senior executives that the Commission determines would not render that director an independent director.''. SEC. 3. EXECUTIVE COMPENSATION REQUIREMENTS. The Securities Exchange Act of 1934 is further amended by adding after the section 16A, as added by section 2, the following new section ``SEC. 16B. EXECUTIVE COMPENSATION REQUIREMENTS. ``(a) Shareholder Approval of Executive Compensation.-- ``(1) Annual shareholder vote on executive compensation.-- Any proxy or consent or authorization for an annual or other meeting of an issuer shall permit a separate vote by shareholders to approve the compensation of senior executive officers, as disclosed pursuant to the compensation disclosure rules of the Commission (which disclosure shall include the compensation discussion and analysis, the compensation tables, and any related material). ``(2) Non-binding nature of vote.--A shareholder vote described in paragraph (1) shall not be binding on the board of directors of an issuer and may not be construed as overruling a decision by such board, nor to create or imply any additional fiduciary duty by such board, nor shall such vote be construed to restrict or limit the ability of security holders to make proposals for inclusion in proxy materials related to executive compensation. ``(3) Deadline for rules.--Not later than 1 year after the date of enactment of this section, the Commission shall issue any final rules and regulations required by this section. ``(4) Exception.--This provision shall not apply to any issuer who is subject to a similar recoupment requirement under another provision of Federal law. ``(b) Independent Compensation Advisers.-- ``(1) Requirement.--Not later than 1 year after the date of enactment of this section, the Commission shall, by rule, require that if an issuer's board of directors or a committee thereof retains an individual adviser or advisory firm in conjunction with negotiating employment contracts or compensation agreements with the issuer's executives, the individual adviser and his or her firm shall be independent of the issuer, its executives and directors, and shall report solely to the board of directors or the committee thereof responsible for executive compensation. The rule shall further require that issuers shall not agree to indemnify or limit the liability of compensation advisers or advisory firms. ``(2) Determination.--In determining the extent to which an adviser or advisory firm is independent of an issuer within the meaning of this section, the Commission shall consider such matters as-- ``(A) the extent (as measured by annual fees and other relevant metrics) to which an individual adviser or advisory firm provides services in conjunction with negotiating employment contracts or compensation agreements with the issuer's executives, as compared to other services that the adviser or advisory firm provides to the issuer or executives; ``(B) whether individual advisers are permitted to hold equity and do hold equity in the issuer; and ``(C) whether an advisory firm's incentive compensation plan links the compensation of individual advisers to the advisory firm's provision of other services to the issuer. ``(c) Clawbacks of Unearned Performance-Based Pay.-- ``(1) Commission rules.--Not later than 270 days after the date of enactment of this section, the Commission shall, by rule, direct the national securities exchanges and national securities associations to prohibit the listing of any security of an issuer that is not in compliance with the requirements of any portion of paragraph (2). Such rules shall provide for appropriate procedures for an issuer to have an opportunity to cure any defects that would be the basis for such a prohibition before the imposition of such prohibition. ``(2) Recoupment of unearned compensation.--An issuer's board of directors or a committee thereof shall develop and disclose a policy for reviewing unearned bonus payments, incentive payments, or equity payments that were awarded to executive officers owing to fraud, financial results that require restatement, or some other cause. The policy should require recovery or cancellation of any unearned payments to the extent that it is feasible and practical to do so. ``(3) Exception.--This provision shall not apply to any issuer who is subject to a similar recoupment requirement under another provision of Federal law. ``(d) Severance Agreements Tied to Performance.-- ``(1) Commission rules.--Not later than 270 days after the date of enactment of this section, the Commission shall, by rule, direct the national securities exchanges and national securities associations to prohibit the listing of any security of an issuer that is not in compliance with the requirements of any portion of paragraph (2). Such rules shall provide for appropriate procedures for an issuer to have an opportunity to cure any defects that would be the basis for such a prohibition before the imposition of such prohibition. ``(2) Severance agreements tied to performance.--An issuer's board of directors or a committee thereof shall not enter into agreements providing for severance payments to a senior executive officer who is terminated because of poor performance as an executive, as determined by the board of directors. To the extent that an issuer is able to terminate a senior executive officer for cause, poor performance by the executive, as determined by the board of directors, shall be considered as one such cause. The rule shall be implemented with due regard for contracts in existence on the date of enactment of this section. ``(e) Improved Disclosure of Compensation Targets.--Not later than 1 year after the date of enactment of this section, the Commission shall, by rule, require additional disclosure of specific performance targets that are used by issuers to determine a senior executive officer's eligibility for bonuses, equity and incentive compensation. The Commission shall consider methods to improve disclosure in situations when it is claimed that disclosure would result in competitive harm to the issuer, including, requirements that the issuer describe its past experience with similar target levels, disclose any inconsistencies between compensation targets and targets set in other contexts, submit a request for confidential treatment of the performance targets under Commission rules, or disclose the data after disclosure would no longer be considered competitively harmful.''.

Shareholder Empowerment Act of 2009 - Amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC) to prohibit national securities exchanges and associations from listing the securities of any issuer unless, to the extent permitted by state law, such issuer requires: (1) the election of directors who receive the majority of votes in uncontested elections or a plurality of votes in contested elections; and (2) directors who are not reelected to offer to tender their resignations. Directs the SEC to: (1) require issuers to identify and provide security holders with an opportunity to vote on director candidates who have been nominated by holders of at least 1% of the issuer's voting securities for at least two years, provided security holders have nominated fewer than a majority of the directors then authorized to serve; (2) prohibit brokers from voting securities on an uncontested election to the board of directors without having received specific instructions from the securities' beneficial owners; and (3) requires listed issuers, to the extent possible, to have an independent chairman of their board of directors who has not served as an executive of the issuer. Requires any proxy or consent or authorization for an annual or other meeting of a securities issuer to permit a separate shareholder vote on executive compensation, though such vote shall not be binding on its board of directors. Directs the SEC to direct the national securities exchanges and national securities associations to prohibit: (1) issuers from retaining advisors in negotiating executive employment or compensation agreements that are not independent or are protected from liability by such issuers; (2) the listing of issuers that do not have a (clawback) policy of recovering executive payments that were unearned due to fraud, faulty financial statements, or some other cause; and (3) the listing of issuers that provide severance payments to senior executives who are terminated for poor performance. Directs the SEC to require additional disclosure of specific performance targets issuers use in determining a senior executive's eligibility for bonuses, equity, and incentive compensation.

To amend the Securities Exchange Act of 1934 to provide for rules and standards relating to the election of boards of directors and certain requirements relating to compensation of executives.

SECTION 1. RENEWABLE FUEL CONTENT OF GASOLINE. (a) Calendar Years From 2012 to 2025.--Clause (i) of section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended by striking ``2006 through 2012'' in each place it appears and inserting ``2006 through 2025'' and by adding the following new table at the end thereof: ``Applicable volume of renewable Calendar fuel (in billions of gallons): year: 8.9.................................................... 2013 10.3................................................... 2014 11.7................................................... 2015 12.1................................................... 2016 13.5................................................... 2017 14.9................................................... 2018 16.3................................................... 2019 17.7................................................... 2020 19.4................................................... 2021 20.8................................................... 2022 22.2................................................... 2023 23.6................................................... 2024 25..................................................... 2025''. (b) Calendar Years After 2025.--Section 211(o)(2)(B) of such Act is amended by striking clauses (ii) through (iv) and inserting the following: ``(ii) Calendar years after 2025.--For the purposes of subparagraph (A), for calendar years after 2025 the applicable volume shall be equal to the product obtained by multiplying subclause (I) by subclause (II) of this clause. ``(I) The number of gallons of gasoline that the Administrator estimates will be sold or introduced into commerce in the calendar year concerned. ``(II) The ratio that 25,000,000,000 gallons bears to the number of gallons of gasoline sold or introduced into commerce in calendar year 2025''. (c) Credit for 85 Percent Ethanol Blend.--Section 211(o)(4) of such Act is amended by inserting ``or 85 percent ethanol blend'' in the heading before the period and by adding the following at the end thereof ``For the purposes of paragraph (2), 1 gallon of a fuel blend containing 85 percent ethanol and 15 percent gasoline shall be considered to be the equivalent of 1.5 gallons of renewable fuel.''. (d) Conforming Amendments.--Paragraph (3) and (6) of section 211(o) of such Act are each amended by striking ``2011'' and ``2012'' in each place it appears and inserting ``2024'' and ``2025'' respectively. SEC. 2. FEDERAL AGENCY ETHANOL-BLENDED GASOLINE AND BIODIESEL PURCHASING REQUIREMENT. Title III of the Energy Policy Act of 1992 is amended by striking section 306 (42 U.S.C. 13215) and inserting the following: ``SEC. 306. FEDERAL AGENCY ETHANOL-BLENDED GASOLINE AND BIODIESEL PURCHASING REQUIREMENT. ``(a) Ethanol-Blended Gasoline.--The head of each Federal agency shall ensure that, in areas in which ethanol-blended gasoline is reasonably available at a generally competitive price, the Federal agency purchases ethanol-blended gasoline containing at least 10 percent ethanol rather than nonethanol-blended gasoline, for use in vehicles used by the agency that use gasoline. ``(b) Biodiesel.-- ``(1) Definition of biodiesel.--In this subsection, the term `biodiesel' has the meaning given the term in section 312(f). ``(2) Requirement.--The head of each Federal agency shall ensure that the Federal agency purchases, for use in fueling fleet vehicles that use diesel fuel used by the Federal agency at the location at which fleet vehicles of the Federal agency are centrally fueled, in areas in which the biodiesel-blended diesel fuel described in subparagraphs (A) and (B) is available at a generally competitive price-- ``(A) as of the date that is 5 years after the date of enactment of this paragraph, biodiesel-blended diesel fuel that contains at least 2 percent biodiesel, rather than nonbiodiesel-blended diesel fuel; and ``(B) as of the date that is 10 years after the date of enactment of this paragraph, biodiesel-blended diesel fuel that contains at least 20 percent biodiesel, rather than nonbiodiesel-blended diesel fuel. ``(3) Requirement of federal law.--The provisions of this subsection shall not be considered a requirement of Federal law for the purposes of section 312. ``(c) Exemption.--This section does not apply to fuel used in vehicles excluded from the definition of `fleet' by subparagraphs (A) through (H) of section 301(9).''. SEC. 3. REAUTHORIZATION OF DEPARTMENT OF AGRICULTURE BIOENERGY PROGRAM. (a) Reauthorization.--Subsection (c) of section 9010 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8108) is amended by striking paragraph (2) and inserting the following new paragraph: ``(2) $140,000,000 for each of fiscal years 2007 through 2015.''. (b) Funding Priorities.--Such section is further amended-- (1) by redesignating subsection (c), as amended by subsection (a), as subsection (d); and (2) by inserting after subsection (b) the following new subsection: ``(c) Contract Priorities.--In entering into contracts under this section, the Secretary shall give priority to eligible producers participating in bioenergy initiatives involving-- ``(1) the production of cellulosic ethanol, including how to make it more cost effective; and ``(2) the production of hydrogen using ethanol technology.''. SEC. 4. 7-YEAR DEPRECIATION OF ETHANOL AND BIODIESEL REFINING PROPERTY. (a) In General.--Subparagraph (C) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to 7-year property) is amended by striking ``and'' at the end of clause (iv), by redesignating clause (v) as clause (vi), and by inserting after clause (iv) the following new clause: ``(v) any ethanol or biodiesel refining property.''. (b) Ethanol or Biodiesel Refining Property.--Section 168(i) of such Code is amended by adding at the end the following new paragraph: ``(18) Ethanol or biodiesel refining property.--The term `ethanol and biodiesel refining property' means-- ``(A) property used to produce biodiesel (as defined in section 40A(d)(1)), and ``(B) property used to produce ethanol other than from petroleum, natural gas, or coal (including lignite).''. (c) Alternative Depreciation System.--The table contained in section 168(g)(3)(B) of such Code (relating to special rule for certain property assigned to classes) is amended by inserting after the item relating to subparagraph (C)(iv) the following new item: ``(C)(v)................................................... 7''. (d) Alternative Minimum Tax.--Subparagraph (B) of section 56(a)(1) of such Code is amended by striking ``section 168(e)(3)(C)(iv)'' and inserting ``clause (iv) or (v) of section 168(e)(3)(C)''. (e) Effective Date.-- (1) In general.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. (2) Exception.--The amendments made by this section shall not apply to any property with respect to which the taxpayer or a related party has entered into a binding contract for the construction thereof on or before such date, or, in the case of self-constructed property, has started construction on or before such date. SEC. 5. STREAMLINED PERMITTING. The Secretary of Energy shall undertake a study to evaluate current permitting requirements applicable to the construction of new petroleum industry facilities (including refineries, pipelines, and related facilities). The study shall identify the problems and identify improvements. The Secretary shall submit a report the Congress containing the results of the study. SEC. 6. EXTENSION AND EXPANSION OF TAX INCENTIVES FOR RENEWABLE FUELS. (a) Alternative Technology Vehicle Credit.-- (1) Extension.--Subsection (j) of section 30B of the Internal Revenue Code of 1986 (relating to alternative motor vehicle credit) is amended to read as follows: ``(j) Termination.--This section shall not apply to any property purchased after December 31, 2014.''. (2) Increased credit for certain hybrid-flexible fuel vehicles.-- (A) In general.--Subsection (a) of section 30B of such Code is amended by striking ``and'' at the end of paragraph (3), by striking paragraph (4), and by inserting after paragraph (3) the following new paragraphs: ``(4) the new flexible fuel hybrid motor vehicle credit determined under subsection (e), and ``(5) the new qualified alternative fuel motor vehicle credit determined under subsection (f).''. (B) New flexible fuel hybrid motor vehicle credit.--Section 30B of such Code is amended by redesignating subsections (e) through (j) as subsections (f) through (k), respectively, and by inserting after subsection (d) the following new subsection: ``(e) New Flexible Fuel Hybrid Motor Vehicle Credit.-- ``(1) In general.--For purposes of subsection (a), the new flexible fuel hybrid motor vehicle credit determined under this subsection for the taxable year is the credit amount determined under paragraph (2) with respect to a new hybrid flexible fuel motor vehicle placed in service by the taxpayer during the taxable year. ``(2) Credit amount.-- ``(A) In general.--The credit amount determined under this paragraph shall be determined in accordance with the following table: ``In the case of a vehicle the city fuel economy of which (expressed as a percentage of the city fuel economy of the comparable vehicle referred The credit to in paragraph (3)(B)) is-- amount is-- At least 125 percent but less than 150 percent......... $1,500 At least 150 percent but less than 175 percent......... $2,000 At least 175 percent but less than 200 percent......... $2,500 At least 200 percent but less than 225 percent......... $3,000 At least 225 percent................................... $3,500. ``(B) Fuel economy.--For purposes of subparagraph (A), the city fuel economy of the vehicle for which the credit is being determined shall be determined on a E- 85 ethanol gallon equivalent basis (as determined by the Administrator of the Environmental Protection Agency), and the city fuel economy of the comparable vehicle referred to in paragraph (3)(B) shall be determined on a gasoline gallon equivalent basis (as so determined). ``(3) New flexible fuel hybrid motor vehicle.--For purposes of this subsection, the term `new flexible fuel hybrid motor vehicle' means a new qualified hybrid motor vehicle-- ``(A) which is capable of operating on an alternative fuel, on gasoline, and on any blend thereof, and ``(B) which is certified by the Administrator of the Environmental Protection Agency, in consultation with the manufacturer, to have achieved a city fuel economy using E-85 ethanol which is at least 125 percent of the city fuel economy of a comparable vehicle that is a nonhybrid internal combustion vehicle fueled by gasoline. ``(4) Coordination with subsection (d).--Subsection (d) shall not apply to any motor vehicle for which credit is allowed under this subsection.''. (C) Vehicles included in numeric limitation.-- Paragraph (1) of section 30B(g) of such Code, as redesignated by subparagraph (A), is amended by striking ``or (d)'' and inserting ``, (d), or (e)''. (D) Conforming amendments.-- (i) Subparagraph (A) of section 30B(i)(5) of such Code, as so redesignated, is amended by striking ``subsection (e)'' and inserting ``subsection (f)''. (ii) Paragraph (6) of section 30B(i) of such Code, as so redesignated, is amended by striking ``subsection (g)'' and inserting ``subsection (h)''. (iii) Subsection (b) of section 38 of such Code is amended by striking ``section 30B(g)(1)'' and inserting ``section 30B(h)(1)''. (iv) Paragraph (36) of section 1016(a) of such Code is amended by striking ``section 30B(h)(4)'' and inserting ``section 30B(i)(4)''. (b) Alternative Fuel Vehicle Refueling Property Credit.-- (1) Extension.--Subsection (g) of section 30C of such Code is amended to read as follows: ``(g) Termination.--This section shall not apply to any property placed in service after December 31, 2024.''. (2) Increase.--Subsection (a) of section 30C of such Code is amended to read as follows: ``(a) Credit Allowed.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the cost of any qualified alternative fuel vehicle refueling property placed in service by the taxpayer during the taxable year. ``(b) Applicable Percentage.--For purposes of subsection (a), the applicable percentage is-- ``In the case of taxable years The applicable beginning during: percentage is: 2006 through 2010............................. 75 percent 2011 through 2015............................. 50 percent 2016 through 2024............................. 25 percent.''. (c) Volumetric Excise Tax Credit for Alternative Fuels; Alternative Fuel Mixture Credit.-- (1) Volumetric excise tax credit.--Paragraph (4) of section 6426(d) of such Code is amended to read as follows: ``(4) Termination.--This subsection shall not apply to any sale or use after September 30, 2014.''. (2) Alternative fuel mixture credit.--Paragraph (3) of section 6426(e) of such Code is amended to read as follows: ``(3) Termination.--This subsection shall not apply to any sale or use for any period after September 30, 2014.''. (3) Conforming amendment.--Paragraph (5) of section 6427(e) of such Code is amended by adding ``and'' at the end of subparagraph (B), by striking subparagraphs (C) and (D) and inserting the following new subparagraph: ``(C) any alternative fuel or alternative fuel mixture (as defined in subsection (d)(2) or (e)(3) of section 6426) sold or used after September 30, 2014.''. (d) Biodiesel Producer Credit.--Subsection (g) of section 40A of such Code is amended by striking ``December 31, 2008'' and inserting ``December 31, 2024''. (e) Small Ethanol Producer Credit.--Paragraph (1) of section 40(e) of such Code is amended by adding at the end the following flush sentence: ``In the case of the small ethanol producer credit under subsection (a)(3), the preceding sentence shall be applied by substituting `December 31, 2024' for `December 31, 2010' and by substituting `January 1, 2025' for `January 1, 2016'.''.

Amends the Clean Air Act to extend to 2025 certain requirements increasing the applicable volume of renewable fuel in gasoline. Amends the Energy Policy Act of 1992 to require the head of each federal agency to ensure that, in areas in which ethanol-blended gasoline is reasonably available at a generally competitive price, the agency purchases such gasoline with at least 10% ethanol, rather than nonethanol-blended gasoline, for its vehicles that use gasoline. Amends the Farm Security and Rural Investment Act of 2002 to: (1) authorize appropriations for FY2007-FY2015 to the Department of Agriculture bioenergy program; and (2) direct the Secretary of Agriculture to give priority to production of both cellulosic ethanol, and hydrogen using ethanol technology. Amends the Internal Revenue Code to make ethanol and biodiesel refining property eligible for 7-year depreciation. Creates a new flexible fuel hybrid motor vehicle income tax credit. Extends: (1) the alternative technology vehicle credit through calendar 2014; (2) the alternative fuel vehicle refueling property credit through calendar 2024; (3) the volumetric excise tax credit for alternative fuels and the alternative fuel mixture credit through FY2014; and (6) the biodiesel producer credit and the small ethanol producer credit through calendar 2024.

To increase the renewable fuel content of gasoline sold in the United States by the year 2025 to 25 billion gallons, to require Federal agencies to use ethanol and biodiesel in government vehicles, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United Nations Reform Act of 1997''. SEC. 2. PAYMENT OF UNITED STATES ARREARAGES IN ASSESSED CONTRIBUTIONS TO THE UNITED NATIONS. (a) Limitation.--Notwithstanding any other provision of law, for each of the fiscal years 1998 through 2002, no funds shall be available for obligation or expenditure to the United Nations for the payment except under procedures of United States assessed contributions to the United Nations more than one year in arrears at the time of passage of this Act under United States Government accounting except under procedures under subsection (b); (b) Procedures for the Release of United States Arrearages to the United Nations.--In accordance with procedures applicable to reprogramming notifications under section 34 of the State Department Basic Authorities Act of 1956, for each fiscal year 1998 through 2002, the President may make available for obligation or expenditure to the United Nations an amount not to exceed 20% of United States assessed contributions to the United Nations more than one year in arrears at the time of passage of this Act under United States Government accounting if on January 31 of each fiscal year 1998 through 2002 the President determines and certifies to the relevant committees of the Congress that the applicable reform criteria for each fiscal year has been met. (c) Definitions.--As used in this section: (1) Relevant committees of the congress.--The term ``relevant committees of the Congress'' means the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives. (2) Applicable reform criteria.--The term ``applicable reform criteria'' means-- (A) for fiscal year 1998 that the United Nations has maintained a zero nominal growth budget in United States dollar terms and has made all of its programs, offices and activities open to auditing by the national auditing and inspecting agencies of its member states to include, but not be limited to the United States General Accounting Office and the State Department Office of Inspector General, that the United Nations Office of Internal Oversight Services has been fully funded at its request level, and that all products of the Office of Internal Oversight Services relevant to United Nations budgetary and administrative matters are available to all United Nations member states; (B) for fiscal year 1999 that all criteria for fiscal year 1998 continue to be met and that United States representation on the United Nations Advisory Committee on Administrative and Budgetary Questions has been restored; (C) for fiscal year 2000 that all criteria for fiscal years 1998 and 1999 continue to be met and that procedures for assessing contributions for United Nations peacekeeping activities have been reformed to ensure that for all logistical, in-kind, and non-cash aid provided by the United States to support United Nations assessed peacekeeping activities that the United States either receives from the United Nations cash reimbursement for the full value of such aid or credit toward the payment of assessed contributions for peacekeeping operations; (D) for fiscal year 2001 that all criteria for fiscal years 1998 through 2000 continue to be met and that the United Nations has divided its regular budget into a small ``core'' assessed budget representing only those activities determined by the General Accounting Office to be necessary for the United Nations to maintain its existence under the terms of the United Nations Charter and a voluntary ``program'' budget that would include all United Nations programs, developmental activities, regional activities, economic and social activities, and related staff; and (E) for fiscal year 2002 that all criteria for fiscal years 1998 through 2001 continue to be met and that the United Nations has approved and implemented systemwide structural reform, entailing a significant reduction in staff, that would eliminate all outdated activities and program duplication and would encompass all relevant United Nations specialized agencies.

United Nations Reform Act of 1997 - Authorizes the President to make available for obligation to the United Nations (UN) no more than 20 percent of U.S. assessed contributions that are more than one year in arrears, provided that on January 31 of each of FY 1998 through 2002 the President certifies to relevant congressional committees that the UN has a zero nominal growth budget and met other applicable reform criteria during the preceding fiscal year. Sets forth a schedule for the UN to meet specified requirements for auditing, staff reduction, program elimination, restoration of U.S. representation on the UN Advisory Committee on Administrative and Budgetary Questions, and establishment of procedures to reimburse U.S. contributions to peacekeeping activities.

United States Reform Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disability Equity Act''. SEC. 2. ELIMINATION OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON DISABILITY. (a) Disability Insurance Benefits.-- (1) In general.--The first sentence of section 223(a)(1) of the Social Security Act (42 U.S.C. 423(a)(1)) is amended by striking ``(i) for each month'' and all that follows through ``the first month in which he is under such disability'' and inserting the following: ``for each month beginning with the first month during all of which such individual is under a disability and in which such individual becomes so entitled to such insurance benefits''. (2) Waiting period eliminated from determination of benefit amount.-- (A) In general.--The first sentence of section 223(a)(2) of such Act (42 U.S.C. 423(a)(2)) is amended by striking ``in--'' and all that follows through ``and as though'' and inserting the following: ``in the first month for which such individual becomes entitled to such disability insurance benefits, and as though''. (B) Conforming amendment.--The second sentence of section 223(a)(2) of such Act (42 U.S.C. 423(a)(2)) is amended by striking ``subparagraph (A) or (B) of such sentence, as the case may be'' and inserting ``such sentence''. (3) Elimination of defined term.-- (A) In general.--Section 223(c)(2) of such Act is repealed. (B) Conforming amendments.-- (i) The heading of section 223(c) of such Act (42 U.S.C. 423(c)) is amended to read as follows: ``Definition of Insured Status''. (ii) Section 223(c)(1) of such Act (42 U.S.C. 423(c)(1)) is amended by striking ``For purposes of subparagraph (B) of this paragraph, when the number of quarters'' in the last sentence and inserting the following: ``(2) In applying paragraph (1)(B), when the number of quarters''. (b) Widow's Insurance Benefits Based on Disability.-- (1) In general.--Section 202(e)(1)(F) of such Act (42 U.S.C. 402(e)(1)(F)) is amended to read as follows: ``(F) if she satisfies subparagraph (B) by reason of clause (ii) thereof, the first month during all of which she is under a disability and in which she becomes so entitled to such insurance benefits,''. (2) Elimination of defined term.--Section 202(e) of such Act (42 U.S.C. 402(e)) is amended-- (A) by striking paragraph (5); and (B) by redesignating paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7), respectively. (c) Widower's Insurance Benefits Based on Disability.-- (1) In general.--Section 202(f)(1)(F) of such Act (42 U.S.C. 402(f)(1)(F)) is amended to read as follows: ``(F) if he satisfies subparagraph (B) by reason of clause (ii) thereof, the first month during all of which he is under a disability and in which he becomes so entitled to such insurance benefits,''. (2) Elimination of defined term.--Section 202(f) of such Act (42 U.S.C. 402(f)) is amended-- (A) by striking paragraph (5); and (B) by redesignating paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7), respectively. (d) Elimination of Waiting Period for Commencement of Periods of Disability.--Section 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A)) is amended by striking ``, but only'' and all that follows and inserting a period. (e) Effective Dates.--The amendments made by subsection (a) shall apply with respect to benefits under section 223 of the Social Security Act, or under section 202 of such Act on the basis of the wages and self-employment income of an individual entitled to benefits under such section 223, for months following the month in which this Act is enacted. The amendments made by subsections (b) and (c) shall apply with respect to benefits based on disability under subsection (e) or (f) of section 202 of the Social Security Act (42 U.S.C. 402) for months following the month in which this Act is enacted. The amendment made by subsection (d) shall apply only with respect to applications for disability determinations filed under title II of the Social Security Act on or after the date of the enactment of this Act. SEC. 3. ELIMINATION OF WAITING PERIOD FOR MEDICARE DISABILITY BENEFITS. (a) In General.--Section 226(b) of the Social Security Act (42 U.S.C. 426(b)) is amended-- (1) in paragraph (2)(A), by striking ``, and has for 24 calendar months been entitled to,''; (2) in paragraph (2)(B), by striking ``, and has been for not less than 24 months,''; (3) in paragraph (2)(C)(ii), by striking ``, including the requirement that he has been entitled to the specified benefits for 24 months,''; and (4) in the flush matter following paragraph (2)(C)(ii)(II)-- (A) in the matter before the first complete sentence, by striking ``for each month beginning with the later of (I) July 1973 or (II) the twenty-fifth month of his'' and inserting ``for each month beginning with the first month of the individual's''; (B) in the first complete sentence, by striking ``the `twenty-fifth month of his entitlement' refers to the first month after the twenty-fourth month of entitlement to specified benefits referred to in paragraph (2)(C) and'' and inserting ``the `first month of the individual's entitlement' refers to the first month of entitlement to specified benefits referred to in paragraph (2)(C) and''; and (C) in the second complete sentence, by striking ``, but not in excess of 78 such months''. (b) Conforming Amendments.-- (1) Subsections (f) and (h) of section 226 of the Social Security Act (42 U.S.C. 426) are repealed. (2) Section 1811(2) of such Act (42 U.S.C. 1395c(2)) is amended by striking ``who have been entitled for not less than 24 months'' and inserting ``who are entitled''. (3) Section 1837(g)(1) of such Act (42 U.S.C. 1395p(g)(1)) is amended by striking ``of the later of (A) April 1973 or (B) the third month before the 25th month of such entitlement'' and inserting ``of the first month of such entitlement''. (4) Section 7(d)(2)(ii) of the Railroad Retirement Act of 1974 (45 U.S.C. 231f(d)(2)(ii)) is amended-- (A) by striking ``, for not less than 24 months''; and (B) by striking ``could have been entitled for 24 calendar months, and could currently be entitled,'' and inserting ``could currently be entitled''. (c) Effective Date.--The amendments made by this section shall apply to insurance benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning after the date of the enactment of this Act.

Disability Equity Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to eliminate: (1) the five-month waiting period for an individual (including a disabled widow or widower) to be eligible for benefits based on disability; and (2) the waiting period for benefits under SSA title XVIII (Medicare).

To amend title II of the Social Security Act to eliminate the waiting periods for people with disabilities for entitlement to disability benefits and Medicare, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Spectrum Auction Act of 1995''. SEC. 2. FINDINGS. The Congress finds that-- (1) the National Telecommunications and Information Administration of the Department of Commerce recently submitted to the Congress a report entitled ``U.S. National Spectrum Requirements'' as required by section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923); (2) based on the best available information the report concludes that an additional 179 megahertz of spectrum will be needed within the next ten years to meet the expected demand for land mobile and mobile satellite radio services such as cellular telephone service, paging services, personal communication services, and low earth orbiting satellite communications systems; (3) a further 85 megahertz of additional spectrum, for a total of 264 megahertz, is needed if the United States is to fully implement the Intelligent Transportation System currently under development by the Department of Transportation; (4) as required by Part B of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 921 et seq.) the Federal Government will transfer 235 megahertz of spectrum from exclusive government use to non-governmental or mixed governmental and non- governmental use between 1994 and 2004; (5) the Spectrum Reallocation Final Report submitted to Congress by the National Telecommunications and Information Administration states that, of the 235 megahertz of spectrum identified for reallocation from governmental to non- governmental or mixed use-- (A) 50 megahertz has already been reallocated for exclusive non-governmental use, (B) 45 megahertz will be reallocated in 1995 for both exclusive non-governmental and mixed governmental and non-governmental use, (C) 25 megahertz will be reallocated in 1997 for exclusive non-governmental use, (D) 70 megahertz will be reallocated in 1999 for both exclusive non-governmental and mixed governmental and non-governmental use, and (E) the final 45 megahertz will be reallocated for mixed governmental and non-governmental use by 2004; (6) the 165 megahertz of spectrum that are not yet reallocated, combined with 80 megahertz that the Federal Communications Commission is currently holding in reserve for emerging technologies, are less than the best estimates of projected spectrum needs in the United States; (7) the authority of the Federal Communications Commission to assign radio spectrum frequencies using an auction process expires on September 30, 1998; (8) a significant portion of the reallocated spectrum will not yet be assigned to non-governmental users before that authority expires; (9) the transfer of Federal governmental users from certain valuable radio frequencies to other reserved frequencies could be expedited if Federal governmental users are permitted to accept reimbursement for relocation costs from non-governmental users; and (10) extension of the authority to use auctions and non- governmental reimbursement of Federal governmental users relocation costs would allow the market to determine the most efficient use of the available spectrum. SEC. 3. EXTENSION AND EXPANSION OF AUCTION AUTHORITY. Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended-- (1) by striking paragraph (1) and inserting in lieu thereof the following: ``(1) General authority.--If mutually exclusive applications or requests are accepted for any initial license or construction permit which will involve a use of the electromagnetic spectrum, then the Commission shall grant such license or permit to a qualified applicant through a system of competitive bidding that meets the requirements of this subsection. The competitive bidding authority granted by this subsection shall not apply to licenses or construction permits issued by the Commission for public safety radio services or for licenses or construction permits for new terrestrial digital television services assigned by the Commission to existing terrestrial broadcast licensees to replace their current television licenses.''; (2) by striking paragraph (2) and renumbering paragraphs (3) through (13) as (2) through (12), respectively; and (3) by striking ``1998'' in paragraph (10), as renumbered, and inserting in lieu thereof ``2002''. SEC. 4. REIMBURSEMENT OF FEDERAL RELOCATION COSTS. Section 113 of the National Telecommunications and Information Administration Act (47 U.S.C. 923) is amended by adding at the end the following new subsections: ``(f) Relocation of Federal Government Stations.-- ``(1) In general.--In order to expedite the efficient use of the electromagnetic spectrum and notwithstanding section 3302(b) of title 31, United States Code, any Federal entity which operates a Federal Government station may accept reimbursement from any person for the costs incurred by such Federal entity for any modification, replacement, or reissuance of equipment, facilities, operating manuals, regulations, or other expenses incurred by that entity in relocating the operations of its Federal Government station or stations from one or more radio spectrum frequencies to any other frequency or frequencies. Any such reimbursement shall be deposited in the account of such Federal entity in the Treasury of the United States. Funds deposited according to this section shall be available, without appropriation or fiscal year limitation, only for the operations of the Federal entity for which such funds were deposited under this section. ``(2) Process for relocation.--Any person seeking to relocate a Federal Government station that has been assigned a frequency within a band allocated for mixed Federal and non- Federal use may submit a petition for such relocation to NTIA. The NTIA shall limit the Federal Government station's operating license to secondary status when the following requirements are met-- ``(A) the person seeking relocation of the Federal Government station has guaranteed reimbursement through money or in-kind payment of all relocation costs incurred by the Federal entity, including all engineering, equipment, site acquisition and construction, and regulatory fee costs; ``(B) the person seeking relocation completes all activities necessary for implementing the relocation, including construction of replacement facilities (if necessary and appropriate) and identifying and obtaining on the Federal entity's behalf new frequencies for use by the relocated Federal Government station (where such station is not relocating to spectrum reserved exclusively for Federal use); and ``(C) any necessary replacement facilities, equipment modifications, or other changes have been implemented and tested to ensure that the Federal Government station is able to successfully accomplish its purposes. ``(3) Right to reclaim.--If within one year after the relocation the Federal Government station demonstrates to the Commission that the new facilities or spectrum are not comparable to the facilities or spectrum from which the Federal Government station was relocated, the person seeking such relocation must take reasonable steps to remedy any defects or reimburse the Federal entity for the costs of returning the Federal Government station to the spectrum from which such station was relocated. ``(g) Federal Action To Expedite Spectrum Transfer.--Any Federal Government station which operates on electromagnetic spectrum that has been identified for reallocation for mixed Federal and non-Federal use in the Spectrum Reallocation Final Report shall, to the maximum extent practicable through the use of the authority granted under subsection (f) and any other applicable provision of law, take action to relocate its spectrum use to other frequencies that are reserved for Federal use or to consolidate its spectrum use with other Federal Government stations in a manner that maximizes the spectrum available for non- Federal use. Notwithstanding the timetable contained in the Spectrum Reallocation Final Report, the President shall seek to implement the reallocation of the 1710 to 1755 megahertz frequency band by January 1, 2000. Subsection (c)(4) of this section shall not apply to the extent that a non-Federal user seeks to relocate or relocates a Federal power agency under subsection (f). ``(h) Definitions.--For purposes of this section-- ``(1) Federal entity.--The term `Federal entity' means any Department, agency, or other element of the Federal Government that utilizes radio frequency spectrum in the conduct of its authorized activities, including a Federal power agency. ``(2) Spectrum reallocation final report.--The term `Spectrum Reallocation Final Report' means the report submitted by the Secretary to the President and Congress in compliance with the requirements of subsection (a).''. SEC. 5. REALLOCATION OF ADDITIONAL SPECTRUM. The Secretary of Commerce shall, within 9 months after the date of enactment of this Act, prepare and submit to the President and the Congress a report and timetable recommending the reallocation of the three frequency bands (225-400 megahertz, 3625-3650 megahertz, and 5850-5925 megahertz) that were discussed but not recommended for reallocation in the Spectrum Reallocation Final Report. The Secretary shall consult with the Federal Communications Commission and other Federal agencies in the preparation of the report, and shall provide notice and an opportunity for public comment before submitting the report and timetable required by this section.

Spectrum Auction Act of 1995 - Amends the Communications Act of 1934 to state that certain competitive bidding requirements of the Act shall not apply to licenses or construction permits issued by the Federal Communications Commission (FCC) for public safety radio services or for licenses or construction permits for new terrestrial digital television services assigned by the FCC to existing terrestrial broadcast licensees to replace their current television licenses. Extends through FY 2002 the authority of the FCC to grant such licenses or permits. Amends the National Telecommunications and Information Administration (NTIA) Act to authorize any Federal entity which operates a Government station to accept reimbursement from any person for the cost of relocating the operations of such station from one or more radio spectrum frequencies to any other frequency. Authorizes any person seeking to relocate a Government station that has been assigned a frequency of mixed Federal and non-Federal use to petition for such relocation to the NTIA. Provides relocation requirements. Allows such a relocated station up to one year to reclaim the former station if it finds the new facilities or spectrum (radio frequency) to be inferior to the former facilities or spectrum. Provides for the expedited transfer to Federal spectrum use of a station currently on a mixed Federal and non-Federal spectrum, or the consolidation of its spectrum use with other Government stations in a manner that maximizes the spectrum available for non-Federal use. Directs the President to seek to implement the relocation of the 1710 to 1755 megahertz frequency band by January 1, 2000. Directs the Secretary of Commerce to prepare and submit to the President and the Congress a report and timetable for the reallocation of the three frequency bands that were discussed but not recommended for reallocation in the Spectrum Reallocation Final Report.

Spectrum Auction Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``EPA Regulatory Relief Act of 2011''. SEC. 2. LEGISLATIVE STAY. (a) Establishment of Standards.--In place of the rules specified in subsection (b), and notwithstanding the date by which such rules would otherwise be required to be promulgated, the Administrator of the Environmental Protection Agency (in this Act referred to as the ``Administrator'') shall-- (1) propose regulations for industrial, commercial, and institutional boilers and process heaters, and commercial and industrial solid waste incinerator units, subject to any of the rules specified in subsection (b)-- (A) establishing maximum achievable control technology standards, performance standards, and other requirements under sections 112 and 129, as applicable, of the Clean Air Act (42 U.S.C. 7412, 7429); and (B) identifying non-hazardous secondary materials that, when used as fuels or ingredients in combustion units of such boilers, process heaters, or incinerator units are solid waste under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.; commonly referred to as the ``Resource Conservation and Recovery Act'') for purposes of determining the extent to which such combustion units are required to meet the emissions standards under section 112 of the Clean Air Act (42 U.S.C. 7412) or the emission standards under section 129 of such Act (42 U.S.C. 7429); and (2) finalize the regulations on the date that is 15 months after the date of the enactment of this Act. (b) Stay of Earlier Rules.--The following rules are of no force or effect, shall be treated as though such rules had never taken effect, and shall be replaced as described in subsection (a): (1) ``National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters'', published at 76 Fed. Reg. 15608 (March 21, 2011). (2) ``National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers'', published at 76 Fed. Reg. 15554 (March 21, 2011). (3) ``Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units'', published at 76 Fed. Reg. 15704 (March 21, 2011). (4) ``Identification of Non-Hazardous Secondary Materials That Are Solid Waste'', published at 76 Fed. Reg. 15456 (March 21, 2011). (c) Inapplicability of Certain Provisions.--With respect to any standard required by subsection (a) to be promulgated in regulations under section 112 of the Clean Air Act (42 U.S.C. 7412), the provisions of subsections (g)(2) and (j) of such section 112 shall not apply prior to the effective date of the standard specified in such regulations. SEC. 3. COMPLIANCE DATES. (a) Establishment of Compliance Dates.--For each regulation promulgated pursuant to section 2, the Administrator-- (1) shall establish a date for compliance with standards and requirements under such regulation that is, notwithstanding any other provision of law, not earlier than 5 years after the effective date of the regulation; and (2) in proposing a date for such compliance, shall take into consideration-- (A) the costs of achieving emissions reductions; (B) any non-air quality health and environmental impact and energy requirements of the standards and requirements; (C) the feasibility of implementing the standards and requirements, including the time needed to-- (i) obtain necessary permit approvals; and (ii) procure, install, and test control equipment; (D) the availability of equipment, suppliers, and labor, given the requirements of the regulation and other proposed or finalized regulations of the Environmental Protection Agency; and (E) potential net employment impacts. (b) New Sources.--The date on which the Administrator proposes a regulation pursuant to section 2(a)(1) establishing an emission standard under section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 7429) shall be treated as the date on which the Administrator first proposes such a regulation for purposes of applying the definition of a new source under section 112(a)(4) of such Act (42 U.S.C. 7412(a)(4)) or the definition of a new solid waste incineration unit under section 129(g)(2) of such Act (42 U.S.C. 7429(g)(2)). (c) Rule of Construction.--Nothing in this Act shall be construed to restrict or otherwise affect the provisions of paragraphs (3)(B) and (4) of section 112(i) of the Clean Air Act (42 U.S.C. 7412(i)). SEC. 4. ENERGY RECOVERY AND CONSERVATION. Notwithstanding any other provision of law, and to ensure the recovery and conservation of energy consistent with the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.; commonly referred to as the ``Resource Conservation and Recovery Act''), in promulgating rules under section 2(a) addressing the subject matter of the rules specified in paragraphs (3) and (4) of section 2(b), the Administrator-- (1) shall adopt the definitions of the terms ``commercial and industrial solid waste incineration unit'', ``commercial and industrial waste'', and ``contained gaseous material'' in the rule entitled ``Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units'', published at 65 Fed. Reg. 75338 (December 1, 2000); and (2) shall identify non-hazardous secondary material to be solid waste only if-- (A) the material meets such definition of commercial and industrial waste; or (B) if the material is a gas, it meets such definition of contained gaseous material. SEC. 5. OTHER PROVISIONS. (a) Establishment of Standards Achievable in Practice.--In promulgating rules under section 2(a), the Administrator shall ensure that emissions standards for existing and new sources established under section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 7429), as applicable, can be met under actual operating conditions consistently and concurrently with emission standards for all other air pollutants regulated by the rule for the source category, taking into account variability in actual source performance, source design, fuels, inputs, controls, ability to measure the pollutant emissions, and operating conditions. (b) Regulatory Alternatives.--For each regulation promulgated pursuant to section 2(a), from among the range of regulatory alternatives authorized under the Clean Air Act (42 U.S.C. 7401 et seq.) including work practice standards under section 112(h) of such Act (42 U.S.C. 7412(h)), the Administrator shall impose the least burdensome, consistent with the purposes of such Act and Executive Order No. 13563 published at 76 Fed. Reg. 3821 (January 21, 2011). Passed the House of Representatives October 13, 2011. Attest: KAREN L. HAAS, Clerk.

EPA Regulatory Relief Act of 2011 - Provides that the following rules shall have no force or effect and shall be treated as though they had never taken effect: (1) the National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters; (2) the National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers; (3) the Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units; and (4) Identification of Non-Hazardous Secondary Materials That are Solid Waste. Requires the Administrator of the Environmental Protection Agency (EPA), in place of such rules, to promulgate and finalize on the date that is 15 months after the date of the enactment of this Act regulations for industrial, commercial, and institutional boilers and process heaters and commercial and industrial solid waste incinerator units subject to such rules, that: (1) establish maximum achievable control technology standards, performance standards, and other requirements for hazardous air pollutants or solid waste combustion under the Clean Air Act; and (2) identify non-hazardous secondary materials that, when used as fuels or ingredients in combustion units of such boilers, heaters, or incinerator units, are solid waste under the Solid Waste Disposal Act for purposes of determining the extent to which such combustion units are required to meet emission standards for such pollutants under such Act. Requires the Administrator to establish a date for compliance with standards and requirements under such regulations, which shall be no earlier than five years after such a regulation's effective date, after considering compliance costs, non-air quality health and environmental impacts and energy requirements, the feasibility of implementation, the availability of equipment, suppliers, and labor, and potential net employment impacts. Treats the date on which the Administrator proposes such a regulation establishing an emission standard as the proposal date for purposes of applying the definition of a "new source" to hazardous air pollutants requirements or of a "new solid waste incineration unit" to solid waste combustion requirements under the Clean Air Act. Requires the Administrator, in promulgating such regulations, to: (1) adopt the definitions of "commercial and industrial solid waste incineration unit," "commercial and industrial waste," and "contained gaseous material" in the rule entitled Standards for Performance of New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units; (2) identify non-hazardous secondary material to be solid waste only if the material meets such definitions; (3) ensure that emissions standards for existing and new sources can be met under actual operating conditions consistently and concurrently with emission standards for all other air pollutants regulated by the rule for the source category, taking into account variability in actual source performance, source design, fuels, inputs, controls, ability to measure the pollutant emissions, and operating conditions; and (4) impose the least burdensome regulatory alternative.

To provide additional time for the Administrator of the Environmental Protection Agency to issue achievable standards for industrial, commercial, and institutional boilers, process heaters, and incinerators, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Access to Credit Scores Act of 2013''. SEC. 2. CREDIT SCORES INCLUDED IN FREE ANNUAL DISCLOSURES. (a) In General.--Section 609 of the Fair Credit Reporting Act (15 U.S.C. 1681g) is amended-- (1) in subsection (a)(1)-- (A) by striking ``and'' at the end and inserting a period; (B) by striking ``except that--'' and all that follows through ``(A) if the'' and inserting ``except that, if the''; and (C) by striking subparagraph (B); (2) in subsection (a), by adding at the end the following: ``(7) All consumer reporting agencies described in section 603(p) shall disclose a current credit score generated using the scoring algorithm, formula, model, program or mechanism that is most frequently used to generate scores sold to creditors, subject to regulations of the Bureau, along with any information in the consumer's file at the time of the request concerning credit scores or any other risk scores or predictors relating to the consumer, if such request is made in connection with a free annual disclosure made pursuant to section 612(a). ``(8) Such other consumer information as the Bureau considers appropriate with respect to consumer financial education, including the information required by subsection (f)(1), information on where the credit score of the consumer falls with respect to a range of possible credit scores, and the general factors contributing to the credit scores of consumers.''; and (3) in subsection (f)-- (A) by striking ``Upon the request'' and all that follows through subparagraph (A) and inserting the following: ``(1) In general.--Upon request of a consumer for a credit score or a risk score, a consumer reporting agency shall supply to the consumer-- ``(A) any credit score or risk score in the file of the consumer at the consumer reporting agency;''; (B) in paragraph (2)-- (i) by redesignating subparagraph (B) as subparagraph (C); and (ii) by striking subparagraph (A) and inserting the following: ``(A) Credit score.--The term `credit score' means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default. ``(B) Risk score.--The term `risk score' means a numerical value or a categorization derived from a statistical tool or modeling system based upon information from a consumer report for the purpose of predicting the likelihood of certain behaviors or outcomes, and includes scores used for the underwriting of insurance.''; (C) by striking paragraph (6) and inserting the following: ``(6) Maintenance of credit scores.--All consumer reporting agencies shall maintain in the consumer's file credit scores or any other risk scores or predictors relating to the consumer for a period of no less than 1 year from the date on which such information is generated.''; (D) by striking paragraph (7); and (E) in paragraph (8), by inserting before the period at the end the following: ``, except that a consumer reporting agency described in section 603(p) shall provide a credit score without charge to the consumer if the consumer is requesting the score in connection with a free annual disclosure made pursuant to section 612(a)''. (b) Inclusion in Free Reports.--Section 612 of the Fair Credit Reporting Act (15 U.S.C. 1681j) is amended-- (1) in subsection (a)(1)(A), by striking ``(w)'' and inserting ``(x)''; and (2) in subsection (g)-- (A) in paragraph (1)-- (i) by striking ``free credit report'' and inserting ``free or low cost credit report or credit score''; and (ii) by inserting ``and free credit scores'' after ``free credit reports''; and (B) in paragraph (2)-- (i) by striking ``televison'' and inserting ``television''; and (ii) by inserting ``or free credit score, as applicable,'' after ``free credit report''. (c) Technical Corrections.--The Fair Credit Reporting Act (15 U.S.C. 1681a et seq.) is amended-- (1) in section 603(d)(2)(D) (15 U.S.C. 1681a(d)(2)(D)), by striking ``subsection (o) or (x)'' and inserting with ``subsection (o) or (y)''; (2) in section 603(i)(1)(C) (15 U.S.C. 1681a(i)(1)(C)), by striking the period at the end and inserting ``; and''; (3) in section 609(c)(1) (15 U.S.C. 1681g(c)(1))-- (A) in the paragraph heading, by striking ``Commission'' and inserting ``Bureau''; (B) in subparagraph (A), by striking ``Commission'' and inserting ``Bureau''; (C) in subparagraph (B)(vi), by striking ``section 603(w)'' and inserting ``section 603(x)''; and (D) in subparagraph (C), by striking ``Commission'' and inserting ``Bureau''; and (4) in section 612(a)(1) (15 U.S.C. 1681j(a)(1))-- (A) in subparagraph (A), by striking ``subsections (p) and (w)'' and inserting ``subsections (p) and (x)''; (B) in subparagraph (C)(i)-- (i) by striking ``Commission'' and inserting ``Bureau''; and (ii) by striking ``section 603(w)'' and inserting ``section 603(x)''; (C) in subparagraph (C)(iii), by striking ``Commission'' and inserting ``Bureau''; and (D) in subparagraph (C)(iv), by striking ``section 603(w)'' and inserting ``section 603(x)''. SEC. 3. RULEMAKING. Not later than 180 days after the date of enactment of this Act, the Bureau of Consumer Financial Protection shall develop regulations establishing a mandatory disclosure format for consumer file disclosures pursuant to section 612(a)(1)(B) of the Fair Credit Reporting Act (15 U.S.C. 1681j(a)(1)(B)). SEC. 4. TECHNICAL CORRECTION. Section 615(h)(8)(A) of the Fair Credit Reporting Act (15 U.S.C. 1681m(h)(8)(A)) is amended by striking ``this section'' and inserting ``this subsection''.

Fair Access to Credit Scores Act of 2013 - Amends the Fair Credit Reporting Act to require certain consumer reporting agencies to disclose, without charge, as part of a consumer's free annual disclosure upon request, a current credit score generated using the scoring methodology most frequently used to generate scores sold to creditors, including information regarding other risk scores or predictors in the consumer's file. Requires the agencies also to furnish such other consumer information as the Consumer Financial Protection Bureau (CFPB) considers appropriate with respect to consumer financial education, including where the consumer's credit score falls with respect to a range of possible credit scores, and the general factors contributing to the credit scores of consumers. Requires such agencies, upon consumer request for either a credit score or a risk score, to supply any such score in the consumer's file at the agency. Requires the agencies to maintain credit scores or other risk scores or predictors in the consumer's file for at least one year after the data is generated. Directs the CFPB to develop regulations establishing a mandatory format for consumer file disclosures.

Fair Access to Credit Scores Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Our Workers from Exploitation and Retaliation Act'' or the ``POWER Act''. SEC. 2. VICTIMS OF SERIOUS LABOR AND EMPLOYMENT VIOLATIONS OR CRIME. (a) Protection for Victims of Labor and Employment Violations.-- Section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) is amended-- (1) in clause (i)-- (A) by amending subclause (I) to read as follows: ``(I) the alien-- ``(aa) has suffered substantial abuse or harm as a result of having been a victim of criminal activity described in clause (iii); ``(bb) has suffered substantial abuse or harm related to a violation described in clause (iv); ``(cc) is a victim of criminal activity described in clause (iii) and would suffer extreme hardship upon removal; or ``(dd) has suffered a violation described in clause (iv) and would suffer extreme hardship upon removal;''; (B) in subclause (II), by inserting ``, or a labor or employment violation resulting in a workplace claim described in clause (iv)'' before the semicolon at the end; (C) in subclause (III)-- (i) by striking ``or State judge, to the Service'' and inserting ``, State, or local judge, to the Department of Homeland Security, to the Equal Employment Opportunity Commission, to the Department of Labor, to the National Labor Relations Board''; and (ii) by inserting ``, or investigating, prosecuting, or seeking civil remedies for a labor or employment violation related to a workplace claim described in clause (iv)'' before the semicolon at the end; and (D) in subclause (IV)-- (i) by inserting ``(aa)'' after ``(IV)''; and (ii) by adding at the end the following: ``or ``(bb) a workplace claim described in clause (iv) resulted from a labor or employment violation;''; (2) in clause (ii)(II), by striking ``and'' at the end; (3) in clause (iii), by striking ``or'' at the end and inserting ``and''; and (4) by adding at the end the following: ``(iv) in the labor or employment violation related to a workplace claim, the alien-- ``(I) has filed, is a material witness in, or is likely to be helpful in the investigation of, a bona fide workplace claim (as defined in section 274A(e)(10)(C)(iii)(II)); and ``(II) reasonably fears, has been threatened with, or has been the victim of, an action involving force, physical restraint, retaliation, or abuse of the immigration or other legal process against the alien or another person by the employer in relation to acts underlying the workplace claim or related to the filing of the workplace claim; or''. (b) Temporary Protection for Victims of Crime, Labor, and Employment Violations.--Notwithstanding any other provision of law, the Secretary of Homeland Security may permit an alien to temporarily remain in the United States and grant the alien employment authorization if the Secretary determines that the alien-- (1) has filed for relief under section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)); or (2)(A) has filed, or is a material witness to, a bona fide workplace claim (as defined in section 274A(e)(10)(B)(iii)(II) of such Act, as added by section 3(b)); and (B) has been helpful, is being helpful, or is likely to be helpful to-- (i) a Federal, State, or local law enforcement official; (ii) a Federal, State, or local prosecutor; (iii) a Federal, State, or local judge; (iv) the Department of Homeland Security; (v) the Equal Employment Opportunity Commission; (vi) the Department of Labor; (vii) the National Labor Relations Board; or (viii) other Federal, State, or local authorities investigating, prosecuting, or seeking civil remedies related to the workplace claim. (c) Conforming Amendments.--Section 214(p) of the Immigration and Nationality Act (8 U.S.C. 1184(p)) is amended-- (1) in paragraph (1), by inserting ``or investigating, prosecuting, or seeking civil remedies for workplace claims described in section 101(a)(15)(U)(iv)'' after ``section 101(a)(15)(U)(iii)'' each place such term appears; (2) in paragraph (2)(A), by striking ``10,000'' and inserting ``30,000''; and (3) in paragraph (6)-- (A) by inserting ``or workplace claims described in section 101(a)(15)(U)(iv)'' after ``described in section 101(a)(15)(U)(iii)''; and (B) by inserting ``or workplace claim'' after ``prosecution of such criminal activity''. (d) Adjustment of Status for Victims of Crimes.--Section 245(m)(1) of the Immigration and Nationality Act (8 U.S.C. 1255(m)(1)) is amended by inserting ``or an investigation or prosecution regarding a workplace claim'' after ``prosecution''. (e) Change of Nonimmigrant Classification.--Section 384(a)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(a)(1)) is amended-- (1) in subparagraph (E), by striking ``physical or mental abuse and the criminal activity'' and inserting ``abuse and the criminal activity or workplace claim''; (2) in subparagraph (F), by adding ``or'' at the end; and (3) by inserting after subparagraph (F) the following: ``(G) the alien's employer,''. SEC. 3. LABOR ENFORCEMENT ACTIONS. (a) Removal Proceedings.--Section 239(e) of the Immigration and Nationality Act (8 U.S.C. 1229(e)) is amended-- (1) in paragraph (1)-- (A) by striking ``In cases where'' and inserting ``If''; and (B) by inserting ``or as a result of information provided to the Department of Homeland Security in retaliation against individuals for exercising or attempting to exercise their employment rights or other legal rights'' after ``paragraph (2)''; and (2) in paragraph (2), by adding at the end the following: ``(C) At a facility about which a workplace claim has been filed or is contemporaneously filed.''. (b) Unlawful Employment of Aliens.--Section 274A(e) of the Immigration and Nationality Act (8 U.S.C. 1324a(e)) is amended by adding at the end the following: ``(10) Conduct in enforcement actions.-- ``(A) Enforcement action.--If the Department of Homeland Security undertakes an enforcement action at a facility about which a workplace claim has been filed or is contemporaneously filed, or as a result of information provided to the Department in retaliation against employees for exercising their rights related to a workplace claim, the Department shall ensure that-- ``(i) any aliens arrested or detained who are necessary for the investigation or prosecution of workplace claim violations or criminal activity (as described in subparagraph (T) or (U) of section 101(a)(15)) are not removed from the United States until after the Department-- ``(I) notifies the appropriate law enforcement agency with jurisdiction over such violations or criminal activity; and ``(II) provides such agency with the opportunity to interview such aliens; and ``(ii) no aliens entitled to a stay of removal or abeyance of removal proceedings under this section are removed. ``(B) Protections for victims of crime, labor, and employment violations.-- ``(i) Stay of removal or abeyance of removal proceedings.--An alien against whom removal proceedings have been initiated under chapter 4 of title II, who has filed a workplace claim, who is a material witness in any pending or anticipated proceeding involving a bona fide workplace claim, or who has filed for relief under section 101(a)(15)(U), shall be entitled to a stay of removal or an abeyance of removal proceedings and to employment authorization until the resolution of the workplace claim or the denial of relief under section 101(a)(15)(U) after exhaustion of administrative appeals, whichever is later, unless the Department establishes, by a preponderance of the evidence in proceedings before the immigration judge presiding over that alien's removal hearing, that-- ``(I) the alien has been convicted of a felony; or ``(II) the workplace claim was filed in bad faith with the intent to delay or avoid the alien's removal. ``(ii) Duration.--Any stay of removal or abeyance of removal proceedings and employment authorization issued pursuant to clause (i) shall remain valid until the resolution of the workplace claim or the denial of relief under section 101(a)(15)(U) after the exhaustion of administrative appeals, and shall be extended by the Secretary of Homeland Security for a period of not longer than 3 additional years upon determining that-- ``(I) such relief would enable the alien asserting a workplace claim to pursue the claim to resolution; ``(II) the deterrent goals of any statute underlying a workplace claim would be served; or ``(III) such extension would otherwise further the interests of justice. ``(iii) Definitions.--In this paragraph: ``(I) Material witness.-- Notwithstanding any other provision of law, the term `material witness' means an individual who presents a declaration from an attorney investigating, prosecuting, or defending the workplace claim or from the presiding officer overseeing the workplace claim attesting that, to the best of the declarant's knowledge and belief, reasonable cause exists to believe that the testimony of the individual will be relevant to the outcome of the workplace claim. ``(II) Workplace claim.--The term `workplace claim' means any written or oral claim, charge, complaint, or grievance filed with, communicated to, or submitted to the employer, a Federal, State, or local agency or court, or an employee representative related to the violation of applicable Federal, State, and local labor laws, including laws concerning wages and hours, labor relations, family and medical leave, occupational health and safety, civil rights, or nondiscrimination.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act.

Protect Our Workers from Exploitation and Retaliation Act or the POWER Act This bill amends the Immigration and Nationality Act to expand the nonimmigrant U-visa category (crime victims and their immediate family members) to include an alien who: has suffered substantial abuse or harm resulting from a workplace violation claim; is a victim of specified criminal activity or a workplace violation and would suffer extreme hardship upon removal; has been helpful in a workplace violation investigation; or has filed, is a material witness in, or is likely to be helpful in the investigation of, a workplace claim and reasonably fears, or has been the victim of, employer retaliation. An alien who is a material witness in a workplace claim and who has been helpful in a related law enforcement action may remain and work temporarily in the United States. In a Department of Homeland Security workplace enforcement action a detained alien: (1) who is necessary as a witness shall not be removed until the appropriate law enforcement agency is notified and has an opportunity to interview such individual, and (2) who is entitled to a stay or abeyance of removal shall not be removed. An alien in removal proceedings who is a witness in a workplace claim or who has filed for U-visa status shall be entitled to a stay or abeyance of removal and permitted to work until the claim's disposition unless the alien has been convicted of a felony or filed a bad faith claim.

Protect Our Workers from Exploitation and Retaliation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pay For Success Affordable Housing Energy Modernization Act of 2014''. SEC. 2. BUDGET-NEUTRAL DEMONSTRATION PROGRAM FOR ENERGY AND WATER CONSERVATION IMPROVEMENTS AT MULTIFAMILY RESIDENTIAL UNITS. (a) Establishment.--The Secretary of Housing and Urban Development (referred to in this section as the ``Secretary'') shall establish a demonstration program under which, during the period beginning on the date of enactment of this Act, and ending on September 30, 2017, the Secretary may enter into budget-neutral, performance-based agreements that result in a reduction in energy or water costs with such entities as the Secretary determines to be appropriate under which the entities shall carry out projects for energy or water conservation improvements at not more than 20,000 residential units in multifamily buildings participating in-- (1) the project-based rental assistance program under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), other than assistance provided under section 8(o) of that Act; (2) the supportive housing for the elderly program under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); or (3) the supportive housing for persons with disabilities program under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(d)(2)). (b) Requirements.-- (1) Payments contingent on savings.-- (A) In general.--The Secretary shall provide to an entity a payment under an agreement under this section only during applicable years for which an energy or water cost savings is achieved with respect to the applicable multifamily portfolio of properties, as determined by the Secretary, in accordance with subparagraph (B). (B) Payment methodology.-- (i) In general.--Each agreement under this section shall include a pay-for-success provision-- (I) that will serve as a payment threshold for the term of the agreement; and (II) pursuant to which the Department of Housing and Urban Development shall share a percentage of the savings at a level determined by the Secretary that is sufficient to cover the administrative costs of carrying out this section. (ii) Limitations.--A payment made by the Secretary under an agreement under this section shall-- (I) be contingent on documented utility savings; and (II) not exceed the utility savings achieved by the date of the payment, and not previously paid, as a result of the improvements made under the agreement. (C) Third-party verification.--Savings payments made by the Secretary under this section shall be based on a measurement and verification protocol that includes at least-- (i) establishment of a weather-normalized and occupancy-normalized utility consumption baseline established pre-retrofit; (ii) annual third-party confirmation of actual utility consumption and cost for owner- paid utilities; (iii) annual third-party validation of the tenant utility allowances in effect during the applicable year and vacancy rates for each unit type; and (iv) annual third-party determination of savings to the Secretary. (2) Term.--The term of an agreement under this section shall be not longer than 12 years. (3) Entity eligibility.--The Secretary shall-- (A) establish a competitive process for entering into agreements under this section; and (B) enter into such agreements only with entities that demonstrate significant experience relating to-- (i) financing and operating properties receiving assistance under a program described in subsection (a); (ii) oversight of energy and water conservation programs, including oversight of contractors; and (iii) raising capital for energy and water conservation improvements from charitable organizations or private investors. (4) Geographical diversity.--Each agreement entered into under this section shall provide for the inclusion of properties with the greatest feasible regional and State variance. (c) Plan and Reports.-- (1) Plan.--Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed plan for the implementation of this section. (2) Reports.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall-- (A) conduct an evaluation of the program under this section; and (B) submit to Congress a report describing each evaluation conducted under subparagraph (A). (d) Funding.--For each fiscal year during which an agreement under this section is in effect, the Secretary may use to carry out this section any funds appropriated to the Secretary for the renewal of contracts under a program described in subsection (a).

Pay For Success Affordable Housing Energy Modernization Act of 2014 - Directs the Secretary of Housing and Urban Development (HUD) to establish a demonstration program under which, between enactment of this Act and September 30, 2017, the Secretary may enter into budget-neutral, performance-based agreements (for up to 12 years each) that result in a reduction in energy or water costs with appropriate entities to carry out projects for energy or water conservation improvements at up to 20,000 residential units in multifamily buildings participating in: Section 8 project-based rental assistance programs under the United States Housing Act of 1937, other than Section 8 (voucher program) assistance; supportive housing for the elderly programs under the Housing Act of 1959; or supportive housing for persons with disabilities programs under the Cranston-Gonzalez National Affordable Housing Act. Specifies requirements for payment under an agreement, which shall be contingent on documented utility savings, as well as for eligibility, geographical diversity, and funding for the program. Requires the Secretary to submit to specified congressional committees a detailed plan for the implementation of this Act.

Pay For Success Affordable Housing Energy Modernization Act of 2014

SECTION 1. EXPANSION OF ELIGIBILITY FOR CONCURRENT RECEIPT OF MILITARY RETIRED PAY AND VETERANS' DISABILITY COMPENSATION TO INCLUDE ALL CHAPTER 61 DISABILITY RETIREES REGARDLESS OF DISABILITY RATING PERCENTAGE. (a) Phased Expansion Concurrent Receipt.--Subsection (a) of section 1414 of title 10, United States Code, is amended to read as follows: ``(a) Payment of Both Retired Pay and Disability Compensation.-- ``(1) Payment of both required.-- ``(A) In general.--Subject to subsection (b), a member or former member of the uniformed services who is entitled for any month to retired pay and who is also entitled for that month to veterans' disability compensation for a qualifying service-connected disability (in this section referred to as a `qualified retiree') is entitled to be paid both the retired pay and the veterans' disability compensation for that month without regard to sections 5304 and 5305 of title 38. ``(B) Applicability of full concurrent receipt phase-in requirement.--During the period beginning on January 1, 2004, and ending on December 31, 2013, payment of retired pay to a qualified retiree is subject to subsection (c). ``(C) Phase-in exception for 100 percent disabled retirees.--The payment of retired pay is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004, in the case of the following qualified retirees: ``(i) A qualified retiree receiving veterans' disability compensation for a disability rated as 100 percent. ``(ii) A qualified retiree receiving veterans' disability compensation at the rate payable for a 100 percent disability by reason of a determination of individual unemployability. ``(D) Phase-in exception for certain chapter 61 disability retirees.--Subject to subsection (b), on and after January 1, 2011, subsection (c) shall not apply to a qualified retiree who has a qualifying service- connected disability described in subparagraph (B) or (C) of paragraph (2). ``(2) Qualifying service-connected disability defined.--In this section, the term `qualifying service-connected disability', with respect to a qualified retiree, means the following: ``(A) In the case of a qualified retiree receiving retired pay under any provision of law other than chapter 61 of this title, or under chapter 61 with 20 years or more of service otherwise creditable under section 1405 or computed under section 12732 of this title, a service-connected disability or combination of service-connected disabilities that is rated as disabling by the Secretary of Veterans Affairs. ``(B) In the case of a qualified retiree receiving retired pay under chapter 61 of this title with less than 20 years of service otherwise creditable under section 1405 or computed under section 12732 of this title, a service-connected disability or combination of service-connected disabilities that is rated by the Secretary of Veterans Affairs at the disabling level specified in one of the following clauses (and is effective on or after the date specified in the applicable clause): ``(i) January 1, 2011, rated 100 percent, or a rate payable at 100 percent by reason of individual unemployability or rated 90 percent. ``(ii) January 1, 2012, rated 80 percent or 70 percent. ``(iii) January 1, 2013, rated 60 percent or 50 percent. ``(C) In the case of a qualified retiree receiving retired pay under chapter 61 regardless of years of service, a service-connected disability or combination of service-connected disabilities that is rated by the Secretary of Veterans Affairs at the disabling level specified in one of the following clauses (and is effective on or after the date specified in the applicable clause): ``(i) January 1, 2014, rated 40 percent or 30 percent. ``(ii) January 1, 2015, any rating.''. (b) Conforming Amendment to Special Rules for Chapter 61 Disability Retirees.--Subsection (b) of such section is amended to read as follows: ``(b) Special Rules for Chapter 61 Disability Retirees..-- ``(1) Career retirees.--The retired pay of a member retired under chapter 61 of this title with 20 years or more of service otherwise creditable under section 1405 of this title, or at least 20 years of service computed under section 12732 of this title, at the time of the member's retirement, is subject to reduction under sections 5304 and 5305 of title 38, but only to the extent that the amount of the member's retired pay under chapter 61 of this title exceeds the amount of retired pay to which the member would have been entitled under any other provision of law based upon the member's service in the uniformed services if the member had not been retired under chapter 61 of this title. ``(2) Special rule for retirees with fewer than 20 years of service.--The retired pay of a member retired under chapter 61 of this title with fewer than 20 years of creditable service otherwise creditable under section 1405 or computed under section 12732 of this title, at the time of the member's retirement, is subject to reduction under sections 5304 and 5305 of title 38, but only to the extent that the amount of the member's retired pay under chapter 61 of this title exceeds the amount equal to 2\1/2\ percent of the member's years of creditable service multiplied by the member's retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.''. (c) Full Concurrent Receipt Phase-In.--Subsection (c) of such section is amended-- (1) by striking ``the second sentence of'' in the matter preceding paragraph (1); and (2) in paragraph (1), by adding at the end the following new subparagraph: ``(G) For a month for which the retiree receives veterans' disability compensation for a disability rated as 40 percent or less or has a service-connected disability rated as zero percent, $0.''. (d) Clerical Amendments.-- (1) Section heading.--The heading of such section is amended to read as follows: ``Sec. 1414. Concurrent receipt of retired pay and veterans' disability compensation''. (2) Table of sections.--The table of sections at the beginning of chapter 71 of such title is amended by striking the item related to section 1414 and inserting the following new item: ``1414. Concurrent receipt of retired pay and veterans' disability compensation.''. (e) Effective Date.--The amendments made by this section shall take effect on January 1, 2011. (f) Funding Offset.--The Chairman of the Committee on the Budget of the House of Representatives shall provide the necessary adjustments in allocations, aggregates, and other appropriate levels in the concurrent resolution on the budget for fiscal year 2011 to implement this section and the amendments made by this section.

Extends through 2013 eligibility for the concurrent receipt of military retired pay and veterans' disability compensation for veterans who were retired or separated due to physical disability, regardless of their disability rating or years of service.

To amend title 10, United States Code, to expand the eligibility for concurrent receipt of military retired pay and veterans' disability compensation to include all members of the uniformed services who are retired under chapter 61 of such title for disability, regardless of the members' disability rating percentage.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combined Sewer Overflow Control and Partnership Act of 1999''. SEC. 2. COMBINED SEWER OVERFLOWS. Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: ``(q) Combined Sewer Overflows.-- ``(1) Requirement for permits, orders, and decrees.--Each permit, order, or decree issued under this Act for a discharge from a combined storm and sanitary sewer shall conform to the Combined Sewer Overflow Control Policy signed by the Administrator on April 11, 1994. ``(2) Term of permit, order, or decree.-- ``(A) Authority to issue.--Notwithstanding any schedule for compliance authorized by section 301(b), or any permit limitation authorized by subsection (b)(1)(B) of this section, the Administrator or the State (in the case of a State with a program approved under subsection (b)) may issue or execute a permit, order, or decree consistent with this section for a discharge from a combined storm and sanitary sewer. ``(B) Schedule for compliance.-- ``(i) In general.--A permit, order, or decree issued under subparagraph (A) shall include a schedule for compliance, within a period not to exceed 15 years, with a long-term control plan under the Control Policy referred to in paragraph (1). ``(ii) Exception.--Notwithstanding clause (i), a compliance schedule of longer than 15 years may be granted if the owner or operator demonstrates to the satisfaction of the Administrator or the State, as appropriate, reasonable further progress towards compliance with a long-term plan under the Control Policy and if the Administrator or the State, as appropriate, determines that-- ``(I) compliance within 15 years is not within the economic capability of the owner or operator; or ``(II) a longer period is otherwise appropriate. ``(3) Water quality standards-designated use review.-- ``(A) In general.--No permit, order, or decree issued under this Act should require compliance with water quality-based requirements contained in a long- term control plan under the Control Policy referred to in paragraph (1) unless the Administrator or the State, as appropriate, has completed the water quality standards-designated use review process called for in the Control Policy, including the adoption of any refinements needed-- ``(i) to reflect the site-specific wet weather impact of combined sewer overflows; and ``(ii) to ensure that the long-term control plan provides for cost-effective compliance with water quality standards. ``(B) Inclusion of watershed.--Consideration shall be given to conducting these reviews on a watershed basis where appropriate. ``(C) Savings provision.--Nothing in this subsection affects the authority to conduct or scheduling of water quality standard reviews required under section 303(c). ``(4) Guidance.--Not later than March 15, 2000, the Administrator shall develop and publish for implementation by the States and by regions of the Environmental Protection Agency, the guidance document recommended by H. Rept. No. 105- 769 at 280 (1998) (conference report on H.R. 4194), to facilitate water quality and designated use reviews. ``(5) Grants.-- ``(A) In general.--The Administrator may make grants to any municipality or municipal entity for planning, design, and construction of facilities to intercept, transport, control, or treat combined storm and sanitary sewer flows. ``(B) Federal share.-- ``(i) In general.--The Federal share of the cost of activities carried out using amounts from a grant made under subparagraph (A) shall be at least 55 percent of the cost as determined by the Administrator. ``(ii) Non-federal share.--The non-Federal share of the cost may include, in any amount, public and private funds and in-kind services. ``(C) Reports.--Not later than January 1, 2004, and once every 2 years thereafter, the Administrator shall submit to Congress a report containing recommended funding levels for the 2 fiscal years following the date of the report for activities relating to combined storm and sanitary sewer flows described in subparagraph (A). ``(D) Authorization of appropriations.--There are authorized to be appropriated to carry out this paragraph, to remain available until expended-- ``(i) $500,000,000 for fiscal year 2000; ``(ii) $750,000,000 for fiscal year 2001; and ``(iii) $1,000,000,000 for each of fiscal years 2002 through 2004.''.

Combined Sewer Overflow Control and Partnership Act of 1999 - Amends the Federal Water Pollution Control Act to require each permit, order, or decree issued under such Act for a discharge from a combined storm and sanitary sewer to conform to the Combined Sewer Overflow Control Policy signed by the Administrator of the Environmental Protection Agency on April 11, 1994. Authorizes the Administrator, notwithstanding specified compliance schedules and permit limitations, to issue or execute a permit, order, or decree for discharges from such sewers that includes a schedule for compliance with a long-term control plan for a term of up to 15 years. Provides for extensions of such term, as appropriate. Declares that no permit, order, or decree issued under the Act should require compliance with water quality based requirements contained in a long-term control plan under the Control Policy unless the Administrator has completed the water quality standards-designated use review process called for in the Control Policy. Authorizes the Administrator to make grants to municipalities for planning, design, and construction of facilities to intercept, transport, control, or treat combined storm and sanitary sewer flows. Directs the Administrator to report biennially to Congress on recommended funding levels for the two fiscal years following the date of a report on activities relating to combined storm and sanitary sewer flows. Authorizes appropriations for FY 2000 through 2004.

Combined Sewer Overflow Control and Partnership Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Nuclear Programs Agency Organization Act''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. Sec. 4. Establishment and organization of Defense Nuclear Programs Agency. Sec. 5. Functions of Defense Nuclear Programs Agency. Sec. 6. Transfers of functions. Sec. 7. Limitation on transfers of funds. Sec. 8. Transition provisions. Sec. 9. Savings provisions. Sec. 10. Technical and conforming amendments. Sec. 11. Effective date and transition period. SEC. 3. DEFINITIONS. In this Act: (1) The term ``defense nuclear programs matters'' means matters related to the military use of nuclear energy and nuclear weapons, including all such matters that were under the jurisdiction of the following entities on the day before the date of the enactment of this Act: (A) The Department of Energy. (B) The Defense Nuclear Agency of the Department of Defense. (C) The Strategic Systems Programs of the Department of the Navy. (D) The Defense Nuclear Facilities Safety Board. (2) The term ``Administrator'' means the Administrator of the Defense Nuclear Programs Agency. (3) The term ``Agency'' means the Defense Nuclear Programs Agency. SEC. 4. ESTABLISHMENT AND ORGANIZATION OF DEFENSE NUCLEAR PROGRAMS AGENCY. (a) Establishment of Defense Nuclear Programs Agency.--There is established an agency to be known as the Defense Nuclear Programs Agency. (b) Administrator.--The Agency shall be headed by an Administrator, who shall serve as the principal adviser to the President and the Secretary of Defense on defense nuclear programs matters. In carrying out his duties under this Act, the Administrator shall, under the direction of the Secretary of Defense, have primary responsibility within the Government for defense nuclear programs matters. The Administrator shall be appointed by the President, by and with the advice and consent of the Senate. A commissioned officer of the Armed Forces serving on active duty may not be appointed Administrator. The Administrator shall be compensated at the rate provided for level II of the Executive Schedule under section 5313 of title 5, United States Code. (c) Deputy Administrator.--A Deputy Administrator of the Agency shall be appointed by the President, by and with the advice and consent of the Senate. The Deputy Administrator shall perform such duties and exercise such powers as the Administrator may prescribe. The Deputy Administrator shall act for, and exercise the powers of, the Administrator during the Administrator's absence or disability or during a vacancy in such office. A commissioned officer of the Armed Forces serving on active duty may not be appointed Deputy Administrator. The Deputy Administrator shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code. (d) Assistant Administrators.--(1) Four Assistant Administrators of the Agency shall be appointed by the President, by and with the advice and consent of the Senate. They shall perform such duties and exercise such powers as the Administrator may prescribe. (2) One of the Assistant Administrators shall have as his principal duty the overall supervision of environmental restoration of defense nuclear weapons facilities. (3) One of the Assistant Administrators shall have as his principal duty the overall supervision of the oversight of the defense and nondefense functions and budgets of the Sandia National Laboratories, the Los Alamos National Laboratory, and the Lawrence Livermore National Laboratory. (4) Each Assistant Administrator shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (e) Inspector General.--There shall be an Inspector General of the Agency, who shall be appointed as provided in section 3 of the Inspector General Act of 1978 (5 U.S.C. App. 3). The Inspector General shall perform the duties, have the responsibilities, and exercise the powers specified in the Inspector General Act of 1978 (5 U.S.C. App. 3). (f) General Counsel.--There shall be a General Counsel of the Agency, who shall be appointed by the Administrator. The General Counsel shall be the chief legal officer for all legal matters arising from the conduct of the functions of the Agency. The General Counsel shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. SEC. 5. FUNCTIONS OF DEFENSE NUCLEAR PROGRAMS AGENCY. (a) In General.--The Administrator shall be responsible for the exercise of all powers and the discharge of all duties of the Agency. (b) Transferred Functions.--The Administrator shall carry out all functions transferred to the Administrator pursuant to section 6. (c) Staff Director of Nuclear Weapons Council.--Paragraph (2) of section 179(c) of title 10, United States Code, is amended to read as follows: ``(2) The Administrator of the Defense Nuclear Programs Agency shall be the Staff Director of the Council.''. SEC. 6. TRANSFERS OF FUNCTIONS. (a) Department of Energy.--(1) There are hereby transferred to the Administrator all functions performed by the Department of Energy on the day before the date of the enactment of this Act relating to the national security functions of the Department, including defense, nonproliferation, and defense-related environmental management programs. (2) There are hereby transferred to the Administrator all functions performed by the Department of Energy on the day before the date of the enactment of this Act relating to the oversight of the defense and nondefense functions and budgets of the following laboratories: (A) Sandia National Laboratories, Albuquerque, New Mexico, and Livermore, California. (B) Los Alamos National Laboratory, Los Alamos, New Mexico. (C) Lawrence Livermore National Laboratory, California. (b) Defense Nuclear Agency.--There are hereby transferred to the Administrator all functions performed by the Defense Nuclear Agency of the Department of Defense on the day before the date of the enactment of this Act. (c) Department of the Navy.--There are hereby transferred to the Administrator all functions performed by the Department of the Navy on the day before the date of the enactment of this Act relating to its Strategic Systems Programs. (d) Defense Nuclear Facilities Safety Board.--There are hereby transferred to the Administrator all functions performed by the Defense Nuclear Facilities Safety Board on the day before the date of the enactment of this Act. (e) Other Nuclear Weapons-Related Functions.--The Secretary of Defense may transfer to the Administrator such other functions performed in the Department of Defense on the day before the date of the enactment of this Act relating to nuclear weapons as the Secretary considers appropriate. (f) Conforming Repeals.-- (1) Assistant to the secretary of defense for atomic energy.--Section 141 of title 10, United States Code, is hereby repealed. The table of sections at the beginning of chapter 4 of such title is amended by striking out the item relating to such section. (2) Defense nuclear facilities safety board.--Chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286) is hereby repealed. (3) References.--Any reference to the Assistant Secretary of Defense for Atomic Energy or the Defense Nuclear Facilities Safety Board in any provision of law or in any rule, regulation, or other paper of the United States shall be treated as referring to the Administrator. SEC. 7. LIMITATION ON TRANSFERS OF FUNDS. No amount appropriated to the Agency may be transferred to any other account (other than another account of the Agency) unless the transfer of such amount to such account is specifically authorized by law. No amount appropriated to the Department of Defense or another department or agency may be transferred to the Administrator or to an account for the Agency unless the transfer of such amount to such account is specifically authorized by law. SEC. 8. TRANSITION PROVISIONS. (a) Exercise of Authorities.--Except as otherwise provided by law, the Administrator may, for purposes of performing a function that is transferred to the Administrator by this Act, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of that function on the day before the date of the enactment of this Act. (b) Authorities To Wind Up Affairs.-- (1) In general.--(A) The Director of the Office of Management and Budget may take such actions as the Director considers necessary to wind up any outstanding affairs of the Department of Energy associated with the functions that are transferred pursuant to section 6(a). (B) The Secretary of Defense may take such actions as the Secretary considers necessary to wind up any outstanding affairs of the Defense Nuclear Agency associated with the functions that are transferred pursuant to section 6(b), any outstanding affairs of the Department of Defense associated with any functions that may be transferred pursuant to section 6(d), and any outstanding affairs of the Assistant to the Secretary of Defense for Atomic Energy. (C) The Secretary of the Navy may take such actions as the Secretary considers necessary to wind up any outstanding affairs of the Strategic Systems Programs of the Department of the Navy associated with the functions that are transferred pursuant to section 6(c). (D) The Director of the Office of Management and Budget may take such actions as the Director considers necessary to wind up any outstanding affairs of the Defense Nuclear Facilities Safety Board. (2) Transfer of assets.--So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred to the Administrator by this Act are transferred to the Administrator for use in connection with the functions transferred. (3) Further measures and dispositions.--Such further measures and dispositions as the President considers necessary to effectuate the transfers referred to in subsection (b) shall be carried out in such manner as the President directs and by the heads of such agencies as the President designates. SEC. 9. SAVINGS PROVISIONS. (a) Continuing Effect of Legal Documents.--All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions-- (1) which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this Act, and (2) which are in effect at the time this Act takes effect, or were final before the effective date of this Act and are to become effective on or after the effective date of this Act, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Attorney General or other authorized official, a court of competent jurisdiction, or by operation of law. (b) Proceedings Not Affected.--The provisions of this Act shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending at the time this Act takes effect, with respect to functions transferred by this Act but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (c) Suits Not Affected.--The provisions of this Act shall not affect suits commenced before the effective date of this Act, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (d) Nonabatement of Actions.--No suit, action, or other proceeding commenced by or against a department or agency, functions of which are transferred by this Act, or by or against any individual in the official capacity of such individual as an officer of a department or agency, functions of which are transferred by this Act, shall abate by reason of the enactment of this Act. SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS. (a) Inspector General Act of 1978.--Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in paragraph (1), by inserting after ``International Development,'' the following: ``the Defense Nuclear Programs Agency,''; and (2) in paragraph (2), by striking out ``or the Social Security Administration;'' and inserting in lieu thereof ``the Social Security Administration, or the Defense Nuclear Programs Agency;''. (b) Executive Schedule.--(1) Section 5313 of title 5, United States Code, is amended by adding at the end the following: ``Administrator, Defense Nuclear Programs Agency.''. (2) Section 5314 of title 5, United States Code, is amended by adding at the end the following: ``Deputy Administrator, Defense Nuclear Programs Agency.''. (3) Section 5315 of title 5, United States Code, is amended by adding at the end the following: ``Assistant Administrators, Defense Nuclear Programs Agency (4). ``Inspector General, Defense Nuclear Programs Agency.''. (4) Section 5316 of title 5, United States Code, is amended by adding at the end the following: ``General Counsel, Defense Nuclear Programs Agency.''. SEC. 11. EFFECTIVE DATE AND TRANSITION PERIOD. (a) Effective Date.--Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act. (b) Delayed Effective Date for Establishment of Agency and Transfers of Functions.--Section 4(a) and section 6 of this Act shall take effect one year after the date of the enactment of this Act. (c) Transition Period.--The Secretary of Defense, the Secretary of Energy, the Assistant to the Secretary of Defense for Atomic Energy, and the Defense Nuclear Facilities Safety Board shall, beginning as soon as practicable after the date of the enactment of this Act, plan for the orderly establishment of, and transfer of functions to, the Agency pursuant to this Act. (d) Appointment Authority.--The President may make appointments under section 2 notwithstanding the delayed effective date under subsection (b) for the establishment of the Agency.

Defense Nuclear Programs Agency Organization Act - Establishes the Defense Nuclear Programs Agency, headed by an Administrator, who shall serve as the principal adviser to the President and the Secretary of Defense on all defense nuclear programs matters. Requires the appointment by the President of a Deputy Agency Administrator, as well as four Assistant Administrators, an Inspector General, and a General Counsel of the Agency. Requires the Administrator to be the Staff Director of the Nuclear Weapons Council. Transfers to the Administrator specified functions currently held by the Department of Energy, the Department of Defense, and the Defense Nuclear Facilities Safety Board (Board) with respect to national security functions, as well as the oversight of defense and nondefense functions and budgets of specified national laboratories. (Sec. 7) Prohibits the transfer to another account of amounts appropriated to the Agency unless specifically authorized by law. Provides transition and savings provisions. (Sec. 11) Provides effective dates for specified provisions of this Act. Requires the Secretaries of Defense and Energy, the Assistant Secretary of Defense for Atomic Energy, and the Board to plan for the orderly establishment of, and transfer of functions to, the Agency.

Defense Nuclear Programs Agency Organization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marijuana Effective Drug Studies Act of 2016'' or the ``MEDS Act''. SEC. 2. MARIJUANA RESEARCH. (a) In General.--Section 303(f) of the Controlled Substances Act (21 U.S.C. 823(f)) is amended-- (1) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively; (2) by striking ``(f) The Attorney General'' and inserting ``(f)(1) The Attorney General''; (3) by striking ``Registration applications'' and inserting the following: ``(2) Registration applications''; (4) in paragraph (2), as so designated, by striking ``schedule I'' each place that term appears and inserting ``schedule I, except marijuana,''; (5) by striking ``Article 7'' and inserting the following: ``(4) Article 7''; and (6) by inserting before paragraph (4), as so designated, the following: ``(3)(A) The Attorney General shall register a practitioner to conduct research with marijuana if-- ``(i) the applicant is authorized to dispense, or conduct research with respect to, controlled substances in schedules II, III, IV, and V under the laws of the State in which the applicant practices; ``(ii) the applicant's research protocol-- ``(I) has been reviewed and allowed by-- ``(aa) the Secretary under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)); or ``(bb) the National Institutes of Health or another Federal agency that funds scientific research; or ``(II) in the case of nonhuman research that is not federally funded, has been voluntarily submitted by the applicant to, and approved by, the National Institutes of Health; and ``(iii) the applicant has demonstrated that there are effective procedures in place to adequately safeguard against diversion of the marijuana from legitimate medical or scientific use, in accordance with subparagraph (E). ``(B) The Attorney General shall grant an application for registration under this paragraph unless the Attorney General determines that the issuance of the registration would be inconsistent with the public interest. In determining the public interest, the following factors shall be considered: ``(i) The applicant's experience in dispensing, or conducting research with respect to, controlled substances. ``(ii) The applicant's conviction record under Federal or State laws relating to the manufacture, distribution, or dispensing of controlled substances. ``(iii) Compliance with applicable State, Federal, or local laws relating to controlled substances. ``(iv) Such other conduct by the applicant that may threaten the public health and safety. ``(C) Not later than 90 days after the date of enactment of this paragraph, for purposes of subparagraph (A)(ii)(II), the National Institutes of Health shall establish a process that-- ``(i) allows a researcher to voluntarily submit the research protocol of the researcher for review and approval; and ``(ii) provides a researcher described in clause (i) with a decision not later than 30 days after the date on which the research protocol is submitted. ``(D)(i) Not later than 60 days after the date on which the Attorney General receives a complete application for registration under this paragraph, the Attorney General shall-- ``(I) approve the application; or ``(II) serve an order to show cause upon the applicant in accordance with section 304(c). ``(ii) For purposes of clause (i), an application shall be deemed complete when the applicant has submitted documentation showing that the requirements under subparagraph (A) are satisfied. ``(E)(i) A researcher registered under this paragraph shall store marijuana to be used in research in a securely locked, substantially constructed cabinet. ``(ii) Any other security measures required by the Attorney General under this paragraph to safeguard against diversion shall be consistent with those required for practitioners conducting research on other controlled substances in schedules I and II that have a similar risk of diversion and abuse. ``(F)(i) If the Attorney General grants an application for registration under this paragraph, the applicant may amend or supplement the research protocol without reapplying if the applicant does not-- ``(I) change the type of drug, the source of the drug, or the conditions under which the drug is stored, tracked, or administered; or ``(II) otherwise increase the risk of diversion. ``(ii) If an applicant amends or supplements the research protocol under clause (i), the applicant shall, in order to renew the registration under this paragraph, provide notice to the Attorney General of the amended or supplemented research protocol in the applicant's renewal materials. ``(iii)(I) If an applicant amends or supplements the research protocol in a manner that involves a change to the type of drug, the source of the drug, or conditions under which the drug is stored, tracked, or administered or otherwise increases the risk of diversion, the applicant shall provide notice to the Attorney General not later than 30 days before proceeding on such amended or supplemental research protocol. ``(II) If the Attorney General does not object during the 30-day period following a notification under subclause (I), the applicant may proceed with the amended or supplemental research protocol. ``(iv) The Attorney General may object to an amended or supplemental research protocol under clause (i) or (iii) if additional security measures are needed to safeguard against diversion or abuse. ``(G) Article 28 of the Single Convention on Narcotic Drugs shall not be construed to prohibit, or impose additional restrictions upon, research involving marijuana that is conducted in accordance with this paragraph and other applicable provisions of this title. ``(H) If marijuana or a compound of marijuana is listed on a schedule other than schedule I-- ``(i) the provisions of this subsection that apply to research with a controlled substance in the applicable schedule shall apply to research with marijuana or that compound, as applicable; and ``(ii) subparagraphs (A) through (G) of this paragraph shall not apply to research with marijuana or that compound, as applicable.''. (b) Conforming Amendment.--Section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16)) is amended by inserting ``or `marijuana''' after ``The term `marihuana'''. SEC. 3. MANUFACTURING OF MARIJUANA FOR CLINICAL USE. Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following: ``(j) Registration of Persons To Manufacture and Distribute Marijuana.-- ``(1) Manufacture and distribution for use in research.-- The Attorney General shall register an applicant to manufacture or distribute marijuana on behalf of the Federal Government to the extent that the marijuana is intended to be used exclusively for legitimate research and scientific uses, in accordance with the applicable requirements under subsection (a) or (b) of this section for registration of manufacturers or distributors of controlled substances in schedule I or II. ``(2) Manufacture and distribution for commercial production of fda-approved drugs.--The Attorney General shall register an applicant to manufacture or distribute marijuana on behalf of the Federal Government exclusively for the purpose of commercial production of a drug containing or derived from marijuana that is approved by the Secretary under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), in accordance with the applicable requirements under subsection (a) or (b) of this section for registration of manufacturers or distributors of controlled substances in schedule I or II. ``(3) No limit on number of manufacturers and distributors.--The Attorney General shall not impose a limit on the number of applicants eligible to be registered under paragraph (1) or (2). ``(4) Timing.--Not later than 30 days after the date on which the Attorney General receives an application for registration under paragraph (1) or (2), the Attorney General shall-- ``(A) grant the application; or ``(B) serve an order to show cause upon the applicant in accordance with section 304(c). ``(5) Determination of supply.--In considering the factors under subsection (a) or (b), as applicable, for the purposes of registering an applicant eligible under paragraph (1) or (2) of this subsection, the Attorney General shall consider the demand from researchers for an adequate and uninterrupted supply of specific strains of marijuana and for marijuana grown pursuant to specific manufacturing processes. ``(6) Relation to the single convention on narcotic drugs.-- ``(A) Constructive possession and control.--The registration of manufacturers and distributors of marijuana under paragraphs (1) and (2) shall constitute constructive possession and control by the Federal Government for the purposes of the obligations under the Single Convention on Narcotic Drugs. ``(B) Article 28.--Article 28 of the Single Convention on Narcotic Drugs shall not be construed to prohibit, or impose additional restrictions upon, the manufacturing of marijuana that is conducted in accordance with paragraph (1) or (2), as applicable, and other applicable provisions of this title.''. SEC. 4. GOOD MANUFACTURING PRACTICES. Not later than 180 days after the date of enactment of this Act, the National Institute for Drug Abuse shall develop and publish recommendations for good manufacturing practices for growing and producing marijuana (as defined in section 102 of the Controlled Substance Act (21 U.S.C. 802), as amended by this Act) for research. SEC. 5. QUOTAS. Section 306(e) of the Controlled Substances Act (21 U.S.C. 826(e)) is amended in the third sentence by striking ``exceeds the aggregate of the quotas of all registrants under this section'' and inserting ``should be increased to meet the changing medical, scientific, and industrial needs for the controlled substance''. SEC. 6. TERMINATION OF INTERDISCIPLINARY REVIEW PROCESS FOR NON-NIH- FUNDED RESEARCHERS. The Secretary of Health and Human Services may not-- (1) reinstate the Public Health Service interdisciplinary review process described in the guidance entitled ``Guidance on Procedures for the Provision of Marijuana for Medical Research'' (issued on May 21, 1999); or (2) create an additional review of scientific protocols that is conducted only for research on marijuana (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), as amended by section 2(b)) other than the review of research protocols performed at the request of a researcher conducting nonhuman research that is not federally funded, in accordance with section 303(f)(3)(A)(ii)(II) of the Controlled Substances Act (21 U.S.C. 823(f)(3)(A)(ii)(II)), as amended by section 2(a).

Marijuana Effective Drug Studies Act of 2016 or the MEDS Act This bill amends the Controlled Substances Act to: establish, with respect to marijuana research, a new federal registration process that is separate from the process for research involving other schedule I drugs; establish a process for registering persons to manufacture or distribute marijuana for purposes of either research or the commercial production of certain approved drugs containing or derived from marijuana; and modify other requirements related to marijuana research and production.

MEDS Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Paul Laurence Dunbar Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) Paul Laurence Dunbar was one of the first influential African-American poets in American literature, writing such classics as ``Majors and Minors'' and ``Lyrics of Lowly Life'', and composing the lyrics to ``In Dahomey'', the first all- African-American musical produced on Broadway; (2) Paul Laurence Dunbar was born June 27, 1872, to freed slaves Joshua and Matilda Murphy Dunbar; (3) Paul Laurence Dunbar first published a series of poems at age 14 in the Dayton Herald; (4) in 1893, Paul Laurence Dunbar published a series of poems in a work entitled ``Oak and Ivy''; (5) by the late 1890s, Paul Laurence Dunbar had become a prominent author, having had his poems published in such major national newspapers and magazines as The New York Times; (6) over his career, Paul Laurence Dunbar went on to publish more collections of poems, short stories, and novels; (7) Paul Laurence Dunbar died on February 9, 1906, at 33 years of age; (8) Paul Laurence Dunbar Senior High School (hereafter referred to as Dunbar High School) was established in the District of Columbia in 1870 as the Preparatory High School for Colored Youth, and was the first public high school for African-American students in the country; (9) the Preparatory High School for Colored Youth was renamed in 1916 in honor of Paul Laurence Dunbar; (10) the Dunbar Alumni Federation (hereafter in this Act referred to as the ``Federation'') was organized in 2002 to provide scholarships and other financial support to students and graduates of Dunbar High School; (11) the Federation promotes and supports scholarship efforts, along with school and community activities; (12) the Federation leverages the prestige of Dunbar High School and its distinguished alumni to enhance the education of Dunbar High School students; (13) the Federation promotes Dunbar High School alumni from more than 35 years of graduating classes through their scholarship efforts, community activities, and other endeavors to support Dunbar High School; (14) the Federation helps finance such student development activities as the Debate Team, the Band, the Ski Team, the Junior Reserve Officer Training Corps, and athletics; (15) the Federation funds faculty, staff, and parent appreciation and development activities; and (16) the Federation collects and assembles artifacts and memorabilia from alumni for historical and legacy displays to chronicle Dunbar High School's rich history. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In recognition and celebration of Paul Laurence Dunbar, 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 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain not less than 90 percent gold. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) In General.--The design for the coins minted under this Act shall be emblematic of Paul Laurence Dunbar. (b) Designations and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the denomination of the coin; (2) an inscription of the year ``2019''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with-- (A) the Commission of Fine Arts; and (B) the Federation; and (2) reviewed by the Citizens Commemorative Coin 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) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2019. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price based upon 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 minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half-dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Federation. (c) Exemption to Commemorative Coin Program Limitations.--This Act shall-- (1) not be subject to section 5112(m)(1) of title 31, United States Code; and (2) not be a ``commemorative coin program'' for purposes of such section. (d) Audit.--The recipient described under subsection (b) shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to the recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

Paul Laurence Dunbar Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue $5 gold coins, $1 silver coins, and half-dollar clad coins in recognition and celebration of Paul Laurence Dunbar, one of the first influential African-American poets in American literature and the composer of the lyrics to In Dahomey, the first all African-American musical produced on Broadway. All surcharges received from sales of such coins shall be paid to the Dunbar Alumni Federation.

Paul Laurence Dunbar Commemorative Coin Act

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Safe Motherhood Monitoring and Prevention Research Act of 1999''. (b) Findings.--The Congress finds as follows: (1) The total maternal mortality has not declined in the United States since 1982. (2) The four-fold increase in risk of maternal death among black women compared to white women is one of the largest racial disparities among the public health indicators. (3) United States vital statistics data indicate that between 1987 and 1996 at least 3,086 women died as a consequence of pregnancy or its complications in the United States. (4) Misclassification on death certificates causes these data to underestimate maternal mortality, and the true number of maternal deaths is estimated to be 1.3 to 3 times higher than that reported in vital statistics records, indicating a need for improved surveillance and public monitoring of this outcome. (5) Early diagnosis and effective treatment of pregnancy complications are critical to reduce maternal mortality. (6) Underserved populations many times live in socioeconomic conditions that lack the support systems and financial resources necessary to ensure quality health care for expectant mothers and infant newborns. (7) By investing in public health surveillance and prevention research to monitor and identify causes of maternal mortality and in maternal health programs to promote maternal health, the risk of maternal mortality and morbidity can be reduced in the United States. SEC. 2. AMENDMENT TO PUBLIC HEALTH SERVICE ACT. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART Q--SAFE MOTHERHOOD PROMOTION ``SEC. 399L. SAFE MOTHERHOOD MONITORING. ``(a) Purpose.--It is the purpose of this section to develop monitoring systems at the local, State, and national level to better understand the burden of maternal complications and mortality and to decrease the disparities among population at risk of death and complications from pregnancy. ``(b) Activities.--For the purpose described in subsection (a), the Secretary may carry out the following activities: ``(1) The Secretary, acting through the Centers for Disease Control and Prevention, may establish and implement a national monitoring and surveillance program to identify and promote the investigation of deaths and severe complications that occur during pregnancy. ``(2) The Secretary, acting through the Centers for Disease Control and Prevention, may expand the Pregnancy Risk Assessment Monitoring System to provide surveillance and collect data in each of the 50 States. ``(3) The Secretary, acting through the Centers for Disease Control and Prevention, may expand the Maternal and Child Health Epidemiology Program to provide technical support, financial assistance, or the time-limited assignment of senior epidemiologists to maternal and child health programs in each of the 50 States. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary for each fiscal year (beginning with fiscal year 2000).''. ``SEC. 399M. PREVENTION RESEARCH TO ENSURE SAFE MOTHERHOOD. ``(a) Purpose.--It is the purpose of this section to provide the Centers for Disease Control and Prevention with the authority to further expand research concerning risk factors, prevention strategies, and the roles of the family, health care providers and the community in safe motherhood. ``(b) Research.--The Secretary, acting through the Centers for Disease Control and Prevention, may carry out activities to expand research relating to-- ``(1) encouraging preconception counseling, especially for at risk populations such as diabetics; ``(2) the identification of critical components of prenatal delivery and postpartum care; ``(3) the identification of outreach and support services, such as folic acid education, that are available for pregnant women; ``(4) the identification of women who are at high risk for complications; ``(5) preventing preterm delivery; ``(6) preventing urinary tract infections; ``(7) preventing unnecessary caesarean sections; ``(8) an examination of the higher rates of maternal mortality among African American women; ``(9) an examination of the relationship between domestic violence and maternal complications and mortality; ``(10) preventing smoking, alcohol and illegal drug usage before, during and after pregnancy; ``(11) preventing infections that cause maternal and infant complications; and ``(12) other areas determined appropriate by the Secretary. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be appropriate for each fiscal year (beginning with fiscal year 2000). ``SEC. 399N. PREVENTION PROGRAMS TO ENSURE SAFE MOTHERHOOD. ``(a) In General.--The Secretary, acting through the Centers for Disease Control and Prevention may carry out activities to promote safe motherhood, including-- ``(1) public education campaigns on healthy pregnancies and the building of partnerships with outside organizations concerned about safe motherhood; ``(2) education programs for physicians, nurses and other health care providers; and ``(3) activities to promote community support services for pregnant women. ``(b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be appropriate for each fiscal year (beginning with fiscal year 2000).''.

Safe Motherhood Monitoring and Prevention Research Act of 1999 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Centers for Disease Control and Prevention (CDC), to: (1) establish and implement a national monitoring and surveillance program to identify and promote the investigation of deaths and severe complications that occur during pregnancy; (2) expand the Pregnancy Risk Assessment Monitoring System to provide surveillance and collect data in each of the 50 States; (3) expand the Maternal and Child Health Epidemiology Program to provide technical support, financial assistance, or the time-limited assignment of senior epidemiologists to maternal and child health programs in each of the 50 States. Authorizes the Secretary, acting through the CDC, to expand research relating to: (1) encouraging preconception counseling; (2) identifying critical components of prenatal delivery and postpartum care, outreach and support services for pregnant women, and women who are at high risk for complications; (3) preventing preterm delivery, urinary tract infections, and unnecessary caesarean sections; (4) examining the higher rates of maternal mortality among African American women and the relationship between domestic violence and maternal complications and mortality; and (5) preventing substance abuse during and after pregnancy and infections that cause maternal and infant complications. Authorizes the Secretary, acting through the CDC, to carry out activities to promote safe motherhood, including public education campaigns on healthy pregnancies, education programs for health care providers, and activities to promote community support for pregnant women. Authorizes appropriations.

Safe Motherhood Monitoring and Prevention Research Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Inmate Work, Education, and Responsibility Curriculum Act of 2009'' or the ``I-WERC Act''. SEC. 2. FINDINGS. Congress finds the following: (1) More than 2,300,000 people are incarcerated in Federal, State, Tribal, or local correction facilities in the United States, with an average stay of 30 months. (2) Of the individuals now in prison, 97 percent will eventually be released into communities. More than 700,000 of these individuals are released into communities every year. (3) A Bureau of Justice Statistics Report found 67.5 percent of people released from correctional facilities in 1994 were arrested again within the 3-year period after their release from incarceration. (4) Many of the men and women who will leave correction facilities each year have mental health and alcohol or substance use disorders, have low levels of education and job training, and face significant barriers to employment. (5) A number of studies have shown that at every stage of the criminal justice process--from arrest, pretrial, conviction, to incarceration--81 percent of those incarcerated in Federal facilities, and 77 percent of those housed in local jails have alcohol and drug use problems, or were under the influence of alcohol or drugs when they committed their offenses. However, only 13 percent of these individuals receive drug and alcohol treatment while they are incarcerated according to the Office of National Drug Control Policy. (6) Substance use disorder treatment has been proven to reduce drug use, recidivism, unemployment, and homelessness, according to several studies, and every dollar invested in substance use disorder treatment saves taxpayers $7.46 in other social costs. (7) Individuals reentering society from incarceration have significant educational needs. Fewer than half of those released have a high school education or higher. The typical Louisiana inmate has a fifth grade literacy level. (8) Prison inmates interviewed as part of the Department of Justice's Serious and Violent Offender Reentry Initiative evaluation identified education as topping their list of most vital needs for a successful reentry into the community from prison. (9) According to a recent study of releases from the Indiana Department of Corrections, recidivism, education, and employment are closely linked. As the level of education goes up, the likelihood of employment increases. As employment increases, the likelihood of recidivism decreases. (10) According to the National Center for Education Statistics, more prison inmates were on waiting lists for vocational training programs than were enrolled in such programs when sampled as part of the National Assessment of Adult Literacy in 2004. (11) State, Tribal, and local governments have not been able to maintain prison education programs in the face of a prison population that has nearly doubled in the past decade. As a result, according to the National Institute for Literacy, the percentage of incarcerated individuals participating in correctional education programs is declining. (12) A study funded by the Department of Education found that participation in correctional education programs lowers the likelihood of an individual being incarcerated again by 29 percent, and that for every dollar spent on education, more than two dollars in reduced prison costs would be returned to taxpayers. The Federal Bureau of Prisons also found a 33 percent drop in recidivism among people detained in Federal facilities who participate in vocational and apprenticeship training. (13) According to the National Institute of Justice, 60 percent of formerly incarcerated individuals are unemployed after 1 year of release. Unemployment can contribute to the likelihood of repeating criminal conduct. (14) Job training and placement programs for formerly incarcerated people have been shown in a number of studies to improve employment outcomes and reduce recidivism. SEC. 3. PURPOSE. The purpose of this Act is to increase public safety and reduce recidivism rates by establishing a grant program under which the Attorney General provides competitive grants to State, Tribal, and local corrections agencies to help finance a 40-hour work week curriculum of self-improvement activities for incarcerated individuals that promotes responsibility, education, family, work, and parenthood. SEC. 4. PILOT PROGRAM TO MAKE GRANTS TO STATE, TRIBAL, AND LOCAL CORRECTIONS AGENCIES. (a) Grants Authorized.--For the purpose described in section 3, the Attorney General shall establish a 3-year pilot program under which the Attorney General is authorized to make grants on a competitive basis to State, Tribal, and local corrections agencies to fund a 40-hour work week curriculum of self-improvement activities for inmates that promote responsibility, education, family, work, and parenthood in accordance with the provisions of this section. (b) Application.-- (1) In general.--Each State, Tribal, or local corrections agency seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall-- (A) describe and outline the 40-hour work week curriculum that each applicant plans to implement under the grant, including what activities a participant will be expected to attend as part of such curriculum; (B) list the prisons or jail facilities where the 40-hour work week curriculum will be implemented; (C) detail the number of people who will participate in the curriculum and how such people will be chosen to participate; (D) state the budget plan of the applicant for implementation of the grant, as well as an identification of sources for the matching requirement imposed under section 7; and (E) explain the standards for determining the performance of an incarcerated individual participating in the 40-hour work week curriculum. (c) Use of Funds.-- (1) 40-hour work week curriculum.--A grant awarded to a State, Tribal, or local corrections agency under this section shall be used to establish a 40-hour work week curriculum that includes a minimum of 3 of the following coordinated activities: (A) Working toward and acquiring a General Equivalency Diploma (in this section referred to as ``GED''), under which GED classes must be included in the curriculum for all incarcerated individuals lacking a high school diploma or GED. (B) Literacy training. (C) College courses. (D) Vocational training and education under which-- (i) such training and education shall be in accordance with State and local laws prohibiting currently and formerly incarcerated people from engaging in certain trades or occupations; and (ii) facilities shall provide job training for positions that are currently in high demand to meet workforce needs. (E) Civic or citizenship education. (F) Special education. (G) Cognitive skills training. (H) Job and skills training, which shall be in accordance with State and local laws prohibiting currently and formerly incarcerated people from engaging in certain trades or occupations. (I) Clinically appropriate substance use disorder services, including prevention and treatment services and appropriate recovery support services. (J) Mental health treatment. (K) Anger management or conflict resolution programs. (L) Prison work and other prison jobs. (M) Restorative justice activities, including community service, victim restitution, victim-offender dialogue, and groups or classes focusing on accountability, victim impact, or both. (N) Mentoring sessions. (O) Life skills training, including parenting classes, financial management, entrepreneurship training, health education, and career development. (2) Application of state and federal licensing requirements; coordination with state substance abuse agencies.--All curriculum activities and providers must comport with applicable State and Federal licensing requirements. Grantees must ensure that all substance use disorder services, including prevention, treatment, and recovery support services, are provided in coordination with the State substance abuse agency. (3) Additional authorized activities.--In addition to the activities described in paragraph (1), a demonstration grant awarded to a State, Tribal, or local corrections agency under this section may be used-- (A) to pay teachers, counselors, therapists, and other specialists to work with incarcerated people as part of the 40-hour work week curriculum established under this section; (B) to make grants to nonprofit organizations, educational facilities, or other community partners to implement programs that provide one or more of the approved 40-hour work week curriculum activities; (C) to pay for the costs associated with undertaking the initial assessments for participants required under section 5(a); and (D) to pay for security and administrative costs associated with providing activities within the authorized curriculum. SEC. 5. PARTICIPATION REQUIREMENTS. (a) Assessments.--Any incarcerated person who is required to, or volunteers to, participate in the 40-hour work week curriculum funded by a grant awarded under section 4 shall be subject to an assessment, using validated assessment tools, of the person's mental, physical, intellectual, and vocational abilities in order to formulate an initial curriculum for such person. (b) Participation.-- (1) Required participants.--Corrections officials may require each incarcerated person who is within 3 years of the release date or date of parole eligibility for such person to participate in the 40-hour work week curriculum funded by a grant under section 4. (2) Voluntary participants.--Corrections officials may expand the 40-hour work week curriculum so funded to other incarcerated persons who on a voluntary basis wish to participate in such curriculum but are not yet within 3 years of their release date or parole eligibility date. (3) Consultation.--Corrections officials may consult with the applicable parole board when identifying participants for the 40-hour work week curriculum so funded. (c) Incentives for Participating Inmates.--Under a 40-hour work week curriculum funded by a grant awarded under section 4, an incarcerated person who participates in such curriculum may receive rewards for successful completion of such curriculum, including-- (1) good time credit; (2) monetary compensation; (3) additional and more flexible visitation rights, consistent with public safety and in accordance with visitation guidelines; (4) letters of recommendation for when the incarcerated person leaves the correctional institution involved; and (5) other incentives as are allowed under the appropriate State law. (d) Required Information To Be Supplied to Participating Individuals.--Any incarcerated person who participates in a 40-hour work week curriculum funded by a grant awarded under section 4 shall receive information on how such person can restore any legal, civil, or employment rights, including voting rights, under the laws of the State in which such person is going to be released. SEC. 6. RESEARCH GRANT. The Attorney General is authorized to award a grant to the National Institute of Justice to design and conduct a study of the 40-hour work week curriculums funded by grants awarded under section 4 to determine the success or failure of such curriculums. SEC. 7. MATCHING REQUIREMENT. (a) In General.--The Attorney General may not make a grant to a State, Tribal, or local corrections agency under section 4 unless the State, Tribal, or local corrections agency agrees that with respect to the costs incurred by the State, Tribal, or local corrections agency in carrying out the 40-hour work week curriculum for which the grant was awarded, the State, Tribal, or local corrections agency will make available (directly or through donations from public or private entities) non-Federal contributions in an amount equal to 50 percent of such costs. (b) In-Kind Contributions.--The recipient of a grant awarded under section 4 may meet the matching requirement under subsection (A) by making in-kind contributions of goods or services that are directly related to the purpose for which such grant was awarded. SEC. 8. SUBMISSION OF REPORTS TO CONGRESS. Not later than January 31 of each year (before 2014), the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the success or failure of the curriculums developed under this bill during the preceding year. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated $160,000,000 for each of the fiscal years 2011, 2012, and 2013 to carry out the provisions of this Act. (b) Research Grant.--Of the amounts appropriated in subsection (a), $5,000,000 for each of fiscal years 2011, 2012, and 2013 shall be used to carry out the research grant established under section 6.

Inmate Work, Education, and Responsibility Curriculum Act of 2009 (sic) or the I-WERC Act - Directs the Attorney General to establish a three-year pilot program for making competitive grants to state, tribal, and local corrections agencies to fund a 40-hour work week curriculum of self-improvement activities for inmates that promote responsibility, education, family, work, and parenthood. Includes among the required uses of grant funds working toward and acquiring a general equivalency diploma, literacy training, vocational training and education, jobs and skills training, and mentoring sessions. Requires curriculum participants to undergo an assessment of their mental, physical, intellectual, and vocational abilities. Extends incentives to inmates for participation in the program, including good time credit, monetary compensation, additional and more flexible visitation rights, and letters of recommendation. Authorizes the Attorney General to award a grant to the National Institute of Justice to design and conduct a study of the curriculums funded by this Act.

To increase public safety and reduce recidivism rates by creating a 3-year pilot program under which the Attorney General provides grants to correctional facilities to establish a 40-hour work week curriculum of responsible activities for incarcerated individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Transportation Objectives Act of 2009''. SEC. 2. ESTABLISHMENT OF NATIONAL TRANSPORTATION OBJECTIVES AND PERFORMANCE TARGETS. (a) In General.--Chapter 3 of title 49, United States Code, in amended: (1) by redesignating sections 304 through 309 as sections 307 through 312; (2) by redesignating sections 303 and 303a as sections 305 and 306, respectively; and (3) by inserting after section 302, the following: ``Sec. 303. National transportation objectives and performance targets ``(a) Statement of Purpose.--The purpose of this section is to establish national transportation objectives to provide a 21st century vision for the national surface transportation system and national transportation performance targets to ensure that transportation investments result in a national surface transportation system that meets the needs of the 21st century. ``(b) National Transportation Objectives.--The national transportation objectives are established and prioritized, as follows: ``(1) Promote energy efficiency and achieve energy security. ``(2) Ensure environmental protection, restore climate stability, and resolve persistent environmental justice issues. ``(3) Improve economic competitiveness, system efficiency, and workplace development opportunities. ``(4) Ensure safety for all transportation users and improved public health outcomes. ``(5) Improve transportation system conditions and connectivity. ``(6) Provide equal and equitable access to transportation options in urban, suburban, and rural communities. ``(c) National Transportation Performance Targets.--The national transportation performance targets are established for the purpose of assessing progress in the 20-year period beginning the day after the date of enactment of the National Transportation Objectives Act of 2009 toward meeting the national transportation objectives, as follows: ``(1) Reduce per capita vehicle miles traveled by 16 percent. ``(2) Triple walking, biking, and public transportation usage. ``(3) Reduce transportation-generated carbon dioxide level by 40 percent. ``(4) Reduce delay per capita by 10 percent. ``(5) Increase proportion of freight transportation provided by railroad and intermodal services by 20 percent. ``(6) Achieve 0 percent population exposure to at-risk levels of air pollution. ``(7) Improve public safety and lower congestion costs by reducing traffic crashes by 50 percent. ``(8) Increase share of major highways, regional transit fleets and facilities, and bicycling/pedestrian infrastructure in good state of repair condition by 20 percent. ``(9) Reduce average household combined housing plus transportation costs by 25 percent, using 2000 as a base year. ``(10) Increase by 50 percent the number of essential destinations (work and non-work) accessible within 30 minutes by public transportation or 15 minutes by walking, for low- income, senior, and disabled populations. ``(d) Development of Baseline Levels.--Not later than one year after the date of enactment of the National Transportation Objectives Act of 2009, the Secretary of Transportation shall develop baseline levels for the national transportation performance targets established by this section and determine appropriate methods of data collection to assess success in meeting such performance targets. ``(e) Requirements.--The Secretary, consistent with the plan developed under section 304 and notwithstanding any other provision of law in effect as of the date of enactment of the National Transportation Objectives Act of 2009, shall-- ``(1) develop appropriate data collections systems for each Federal surface transportation program in order to evaluate: ``(A) whether such programs are consistent with the policy, objectives, and performance targets established by this section; and ``(B) how effective such programs are in contributing to the achievement of the policy, objectives, and performance targets established by this section; ``(2) using the criteria developed under paragraph (1), annually evaluate each such program and provide the results to the public; ``(3) based on the evaluation performed under paragraph (2), make any necessary changes or improvements to such programs to ensure such consistency and effectiveness; ``(4) align the availability and award of Federal surface transportation funding to meet the policy, objectives, and performance targets established by this section, consistent with the evaluation performed under paragraph (2); ``(5) carry out this section in a manner that is consistent with sections 302, 5503, 10101, and 13101 of this title and section 101 of title 23 to the extent that such sections do not conflict with the policy, objectives, and performance targets established by this section; ``(6) review, update, and reissue all relevant surface transportation planning requirements to ensure that such requirements require that regional, State, and local surface transportation planning efforts funded with Federal funds are consistent with the policy, objectives, and performance targets established by this section; and ``(7) require recipients of Federal surface transportation funds to annually report on the use of such funds, including a description of-- ``(A) which projects and priorities were funded with such funds; ``(B) the rationale and method employed for apportioning such funds to the projects and priorities; and ``(C) how the obligation of such funds is consistent with or advances the policy, objectives, and performance targets established by this section. ``(f) Authority.-- ``(1) In general.--Notwithstanding any other provision of law in effect as of the date of enactment of the National Transportation Objectives Act of 2009, the Secretary may, through a process of public notice and comment and with reasonable prior notice to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure preceding any significant change, consistent with the public interest, amend the performance targets under subsection (c) or develop additional performance targets to effectively meet the policy and objectives set forth in this section. ``(2) Recommendations.--The Secretary may also make recommendations to those Committees for reorganizing the Department of Transportation, as necessary and consistent with the requirements of section 304(b)(6), in order to achieve the policy, objectives, and performance targets established by this section. ``Sec. 304. National surface transportation performance plan ``(a) Development.--Not later than 2 years after the date of enactment of the National Transportation Objectives Act of 2009, the Secretary of Transportation shall develop and implement a National Surface Transportation Performance Plan to achieve the policy, objectives, and performance targets set forth in section 303. ``(b) Contents.--The plan shall include-- ``(1) an assessment of the current performance of the national surface transportation system and an analysis of the system's ability to achieve the policy, objectives, and performance targets set forth in section 303; ``(2) an analysis of emerging and long-term projected trends that will impact the performance, needs, and uses of the national surface transportation system; ``(3) a description of the major impediments to effectively meeting the policy, objectives, and performance targets set forth in section 303 and recommended actions to address such impediments; ``(4) a comprehensive strategy and investment plan to meet the policy, objectives, and performance targets set forth in section 303; ``(5) initiatives to improve transportation modeling, research, data collection, and analysis; and ``(6) a plan for any reorganization of the Department of Transportation or its agencies necessary to meet the policy, objectives, and performance targets set forth in section 303. ``(c) Consultation.--In developing the plan required by subsection (a), the Secretary shall-- ``(1) consult with local, State, and tribal governments, public and private transportation providers and carriers, non- profit organizations representing transportation employees, appropriate foreign governments, and other interested parties; and ``(2) provide public notice and hearings and solicit public comments on the plan. ``(d) Submittal.--The Secretary shall submit the completed plan to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure. ``(e) Progress Reports.--The Secretary shall submit biennial progress reports on the implementation of the plan beginning 2 years after the date of submittal of the plan under subsection (d) to the Committees. The progress report shall-- ``(1) describe progress made toward fully implementing the plan and achieving the policies, objectives, and performance targets established under section 303; ``(2) describe challenges and obstacles to full implementation; ``(3) describe updates to the plan necessary to reflect changed circumstances or new developments; and ``(4) make policy and legislative recommendations the Secretary believes are necessary and appropriate to fully implement the plan. ``(f) Data.--The Secretary shall have the authority to conduct studies, gather information, and require the production of data necessary to develop or update this plan, consistent with Federal privacy standards. ``(g) Funding.--The Secretary may use such sums as may be necessary from any funds provided to the Department of Transportation for surface transportation programs for the purpose of completing and updating the plan and developing and issuing the progress reports pursuant to this section.''. (b) Conforming Amendments.-- (1) Section 302(a) of title 49, United States Code, is amended by striking ``10101 and 13101'' and inserting ``303, 10101, and 13101''. (2) Section 308, as redesignated, of title 49, United States Code, is amended by striking ``sections 301-09304'' and inserting ``sections 301 through 307''. (3) The table of contents for chapter 3 of title 49, United States Code, is amended-- (A) by redesignating the items relating to sections 303 through 309 as relating to sections 305 through 312; and (B) by inserting after the item relating to section 302 the following: ``303. National surface transportation policy. ``304. National surface transportation performance plan.''.

National Transportation Objectives Act of 2009 - Establishes: (1) national transportation objectives to provide a 21st century vision for the national surface transportation system, including to promote energy efficiency and achieve energy security, ensure environmental protection and safety for all transportation users, improve economic competitiveness and transportation system conditions, and provide equal access to transportation in urban, suburban, and rural communities; and (2) national transportation performance targets to meet such objectives, including to reduce per capita vehicle miles traveled by 16% and transportation-generated carbon dioxide levels by 40%, triple walking, biking, and public transportation use, increase freight transportation provided by railroad and intermodal services by 20%, and improve public safety and lower congestion costs by reducing traffic crashes by 50%. Directs the Secretary of Transportation to: (1) develop baseline levels and appropriate data collection systems for meeting the national transportation performance targets; and (2) develop and implement a National Surface Transportation Performance Plan.

To amend title 49, United States Code, to establish national transportation objectives and performance targets for the purpose of assessing progress toward meeting national transportation objectives.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agroterrorism Prevention Act of 2001''. SEC. 2. PLANT ENTERPRISE TERRORISM. (a) In General.--Section 43 of title 18, United States Code, is amended-- (1) so that the heading for such section reads ``Sec. 43. Animal and plant enterprise terrorism''; (2) by striking ``animal enterprise'' each place it appears (other than in subsection (d)(1)) and inserting ``animal or plant enterprise''; (3) in subsection (a)(2)-- (A) by inserting ``plants,'' after ``including''; and (B) by inserting a comma after ``animals''; and (4) in subsection (d)-- (A) in paragraph (1), by striking ``the term'' and all that follows through the end of such paragraph and inserting the following: ``the term `animal or plant enterprise' means-- ``(A) a commercial or academic enterprise that uses animals or plants for food or fiber production, agriculture, breeding, processing, research, or testing, or any commercial retail, wholesale or distribution enterprise that uses, purchases, or offers for sale a product that contains animal or plant material; ``(B) a zoo, aquarium, circus, rodeo or other entity that exhibits or uses animals or plants for educational or entertainment purposes; ``(C) any fair or similar event intended to advance agricultural arts and sciences; or ``(D) a facility managed or occupied by an association, federation, foundation, council, or other group or entity of food or fiber producers, processors, or agricultural or biomedical researchers intended to advance agricultural or biomedical arts and sciences, or the offices or facilities of any other enterprise or event described in subparagraph (A), (B), or (C);''; (B) in paragraph (3), by striking ``the loss of profits'' and inserting ``the loss of revenue (including costs related to business recovery) directly related to the disruption of a plant or animal enterprise, and the cost of the tuition and expenses of any student to complete an academic program that was disrupted, or to complete a replacement program, when the tutition and expenses are incurred as a result of the damage or loss of the property of an animal or plant enterprise''; (C) by striking ``and'' at the end of paragraph (3); (D) by striking the period at the end of paragraph (4) and inserting ``; and''; and (E) by adding at the end the following: ``(5) the term `plant' means any plant (including any plant part) used for, or that is capable of, propagation, including a tree, a tissue culture, pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a root, a seed, or any plant genetic material contained in bacteria, plasmids, viruses, viroids, or any vector of biological origin that has been modified for, or is capable of carrying genes into plant cells using transgenic processes, or other biological materials.''. (b) Clerical Amendment.--The item in the table of sections at the beginning of chapter 3 of title 18, United States Code, that relates to section 43 is amended to read as follows: ``43. Animal and plant enterprise terrorism.''. SEC. 3. ENHANCEMENT OF PENALTIES FOR ANIMAL AND PLANT ENTERPRISE TERRORISM. Section 43 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``one year'' and inserting ``five years''; (2) in subsection (b)-- (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following: ``(2) Explosives or arson.--Whoever in the course of a violation of subsection (a) maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used by the animal or plant enterprise shall be imprisoned for not less than 5 years and not more than 20 years, fined under this title, or both.''; and (C) in paragraph (3), as so redesignated, by striking ``under this title and'' and all that follows through the period and inserting ``under this title, imprisoned for life or for any term of years, or sentenced to death.''; and (3) in subsection (c)-- (A) by striking ``and'' at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ``; and''; and (C) by adding at the end the following: ``(3) for any other economic damage resulting from the violation of this section.''. SEC. 4. ANIMAL AND AGROTERRORISM CONSPIRACY PREVENTION. Section 1961(1) of title 18, United States Code, is amended by striking ``Section 201'' and inserting ``Section 43 (relating to animal and plant enterprise terrorism), section 201''. SEC. 5. NATIONAL AGROTERRORISM INCIDENT CLEARINGHOUSE. (a) In General.--The Director shall establish and maintain a national clearinghouse for information on incidents of crime and terrorism-- (1) committed against or directed at any animal or plant enterprise; (2) committed against or directed at any commercial activity because of the perceived impact or effect of such commercial activity on the environment; or (3) committed against or directed at any person because of such person's perceived connection with or support of any enterprise or activity described in paragraph (1) or (2). (b) Clearinghouse.--The clearinghouse established under subsection (a) shall-- (1) accept, collect, and maintain information on incidents described in subsection (a) that is submitted to the clearinghouse by Federal, State, and local law enforcement agencies, by law enforcement agencies of foreign countries, and by victims of such incidents; (2) collate and index such information for purposes of cross-referencing; and (3) upon request from a Federal, State, or local law enforcement agency, or from a law enforcement agency of a foreign country, provide such information to assist in the investigation of an incident described in subsection (a). (c) Scope of Information.--The information maintained by the clearinghouse for each incident shall, to the extent practicable, include-- (1) the date, time, and place of the incident; (2) details of the incident; (3) any available information on suspects or perpetrators of the incident; and (4) any other relevant information. (d) Design of Clearinghouse.--The clearinghouse shall be designed for maximum ease of use by participating law enforcement agencies. (e) Publicity.--The Director shall publicize the existence of the clearinghouse to law enforcement agencies by appropriate means. (f) Resources.--In establishing and maintaining the clearinghouse, the Director may-- (1) through the Attorney General, utilize the resources of any other department or agency of the Federal Government; and (2) accept assistance and information from private organizations or individuals. (g) Coordination.--The Director shall carry out the Director's responsibilities under this section in cooperation with the Director of the Bureau of Alcohol, Tobacco, and Firearms. (h) Definitions.--In this section-- (1) the term ``animal or plant enterprise'' has the same meaning as in section 43 of title 18, United States Code; and (2) the term ``Director'' means the Director of the Federal Bureau of Investigation. (i) Authorization of Appropriations.--There are authorized to be appropriated for each of fiscal years 2002 through 2007 such sums as are necessary to carry out this section. SEC. 6. ANIMAL AND PLANT RESEARCH SECURITY PROGRAMS. (a) In General.-- (1) Grants authorized.--The Director shall-- (A) award grants on a competitive basis to colleges and universities for technical assistance, threat and risk assessments, and other activities related to improving security at individual research universities; and (B) develop a comprehensive security report for universities, colleges and nonprofit organizations which examines the threat posed by animal and plant enterprise terrorism on research activities, and includes strategies for reducing this threat, including education, facility hardening, and coordination with law enforcement. (2) Application.--To be eligible to receive a grant under this section a college or university shall submit to the Director an application in such form and containing such information as the Director may require, including information relating to the security needs of the institution. (3) Priority.--In awarding grants under this section, the Director shall give priority to colleges and universities that demonstrate the highest security needs, as reported in the application submitted under paragraph (2). (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2002 and 2003. (c) Definition.--In this section, the term ``Director'' means the Director of the National Science Foundation.

Agroterrorism Prevention Act of 2001 - Amends the Federal criminal code to prohibit plant enterprise terrorism. Enhances penalties for animal enterprise terrorism and establishes penalties for plant enterprise terrorism. Prohibits the use of explosives or arson against the enterprise. Provides for the death penalty under specified circumstances. Authorizes restitution for any economic damage resulting from the violation (currently limited to the reasonable cost of repeating any experimentation that was interrupted or invalidated as a result of the offense, and the loss of food production or farm income reasonably attributable to the offense, and currently applicable only to animal enterprise terrorism).Makes animal and plant enterprise terrorism a predicate offense under the Racketeer Influenced and Corrupt Organizations Act.Requires the Director of the National Science Foundation to establish and maintain a national clearinghouse for information on incidents of crime and terrorism committed against or directed at any: (1) animal or plant enterprise; (2) commercial activity because of the perceived impact of such activity on the environment; or (3) person because of such person's perceived connection with or support of any enterprise or activity.Requires the Director to: (1) award grants on a competitive basis to colleges and universities for technical assistance, threat and risk assessments, and other activities related to improving security at individual research universities; and (2) develop a comprehensive security report for universities, colleges, and nonprofit organizations which examines the threat posed by animal and plant enterprise terrorism on research activities and includes strategies for reducing such threat.

To amend title 18, United States Code, to protect and promote the public safety and interstate commerce by establishing Federal criminal penalties and civil remedies for certain violent, threatening, obstructive and destructive conduct that is intended to injure, intimidate, or interfere with plant or animal enterprises, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Renewable Fuel and Job Creation Act of 2017''. SEC. 2. REFORM AND EXTENSION OF BIODIESEL TAX INCENTIVES. (a) Income Tax Credit.-- (1) In general.--So much of section 40A of the Internal Revenue Code as precedes subsection (c) is amended to read as follows: ``SEC. 40A. BIODIESEL FUELS CREDIT. ``(a) In General.--For purposes of section 38, the biodiesel fuels credit determined under this section for the taxable year is $1.00 for each gallon of biodiesel produced by the taxpayer which during the taxable year-- ``(1) is sold by the taxpayer to another person-- ``(A) for use by such other person's trade or business as a fuel or in the production of a qualified biodiesel mixture (other than casual off-farm production), or ``(B) who sells such biodiesel at retail to another person and places such biodiesel in the fuel tank of such other person, or ``(2) is used by such taxpayer for any purpose described in paragraph (1). ``(b) Increased Credit for Small Producers.-- ``(1) In general.--In the case of any eligible small biodiesel producer, subsection (a) shall be applied by increasing the dollar amount contained therein by 10 cents. ``(2) Limitation.--Paragraph (1) shall only apply with respect to the first 15,000,000 gallons of biodiesel produced by any eligible small biodiesel producer during any taxable year.''. (2) Definitions and special rules.--Section 40A(d) of such Code is amended by striking all that follows paragraph (1) and inserting the following: ``(2) Qualified biodiesel mixture; biodiesel mixture.-- ``(A) Qualified biodiesel mixture.-- ``(i) In general.--The term `qualified biodiesel mixture' means a biodiesel mixture which is-- ``(I) sold by the producer of such mixture to any person for use as a fuel, or ``(II) used by the producer of such mixture as a fuel. ``(ii) Sale or use must be in trade or business, etc.--A biodiesel mixture shall not be treated as a qualified biodiesel mixture unless the sale or use described in clause (i) is in a trade or business of the person producing the biodiesel mixture. ``(B) Biodiesel mixture.--The term `biodiesel mixture' means a mixture which consists of biodiesel and diesel fuel (as defined in section 4083(a)(3)), determined without regard to any use of kerosene. ``(3) Biodiesel not used for a qualified purpose.--If-- ``(A) any credit was determined with respect to any biodiesel under this section, and ``(B) any person uses such biodiesel for a purpose not described in subsection (a), then there is hereby imposed on such person a tax equal to the product of the rate applicable under subsection (a) and the number of gallons of such biodiesel. ``(4) Pass-thru in the case of estates and trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(5) Limitation to biodiesel with connection to the united states.-- ``(A) In general.--No credit shall be determined under subsection (a) with respect to biodiesel unless such biodiesel is produced in the United States from qualified feedstocks. For purposes of this paragraph, the term `United States' includes any possession of the United States. ``(B) Qualified feedstocks.--For purposes of subparagraph (A), the term `qualified feedstock' means any feedstock which is allowable for a fuel that is assigned a D code of 4 under section 80.1426(f) of title 40, Code of Federal Regulations.''. (3) Rules for small biodiesel producers.-- (A) In general.--Section 40A(e) of such Code is amended-- (i) by striking ``agri-biodiesel'' each place it appears in paragraphs (1) and (5)(A) and inserting ``biodiesel'', (ii) by striking ``subsection (b)(4)(C)'' each place it appears in paragraphs (2) and (3) and inserting ``subsection (b)(2)'', and (iii) by striking ``subsection (a)(3)'' each place it appears in paragraphs (5)(A), (6)(A)(i), and (6)(B)(i) and inserting ``subsection (b)''. (B) The heading for subsection (e) of section 40A of such Code is amended by striking ``Agri-biodiesel'' and inserting ``Biodiesel''. (C) The headings for paragraphs (1) and (6) of section 40A(e) of such Code are each amended by striking ``agri-biodiesel'' and inserting ``biodiesel''. (4) Renewable diesel.-- (A) In general.--Paragraph (3) of section 40A(f) of such Code is amended to read as follows: ``(3) Renewable diesel defined.-- ``(A) In general.--The term `renewable diesel' means liquid fuel derived from biomass which-- ``(i) is not a mono-alkyl ester, ``(ii) can be used in engines designed to operate on conventional diesel fuel, and ``(iii) meets the requirements for any Grade No. 1-D fuel or Grade No. 2-D fuel covered under the American Society for Testing and Materials specification D-975-13a. ``(B) Exceptions.--Such term shall not include-- ``(i) any liquid with respect to which a credit may be determined under section 40, ``(ii) any fuel derived from coprocessing biomass with a feedstock which is not biomass, or ``(iii) any fuel that is not chemically equivalent to petroleum diesel fuels that can meet fuel quality specifications applicable to diesel fuel, gasoline, or aviation fuel. ``(C) Biomass.--For purposes of this paragraph, the term `biomass' has the meaning given such term by section 45K(c)(3).''. (B) Conforming amendments.--Section 40A(f) of such Code is amended-- (i) by striking ``Subsection (b)(4)'' in paragraph (2) and inserting ``Subsection (b)'', and (ii) by striking paragraph (4) and inserting the following: ``(4) Certain aviation fuel.--Except as provided paragraph (3)(B), the term `renewable diesel' shall include fuel derived from biomass which meets the requirements of a Department of Defense specification for military jet fuel or an American Society for Testing and Materials specification for aviation turbine fuel.''. (5) Extension.--Subsection (g) of section 40A of such Code is amended by striking ``December 31, 2016'' and inserting ``December 31, 2020''. (6) Clerical amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 40A and inserting the following new item: ``Sec. 40A. Biodiesel fuels credit.''. (b) Excise Tax Credit.-- (1) Reform.--Subsection (c) of section 6426 of the Internal Revenue Code of 1986 is amended to read as follows: ``(c) Biodiesel Production Credit.-- ``(1) In general.--For purposes of this section, the biodiesel production credit is $1.00 for each gallon of biodiesel produced by the taxpayer and which-- ``(A) is sold by such taxpayer to another person-- ``(i) for use by such other person's trade or business as a fuel or in the production of a qualified biodiesel mixture (other than casual off-farm production), or ``(ii) who sells such biodiesel at retail to another person and places such biodiesel in the fuel tank of such other person, or ``(B) is used by such taxpayer for any purpose described in subparagraph (A). ``(2) Definitions.--Any term used in this subsection which is also used in section 40A shall have the meaning given such term by section 40A. ``(3) Termination.--This subsection shall not apply to any sale, use, or removal after December 31, 2020.''. (2) Producer registration requirement.--Subsection (a) of section 6426 of such Code is amended by striking ``subsections (d) and (e)'' in the flush sentence at the end and inserting ``subsections (c), (d), and (e)''. (3) Recapture.-- (A) In general.--Subsection (f) of section 6426 of such Code is amended-- (i) by striking ``or biodiesel'' each place it appears in subparagraphs (A) and (B)(i) of paragraph (1), (ii) by striking ``or biodiesel mixture'' in paragraph (1)(A), and (iii) by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Biodiesel.--If any credit was determined under this section or paid pursuant to section 6427(e) with respect to the production of any biodiesel and any person uses such biodiesel for a purpose not described in subsection (c)(1), then there is hereby imposed on such person a tax equal to $1 for each gallon of such biodiesel.''. (B) Conforming amendments.-- (i) Paragraph (3) of section 6426(f) of such Code, as redesignated by subparagraph (A)(iii), is amended by inserting ``or (2)'' after ``paragraph (1)''. (ii) The heading for paragraph (1) of section 6426(f) of such Code is amended by striking ``Imposition of tax'' and inserting ``In general''. (4) Limitation.--Section 6426(i) of such Code is amended-- (A) in paragraph (2)-- (i) by striking ``biodiesel or'', and (ii) by striking ``Biodiesel and'' in the heading, and (B) by inserting after paragraph (2) the following new paragraph: ``(3) Biodiesel.--No credit shall be determined under subsection (a) with respect to biodiesel unless such biodiesel is produced in the United States from qualified feedstocks (as defined in section 40A(d)(5)(B)).''. (5) Clerical amendments.-- (A) The heading of section 6426 of such Code is amended by striking ``alcohol fuel, biodiesel, and alternative fuel mixtures'' and inserting ``alcohol fuel mixtures, biodiesel production, and alternative fuel mixtures''. (B) The item relating to section 6426 in the table of sections for subchapter B of chapter 65 of such Code is amended by striking ``alcohol fuel, biodiesel, and alternative fuel mixtures'' and inserting ``alcohol fuel mixtures, biodiesel production, and alternative fuel mixtures''. (c) Excise Payments.--Subsection (e) of section 6427 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``or the biodiesel mixture credit'' in paragraph (1), (2) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively, and by inserting after paragraph (2) the following new paragraph: ``(3) Biodiesel production credit.--If any person produces biodiesel and sells or uses such biodiesel as provided in section 6426(c)(1), the Secretary shall pay (without interest) to such person an amount equal to the biodiesel production credit with respect to such biodiesel.'', (3) by striking ``paragraph (1) or (2)'' each place it appears in paragraphs (4) and (6), as redesignated by paragraph (2), and inserting ``paragraph (1), (2), or (3)'', (4) by striking ``alternative fuel'' each place it appears in paragraphs (4) and (6), as redesignated by paragraph (2), and inserting ``fuel'', and (5) in paragraph (7)(B), as redesignated by paragraph (2)-- (A) by striking ``biodiesel mixture (as defined in section 6426(c)(3))'' and inserting ``biodiesel (within the meaning of section 40A)'', and (B) by striking ``December 31, 2016'' and inserting ``December 31, 2020''. (d) Guidance.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury, or the Secretary's delegate, shall issue preliminary guidance with respect to the amendments made by this section. (e) Effective Date.--The amendments made by this section shall apply to fuel sold or used after December 31, 2016. (f) Special Rule for 2017.--Notwithstanding any other provision of law, in the case of any biodiesel mixture credit properly determined under section 6426(c) of the Internal Revenue Code of 1986 for period beginning after December 31, 2016, and ending before the date of the enactment of this Act, such credit shall be allowed, and any refund or payment attributable to such credit (including any payment under section 6427(e) of such Code) shall be made, only in such manner as the Secretary of the Treasury (or the Secretary's delegate) shall provide. Such Secretary shall issue guidance within 30 days after the date of the enactment of this Act providing for a one-time submission of claims covering periods described in the preceding sentence. Such guidance shall provide for a 180-day period for the submission of such claims (in such manner as prescribed by such Secretary) to begin not later than 30 days after such guidance is issued. Such claims shall be paid by such Secretary not later than 60 days after receipt. If such Secretary has not paid pursuant to a claim filed under this subsection within 60 days after the date of the filing of such claim, the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621 of such Code.

American Renewable Fuel and Job Creation Act of 2017 This bill amends the Internal Revenue Code to modify and extend: (1) the income tax credit for biodiesel and renewable diesel used as fuel, and (2) the excise tax credit for biodiesel fuel mixtures. The bill: (1) makes the credits available to domestic producers of the fuels rather than the policy under current law of providing a mixture credit to the blender of the fuel, (2) increases the income tax credit for certain small biodiesel producers, and (3) extends the credits through 2020.

American Renewable Fuel and Job Creation Act of 2017

SECTION 1. AWARD OF RANGER TAB FOR CERTAIN SERVICE IN VIETNAM. (a) Authority.--The Secretary of the Army may award the Ranger Tab to any person who is eligible for the award under subsection (b) and for whom an application for the award is submitted in accordance with subsection (d). (b) Eligibility.--A person is eligible for award of the Ranger Tab under subsection (a) if the person-- (1) while serving on active duty in the Army and-- (A) while assigned to the Military Assistance Advisory Group at any time during 1960, 1961, or 1962, or to the Military Assistance Command Vietnam at any time after 1961 and before 1974, served for at least 30 consecutive days in the Republic of Vietnam as an Army Ranger advisor to one or more Biet Dong-Quan (BDO) Ranger units of the Army of the Republic of Vietnam; or (B) while assigned to a unit identified in a table in subsection (c), served for at least 30 consecutive days in the Republic of Vietnam during the period specified in that table for such unit; (2) has been awarded the combat infantryman badge or the combat medical badge for the service in such assignment during that period or for service in the Armed Forces before such service in that assignment; and (3) since the beginning of the service in such assignment-- (A) has not been discharged from the Armed Forces with a discharge other than an honorable discharge; or (B) in the case of a commissioned officer, has not been dismissed from the Armed Forces and has not been released from active duty with a characterization of service in the Armed Forces that is less favorable than honorable. (c) Units and Periods of Service.--The units and periods of service referred to in subsection (b)(1)(B) are as follows: Table 1 Long Range Reconnaissance Patrols (LRRPs) ------------------------------------------------------------------------ Period Unit ------------------------------------ Beginning Ending ------------------------------------------------------------------------ 173d Airborne Brigade (Separate), May 1, 1965 December 20, LRRP (Provisional). 1967 1st Brigade, 101st Airborne July 1, 1965 January 10, 1968 Division, LRRP (Provisional). 1st Infantry Division, LRRP October 1, 1965 December 20, (Provisional). 1967 1st Cavalry Division, LRRP September 1, 1965 December 20, (Provisional). 1967 4th Infantry Division, LRRP September 1, 1966 December 20, (Provisional). 1967 9th Infantry Division, LRRP January 1, 1967 December 20, (Provisional). 1967 25th Infantry Division, LRRP March 1, 1966 December 20, (Provisional). 1967 196th Infantry Brigade (Separate), January 1, 1967 December 20, LRRP (Provisional). 1967. ------------------------------------------------------------------------ Table 2 Long Range Patrol (LRP) Companies and Detachments ------------------------------------------------------------------------ Period Unit ------------------------------------ Beginning Ending ------------------------------------------------------------------------ Company E, 20th Infantry (LRP)..... September 25, February 1, 1969 1967 Company F, 51st Infantry (LRP)..... September 25, February 1, 1969 1967 Company D, 151st Infantry (LRP).... December 26, 1968 February 1, 1969 Company E, 50th Infantry (LRP)..... December 20, 1967 February 1, 1969 Company F, 50th Infantry (LRP)..... December 20, 1967 February 1, 1969 Company E, 51st Infantry (LRP)..... December 12, 1968 February 1, 1969 Company E, 52nd Infantry (LRP)..... December 20, 1967 February 1, 1969 Company F, 52nd Infantry (LRP)..... December 20, 1967 February 1, 1969 Company E, 58th Infantry (LRP)..... December 20, 1967 February 1, 1969 Company F, 58th Infantry (LRP)..... January 10, 1968 February 1, 1969 71st Infantry Detachment (LRP)..... December 20, 1967 February 1, 1969 74th Infantry Detachment (LRP)..... December 20, 1967 February 1, 1969 78th Infantry Detachment (LRP)..... December 15, 1968 February 1, 1969 79th Infantry Detachment (LRP)..... December 15, 1968 February 1, 1969. ------------------------------------------------------------------------ Table 3 Ranger Companies ------------------------------------------------------------------------ Period Unit ------------------------------------ Beginning Ending ------------------------------------------------------------------------ Company C, (Ranger), 75th Infantry. February 1, 1969 October 25, 1971 Company D, (Ranger), 151st Infantry February 1, 1969 November 20, 1971 Company D, (Ranger), 75th Infantry. November 20, 1969 April 10, 1970 Company E, (Ranger), 75th Infantry. February 1, 1969 October 12, 1970 Company F, (Ranger), 75th Infantry. February 1, 1969 March 15, 1971 Company G, (Ranger), 75th Infantry. February 1, 1969 October 1, 1971 Company H, (Ranger), 75th Infantry. February 1, 1969 August 15, 1972 Company I, (Ranger), 75th Infantry. February 1, 1969 April 7, 1970 Company K, (Ranger), 75th Infantry. February 1, 1969 December 10, 1970 Company L, (Ranger), 75th Infantry. February 1, 1969 December 26, 1970 Company M, (Ranger), 75th Infantry. February 1, 1969 October 12, 1970 Company N, (Ranger), 75th Infantry. February 1, 1969 August 25, 1971 Company O, (Ranger), 75th Infantry. February 1, 1969 November 20, 1969 Company P, (Ranger), 75th Infantry. February 1, 1969 August 31, 1971. ------------------------------------------------------------------------ (d) Application Required.--(1) To receive a Ranger Tab under the authority of subsection (a), a person shall submit to the Secretary of the Army a written application together with detailed information and documentation demonstrating eligibility for the award. An application may be submitted on behalf of a person by any other person. (2) The Secretary of the Army shall prescribe in regulations-- (A) the form and the manner for submission of the application required under paragraph (1); and (B) the information and documentation that the Secretary considers necessary to demonstrate eligibility for award of the Ranger Tab under subsection (b). (e) Active Duty Defined.--In this section, the term ``active duty'' has the meaning given such term in section 101(d)(1) of title 10, United States Code.

Authorizes the Secretary of the Army to award a Ranger Tab to certain individuals assigned to specified Army units and performing active duty for specified periods in the Republic of Vietnam between 1960 and 1974. Requires written application for such award.

A bill to authorize the Secretary of the Army to award the Ranger Tab to veterans of certain service in the Republic of Vietnam during the Vietnam era.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Propane Education and Research Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) propane gas, or liquefied petroleum gas, is an essential energy commodity providing heat, hot water, cooking fuel, and motor fuel among its many uses to millions of Americans; (2) the use of propane is especially important to rural citizens and farmers, offering an efficient and economical source of gas energy; (3) propane has been recognized as a clean fuel and can contribute in many ways to reducing the pollution in our cities and towns; and (4) propane is primarily domestically produced and its use provides energy security and jobs for Americans. SEC. 3. DEFINITIONS. For the purposes of this Act-- (1) the term ``Council'' means a Propane Education and Research Council created pursuant to section 4 of this Act; (2) the term ``industry'' means those persons involved in the production, transportation, and sale of propane, and in the manufacture and distribution of propane utilization equipment, in the United States; (3) the term ``industry trade association'' means an organization exempt from tax, under section 501(c) (3) or (6) of the Internal Revenue Code of 1986, representing the propane industry; (4) the term ``odorized propane'' means propane which has had odorant added to it; (5) the term ``producer'' means the owner of propane at the time it is recovered at a gas processing plant or refinery; (6) the term ``propane'' means a hydrocarbon whose chemical composition is predominantly C<SUP>3H<SUP>8, whether recovered from natural gas or crude oil, and includes liquefied petroleum gases and mixtures thereof; (7) the term ``public member'' means a member of the Council, other than a representative of producers or retail marketers, representing significant users of propane, public safety officials, academia, the propane research community, or other groups knowledgeable about propane; (8) the term ``qualified industry organization'' means the National Propane Gas Association, the Gas Processors Association, a successor association of such associations, or a group of retail marketers or producers who collectively represent at least 25 percent of the volume of propane sold or produced in the United States; (9) the term ``retail marketer'' means a person engaged primarily in the sale of odorized propane to the ultimate consumer or to retail propane dispensers; (10) the term ``retail propane dispenser'' means a person who sells odorized propane to the ultimate consumer but is not engaged primarily in the business of such sales; and (11) the term ``Secretary'' means the Secretary of Energy. SEC. 4. REFERENDA. (a) Creation of Program.--The qualified industry organizations may conduct, at their own expense, a referendum among producers and retail marketers for the creation of a Propane Education and Research Council. The Council, if established, shall reimburse the qualified industry organizations for the cost of the referendum accounting and documentation. Such referendum shall be conducted by an independent auditing firm agreed to by the qualified industry organizations. Voting rights in such referendum shall be based on the volume of propane produced or odorized propane sold in the previous calendar year or other representative period. Upon approval of those persons representing two-thirds of the total volume of propane voted in the retail marketer class and two-thirds of all propane voted in the producer class, the Council shall be established, and shall be authorized to levy an assessment on odorized propane in accordance with section 6. All persons voting in the referendum shall certify to the independent auditing firm the volume of propane represented by their vote. (b) Termination.--On the Council's own initiative, or on petition to the Council by producers and retail marketers representing 35 percent of the volume of propane in each class, the Council shall, at its own expense, hold a referendum, to be conducted by an independent auditing firm selected by the Council, to determine whether the industry favors termination or suspension of the Council. Termination or suspension shall not take effect unless it is approved by persons representing more than one-half of the total volume of odorized propane in the retail marketer class and more than one-half of the total volume of propane in the producer class, or is approved by persons representing more than two-thirds of the total volume of propane in either such class. SEC. 5. PROPANE EDUCATION AND RESEARCH COUNCIL. (a) Selection of Members.--The qualified industry organizations shall select all retail marketer, public, and producer members of the Council. The producer organizations shall select the producer members of the Council, the retail marketer organizations shall select retail marketer members, and all qualified industry organizations shall jointly select the public members. Vacancies in unfinished terms of Council members shall be filled in the same manner as were the original appointments. (b) Representation.--In selecting members of the Council, the qualified industry organizations shall give due regard to selecting a Council that is representative of the industry, including representation of-- (1) gas processors and oil refiners among producers; (2) interstate and intrastate operators among retail marketers; (3) large and small companies among producers and retail marketers, including agricultural cooperatives; and (4) diverse geographic regions of the country. (c) Membership.--The Council shall consist of 21 members, with 9 members representing retail marketers, 9 members representing producers, and 3 public members. Other than the public members, Council members shall be full-time employees or owners of businesses in the industry or representatives of agricultural cooperatives. No employee of a qualified industry organization or other industry trade association shall serve as a member of the Council, and no member of the Council may serve concurrently as an officer of the Board of Directors of a qualified industry organization or other industry trade association. Only one person at a time from any company or its affiliate may serve on the Council. (d) Compensation.--Council members shall receive no compensation for their services, nor shall Council members be reimbursed for expenses relating to their service, except that public members, upon request, may be reimbursed for reasonable expenses directly related to their participation in Council meetings. (e) Terms.--Council members shall serve terms of 3 years and may serve not more than 2 full consecutive terms. Members filling unexpired terms may serve not more than a total of 7 consecutive years. Former members of the Council may be returned to the Council if they have not been members for a period of 2 years. Initial appointments to the Council shall be for terms of 1, 2, and 3 years, staggered to provide for the selection of 7 members each year. (f) Functions.--The Council shall develop programs and projects and enter into contracts or agreements for implementing this Act, including programs to enhance consumer and employee safety and training, to provide for research and development of clean and efficient propane utilization equipment, to inform and educate the public about safety and other issues associated with the use of propane, and to provide for the payment of the costs thereof with funds collected pursuant to this Act. The Council shall coordinate its activities with industry trade association and others as appropriate to provide efficient delivery of services and to avoid unnecessary duplication of activities. (g) Use of Funds.--Not less than 5 percent of the funds collected through assessments pursuant to this Act shall be used for programs and projects intended to benefit the agriculture industry in the United States. The Council shall coordinate its activities in this regard with agriculture industry trade associations and other organizations representing the agriculture industry. The percentage of funds collected through assessments pursuant to this Act to be used for projects relating to the use of propane as an over-the-road motor fuel shall not exceed the percentage of the total market for odorized propane that is used as a motor vehicle fuel, based on the historical average of such use over the previous 3-year period. (h) Priorities.--Issues related to research and development, safety, education, and training shall be given priority by the Council in the development of its programs and projects. (i) Administration.--The Council shall select from among its members a Chairman and other officers as necessary, may establish committees and subcommittees of the Council, and shall adopt rules and bylaws for the conduct of business and the implementation of this Act. The Council shall establish procedures for the solicitation of industry comment and recommendations on any significant plans, programs, and projects to be funded by the Council. The Council may establish advisory committees of persons other than Council members. (j) Administrative Expenses.--(1) The administrative expenses of operating the Council (not including costs incurred in the collection of the assessment pursuant to section 7) plus amounts paid under paragraph (2) shall not exceed 10 percent of the funds collected in any fiscal year. (2) The Council shall annually reimburse the Secretary for costs incurred by the Federal Government relating to the Council, except that such reimbursement for any fiscal year shall not exceed the amount that the Secretary determines is the average annual salary of two employees of the Department of Energy. (k) Budget.--Before August 1 each year, the Council shall publish for public review and comment a budget plan for the next calendar year, including the probable costs of all programs, projects, and contracts and a recommended rate of assessment sufficient to cover such costs. Following this review and comment, the Council shall submit the proposed budget to the Secretary and to the Congress. The Secretary may recommend programs and activities the Secretary considers appropriate. (l) Records; Audits.--The Council shall keep minutes, books, and records that clearly reflect all of the acts and transactions of the Council and make public such information. The books of the Council shall be audited by a certified public accountant at least once each fiscal year and at such other times as the Council may designate. Copies of such audit shall be provided to all members of the Council, all qualified industry organizations, and to other members of the industry upon request. The Secretary shall receive notice of meetings and may require reports on the activities of the Council, as well as reports on compliance, violations, and complaints regarding the implementation of this Act. (m) Public Access To Council Proceedings.--(1) All meetings of the Council shall be open to the public after at least 30 days advance public notice. (2) The minutes of all meetings of the Council shall be made available to and readily accessible by the public. (n) Annual Report.--Each year the Council shall prepare and make publicly available a report which includes an identification and description of all programs and projects undertaken by the Council during the previous year as well as those planned for the coming year. Such report shall also detail the allocation or planned allocation of Council resources for each such program and project. SEC. 6. ASSESSMENTS. (a) Amount.--The Council shall set the initial assessment at no greater than one tenth of 1 cent per gallon of odorized propane. Thereafter, annual assessments shall be sufficient to cover the costs of the plans and programs developed by the Council. The assessment shall not be greater than one-half cent per gallon of odorized propane, unless approved by a majority of those voting in a referendum in both the producer and the retail marketer class. In no case may the assessment be raised by more than one tenth of 1 cent per gallon of odorized propane annually. (b) Ownership.--The owner of odorized propane at the time of odorization, or the time of import of odorized propane, shall make the assessment based on the volume of odorized propane sold and placed into commerce. Assessments collected are payable to the Council on a monthly basis by the 25th of the month following the month of such collection. Propane exported from the United States to another country is not subject to the assessment. (c) Alternative Collection Rules.--The Council may establish an alternative means of collecting the assessment if another means is found to be more efficient and effective. The Council may establish a late payment charge and rate of interest to be imposed on any person who fails to remit or pay to the Council any amount due under this Act. (d) Investment of Funds.--Pending disbursement pursuant to a program, plan, or project, the Council may invest funds collected through assessments, and any other funds received by the Council, only in obligations of the United States or any agency thereof, in general obligations of any State or any political subdivision thereof, in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System, or in obligations fully guaranteed as to principal and interest by the United States. (e) State Programs.--The Council shall establish a program coordinating the operation of the Council with those of any State propane education and research council created by State law or regulation, or similar entity. Such coordination shall include a joint or coordinated assessment collection process, a reduced assessment, or an assessment rebate. A reduced assessment or rebate shall be 20 percent of the regular assessment collected in that State under this section. Assessment rebates shall be paid only to-- (1) a State propane education and research council created by State law or regulation that meets requirements established by the Council for specific programs approved by the Council; or (2) a similar entity, such as a foundation established by the retail propane gas industry in that State, that meets requirements established by the Council for specific programs approved by the Council. SEC. 7. COMPLIANCE. The Council may bring suit in Federal court to compel compliance with an assessment levied by the Council under this Act. A successful action for compliance under this section may also require payment by the defendant of the costs incurred by the Council in bringing such action. SEC. 8. LOBBYING RESTRICTIONS. No funds collected by the Council shall be used in any manner for influencing legislation or elections, except thatthe Council may recommend to the Secretary changes in this Act or other statutes that would further the purposes of this Act. SEC. 9. MARKET SURVEY AND CONSUMER PROTECTION. (a) Price Analysis.--Beginning 2 years after establishment of the Council and annually thereafter, the Secretary of Commerce, using only data provided by the Energy Information Administration and other public sources, shall prepare and make available to the Council, the Secretary of Energy, and the public an analysis of changes in the price of propane relative to other energy sources. The propane price analysis shall compare indexed changes in the price of consumer grade propane to a composite of indexed changes in the price of residential electricity, residential natural gas, and refiner price to end users of No. 2 fuel oil on an annual national average basis. For purposes of indexing changes in consumer grade propane, residential electricity, residential natural gas, and end user No. 2 fuel oil prices, the Secretary of Commerce shall use a 5-year rolling average price beginning with the year 4 years prior to the establishment of the Council. (b) Authority To Restrict Activities.--If in any year the 5-year average rolling price index of consumer grade propane exceeds the 5- year rolling average price composite index of residential electricity, residential natural gas, and refiner price to end users of No. 2 fuel oil in an amount greater than 10.1 percent, the activities of the Council shall be restricted to research and development, training, and safety matters. The Council shall inform the Secretary of Energy and the Congress of any restriction of activities under this subsection. Upon expiration of 180 days after the beginning of any such restriction of activities, the Secretary of Commerce shall again conduct the propane price analysis described in subsection (a). Activities of the Council shall continue to be restricted under this subsection until the price index excess is 10.1 percent or less. SEC. 10. PRICING. In all cases, the price of propane shall be determined by market forces. Consistent with the antitrust laws, the Council may take no action, nor may any provision of this Act be interpreted as establishing an agreement to pass along to consumers the cost of the assessment provided for in section 6. SEC. 11. RELATION TO OTHER PROGRAMS. Nothing in this Act may be construed to preempt or supersede any other program relating to propane education and research organized and operated under the laws of the United States or any State. SEC. 12. REPORTS. Within 2 years after the date of enactment of this Act, and at least once every 2 years thereafter, the Secretary of Commerce shall prepare and submit to the Congress and the Secretary a report examining whether operation of the Council, in conjunction with the cumulative effects of market changes and Federal programs, has had an effect on propane consumers, including residential, agriculture, process, and nonfuel users of propane. The Secretary of Commerce shall consider and, to the extent practicable, shall include in the report submissions by propane consumers, and shall consider whether there have been long-term and short-term effects on propane prices as a result of Council activities and Federal programs, and whether there have been changes in the proportion of propane demand attributable to various market segments. To the extent that the report demonstrates that there has been an adverse effect, the Secretary of Commerce shall include recommendations for correcting the situation. Upon petition by affected parties or upon request by the Secretary of Energy, the Secretary of Commerce may prepare and submit the report required by this section at less than 2-year intervals. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Propane Education and Research Act of 1996 - Authorizes the qualified industry organizations (the National Propane Gas Association, the Gas Processors Association, or successor organizations, or a group of retail marketers or producers who collectively represent at least 25 percent of the volume of propane sold or produced in the United States) to conduct, at their own expense, a referendum among producers and retail marketers for the creation of a Propane Education and Research Council. Directs the Council, if established, to develop programs (including programs to enhance consumer and employee safety and training) and enter into contracts for: (1) propane research and development; (2) consumer education; and (3) payment for program costs with funds collected under this Act. Requires the Council to reimburse the Secretary of Energy annually for any costs incurred by the United States, but not more than the average annual salary of two Department of Energy employees. Prescribes guidelines under which the Council shall set annual assessments on odorized propane to cover program costs. Directs the Council to establish a program to coordinate its operations with any State propane education and research council. Prohibits Council funds from being used for lobbying activities. Directs the Secretary of Commerce to annually prepare and make available to the Council, the Secretary of Energy (Secretary), and the public, an analysis of changes in propane prices relative to other energy resources. Requires the Council to restrict its activities to research and development, training, and safety whenever in any year the five-year average rolling price index of consumer grade propane exceeds by more than 10.1 percent the five-year rolling average price composite index of residential electricity, residential natural gas, and refiner price to end users of Number 2 fuel oil. Requires the price of propane to be determined by market forces in all cases. Prohibits the Council from taking action to pass the cost of the annual assessments to consumers. Requires the Secretary of Commerce to report biennially to the Congress and the Secretary on: (1) whether operation of the Council, in conjunction with the cumulative effects of market changes and Federal programs, has had an effect on propane consumers, including residential, agriculture, process, and nonfuel users; and (2) whether there have been long-term and short-term effects on propane prices as a result of Council activities and Federal programs.

Propane Education and Research Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Education Tuition Support Act of 2009'' or the ``VETS Act of 2009''. SEC. 2. TUITION RELIEF FOR POSTSECONDARY STUDENTS CALLED TO MILITARY SERVICE. (a) In General.--Section 484B(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1091b(b)(2)) is amended by adding at the end the following: ``(F) Tuition relief for students called to military service.-- ``(i) Tuition relief.-- ``(I) In general.--Subject to subclause (II), whenever a student's withdrawal from an institution of higher education is necessitated by reason of service in the uniformed services, the institution shall refund to such student the tuition and fees paid by, or on behalf of, such student for the payment period or period of enrollment for which such student did not receive academic credit as a result of such withdrawal. ``(II) Exception.--Subclause (I) shall not apply to the tuition or fees paid on behalf of the student-- ``(aa) from scholarships awarded to the student by the institution of higher education; or ``(bb) through funds awarded under this title. ``(ii) Waiver of repayment by students called to military service.--In addition to the waivers authorized by subparagraphs (D) and (E), the Secretary shall waive the amounts that students are required to return under this section if the withdrawals on which the returns are based are withdrawals necessitated by reason of service in the uniformed services. ``(iii) Loan forgiveness authorized.-- Whenever a student's withdrawal from an institution of higher education is necessitated by reason of service in the uniformed services, the Secretary shall, with respect to the payment period or period of enrollment for which such student did not receive academic credit as a result of such withdrawal, carry out a program-- ``(I) through the holder of the loan, to assume the obligation to repay-- ``(aa) the outstanding principle and accrued interest on any loan assistance awarded to the student under part B (including to a parent on behalf of the student under section 428B) for such payment period or period of enrollment; minus ``(bb) any amount of such loan assistance returned by the institution in accordance with paragraph (1) of this subsection for such payment period or period of enrollment; and ``(II) to cancel-- ``(aa) the outstanding principle and accrued interest on the loan assistance awarded to the student under part D or E (including a Federal Direct PLUS loan awarded to a parent on behalf of the student) for such payment period or period of enrollment; minus ``(bb) any amount of such loan assistance returned by the institution in accordance with paragraph (1) of this subsection for such payment period or period of enrollment. ``(iv) Reimbursement for cancellation of perkins loans.--The Secretary shall pay to each institution for each fiscal year an amount equal to the aggregate of the amounts of Federal Perkins loans in such institution's student loan fund that are cancelled pursuant to clause (iii)(II) for such fiscal year, minus an amount equal to the aggregate of the amounts of any such loans so canceled which were made from Federal capital contributions to its student loan fund provided by the Secretary under section 468. None of the funds appropriated pursuant to section 461(b) shall be available for payments pursuant to this paragraph. To the extent feasible, the Secretary shall pay the amounts for which any institution qualifies under this paragraph not later than 3 months after the institution files an institutional application for campus-based funds. ``(v) Loan eligibility and limits for students.--Any amounts that are returned by an institution in accordance with paragraph (1), or forgiven or waived by the Secretary under this subparagraph, with respect to a payment period or period of enrollment for which a student did not receive academic credit as a result of withdrawal necessitated by reason of service in the uniformed services, shall not be included in the calculation of the student's annual or aggregate loan limits for assistance under this title, or otherwise affect the student's eligibility for grants or loans under this title. ``(vi) Definition.--In this subparagraph, the term `service in the uniformed services' has the meaning given such term in section 484C(a).''. (b) Effective Date.-- (1) In general.--The amendments made by this Act shall take effect for periods of service in the uniformed services beginning after the date of enactment of this Act. (2) Definition.--In this subsection, the term ``period of service in the uniformed services'' means the period beginning 30 days prior to the date a student is required to report to service in the uniformed services (as defined in section 484C(a) of the Higher Education Act of 1965 (20 U.S.C. 1091c(a))) and ending when such student returns from such service.

Veterans Education Tuition Support Act of 2009 or the VETS Act of 2009 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require institutions of higher education to refund to students the tuition and fees paid for education they will not receive due to their withdrawal from school to serve in the Armed Forces. Waives the application of any requirement that students return title IV funds upon withdrawing from school to students whose withdrawal is necessitated by service in the Armed Forces. Provides loan forgiveness under the Federal Family Education Loan, Direct Loan, and Perkins Loan programs to students whose withdrawal from school is necessitated by service in the Armed Forces.

A bill to amend section 484B of the Higher Education Act of 1965 to provide for tuition reimbursement and loan forgiveness to students who withdraw from an institution of higher education to serve in the uniformed services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pay for Student Success Act''. SEC. 2. AUTHORIZATION OF PAY-FOR-SUCCESS PROJECTS. Part B of title VII of the Higher Education Act of 1965 (20 U.S.C. 1138 et seq.) is amended-- (1) by redesignating section 745 as section 746; and (2) by inserting after section 744 the following: ``SEC. 745. PAY-FOR-SUCCESS PROJECTS. ``(a) Definitions.--In this section: ``(1) Pay-for-success project.--The term `pay-for-success project' refers to a performance-based contract under this section in which-- ``(A) the eligible entity pursues innovative strategies for improving outcomes and conducts a rigorous evaluation of the results to determine effectiveness; ``(B) the Secretary and the eligible entity agree to target outcomes; ``(C) the Federal Government imposes minimal administrative requirements on the eligible entity to allow for maximum flexibility to improve efficiency and effectiveness; and ``(D) the eligible entry may receive additional funding under this section if the eligible entity achieves successful outcomes as demonstrated through a rigorous independent evaluation approved by the Director of the Institute of Education Sciences. ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) an institution of higher education; ``(B) a nonprofit organization; ``(C) a consortium composed of an institution of higher education and a nonprofit organization; or ``(D) an entity described in subparagraph (A), (B), or (C) in partnership with-- ``(i) a local educational agency; ``(ii) a business; ``(iii) a State educational agency; or ``(iv) a State department of higher education. ``(b) Pay-for-Success Projects Authorized.--From the amounts appropriated under section 746, the Secretary shall enter into contracts with eligible entities for pay-for-success projects that develop, implement, evaluate, and promote innovative strategies for increasing the postsecondary education retention and completion rates of-- ``(1) students who receive Federal Pell Grants; and ``(2) first-generation postsecondary students. ``(c) Application.-- ``(1) In general.--An eligible entity desiring a contract under this section shall submit to the Secretary an application at such time and in such form as the Secretary may require. ``(2) Contents.--The application described in paragraph (1) shall include-- ``(A) a description of the eligible entity's strategy for improving the retention and completion rate, at one or more institutions of higher education, for students who receive Federal Pell Grants or first- generation postsecondary students; ``(B) an identification of the target population for the pay-for-success project and of the target outcomes to be achieved; ``(C) an identification of the independent entity that will carry out a robust, rigorous evaluation approved by the Director of the Institute of Education Sciences to determine the effectiveness of the pay-for- success project, and a description of the methodology that the entity will use for this evaluation, including the timeline for completion; and ``(D) the total cost of the pay-for-success project and an assurance that the eligible entity will meet the funding requirement described in subsection (d), and an identification of the sources of the funding. ``(d) Project Funding.-- ``(1) In general.--Each eligible entity receiving a contract under this section shall demonstrate that the eligible entity will provide for the project funds, in cash or through in-kind contributions, from non-Federal sources in an amount equal to 90 percent of the total cost of the pay-for-success project. ``(2) Federal support.--The Secretary shall provide a grant to each eligible entity receiving a contract under this section in an amount equal to 10 percent of the total cost of the pay- for-success project. ``(e) Pay-for-Success Payments.-- ``(1) Additional funds available.--If, upon completion of a pay-for-success project, the Secretary determines, based on the results of the evaluation described in subsection (c)(2)(C), that the pay-for-success project has demonstrated effectiveness in a cost-effective manner and has met the target outcomes described in subsection (c)(2)(B), the Secretary may use funds available under this part to provide additional funds to reimburse the eligible entity carrying out the pay-for-success project for not more than 75 percent of the total cost of the pay-for-success project identified in the application under subsection (c)(2)(D). ``(2) Considerations.--In making the determination under paragraph (1), the Secretary shall take into account the strength and ambition of the target outcomes described in subsection (c)(2)(B). ``(f) Dissemination of Evidence-Based Strategies.--The Director of the Institute of Education Sciences shall broadly disseminate-- ``(1) the evaluations conducted under the contracts under subsection (b), including the data collected through the evaluations; ``(2) successful and evidence-based strategies of eligible entities carrying out pay-for-success projects; and ``(3) information, including project design and evaluation, from such eligible entities regarding practices that were found to be ineffective and, to the extent practicable, an explanation of why.''.

Pay for Student Success Act This bill amends the Higher Education Act of 1965 to require the Department of Education (ED) to contract with eligible entities for pay-for-success projects that develop, implement, evaluate, and promote innovative strategies for increasing the postsecondary education retention and completion rates of students who receive Pell Grants and first-generation postsecondary students. Each entity that receives a contract must provide 90% of the project costs up front. ED may reimburse an entity for no more than 75% of the total project costs if ED determines, based on an independent evaluation, that the project is successful.

Pay for Student Success Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Insurance Accountability Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) The Holocaust, an event in which millions of people endured enormous suffering through torture and other violence, including the murder of 6,000,000 Jews and millions of others, the destruction of families and communities, and the theft of their assets, was one of the most heinous crimes in human history. (2) Before and during World War II, millions of people purchased insurance policies to safeguard family assets, plan for retirement, provide for a dowry, or save for their children's education. (3) When Holocaust survivors or heirs of Holocaust victims presented claims to insurance companies after World War II, many were rejected because they did not have death certificates or physical possession of policy documents that had been confiscated by the Nazis or lost in the devastation of the Holocaust. (4) In many instances, insurance company records and records in government archives are the only proof of the existence of insurance policies belonging to Holocaust victims. (5) Holocaust survivors and heirs have been attempting for decades to persuade insurance companies to settle unpaid insurance claims. (6) In 1998, the International Commission on Holocaust Era Insurance Claims (in this section referred to as the ``ICHEIC'') was established by the National Association of Insurance Commissioners in cooperation with several European insurance companies, European regulators, the Government of Israel, and non-governmental organizations with the promise that it would expeditiously address the issue of unpaid insurance policies issued to Holocaust victims. (7) On July 17, 2000, the United States and Germany signed an Executive Agreement in support of the German Foundation ``Remembrance, Responsibility, and the Future'', which designated the ICHEIC to resolve all Holocaust-era insurance policies issued by German companies and their subsidiaries. (8) On January 17, 2001, the United States and Austria signed an Executive Agreement, which designated the ICHEIC to resolve all Holocaust-era insurance policies issued by Austrian companies and their subsidiaries. (9) Between 1998 and the closing of the ICHEIC claims deadline on December 31, 2003, few names of the Jewish policy holders from Eastern Europe were published, though more than two-thirds of the Jewish population of the territory occupied by the Nazis and their allies were from Eastern Europe. (10) The ICHEIC is scheduled to close in 2007 without the disclosure of thousands of names of policies sold to Jewish residents of Europe prior to World War II as of February of 2007. (11) With the ICHEIC process essentially completed, companies holding Holocaust-era insurance policies continue to withhold names of owners and beneficiaries of thousands of insurance policies sold to Jewish customers prior to World War II. (12) Experts estimate that the value in 2006 of unpaid life, annuity, endowment, and dowry insurance theft from European Jewry from the Holocaust and its aftermath ranges between $17,000,000,000 and $200,000,000,000. (13) As of the latest report by the ICHEIC on February 20, 2007, the value of claims paid in recognition of victims' policies was approximately $250,000,000 and fewer than 5 percent of the policies estimated to have been sold to Jews at the beginning of World War II have been paid through ICHEIC. (14) As of 2006, ICHEIC has not provided the State Department with the information required by paragraphs (3) through (7) of section 704(a) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228), which requires the Secretary of State to report to the appropriate congressional committees on the status of the implementation of the Executive Agreement between Germany and the United States. (15) In American Insurance Association, Inc., v. Garamendi, the United States Supreme Court held that under the supremacy clause of the Constitution of the United States, executive agreements and Federal Government policy calling for insurance claims against German and Austrian companies to be handled within ICHEIC preempted State laws authorizing State insurance commissioners to subpoena company records and require publication of the names of Holocaust era policy holders. (16) In the Garamendi case, the Supreme Court stated that Congress, which has the power to regulate international commerce, and prescribe Federal Court jurisdiction, had not addressed disclosure and restitution of Holocaust victims' insurance policies. (17) Subsequent court decisions have dismissed survivors' suits against Assicurazioni Generali, S.p.A., even though there is no executive agreement between the United States and Italy. (18) Congress believes that United States courts do currently have jurisdiction to entertain actions by Holocaust victims and heirs of Holocaust victims to recover insurance proceeds sold to their families before the Holocaust. (19) Due to lower court interpretations of the Garamendi case, this Act expresses the intent of Congress to legislate to the maximum extent allowed by the Constitution regarding the rights of Holocaust survivors and the heirs and beneficiaries of Holocaust victims to obtain information from insurers and to bring actions in United States courts to recover unpaid funds from entities that participated in the theft of family insurance assets or the affiliates of such entities. (20) The ICHEIC either chose not to pursue or did not put forth sufficient effort to investigate or obtain restitution for forms of insurance other than life, annuity, endowment, or dowry insurance sold to Holocaust victims, despite documentation that other forms of insurance benefits such as property and casualty insurance, disability insurance, health insurance, transport insurance, and marine insurance were also improperly withheld from Jews, nor did the ICHEIC make sufficient effort to investigate the records of reinsurers who provided coverage for Jews' policies prior to World War II, despite evidence that reinsurers and reinsurance played a significant role in the theft of the family assets of Holocaust victims. (21) Disclosures in 2006 concerning the vast Nazi archives at Bad Arolsen Germany, which have been closed to direct access by Holocaust survivors, families of Holocaust victims, and researchers since 1955, underscores the necessity a comprehensive opening of all archival sources of information for Holocaust victims and their families. (22) Insurance payments should be expedited to the victims of the most heinous crime of the 20th Century to ensure that justice is served. (23) States should be allowed to collect Holocaust-era insurance information from any insurance companies that want to do business in such States. (24) Tens of thousands of Holocaust survivors around the world, including in the United States, live below or near the poverty level, and cannot meet their basic day-to-day needs for food, medicine, shelter, and other necessities. (25) This Act will enable survivors, heirs, and beneficiaries to obtain compensation commensurate with the real monetary value of their losses, and to penalize unjustly enriched insurers for their fraudulent, deceptive, and unfair practices, which continue to the present day, and to deter such conduct in the future. (26) Holocaust victims and their families should be able to recover claims arising from Holocaust era insurance policies and the Federal Government should be able to recover for the unjust enrichment of insurers in Federal court when they consider it necessary to seek redress through the judicial system. (27) Under the circumstances faced by Holocaust victims and their families, the courts of the United States should be open to Holocaust victims and their families for a reasonable number of years after enactment of this Act, without regard to any other statutes of limitation. SEC. 3. HOLOCAUST INSURANCE REGISTRY. (a) Establishment and Maintenance.--Chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``Sec. 2119. Holocaust Insurance Registry ``(a) Establishment.--The Archivist shall establish and maintain a collection of records that shall-- ``(1) consist of the information provided to the Archivist under section 5 of the Holocaust Victims Insurance Relief Act of 2007; ``(2) be known as the Holocaust Insurance Registry. ``(b) Public Access to the Records.--The Archivist shall make all the aforementioned records accessible to the public and searchable by means of the Internet and by any other means the Archivist deems appropriate.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``2119. Holocaust Insurance Registry.''. (c) Agreements With European Countries.-- (1) Agreements.--The Secretary of State shall seek to enter into agreements with European countries to make available to the Holocaust Insurance Registry information on covered policies that is stored in the archives or other government repositories of such countries. (2) Report.--Not later than 6 months after the date of the enactment of this Act, and every 6 months thereafter, the Secretary of State shall submit to Congress a report on efforts to carry out this subsection. SEC. 4. DISCLOSURE OF HOLOCAUST-ERA POLICIES BY INSURERS. (a) Requirement.--An insurer shall file, in an electronic format, with the Secretary of Commerce the following information: (1) The first name, last name, date of birth, and domicile of the policyholder of each covered policy issued or reinsured by the insurer or a related company of the insurer. (2) The name of the entity that issued the covered policy. (3) The name of the entity that is responsible for the liabilities of the entity that issued the covered policy. (b) Filing.--Information under subsection (a) shall be filed not later than 90 days after the date of the enactment of this Act. SEC. 5. PROVISION OF INFORMATION TO ARCHIVIST. The Secretary of Commerce shall provide to the Archivist of the United States any information filed with the Secretary under section 4(a) promptly after the filing of such information. SEC. 6. PENALTY. The Secretary of Commerce shall assess a civil penalty of not less than $5,000 for each day that an insurer fails to comply with the requirements of section 4, as determined by the Secretary. SEC. 7. USE OF AMOUNTS RECEIVED AS CIVIL PENALTIES. To the extent or in the amounts provided in advance in appropriation Acts, the Archivist of the United States may use amounts received by the Government as civil penalties under section 6 to maintain the Holocaust Insurance Registry. SEC. 8. NOTIFICATION. (a) Initial Notification.--Not later than 180 days after the date of the enactment of this Act, and periodically thereafter, the Secretary of Commerce shall notify each State's commissioner of insurance of the identity of each insurer that has failed to comply with the requirements of section 4 or has not satisfied any civil penalty for which the insurer is liable under section 6. (b) Requests by States.--On request by the commissioner of insurance of a State concerning an insurer operating in that State, the Secretary of Commerce shall inform the commissioner of insurance whether the insurer has failed to comply with the requirements of section 4 or has not satisfied any civil penalty for which the insurer is liable under section 6. SEC. 9. STATE HOLOCAUST INSURANCE STATUTES. (a) Preemption.--Nothing in this Act preempts-- (1) any State law requiring an insurer in such State to disclose information regarding covered policies sold or for which reinsurance was provided; or (2) any rights or remedies available to a claimant under State law relating to a covered policy. (b) Sense of Congress.--It is the sense of the Congress that if any litigation challenging any State law described in subsection (a) is dismissed because the State's commissioner of insurance chooses to rely on this Act and therefore no longer seeks to enforce the State law, each party should bear its own legal fees and costs. SEC. 10. FEDERAL CAUSE OF ACTION FOR COVERED CLAIMS. (a) Federal Cause of Action.-- (1) In general.--There shall exist a Federal cause of action for any claim arising out of or related to a covered policy against any insurer or related company. (2) Effect on other causes of action.--An action under paragraph (1) shall be maintainable in addition to any cause of action arising under State or international law. (3) Standing.--A claim under paragraph (1) may be brought by the person who purchased such covered policy, a beneficiary or heir of such person, or an assignee of such person or a beneficiary or heir of such person. (4) Treble damages; interest.--In an action under this subsection, the measure of damages shall be not less than three times the amount of-- (A) the claim under the covered policy in United States dollars as of December 31, 1938; and (B) interest at a rate of 6 percent per year compounded annually from the date when the claim for which an action exists under this subsection could have first been made until the date of judgment under this subsection. (5) Attorneys fees.--In an action under this subsection, a court shall award a successful claimant reasonable attorneys fees and costs incurred in investigating and prosecuting the claim. (b) Subject Matter Jurisdiction.--The district courts shall have original jurisdiction of any civil action arising out of or related to a covered policy (whether brought under subsection (a) or otherwise). (c) Personal Jurisdiction.--Notwithstanding any provision of Rule 4 of the Federal Rules of Civil Procedure to the contrary, in a civil action arising from or related to a covered policy (whether brought under subsection (a) or otherwise) commenced in a district where the defendant is not a resident-- (1) the court may exercise jurisdiction over such defendant on any basis not inconsistent with the Constitution of the United States; and (2) service of process, summons, and subpoena may be made on such defendant in any manner not inconsistent with the Constitution of the United States. (d) Retroactive Application.--This Act shall apply retroactively to any claim arising out of or related to a covered policy to the fullest extent permitted by the Constitution of the United States, including claims previously dismissed on the ground of executive preemption and claims for which class action settlements occurring prior to the effective date of this Act purport to effect a release of claims not accompanied by an actual payment. (e) Statute of Limitations.--Any action brought under this Act shall be filed not later than 10 years after the effective date of this Act. SEC. 11. DEFINITIONS. In this Act: (1) Commissioner of insurance.--The term ``commissioner of insurance'' means the highest ranking officer of a State responsible for regulating insurance. (2) Covered policy.--The term ``covered policy'' means any life, dowry, education, property or other insurance policy that was-- (A) in effect at any time after January 30, 1933, and before December 31, 1945; and (B) issued to a policyholder domiciled in any area that was occupied or controlled by Nazi Germany or by any ally or sympathizer of Nazi Germany at any time during the period described in subparagraph (A). (3) Insurer.--The term ``insurer'' means any person engaged in the business of insurance (including reinsurance) in interstate or foreign commerce, if the person or a related company of the person issued or reinsured a covered policy, regardless of when the related company became a related company of the insurer. (4) Related company.--The term ``related company'' means an affiliate, as that term is defined in section 104(g) of the Gramm-Leach-Bliley Act (15 U.S.C. 6701(g)).

Holocaust Insurance Accountability Act of 2008 - (Sec. 3) Requires insurers of Holocaust-era policies to: (1) respond within 90 days to written inquiries from eligible persons regarding such polices; (2) provide to such persons all information in the possession of such insurer regarding whether such person is a potential beneficiary; and (3) notify the Holocaust Claims Processing Office (HCPO) immediately in writing of the inquiry, with a copy of all acknowledgments and information provided to such eligible person. Terminates such requirement 10 years after enactment of this Act. Instructs the Secretary of State to: (1) seek to enter into an agreement with each European country with which no appropriate agreement exists to facilitate such response requirements; and (2) report annually to Congress on implementation of this Act. (Sec. 4) Authorizes the Secretary of the Treasury (Secretary) to enter into an agreement with the HCPO to: (1) monitor compliance with requirements of this Act; (2) notify the Secretary of the identity of any insurer not complying with this Act within 30 days after the failure to comply; and (3) notify the certain congressional committees annually, including the Secretary and the Secretary of State, of the identity of each non-compliant insurer. Provides for the transfer of specified funds to the HCPO to implement its monitoring functions. (Sec. 5) Instructs the Secretary to assess a civil penalty of not less than $5,000 for each day that an insurer fails to comply with the requirements of this Act. Authorizes the Secretary to seek to attach a lien on any payment from a U.S. domiciliary subsidiary of any insurer based outside the United States from which the Secretary is unable to collect a penalty. (Sec. 6) Sets forth a federal cause of action for any claim against an insurer arising out of or related to a covered policy. (Sec. 7) Expresses the sense of Congress that claimants have the right to opt out of new or ongoing class action proceedings relating to claims based on Holocaust-era insurance policies. (Sec. 8) Directs the Secretary to instruct the U.S. Executive Director at the European Bank for Reconstruction and Development to use the voice and vote of the United States to create and advocate the policies of the Bank to encourage Eastern European countries to engage in and pursue restitution programs in compliance with this Act.

To require disclosure of Holocaust-era policies by insurers and establish a federal cause of action for claims arising out of a covered policy.

SECTION 1. MARJORY STONEMAN DOUGLAS WILDERNESS AND ERNEST F. COE VISITOR CENTER, EVERGLADES NATIONAL PARK. (a) Findings.--The Congress finds the following: (1) Marjory Stoneman Douglas, through her book, ``The Everglades: River of Grass'' (1947), defined the Everglades for the American people and for the world. Her book was the first to stimulate widespread understanding of the Everglades ecosystem and ultimately served to awaken the desire to restore its health. (2) In her 107th year, Mrs. Douglas is the sole surviving member of the original group of people who devoted decades of selfless effort to establish Everglades National Park. (3) When the water supply and ecology of the Everglades, both within and outside the park, became threatened by drainage and development, Mrs. Douglas dedicated the balance of her life to the defense of the Everglades through extraordinary personal effort and by inspiring countless other people to take action. (4) For these and many other accomplishments, the President awarded Mrs. Douglas the Medal of Freedom on Earth Day, 1994. (5) Ernest F. Coe (1886-1951) was a leader in the creation of Everglades National Park. He organized the Tropic Everglades National Park Association in 1928 and was widely regarded as the ``Father of Everglades National Park''. (6) As a landscape architect, Mr. Coe's vision for the park recognized the need to protect south Florida's diverse wildlife and their habitats for future generations. His original park proposal included lands and waters subsequently protected within Everglades National Park, the Big Cypress National Preserve, and the Florida Keys National Marine Sanctuary. (7) Mr. Coe's leadership, selfless devotion, and commitment to achieving this vision culminated in the authorization of Everglades National Park by Congress in 1934. Afterwards, Mr. Coe fought tirelessly and lobbied strenuously for establishment of the park, finally realizing his dream in 1947. He accomplished much of this work at his own expense, which dramatically demonstrated his commitment to establishment of the park. (b) Purpose.--It is the purpose of this section to commemorate the vision, leadership, and enduring contributions of Marjory Stoneman Douglas and Ernest F. Coe in the protection of the Everglades and the establishment of Everglades National Park. (c) Marjory Stoneman Douglas Wilderness.-- (1) Redesignation.--Section 401(3) of the National Parks and Recreation Act of 1978 (Public Law 95-625; 92 Stat. 3490; 16 U.S.C. 1132 note) is amended by striking out ``to be known as the Everglades Wilderness'' and inserting ``to be known as the Marjory Stoneman Douglas Wilderness to commemorate the vision and leadership shown by Mrs. Douglas in the protection of the Everglades and the establishment of Everglades National Park''. (2) Notice of redesignation.--As part of the redesignation of the ``Everglades Wilderness'' as the ``Marjory Stoneman Douglas Wilderness'' under paragraph (1), the Secretary of the Interior shall provide such notification of the redesignation by signs, materials, maps, markers, interpretive programs, and other means (including changes in existing signs, materials, maps, and markers) as will adequately inform the public of the redesignation of the wilderness area and the reasons therefor. (3) References.--Any reference in any law, regulation, document, record, map, or other paper of the United States to the ``Everglades Wilderness'' shall be considered to be a reference to ``Marjory Stoneman Douglas Wilderness''. (d) Ernest F. Coe Visitor Center.-- (1) Designation.--Section 103 of the Everglades National Park Protection and Expansion Act of 1989 (16 U.S.C. 410r-7) is amended by adding at the end the following new subsection: ``(f) Ernest F. Coe Visitor Center.--Upon completion of construction of the main visitor center facility at the headquarters of Everglades National Park, the Secretary of the Interior shall designate the visitor center facility as `The Ernest F. Coe Visitor Center' to commemorate the vision and leadership shown by Mr. Coe in the establishment and protection of Everglades National Park.''. (2) Conforming amendment.--Subsection (e) of such section is amended by striking ``Visitor Center'' and inserting ``Marjory Stoneman Douglas Visitor Center''. (3) Technical correction.--Subsection (c)(2) of such section is amended by striking ``personnally-owned'' and inserting ``personally-owned''.

Amends the National Parks and Recreation Act of 1978 to redesignate the Everglades Wilderness in Everglades National Park, Florida, as the Marjory Stoneman Douglas Wilderness, and amends the Everglades National Park Protection and Expansion Act of 1989 to require the Secretary of the Interior to designate the main visitor center facility at the Park's headquarters as the Ernest F. Coe Visitor Center, to commemorate such individuals' vision and leadership in the establishment and protection of the Park.

To amend the National Parks and Recreation Act of 1978 to designate the Marjory Stoneman Douglas Wilderness and to amend the Everglades National Park Protection and Expansion Act of 1989 to designate the Ernest F. Coe Visitor Center.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sell Fuel Efficient Cars Act of 2008''. SEC. 2. PASSENGER AUTOMOBILE TRADE-IN PROGRAM. (a) Definitions.--In this section: (1) Automobile, fuel, manufacturer, passenger automobile.-- The terms ``automobile'', ``fuel'', ``manufacturer'', and ``passenger automobile'' have the meaning given such terms in section 32901 of title 49, United States Code. (2) Eligible individual.--The term ``eligible individual'' means an individual-- (A) who does not have more than 3 passenger automobiles registered under his or her name; (B) who filed a return of Federal income tax for a taxable year beginning in 2007, and, if married for such taxable year (as determined under section 7703 of the Internal Revenue Code of 1986), filed a joint return; (C) who is not an individual with respect to whom a deduction under section 151 of the Internal Revenue Code of 1986 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins; (D) whose adjusted gross income reported in such return was not more than $25,000 ($40,000 in the case of a joint tax return or a return filed by a head of household (as defined in section 2(b) of the Internal Revenue Code of 1986)); (E) who has not acquired an automobile under the Program; and (F) who did not file such return jointly with another individual who has acquired an automobile under the Program. (3) Eligible new automobile.-- (A) In general.--The term ``eligible new automobile'', with respect to a trade of an eligible old automobile by an eligible individual under the Program, means a passenger automobile that-- (i) has never been registered in any jurisdiction; (ii) was manufactured by an automobile manufacturer that has-- (I) operations in the United States, the failure of which would have a systemic adverse effect on the overall economy of the United States or a significant loss of United States jobs, as determined by the Secretary; and (II) operated a manufacturing facility that produced automobiles or automobile components in the United States throughout the 20-year period ending on the date of the enactment of this Act; (iii) was assembled in the United States; and (iv) has a fuel economy that-- (I) is not less than 25 miles per gallon, as determined by the Administrator of the Environmental Protection Agency using the 5-cycle fuel economy measurement methodology of such Agency; and (II) has a fuel economy that is more than 4.9 miles per gallon greater than the fuel economy of such eligible old automobile, as determined by the Administrator using the 2-cycle fuel economy measurement methodology of such Agency for both automobiles. (B) Fuel economy testing methodologies.--If a passenger automobile described in subclause (I) or (II) of subparagraph (A)(iv) has not been measured using the respective methodologies described such subclauses, the Administrator may estimate what such measurement would be if the Administrator were to use the respective methodology for purposes of determining the fuel economy under such subclauses. (4) Eligible old automobile.--The term ``eligible old automobile'', with respect to a trade for an eligible new automobile by an eligible individual under the Program, means a passenger automobile that-- (A) is operable; (B) was first registered in any jurisdiction by any person not less than 10 years before the date on which such trade is initiated; (C) is registered under such eligible individual's name on the date on which such trade is initiated; and (D) was registered under such eligible individual's name before December 1, 2008. (5) Fuel economy.--The term ``fuel economy'' means the average number of miles traveled by an automobile for each gallon of gasoline (or equivalent amount of other fuel) used, as determined by the Administrator of the Environmental Protection Agency. (6) Program.--The term ``Program'' means the Passenger Automobile Trade-In Program established under subsection (b). (7) Secretary.--The term ``Secretary'' means the Secretary of the Treasury, or the Secretary's designee. (b) Program Established.--The Secretary shall establish the Passenger Automobile Trade-In Program to provide eligible individuals with subsidies to purchase eligible new automobiles in exchange for eligible old automobiles. (c) Duration of Program.--The Program shall commence on the date on which the Secretary prescribes regulations under subsection (g) and shall terminate on December 31, 2009. (d) Trades.-- (1) In general.--Except as otherwise provided in this subsection, if an eligible individual and a seller of an eligible new automobile initiate a trade as described in subsection (e) for such new automobile with an eligible old automobile of the eligible individual, the Secretary shall provide to the seller of such new automobile $10,000. (2) Limitation on purchase price of eligible new automobiles.--The Secretary may not make any payment under this subsection for a trade for an eligible new automobile under the Program if the purchase price of such new automobile exceeds the manufacturer's suggested retail price for such new automobile. (3) Compensation for delayed payments.--In the case that a payment under this subsection to a seller for a trade under the Program is delayed, the Secretary shall provide to such seller the amount otherwise determined under this subsection plus interest at the overpayment rate established under section 6621 of the Internal Revenue Code of 1986. (e) Initiation of Trade.--An eligible individual and the seller of an eligible new automobile initiate a trade under the Program for such eligible new automobile with an eligible old automobile of such individual if-- (1) the eligible individual, or the eligible individual's designee, drives such old automobile to the location of such seller; (2) the eligible individual provides to the seller-- (A) such old automobile; and (B) an amount (if any) equal to the difference between-- (i) the purchase price of such new automobile; and (ii) the amount the Secretary is required to provide to the seller under subsection (d); and (3) the eligible individual and the seller notify the Secretary of such trade at such time and in such manner as the Secretary considers appropriate. (f) Disposal of Eligible Old Automobiles.-- (1) In general.--A seller who receives an eligible old automobile in exchange for an eligible new automobile under the Program shall deliver such old automobile to an appropriate location for proper destruction and disposal as determined by the Secretary. (2) Compensation.--The Secretary shall compensate a seller described in paragraph (1) for costs incurred by such seller under such paragraph in such amounts or at such rates as the Secretary considers appropriate. (g) Regulations.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall prescribe rules to carry out the Program. (2) Expedited procedures for rulemaking.--The provisions of chapter 5 of title 5, United States Code, shall not apply to regulations prescribed under paragraph (1). (h) Direct Spending Authority.-- (1) In general.--There is authorized to be appropriated and is appropriated to the Secretary such sums as may be necessary to carry out the Program. (2) Emergency designation.--Amounts appropriated pursuant to paragraph (1) are designated as an emergency requirement and necessary to meet emergency needs pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent resolutions on the budget for fiscal years 2008 and 2009.

Sell Fuel Efficient Cars Act of 2008 - Directs the Secretary of the Treasury to establish the Passenger Automobile Trade-In Program to provide eligible individuals with subsidies to purchase eligible new automobiles in exchange for eligible old automobiles. Defines as eligible individuals those who (among other requirements) do not have more than three passenger automobiles registered under his or her name and whose adjusted gross income was not more than $25,000 ($40,000 in the case of a joint tax return). Defines as eligible new automobiles (among other requirements) those that were manufactured by a U.S. automaker whose failure would have a systemic adverse effect on the overall U.S. economy, were assembled in the United States, and have a fuel economy of not less than 25 miles per gallon (MPG) or more than 4.9 MPG greater than the eligible old automobile. Defines as eligible old automobiles (among other requirements) those that are operable, were first registered by any person not less than ten years before a trade is initiated, and are registered under the eligible individual's name before December 1, 2008. Directs the Secretary to provide $10,000 to the seller (automaker) of each new automobile who trades a new automobile to an eligible individual in exchange for an old automobile. Requires the eligible individual to pay the seller the difference between the purchase price of the new automobile and the $10,000 provided by the Secretary. Requires eligible old automobiles to be destroyed and disposed of.

A bill to require the Secretary of the Treasury to carry out a program to enable certain individuals to trade certain old automobiles for certain new automobiles, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jacob Sexton Military Suicide Prevention Act of 2013''. SEC. 2. PILOT PROGRAM ON ONLINE COMPUTERIZED ASSESSMENT TO ENHANCE DETECTION OF BEHAVIORS INDICATING A RISK OF SUICIDE AND OTHER MENTAL HEALTH CONDITIONS IN MEMBERS OF THE ARMED FORCES. (a) Findings.--Congress makes the following findings: (1) According to the Department of Veterans Affairs and the Centers for Disease Control and Prevention, at least 30,137 members of the Armed Forces and veterans have committed suicide since the Department of Defense began closely tracking these incidents in 2009. (2) In 2012 alone, approximately 349 members of the Armed Forces, including the National Guard and Reserve, committed suicide, which is more than the total number of members who died in combat operations in 2012. This number does not include the more than 6,000 veterans who committed suicide in 2012. (3) During a March 21, 2013, hearing of the Committee on Armed Services of the House of Representatives, Jacqueline Garrick, acting director of the Defense Suicide Prevention Office of the Department of Defense (DPSO), stated that ``[l]ess than half [of the suicide victims] had deployed, and few were involved in combat''. This statement is consistent with current research, which has shown other risk factors, such as relationships, legal or financial issues and alcohol or drug usage play a larger role than a member's deployment history. Garrick also told the Committee that many of these suicidal victims did not communicate their intent, nor did they have known behavioral health histories. (b) Sense of Congress.--It is the sense of Congress that, as the United States draws down combat operations in Afghanistan, the Department of Defense should continue to seek to identify tools to assist in the identification of behavior indicating a risk suicide in members of the Armed Forces. (c) Pilot Program Required.--The Secretary of Defense shall carry out a pilot program to assess the feasibility and advisability of using an online computerized assessment to assist the Department of Defense in detecting behaviors in members of the Armed Force that indicate a risk of suicide or other mental health conditions. (d) Participating Members.--The Secretary shall carry out the pilot program using the following, as selected by the Secretary at random for purposes of the pilot program: (1) 1,000 members of the regular component of the Army. (2) 1,000 members of the regular component of the Navy. (3) 1,000 members of the regular component of the Air Force. (4) 1,000 members of the regular component of the Marine Corps. (5) 500 members of the Army Reserve. (6) 500 members of the Army National Guard of the United States. (7) 500 members of the Navy Reserve. (8) 500 members of the Air Force Reserve. (9) 500 members of the Air National Guard of the United States. (10) 500 members of Marine Corps Reserve. (e) Online Computerized Assessments.-- (1) In general.--In carrying out the pilot program, the Secretary shall require each member of the Armed Forces selected to participate in the pilot program to undertake two online computerized assessments. (2) Elements.--The assessments under this subsection shall be designed to obtain such information on behaviors that indicate a risk of suicide or other mental health conditions as the Secretary shall include in the assessments for purposes of the pilot program, including, but not limited to, work performance, use and abuse of alcohol and other substances, financial matters, and relationship and social matters. (3) Timing.--The assessments under this subsection shall be undertaken by a member at the same time the member undertakes each of the first two annual periodic health assessments (PHAs) in connection with service in the Armed Forces that are required of the member by the Department after the selection of the member for participation in the pilot program. (f) Command Questionnaires.-- (1) In general.--At the same time a member of the Armed Forces undertakes an online computerized assessment under subsection (e), the member of the Armed Forces first superior to such member in the chain of command shall undertake a questionnaire on the behavior of such member, including, but not limited to, behavior that indicates a risk of suicide or other mental health conditions. (2) Elements.--The questionnaires under this subsection shall be designed to obtain information on the members covered by the questionnaires so as to verify the accuracy of the information provided by such members in undertaking assessments under subsection (e). (g) Referral.--As part of pilot program, the Secretary shall ensure that any member of the Armed Forces determined to have behavior indicating a risk of suicide or another mental health condition is referred to an appropriate mental health care provider for further assessment, care, and services in accordance with applicable procedures. (h) Control Groups.--In carrying out the pilot program, the Secretary shall establish one or more control groups whose behavior and experiences during the course of the pilot program permit comparison with the behavior and experiences of members participating in the pilot program. Each control group shall consist of such members of the Armed Forces as the Secretary shall identify for purposes of the pilot program. (i) Privacy Matters.-- (1) In general.--The privacy of any medical or other information obtained on members of the Armed Forces under this section shall be protected in accordance with the laws on privacy applicable to such information. (2) Prohibition on certain uses.--No information obtained on a member under this section may be used in determining the promotion or advancement of the member or any other benefit for which the member may be eligible. (3) Exclusion of personally identifiable information from reports.--No personally identifiable information on members may be included in any report under subsection (j). (j) Report.-- (1) Report required.--Not later than 180 days after the date on which all the members of the Armed Forces participating in the pilot program have completed both of the online computerized assessments required by subsection (e) for purposes of the pilot program, the Secretary shall submit to the appropriate committees of Congress a report on the pilot program. (2) Elements.--The report under paragraph (1) shall include the following: (A) A description of the pilot program, including a detailed description of the assessments used for purposes of subsection (e) and the questionnaires used for purposes of subsection (f). (B) A summary of the various behaviors detected through the assessments and questionnaires. (C) A description of the number of members identified as being at risk of suicide or other mental health conditions, and an assessment of the correlation between the risks identified and the various behaviors detected. (D) If care and services were provided to members pursuant to subsection (g), a description of such care and services and an assessment of the effectiveness of such care and services. (E) A description of the number of members participating in the pilot program who committed suicide. (F) A description of the control groups established pursuant to subsection (h), and a comparative analysis of the behavior and experiences of members of such control groups during the pilot program with the behavior and experiences of members participating in the pilot program, including on matters relating to suicidal ideations, suicides attempted, and suicides committed. (G) A comparative analysis of the rate of suicide among members participating in the pilot program, members of the control groups established pursuant to subsection (h), and the general population of each of the Armed Forces. (H) Such recommendations for extension or expansion of the pilot program as the Secretary considers appropriate in light of the pilot program, including recommendations on the feasibility and advisability of incorporating the online computerized assessments under the pilot program in the online questionnaire of the annual periodic health assessments (PHA) in connection with service in the Armed Forces that are required by the Department. (k) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (2) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives.

Jacob Sexton Military Suicide Prevention Act of 2013 - Expresses the sense of Congress that, as the United States draws down combat operations in Afghanistan, the Department of Defense (DOD) should continue to seek to assist in the identification of behavior indicating a risk of suicide in members of the Armed Forces (members). Directs the Secretary of Defense to carry out a pilot program to assess the feasibility and advisability of using an online computerized assessment to assist DOD in detecting behaviors in members that indicate a risk of suicide or other mental health conditions. Requires: (1) 1,000 members of each regular component and 500 members of each reserve and National Guard component to be used in the pilot program, and (2) each participating member to complete two assessments. Requires the first superior officer of each participating member to also complete a computerized assessment on the behavior of that member as it relates to the risk of suicide or other mental health conditions. Requires each member determined under the pilot program to have behavior indicating a risk of suicide or other mental health conditions to be referred to an appropriate mental health care provider for further assessment, care, and services. Directs the Secretary to establish one or more control groups whose behavior permit comparison with the behavior and experiences of the participants. Provides for the privacy of any medical or other information obtained under the pilot program. Prohibits information obtained from being used in determining the promotion or advancement of the member. Excludes the use of participant personally identifiable information in any required report.

Jacob Sexton Military Suicide Prevention Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mohegan Nation of Connecticut Land Claims Settlement Act of 1994''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The Mohegan Tribe of Indians of Connecticut received recognition by the United States pursuant to the administrative process under part 83 of title 25 of the Code of Federal Regulations. (2) The Mohegan Tribe of Indians of Connecticut is the successor in interest to the aboriginal entity known as the Mohegan Indian Tribe. (3) The Mohegan Tribe has existed in the geographic area that is currently the State of Connecticut for a long period preceding the colonial period of the history of the United States. (4) Certain lands were sequestered as tribal lands by the Colony of Connecticut and subsequently by the State of Connecticut. (5) The Mohegan Tribe of Indians of Connecticut v. State of Connecticut, et al. (Civil Action No. H-77-434, pending before the United States District Court for the Southern District of Connecticut) relates to the ownership of certain lands within the State of Connecticut. (6) Such action will likely result in economic hardships for residents of the State of Connecticut, including residents of the town of Montville, Connecticut, by encumbering the title to lands in the State, including lands that are not currently the subject of the action. (7) The State of Connecticut and the Mohegan Tribe have executed agreements for the purposes of resolving all disputes between the State of Connecticut and the Mohegan Tribe and providing a settlement for the action referred to in paragraph (5). (8) In order to implement the agreements referred to in paragraphs (5) and (6) of section 3 that address matters of jurisdiction with respect to certain offenses committed by and against members of the Mohegan Tribe and other Indians in Indian country and matters of gaming-related development, it is necessary for the Congress to enact legislation. (9) The town of Montville, Connecticut, will-- (A) be affected by the loss of a tax base from, and jurisdiction over, lands that will be held in trust by the United States on behalf of the Mohegan Tribe; and (B) serve as the host community for the gaming operations of the Mohegan Tribe. (10) The town of Montville and the Mohegan Tribe have entered into an agreement to resolve issues extant between them and to establish the basis for a cooperative government-to-government relationship. (b) Purposes.--The purposes of this Act are as follows: (1) To facilitate the settlement of claims against the State of Connecticut by the Mohegan Tribe. (2) To facilitate the removal of any encumbrance to any title to land in the State of Connecticut that would have resulted from the action referred to in subsection (a). SEC. 3. DEFINITIONS. As used in this Act: (1) Lands or natural resources.--The term ``lands or natural resources'' means any real property or natural resources, or any interest in or right involving any real property or natural resources, including any right or interest in minerals, timber, or water, and any hunting or fishing rights. (2) Mohegan tribe.--The term ``Mohegan Tribe'' means the Mohegan Tribe of Indians of Connecticut, a tribe of American Indians recognized by the United States pursuant to part 83 of title 25, Code of Federal Regulations, and the State of Connecticut pursuant to section 47-59a(b) of the Connecticut General Statutes. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of Connecticut. (5) State agreement.--The term ``State Agreement'' means the Agreement between the Mohegan Tribe and the State of Connecticut, executed on May 17, 1994, by the Governor of the State of Connecticut and the Chief of the Mohegan Tribe, that was filed with the Secretary of State of the State of Connecticut. (6) Town agreement.--The term ``Town Agreement'' means the agreement executed on June 16, 1994, by the Mayor of the town of Montville and the Chief of the Mohegan Tribe. (7) Transfer.--The term ``transfer'' includes any sale, grant, lease, allotment, partition, or conveyance, any transaction the purpose of which is to effect a sale, grant, lease, allotment, partition, or conveyance, or any event that results in a change of possession or control of land or natural resources. SEC. 4. ACTION BY SECRETARY. (a) In General.--The Secretary is authorized to carry out the duties specified in subsection (b) at such time as the Secretary makes a determination that-- (1) in accordance with the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.), the State of Connecticut has entered into a binding compact with the Mohegan Tribe providing for class III tribal gaming operations (as defined in section 4(8) of such Act (25 U.S.C. 2703(8))); (2) the compact has been approved by the Secretary pursuant to section 11(d)(8) of such Act (25 U.S.C. 2710(d)(8)); and (3) pursuant to transfers carried out pursuant to the State Agreement, the United States holds title to lands described in exhibit B of the State Agreement in trust for the Mohegan Tribe to be used as the initial Indian reservation of the Mohegan Tribe. (b) Publication by Secretary.--If the Secretary makes a determination under subsection (a) that the conditions specified in paragraphs (1) through (3) of that subsection have been met, the Secretary shall publish the determination, together with the State Agreement, in the Federal Register. (c) Effect of Publication.-- (1) In general.--Upon the publication of the determination and the State Agreement in the Federal Register pursuant to subsection (b), a transfer, waiver, release, relinquishment, or other commitment made by the Mohegan Tribe in accordance with the terms and conditions of the State Agreement shall be in full force and effect. (2) Approval by the united states.--(A) The United States hereby approves any transfer, waiver, release, relinquishment, or other commitment carried out pursuant to paragraph (1). (B) A transfer made pursuant to paragraph (1) shall be deemed to have been made in accordance with all provisions of Federal law that specifically apply to transfers of lands or natural resources from, by, or on behalf of an Indian, Indian nation, or tribe of Indians (including the Act popularly known as the ``Trade and Intercourse Act of 1790''; section 4 of the Act of July 22, 1790 (1 Stat. 137, chapter 33)). The approval of the United States made pursuant to subparagraph (A) shall apply to the transfer beginning on the date of the transfer. (d) Extinguishment of Claims.-- (1) In general.--Subject to subsections (f)(2) and (g), the following claims are hereby extinguished: (A) Any claim to land within the State of Connecticut based upon aboriginal title by the Mohegan Tribe. (B) Any other claim that the Mohegan Tribe may have with respect to any public or private lands or natural resources in Connecticut, including any claim or right based on recognized title, including-- (i) any claim that the Mohegan Tribe may have to the tribal sequestered lands bounded out to the Tribe in 1684, consisting of some 20,480 acres lying between the Thames River, New London bounds, Norwich bounds, and Colchester bounds; (ii) any claim that the Mohegan Tribe may have based on a survey conducted under the authority of the Connecticut General Assembly in 1736 of lands reserved and sequestered by the General Assembly for the sole use and improvement of the Mohegan Indian Tribe; and (iii) any claim that the Mohegan Tribe may have based on any action by the State carried out in 1860 or 1861 or otherwise made by the State to allot, reallot, or confirm any lands of the Mohegan Tribe to individual Indians or other persons. (2) Approval by the united states.--An extinguishment made pursuant to this subsection shall be deemed to have been made in accordance with all provisions of Federal law that specifically apply to transfers of lands or natural resources from, by, or on behalf of an Indian, Indian nation, or tribe of Indians (including the Act popularly known as the ``Trade and Intercourse Act of 1790''; section 4 of the Act of July 22, 1790 (1 Stat. 137, chapter 33)). (e) Transfers.--Subject to subsection (g), any transfer of lands or natural resources located within the State of Connecticut, including any such transfer made pursuant to any applicable Federal or State law (including any applicable treaty), made by, from, or on behalf of the Mohegan Tribe or any predecessor or successor in interest of the Mohegan Tribe shall be deemed to be in full force and effect, as provided in subsection (c)(1). (f) Limitation.-- (1) In general.--Except as provided in paragraph (2) and subject to subsection (g), by virtue of the approval by the United States under this section of a transfer of land or the extinguishment of aboriginal title, any claim by the Mohegan Tribe against the United States, any State or political subdivision of a State, or any other person or entity, by the Mohegan Tribe, that-- (A) arises after the transfer or extinguishment is carried out; and (B) is based on any interest in or right involving any claim to lands or natural resources described in this section, including claims for trespass damages or claims for use and occupancy, shall, beginning on the date of the transfer of land or the extinguishment of aboriginal title, be considered an extinguished claim. (2) Exception.--The limitation under paragraph (1) shall not apply to any interest in lands or natural resources that is lawfully acquired by the Mohegan Tribe or a member of the Mohegan Tribe after the applicable date specified in paragraph (1). (g) Statutory Construction.-- (1) Aboriginal interests.--Nothing in this section may be construed to extinguish any aboriginal right, title, interest, or claim to lands or natural resources, to the extent that such right, title, interest, or claim is an excepted interest, as defined under section 1(a) of the State Agreement. (2) Personal claims.--Nothing in this section may be construed to offset or eliminate the personal claim of any individual Indian if the individual Indian pursues such claim under any law of general applicability. SEC. 5. CONVEYANCE OF LANDS TO THE UNITED STATES TO BE HELD IN TRUST FOR THE MOHEGAN TRIBE. (a) In General.--Subject to the environmental requirements that apply to land acquisitions covered under part 151 of title 25, Code of Federal Regulations (or any subsequent similar regulation), the Secretary shall take such action as may be necessary to facilitate the conveyance to the United States of title to lands described in exhibits A and B of the State Agreement. Such lands shall be held by the United States in trust for the use and benefit of the Mohegan Tribe as the initial Indian reservation of the Mohegan Tribe. (b) Consultation.-- (1) In general.--The Secretary shall consult with the appropriate official of the town of Montville concerning any tract of land subject to exhibit B of the State Agreement but not specifically identified in such exhibit with respect to the impact on the town resulting from-- (A) the removal of the land from taxation by the town; (B) problems concerning the determination of jurisdiction; and (C) potential land use conflicts. (2) Statutory construction.--Nothing in this Act may affect the right of the town of Montville to participate, under any applicable law, in decisionmaking processes concerning the acquisition of any lands by the Federal Government to be held in trust for the Mohegan Tribe. SEC. 6. CONSENT OF UNITED STATES TO STATE ASSUMPTION OF CRIMINAL JURISDICTION. (a) In General.--Subject to subsection (b), the consent of the United States is hereby given to the assumption of jurisdiction by the State of Connecticut over criminal offenses committed by or against Indians on the reservation of the Mohegan Tribe. The State shall have such jurisdiction to the same extent as the State has jurisdiction over such offenses committed elsewhere within the State. The criminal laws of the State shall have the same force within such reservation and Indian country as such laws have elsewhere within the State. (b) Statutory Construction.-- (1) Effect on concurrent jurisdiction of the mohegan tribe.-- The assumption of criminal jurisdiction by the State pursuant to subsection (a) shall not affect the concurrent jurisdiction of the Mohegan Tribe over matters concerning such criminal offenses. (2) Statutory construction.--The assumption of criminal jurisdiction by the State pursuant to subsection (a) shall not be construed as a waiver of the jurisdiction of the United States under section 1153 of title 18, United States Code. SEC. 7. RATIFICATION OF TOWN AGREEMENT. (a) In General.--Notwithstanding any other provision of law, the consent of the United States is hereby given to the Town Agreement and the Town Agreement shall be in full force and effect. (b) Approval of Town Agreement.--The Secretary shall approve any subsequent amendments made to the Town Agreement after the date of enactment of this Act that are-- (1) mutually agreed on by the parties to the Town Agreement; and (2) consistent with applicable law. SEC. 8. GENERAL DISCHARGE AND RELEASE OF OBLIGATIONS OF STATE OF CONNECTICUT. Except as expressly provided in this Act, the State Agreement, or the Town Agreement, this Act shall constitute a general discharge and release of all obligations of the State of Connecticut and the political subdivisions, agencies, departments, officers, or employees of the State of Connecticut arising from any treaty or agreement with, or on behalf of, the Mohegan Tribe or the United States as trustee for the Mohegan Tribe. SEC. 9. EFFECT OF REVOCATION OF STATE AGREEMENT. (a) In General.--If, during the 15-year period beginning on the date on which the Secretary publishes a determination pursuant to section 4(b), the State Agreement is invalidated by a court of competent jurisdiction, or if the gaming compact described in section 4(a)(1) or any agreement between the State of Connecticut and the Mohegan Tribe to implement the compact is invalidated by a court of competent jurisdiction-- (1) the transfers, waivers, releases, relinquishments, and other commitments made by the Mohegan Tribe under section 1(a) of the State Agreement shall cease to be of any force or effect; (2) section 4 of this Act shall not apply to the lands or interests in lands or natural resources of the Mohegan Tribe or any of its members, and the title to the lands or interests in lands or natural resources shall be determined as if such section were never enacted; and (3) the approval by the United States of prior transfers and the extinguishment of claims and aboriginal title of the Mohegan Tribe otherwise made under section 4 shall be void. (b) Right of Mohegan Tribe To Reinstate Claim.-- (1) In general.--If a State Agreement or compact or agreement described in subsection (a) is invalidated by a court of competent jurisdiction, the Mohegan Tribe or its members shall have the right to reinstate a claim to lands or interests in lands or natural resources to which the Tribe or members are entitled as a result of the invalidation, within a reasonable time, but not later than the later of-- (A) 180 days after the Mohegan Tribe receives written notice of such determination of an invalidation described in subsection (a); or (B) if the determination of the invalidation is subject to an appeal, 180 days after the court of last resort enters a judgment. (2) Defenses.--Notwithstanding any other provision of law, if a party to an action described in paragraph (1) reinstates the action during the period described in paragraph (1)(B)-- (A) no defense, such as laches, statute of limitations, law of the case, res judicata, or prior disposition may be asserted based on the withdrawal of the action and reinstatement of the action; and (B) the substance of any discussions leading to the State Agreement may not be admissible in any subsequent litigation, except that, if any such action is reinstated, any defense that would have been available to the State of Connecticut at the time the action was withdrawn-- (i) may be asserted; and (ii) is not waived by anything in the State Agreement or by subsequent events occurring between the withdrawal action and commencement of the reinstated action. SEC. 10. JUDICIAL REVIEW. (a) Jurisdiction.--Notwithstanding any other provision of law, during the period beginning on the date of enactment of this Act and ending on the date that is 180 days after such date, the United States District Court for the Southern District of Connecticut shall have exclusive jurisdiction over any action to contest the constitutionality of this Act or the validity of any agreement entered into under the authority of this Act or approved by this Act. (b) Deadline for Filing.--Effective with the termination of the period specified in subsection (a), no court shall have jurisdiction over any action to contest the constitutionality of this Act or the validity of any agreement entered into under the authority of this Act or approved by this Act, unless such action was filed prior to the date of termination of the period specified in subsection (a). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Mohegan Nation of Connecticut Land Claims Settlement Act of 1994 - Provides for the settlement of land claims between the Mohegan Tribe and the State of Connecticut and its subdivisions. Ratifies the Agreement between the Tribe and the Town of Montville. Authorizes the Secretary of the Interior to take and hold certain lands in trust for the Mohegan Tribe as its initial reservation upon satisfaction of certain environmental requirements. Extends Connecticut criminal jurisdiction over the Mohegan Reservation.

Mohegan Nation of Connecticut Land Claims Settlement Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Miami Nation of Indiana Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Miami Nation of Indians of the State of Indiana, Inc., an Indian nonprofit 501(c)(3) tax-exempt corporation, is the modern day governing body of the Miami Nation of Indiana, also known as the Miami Indians of Indiana or the Indiana Miamis (collectively referred to herein as the ``Miamis''), which is the descendant of, and the political successor to, the signatory of the Treaty of 1854 (10 Stat. 1093). (2) Historically, the Miamis lived in northern and central Indiana. (3) Between 1795 and 1840, the Miamis entered into a number of treaties with the United States ceding millions of acres of land to the Federal Government. (4) In some of those treaties, tracts of land were reserved for individual tribal members or for bands of Miamis. (5) The 1840 Treaty required all members of the Miamis to remove from Indiana to territory west of the Mississippi River but the Miamis strongly resisted removal to the Kansas Territory. (6) In early 1846, the Commissioner of Indian Affairs ordered annuity payments withheld until the Miamis were removed, and thereafter about one-half of the Miamis were forcibly removed to the Kansas Territory. (7) After this emigration, some of the Miamis resided in the Kansas Territory and some of the Miamis resided in Indiana. (8) In 1854, the Federal Government entered into treaty negotiations with the Miamis who remained in Indiana and thereby recognized them as a separate Indian tribe--the Indiana Miamis. (9) Congress subsequently enacted legislation specifically concerning treaties with the Indiana Miamis on a government-to- government basis and extended the Federal trust relationship to the Indiana Miamis. (10) In 1897, the Secretary of the Interior, based on an opinion by then Assistant Attorney General Willis Van Devanter, withdrew the acknowledgement of the Indiana Miamis as a federally recognized Indian tribe. (11) Congress has never terminated the Indiana Miamis or authorized the Secretary of the Interior to terminate the Indiana Miamis, as a result of which the 1897 administrative termination by the Secretary of the Interior was ultra vires and of no effect. (12) Tribes elsewhere, including the Miami Tribe of Oklahoma, at Miami, Oklahoma, received services from the Federal Government and were extended benefits of the Indian Reorganization Act (25 U.S.C. 461 et seq.). (13) In spite of the denial of recognition and the right to organize under the Indian Reorganization Act (25 U.S.C. 461 et seq.), the Indiana Miamis have continued to carry out governmental functions through a tribal council from the treaty times through the present day. (14) In 1990, the Department of the Interior admitted that the opinion of Attorney General Van Devanter was incorrect and that the trust relationship with the Indiana Miamis was wrongfully terminated, but nothing has been done to remedy the error. (15) For more than 100 years there has been administrative neglect, violation of treaty and statutory obligations of trusteeship, and misapplication of Federal law and regulations with regard to the Indiana Miamis. (16) The injustice to the Indiana Miamis described in this section should be corrected and their dignity and self-esteem, individually and collectively, should be returned by restoration of Federal recognition to the Indiana Miamis. SEC. 3. DEFINITIONS. For purposes of this Act: (1) The term ``Tribe'' means the Miami Nation of Indiana. (2) The term ``Secretary'' means the Secretary of the Interior. (3) The term ``member'' means an individual who meets the membership criteria of the tribe. (4) The term ``State'' means the State of Indiana. (5) The term ``reservation'' means those lands acquired and held in trust by the Secretary for the benefit of the Tribe. (6) The term ``service area'' means the State of Indiana. SEC. 4. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES. (a) Federal Recognition.--Federal recognition is hereby restored to the Tribe. Except as otherwise provided in this Act, all laws and regulations of general application to Indians and nations, tribes, or bands of Indians that are not inconsistent with any specific provision of this Act shall be applicable to the Tribe and its members. (b) Restoration of Rights and Privileges.--Except as provided in subsection (d), all rights and privileges of the Tribe and its members under any Federal treaty, Executive order, agreement, or statute, or under any other authority which were diminished or lost by virtue of the 1897 decision of the Secretary of the Interior which terminated Federal acknowledgement are hereby restored. (c) Federal Services and Benefits.-- (1) In general.--Without regard to the existence of a reservation, the Tribe and its members shall be eligible, on and after the date of enactment of this Act for all Federal services and benefits furnished to federally recognized Indian tribes or their members. For the purposes of Federal services and benefits available to members of federally recognized Indian tribes residing on a reservation, members of the Tribe residing in the Tribe's service area shall be deemed to be residing on a reservation. (2) Relation to other laws.--The eligibility for or receipt of services and benefits under paragraph (1) by the Tribe or individual shall not be considered as income, resources, or otherwise when determining the eligibility for or computation of any payment or other benefit to the Tribe, individual, or household under-- (A) any financial aid program of the United States, including grants and contracts subject to the Indian Self-Determination Act; or (B) any other benefit to which such tribe, household, or individual would otherwise be entitled under any Federal or federally assisted program. (d) Hunting, Fishing, Trapping, Gathering, and Water Rights.-- Nothing in this Act shall expand, reduce, or affect in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and its members. (e) Certain Rights Not Altered.--Except as specifically provided in this Act, nothing in this Act shall alter any property right or obligation, any contractual right or obligation, or any obligation for taxes levied. SEC. 5. TRANSFER OF LAND TO BE HELD IN TRUST. (a) Lands To Be Taken in Trust.--Upon application by the Tribe, the Secretary shall accept into trust for the benefit of the Tribe any real property located in the State of Indiana, for the benefit of the Tribe after the property is conveyed or otherwise transferred to the Secretary and if, at the time of such conveyance or transfer, there are no adverse legal claims to such property, including outstanding liens, mortgages, or taxes. (b) Former Trust Lands of the Tribe.--Subject to the conditions specified in this section, real property eligible for trust status under this section shall include any land within the Tribe's service area. (c) Lands To Be Part of Reservation.--Any real property taken into trust for the benefit of the Tribe pursuant to this Act shall be part of the Tribe's reservation. (d) Gaming Rights Suspended.--This Act reserves all rights by the Miami Nation of Indiana to engage in all classes of gaming pursuant to the Indian Gaming Regulatory Act; however, class III gaming shall only be allowed with the express approval of Congress. (e) Lands To Be Nontaxable.--Any real property taken into trust for the benefit of the Tribe pursuant to this section shall be exempt from all local, State, and Federal taxation as of the date that such land is transferred to the Secretary. SEC. 6. MEMBERSHIP ROLL; CONSTITUTION. Upon submission by the Tribe, the Secretary shall accept the current membership roll of the Tribe, its present membership criteria, and its existing constitution.

Provides for any lands in Indiana transferred to the Secretary of the Interior, including any of the Tribe's former trust lands, to be taken into trust for the Tribe as part of its reservation. Reserves all rights by the Tribe to engage in all classes of gaming. Declares that class III gaming shall only be allowed with congressional approval.

Miami Nation of Indiana Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Check Cashing Act of 1993''. SEC. 2. LICENSING AND REGULATION OF CHECK CASHING SERVICES. (a) License Requirement.--A person, other than a depository institution, shall not engage in business in issuing, redeeming, or cashing checks, travellers' checks, money orders, or similar instruments, or of transmitting money, unless the person is licensed to engage in that activity by the Commission. (b) Licensing.-- (1) In general.--The Commission may issue a license for engaging in an activity referred to in subsection (a) to any person that meets the requirements established under this section for such a license. (2) Review and approval of licenses.--Before issuing a license under this subsection, the Commission shall review and approve-- (A) the business record and the capital adequacy of the applicant; and (B) the competence, experience, integrity, and financial ability of each individual who-- (i) is the applicant; (ii) is a director, officer, or supervisory employee of the applicant; or (iii) owns or controls the applicant. (3) Limitations on licensing.--The Commission may deny a license under this section to any applicant based on any-- (A) conviction of the applicant for any criminal activity; (B) fraud or other act of personal dishonesty by the applicant; (C) act, omission, or practice by the applicant which constitutes a breach of fiduciary duty; or (D) suspension or removal of the applicant, by any agency or department of the United States or any State, from participation in the conduct of any federally or State license or regulated business. (4) Revocation of license.--A license under this section may be revoked by the Commission if the holder of the license-- (A) engages in any activity for which issuance of the license may be denied under paragraph (3); (B) imposes, charges, or collects a fee in excess of the amount permissible under section 3; or (C) violates any regulation issued under this section by the Commission. (c) Penalty.--Any person who violates subsection (a) shall be liable for a civil penalty of not more than $500,000, to be assessed by the Commission. (d) Regulations.--Not later than 9 months after the date of the enactment of this Act, the Commission shall issue regulations which implement this section, including regulations which-- (1) establish requirements for applying for a license under this section; and (2) establish such other requirements relating to activities for which a license is required under this section as the Commission considers appropriate. (e) Effective Date.--This section (except subsection (d)) shall take effect on the date which is 9 months after the date of the enactment of this Act. SEC. 3. LIMITATION ON FEE CHARGED FOR CHECK CASHING. (a) Limitation.--A person that regularly engages in the business of cashing checks, travelers' checks, money orders, or similar instruments, shall not charge any fee for cashing such an instrument that exceeds the greater of $0.50 or 0.85 percent of the amount of the instrument. (b) Civil Penalty.--A person that violates subsection (a) shall be liable for a civil penalty of not more than $500,000, to be assessed by the Federal Trade Commission. SEC. 4. PROHIBITION ON REFUSAL BY DEPOSITORY INSTITUTION TO CASH GOVERNMENT CHECKS. (a) Prohibition.--A depository institution shall not refuse to cash a government check if-- (1) the check is presented for cashing by an individual who is the payee of the check; and (2) the individual who presents the check for cashing provides sufficient identification. (b) Civil Penalty.--A person that violates subsection (a) shall be liable for a civil penalty of not more than $500,000. (c) Enforcement.--The requirements of this section shall be enforced under-- (1) section 8 of the Federal Deposit Insurance Act, in the case of-- (A) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency; (B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25(a) of the Federal Reserve Act, by the Board of the Federal Reserve; and (C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and insured State branches of foreign banks, by the Board of Directors of the Federal Deposit Insurance Corporation; (2) section 8 of the Federal Deposit Insurance Act, by the Director of the Office of Thrift Supervision, in the case of a savings association the deposits of which are insured by the Federal Deposit Insurance Corporation; (3) the Federal Credit Union Act, by the Administrator of the National Credit Union Administration with respect to any Federal credit union; and (4) the Farm Credit Act of 1971, by the Farm Credit Administration with respect to any Federal land bank, Federal land bank association, Federal intermediate credit bank, or production credit association. SEC. 5. REQUIREMENT THAT CHECKS DRAWN BY FEDERAL AGENCIES BE MAILED ONLY TO CERTAIN ADDRESSES. (a) In General.--A government check that is issued by the United States or an agency of the United States and that is mailed by such an agency to the payee of the check may be mailed only to-- (1) the residence of the payee; (2) the principal place of business of the payee; (3) a post office box of the payee at a United States Postal Service facility; or (4) an account of the payee at an insured depository institution. (b) Application.--Subsection (a) shall apply to checks mailed after the date which is 9 months after the date of the enactment of this Act. (c) Regulations.--Not later than 2 months after the date of the enactment of this Act, the Secretary of the Treasury shall issue regulations implementing this section. SEC. 6. STUDY OF DEBIT CARD SYSTEM OF BENEFIT PAYMENTS AND BENEFIT CHECK DELIVERY. Not later than 9 months after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study and submit a report to the Congress on-- (1) the effects of requiring the use of a debit card system for making all benefit payments by the Federal Government; and (2) other innovative ways to enhance and upgrade the current methods by which the Federal Government delivers benefit payment checks. SEC. 7. DEFINITIONS. (a) In General.--As used in this Act-- (1) the term ``Commission'' means the Federal Trade Commission; (2) the term ``depository institution'' has the meaning given that term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)); (3) the term ``government check'' means any check which was issued by-- (A) the United States, any State, or any agency of the United States; or (B) any agency of the State in which the check is presented for cashing purposes, any unit of local government of such State, or any agency of any such unit of local government; (4) the term ``insured depository institution'' has the meaning given that term in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)); and (5) the term ``sufficient identification'' means-- (A) a driver's license; (B) an identification card issued by a State or Federal agency; or (C) a United States passport. (b) Terms Relating to Enforcement of Section 3.--A term used in section 3(c)(1) that is not defined in this Act shall have the meaning given that term by-- (1) section 3(s) of the Federal Deposit Insurance Act (12 U.S.C. 1813(s)); or (2) in the case of a term not defined in the Act referred to in paragraph (1), section 1(b) of the International Banking Act of 1978 (12 U.S.C. 3101).

Check Cashing Act of 1933 - Sets forth licensing requirements for businesses that engage in issuing, redeeming, or cashing checks, travellers' checks, money orders, or similar instruments, or that transmit money. Confers licensing authority over such businesses upon the Federal Trade Commission (the Commission). Subjects violators of this Act to a civil penalty. Sets a maximum fee limitation which such businesses may charge for their services. Prohibits a depository institution from refusing to cash government checks where the presenter is the payee and provides sufficient identification. Mandates that checks drawn by Federal agencies be mailed only to specified addresses. Requires the Comptroller General to study and report to the Congress on the effects of requiring the use of a debit card system for making Federal benefit payments.

Check Cashing Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Innovation Act of 2016''. SEC. 2. PROGRAM AUTHORIZATION. Section 303(b) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)) is amended, in the matter preceding paragraph (1), in the first sentence, by inserting after ``issued by such companies'' the following: ``, in a total amount that does not exceed $4,000,000,000 each fiscal year (adjusted annually to reflect increases in the Chained Consumer Price Index for All Urban Consumers (C-CPI-U), as published by the Bureau of Labor Statistics of the Department of Labor)''. SEC. 3. 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. DEFINITIONS. ``In this part: ``(1) Early-stage small business.--The term `early-stage small business' means a small business concern that-- ``(A) is domiciled in a State or Indian country (as defined in section 1151 of title 18, United States Code); and ``(B) has not generated positive cash flow from operations in any fiscal year before the date on which a participating investment company makes an initial investment in the small business concern. ``(2) Eligible applicant.--The term `eligible applicant' means a limited liability company or a 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, including those managed by a manager of a small business investment company. ``(3) Participating investment company.--The term `participating investment company' means an applicant approved under section 399E to participate in the program. ``(4) Program.--The term `program' means the early-stage investment program established under section 399B. ``(5) Small business concern.--The term `small business concern' has the same meaning given that term in section 3(a) of the Small Business Act (15 U.S.C. 632(a)). ``(6) Small business concern in a targeted industry.--The term `small business concern in a targeted industry' means a small business concern that is engaged primarily in researching, developing, manufacturing, producing, or bringing to market goods, products, or services in a targeted industry. ``(7) Targeted industry.--The term `targeted industry' means any of the following business sectors: ``(A) Advanced manufacturing. ``(B) Agricultural technology. ``(C) Biotechnology. ``(D) Clean energy technology. ``(E) Digital media. ``(F) Environmental technology. ``(G) Information technology. ``(H) Life sciences. ``(I) Water technology. ``(8) Temporary debt.--The term `temporary debt' means borrowings of a participating investment company-- ``(A) with a term not to exceed 90 days from a regulated financial institution for the purpose of maintaining operating liquidity of the participating investment company or providing funds for a particular financing of a small business concern; and ``(B) that do not exceed 50 percent of the leveraged capital of the participating investment company. ``SEC. 399B. ESTABLISHMENT OF PROGRAM. ``The Administrator shall establish and carry out an early-stage investment program to provide equity financing to support early-stage small businesses in accordance with this part. ``SEC. 399C. ADMINISTRATION OF PROGRAM. ``The Administrator, acting through the Associate Administrator described in section 201, shall administer the program. ``SEC. 399D. APPLICATIONS. ``An eligible applicant that desires to participate in the program shall submit to the Administrator an application that includes-- ``(1) a business plan describing how the eligible applicant intends to make successful venture capital investments in early-stage small businesses and direct capital to small business concerns in targeted industries or other business sectors; ``(2) information regarding the relevant venture capital investment qualifications and backgrounds of the individuals responsible for the management of the eligible applicant; and ``(3) a description of the extent to which the eligible applicant meets the selection criteria and other requirements to participate in the program under section 399E. ``SEC. 399E. SELECTION OF PARTICIPATING INVESTMENT COMPANIES. ``(a) In General.--Not later than 120 days after the date on which the Administrator receives an application from an eligible applicant under section 399D, the Administrator shall make a determination to conditionally approve or disapprove the eligible applicant to participate in the program and shall transmit the determination to the eligible applicant electronically and in writing. A determination to conditionally approve an eligible applicant shall identify all conditions the eligible applicant is required to satisfy for the Administrator to provide final approval to the eligible applicant to participate in the program, and shall provide a period of not less than 1 year for the eligible applicant to satisfy the conditions. ``(b) Selection Criteria.--In making a determination under subsection (a), the Administrator shall consider-- ``(1) the likelihood that the eligible applicant will meet the goals specified in the business plan of the eligible applicant; ``(2) the likelihood that the investments of the eligible applicant will create or preserve jobs in the United States, both directly and indirectly; ``(3) the character and fitness of the management of the eligible applicant; ``(4) the experience and background of the management of the eligible applicant; ``(5) the extent to which the eligible applicant will concentrate investment activities on early-stage small businesses; ``(6) the likelihood that the eligible applicant will achieve profitability; ``(7) the experience of the management of the eligible applicant with respect to establishing a profitable investment track record; ``(8) the extent to which the eligible applicant will concentrate investment activities on small business concerns in targeted industries; and ``(9) the extent to which the eligible applicant will concentrate investment activities on small business concerns in targeted industries that have received funds from a Federal agency, including-- ``(A) the National Institutes of Health; ``(B) the National Science Foundation; and ``(C) funds received from a Federal agency under the Small Business Innovation Research Program or the Small Business Technology Transfer Program, as such terms are defined under section 9 of the Small Business Act (15 U.S.C. 638). ``(c) Regulatory Capital Requirements.--To participate in the program, an eligible applicant shall have regulatory capital-- ``(1) in an amount that is not less than $20,000,000, unless the Administrator determines that the eligible applicant can have long-term financial viability with a lower amount of regulatory capital; and ``(2) of which not more than 33 percent is from State or local government entities. ``(d) Non-Affiliation Requirement.--To participate in the program, not less than 30 percent of the regulatory and leverageable capital of an eligible applicant shall come from 3 persons unaffiliated with the management of the fund and unaffiliated with each other. ``(e) Third-Party Debt.--To participate in the program, an eligible applicant may not incur debt, other than leverage, unless the debt is temporary debt. ``SEC. 399F. EQUITY FINANCINGS. ``(a) In General.--The Administrator may make one or more equity financings to a participating investment company. ``(b) Equity Financing Amounts.-- ``(1) Non-federal capital.--An equity financing made to a participating investment company under the program may not be in an amount that exceeds the amount of the capital of the participating investment company that is not from a Federal source and that is available for investment on or before the date on which an equity financing is drawn upon by the participating investment company. The capital of the participating investment company may include legally binding commitments with respect to capital for investment. ``(2) Limitation on aggregate amount.--The aggregate amount of all equity financings made to a participating investment company under the program may not exceed $100,000,000. ``(c) Equity Financing Process.--In making an equity financing under the program, the Administrator shall commit an equity financing amount to a participating investment company, and the amount of each commitment shall remain available to be drawn upon by a participating investment company-- ``(1) for new-named investments, during the 5-year period beginning on the date on which the commitment is first drawn upon by the participating investment company; and ``(2) for follow-on investments and management fees, during the 10-year period beginning on the date on which the commitment is first drawn upon by the participating investment company, with additional 1-year periods available at the discretion of the Administrator. ``(d) Commitment of Funds.--Not later than 2 years after the date on which funds are appropriated for the program, the Administrator shall make commitments for equity financings. ``SEC. 399G. INVESTMENTS IN EARLY-STAGE SMALL BUSINESSES. ``(a) In General.--As a condition of receiving an equity financing under the program, a participating investment company shall make all of the investments of the participating investment company made with amounts received under the program, including securities, promissory notes, or other obligations, in small business concerns, of which at least 50 percent of the total amount of such investments shall be in early-stage small businesses in targeted industries. ``(b) Evaluation of Compliance.--After a participating investment company has expended not less than 50 percent of the amount of an equity financing commitment made under section 399F, the Administrator shall evaluate the compliance of the participating investment company with the requirements under subsection (a). ``(c) Waiver.--The Administrator may waive the requirements for a participating investment company under subsection (a) if the Administrator determines that it is in the best interest of the long term solvency of the fund established in section 399J. ``SEC. 399H. PRO RATA INVESTMENT SHARES. ``Each investment made by a participating investment company under the program shall be treated as comprised of capital from equity financings under the program according to the ratio that capital from equity financings under the program bears to all capital available to the participating investment company for investment. ``SEC. 399I. EQUITY FINANCING INTEREST. ``(a) Equity Financing Interest.-- ``(1) In general.--As a condition of receiving an equity financing under the program, a participating investment company shall convey an equity financing interest to the Administrator in accordance with paragraph (2). ``(2) Effect of conveyance.--The equity financing interest conveyed under paragraph (1)-- ``(A) shall have all the rights and attributes of other investors attributable to their interests in the participating investment company; ``(B) shall not denote control or voting rights to the Administrator; and ``(C) 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 equity financing comprises, which shall be made at the same times and in the same amounts as any other investor in the participating investment company with a similar interest. ``(3) Allocations.--A participating investment company shall make allocations of income, gain, loss, deduction, and credit to the Administrator with respect to the equity financing interest as if the Administrator were an investor. ``(b) Manager Profits.--As a condition of receiving an equity financing 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 the participating investment company. Any excess of manager profits interest, 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 equity financings paid in. No manager profits interest (other than a tax distribution) shall be paid before the repayment to the investors and the Administrator of all contributed capital and equity financings made. ``(c) Distribution Requirements.--As a condition of receiving an equity financing 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. ``(d) Reserve Requirements.-- ``(1) In general.--A participating investment company with an outstanding equity financing under the program shall, during the first 5 years of the term of each debenture which requires periodic interest payments to Administration, maintain a reserve sufficient to pay the interest and charges on the debenture for the first 21 payments due after the date of issuance. ``(2) Form.--The reserve required under this subsection may consist of any combination of-- ``(A) binding unfunded commitments from institutional investors of the participating investment company that may only be called for the purpose of-- ``(i) the payment of interest and charges to the Administration; or ``(ii) the payment of any other amounts due to the Administration; and ``(B) cash maintained in a separate bank account or separate investment account permitted by the Administration by regulation and separately identified in the financial statements of the participating investment company as `restricted cash' available only for the purpose of-- ``(i) paying interest and charges to the Administration; or ``(ii) the payment of any other amounts due to the Administration. ``(3) Reduction of required amount.-- ``(A) In general.--The required reserve associated with a debenture shall be reduced on each payment date upon payment of the required interest and charges to the Administration. ``(B) Elimination.--If a participating investment company prepays a debenture before the due date for the twenty-first payment after the date on which the debenture is issued, the reserve requirement with respect to the debenture shall be eliminated. ``(4) Inclusion in formation documents.--The formation documents for a participating investment company shall incorporate the reserve requirements under this subsection. ``SEC. 399J. FUND. ``(a) In General.--There is established in the Treasury a separate account (in this section referred to as `the fund') for equity financings 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 under the program, including any moneys, property, or assets derived by the Administrator from operations in connection with the program, shall be deposited in the fund. ``(b) Funds Administration.--Not more than 1 percent of the total amount made available for the fund in a fiscal year may be used for funds administration. ``SEC. 399K. 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. 399L. ANNUAL REPORTING. ``The Administrator shall include information on the performance of the program in the annual performance report of the Administration required to be submitted under section 10(a) of the Small Business Act (15 U.S.C. 639(a)).''.

Small Business Innovation Act of 2016 This bill amends the Small Business Investment Act of 1958 to authorize the Small Business Administration (SBA) to guarantee the payment of up to $4 billion per fiscal year for debentures or participating securities issued by small business investment companies (SBICs) to encourage the formation and growth of small businesses. The SBA must establish and carry out an early-stage investment program to provide, through participating investment companies, equity financing to support early-stage businesses that have not generated positive cash flow at any time prior to an initial investment by a participating investment company. The bill outlines participating investment company application requirements and selection and approval procedures. It allows the SBA to make one or more equity financings to a participating investment company, with a limit of $100 million to any one company. A participating investment company shall make all of its investments in small businesses, of which at least 50% shall be early-stage small businesses in specified targeted industries. A separate account is established for equity financings under the program.

Small Business Innovation Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``IDEA Parental Choice Act of 2003''. SEC. 2. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. (a) Research and Innovation To Improve Services and Results for Children With Disabilities.--Section 672(b)(2) of the Individuals with Disabilities Education Act (20 U.S.C. 1472(b)(2)) is amended by adding at the end the following: ``(I) Supporting the post-award planning and design, and the initial implementation (which may include costs for informing the community, acquiring necessary equipment and supplies, and other initial operational costs), during a period of not more than 3 years, of State programs that allow the parent of a child with a disability to make a genuine independent choice of the appropriate public or private school for their child, if the program-- ``(i) requires that the child-- ``(I) have been determined to be a child with a disability in accordance with section 614; ``(II) have spent the prior school year in attendance at a public elementary or secondary school unless the child was served under section 619 or part C during such year; and ``(III) have in effect an individualized education program (as defined in section 614(d)(1)(A)); ``(ii) permits the parent to receive from the eligible entity funds to be used to pay some or all of the costs of attendance at the selected school (which may include tuition, fees, and transportation costs); ``(iii) prohibits the selected school from discriminating against eligible students on the basis of race, color, or national origin; and ``(iv) requires the selected school to be academically accountable to the parent for meeting the educational needs of the student.''. (b) Children Enrolled in Private Schools By Their Parents.--Section 612(a)(10)(A) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(10)(A)) is amended by adding at the end the following: ``(iii) Parent option program.--If a State has established a program described in section 672(b)(2)(I) (whether statewide or in limited areas of the State) that allows a parent of a child with a disability to use public funds to pay some or all of the costs of attendance at a public or private school-- ``(I) funds allocated to the State under section 611 may be used to supplement those public funds, if the Federal funds are distributed to parents who make a genuine independent choice as to the appropriate school for their child; ``(II) the authorization of a parent to exercise this option fulfills the State's obligation under paragraph (1) with respect to the child during the period in which the child is enrolled in the selected school; and ``(III) a private school accepting those funds shall be deemed, for both the programs and services delivered to the child, to be providing a free appropriate public education and to be in compliance with section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).''. (c) Permissive Use of Funds.--Section 613(a)(4) of the Individuals with Disabilities Education Act (20 U.S.C. 1413(a)(4)) is amended by adding at the end the following: ``(C) Supplemental educational services for children with disabilities in schools designated for improvement.--For the reasonable additional expenses (as determined by the local educational agency) of any necessary accommodations to allow children with disabilities who are being educated in a school identified for school improvement under section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)) to be provided supplemental educational services under section 1116(e) of such Act on an equitable basis, if such children with disabilities are eligible children (as defined in section 1116(e)(12)(A) of such Act).''. (d) Allowing Children To Receive Early Intervention Services Until Age 6.-- (1) In general.--Section 632(5) of the Individuals with Disabilities Education Act (20 U.S.C. 1432(5)) is amended-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) may also include, at a State's discretion, a child aged 3 through 5, who previously received services under this part and who is eligible for services under section 619, if services provided to this age group under this part include an educational component that promotes school readiness and incorporates scientifically based pre-literacy, language, and numeracy skills.''. (2) Requirements for statewide system.--Section 635 of the Individuals with Disabilities Education Act (20 U.S.C. 1435) is amended by adding at the end the following: ``(c) Treatment of Children Aged 3 through 5.--If a State includes children described in section 632(5)(C) in the system described in section 633, the State shall be considered to have fulfilled any obligation under part B with respect to the provision of a free appropriate public education to those children during the period in which they are receiving services under this part.''.

IDEA Parental Choice Act of 2003 - Amends the Individuals with Disabilities Education Act (IDEA) to authorize use of funds for parental school choice programs which may involve vouchers for private or public education for students with disabilities.Allows the use of certain research and innovation grant and contract funds to support planning, design, and implementation of State programs that allow parents of children with disabilities a choice of an appropriate public or private school (parental option program).Allows any State with a statewide or local area parental option program that allows use of public funds to pay some or all costs of attendance at a public or private school to supplement those public funds from its IDEA allocation, if the Federal funds are distributed to parents who make a genuine independent choice as to the appropriate school for their child. Provides that a State's allowing a parent to exercise this option fulfills the State's obligation to provide a free appropriate public education with respect to the child with disabilities during the period in which the child is enrolled in the selected school.Authorizes use of IDEA funds for local educational agencies to support reasonable additional expenses for the accommodation of students with disabilities who are eligible to receive supplemental education services, including services from private or faith-based providers, because they attend underachieving schools designated for improvement.Allows, at a State's discretion, students with disabilities up to age six, who meet certain criteria, to be included in IDEA early intervention services programs (thus giving parents the choice to have their child continue with the same service provider).

To provide options to States to innovate and improve the education of children with disabilities by expanding the choices for students and parents under the Individuals with Disabilities Education Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``South African Democratic Transition Support Act of 1993''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) After decades of apartheid, South Africa has entered a new era which presents a historic opportunity for a transition to a peaceful, stable, and democratic future. (2) Through broad and open negotiations, the parties in South Africa have reached a landmark agreement on the future of their country. This agreement includes the establishment of a Transitional Executive Council and the setting of a date for nonracial elections. (3) The international community has a vital interest in supporting the transition from apartheid toward nonracial democracy. (4) The success of the transition in South Africa is crucial to the stability and economic development of the southern African region. (5) Representative leaders in South Africa, including Nelson Mandela of the African National Congress, have called for an end to all remaining measures limiting economic contacts with South Africa. (6) In light of recent developments, the continuation of such measures is detrimental to persons disadvantaged by apartheid. SEC. 3. UNITED STATES POLICY. It is the sense of the Congress that-- (1) the United States should-- (A) strongly support the Transitional Executive Council in South Africa, (B) encourage rapid progress toward the establishment of a nonracial democratic government in South Africa, and (C) support a consolidation of democracy in South Africa through democratic elections for an interim government and a new nonracial constitution; (2) the United States should continue to provide assistance to support the transition to a nonracial democracy in South Africa, and should urge international financial institutions and other donors to also provide such assistance; (3) to the maximum extent practicable, the United States should consult closely with international financial institutions, other donors, and South African entities on a coordinated strategy to support the transition to a nonracial democracy in South Africa; (4) in order to provide ownership and managerial opportunities, professional advancement, training, and employment for disadvantaged South Africans and to respond to the historical inequities created under apartheid, the United States should-- (A) promote the expansion of private enterprise and free markets in South Africa, (B) encourage the South African private sector to take a special responsibility and interest in providing such opportunities, advancement, training, and employment for disadvantaged South Africans, and (C) encourage United States private sector investment in and trade with South Africa; (5) the United States should urge the Government of South Africa to liberalize its trade and investment policies to facilitate the expansion of the economy, and to shift resources to meet the needs of disadvantaged South Africans; (6) the United States should promote cooperation between South Africa and other countries in the region to foster regional stability and economic growth; and (7) the United States should demonstrate its support for an expedited transition to, and should adopt a long term policy beneficial to the establishment and perpetuation of, a nonracial democracy in South Africa. SEC. 4. REPEAL OF APARTHEID SANCTIONS LAWS AND OTHER PROVISIONS DIRECTED AT SOUTH AFRICA. (a) Comprehensive Anti-Apartheid Act.-- (1) In general.--All provisions of the Comprehensive Anti- Apartheid Act of 1986 (22 U.S.C. 5001 and following) are repealed as of the date of enactment of this Act, except for the sections specified in paragraph (2). (2) Effective date of repeal of code of conduct requirements.--Sections 1, 3, 203(a), 203(b), 205, 207, 208, 601, 603, and 604 of the Comprehensive Anti-Apartheid Act of 1986 are repealed as of the date on which the President certifies to the Congress that an interim government that was elected on a nonracial basis through free and fair elections has taken office in South Africa. (3) Conforming amendments.--(A) Section 3 of the Comprehensive Anti-Apartheid Act of 1986 is amended by striking paragraphs (2) through (4) and paragraphs (7) through (9), by inserting ``and'' at the end of paragraph (5), and by striking ``; and'' at the end of paragraph (6) and inserting a period. (B) The following provisions of the Foreign Assistance Act of 1961 that were enacted by the Comprehensive Anti-Apartheid Act of 1986 are repealed: subsections (e)(2), (f), and (g) of section 116 (22 U.S.C. 2151n); section 117 (22 U.S.C. 2151o), relating to assistance for disadvantaged South Africans; and section 535 (22 U.S.C. 2346d). Section 116(e)(1) of the Foreign Assistance Act of 1961 is amended by striking ``(1)''. (b) Other Provisions.--The following provisions are repealed or amended as follows: (1) Subsections (c) and (d) of section 802 of the International Security and Development Cooperation Act of 1985 (99 Stat. 261) is repealed. (2) Section 211 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (99 Stat. 432) is repealed, and section 1(b) of that Act is amended by striking the item in the table of contents relating to section 211. (3) Sections 1223 and 1224 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (101 Stat. 1415) is repealed, and section 1(b) of that Act is amended by striking the items in the table of contents relating to sections 1223 and 1224. (4) Section 362 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (105 Stat. 716) is repealed, and section 2 of that Act is amended by striking the item in the table of contents relating to section 362. (5) Section 2(b)(9) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(9)) is repealed. (6) Section 43 of the Bretton Woods Agreements Act (22 U.S.C. 286aa) is amended by repealing subsection (b) and by striking ``(a)''. (7) Section 330 of H.R. 5205 of the 99th Congress (Department of Transportation and Related Agencies Appropriations Act, 1987) (22 U.S.C. 5056a) as incorporated by reference in section 101(l) of Public Law 99-500 and Public-Law 99-591, and made effective as if enacted into law by section 106 of Public Law 100-202, is repealed. (c) Sanctions Measures Adopted by State or Local Governments or Private Entities.--The Congress urges all State or local governments and all private entities in the United States that have adopted any restriction on economic interactions with South Africa, or any policy discouraging such interaction, to rescind such restriction or policy. SEC. 5. UNITED STATES ASSISTANCE FOR THE TRANSITION TO A NONRACIAL DEMOCRACY. (a) In General.--The President is authorized and encouraged to provide assistance under chapter 10 of part I of the Foreign Assistance Act of 1961 (relating to the Development Fund for Africa) or chapter 4 of part II of that Act (relating to the Economic Support Fund) to support the transition to nonracial democracy in South Africa. Such assistance shall-- (1) focus on building the capacity of disadvantaged South Africans to take their rightful place in the political, social, and economic systems of their country; (2) give priority to working with and through South African nongovernmental organizations whose leadership and staff represent the majority population and which have the support of the disadvantaged communities being served by such organizations; (3) in the case of education programs-- (A) be used to increase the capacity of South African institutions to better serve the needs of individuals disadvantaged by apartheid; (B) emphasize education within South Africa to the extent that assistance takes the form of scholarships for disadvantaged South African students; and (C) fund nontraditional training activities; (4) support activities to prepare South Africa for elections, including voter and civic education programs, political party building, and technical electoral assistance; (5) support activities and entities, such as the Peace Accord structures, which are working to end the violence in South Africa; and (6) support activities to promote human rights, democratization, and a civil society. (b) Government of South Africa.-- (1) Limitation on assistance.--Except as provided in paragraph (2), assistance provided in accordance with this section may not be made available to the Government of South Africa, or organizations financed and substantially controlled by that government, unless the President certifies to the Congress that an interim government that was elected on a nonracial basis through free and fair elections has taken office in South Africa. (2) Exceptions.--Notwithstanding paragraph (1), assistance may be provided for-- (A) the Transitional Executive Council; (B) South African higher education institutions, particularly those traditionally disadvantaged by apartheid policies; and (C) any other organization, entity, or activity if the President determines that the assistance would promote the transition to nonracial democracy in South Africa. Any determination under subparagraph (C) shall be based on consultations with South African individuals and organizations representative of the majority population in South Africa (particularly consultations through the Transitional Executive Council) and consultations with the appropriate congressional committees. SEC. 6. UNITED STATES INVESTMENT AND TRADE. (a) Tax Treaty.--The President should begin immediately to negotiate a tax treaty with South Africa to facilitate United States investment in that country. (b) OPIC.--The President should immediately initiate negotiations with the Government of South Africa for an agreement authorizing the Overseas Private Investment Corporation to carry out programs with respect to South Africa in order to expand United States investment in that country. (c) Trade and Development Agency.--In carrying out section 661 of the Foreign Assistance Act of 1961, the Director of the Trade and Development Agency should provide additional funds for activities related to projects in South Africa. (d) Export-Import Bank.--The Export-Import Bank of the United States should expand its activities in connection with exports to South Africa. (e) Promoting Disadvantaged Enterprises.-- (1) Investment and trade programs.--Each of the agencies referred to in subsections (b) through (d) should take active steps to encourage the use of its programs to promote business enterprises in South Africa that are majority-owned by South Africans disadvantaged by apartheid. (2) United states government procurement.--Notwithstanding any law relating to the making or performance of, or the expenditure of funds for, United States Government contracts, the Secretary of State and the head of any other department or agency of the United States carrying out activities in South Africa shall, to the maximum extent practicable, in procuring goods or services, make affirmative efforts to assist business enterprises having more than 50 percent beneficial ownership by South African blacks or other nonwhite South Africans. SEC. 7. INFORMATION AND EDUCATIONAL EXCHANGE PROGRAMS. The Director of the United States Information Agency should use the authorities of the United States Information and Educational Exchange Act of 1948 to promote the development of a nonracial democracy in South Africa. SEC. 8. OTHER COOPERATIVE AGREEMENTS. In addition to the actions specified in the preceding sections of this Act, the President should seek to conclude cooperative agreements with South Africa on a range of issues, including cultural and scientific issues. SEC. 9. INTERNATIONAL FINANCIAL INSTITUTIONS AND OTHER DONORS. (a) In General.--The President should encourage other donors, particularly Japan and the European Community countries, to expand their activities in support of the transition to nonracial democracy in South Africa. (b) International Financial Institutions.--The Secretary of the Treasury shall instruct the United States Executive Director of each relevant international financial institution, including the International Bank for Reconstruction and Development and the International Development Association, to urge that institution to initiate or expand its lending and other financial assistance activities to South Africa in order to support the transition to nonracial democracy in South Africa. SEC. 10. CONSULTATION WITH SOUTH AFRICANS. In carrying out this Act, the President shall consult closely with South African individuals and organizations representative of the majority population in South Africa (particularly consultations through the Transitional Executive Council) and others committed to abolishing the remnants of apartheid. Passed the Senate September 24 (legislative day, September 7), 1993. Attest: MARTHA S. POPE, Secretary.

South African Democratic Transition Support Act of 1993 - Expresses the sense of the Congress with respect to U.S. policy towards South Africa. Repeals specified provisions of the Comprehensive Anti-Apartheid Act of 1986, providing for a total repeal of such Act when the President certifies to the Congress that an interim government that was elected on a nonracial basis through free and fair elections has taken office in South Africa. Urges all State or local governments and private entities in the United States to rescind any restrictions on economic interactions with South Africa. Authorizes the President to provide development and economic support fund assistance to support the transition to nonracial democracy in South Africa. Prohibits such assistance to the Government of South Africa unless the President certifies to the Congress that an interim government elected on a nonracial basis through free and fair elections has taken office. Exempts from such prohibition assistance to the Transitional Executive Council, South African higher education institutions, and any other entity that would promote the transition to nonracial democracy. Declares that the President should: (1) negotiate a tax treaty with South Africa; (2) initiate negotiations with the South African Government to provide for Overseas Private Investment Corporation programs in such country; (3) conclude cooperative agreements with South Africa on various issues; and (4) encourage other donors to expand their activities in support of the transition to nonracial democracy. States that: (1) the Director of the Trade and Development Agency should provide additional funds for projects in South Africa; (2) the Export-Import Bank should expand its activities in connection with exports to South Africa; and (3) the Director of the U.S. Information Agency should use his authorities to promote the transition to nonracial democracy. Requires the heads of Federal Government agencies, in procuring goods or services, to make affirmative efforts to assist business enterprises having more than 50 percent ownership by nonwhite South Africans. Directs the Secretary of the Treasury to instruct the U.S. executive directors of international financial institutions to urge financial assistance to South Africa to support the transition to democracy.

South African Democratic Transition Support Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bosnia and Herzegovina Self-Defense Act of 1993''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) On July 10, 1991, the United States adopted a policy suspending all licenses and other approvals to export or otherwise transfer defense articles and defense services to Yugoslavia. (2) On September 25, 1991, the United Nations Security Council adopted Resolution 713, which imposed a mandatory international embargo on all deliveries of weapons and military equipment to Yugoslavia. (3) The United States considered the policy adopted July 10, 1991, to comply fully with Resolution 713 and therefore took no additional action in response to that resolution. (4) On January 8, 1992, the United Nations Security Council adopted Resolution 727, which decided that the mandatory arms embargo imposed by Resolution 713 should apply to any independent states that might thereafter emerge on the territory of Yugoslavia. (5) On February 29 and March 1, 1992, the people of Bosnia and Herzegovina voted in a referendum to declare independence from Yugoslavia. (6) On April 7, 1992, the United States recognized the Government of Bosnia and Herzegovina. (7) On May 22, 1992, the Government of Bosnia and Herzegovina was admitted to full membership in the United Nations. (8) Consistent with Resolution 727, the United States has continued to apply the policy adopted July 10, 1991, to independent states that have emerged on the territory of the former Yugoslavia, including Bosnia and Herzegovina. (9) Subsequent to the adoption of Resolution 727 and Bosnia and Herzegovina's independence referendum, the seige of Sarajevo began and fighting spread to other areas of Bosnia and Herzegovina. (10) The Government of Serbia intervened directly in the fighting by providing significant military, financial, and political support and direction to Serbian-allied irregular forces in Bosnia and Herzegovina. (11) In statements dated May 1 and May 12, 1992, the Conference on Security and Cooperation in Europe declared that the Government of Serbia and the Serbian-controlled Yugoslav National Army were committing aggression against the Government of Bosnia and Herzegovina and assigned to them prime responsibility for the escalation of bloodshed and destruction. (12) On May 30, 1992, the United Nations Security Council adopted Resolution 757, which condemned the Government of Serbia for its continued failure to respect the territorial integrity of Bosnia and Herzegovina. (13) Serbian-allied irregular forces have, over the last year, occupied approximately 70 percent of the territory of Bosnia and Herzegovina, committed gross violations of human rights in the areas they have occupied, and established a secessionist government committed to eventual unification with Serbia. (14) The military and other support and direction provided to Serbian-allied irregular forces in Bosnia and Herzegovina constitutes an armed attack on the Government of Bosnia and Herzegovina by the Government of Serbia within the meaning of Article 51 of the United Nations Charter. (15) Under Article 51, the Government of Bosnia and Herzegovina, as a member of the United Nations, has an inherent right of individual or collective self-defense against the armed attack from the Government of Serbia until the United Nations Security Council has taken measures necessary to maintain international peace and security. (16) The measures taken by the United Nations Security Council in response to the armed attack on Bosnia and Herzegovina have not been adequate to maintain international peace and security. (17) Bosnia and Herzegovina has been unable successfully to resist the armed attack from Serbia because it lacks the means to counter heavy weaponry that Serbia obtained from the Yugoslav National Army upon the dissolution of Yugoslavia, and because the mandatory international arms embargo has prevented Bosnia and Herzegovina from obtaining from other countries the means to counter such heavy weaponry. (18) On December 18, 1992, with the affirmative vote of the United States, the United Nations General Assembly adopted Resolution 47/121, which urged the United Nations Security Council to exempt Bosnia and Herzegovina from the mandatory arms embargo imposed by Resolution 713. (19) In the absence of adequate measures to maintain international peace and security, continued application to the Government of Bosnia and Herzegovina of the mandatory international arms embargo imposed by the United Nations Security Council prior to the armed attack on Bosnia and Herzegovina undermines that government's right of individual or collective self-defense and therefore contravenes Article 51 of the United Nations Charter. (20) Bosnia and Herzegovina's right of self-defense under Article 51 of the United Nations Charter includes the right to ask for military assistance from other countries and to receive such assistance if offered. SEC. 3. UNITED STATES ARMS EMBARGO OF THE GOVERNMENT OF BOSNIA AND HERZEGOVINA. (a) Termination.--The President shall terminate the United States arms embargo of the Government of Bosnia and Herzegovina upon receipt from that government of a request for assistance in exercising its right of self-defense under Article 51 of the United Nations Charter. (b) Definition.--As used in this section, the term ``United States arms embargo of the Government of Bosnia and Herzegovina'' means the application to the Government of Bosnia and Herzegovina of-- (1) the policy adopted July 10, 1991, and published in the Federal Register of July 19, 1991 (58 Fed. Reg. 33322) under the heading ``Suspension of Munitions Export Licenses to Yugoslavia''; and (2) any similar policy being applied by the United States Government as of the date of receipt of the request described in subsection (a) pursuant to which approval is routinely denied for transfers of defense articles and defense services to the former Yugoslavia. SEC. 4. UNITED STATES MILITARY ASSISTANCE FOR BOSNIA AND HERZEGOVINA. (a) Policy.--The President should provide appropriate military assistance to the Government of Bosnia and Herzegovina upon receipt from that government of a request for assistance in exercising its right of self-defense under Article 51 of the United Nations Charter. (b) Authorization of Military Assistance.-- (1) Drawdown authority.--If the Government of Bosnia and Herzegovina requests United States assistance in exercising its right of self-defense under Article 51 of the United Nations Charter, the President is authorized to direct the drawdown of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training in order to provide assistance to the Government of Bosnia and Herzegovina. Such assistance shall be provided on such terms and conditions as the President may determine. (2) Limitation on value of transfers.--The aggregate value (as defined in section 664(m) of the Foreign Assistance Act of 1961) of defense articles, defense services, and military education and training provided under this subsection may not exceed $200,000,000. (3) Expiration of authorization.--The authority provided to the President in paragraph (1) expires at the end of fiscal year 1994. (4) Limitation on activities.--Members of the United States Armed Forces who perform defense services or provide military education and training outside the United States under this subsection may not perform any duties of a combatant nature, including any duties related to training and advising that may engage them in combat activities. (5) Reports to congress.--Within 60 days after any exercise of the authority of paragraph (1) and every 60 days thereafter, the President shall report in writing to the Speaker of the House of Representatives and the President pro tempore of the Senate concerning the defense articles, defense services, and military education and training being provided and the use made of such articles, services, and education and training. (6) Reimbursement.--(A) Defense articles, defense services, and military education and training provided under this subsection shall be made available without reimbursement to the Department of Defense except to the extent that funds are appropriated pursuant to subparagraph (B). (B) There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropriation, fund, or account for the value (as defined in section 664(m) of the Foreign Assistance Act of 1961) of defense articles, defense services, or military education and training provided under this subsection.

Bosnia and Herzegovina Self-Defense Act of 1993 - Directs the President to terminate the U.S. arms embargo of the Government of Bosnia and Herzegovina upon receipt of a request from such government for assistance in exercising its right of self-defense under the United Nations Charter. Authorizes the President to direct the drawdown of defense articles and services and military education and training to provide assistance to Bosnia and Herzegovina if it makes such request. Limits the amount of such assistance. Bars members of the U.S. armed forces who provide such assistance from performing combatant duties outside of the United States. Authorizes appropriations.

Bosnia and Herzegovina Self-Defense Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Worker Ownership, Readiness, and Knowledge Act'' or the ``WORK Act''. SEC. 2. WORKER OWNERSHIP, READINESS, AND KNOWLEDGE. (a) Definitions.--In this section: (1) Existing program.--The term ``existing program'' means a program, designed to promote employee ownership and employee participation in business decisionmaking, that exists on the date the Secretary is carrying out a responsibility authorized by this section. (2) Initiative.--The term ``Initiative'' means the Employee Ownership and Participation Initiative established under subsection (b). (3) New program.--The term ``new program'' means a program, designed to promote employee ownership and employee participation in business decisionmaking, that does not exist on the date the Secretary is carrying out a responsibility authorized by this section. (4) Secretary.--The term ``Secretary'' means the Secretary of Labor, acting through the Assistant Secretary for Employment and Training. (5) State.--The term ``State'' means any of the 50 States within the United States of America. (b) Employee Ownership and Participation Initiative.-- (1) Establishment.--The Secretary of Labor shall establish within the Employment and Training Administration of the Department of Labor an Employee Ownership and Participation Initiative to promote employee ownership and employee participation in business decisionmaking. (2) Functions.--In carrying out the Initiative, the Secretary shall-- (A) support within the States existing programs designed to promote employee ownership and employee participation in business decisionmaking; and (B) facilitate within the States the formation of new programs designed to promote employee ownership and employee participation in business decisionmaking. (3) Duties.--To carry out the functions enumerated in paragraph (2), the Secretary shall-- (A) support new programs and existing programs by-- (i) making Federal grants authorized under subsection (d); and (ii)(I) acting as a clearinghouse on techniques employed by new programs and existing programs within the States, and disseminating information relating to those techniques to the programs; or (II) funding projects for information gathering on those techniques, and dissemination of that information to the programs, by groups outside the Employment and Training Administration; and (B) facilitate the formation of new programs, in ways that include holding or funding an annual conference of representatives from States with existing programs, representatives from States developing new programs, and representatives from States without existing programs. (c) Programs Regarding Employee Ownership and Participation.-- (1) Establishment of program.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to encourage new and existing programs within the States, designed to foster employee ownership and employee participation in business decisionmaking throughout the United States. (2) Purpose of program.--The purpose of the program established under paragraph (1) is to encourage new and existing programs within the States that focus on-- (A) providing education and outreach to inform employees and employers about the possibilities and benefits of employee ownership, business ownership succession planning, and employee participation in business decisionmaking, including providing information about financial education, employee teams, open-book management, and other tools that enable employees to share ideas and information about how their businesses can succeed; (B) providing technical assistance to assist employee efforts to become business owners, to enable employers and employees to explore and assess the feasibility of transferring full or partial ownership to employees, and to encourage employees and employers to start new employee-owned businesses; (C) training employees and employers with respect to methods of employee participation in open-book management, work teams, committees, and other approaches for seeking greater employee input; and (D) training other entities to apply for funding under this subsection, to establish new programs, and to carry out program activities. (3) Program details.--The Secretary may include, in the program established under paragraph (1), provisions that-- (A) in the case of activities under paragraph (2)(A)-- (i) target key groups such as retiring business owners, senior managers, unions, trade associations, community organizations, and economic development organizations; (ii) encourage cooperation in the organization of workshops and conferences; and (iii) prepare and distribute materials concerning employee ownership and participation, and business ownership succession planning; (B) in the case of activities under paragraph (2)(B)-- (i) provide preliminary technical assistance to employee groups, managers, and retiring owners exploring the possibility of employee ownership; (ii) provide for the performance of preliminary feasibility assessments; (iii) assist in the funding of objective third-party feasibility studies and preliminary business valuations, and in selecting and monitoring professionals qualified to conduct such studies; and (iv) provide a data bank to help employees find legal, financial, and technical advice in connection with business ownership; (C) in the case of activities under paragraph (2)(C)-- (i) provide for courses on employee participation; and (ii) provide for the development and fostering of networks of employee-owned companies to spread the use of successful participation techniques; and (D) in the case of training under paragraph (2)(D)-- (i) provide for visits to existing programs by staff from new programs receiving funding under this section; and (ii) provide materials to be used for such training. (4) Guidance.--The Secretary shall issue formal guidance, for recipients of grants awarded under subsection (d) and one- stop partners affiliated with the statewide workforce investment systems described in section 106 of the Workforce Investment Act of 1998 (29 U.S.C. 2881), proposing that programs and other activities funded under this section be-- (A) proactive in encouraging actions and activities that promote employee ownership of, and participation in, businesses; and (B) comprehensive in emphasizing both employee ownership of, and participation in, businesses so as to increase productivity and broaden capital ownership. (d) Grants.-- (1) In general.--In carrying out the program established under subsection (c), the Secretary may make grants for use in connection with new programs and existing programs within a State for any of the following activities: (A) Education and outreach as provided in subsection (c)(2)(A). (B) Technical assistance as provided in subsection (c)(2)(B). (C) Training activities for employees and employers as provided in subsection (c)(2)(C). (D) Activities facilitating cooperation among employee-owned firms. (E) Training as provided in subsection (c)(2)(D) for new programs provided by participants in existing programs dedicated to the objectives of this section, except that, for each fiscal year, the amount of the grants made for such training shall not exceed 10 percent of the total amount of the grants made under this section. (2) Amounts and conditions.--The Secretary shall determine the amount and any conditions for a grant made under this subsection. The amount of the grant shall be subject to paragraph (6), and shall reflect the capacity of the applicant for the grant. (3) Applications.--Each entity desiring a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (4) State applications.--Each State may sponsor and submit an application under paragraph (3) on behalf of any local entity consisting of a unit of State or local government, State-supported institution of higher education, or nonprofit organization, meeting the requirements of this section. (5) Applications by entities.-- (A) Entity applications.--If a State fails to support or establish a program pursuant to this section during any fiscal year, the Secretary shall, in the subsequent fiscal years, allow local entities described in paragraph (4) from that State to make applications for grants under paragraph (3) on their own initiative. (B) Application screening.--Any State failing to support or establish a program pursuant to this section during any fiscal year may submit applications under paragraph (3) in the subsequent fiscal years but may not screen applications by local entities described in paragraph (4) before submitting the applications to the Secretary. (6) Limitations.--A recipient of a grant made under this subsection shall not receive, during a fiscal year, in the aggregate, more than the following amounts: (A) For fiscal year 2013, $300,000. (B) For fiscal year 2014, $330,000. (C) For fiscal year 2015, $363,000. (D) For fiscal year 2016, $399,300. (E) For fiscal year 2017, $439,200. (7) Annual report.--For each year, each recipient of a grant under this subsection shall submit to the Secretary a report describing how grant funds allocated pursuant to this subsection were expended during the 12-month period preceding the date of the submission of the report. (e) Evaluations.--The Secretary is authorized to reserve not more than 10 percent of the funds appropriated for a fiscal year to carry out this section, for the purposes of conducting evaluations of the grant programs identified in subsection (d) and to provide related technical assistance. (f) Reporting.--Not later than the expiration of the 36-month period following the date of enactment of this Act, the Secretary shall prepare and submit to Congress a report-- (1) on progress related to employee ownership and participation in businesses in the United States; and (2) containing an analysis of critical costs and benefits of activities carried out under this section. (g) Authorizations of Appropriations.-- (1) In general.--There are authorized to be appropriated for the purpose of making grants pursuant to subsection (d) the following: (A) For fiscal year 2013, $3,850,000. (B) For fiscal year 2014, $6,050,000. (C) For fiscal year 2015, $8,800,000. (D) For fiscal year 2016, $11,550,000. (E) For fiscal year 2017, $14,850,000. (2) Administrative expenses.--There are authorized to be appropriated for the purpose of funding the administrative expenses related to the Initiative, for each of fiscal years 2013 through 2017, an amount not in excess of-- (A) $350,000; or (B) 5.0 percent of the maximum amount available under paragraph (1) for that fiscal year.

Worker Ownership, Readiness, and Knowledge Act or WORK Act - Directs the Secretary of Labor, acting through the Assistant Secretary for Employment and Training, to establish within the Employment and Training Administration an Employee Ownership and Participation Initiative to promote employee ownership and employee participation in business decisionmaking. Requires the Secretary to establish a program, which may include grants for outreach, technical assistance, and training, to encourage new and existing state programs designed to foster employee ownership and employee participation in business decisionmaking throughout the United States. Requires the Secretary to report to Congress on progress related to employee ownership and participation in U.S. businesses.

A bill to establish an Employee Ownership and Participation Initiative, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lobbyist Disclosure Enhancement Act''. SEC. 2. MODIFICATIONS TO ENFORCEMENT. (a) Lobbying Disclosure Act Task Force.-- (1) Establishment.--The Attorney General shall establish the Lobbying Disclosure Act Enforcement Task Force (in this subsection referred to as the ``Task Force''). (2) Functions.--The Task Force-- (A) shall have primary responsibility for investigating and prosecuting each case referred to the Attorney General under section 6(a)(8) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605(a)(8)); (B) shall collect and disseminate information with respect to the enforcement of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.); (C) shall audit, at a minimum on an annual basis, and as frequently as deemed necessary by the Task Force, the extent of compliance or noncompliance with the requirements of the Lobbying Disclosure Act of 1995 by lobbyists, lobbying firms, and registrants under that Act through a random sampling of lobbying registrations and reports filed under that Act during each calendar year; and (D) shall establish, publicize, and operate a toll- free telephone number to serve as a hotline for members of the public to report noncompliance with lobbyist disclosure requirements under the Lobbying Disclosure Act of 1995, and shall develop a mechanism to allow members of the public to report such noncompliance online. (b) Referral of Cases to the Attorney General.--Section 6(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605(a)) is amended-- (1) in paragraph (8), by striking ``United States Attorney for the District of Columbia'' and inserting ``Attorney General''; and (2) in paragraph (11), by striking ``United States Attorney for the District of Columbia'' and inserting ``Attorney General''. (c) Recommendations for Improved Enforcement.--The Attorney General may make recommendations to Congress with respect to-- (1) the enforcement of and compliance with the Lobbying Disclosure Act of 1995; and (2) the need for resources available for the enhanced enforcement of the Lobbying Disclosure Act of 1995. (d) Information in Enforcement Reports.--Section 6(b)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605(b)(1)) is amended by striking ``by case'' and all that follows through ``public record'' and inserting ``by case and name of the individual lobbyists or lobbying firms involved, any sentences imposed''. SEC. 3. DEFINITION OF LOBBYIST. Section 3(10) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(10)) is amended by striking ``, other than an individual'' and all that follows through ``period''. SEC. 4. EXPEDITED ONLINE REGISTRATION OF LOBBYISTS; EXPANSION OF REGISTRANTS. Section 4(a)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(1)) is amended-- (1) by striking ``45 days'' and inserting ``5 days''; (2) by striking ``, or on the first business day after such 45th day if such 45th day is not a business day,'' and inserting ``, or on the first business day occurring after such 5th day if such 5th day does not occur on a business day,''; and (3) by inserting ``online'' after ``shall register''. SEC. 5. DISCLOSURE OF ADDITIONAL INFORMATION BY LOBBYISTS. Section 5(b)(2)(A) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(b)(2)(A)) is amended-- (1) by striking ``(A)'' and inserting ``(A)(i)''; (2) by adding ``and'' after the semicolon; and (3) by adding at the end the following: ``(ii) for each issue listed under clause (i), a list identifying-- ``(I) each covered executive branch official with whom the lobbyist engaged in lobbying activities; ``(II) each covered legislative branch official with whom the lobbyist engaged in lobbying activities and-- ``(aa) if the official is an employee of a Member of Congress, the name of that Member of Congress; or ``(bb) if the official is an employee described in clause (ii), (iii), (iv), or (v) of section 3(4), the name of the Member or Members of Congress who hired the official or for whom the official performs duties as such official; and ``(III) the date of each lobbying contact;''. SEC. 6. DISCLOSURE OF POLITICAL CONTRIBUTIONS. Section 5(d)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(d)(1)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``30 days after'' and all that follows through ``30th day is not'' and inserting ``20 days after the end of the quarterly period beginning on the first day of January, April, July, and October of each year, or on the first business day after such 20th day if such 20th day is not''; and (2) by striking ``semiannual period'' each place it appears and inserting ``quarterly period''. SEC. 7. EFFECTIVE DATE. (a) Section 2.--Section 2 and the amendments made by that section take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act. (b) Amendments.--The amendments made by sections 3, 4, 5, and 6 take effect on the first day of the first quarterly period described in section 5(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(a)) that begins after the end of the 90-day period beginning on the date of the enactment of this Act.

Lobbyist Disclosure Enhancement Act - Requires the Attorney General to establish the Lobbying Disclosure Act Enforcement Task Force. Grants such Task Force primary responsibility for investigating and prosecuting each case referred to the Attorney General under the Lobbying Disclosure Act of 1995. Requires such Task Force to: (1) collect and disseminate information on the enforcement of such Act; (2) audit at least annually the extent of compliance with such Act; and (3) establish, publicize, and operate a toll-free telephone hotline for members of the public to report noncompliance with lobbyist disclosure requirements. Amends the Lobbying Disclosure Act of 1995 to: (1) require notifications of noncompliance of lobbyist diclosure requirements to the Attorney General (instead of the U.S. Attorney for the District of Columbia); (2) amend the definition of "lobbyist" under such Act to eliminate the exemption from such Act of certain lobbyists who work for a client on a part-time basis; (3) require lobbyists to register with the Senate and House of Representatives within 5 days after a lobbying contact (currently, 45 days); and (4) expand disclosure requirements relating to contacts with executive and legislative branch officials and political contributions.

To create a Lobbying Disclosure Act Task Force, and to make certain modifications to the Lobbying Disclosure Act of 1995.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Proven Programs for the Future of Education Act of 2007''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--RESEARCH-PROVEN PROGRAMS AND COMPETITIVE GRANTS Sec. 101. Research-proven programs and competitive grants. TITLE II--RESEARCH-PROVEN REFORM IN READING FIRST Sec. 201. Purposes. Sec. 202. Formula grants to state educational agencies. Sec. 203. State formula grant applications. Sec. 204. Information dissemination. Sec. 205. Definitions. TITLE III--DEFINITION OF RESEARCH-PROVEN PROGRAM Sec. 301. Definition of research-proven program. TITLE I--RESEARCH-PROVEN PROGRAMS AND COMPETITIVE GRANTS SEC. 101. RESEARCH-PROVEN PROGRAMS AND COMPETITIVE GRANTS. Title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801 et seq.) is amended by adding at the end the following: ``PART G--RESEARCH-PROVEN PROGRAMS ``SEC. 9701. RESEARCH-PROVEN PROGRAMS AND COMPETITIVE GRANTS. ``In all competitive grants that are awarded by the Department to a State educational agency or a local educational agency or by a State educational agency to a local educational agency under this Act, competitive preference points equal to 10 percent of the total number of points awarded may be awarded to a State educational agency or local educational agency if such State educational agency or local educational agency proposes in the grant application to use research- proven programs, when appropriate.''. TITLE II--RESEARCH-PROVEN REFORM IN READING FIRST SEC. 201. PURPOSES. Section 1201(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6361(1)) is amended by inserting ``research-proven reading programs, or, at a minimum, are'' after ``that are''. SEC. 202. FORMULA GRANTS TO STATE EDUCATIONAL AGENCIES. Section 1202 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6362) is amended-- (1) in subsection (c)-- (A) in paragraph (2), by adding at the end the following: ``(C) Preference.--In making subgrants to eligible local educational agencies, a State educational agency shall award competitive preference points equal to 10 percent of the total number of points if applicants propose to use research-proven reading programs.''; and (B) in paragraph (7)(A)(ii), by striking ``learning system or program of reading instruction'' and inserting ``research-proven reading program, or, at a minimum, a program''; and (2) in subsection (d)-- (A) in paragraph (3)(A)(ii)(I), by inserting ``that are research-proven reading programs, or, at a minimum, are'' before ``based on''; and (B) in paragraph (4)-- (i) in subparagraph (A)(i), by inserting ``that are research-proven reading programs, or, at a minimum, are'' after ``instruction''; and (ii) in subparagraph (B)(ii), by inserting ``research-proven reading programs, or, at a minimum, programs of'' after ``clause (i),''. SEC. 203. STATE FORMULA GRANT APPLICATIONS. Section 1203 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6363) is amended-- (1) in subsection (b)(4)-- (A) in subparagraph (B), by striking ``instructional materials, programs, strategies, and approaches,'' and inserting ``research-proven reading programs, or, at a minimum, programs''; (B) in subparagraph (C)(ii), by inserting ``research-proven reading programs, or, at a minimum, programs'' after ``(ii)''; and (C) in subparagraph (E), by inserting ``research- proven reading programs, or, at a minimum,'' after ``will use''; (2) in subsection (c)(2)(B)-- (A) in clause (ii)-- (i) by striking ``to individuals who teach reading to children and adults''; (ii) by inserting ``on research-proven reading programs, or, at a minimum, programs'' before ``based on''; and (iii) by inserting ``to individuals who teach reading to children and adults'' after ``research''; and (B) in clause (iii)-- (i) by striking ``to other instructional staff''; (ii) by inserting ``on research-proven reading programs, or, at a minimum, programs'' before ``based on''; and (iii) by inserting ``to other instructional staff'' after ``research''; and (3) in subsection (d)-- (A) in paragraph (2)(E), by inserting ``research- proven reading programs, or, at a minimum, programs based on'' after ``tutors and''; and (B) in paragraph (3)-- (i) in subparagraph (A), by inserting ``a research-proven reading program, or, at a minimum, a program'' after ``that is''; and (ii) in subparagraph (C), by inserting ``on research-proven reading programs, or, at a minimum, programs'' after ``instruction''. SEC. 204. INFORMATION DISSEMINATION. Section 1207(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6367(a)) is amended-- (1) in paragraph (1), insert ``research-proven reading programs, or, at a minimum,'' after ``information on''; and (2) in paragraph (3), insert ``of research-proven reading programs, or, at a minimum,'' after ``instruction''. SEC. 205. DEFINITIONS. Section 1208 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6368) is amended-- (1) by redesignating paragraphs (6) and (7), as paragraphs (7) and (8), respectively; and (2) by inserting after paragraph (5) the following: ``(6) Research-proven reading program.-- ``(A) In general.--The term `research-proven reading program' means a program that is determined to be a qualified program pursuant to subparagraph (B) and that is evaluated in not less than 2 studies, both of which studies meet the following minimum criteria: ``(i) The program was compared to a control group using alternative or traditional methods. ``(ii) The study duration was not less than 12 weeks. ``(iii) Program and control schools were equivalent at pretest in reading achievement (within 0.5 standard deviations). Analyses of posttest differences were adjusted for pretest differences. ``(iv) The reading posttest measures used to compare program and control groups is a valid standardized or criterion-referenced test of reading, such as a State accountability test, and is not inherent to the program. For example, tests made by the program authors, or tests of content not studied by control students, do not qualify. ``(v) The sample size of each study is not less than 5 classes or 125 students per treatment (10 classes or 250 students overall). Multiple smaller studies may be combined to reach this sample size collectively. ``(vi) The median difference between program and control students across all qualifying studies is not less than 20 percent of student-level standard deviation, in favor of the program students. ``(B) Review.-- ``(i) In general.--The Department shall constitute a review panel to review scientific reviews of reading evaluations and determine which programs qualify as qualified research- proven reading programs. ``(ii) Panel members.--Review panel members shall have expertise in scientific research review and in scientifically based reading research but may not have financial or personal connection with the authors or publishers of any programs. ``(iii) Panel meetings.--Review panel meetings shall be open to the public and minutes shall be made available to the public.''. TITLE III--DEFINITION OF RESEARCH-PROVEN PROGRAM SEC. 301. DEFINITION OF RESEARCH-PROVEN PROGRAM. Section 9101 Note: This is the correct section reference, not 1901. of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is amended-- (1) by redesignating paragraphs (37) through (43) as paragraphs (38) through (44), respectively; and (2) by inserting after section (36) the following: ``(37) Research-proven program.-- ``(A) In general.--The term `research-proven program' means a program that is determined to be a qualified program pursuant to subparagraph (B) and that is evaluated in not less than 2 studies, both of which studies meet the following minimum criteria: ``(i) The program was compared to a control group using alternative or traditional methods. ``(ii) The study duration was not less than 12 weeks. ``(iii) Program and control schools were equivalent at pretest in achievement (within 0.5 standard deviations). Analyses of posttest differences are adjusted for pretest differences. ``(iv) The posttest measures used to compare program and control groups is a valid standardized or criterion-referenced test, such as a State accountability test, and is not inherent to the program. For example, tests made by the program authors, or tests of content not studied by control students, do not qualify. ``(v) The sample size of each study is not less than 5 classes or 125 students per treatment (10 classes or 250 students overall). Multiple smaller studies may be combined to reach this sample size collectively. ``(vi) The median difference between program and control students across all qualifying studies is not less than 20 percent of student-level standard deviation, in favor of the program students. ``(B) Review.-- ``(i) In general.--The Department shall constitute a review panel to review scientific reviews of program evaluations and determine which programs qualify as research-proven programs. ``(ii) Panel members.--Panel members shall have expertise in scientific research review but may not have financial or personal connection with the authors or publishers of any programs. ``(iii) Panel meetings.--Panel meetings shall be open to the public and minutes shall be made available to the public.''.

Proven Programs for the Future of Education Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to provide that in all competitive grants awarded by the Department of Education to states or local educational agencies (LEAs) or by states to LEAs under the Act, 10% of the competitive preference points may be awarded to states and LEAs that propose to use research-proven programs, if appropriate. Requires reading instruction under the Reading First program to be research-proven or, at a minimum, meet the current requirement that it be scientifically-based. Defines "research-proven reading programs" as those that are deemed to be such programs by a Department of Education review panel and are evaluated in at least two studies, both of which meet specified minimum criteria that require the use of control groups.

A bill to encourage the use of research-proven programs in the Elementary and Secondary Education Act of 1965.

S. (a) Emergencies.--Title III of the Congressional Budget Act of 1974 is further amended by adding at the end the following new section: ``emergencies ``Sec. 317. (a) Adjustments.-- ``(1) In general.--After the reporting of a bill or joint resolution or the submission of a conference report thereon that provides budget authority for any emergency as identified pursuant to subsection (d)-- ``(A) the chairman of the Committee on the Budget of the House of Representatives or the Senate shall determine and certify, pursuant to the guidelines referred to in section 504 of the SAFE Budget Process Reform Act of 2007, the portion (if any) of the amount so specified that is for an emergency within the meaning of section 3(12); and ``(B) such chairman shall make the adjustment set forth in paragraph (2) for the amount of new budget authority (or outlays) in that measure and the outlays flowing from that budget authority. ``(2) Matters to be adjusted.--The adjustments referred to in paragraph (1) are to be made to the allocations made pursuant to the appropriate concurrent resolution on the budget pursuant to section 302(a) and shall be in an amount not to exceed the amount reserved for emergencies pursuant to the requirements of subsection (b). ``(b) Reserve Fund for Emergencies.-- ``(1) Amounts.--The amount set forth in the reserve fund for emergencies for budget authority and outlays for a fiscal year pursuant to section 301(a)(4) shall equal-- ``(A) the average of the enacted levels of budget authority for emergencies in the 5 fiscal years preceding the current year; and ``(B) the average of the levels of outlays for emergencies in the 5 fiscal years preceding the current year flowing from the budget authority referred to in subparagraph (A), but only in the fiscal year for which such budget authority first becomes available for obligation. ``(2) Average levels.--For purposes of paragraph (1), the amount used for a fiscal year to calculate the average of the enacted levels when one or more of such 5 preceding fiscal years is any of fiscal years 2002 through 2006 is as follows: the amount of enacted levels of budget authority and the amount of new outlays flowing therefrom for emergencies, but only in the fiscal year for which such budget authority first becomes available for obligation for each of such 5 fiscal years, which shall be determined by the Committees on the Budget of the Senate and the House of Representatives after receipt of a report on such matter transmitted to such committees by the Director of the Congressional Budget Office 6 months after the date of enactment of this section and thereafter in February of each calendar year. ``(3) Special rule for overseas contingency operations.-- ``(A) In general.--This paragraph shall apply in lieu of paragraph (1) in the case of a bill or joint resolution reported by the Committee on Appropriations that provides budget authority for any emergency that is a threat to national security and the funding of which carries out a military operation authorized by a declaration of war or a joint resolution authorizing the use of military force (or economic assistance funding in furtherance of such operation). ``(B) Amounts.--The amount set forth in the reserve fund for operations described in subparagraph (A) for budget authority and outlays for a fiscal year pursuant to section 301(a)(4) shall equal the amount requested for such operations by the budget submission required by section 1105 of title 31 for that fiscal year. ``(c) Emergencies in Excess of Amounts in Reserve Fund.-- ``(1) In general.--A bill or joint resolution reported by the Committee on Appropriations or any other committee that provides budget authority for any emergency and is accompanied by a report, pursuant to subsection (d), that identifies any provision that increases outlays or provides budget authority (and the outlays flowing therefrom) for such emergency shall be subject to paragraph (2) if the enactment of the bill or joint resolution which would cause-- ``(A) in the case of the Committee on Appropriations, the total amount of budget authority or outlays provided for emergencies for the budget year in the concurrent resolution on the budget (pursuant to section 301(a)(4)) to be exceeded; or ``(B) in the case of any other committee, the total amount of budget authority or outlays provided for emergencies for the budget year or the total of the fiscal years in the concurrent resolution on the budget (pursuant to section 301(a)(4)) to be exceeded. ``(2) Conditions.--The conditions referred to in paragraph (1) are as follows: ``(A) Such bill or joint resolution shall be referred to the Committee on the Budget of the House or the Senate, as the case may be, with instructions to report it without amendment, other than that specified in subparagraph (B), within 5 legislative days of the day in which it is reported from the originating committee. If the Committee on the Budget of either House fails to report a bill or joint resolution referred to it under this subparagraph within such 5- day period, the committee shall be automatically discharged from further consideration of such bill or joint resolution and such bill or joint resolution shall be placed on the appropriate calendar. ``(B) An amendment to such a bill or joint resolution referred to in this subsection shall only consist of an exemption from section 251 or 252 (as applicable) of the Balanced Budget and Emergency Deficit Control Act of 1985 of all or any part of the provisions that provide budget authority (and the outlays flowing therefrom) for such emergency if the committee determines, pursuant to the guidelines referred to in section 504 of the SAFE Budget Process Reform Act of 2007, that such budget authority is for an emergency within the meaning of section 3(12). ``(C) If such a bill or joint resolution is reported with an amendment specified in subparagraph (B) by the Committee on the Budget of the Senate or the House of Representatives, then the budget authority and resulting outlays that are the subject of such amendment shall not be included in any determinations under section 302(f) or 311(a) for any bill, joint resolution, amendment, motion, or conference report. ``(d) Committee Notification of Emergency Legislation.--Whenever the Committee on Appropriations or any other committee of either House (including a committee of conference) reports any bill or joint resolution that provides budget authority for any emergency, the report accompanying that bill or joint resolution (or the joint explanatory statement of managers in the case of a conference report on any such bill or joint resolution) shall identify all provisions that provide budget authority and the outlays flowing therefrom for such emergency and include a statement of the reasons why such budget authority meets the definition of an emergency pursuant to the guidelines referred to in section 504 of the SAFE Budget Process Reform Act of 2007.''. (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 316 the following new item: ``Sec. 317. Emergencies.''. SEC. 507. APPLICATION OF SECTION 306 TO EMERGENCIES IN EXCESS OF AMOUNTS IN RESERVE FUND. Section 306 of the Congressional Budget Act of 1974 is amended by inserting at the end the following new sentence: ``No amendment reported by the Committee on the Budget (or from the consideration of which such committee has been discharged) pursuant to section 317(c) may be amended.''. SEC. 508. UP-TO-DATE TABULATIONS. Section 308(b)(2) of the Congressional Budget Act of 1974 is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``; and'', and by adding at the end the following new subparagraph: ``(D) shall include an up-to-date tabulation of amounts remaining in the reserve fund for emergencies.''. SEC. 509. PROHIBITION ON AMENDMENTS TO EMERGENCY RESERVE FUND. (a) Point of Order.--Section 305 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: ``(e) Point of Order Regarding Emergency Reserve Fund.--It shall not be in order in the Senate or in the House of Representatives to consider an amendment to a concurrent resolution on the budget which changes the amount of budget authority and outlays set forth in section 301(a)(4) for emergency reserve fund.''. (b) Technical Amendment.--(1) Section 904(c)(1) of the Congressional Budget Act of 1974 is amended by inserting ``305(e),'' after ``305(c)(4),''. (2) Section 904(d)(2) of the Congressional Budget Act of 1974 is amended by inserting ``305(e),'' after ``305(c)(4),''. SEC. 510. EFFECTIVE DATE. The amendments made by this title shall apply to fiscal year 2008 and subsequent fiscal years, but such amendments shall take effect only after the enactment of legislation changing or extending for any fiscal year the discretionary spending limits set forth in section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 or legislation reducing the amount of any sequestration under section 252 of such Act by the amount of any reserve for any emergencies.

Securing America's Future Economy Budget Process Reform Act, or SAFE Budget Process Reform Act - Amends the Congressional Budget Act of 1974 (CBA) to require adoption of a joint resolution by the House and Senate to extend discretionary spending caps in the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Amends the Gramm-Rudman-Hollings Act to extend Pay-As-You-Go requirements, and certain deficit control rules. Makes it out of order in the Senate to consider direct spending or revenue legislation that would cause a deficit or increase the deficit for any one of three applicable time periods. Amends CBA to require the Congressional Budget Office (CBO) to prepare an estimate for legislation reported from committee (except measures within the jurisdiction of the Committee on Appropriations) or placed on the Senate Legislative Calendar, including related amendments or conference reports, on whether the measure would cause a net increase in direct spending in excess of $5 billion in any of the five 10-year periods beginning with the budget year. Federal Insurance Budgeting Act of 2005 - Requires that, starting FY2012, the President's budget submission to Congress be based upon the risk-assumed cost of federal insurance programs for accrual budgeting purposes. Amends cost requirements of federal insurance programs. Requires agencies responsible for federal insurance programs to develop models to estimate their risk-assumed cost by year. Amends CBA to revise the federal and congressional budget processes by establishing a two-year budgeting and appropriations cycle and timetable. Defines the budget biennium as the two consecutive fiscal years beginning on October 1 of any odd-numbered year. Establishes the Commission on Federal Budget Concepts. Repeals Gramm-Rudman-Hollings Act requirements for emergency adjustments to spending legislation. Amends CBA to prescribe requirements for such adjustments, including a reserve fund for emergencies.

A bill to secure America's future economy through reform of the Federal budget process.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agriculture Environmental Stewardship Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) Incentives and encouragement for the conservation and appropriate handling of nutrients contained in organic matter are necessary. (2) Biogas systems will save Federal, State, and local taxpayers money by converting waste into useful products, such as fuel, fertilizer, thermal heat, feedstock for hydrogen fuel cells, and renewable chemicals. (3) Manure resource recovery systems will save Federal, State, and local taxpayers money by recovering the nutrients contained in organic matter from their source, rather than recovering the nutrients after they have entered landfills or waterways. SEC. 3. ENERGY CREDIT FOR QUALIFIED BIOGAS PROPERTY AND QUALIFIED MANURE RESOURCE RECOVERY PROPERTY. (a) In General.--Section 48(a)(3)(A) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of clause (vi) and by adding at the end the following new clauses: ``(viii) qualified biogas property, or ``(ix) qualified manure resource recovery property,''. (b) 30-Percent Credit.--Section 48(a)(2)(A)(i) of such Code is amended by striking ``and'' at the end of subclause (III), by striking ``and'' at the end of subclause (IV), and by adding at the end the following new subclauses: ``(V) qualified biogas property, and ``(VI) qualified manure resource recovery property, and''. (c) Definitions.--Section 48(c) of such Code is amended by adding at the end the following new paragraphs: ``(5) Qualified biogas property.-- ``(A) In general.--The term `qualified biogas property' means property comprising a system which-- ``(i) uses anaerobic digesters, or other biological, chemical, thermal, or mechanical processes (alone or in combination), to convert biomass (as defined in section 45K(c)(3)) into a gas which consists of not less than 52 percent methane, and ``(ii) captures such gas for use as a fuel. ``(B) Inclusion of certain cleaning and conditioning equipment.--Such term shall include any property which cleans and conditions the gas referred to in subparagraph (A) for use as a fuel. ``(C) Termination.--No credit shall be determined under this section with respect to any qualified biogas property for any period after December 31, 2020. ``(6) Qualified manure resource recovery property.-- ``(A) In general.--The term `qualified manure resource recovery property' means property comprising a system which uses physical, biological, chemical, thermal, or mechanical processes to recover the nutrients nitrogen and phosphorus from a non-treated digestate or animal manure by reducing or separating at least 50 percent of the concentration of such nutrients, excluding any reductions during the incineration, storage, composting, or field application of the non-treated digestate or animal manure. ``(B) Inclusion of certain processing equipment.-- Such term shall include-- ``(i) any property which is used to recover the nutrients referred to in subparagraph (A), such as-- ``(I) biological reactors, ``(II) crystallizers, ``(III) reverse osmosis membranes and other water purifiers, ``(IV) evaporators, ``(V) distillers, ``(VI) decanter centrifuges, and ``(VII) equipment that facilitates the process of dissolved air flotation, ammonia stripping, gasification, or ozonation, and ``(ii) any thermal drier which treats the nutrients recovered by the processes referred to in subparagraph (A). ``(C) Termination.--No credit shall be determined under this section with respect to any qualified manure resource recovery property for any period after December 31, 2020.''. (d) Denial of Double Benefit for Qualified Biogas Property.-- Section 45(e) of such Code is amended by adding at the end the following new paragraph: ``(12) Coordination with energy credit for qualified biogas property.--The term `qualified facility' shall not include any facility which produces electricity from gas produced by qualified biogas property (as defined in section 48(c)(5)) if a credit is determined under section 48 with respect to such property for the taxable year or any prior taxable year.''. (e) Effective Date.--The amendments made by this section shall apply to periods after December 31, 2015, in taxable years ending after such date, under rules similar to the rules of section 48(m) of such Code (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 4. NEW CLEAN RENEWABLE ENERGY BONDS FOR QUALIFIED BIOGAS PROPERTY AND QUALIFIED MANURE RESOURCE RECOVERY PROPERTY. (a) In General.--Section 54C(d)(1) of the Internal Revenue Code of 1986 is amended by inserting ``, a qualified biogas property (as defined in section 48(c)(5)), or a qualified manure resource recovery property (as defined in section 48(c)(6))'' before ``owned by''. (b) Effective Date.--The amendment made by this section shall apply to obligations issued after the date of the enactment of this Act. SEC. 5. STUDY OF BIOGAS. (a) In General.--The Secretary of the Treasury shall enter into an agreement with the National Renewable Energy Laboratory to undertake a study of biogas that addresses the following: (1) The quality of biogas, including a comparison of biogas to natural gas and the identification of any components of biogas which make biogas unsuitable for injection into existing natural gas pipelines. (2) Methods for obtaining the highest energy content in biogas, including the use of co-digestion and identifying the optimal feed mixture. (3) Recommendations for the expansion of biogas production, including an analysis of the extent to which increasing the methane content of biogas would result in the greater use of biogas and an analysis of how the expanded use of biogas could help meet the growing energy needs of the United States. (b) Report.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under subsection (a).

Agriculture Environmental Stewardship Act of 2016 This bill amends the Internal Revenue Code to allow energy tax credits through 2020 for investments in: (1) qualified biogas property, or (2) qualified manure resource recovery property. The bill also permits new clean renewable energy bonds to be used for such properties. "Qualified biogas property" comprises a system that: (1) uses anaerobic digesters or other specified processes to convert biomass into a gas which is at least 52% methane, and (2) captures the gas for use as a fuel. The term includes property that cleans and conditions the gas for use as a fuel. "Qualified manure resource recovery property" comprises a system that uses specified processes to recover the nutrients nitrogen and phosphorus from a non-treated digestate or animal manure by reducing or separating at least 50% of the nutrients, excluding any reductions during the incineration, storage, composting, or field application of the non-treated digestate or animal manure. The term also includes certain processing equipment. The Department of the Treasury must enter into an agreement with the National Renewable Energy Laboratory for a study of biogas and report to Congress on the study.

Agriculture Environmental Stewardship Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Traffic Equity Act of 2002''. SEC. 2. FINDINGS AND DEFINITIONS. (a) Findings.--Congress finds the following: (1) The Federal Aviation Administration (in this section referred to as the ``FAA'') requested an exemption from Federal personnel regulations to create a performance-based system. (2) The Administrator of the FAA elected to implement a system adversely impacting air traffic employees and contrary to the basic tenets of fairness and Federal employment in general. (3) The report of the General Accounting Office on managers and supervisors identified the FAA as worse, in general, than the rest of the Government in multiple aspects. (4) The Inspector General of the Department of Transportation found that the new FAA compensation system is inequitable, imposes disparate compensation on employees, has no link between pay and performance, and is not based on experience, qualifications, position, duties, or responsibilities. (5) The Committee on Appropriations of the House of Representatives concluded that the personnel reform efforts of the FAA have been a failure and should receive special review in future reauthorizations. (6) An independent study by the National Academy of Public Administration found that the FAA has not met many of the key goals of personnel reform. (7) The Administrator of the FAA has ignored all applications for redress to correct these ongoing disparities and the inequitable treatment of employees. (8) These actions elicit from FAA employees a sense of betrayal of trust and commitment at a critical juncture in the national response to security events. (9) The actions of the Administrator of the FAA violate the basic tenets from which the exemption to Federal personnel regulations were requested and authorized. (b) Definitions.--In this Act, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (2) Air traffic control specialized compensation system.-- The term ``air traffic control specialized compensation system'' means the compensation system implemented beginning on October 1, 1998, for air traffic controllers in conjunction with a collective bargaining agreement with the National Air Traffic Controllers Association. (3) Air traffic controller.--The term ``air traffic controller'' means an employee of the Federal Aviation Administration in a position classified in the 2152 occupation series in the Federal Wage System, regardless of the employee's assigned location or position. (4) Air traffic mss employee.--The term ``air traffic MSS employee'' means an air traffic controller assigned as a manager, supervisor, or staff specialist or any additional employee designated by the Administrator or the Director of the Air Traffic Service as critical to accomplishing the air traffic control mission of the Federal Aviation Administration. (5) Covered air traffic mss employee.--The term ``covered air traffic MSS employee'' means an air traffic MSS employee covered by the air traffic control specialized compensation system. (6) FAA field facilities.--The term `FAA field facilities' means the air traffic control towers, terminal radar approach controls, and enroute centers of the Federal Aviation Administration. (7) FAA headquarters.--The term ``FAA headquarters'' means the headquarters of the Federal Aviation Administration in Washington, D.C., including organizations that have elements that are physically resident at other locations (such as the Federal Aviation Administration Academy and the William J. Hughes Technical Center). (8) FAA regional offices.--The term ``FAA regional offices'' means the 9 regional offices of the Federal Aviation Administration. (9) Uncovered air traffic mss employee.--The term ``uncovered air traffic MSS employee'' means an air traffic MSS employee not covered by the air traffic control specialized compensation system. SEC. 3. ADJUSTMENT IN PAYMENT RATES. (a) In General.--Not later than 60 days after the date of enactment of this Act, the Administrator shall adjust the annual rates of basic pay applicable to uncovered air traffic MSS employees to align the rates with the annual rates of basic pay applicable to covered air traffic MSS employees. (b) Adjustments.--In adjusting annual rates of basic pay under subsection (a), the Administrator shall-- (1) align staff specialists assigned to FAA field facilities with MSS-1 positions under the air traffic control specialized compensation system; (2) align staff specialists assigned to FAA regional offices and FAA headquarters with MSS-2 positions under the air traffic control specialized compensation system; (3) align special assistants assigned to FAA regional offices and FAA headquarters, and branch managers assigned to FAA headquarters, with MSS-3 positions under the air traffic control specialized compensation system; and (4) align branch managers assigned to FAA regional offices, and division mangers and deputy division managers assigned to FAA Headquarters, with MSS-4 positions under the air traffic control specialized compensation system. (c) Pay Level.--The adjusted annual rate of basic pay established under subsection (a) for an uncovered air traffic MSS employee shall be based on the highest air traffic control level in the employee's geographic area of responsibility. (d) Increases.--With respect to an employee who was employed as an uncovered air traffic MSS employee during all or any portion of the period beginning on October 1, 1998, and ending on the date of enactment of this Act, the adjusted annual rate of pay of the employee established under subsection (a) shall take into account any increase that the employee would have received had the employee been covered by the air traffic control specialized compensation system during the period of such employment. (e) Limitation.--The Administrator shall not reduce the annual rate of basic pay of any employee as the result of a pay adjustment under this section. SEC. 4. LUMP SUM PAYMENT. (a) In General.--Not later than 60 days after the date of enactment of this Act, and subject to amounts being made available in advance in appropriations Acts, the Administrator shall make a lump sum payment to each individual employed as an uncovered air traffic MSS employee during all or any portion of the period beginning on October 1, 1998, and ending on the date of enactment of this Act, including former air traffic MSS employees. (b) Amount of Payment.--The amount of a lump sum payment to an employee under subsection (a) shall equal the difference between-- (1) the amount of basic pay that the employee would have received for employment as an air traffic MSS employee in the period beginning on October 1, 1998, and ending on the date of enactment of this subsection had the employee been covered by the air traffic control specialized compensation system during the period of such employment; and (2) the amount of basic pay actually received by the employee for such employment in such period. (c) Inclusion of Retirement Benefits.--In determining the amount of basic pay of an employee under this section, the Administrator shall include future retirement benefits attributable to the employee's annual rate of basic pay, as estimated by the Administrator. SEC. 5. TREATMENT OF GROUPS OF EMPLOYEES. In calculating the amount of a pay adjustment under section 3 and a lump sum payment under section 4, the Administrator may group employees in similar positions, in similar locations, and with similar lengths of service in order to avoid making a separate calculation with respect to each employee. SEC. 6. INDIVIDUAL APPEAL RIGHTS. (a) In General.--An individual aggrieved by a final determination under this Act shall be entitled to appeal such determination to the Merit Systems Protection Board under title 5, United States Code, or through any contractual grievance procedure that is applicable to the employee as a member of a collective bargaining unit. (b) Compensation Appeals.--The Office of Personnel Management shall by regulation establish procedures under which individuals may bring an appeal to the Office with respect to any failure to have been properly compensated in accordance with this Act. A final determination under this subsection shall be appealable under subsection (a). (c) Election of Forum.--Where a determination may be contested through more than one of the indicated forums (such as the contractual grievance procedure or that of the Merit Systems Protection Board), an employee must elect the forum through which the matter will be contested. Nothing in this section is intended to allow an employee to contest an action through more than one forum unless otherwise authorized by law. SEC. 7. COORDINATION WITH UNIONS. The Administrator shall promptly coordinate implementation of the requirements of this Act with the unions representing employees affected by this Act. If an agreement is not reached within sufficient time to implement the provisions of this Act by the specified deadlines, the lack of an agreement shall not delay that implementation for those employees for whom an agreement has been reached or where such an agreement is not required.

Air Traffic Equity Act of 2002 - Directs the Administrator of the Federal Aviation Administration (FAA) to adjust the annual rates of basic pay applicable to uncovered air traffic MSS employees (an air traffic controller assigned as a manager, supervisor, or staff specialist or any additional employee designated as critical to accomplishing the FAA air traffic control mission that is not covered by the air traffic control specialized compensation system). Requires such adjustment to align the rates with the annual rates of basic pay applicable to covered air traffic MSS employees (air traffic MSS employees covered by the air traffic control specialized compensation system). Sets forth certain basic pay adjustment requirements, including the payment of a lump sum to uncovered and former air traffic MSS employees. Entitles an individual aggrieved by a final determination under this Act to appeal to the Merit Systems Protection Board, or through any contractual grievance procedure applicable to the employee as a member of a collective bargaining unit.

To provide equitable pay to air traffic managers, supervisors, and specialists of the Federal Aviation Administration at regional and headquarters locations, and for other purposes.

SECTION 1. INTEREST PAYMENTS DEDUCTIBLE WHERE DISQUALIFIED GUARANTEE HAS NO ECONOMIC EFFECT. (a) In General.--Section 163(j)(6)(D)(ii) of the Internal Revenue Code of 1986 (relating to exceptions to disqualified guarantee) is amended-- (1) by striking ``or'' at the end of subclause (I), (2) by striking the period at the end of subclause (II) and inserting ``, or'', (3) by inserting after subclause (II) the following new subclause: ``(III) in the case of a guarantee by a foreign person, to the extent of the amount that the taxpayer establishes to the satisfaction of the Secretary that the taxpayer could have borrowed from an unrelated person without the guarantee.''. (b) Effective Date.--The amendments made by this section shall apply to guarantees issued on and after the date of the enactment of this Act. SEC. 2. INTEREST PAID TO CERTAIN LENDERS NOT DISQUALIFIED INTEREST. (a) In General.--Section 163(j)(3)(B) of the Internal Revenue Code of 1986 (defining disqualified interest) is amended by striking ``and'' at the end of clause (i) and by inserting after clause (ii) the following new clause: ``(iii) the interest is not paid or accrued to a qualified lender, and''. (b) Qualified Lender.--Section 163(j)(6) of the Internal Revenue Code of 1986 (relating to other definitions and special rules) is amended by adding at the end the following new subparagraphs: ``(F) Qualified lender.--A holder of debt shall be a qualified lender with respect to such debt if such person is-- ``(i) a United States person subject to the income tax imposed by this chapter (determined without regard to section 511) and-- ``(I) such person is a financial institution, or ``(II) such debt is publicly issued debt, or ``(ii) a foreign person which is subject to either net basis or gross basis taxation and-- ``(I) such person is a financial institution required to include the interest on such debt in taxable income under section 882, or ``(II) such debt is publicly issued debt. ``(G) Financial institution.--The term `financial institution' means a person which is-- ``(i) predominantly engaged in the active conduct of a banking, financing, or similar business within the meaning of section 954(h), ``(ii) a corporation described in section 581 or 591 (relating to banks and other savings institutions), or ``(iii) an insurance company subject to tax under subchapter L or which would be subject to tax under subchapter L if it were a domestic corporation. ``(H) Publicly issued debt.--The term `publicly issued debt' means-- ``(i) commercial paper described in section 3(a)(3) or 4(2) of the Securities Act of 1933, ``(ii) a debt instrument which is-- ``(I) part of an issue of debt instruments meeting the requirements of section 871(h) or 881(c) (relating to the exemptions from withholding tax for certain portfolio debt investments) without regard to section 871(h)(2)(B)(ii) and section 881(c)(2)(B)(ii), and ``(II) readily tradable on an established securities market, or ``(iii) a debt instrument which is part of an issue of debt instruments the initial offering of which is registered with the Securities and Exchange Commission or would be required to be registered under the Securities Act of 1933 but for an exemption from registration-- ``(I) under section 3 of the Securities Act of 1933, ``(II) under any law (other than the Securities Act of 1933) because of the identity of the issuer or the nature of the security, ``(III) because the issue is intended for distribution to persons who are not United States persons, or ``(IV) pursuant to section 230.144A of title 17, Code of Federal Regulations (relating to securities placed with qualified institutional buyers) or any successor rule or regulation.''. (c) Effective Date.--The amendments made by this section shall apply to debt issued on or after the date of the enactment of this Act.

Amends the Internal Revenue Code to eliminate the limitation for the deduction of interest for interest payments on debt guaranteed by a foreign person as long as the taxpayer establishes that it could have borrowed the same amount of debt from an unrelated lender without a guarantee. Revises the definition of disqualified interest.

A bill to amend the Internal Revenue Code of 1986 to provide for the deduction of interest paid in certain situations where the debt is guaranteed by a related foreign person.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Innovation Growth through Data for Intellectual Property Act'' or the ``BIG Data for IP Act''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``advanced data science analytics'' means techniques, such as artificial intelligence, machine learning, and other methods of analyzing large data sets, that are used to make policy recommendations; (2) the term ``Director'' means the Under Secretary of Commerce for Intellectual Property and Director of the Office; (3) the term ``Office'' means the United States Patent and Trademark Office; (4) the term ``PPAC'' means the Patent Public Advisory Committee of the Office; and (5) the term ``TPAC'' means the Trademark Public Advisory Committee of the Office. SEC. 3. FINDINGS. Congress finds the following: (1) Section 10(a) of the Leahy-Smith America Invents Act (35 U.S.C. 41 note) grants the Director the authority to ``set or adjust by rule any fee established, authorized, or charged under title 35, United States Code, or the Trademark Act of 1946. . . . to recover the aggregate estimated costs to the Office for processing, activities, services, and materials relating to patents (in the case of patent fees) and trademarks (in the case of trademark fees), including administrative costs of the Office''. (2) The Office has worked with PPAC, TPAC, and the public to engage in a fee-setting process that is transparent, as envisioned by the Leahy-Smith America Invents Act (Public Law 112-29; 125 Stat. 284). (3) Since 2011, the Office has used this fee-setting authority to implement a sustainable funding model with an operating reserve, which allows the Office to invest in long- term projects, including crucial infrastructure upgrades that are necessary for a 21st century intellectual property office, regardless of whether there are temporary fluctuations in patent or trademark filings. (4) The infrastructure upgrades described in paragraph (3) include the use of advanced data science analytics, which will help to-- (A) improve productivity and quality with respect to the issuance of patents and trademarks; and (B) ensure-- (i) the consistent application of laws by nearly 9,000 patent examiners and trademark examining attorneys; and (ii) the certainty and strength of Federally-granted rights that are foundational to the economy of the United States. SEC. 4. EXTENSION OF SUNSET. Section 10(i)(2) of the Leahy-Smith America Invents Act (35 U.S.C. 41 note) is amended by striking ``the 7-year period beginning on the date of the enactment of this Act'' and inserting ``the 10-year period beginning on the date of enactment of the BIG Data for IP Act''. SEC. 5. REPORT. Not later than 2 years after the date of enactment of this Act, the Director shall submit to Congress a report that includes-- (1) the status of the capabilities of the information technology systems of the Office with respect to-- (A) the examination of patents and trademarks; and (B) proceedings conducted before the-- (i) Patent Trial and Appeal Board of the Office; and (ii) Trademark Trial and Appeal Board of the Office; (2) a 5-year plan for further modernization of the information technology systems described in paragraph (1); and (3) an accounting of the use by the Office of advanced data science analytics, including from commercially available sources, to improve the patent and trademark examination process where appropriate, including-- (A) a description of how the Office uses advanced data science analytics with respect to the examination of patents and trademarks to-- (i) improve consistency; (ii) detect common sources of error; and (iii) improve productivity; (B) a 5-year plan for further development of advanced data science analytics for the uses described in subparagraph (A); and (C) a description of how the findings made as a result of the uses of advanced data science analytics under subparagraph (A) shall be made available to the public on a regular basis.

Building Innovation Growth through Data for Intellectual Property Act or the BIG Data for IP Act This bill amends the Leahy-Smith America Invents Act to extend for 10 years the authority of the U.S. Patent and Trademark Office to set and adjust patent fees.

Building Innovation Growth through Data for Intellectual Property Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Communications Commission Reform Act''. SEC. 2. ESTABLISHMENT. There is established the Commission to Study the Structure and Reauthorization of the Federal Communications Commission (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall study and report on the organizational structure of the Federal Communications Commission, with an emphasis on determining-- (1) whether that structure should be changed to reflect the current state of telecommunications, including the rise of the Internet; and (2) whether there should be a reduction in the number of commissioners. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 7 members, appointed as follows: (1) 2 members appointed by the Speaker of the House of Representatives in consultation with the Chairman of the Committee on Commerce of the House of Representatives and in accordance with subsection (c). (2) 2 members appointed by the majority leader of the Senate in consultation with the Chairman of the Committee on Commerce, Science, and Transportation of the Senate and in accordance with subsection (c). (3) 2 members appointed by the minority leader of the House of Representatives in consultation with the ranking minority member of the Committee on Commerce of the House of Representatives. (4) 1 member appointed by the Chairman and ranking minority member of the Committee on Commerce of the House of Representatives acting jointly. (b) Appointments Deadline.--All appointments under subsection (a) shall be made not later than 45 days after the date of the enactment of this Act. (c) Appointments of Former Commissioners.--The Speaker of the House of Representatives and the majority leader of the Senate shall each, under subsection (a), appoint as a member of the Commission at least 1 former commissioner of the Federal Communications Commission. (d) 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. (e) Basic Pay.-- (1) Rates of pay.--Members shall receive no pay for their service on the Commission. (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (f) Quorum.--4 members shall constitute a quorum, but a lesser number may hold hearings. SEC. 5. 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. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take by this section. (c) Obtaining Official Data.-- (1) In general.--Subject to section 552 of title 5, United States Code, popularly known as the Freedom of Information Act, and section 552a of title 5, United States Code, popularly known as the Privacy Act of 1974, 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 Commission, the head of such a department or agency shall furnish that information to the Commission. (2) Interviews.--Each commissioner of the Federal Communications Commission shall, upon request of the Commission, provide the Commission a reasonable opportunity to interview such commissioner for the purpose of facilitating the work of the Commission. (d) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of facilitating the work of the Commission. (e) 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. (f) 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. (g) General Accounting Office Assistance.--Upon the request of the Commission, the Comptroller General of the United States shall assist the Commission in carrying out this Act. (h) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for supplies and other services. SEC. 6. REPORT. Not later than 6 months after the date of the enactment of this Act, the Commission shall transmit to the Congress a report on the findings and conclusions of the Commission. SEC. 7. TERMINATION. The Commission shall terminate upon transmission of the report required by section 6.

Federal Communications Commission Reform Act - Establishes the Commission to Study the Structure and Reauthorization of the Federal Communications Commission to study and report to Congress on the Commission's organizational structure with an emphasis on determining: (1) whether that structure should be changed to reflect the current state of telecommunications; and (2) whether there should be a reduction in the number of commissioners.

To establish the Commission to Study the Structure and Reauthorization of the Federal Communications Commission.

SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Secure America Act of 2005''. (b) Amendments to Immigration and Nationality Act.--Except as otherwise specifically provided, whenever in this Act an amendment 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 that section or other provision of the Immigration and Nationality Act. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; amendments to Immigration and Nationality Act; table of contents. Sec. 2. Expedited removal. Sec. 3. Increased criminal sentences and fines for alien smuggling. Sec. 4. Enhanced penalties for persons committing offenses while armed. Sec. 5. Use of Army and Air Force to secure the border. Sec. 6. Mandatory sentencing ranges for reentering aliens. Sec. 7. Penalty for countries that do not accept return of nationals. Sec. 8. Bureau of Immigration Enforcement. SEC. 2. EXPEDITED REMOVAL. (a) In General.--Section 235(b)(1)(A)(iii) (8 U.S.C. 1225(b)(1)(A)(iii)) is amended-- (1) in subclause (I), by striking ``Attorney General'' and inserting ``Secretary of Homeland Security'' each place it appears; and (2) by adding at the end the following new subclause: ``(III) Exception.--Notwithstanding subclauses (I) and (II), the Secretary of Homeland Security shall apply clauses (i) and (ii) of this subparagraph to any alien (other than an alien described in subparagraph (F)) who is not a national of a country contiguous to the United States, who has not been admitted or paroled into the United States, and who is apprehended within 100 miles of an international land border of the United States and within 14 days of entry.''. (b) Exceptions.--Section 235(b)(1)(F) (8 U.S.C. 1225(b)(1)(F)) is amended by inserting before the period at the end the following: ``or in any manner at or between a land border port of entry''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to all aliens apprehended on or after such date. SEC. 3. INCREASED CRIMINAL SENTENCES AND FINES FOR ALIEN SMUGGLING. (a) In General.--Subject to subsection (b), pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall promulgate sentencing guidelines or amend existing sentencing guidelines for smuggling, transporting, harboring, or inducing aliens under sections 274(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)) so as to-- (1) triple the minimum term of imprisonment under that section for offenses involving the smuggling, transporting, harboring, or inducing of-- (A) 1 to 5 aliens from 10 months to 30 months; (B) 6 to 24 aliens from 18 months to 54 months; (C) 25 to 100 aliens from 27 months to 81 months; and (D) 101 or more aliens from 37 months to 111 months; (2) increase the minimum level of fines for each of the offenses described in subparagraphs (A) through (D) of paragraph (1) to the greater of $25,000 per alien or 3 times the amount the defendant received or expected to receive as compensation for the illegal activity; (3) increase by at least 2 offense levels above the applicable enhancement in effect on the date of the enactment of this Act the sentencing enhancements for intentionally or recklessly creating a substantial risk of serious bodily injury or causing bodily injury, serious injury, or permanent or life threatening injury; (4) for actions causing death, increase the offense level to be equivalent to that for involuntary manslaughter under section 1112 of title 28, United States Code; and (5) for corporations or other business entities that knowingly benefit from such offenses, increase the minimum level of fines for each of the offenses described in subparagraphs (A) through (D) of paragraph (1) to $50,000 per alien employed directly, or indirectly through contract, by the corporation or entity. (b) Exception.--Subsection (a) shall not apply to an offense that involved the smuggling, transporting, or harboring only of the defendant's spouse or child (or both the defendant's spouse and child). (c) Deadline.--The United States Sentencing Commission shall carry out subsection (a) not later than the date that is 6 months after the date of the enactment of this Act. (d) Amendments to Criminal Penalties.--Section 274(a) (8 U.S.C. 1324(a)) is amended-- (1) in paragraph (1)(B)-- (A) in clause (i), by striking ``10 years'' and inserting ``15 years''; (B) in clause (ii), by striking ``5 years'' and inserting ``10 years''; and (C) in clause (iii), by striking ``20 years'' and inserting ``40 years''; (2) in paragraph (2)-- (A) in subparagraph (A), by striking ``one year, or both; or'' and inserting ``3 years, or both;''; (B) in subparagraph (B)-- (i) in clause (i), by adding at the end the following: ``be fined under title 18, United State Code, and imprisoned not less than 5 years nor more than 25 years;''; (ii) in clause (ii), by striking ``or'' at the end and inserting the following: ``be fined under title 18, United States Code, and imprisoned not less than 3 years nor more than 20 years; or''; and (iii) in clause (iii), by adding at the end the following: ``be fined under title 18, United States Code, and imprisoned not more than 15 years; or''; and (C) by striking the matter following clause (iii) and inserting the following: ``(C) in the case of a third or subsequent offense described in subparagraph (B) and for any other violation, shall be fined under title 18, United States Code, and imprisoned not less than 5 years nor more than 15 years.''; (3) in paragraph (3)(A), by striking ``5 years'' and inserting ``10 years''; and (4) in paragraph (4), by striking ``10 years'' and inserting ``20 years''. (e) Effective Date.--The amendments made by subsection (d) shall take effect on the date of enactment of this Act and shall apply to offenses committed after such date. SEC. 4. ENHANCED PENALTIES FOR PERSONS COMMITTING OFFENSES WHILE ARMED. (a) In General.--Section 924(c)(1) of title 18, United States Code, is amended-- (1) in subparagraph (A)-- (A) by inserting after ``device)'' the following: ``or any violation of section 274(a)(1)(A) of the Immigration and Nationality Act''; and (B) by striking ``or drug trafficking crime--'' and inserting ``, drug trafficking crime, or violation of section 274(a)(1)(A) of the Immigration and Nationality Act--''; and (2) in subparagraph (D)(ii), by striking ``or drug trafficking crime'' and inserting ``, drug trafficking crime, or violation of section 274(a)(1)(A) of the Immigration and Nationality Act''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to offenses committed after such date. SEC. 5. USE OF ARMY AND AIR FORCE TO SECURE THE BORDER. (a) In General.--Section 1385 of title 18, United States Code, is amended by inserting after ``execute the laws'' the following: ``other than at or near a border of the United States in order to prevent aliens not permitted by law to enter the United States, terrorists, and drug smugglers from entering the United States''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment this Act. SEC. 6. MANDATORY SENTENCING RANGES FOR REENTERING ALIENS. (a) Mandatory Sentencing Ranges for Reentering Aliens.--Section 276 (8 U.S.C. 1326) is amended-- (1) in subsection (a), in the matter following paragraph (2), by striking ``imprisoned not more than 2 years,'' and inserting ``imprisoned for a term of not less than 1 year and not more than 2 years,''; and (2) in subsection (b)-- (A) in paragraph (1), by striking ``imprisoned not more than 10 years,'' and inserting ``imprisoned for a term of not less than 5 years and not more than 10 years,''; (B) in paragraph (2), by striking ``imprisoned not more than 20 years,'' and inserting ``imprisoned for a term of not less than 10 years and not more than 20 years,''; and (C) in paragraph (4), by striking ``imprisoned for not more than 10 years,'' and inserting ``imprisoned for a term of not less than 5 years and not more than 10 years,''. (b) Mandatory Sentencing Ranges for Persons Aiding or Assisting Certain Reentering Aliens.--Section 277 (8 U.S.C. 1327) is amended-- (1) by striking ``Any person'' and inserting ``(a) Subject to subsection (b), any person''; and (2) by adding at the end the following: ``(b)(1) Any person who knowingly aids or assists any alien violating section 276(b) to reenter the United States, or who connives or conspires with any person or persons to allow, procure, or permit any such alien to reenter the United States, shall be fined under title 18, United States Code, or imprisoned for a term imposed under paragraph (2), or both. ``(2) The term of imprisonment imposed under paragraph (1) shall be within the range to which the reentering alien is subject under section 276(b).''. (c) Effective Date.--The amendments made by this section are effective on the date of enactment of this Act and shall apply to sentences entered on or after such date. SEC. 7. PENALTY FOR COUNTRIES THAT DO NOT ACCEPT RETURN OF NATIONALS. (a) In General.-- Section 243(d) (8 U.S.C. 1253(d)) is amended-- (1) by striking ``On being notified'' and inserting the following: ``(1) In general.--Upon notification''; (2) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security'' each place it appears; and (3) by adding at the end the following: ``(2) Denial of admission.--The Secretary of Homeland Security, after making a determination that the government of a foreign country has denied or unreasonably delayed accepting an alien who is a citizen, subject, national, or resident of that country after the alien has been ordered removed, and after consultation with the Secretary of State, may deny admission to any citizen, subject, national or resident of that country until the country accepts the alien that was ordered removed.''. (b) Effective Date.--The amendments made by subsection (a) effective on the date of enactment of this Act. SEC. 8. BUREAU OF IMMIGRATION ENFORCEMENT. (a) In General.--Section 442 of Public Law 107-296 is amended-- (1) by striking the heading and inserting the following: ``SEC. 442. ESTABLISHMENT OF BUREAU OF IMMIGRATION ENFORCEMENT.''; (2) by striking subsection (a)(1) and inserting the following: ``(1) In general.--There shall be in the Department of Homeland Security a bureau to be known as the `Bureau of Immigration Enforcement'. The Bureau shall perform only those functions described in section 441 and no other functions, including no functions described in sections 403 and 421.''; (3) by striking subsection (a)(2) and inserting the following: ``(2) Assistant secretary.--The head of the Bureau of Immigration Enforcement shall be the Assistant Secretary of the Bureau of Immigration Enforcement, who-- ``(A) shall report directly to the Under Secretary for Border and Transportation Security; and ``(B) shall have a minimum of 5 years professional experience in immigration law enforcement, and a minimum of 5 years of management experience.''; (4) in subsection (a)(3)-- (A) by striking ``Assistant Secretary of the Bureau of Border Security'' and inserting ``Assistant Secretary of the Bureau of Immigration Enforcement''; (B) by striking ``Bureau of Border Security'' and inserting ``Bureau of Immigration Enforcement''; (C) by striking ``or'' and the end of subparagraph (A)(i); and (D) by striking clause (ii) of subparagraph (A)); (5) in subsection (a)(4), by striking ``Assistant Secretary of the Bureau of Border Security'' and inserting ``Assistant Secretary of the Bureau of Immigration Enforcement''; (6) in subsection (a)(5), by striking ``Assistant Secretary of the Bureau of Border Security'' and inserting ``Assistant Secretary of the Bureau of Immigration Enforcement''; (7) in subsection (b), by striking ``Bureau of Border Security'' and inserting ``Bureau of Immigration Enforcement'' each place it appears; and (8) in subsection (c), by striking ``Assistant Secretary of the Bureau of Border Security'' and inserting ``Assistant Secretary of Immigration Enforcement'' each place it appears. (b) Conforming Amendments.--Sections 443, 444, 451, and 471 of such Public Law are each amended by striking ``Bureau of Border Security'' and inserting ``Bureau of Immigration Enforcement'' each place it appears. (c) Limitation on Functions.--Section 471(b) of such Public Law, as amended by this section, is further amended by adding at the end the following: ``In addition, the authority provided by section 1502 may not be used to add functions of the Bureau of Immigration Enforcement not listed in section 441 to the Bureau of Immigration Enforcement.''.

Secure America Act of 2005 - Amends the Immigration and Nationality Act to direct that the Secretary of Homeland Security place an alien (other than from Mexico or Canada) who has not been admitted or paroled into expedited removal if apprehended within 100 miles of the border and within 14 days of unauthorized entry. Directs the United States Sentencing Commission to promulgate increased alien smuggling sentencing guidelines. Amends the INA to increases criminal penalties for alien smuggling. Amends federal criminal law to provide additional penalties for carrying or using a firearm during alien smuggling activities. Authorizes the use of the Armed Forces to secure the U.S. border. Amends the INA to: (1) provide mandatory minimum sentences for aliens convicted of reentry after removal; and (2) impose on smugglers the same sentences that the aliens they have smuggled would receive. Authorizes the Secretary to deny admission to any citizen, national, or resident of a country that has denied or delayed accepting an alien from such country who has been ordered removed from the United States. Establishes in the Department of Homeland Security (DHS) the Bureau of Immigration Enforcement.

To amend the Immigration and Nationality Act and other Acts to strengthen the enforcement of the immigration laws, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Networking Electronically To Connect Our Police Act of 2001'' or the ``NET COP Act''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress finds that-- (1) Internet-based crime-fighting, investigatory, and information-sharing technologies have proven to be extremely useful to the law enforcement agencies that use them; (2) the sharing of information and the dissemination of criminal intelligence between and among Federal, State, and local law enforcement agencies benefit the society at large by making criminal investigations more inclusive and effective; (3) the sharing of information between and among Federal, State, and local law enforcement agencies allows these agencies to find missing, neglected, abused, or abducted children, as well as non-custodial parents seeking to evade their legal or financial responsibilities; and (4) police departments in rural areas of the country tend to be underserved by these Internet-based technologies. (b) Purposes.--The purposes of this Act are-- (1) to authorize the Department of Justice to make grants to rural police departments for the purchase or upgrade of computer equipment, and to pay for Internet access for crime- fighting, investigatory, or information-sharing purposes; (2) to reimburse police department officials or members who, acting on behalf of their rural police departments and using personal funds, have purchased computer equipment or paid for Internet access for crime-fighting, investigatory, or information-sharing purposes; and (3) to require annual reports to Congress on the concentration of police departments that have Internet access, particularly those departments serving rural areas. SEC. 3. GRANTS AUTHORIZED. The Attorney General is authorized to award grants to rural police departments to-- (1) enable those departments to gain access to the various crime-fighting, investigatory, and information sharing resources available on the Internet; and (2) reimburse rural police department officials and members for the cost of computer equipment or Internet access. SEC. 4. USE OF FUNDS. Grants awarded under this Act may be used-- (1) for the purchase of new or upgraded computer hardware or software; (2) to pay for Internet access; and (3) to reimburse rural police departments that have paid for computer equipment or Internet access out of the funds of the department or department official or members, for some or all of the costs associated with those purchases, as determined by the Attorney General. SEC. 5. APPLICATION. Each eligible rural police department that desires a grant under this Act shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require. SEC. 6. GRANT PROGRAM CRITERIA. (a) In General.--In awarding a grant under this Act, the Attorney General shall-- (1) set criteria for determining which police departments are currently underserved by crime-fighting, investigatory, or information-sharing technologies available on the Internet, by differentiating between police departments that do not have Internet access, and those departments that have access but are using outmoded, obsolete, or otherwise inadequate technology; and (2) determine what would constitute the minimum feasible package of technologies required to enable those police departments to use existing crime-fighting, investigatory, and information-sharing technologies. (b) Grant Limitations.--The Attorney General shall set limits for maximum annual grants, based on determinations made under subsection (a), for rural police departments that do not have Internet access, and for those that do have access but are using inadequate technology. SEC. 7. POLICE DEPARTMENT TECHNOLOGY ASSISTANCE DESK. The Attorney General shall establish a Police Department Technology Assistance Desk to offer advice to chiefs of police in rural police departments regarding-- (1) the types of products to buy in order to achieve not less than a minimum level of Internet service to access existing crime-fighting, investigatory, and information-sharing technologies; and (2) technology upgrades for those police departments in possession of outmoded or obsolete technology; (3) preferred vendors; and (4) any other information the Attorney General determines to be necessary. SEC. 8. REPORT TO CONGRESS. The General Accounting Office, in consultation with the Attorney General, shall annually report to Congress on the concentration of police departments in the country that have Internet access, with particular emphasis on the number and percentage of rural police departments that lack Internet access, especially high-speed Internet access. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $500,000,000 for each of fiscal years 2002 through 2007 to carry out this Act.

Networking Electronically To Connect Our Police Act of 2001 or NET COP Act - Authorizes the Attorney General to award grants to rural police departments to: (1) enable those departments to gain access to the various crime-fighting, investigatory, and information sharing resources available on the Internet; and (2) reimburse rural police department officials and members for the cost of computer equipment or Internet access.Allows grants awarded to be used: (1) for the purchase of new or upgraded computer hardware or software; (2) to pay for Internet access; and (3) to reimburse rural police departments that have paid for computer equipment or Internet access out of the funds of the department or department officials or members for some or all of the costs associated with those purchases, as determined by the Attorney General.Sets forth provisions regarding grant application requirements and grant program criteria.Directs the Attorney General to establish a Police Department Technology Assistance Desk to offer advice to chiefs of police in rural police departments.

A bill to establish a grant program to enable rural police departments to gain access to the various crime-fighting, investigatory, and information-sharing resources available on the Internet, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Restoration Initiative Act of 2016''. SEC. 2. GREAT LAKES RESTORATION INITIATIVE. Section 118(c)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(7)) is amended-- (1) by striking subparagraphs (B) and (C) and inserting the following: ``(B) Focus areas.--In carrying out the Initiative, the Administrator shall prioritize programs and projects, to be carried out in coordination with non- Federal partners, that address the priority areas described in the Initiative Action Plan, including-- ``(i) the remediation of toxic substances and areas of concern; ``(ii) the prevention and control of invasive species and the impacts of invasive species; ``(iii) the protection and restoration of nearshore health and the prevention and mitigation of nonpoint source pollution; ``(iv) habitat and wildlife protection and restoration, including wetlands restoration and preservation; and ``(v) accountability, monitoring, evaluation, communication, and partnership activities. ``(C) Projects.-- ``(i) In general.--In carrying out the Initiative, the Administrator shall collaborate with other Federal partners, including the Great Lakes Interagency Task Force established by Executive Order No. 13340 (69 Fed. Reg. 29043), to select the best combination of programs and projects for Great Lakes protection and restoration using appropriate principles and criteria, including whether a program or project provides-- ``(I) the ability to achieve strategic and measurable environmental outcomes that implement the Initiative Action Plan and the Great Lakes Water Quality Agreement; ``(II) the feasibility of-- ``(aa) prompt implementation; ``(bb) timely achievement of results; and ``(cc) resource leveraging; and ``(III) the opportunity to improve interagency, intergovernmental, and inter-organizational coordination and collaboration to reduce duplication and streamline efforts. ``(ii) Outreach.--In selecting the best combination of programs and projects for Great Lakes protection and restoration under clause (i), the Administrator shall consult with the Great Lakes States and Indian tribes and solicit input from other non-Federal stakeholders. ``(iii) Harmful algal bloom coordinator.-- The Administrator shall designate a point person from an appropriate Federal partner to coordinate, with Federal partners and Great Lakes States, Indian tribes, and other non- Federal stakeholders, projects and activities under the Initiative involving harmful algal blooms in the Great Lakes.''; (2) in subparagraph (D)-- (A) by striking clause (i) and inserting the following: ``(i) In general.--Subject to subparagraph (J)(ii), funds made available to carry out the Initiative shall be used to strategically implement-- ``(I) Federal projects; ``(II) projects carried out in coordination with States, Indian tribes, municipalities, institutions of higher education, and other organizations; and ``(III) operations and activities of the Program Office, including remediation of sediment contamination in areas of concern.''; (B) in clause (ii)(I), by striking ``(G)(i)'' and inserting ``(J)(i)''; and (C) by inserting after clause (ii) the following: ``(iii) Agreements with non-federal entities.-- ``(I) In general.--The Administrator, or the head of any other Federal department or agency receiving funds under clause (ii)(I), may make a grant to, or otherwise enter into an agreement with, a qualified non-Federal entity, as determined by the Administrator or the applicable head of the other Federal department or agency receiving funds, for planning, research, monitoring, outreach, or implementation of a project selected under subparagraph (C), to support the Initiative Action Plan or the Great Lakes Water Quality Agreement. ``(II) Qualified non-federal entity.--For purposes of this clause, a qualified non-Federal entity may include a governmental entity, nonprofit organization, institution, or individual.''; and (3) by striking subparagraphs (E) through (G) and inserting the following: ``(E) Scope.-- ``(i) In general.--Projects may be carried out under the Initiative on multiple levels, including-- ``(I) locally; ``(II) Great Lakes-wide; or ``(III) Great Lakes basin-wide. ``(ii) Limitation.--No funds made available to carry out the Initiative may be used for any water infrastructure activity (other than a green infrastructure project that improves habitat and other ecosystem functions in the Great Lakes) for which financial assistance is received-- ``(I) from a State water pollution control revolving fund established under title VI; ``(II) from a State drinking water revolving loan fund established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12); or ``(III) pursuant to the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 et seq.). ``(F) Activities by other federal agencies.--Each relevant Federal department or agency shall, to the maximum extent practicable-- ``(i) maintain the base level of funding for the Great Lakes activities of that department or agency without regard to funding under the Initiative; and ``(ii) identify new activities and projects to support the environmental goals of the Initiative. ``(G) Revision of initiative action plan.-- ``(i) In general.--Not less often than once every 5 years, the Administrator, in conjunction with the Great Lakes Interagency Task Force, shall review, and revise as appropriate, the Initiative Action Plan to guide the activities of the Initiative in addressing the restoration and protection of the Great Lakes system. ``(ii) Outreach.--In reviewing and revising the Initiative Action Plan under clause (i), the Administrator shall consult with the Great Lakes States and Indian tribes and solicit input from other non-Federal stakeholders. ``(H) Monitoring and reporting.--The Administrator shall-- ``(i) establish and maintain a process for monitoring and periodically reporting to the public on the progress made in implementing the Initiative Action Plan; ``(ii) make information about each project carried out under the Initiative Action Plan available on a public website; and ``(iii) provide to the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works a yearly detailed description of the progress of the Initiative and amounts transferred to participating Federal departments and agencies under subparagraph (D)(ii). ``(I) Initiative action plan defined.--In this paragraph, the term `Initiative Action Plan' means the comprehensive, multi-year action plan for the restoration of the Great Lakes, first developed pursuant to the Joint Explanatory Statement of the Conference Report accompanying the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010 (Public Law 111-88). ``(J) Funding.-- ``(i) In general.--There is authorized to be appropriated to carry out this paragraph $300,000,000 for each of fiscal years 2017 through 2021. ``(ii) Limitation.--Nothing in this paragraph creates, expands, or amends the authority of the Administrator to implement programs or projects under-- ``(I) this section; ``(II) the Initiative Action Plan; or ``(III) the Great Lakes Water Quality Agreement.''. Passed the House of Representatives April 26, 2016. Attest: KAREN L. HAAS, Clerk.

This measure has not been amended since it was reported to the House on March 23, 2016. The summary of that version is repeated here. Great Lakes Restoration Initiative Act of 2016 (Sec. 2) This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to revise and reauthorize the Environmental Protection Agency's (EPA) Great Lakes Restoration Initiative for FY2017-FY2021. The bill restates the initiative's priorities for Great Lakes protection and restoration programs and projects, including: (1) the remediation of toxic substances and areas of concern; (2) the prevention and control of invasive species and their impacts; (3) the protection and restoration of near-shore health and the prevention and mitigation of nonpoint source pollution (water pollution that comes from many diffuse sources, such as pollution on the ground picked up by rain or snow); (4) habitat and wildlife protection and restoration; and (5) accountability, monitoring, evaluation, communication, and partnership activities. In selecting the best combination of the initiative's programs and projects, the EPA must consult with the Great Lake states and Indian Tribes and solicit input from other non-federal stakeholders. The EPA must designate a point person from an appropriate federal partner to coordinate, with federal partners and non-federal stakeholders, the initiative's projects and activities involving harmful algal blooms in the Great Lakes. In addition to current requirements concerning the use of funds made available to carry out the initiative, the bill requires initiative funds to be used to strategically implement operations and activities of EPA's Great Lakes National Program Office, such as remediation of sediment contamination in areas of concern. The EPA or federal department or agency that receives funds under the initiative may make a grant to, or enter into an agreement with, a qualified nonfederal entity for planning, researching, monitoring, outreach, or implementation of a project that supports the Initiative Action Plan or the Great Lakes Water Quality Agreement. Projects may be carried out under the initiative on multiple levels, including at the local level. Funding made available to implement the initiative may not be used for any water infrastructure activity (other than a green infrastructure project that improves habitat and other ecosystem functions in the Great Lakes) for which funding is made available under the Water Infrastructure Finance and Innovation Act of 2014. The EPA must review, and revise, if appropriate, the Initiative Action Plan at least once every five years. The EPA must also: (1) establish a process for monitoring and periodically reporting to the public on the plan's progress, (2) make information about each project carried out under the plan available on a public website, and (3) provide to specified congressional committees a yearly detailed description of the initiative's progress and amounts transferred to participating federal departments and agencies for carrying out activities that support the initiative.

Great Lakes Restoration Initiative Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Virgin Islands of the United States Centennial Commission Act''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Virgin Islands of the United States Centennial Commission'' (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall-- (1) plan, develop, and carry out such activities as the Commission determines to be appropriate to commemorate the 100th anniversary of the Virgin Islands of the United States becoming an unincorporated territory of the United States; (2) provide advice and assistance to Federal, State, and local governmental agencies, as well as civic groups to carry out activities to commemorate the 100th anniversary of the Virgin Islands of the United States becoming an unincorporated territory of the United States; and (3) submit to the President and Congress the reports required pursuant to section 7. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 8 members as follows: (1) The Assistant Secretary of the Interior for Insular Affairs or a designee of the Assistant Secretary. (2) One member appointed by the Governor of the Virgin Islands of the United States or a designee of the Governor. (3) Two Members of the House of Representatives appointed by the Speaker of the House of Representatives. (4) One Member of the House of Representatives appointed by the minority leader of the House of Representatives. (5) Two Members of the Senate appointed by the majority leader of the Senate. (6) One Member of the Senate appointed by the minority leader of the Senate. (b) Terms.--Each member of the Commission shall be appointed for the life of the Commission. (c) Deadline for Appointment.--All members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act. (d) Vacancies.--A vacancy on the Commission shall-- (1) not affect the powers of the Commission; and (2) be filled in the manner in which the original appointment was made. (e) Rates of Pay.--Members shall not receive compensation for the performance of duties on behalf of the Commission. (f) Travel Expenses.--Each member of the Commission shall be reimbursed for travel and per diem in lieu of subsistence expenses during the performance of duties of the Commission while away from home or regular place of business of the member, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (g) Quorum.--A majority of the members of the Commission shall constitute a quorum to conduct business, but two or more members may hold hearings. (h) Chairperson.--The chairperson of the Commission shall be selected by a majority vote of the members of the Commission. SEC. 5. DIRECTOR AND STAFF OF COMMISSION. (a) Director and Staff.--The Commission shall appoint an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (b) Applicability of Certain Civil Service Laws.--The executive 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 such title relating to classification and General Schedule pay rates, except that the rate of pay for the executive director and other staff may not exceed the rate payable for level III of the Executive Schedule under section 5314 of such title. (c) Detail of Federal Employees.--Upon request of the Commission, the Secretary of the Interior or the Archivist of the United States may detail, on a reimbursable basis, any of the personnel of the Department of the Interior or the National Archives and Records Administration, respectively to the Commission to assist the Commission to perform the duties of the Commission. (d) Experts and Consultants.--The Commission may procure such temporary and intermittent services from experts and consultants as are necessary to enable the Commission to perform the duties of the Commission. (e) Volunteer and Uncompensated Services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. SEC. 6. POWERS OF COMMISSION. (a) Hearings.--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. (b) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (c) Obtaining Official Data.--The Commission may secure directly from any Federal agency information necessary to enable the Commission to perform the duties of the Commission. Upon request of the chairperson of the Commission, the head of that Federal agency shall furnish that information to the Commission. (d) Gifts, Bequests, Devises.--The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. (e) Available Space.--Upon the request of the Commission, the Administrator of General Services shall make available to the Commission, at a normal rental rate for Federal agencies, such assistance and facilities as may be necessary for the Commission to perform the duties of the Commission. (f) Contract Authority.--The Commission may enter into contracts with and compensate the Federal Government, State and local governments, private entities, or individuals to enable the Commission to perform the duties of the Commission. SEC. 7. REPORTS. (a) Annual Reports.--Not later than January 31 of each year, and annually thereafter until the final report is submitted pursuant to subsection (b), the Commission shall submit to the President and the Congress a report on-- (1) the activities of the Commission; and (2) the revenue and expenditures of the Commission, including a list of each gift, bequest, or devise to the Commission with a value of more than $250, including the identity of the donor of each gift, bequest, or devise. (b) Final Report.--Not later than January 31, 2018, the Commission shall submit a final report to the President and the Congress containing-- (1) a summary of the activities of the Commission; and (2) a final accounting of funds received and expended by the Commission. SEC. 8. ANNUAL AUDIT. The Inspector General of the Department of the Interior-- (1) may perform an audit of the Commission; (2) shall make the results of any such audit available to the public; and (3) shall transmit such results to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. SEC. 9. DEFINITIONS. In this Act: (1) Federal agency.--The term ``Federal agency'' has the meaning given the term ``agency'' in section 551 of title 5, United States Code. (2) State.--The term ``State'' means each of the several States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian tribe. SEC. 10. TERMINATION. The Commission shall terminate on September 30, 2018, or may terminate at an earlier date determined by the Commission after the final report is submitted pursuant to section 7(b). SEC. 11. NO ADDITIONAL FUNDS AUTHORIZED. No Federal funds are authorized or may be obligated to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was reported to the House on April 12, 2016. Virgin Islands of the United States Centennial Commission Act (Sec. 2) This bill establishes the Virgin Islands of the United States Centennial Commission to carry out activities to commemorate the 100th anniversary of the date the U.S. Virgin Islands became an unincorporated U.S. territory. (Sec. 7) The Commission shall report annually to the President and Congress on Commission revenue and expenditures, including a list of each gift, bequest, or devise worth more than $250, and the identity of the donor. (Sec. 8) The Inspector General of the Department of the Interior may audit the Commission, making the results available to Congress and the public. (Sec. 10) The Commission shall terminate on September 30, 2018, or at an earlier date determined by the Commission after submitting its final report to Congress. (Sec. 11) No federal funds are authorized or may be obligated to carry out this Act.

Virgin Islands of the United States Centennial Commission Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Pollution Prevention Act of 2008''. SEC. 2. REFERENCES. Wherever in this Act an amendment or repeal is expressed in terms of an amendment to or a repeal of a section or other provision, the reference shall be considered to be made to a section or other provision of the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.). SEC. 3. DEFINITIONS. Section 2(a) (33 U.S.C. 1901(a)) is amended-- (1) by redesignating the paragraphs (1) through (12) as paragraphs (2) through (13), respectively; (2) by inserting before paragraph (2) (as so redesignated) the following: ``(1) `Administrator' means the Administrator of the Environmental Protection Agency;''; (3) in paragraph (5) (as so redesignated) by striking ``and V'' and inserting ``V, and VI''; (4) in paragraph (6) (as so redesignated) by striking ```discharge' and `garbage' and `harmful substance' and `incident''' and inserting ```discharge', `emission', `garbage', `harmful substance', and `incident'''; and (5) by redesignating paragraphs (7) through (13) (as redesignated) as paragraphs (8) through (14), respectively, and inserting after paragraph (6) (as redesignated) the following: ``(7) `navigable waters' includes the territorial sea of the United States (as defined in Presidential Proclamation 5928 of December 27, 1988) and the internal waters of the United States;''. SEC. 4. APPLICABILITY. Section 3 (33 U.S.C. 1902) is amended-- (1) in subsection (a)-- (A) by striking ``and'' at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting ``; and''; and (C) by adding at the end the following: ``(5) with respect to Annex VI to the Convention, and other than with respect to a ship referred to in paragraph (1)-- ``(A) to a ship that is in a port, shipyard, offshore terminal, or the internal waters of the United States; ``(B) to a ship that is bound for, or departing from, a port, shipyard, offshore terminal, or the internal waters of the United States, and is in-- ``(i) the navigable waters or the exclusive economic zone of the United States; ``(ii) an emission control area designated pursuant to section 4; or ``(iii) any other area that the Administrator, in consultation with the Secretary and each State in which any part of the area is located, has designated by order as being an area from which emissions from ships are of concern with respect to protection of public health, welfare, or the environment; ``(C) to a ship that is entitled to fly the flag of, or operating under the authority of, a party to Annex VI, and is in-- ``(i) the navigable waters or the exclusive economic zone of the United States; ``(ii) an emission control area designated under section 4; or ``(iii) any other area that the Administrator, in consultation with the Secretary and each State in which any part of the area is located, has designated by order as being an area from which emissions from ships are of concern with respect to protection of public health, welfare, or the environment; and ``(D) to any other ship, to the extent that, and in the same manner as, such ship may be boarded by the Secretary to implement or enforce any other law of the United States or Annex I, II, or V of the Convention, and is in-- ``(i) the exclusive economic zone of the United States; ``(ii) the navigable waters of the United States; ``(iii) an emission control area designated under section 4; or ``(iv) any other area that the Administrator, in consultation with the Secretary and each State in which any part of the area is located, has designated by order as being an area from which emissions from ships are of concern with respect to protection of public health, welfare, or the environment.''; (2) in subsection (b)-- (A) in paragraph (1) by striking ``paragraph (2),'' and inserting ``paragraphs (2) and (3),''; and (B) by adding at the end the following: ``(3) With respect to Annex VI the Administrator, or the Secretary, as relevant to their authorities pursuant to this Act, may determine that some or all of the requirements under this Act shall apply to one or more classes of public vessels, except that such a determination by the Administrator shall have no effect unless the head of the Department or agency under which the vessels operate concurs in the determination. This paragraph does not apply during time of war or during a declared national emergency.''; (3) by redesignating subsections (c) through (g) as subsections (d) through (h), respectively, and inserting after subsection (b) the following: ``(c) Application to Other Persons.--This Act shall apply to all persons to the extent necessary to ensure compliance with Annex VI to the Convention.''; (4) in subsection (e), as redesignated-- (A) by inserting ``or the Administrator, consistent with section 4 of this Act,'' after ``Secretary''; (B) by striking ``of section (3),'' and inserting ``of this section,''; and (C) by striking ``Protocol, including regulations conforming to and giving effect to the requirements of Annex V'' and inserting ``Protocol (or the applicable Annex), including regulations conforming to and giving effect to the requirements of Annex V and Annex VI''; and (5) by adding at the end thereof the following: ``(i) Savings Clause.--Nothing in this section shall be construed to restrict in a manner inconsistent with international law navigational rights and freedoms as defined by United States law, treaty, convention, or customary international law.''. SEC. 5. ADMINISTRATION AND ENFORCEMENT. Section 4 (33 U.S.C. 1903) is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and inserting after subsection (a) the following: ``(b) Duty of the Administrator.--In addition to other duties specified in this Act, the Administrator and the Secretary, respectively, shall have the following duties and authorities: ``(1) The Administrator shall, and no other person may, issue Engine International Air Pollution Prevention certificates in accordance with Annex VI and the International Maritime Organization's Technical Code on Control of Emissions of Nitrogen Oxides from Marine Diesel Engines, on behalf of the United States for a vessel of the United States as that term is defined in section 116 of title 46, United States Code. The issuance of Engine International Air Pollution Prevention certificates shall be consistent with any applicable requirements of the Clean Air Act or regulations prescribed under that Act. ``(2) The Administrator shall have authority to administer regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI to the Convention. ``(3) The Administrator shall, only as specified in section 8(f), have authority to enforce Annex VI of the Convention.''; (2) in subsection (c), as redesignated, by redesignating paragraph (2) as paragraph (4), and inserting after paragraph (1) the following: ``(2) In addition to the authority the Secretary has to prescribe regulations under this Act, the Administrator shall also prescribe any necessary or desired regulations to carry out the provisions of regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI to the Convention. ``(3) In prescribing any regulations under this section, the Secretary and the Administrator shall consult with each other, and with respect to regulation 19, with the Secretary of the Interior.''; and (3) by adding at the end of subsection (c), as redesignated, the following: ``(5) No standard issued by any person or Federal authority, with respect to emissions from tank vessels subject to regulation 15 of Annex VI to the Convention, shall be effective until 6 months after the required notification to the International Maritime Organization by the Secretary.''. SEC. 6. CERTIFICATES. Section 5 (33 U.S.C. 1904) is amended-- (1) in subsection (a) by striking ``The Secretary'' and inserting ``Except as provided in section 4(b)(1), the Secretary''; (2) in subsection (b) by striking ``Secretary under the authority of the MARPOL protocol.'' and inserting ``Secretary or the Administrator under the authority of this Act.''; and (3) in subsection (e) by striking ``environment.'' and inserting ``environment or the public health and welfare.''. SEC. 7. RECEPTION FACILITIES. Section 6 (33 U.S.C. 1905) is amended-- (1) in subsection (a) by adding at the end the following: ``(3) The Secretary and the Administrator, after consulting with appropriate Federal agencies, shall jointly prescribe regulations setting criteria for determining the adequacy of reception facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues at a port or terminal, and stating any additional measures and requirements as are appropriate to ensure such adequacy. Persons in charge of ports and terminals shall provide reception facilities, or ensure that reception facilities are available, in accordance with those regulations. The Secretary and the Administrator may jointly prescribe regulations to certify, and may issue certificates to the effect, that a port's or terminal's facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues from ships are adequate.''; (2) in subsection (b) by inserting ``or the Administrator'' after ``Secretary''; (3) in subsection (e) by striking paragraph (2) and inserting the following: ``(2) The Secretary may deny the entry of a ship to a port or terminal required by the MARPOL Protocol, this Act, or regulations prescribed under this section relating to the provision of adequate reception facilities for garbage, ozone depleting substances, equipment containing those substances, or exhaust gas cleaning residues, if the port or terminal is not in compliance with the MARPOL Protocol, this Act, or those regulations.''; (4) in subsection (f)(1) by striking ``Secretary is'' and inserting ``Secretary and the Administrator are''; and (5) in subsection (f)(2) by striking ``(A)''. SEC. 8. INSPECTIONS. Section 8(f) (33 U.S.C. 1907(f)) is amended to read as follows: ``(f)(1) The Secretary may inspect a ship to which this Act applies as provided under section 3(a)(5), to verify whether the ship is in compliance with Annex VI to the Convention and this Act. ``(2) If an inspection under this subsection or any other information indicates that a violation has occurred, the Secretary, or the Administrator in a matter referred by the Secretary, may undertake enforcement action under this section. ``(3) Notwithstanding subsection (b) and paragraph (2) of this subsection, the Administrator shall have all of the authorities of the Secretary, as specified in subsection (b) of this section, for the purposes of enforcing regulations 17 and 18 of Annex VI to the Convention to the extent that shoreside violations are the subject of the action and in any other matter referred to the Administrator by the Secretary.''. SEC. 9. AMENDMENTS TO THE PROTOCOL. Section 10(b) (33 U.S.C. 1909(b)) is amended-- (1) by striking ``Annex I, II, or V'' and inserting ``Annex I, II, V, or VI''; and (2) by inserting ``or the Administrator as provided for in this Act,'' after ``Secretary,''. SEC. 10. PENALTIES. Section 9 (33 U.S.C. 1908) is amended-- (1) by striking ``Protocol,,'' each place it appears and inserting ``Protocol,''; (2) in subsection (b)-- (A) by inserting ``or the Administrator as provided for in this Act,'' after ``Secretary,'' the first place it appears; (B) in paragraph (2), by inserting ``, or the Administrator as provided for in this Act,'' after ``Secretary''; and (C) in the matter after paragraph (2)-- (i) by inserting ``or the Administrator as provided for in this Act'' after ``Secretary,'' the first place it appears; and (ii) by inserting ``, or the Administrator as provided for in this Act,'' after ``Secretary'' the second and third places it appears; (3) in subsection (c), by inserting ``, or the Administrator as provided for in this Act,'' after ``Secretary'' each place it appears; and (4) in subsection (f), by inserting ``or the Administrator as provided for in this Act'' after ``Secretary,'' the first place appears. SEC. 11. EFFECT ON OTHER LAWS. Section 15 (33 U.S.C. 1911) is amended to read as follows: ``SEC. 15. EFFECT ON OTHER LAWS. ``Authorities, requirements, and remedies of this Act supplement and neither amend nor repeal any other authorities, requirements, or remedies conferred by any other provision of law. Nothing in this Act shall limit, deny, amend, modify, or repeal any other authority, requirement, or remedy available to the United States or any other person, except as expressly provided in this Act.''. SEC. 12. LEGAL ACTIONS. Section 11 (33 U.S.C. 1910) is amended-- (1) by redesignating paragraph (3) of subsection (a) as paragraph (4), and inserting after paragraph (2) the following: ``(3) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this Act which is not discretionary; or''; (2) by striking ``concerned,'' in subsection (b)(1) and inserting ``concerned or the Administrator,''; and (3) by inserting ``or the Administrator'' after ``Secretary'' in subsection (b)(2). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Maritime Pollution Prevention Act of 2008 - (Sec. 3) Amends the Act to Prevent Pollution from Ships (Act) to provide for the adoption of Annex VI (Prevention of Air Pollution From Ships Enforcement) of the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL Convention, which includes any Protocols or Annexes entered into force for the United States). Makes the Act, with respect to Annex VI, applicable to: (1) ships in a port, shipyard, offshore terminal, or U.S. internal waters; (2) a ship that is bound for, or departing from, a port, shipyard, offshore terminal, or the internal waters of the United States and is in navigable U.S. waters or the U.S. Exclusive Economic Zone (EEZ), an emission control, or other specified area; (3) a ship that is entitled to fly the flag of, or operating under the authority of, a party to Annex VI and is in navigable U.S. waters or the EEZ, an emission control, or other specified area; and (4) any other ship to the extent that, and in the same manner as, such ship may be boarded to implement or enforce any other U.S. law or Annex I, II, or V of the Convention, and that is in the EEZ or an emission control or other specified area. Authorizes, but does not require with respect to Annex VI, federal agency heads to determine that some or all Act requirements apply regarding vessel air emissions for public vessels operated under an agency's authority. Prohibits construing provisions relating to ships that are subject to preventive measures to restrict in a manner inconsistent with international law navigational rights and freedoms as defined by U.S. law, treaty, convention, or customary international law. (Sec. 5) Permits only the Administrator (the Administrator) of the Environmental Protection Agency (EPA), and no other person, to issue Engine International Air Pollution Prevention certificates in accordance with Annex VI and the International Maritime Organization's Technical Code on Control of Emissions of Nitrogen Oxides from Marine Diesel Engines, on behalf of the United States for a documented U.S. vessel. (Sec. 6) Gives a certificate issued by a country that is a party to the MARPOL Protocol of 1978 (MARPOL Protocol, which includes the Convention) the same validity as a certificate issued by the Secretary of the department in which the Coast Guard (the Secretary) is operating (currently) or the Administrator. (Sec. 7) Requires the Secretary and the Administrator, after consulting with appropriate federal agencies, jointly to prescribe regulations setting criteria for determining the adequacy of reception facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues at a port or terminal, and stating any additional measures and requirements as are appropriate to ensure such adequacy. Permits denial of entry to a ship to a port without adequate reception facilities to receive such substances and residues. (Sec. 8) Authorizes the Secretary to inspect a ship to which the Act applies to verify whether the ship is in compliance with Annex VI to the Convention and the Act and permits either the Secretary or the Administrator to undertake enforcement actions if an inspection or any other information indicates that there is a violation. (Sec. 9) Authorizes the Secretary of State, after consulting with the Secretary (currently) or the Administrator, to act for the United States on Protocol and related amendments, including proposed amendments to Annex VI to the Protocol. (Sec. 10) Permits the Administrator (currently, only the Secretary) to assess civil penalties. (Sec. 12) Allows any person having an interest which is, or can be, adversely affected to bring an action on his own behalf against the Administrator for a failure to perform any nondiscretionary act or duty.

To amend the Act to Prevent Pollution from Ships to implement MARPOL Annex VI.

SECTION 1. FINDINGS. Congress finds that-- (1) the historical significance of the 52-mile Going-to- the-Sun Road in Glacier National Park, Montana, is recognized by its-- (A) listing on the National Register of Historic Places in 1983; (B) designation as a National Historic Engineering Landmark by the American Society of Civil Engineers in 1985; and (C) designation as a National Historic Landmark in 1997; (2) in 1997, recommendations of the Federal Highway Administration concerning, and an engineering study of, the Road verified significant structural damage to the Road has occurred since the Road opened in 1932; (3) infrastructure at most of the developed areas in the Park is inadequate for cold-season (fall, winter, and spring) operation, and maintenance backlog needs exist for normal summer operation; (4) the Many Glacier Hotel and Lake McDonald Lodge are on the National Register of Historic Places and are National Historic Landmarks; (5) other accommodations operated by the concessionaire that have possessory interest and are listed on the National Register of Historic Places are the Rising Sun Motor Inn and Swiftcurrent Motel; (6) the historic hotels in the Park, operated under concession agreements with the National Park Service, are essential for public use and enjoyment of the Park; (7) visitors to the Park deserve safe hotels in the Park that meet basic needs and expectations; (8) the historic hotels in the Park have deteriorated significantly and need substantial repair; (9) repairs of the hotels in the Park have been deferred for so long that, absent any changes to the Federal law governing concessionaires and the availability of historic tax credits for up to 39.5 years, the remodeling costs for the hotels exceed the capacity of the hotel concessionaire to finance the repairs with hotel revenues; (10) the remodeling costs of Park hotels are so high that the concessionaire will need to finance the cost of those repairs by borrowing the remodeling expenses and repaying them over time out of net hotel income, which by current law is limited to 20-year concession agreements; (11) the season of operation for hotels is about 4 months because the developed areas of the Park lack-- (A) water, sewer, and fire protection systems that can operate in freezing conditions; (B) building insulation; and (C) heating systems; (12) because of many factors, including the high projected costs of remodeling, the relatively short tourist season in the Park, and the requirement that concession agreements may not exceed 20 years, concessionaires are unable to carry out the scope of remodeling that is needed for the hotels in the Park; (13) the National Park Service Concessions Management Improvement Act of 1998 (16 U.S.C. 5951 et seq.) is based on sound principles and is achieving its basic purposes, but there appear to be selected instances in which the National Park Service needs additional authority to conduct demonstration projects; and (14) a demonstration project is needed to carry out repairs of the historic hotels in the Park. SEC. 2. DEFINITIONS. In this Act: (1) Committee.--The term ``Committee'' means the Going-to- the-Sun Road Citizens' Advisory Committee. (2) Park.--The term ``Park'' means Glacier National Park, Montana. (3) Road.--The term ``Road'' means Going-to-the-Sun Road, located in the Park. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. GOING-TO-THE-SUN ROAD FEASIBILITY STUDY AND REHABILITATION PLAN. (a) Feasibility Study.-- (1) In general.--Not later than June 30, 2001, the Secretary, in consultation with the Committee, shall complete a feasibility study for rehabilitation of the Road. (2) Inclusions.--The feasibility study shall include-- (A) alternative plans for rehabilitation of the Road, including-- (i) a ranking of the feasibility of each plan; (ii) an estimate of the length of time necessary to complete each plan; (iii) a description of which mitigation efforts would be used to preserve resources and minimize adverse economic effects of each plan; (iv) an analysis of the costs and benefits of each plan; (v) an estimate of the cost of each plan; (B) an analysis of long-term maintenance needs, standards, and schedules for the Road, alternatives to accomplish the work, maintenance staff needs, and associated cost estimates; and (C) a complete environmental analysis that meets any applicable requirement of-- (i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (ii) the National Historic Preservation Act (16 U.S.C. 470 et seq.); and (iii) any other applicable law. (3) Submission.--Not later than 30 days after completion of the feasibility study, the Secretary shall submit to the Committee on Resources in the House of Representatives and the Committee on Energy and Natural Resources in the Senate a copy of the study. (b) Rehabilitation Plan.-- (1) In general.--As soon as practicable after completing the study and environmental analysis under subsection (a), the Secretary shall-- (A) consider the recommendations of the Committee; (B) make any decision documented in the environmental analysis process; and (C) select and implement a rehabilitation plan for the Road. (2) Authorized actions.--In implementing a rehabilitation plan under this subsection, the Secretary may-- (A) use funds to-- (i) rehabilitate the Road; and (ii) carry out transportation system improvements or impact mitigation activities outside the Park, if recommended in the feasibility study and by the Committee; and (B) seek funding for any long-term maintenance needs identified in the feasibility study. (3) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to implement the rehabilitation plan (including the cost of any necessary environmental or cultural documentation and monitoring), $200,000,000. (c) Continuation of Maintenance.--Nothing in this section affects the duty of the Secretary to continue the program in effect on the day before the date of the enactment of this Act to preserve, maintain, and address safety concerns relating to the Road. SEC. 4. MAINTENANCE AND UPGRADE OF UTILITY SYSTEMS. (a) In General.--As soon as practicable after funds are made available under this section, the Secretary shall begin the upgrade and continue the maintenance of utility systems that serve the Park and facilities relating to the Park. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section, $20,000,000. SEC. 5. HOTEL REHABILITATION. (a) Competitive Leases of Property.--Notwithstanding section 3(k) of Public Law 91-383 (commonly known as the ``National Park System General Authorities Act'') (16 U.S.C. 1a-2) or any other provision of law, subject to subsection (b), the Secretary may enter into a competitive lease of Federal property in the Park under which a lessee may provide visitor services to visitors to the area. (b) Mandatory Conditions of Leases.-- (1) In general.--The Secretary shall enter into a lease under subsection (a) only after determining that the provision of visitor services-- (A) is necessary and appropriate for the accommodation of visitors to the Park, taking into consideration the value of providing additional visitor services (including conference facilities) for groups of visitors in the early spring and late fall months, especially as those additional services may provide extra revenue needed to finance improvements for the historic hotels in Glacier National Park; and (B) is consistent with section 402 of the National Park Service Concessions Management Improvement Act of 1998 (16 U.S.C. 5952). (2) Terms and conditions.--The Secretary shall include in a lease under this subsection appropriate terms and conditions to ensure, to the maximum extent practicable, that-- (A) any visitor service provided is-- (i) adequate; and (ii) available at a reasonable rate-- (I) to be approved by the Secretary in accordance with section 406 of the National Park Service Concessions Management Improvement Act of 1998 (16 U.S.C. 5951 et seq.); and (II) that may be at such a level as to allow any investment in capital improvements for visitor services to be recovered within a reasonable amount of time by the concessionaire that financed the improvements; (B) the leased property will be properly maintained by the lessee, and, with respect to historic property that may be leased, preserved, and maintained in a manner consistent with the historic character of the property, as determined by the Secretary; and (C) assure the lessee of adequate protection against any loss of investment in an improvement to real property that the lessee may make to the leased property (including an obligation of the United States to compensate the lessee for any loss of investment in an improvement to real property in any circumstances that the Secretary determines to be prudent). (c) Leasehold Surrender Value.--In any contract for improvements, the Secretary shall recognize the leasehold surrender value of any existing lease that the Secretary may require to be surrendered in any action that is associated with approving an improvement to visitor services under this section.

Directs the Secretary to upgrade and continue the maintenance of utility systems which service the Park and its related facilities. Authorizes appropriations. Authorizes the Secretary to enter into competitive leases of federally-owned property in the Park under which the lessee will be authorized to provide visitor services (including a hotel), subject to specified conditions.

A bill to direct the Secretary of the Interior to provide funding for rehabilitation of the Going-to-the-Sun Road in Glacier National Park, to authorize funds for maintenance of utilities related to the Park, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Climate Solutions Commission Act of 2016''. SEC. 2. FINDINGS. The Congress finds that-- (1) there has been a marked increase in extreme weather events and the negative impacts of a changing climate are expected to worsen in every region of the United States; (2) if left unaddressed, the consequences of a changing climate have the potential to adversely impact the health of all Americans, harm the economy, and impose substantial costs on State and Federal budgets; (3) efforts to reduce climate risk should protect our Nation's economy, security, infrastructure, agriculture, water supply, and public safety; and (4) there is bipartisan support for pursuing efforts to reduce greenhouse gas emissions through economically viable, broadly supported private and public policies and solutions. SEC. 3. ESTABLISHMENT OF COMMISSION. Effective immediately upon the enactment of this Act, there shall be established a bipartisan commission to be known as the ``National Climate Solutions Commission'' (referred to in this Act as the ``Commission''). SEC. 4. PURPOSES OF COMMISSION. The Commission shall-- (1) undertake a comprehensive review of economically viable public and private actions or policies to reduce greenhouse gas emissions in the United States; (2) make recommendations for reducing greenhouse gas emissions to the President, Congress, and the States; and (3) use as its goals for emissions reductions those estimated rates of reduction that reflect the latest scientific findings of what is needed to avoid serious human health and environmental consequences of a changing climate. SEC. 5. MEMBERSHIP OF COMMISSION. (a) In General.--The Commission shall be composed of 10 members, appointed not later than 3 months after the date of enactment of this Act, as follows: (1) One member shall be appointed by the President, who shall serve as cochairman of the Commission. (2) One member shall be appointed by the leader of the Senate, in consultation with the leader of the House of Representatives, that are members of the opposite party of the President, who shall serve as cochairman of the Commission. (3) Two members shall be appointed by the Majority Leader of the Senate. (4) Two members shall be appointed by the Minority Leader of the Senate. (5) Two members shall be appointed by the Speaker of the House of Representatives. (6) Two members shall be appointed by the Minority Leader of the House of Representatives. (b) Initial Meeting.--The Commission shall meet not later than 6 months after the date of enactment of this Act. (c) Recommendations.--The Commission shall provide the recommendations described in section 4(2), based on the goals described in section 4(3), not later than 18 months after the date of enactment of this Act. (d) Eligible Members.--To be considered for membership on the Commission, an individual must be a representative from-- (1) academic, scientific, or other nongovernmental organizations with expertise in the economy, energy, climate, or public health; or (2) industry organizations, including small businesses, from relevant sectors such as-- (A) energy supply and transmission, including fossil fuels and renewable energy; (B) energy exploration and production, including fossil fuels and renewable energy; (C) solid waste and wastewater; (D) transportation; (E) chemical manufacturing and user industries; (F) agriculture; (G) construction and development; and (H) forestry. (e) Ineligible Members.--No employee, owner, director, or other affiliated person of an entity which has contributed pursuant to section 6(b) may be appointed to the Commission. SEC. 6. FUNDING FOR THE ACTIVITIES OF THE COMMISSION. (a) Limitation.--No additional amounts may be authorized to be appropriated to establish or otherwise pay for the activities or salaries of the Commission. (b) Private Sector Donations.--The Secretary of the Treasury may collect and disseminate to the Commission private sector funds donated for the purposes of this Act. (c) Transparency.--The amounts and sources of all funds donated pursuant to subsection (b) and all spending by the Commission shall be made publicly available on an Internet website. SEC. 7. GOVERNMENT ACCOUNTABILITY OFFICE STUDY AND REPORT. (a) Study Required.--The Comptroller General shall conduct a study of State, Federal, and private sector energy efficiency and renewable energy guaranteed loan programs, Green Banks, and other financial tools and institutions that are focused on-- (1) reducing the level of greenhouse gas emissions, including through sequestration and recycling; or (2) encouraging the research, development, prototyping, and deployment of energy efficiency and renewable energy technologies. (b) Report Required.--Not later than 180 days after the date on which the Comptroller General completes the study required by subsection (a), the Comptroller General shall submit to Congress a report containing-- (1) the results of the study; and (2) an assessment of those financial tools, policies, and institutions most successful at contributing to the reduction of greenhouse gas emissions while protecting economic growth and employment.

Climate Solutions Commission Act of 2016 This bill establishes a bipartisan National Climate Solutions Commission that must: undertake a comprehensive review of economically viable actions or policies to reduce greenhouse gas emissions in the United States; make recommendations for reducing greenhouse gas emissions to the President, Congress, and the states; and use as its goals for emissions reductions those estimated rates of reduction that reflect the latest scientific findings of what is needed to avoid serious human health and environmental consequences of a changing climate. In order to be eligible for membership on the Commission, an individual must be a representative from: (1) nongovernmental organizations with expertise in the economy, energy, climate, or public health; or (2) industry organizations from relevant sectors. The Government Accountability Office (GAO) must conduct a study of programs, financial tools, and institutions that are focused on: (1) reducing the level of greenhouse gas emissions; or (2) encouraging the research, development, prototyping, and deployment of energy efficiency and renewable energy technologies. The GAO must then report on: (1) the study results; and (2) an assessment of those financial tools, policies, and institutions that are most successful at reducing greenhouse gas emissions while protecting economic growth and employment.

Climate Solutions Commission Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Wildland Fire Response Act of 2008''. SEC. 2. FEDERAL WILDLAND FIRE EMERGENCY SUPPRESSION FUND TO COVER COSTS OF CERTAIN FEDERAL WILDLAND FIRE SUPPRESSION ACTIVITIES. The Cooperative Forestry Assistance Act of 1978 is amended by inserting after section 10A (16 U.S.C. 2106c) the following new section: ``SEC. 10B. FEDERAL WILDLAND FIRE EMERGENCY SUPPRESSION FUND AND RESPONSE TO DECLARED EMERGENCY WILDLAND FIRE INCIDENTS. ``(a) Definitions.--In this section: ``(1) Appropriate management response.--The term `appropriate management response' means a response plan to a wildland fire, based on an evaluation of risks to firefighter and public safety, land and resource and fire management objectives, resource availability, the circumstances under which the fire occurs, including weather and fuel conditions, protection priorities, values to be protected, and cost effectiveness. ``(2) Appropriate congressional committees.--The term `appropriate congressional committees' means the Committee on Agriculture, the Committee on Appropriations, the Committee on the Budget, and the Committee on Natural Resources of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry, the Committee on Appropriations, the Committee on the Budget, and the Committee on Energy and Natural Resources of the Senate. ``(3) Declared emergency wildland fire incident.--The term `declared emergency wildland fire incident' means a wildland fire incident declared by the Secretary concerned under subsection (c). ``(4) Fund.--The term `Fund' means the Federal Wildland Fire Emergency Suppression Fund established by subsection (b). ``(5) Secretary concerned.--The term `Secretary concerned' means the Secretary of Agriculture or the Secretary of the Interior. ``(6) Wildland fire operations.--The term `wildland fire operations' means those predictable activities of the Secretary concerned that are typically performed annually as part of wildland fire preparedness, anticipated wildland fire suppression workload, and wildland fire operations, including burned area emergency rehabilitation, associated with a wildland fire incident that does not meet the criteria specified in subsection (c). ``(b) Federal Wildland Fire Emergency Suppression Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a fund to be known as the `Federal Wildland Fire Emergency Suppression Fund', which shall be available to the Secretary concerned, subject to subsection (d), to cover the costs of Federal wildland fire suppression activities associated with a declared emergency wildland fire incident. ``(2) Contents.--The Fund shall consist of the following: ``(A) Amounts appropriated to the Fund. ``(B) Other emergency funds appropriated for wildland fire suppression activities that the Secretary concerned transfers to the Fund. ``(C) Subject to subsection (f)(3), other funds transferred to the Fund. ``(D) Interest earned on amounts in the Fund. ``(3) Availability.--Amounts in the Fund shall remain available until expended. ``(c) Declared Emergency Wildland Fire Incidents.-- ``(1) Criteria for declaration.--The Secretary concerned may declare a wildland fire incident to be a declared emergency wildland fire incident for which the costs of wildland fire suppression activities may be covered using amounts in the Fund if the Secretary concerned-- ``(A) has wildland fire suppression responsibilities for the incident that may be stipulated in a cooperative agreement; and ``(B) determines, taking into consideration the appropriate management response, that the incident meets either of the following criteria: ``(i) Size and severity.--The wildland fire incident-- ``(I) is at least 300 acres in size or involves multiple fire incidents; and ``(II) has the potential for extreme fire behavior. ``(ii) Threat.--The wildland fire incident has the potential for loss of lives, public and private property, watersheds, wildlife, particularly endangered or threatened species and their habitat, or severe immediate economic impact to local communities. ``(2) Delegation of declaration authority.--A declared emergency wildland fire incident shall be made only by the Secretary concerned or a designee of the Secretary at the subcabinet level. ``(d) Annual Condition on Use of Fund.--The Secretary concerned may only access the Fund during a fiscal year if the budget submitted to Congress under section 1105(a) of title 31, United States Code, for that fiscal year requested funds for the Secretary concerned for wildland fire operations in an amount not less than the 10-fiscal year average of expenditures for wildland fire operations by the Secretary concerned. ``(e) Reports on Fund Activities.--The Secretaries concerned shall submit to the appropriate congressional committees a joint report every six months detailing all expenditures from and deposits to the Fund during the preceding six-month period, including a detailed accounting of expenditures associated with each declared emergency wildland fire incident. Each report shall also be made available to the public. ``(f) Authorization of Appropriations.-- ``(1) Authorization of appropriations.--There is authorized to be appropriated to the Fund such amounts as are necessary to maintain the Fund at a level equal to the average annual costs incurred by the Secretaries concerned over the preceding five fiscal years for declared emergency wildland fire incidents. If the five fiscal years used in determining the average includes a fiscal year that began before the date of the enactment of the Emergency Wildland Fire Response Act of 2008, the Secretaries concerned shall prepare an estimate for that fiscal year of what the costs would have been for declared emergency wildland fire incidents had this section been in effect. ``(2) Notice of insufficient funds.--The Secretaries concerned shall notify the appropriate congressional committees whenever only an estimated two months worth of funding remains in the Fund or for wildland fire operations of the Secretaries. ``(3) Limitation on transfers from non-fire program accounts.--In addition to other requirements applicable to the reprogramming of funds, the Secretary concerned shall not transfer funds from non-fire program accounts to cover wildland fire suppression expenses unless the Fund or amounts available for wildland fire operations for that fiscal year have been depleted and a formal request to replenish the Fund or provide additional amounts for wildland fire operations, whichever has been depleted, has been submitted to the Committee on Appropriations of the House of Representatives and the Senate. ``(g) Promotion of Cost Containment in Wildland Fire Suppression.-- ``(1) Transfer of excess funds for reforestation.--Subject to such limitations as may be provided in appropriation Acts, the Secretary concerned may transfer any funds of the Secretary concerned for wildland fire operations that remain available at the end of a fiscal year to support reforestation and rehabilitation of forests following wildland fires. Such funds may only be expended in those areas where the wildland fire suppression expenditures were below the stratified cost index, or equivalent measure, as determined by the Secretary concerned. In this paragraph, the term `stratified cost index' means a measure that compares actual expenditures in connection with a wildfire incident to the expenditures one would expect given certain characteristics of the wildland fire, such as size, conditions, fuel type, or proximity to communities. ``(2) Review of certain fires.--The Secretary concerned shall conduct a review, using independent panels, of each wildfire incident that results in expenses to the Secretary concerned of greater than $10,000,000. The Secretary concerned shall submit to the appropriate congressional committees a report containing the results of each review.''. SEC. 3. REDUCING THE RISK OF WILDFIRES TO PEOPLE, PROPERTY, AND WATERSHEDS IN FIRE-READY COMMUNITIES. Section 10 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2106) is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection (g): ``(g) Support for Fire-Ready Communities.-- ``(1) Fire-ready community defined.--In this subsection, the term `fire-ready community' means a community that-- ``(A) is located within a priority area identified pursuant to subsection (b); ``(B) has a cooperative fire agreement that articulates the roles and responsibilities for Federal, State and local government entities in local wildfire suppression and protection; ``(C) has local codes that require fire-resistant home design and building materials; or ``(D) has a community wildfire protection plan (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6502)) or similar plan acceptable to the Secretary of Agriculture. ``(2) Fire risk mapping.--Not later than 180 days after the date of the enactment of the Emergency Wildland Fire Response Act of 2008, the Secretary shall develop a national map of landscape areas most at risk of wildfire and in need of hazardous fuel treatment and maintenance. The map shall identify priority areas for hazardous fuels reduction projects, including-- ``(A) at-risk communities in fire-prone areas of the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6502)); ``(B) watersheds and municipal drinking water sources; ``(C) emergency evacuation corridors; and ``(D) electricity transmission corridors. ``(3) Priority for fire-ready communities.--In allocating funds under this section and other provisions of this Act and Healthy Forests Restoration Act of 2003 under which the Secretary provides resources to local communities for wildland fire activities, the Secretary shall give priority to fire- ready communities. ``(4) Local wildland firefighting capability grants.-- ``(A) Grants available.--The Secretary may provide cost-share grants to fire-ready communities to increase their capacity to defend the community from wildland fire and to provide initial attack suppression response for cross-boundary efforts adjacent to National Forest System lands. ``(B) Eligible activities.--Grant funds may be used for the following: ``(i) Education programs to raise awareness of homeowners and citizens about wildland fire protection practices, including FireWise or similar programs. ``(ii) Training programs for local firefighters on wildland firefighting techniques and approaches. ``(iii) Equipment acquisition to facilitate wildland fire preparedness. ``(iv) Implementation of a community wildfire protection plan or similar plan. ``(v) Such other activities as the Secretary may authorize. ``(C) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out this section such sums as may be necessary. ``(5) Wildland fire cost-share agreements.--In developing any wildland fire cost-share agreement with a State Forester or equivalent official, the Secretary shall, to the greatest extent possible, encourage the State and local communities involved to become fire-ready communities. When determining cost-sharing responsibilities in any wildland fire cost-share agreement with a State Forester or equivalent official, the Secretary shall consider whether communities participating in the agreement have become or are taking steps to become fire- ready communities.''. SEC. 4. DEPARTMENT OF AGRICULTURE PARTNERSHIPS TO REDUCE HAZARDOUS FUELS ON NATIONAL FOREST SYSTEM LANDS. Section 10A of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2106c) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection (d): ``(d) Good Neighbor Partnerships.-- ``(1) Definitions.--In this subsection: ``(A) Contract.--The term `contract' means any contracting authority available to the Secretary of Agriculture, including a sole source contract or other agreement for the mutual benefit of the Secretary and a State Forester or equivalent official. ``(B) Good neighbor project.--The term `good neighbor project' means any project on National Forest System land that-- ``(i) meets the requirements for hazardous fuels reduction projects under subsections (a), (d), (e), and (f) of section 102 of the Healthy Forests Restoration Act (16 U.S.C. 6512) and would reduce risk of wildland fire or risk of insect or disease infestation to adjacent lands; or ``(ii) would improve watersheds or fish and wildlife habitat on National Forest System land and adjacent lands. ``(2) Partnership authority.--The Secretary may enter into contracts or cooperative agreements with a State Forester, or equivalent official, to prepare and implement good neighbor projects on National Forest System land to complement any similar project being performed on bordering or adjacent non- Federal land. The decision to proceed with a good neighbor project is in the Secretary's sole discretion. ``(3) State forester or equivalent official as agent.--A cooperative agreement or contract under paragraph (2) may authorize the State Forester or equivalent official to serve as the agent for the Secretary in providing all services necessary to facilitate the performance of good neighbor projects, except that any decision with respect to a good neighbor project required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) may not be delegated to a State Forester or equivalent official or any officer or employee of the State Forester or equivalent official. ``(4) Project requirements.--In implementing any good neighbor project, the Secretary shall ensure that-- ``(A) the project is consistent with the applicable land and resource management plan developed under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604); and ``(B) the project improves the cost efficiency of managing the National Forest System land covered by the project, as determined by the Secretary. ``(5) Priority for collaborative projects.--The Secretary shall give priority to good neighbor projects that are-- ``(A) developed in collaboration with non- governmental entities; ``(B) consistent with a community wildfire protection plan (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6502)); or ``(C) prepared in a manner consistent with the Implementation Plan for the Comprehensive Strategy for a Collaborative Approach for Reducing Wildland Fire Risks to Communities and the Environment, dated May 2002, developed pursuant to the conference report to accompany the Department of the Interior and Related Agencies Appropriations Act, 2001 (House Report No. 106-64), and subsequent revisions of the implementation plan. ``(6) Relation to other laws.--Subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply to a contract or other agreement under this subsection. ``(7) Subcontracting by a state forester or equivalent official.--A State Forester or equivalent official may subcontract to the extent allowed by State and local law to prepare or implement a contract or other agreement under this subsection.''.

Emergency Wildland Fire Response Act of 2008 - Establishes a Federal Wildland Fire Emergency Suppression Fund to cover the costs of federal wildland fire suppression activities associated with a declared emergency wildland fire incident. Sets forth the criteria for which declarations of emergency wildland fire incidents may be made under this Act. Requires a declaration of such an incident to only be made by the Secretary of Agriculture, the Secretary of the Interior, or a designee of the Secretary concerned at the subcabinet level. Allows the Secretary concerned to only access the Fund if the President's annual budget requested funds for wildland fire operations amounting to at least the ten-fiscal year average of expenditures for wildland fire operations. Requires the Secretaries to jointly report every six months on expenditures from and deposits to the Fund. Permits any excess funds for wildland fire operations to be transferred to support reforestation and rehabilitation of forests following wildland fires. Limits the areas in which such funds may be expended. Requires review of wildfire incidents resulting in expenses greater than $10 million. Directs the Secretary of Agriculture to develop a national map of landscape areas most at risk of wildfire and in need of hazardous fuel treatment and maintenance. Authorizes such Secretary to: (1) provide cost-share grants to fire-ready communities to increase their capacity to defend against wildland fire; and (2) enter into contracts or cooperative agreements with a State Forester or equivalent official to implement good neighbor projects on such lands.

To amend the Cooperative Forestry Assistance Act of 1978 to establish a Federal wildland fire emergency suppression fund to facilitate accountable fire suppression activities by the Secretary of Agriculture and the Secretary of the Interior to unanticipated large fire events, to encourage enhanced management efficiencies and cost controls of wildland fire suppression, and to reduce the risk of catastrophic wildfire to communities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Priorities Act of 1998''. SEC. 2. RECAPTURE OF SAVINGS FROM RETAIL ELECTRICITY COMPETITION. (a) Effective Date.--This Act shall take effect for a consumer sector in any State on January 1 of the first year after all State regulated electric utilities and all nonregulated electric utilities in that State have been determined by the Secretary of Energy to have established retail electric service choice for customers in that sector, but not earlier than January 1, 2001. The Secretary shall annually review the laws and regulations of each State relating to retail electric service regulation and make such determinations on January 1, 2001, and January 1 of each year thereafter. (b) 10 Percent of Consumer Savings.--For each State, on December 31 of the first full calendar year following the effective date of this Act for any consumer sector in the State, and on December 31 of each subsequent calendar year, each provider of retail electric services in the State shall contribute to the fiscal agent for the Environmental Priorities Board established under section 2 an amount equal to 10 percent of the total consumer savings for that sector for that calendar year. (c) Definitions.--For purposes of this section: (1) Consumer savings.--For any provider of retail electric services in a State, for any consumer sector in the State, the term ``consumer savings'' means, for any calendar year, the amount (if any) by which the potential rate for electric energy provided by that provider to that sector exceeds the current rate for that sector, multiplied by that sector's total consumption (in kilowatt-hours) during that calendar year. (2) Current rate.--For any provider of retail electric services in a State, for any consumer sector in the State, the term ``current rate'' means, for the 12 months following the effective date of this Act for that sector in that State, the average kilowatt-hour rate paid by customers of the provider in that consumer sector in that State, as calculated by the provider and recalculated annually. (3) Potential rate.-- (A) General rule.--For any provider of retail electric services in a State, for any consumer sector in the State, the term ``potential rate'' means, for each calendar year following the effective date of this Act for that sector in that State, the average kilowatt-hour rate paid by the provider's customers in that sector during the 12-month period preceding the date on which retail electric service choice for customers in that sector was established, adjusted for inflation. The adjustment for inflation shall be made using a methodology to be determined by the Secretary of Energy. The Secretary of Energy shall recalculate the potential rate annually to adjust it for inflation. (B) Special rules.--For all sectors not serviced by the provider during any period, the average kilowatt- hour rate for that sector shall be estimated or measured by the Secretary of Energy. In any case where retail choice in a State or sector did not all occur on one effective date but was phased-in over time, the Secretary of Energy shall establish regulations to fairly establish the potential rate. In any cases where, for the 12-month period preceding the date on which retail electric service choice for customers in that sector was established, a provider served a sector in the State but did not serve it for the full period, the Secretary of Energy shall establish regulations to fairly establish the potential rate. SEC. 3. USE OF CONTRIBUTIONS FOR ENVIRONMENTAL PRIORITIES. (a) National Environmental Priorities Board.--The Administrator of the Environmental Protection Agency (hereinafter in this section referred to as the ``Administrator'') shall establish a National Environmental Priorities Board to carry out the functions and responsibilities specified in this section. The Board shall be composed of 3 persons who are officers or employees of the United States, and 4 State commissioners nominated by the national organization of the State commissions and appointed by the Administrator. The Administrator shall appoint one member of the Board to serve as Chairman. (b) Rules.--Within 180 days after the enactment of this Act, the Administrator shall promulgate a final rule containing the rules and procedures of the Board, including the rules and procedures for selecting a non-Federal fiscal agent under subsection (e). The Administrator shall have oversight responsibilities over the Board. (c) Environmental Priorities Program.--(1) Within 90 days after the promulgation of the Administrator's rules under subsection (b), the Board shall institute a proceeding to establish regulations governing creation and administration of a Environmental Priorities Program. Such regulations shall include criteria and methods of selecting State projects to receive support under the Program. Such support may include direct loans, loan guarantees, grants, capitalization grants for State revolving funds, and other assistance. The State projects may include-- (A) lowering borrowing costs for municipal and regional governments constructing wastewater treatment plants; (B) increasing the use of filter strips and riparian buffers in protecting rivers and streams; (C) mitigating the deleterious effect of electricity production on air quality; (D) supporting the preservation of open space for resource conservation, wildlife protection, or recreation; and (E) such other projects furthering national environmental priorities as may be established by the Board. (2) The Board shall enter into arrangements with a non-Federal fiscal agent who shall be authorized to receive the contributions made under section 2(b) and to disburse such contributions as provided in subsection (d). (3) Any State in which retail electric service choice has been established for any consumer sector may establish one or more public purpose programs and apply for matching funding under this section for projects to be funded under such program. A participating State may use matching funds received under this section only to support one or more eligible environmental priorities programs meeting the selection criteria established under paragraph (1). The Board shall regularly audit the expenditures of matching funds received by a participating State under this section. (4) At no time shall a State be required, pursuant to this section, to participate in the Environmental Priorities Program, nor may a State be required by the Board to fund a particular project. (d) Fund for Environmental Priorities.--(1) The fiscal agent shall distribute contributions received by the fiscal agent under section 2(b) to States (or entities designated by the States) under this subsection in accordance with the criteria established by the Board under subsection (c) to carry out eligible projects under environmental priorities programs established by the States. For each calendar year after the year 2001, the Board shall solicit applications from States for matching funds to carry out eligible environmental priorities programs. The applications for assistance during any calendar year must be received by the Board before the commencement of such year. In its application, the State shall certify that the moneys will be used for one or more eligible public purpose programs and shall specify the amount of State support which is projected for the coming calendar year for the programs concerned. (2) Upon receipt of all State requests for matching funds submitted pursuant to paragraph (1) for any calendar year, the Board shall calculate the funds necessary to match the level of projected States funds for eligible environmental priorities programs for that calendar year. (3) Following the calculation of the amount of matching funds required under paragraph (2) for all States requesting funds for any calendar year, the Board shall communicate that amount to the fiscal agent. Expenditures by the fiscal agent for any calendar year may not exceed the total balance. To the extent the matching funds requested by all such States for a calendar year exceed the total amount received by the fiscal agent during the prior calendar year and available to the fiscal agent at the commencement of the calendar year concerned, the matching funds distributed to each such State shall be reduced pro rata so that the percentage of State funds matched by funds provided under this section is the same for all States requesting funds. (4) The fiscal agent shall distribute matching funds to the States (or to an entity or entities designated by the State to receive payments) to be used for eligible environmental priorities programs designated under subsection (c). All funds received shall be used only for the eligible environmental priorities programs designated by the State.

Environmental Priorities Act of 1998 - Makes this Act effective for a consumer sector in any State in the first year after all of a State's regulated and nonregulated electric utilities have established retail electric service choice for customers in such sector, but no earlier than 2001. Requires providers of retail electric services to contribute to the fiscal agent for the Environmental Priorities Board (established by this Act) ten percent of the total consumer savings for the consumer sector for that calendar year. Defines: (1) "consumer savings" as the amount by which the potential rate for electric energy provided to a consumer sector exceeds the current rate for the sector, multiplied by the sector's total consumption (in kilowatt-hours) during a calendar year; and (2) "potential rate" as the average kilowatt-hour rate paid by the provider's customers in that sector during the 12-month period preceding the date on which retail electric service choice was established, adjusted for inflation. Requires the Administrator of the Environmental Protection Agency to establish a National Environmental Priorities Board. Directs the Board to: (1) establish regulations governing creation of an Environmental Priorities Program, to include criteria and methods of selecting State projects to receive support; and (2) enter into arrangements with a non-federal fiscal agent to receive and disburse contributions described by this Act. Authorizes States in which retail electric service choice has been established for any consumer sector to establish public purpose programs and apply for matching funding to support environmental priorities programs. Requires the fiscal agent to distribute contributions to States to carry out such programs.

Environmental Priorities Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recoupment of Wall Street Bonus Act''. SEC. 2. BONUSES RECEIVED FROM CERTAIN TARP RECIPIENTS. (a) In General.--In the case of an employee or former employee of a covered TARP recipient, the tax imposed by chapter 1 of the Internal Revenue Code of 1986 for any taxable year shall not be less than the sum of-- (1) the tax that would be determined under such chapter if the taxable income of the taxpayer for such taxable year were reduced (but not below zero) by the TARP bonus received by the taxpayer during such taxable year, plus (2) 100 percent of the TARP bonus received by the taxpayer during such taxable year. (b) TARP Bonus.--For purposes of this section-- (1) In general.--The term ``TARP bonus'' means, with respect to any individual for any taxable year, the lesser of-- (A) the aggregate disqualified bonus payments received from covered TARP recipients during such taxable year, or (B) the excess of-- (i) the adjusted gross income of the taxpayer for such taxable year, over (ii) $250,000 ($125,000 in the case of a married individual filing a separate return). (2) Disqualified bonus payment.-- (A) In general.--The term ``disqualified bonus payment'' means any retention payment, incentive payment, or other bonus which is in addition to any amount payable to such individual for service performed by such individual at a regular hourly, daily, weekly, monthly, or similar periodic rate. (B) Exceptions.--Such term shall not include commissions, welfare or fringe benefits, or expense reimbursements. (C) Waiver or return of payments.--Such term shall not include any amount if the employee irrevocably waives the employee's entitlement to such payment, or the employee returns such payment to the employer, before the close of the taxable year in which such payment is due. The preceding sentence shall not apply if the employee receives any benefit from the employer in connection with the waiver or return of such payment. (3) Reimbursement of tax treated as tarp bonus.--Any reimbursement by a covered TARP recipient of the tax imposed under subsection (a) shall be treated as a disqualified bonus payment to the taxpayer liable for such tax. (c) Covered TARP Recipient.--For purposes of this section-- (1) In general.--The term ``covered TARP recipient'' means-- (A) any person who receives after December 31, 2007, capital infusions under the Emergency Economic Stabilization Act of 2008 which, in the aggregate, exceed $5,000,000,000, (B) the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, (C) any person who is a member of the same affiliated group (as defined in section 1504 of the Internal Revenue Code of 1986, determined without regard to paragraphs (2) and (3) of subsection (b)) as a person described in subparagraph (A) or (B), and (D) any partnership if more than 50 percent of the capital or profits interests of such partnership are owned directly or indirectly by one or more persons described in subparagraph (A), (B), or (C). (2) Exception for tarp recipients who repay assistance.--A person shall be treated as described in paragraph (1)(A) for any period only if-- (A) the excess of the aggregate amount of capital infusions described in paragraph (1)(A) with respect to such person over the amounts repaid by such person to the Federal Government with respect to such capital infusions, exceeds (B) $5,000,000,000. (d) Other Definitions.--Terms used in this section which are also used in the Internal Revenue Code of 1986 shall have the same meaning when used in this section as when used in such Code. (e) Coordination With Internal Revenue Code of 1986.--Any increase in the tax imposed under chapter 1 of the Internal Revenue Code of 1986 by reason of subsection (a) shall not be treated as a tax imposed by such chapter for purposes of determining the amount of any credit under such chapter or for purposes of section 55 of such Code. (f) Regulations.--The Secretary of the Treasury, or the Secretary's delegate, shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section. (g) Effective Date.--This section shall apply to disqualified bonus payments received after December 31, 2008, in taxable years ending after such date. SEC. 3. DEPOSIT LOCATION FOR REVENUES RECEIVED UNDER SECTION 1. All tax revenue received as a result of section 1 shall be deposited in the appropriate account at the Department of Housing and Urban Development to fund programs under section 4.

Recoupment of Wall Street Bonus Act - Imposes an additional income tax on bonuses paid to employees or former employees of covered Troubled Asset Relief Program (TARP) recipients. Defines "covered TARP recipient" to include: (1) entities and their affiliates that received capital infusions under the Emergency Economic Stabilization Act of 2008 exceeding $5 billion; and (2) the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac). Exempts entities that repay TARP amounts exceeding a $5 billion threshold. Sets the rate of such tax at 100% of the lesser of: (1) the bonus amounts paid; or (2) the amount of such taxpayer's adjusted gross income exceeding $250,000 ($125,000 in the case of a married individual filing a separate return). Exempts any employee who irrevocably waives or returns a bonus payment before the close of the taxable year in which such payment is due. Requires tax revenues generated by this Act to be paid to the Department of Housing and Urban Development (HUD) to fund community development programs.

To impose a tax on Wall Street bonuses received from TARP recipients and direct revenue to mortgage workouts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``IRS Abuse Protection Act of 2013''. SEC. 2. NOTICE RELATING TO ACCESSING ACCOUNT, RETURN, OR RETURN INFORMATION. (a) In General.--Section 6103 of the Internal Revenue Code of 1986 is amended by redesignating subsection (q) as subsection (r) and by inserting after subsection (p) the following new subsection: ``(q) Notice Relating to Accessing Account, Return, or Return Information.-- ``(1) In general.--The Secretary shall provide notice, in writing, to a taxpayer any time the taxpayer's account, return, or return information is accessed by the Secretary. ``(2) Special rules relating to investigations.-- ``(A) Investigations by the secretary.--In the case of any civil or criminal investigation, the notice required by paragraph (1) shall be provided not later than 1 year after such investigation is closed. ``(B) Investigations by states.--In the case of any investigation by a State using information provided pursuant to subsection (d), the notice required by paragraph (1) shall be provided after the Secretary receives notice with respect to such investigation pursuant to subsection (d)(7). Notice provided pursuant to this subparagraph shall include all information provided to the Secretary pursuant to subsection (d)(7). ``(3) Notice.--The notice required by paragraph (1) shall include the following: ``(A) Who accessed such account, return, or return information. ``(B) The purpose for which such account, return, or return information was accessed. ``(C) How such account, return, or return information was accessed. ``(4) Copy of information accessed.--In addition to the notice required to be provided by paragraph (1), the Secretary shall provide with such notice a copy of all information accessed. ``(5) Subsequent use of accessed information.--If a report or other use of an account, return, or return information for which notice is provided under paragraph (1) is made, the Secretary shall provide such report or a report of such use to the taxpayer. ``(6) Taxpayer rights.--The Secretary shall include with each notice provided under this subsection a notice of taxpayer rights pursuant to the Taxpayer Bill of Rights 2.''. (b) Availability of Inspector General for Tax Administration Reports.--Section 7803(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Availability of inspector general for tax administration reports.--If the Inspector General for Tax Administration investigates any unauthorized use a taxpayer's account, return, or return information, the Inspector General for Tax Administration shall notify the taxpayer of such investigation and provide full access to any report by the Inspector General for Tax Administration with respect to the investigation.''. (c) State Access to Taxpayer Information.--Section 6103(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(7) Submission of notification to secretary.--The Secretary may not provide any access or disclosure under the preceding paragraphs of this subsection until the entity to be provided access or disclosure agrees to notify the Secretary within 1 year after an investigation is closed the identity of who accessed such information, what was accessed, why it was accessed and how it was accessed.''. (d) Reports of Unauthorized Access to Congress.--Section 6103(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Unauthorized access reports, etc.--Notwithstanding any other provision of this section, the Secretary with respect to Internal Revenue Service employees, and the Inspector General for Tax Administration with respect to any audit, shall submit to each member of the committees referred to in paragraph (1) any report of the Secretary or the Inspector General for Tax Administration, as the case may be, regarding unauthorized access, violation of rights, laws, or any rules or regulations of the Internal Revenue Service.''. (e) Effective Dates.-- (1) Subsection (a).--The amendment made by subsection (a) shall apply with respect to information accessed after the date of the enactment of this Act. (2) Subsection (b).--The amendment made by subsection (b) shall apply with respect to investigations closed after the date of the enactment of this Act. (3) Subsection (c).--The amendment made by subsection (c) shall apply to access and disclosures after the date of the enactment of this Act. (4) Subsection (d).--The amendment made by subsection (d) shall apply with respect to information accessed and reports prepared after the date of the enactment of this Act.

IRS Abuse Protection Act of 2013 - Amends the Internal Revenue Code to require the Secretary of the Treasury to provide written notice to a taxpayer any time such taxpayer's account, tax return, or return information is accessed by the Department of the Treasury. Requires such notice to include: (1) who accessed such information, (2) the purpose for which such information was accessed, (3) how much information was accessed, (4) a copy of all information accessed, and (5) a notice of taxpayer rights. Prohibits the Secretary from providing access to or disclosing taxpayer information to a state entity conducting an investigation until such entity agrees to notify the Secretary, within one year after the investigation is closed, of the identity of who accessed such information, what was accessed, and why and how such information was accessed. Requires the Inspector General for Tax Administration of the Department of the Treasury to notify a taxpayer of an investigation by the Inspector General of any unauthorized use of a taxpayer's account, tax return, or tax information and provide full access to any report with respect to such investigation.

IRS Abuse Protection Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Health Plans Act of 2007''. SEC. 2. SMALL BUSINESS HEALTH BENEFITS PROGRAM (SBHBP). Title XXVII of the Public Health Service Act is amended-- (1) by redesignating part C as part D; and (2) by inserting after part B the following new part: ``PART C--SMALL BUSINESS HEALTH BENEFITS PROGRAM (SBHBP) ``SEC. 2771. SMALL BUSINESS HEALTH BENEFITS PROGRAM. ``(a) Establishment.--The Secretary shall establish a small business health benefits program under which small employers may offer health insurance coverage to employees and their dependents. ``(b) Program Elements.--Under the SBHBP: ``(1) Access to insurance.--Small employers are provided access, for years beginning on or after January 1, 2007, to qualified health pooling arrangements under which their employees may elect self-only or family health insurance coverage under at least 2 health insurance coverage policies, regardless of whether premium assistance referred to in paragraph (2) is available with respect to such employer. ``(2) Premium assistance for small employers.--Premium assistance is available under subsection (c) to assist small employers in the payment of premiums for the health insurance coverage provided. ``(3) Employer share of premiums.-- ``(A) In general.--Small employers are provided access to health insurance coverage, and may be eligible for premium assistance under subsection (c), only if they pay (before the application of any premium assistance under subsection (c)) at least 50 percent of the premiums for coverage of their employees, but such employers are not required to pay for the portion of the premiums for dependents of employees. ``(B) Construction.--Nothing in this section shall be construed as preventing an employee from applying the payment described in subparagraph (A) towards the payment of premiums for family health insurance coverage. ``(4) Health insurance coverage.-- ``(A) In general.--Health insurance coverage offered under SBHBP shall meet the following requirements: ``(i) The Secretary determines that the coverage is substantially similar to health benefits coverage in any of the four largest health benefit plans (determined by enrollment) offered under chapter 89 of title 5, United States Code. ``(ii) The coverage complies with State laws and regulations (including applicable benefit mandates, rating requirements, and other consumer protections) for group health insurance coverage for the State in which the coverage is offered. ``(iii) The Secretary determines that the coverage provided to employees is coordinated, in accordance with regulations prescribed by the Secretary, with other coverage provided under governmental health benefits programs under which health benefits coverage is available to such employees. ``(B) Standards for participating health insurers.--In administering the program, the Secretary may consider the solvency and claims payment history of health insurers and shall promote participation by qualified health insurers that establish-- ``(i) integration of health information technology tools to promote quality; ``(ii) chronic disease management; ``(iii) preventive health care services; and ``(iv) evidence-based medicine considerations of prescription drugs and other treatment that take into account the individual medical circumstances of individuals enrolled in the program. ``(5) Enrollment.--In administering the program, the Secretary shall provide that employee enrollment (and changes in enrollment) are limited to an annual open enrollment period, except in the case of change of employment status (including new a new employee) that affects eligibility for coverage and in the case of qualifying events (such as change in family status) specified by the Secretary and consistent with section 2701(f). ``(c) Premium Assistance.--Under the SBHBP, the Secretary shall establish a program of premium assistance for small employers. Such program shall provide for a sliding scale of assistance to such employers taking into account the following: ``(1) The number of employees of the employer. ``(2) The average wage level of such employees relative to the average wage level for employees in the same geographic area. ``(3) The profit margin of the employer. ``(d) Reinsurance for Catastrophic Costs for Certain Health Insurance Issuers.-- ``(1) In general.--In the case of health insurance coverage offered under the SBHBP by a health insurance issuer that participates in a qualified health pooling arrangement, the Secretary shall provide for reinsurance coverage for 75 percent of covered claims that exceed, for an individual for a year, an amount determined by the Secretary for such year which is not less than the minimum amount specified in paragraph (2). ``(2) Minimum amount.--The minimum amount specified in this paragraph is-- ``(A) for the first year in which this section is in effect, $100,000; or ``(B) for a subsequent year is the minimum amount specified in this paragraph for a previous year, increased by the Secretary's estimate of the average annual percentage increase in health insurance coverage with a median level of premiums for the previous year. Any amount determined under subparagraph (B) which is not a multiple of $1,000 shall be rounded to the nearest multiple of $1,000. ``(e) Qualified Health Pooling Arrangement.--For purposes of this section, the term `qualified health pooling arrangement' means, with respect to employees employed in any State for any year-- ``(1) except as provided in subparagraph (B), an arrangement established by (and operating under the oversight of) such State for purposes of this section, in accordance with regulations of the Secretary, which provides for pooling of health insurance coverage offered for such year in such State, and ``(2) in any case in which there is not in effect for any year an arrangement described in subparagraph (A) established by such State, the national health pooling arrangement established under section 3. The Secretary shall determine, within a reasonable time prior to each year, whether there is a qualified health pooling arrangement described in paragraph (1) with respect to employees employed in any State. ``(f) Small Employer Defined.-- ``(1) In general.--For purposes of this part, except as otherwise provided in this subsection, the term `small employer' means an employer with 50 or fewer employees, as determined under regulations promulgated by the Secretary. ``(2) Continuation of participation.--An employer whose employees are provided health insurance coverage under the SBHBP while the employer is a small employer as defined in paragraph (1) and who thereafter has more than 50 employees shall continue to be treated as a small employer. ``(3) Employers not in existence in preceding year.--In the case of an employer which was not in existence for the full year prior to the date on which the employer applies to participate in SBHBP, the determination of whether such employer meets the requirements of paragraph (1) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the employer's first full year. ``(4) Waiver.--The Secretary may waive the limitations relating to the size of an employer which may participate under SBHBP on a case by case basis if the Secretary determines that such employer makes a compelling case for such a waiver. In making determinations under this paragraph, the Secretary shall consider the effects of the employment of temporary and seasonal workers and other related factors. ``(g) Other Definitions.--For purposes of this part: ``(1) The terms `employee' and `dependent' have the meanings given such terms by the Secretary in regulations and shall be based upon the definitions of such terms used for purposes of the Federal employee health benefits program established under chapter 89 of title 5, United States Code. The term `employee' includes, in the case of a partnership or sole proprietorship, a partner in the partnership or the sole proprietor, including an individual employer who has no employees. Such may include, with respect to an employer and at the employer's option, part-time and seasonal employees. ``(2) The term `SBHBP' means the small business health benefits program established under this section. ``(h) Grants for State Qualified Health Pooling Arrangements.-- ``(1) In general.--The Secretary shall provide grants to States for the establishment, initial administration, and operations of qualified health pooling arrangements described in subsection (e)(1). ``(2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection. ``SEC. 2772. ESTABLISHMENT OF NATIONAL HEALTH POOLING ARRANGEMENT. ``(a) In General.--The Secretary and the Secretary of Labor, acting jointly and in consultation with the Director of the Office of Personnel Management, shall provide for-- ``(1) the offering on a timely basis consistent with section 2771 of a national health pooling arrangement to eligible small employers; and ``(2) appropriate oversight over any such arrangement. ``(b) Specific Requirements.--In carrying out subsection (a), the Secretary and the Secretary of Labor shall-- ``(1) model the national health pooling arrangement on the Federal employees health benefits program under chapter 89 of title 5, United States Code, to the extent practicable and consistent with the other requirements of this part; ``(2) consistent with paragraph (1), negotiate the most affordable and substantial coverage possible for small employers; and ``(3) not offer any health plan under such arrangement unless the plan meets the restrictions relating to premium rates contained in the most recent `Small Employer Health Insurance Availability Model Act' of the National Association of Insurance Commissioners . ``(c) Definitions.--For purposes of this section-- ``(1) the term `national health pooling arrangement' means an arrangement which provides for pooling of health insurance coverage offered for any year in all States which do not have in effect for such year an arrangement for pooling of health insurance coverage offered in such States; and ``(2) in connection with the national health pooling arrangement offered pursuant to this section, an individual employer shall be taken into account as an employee under this section.''.

Small Business Health Plans Act of 2007 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish a small business health benefits program (SBHBP) under which small employers may offer health insurance coverage to employees and their dependents. Outlines program elements and coverage requirements, including that small employers are provided access to qualified health pooling arrangements under which their employees may elect coverage substantially similar to the federal employees benefit program (FEHB) coverage. Requires the Secretary to: (1) establish a program of premium assistance for small employers under SBHBP that provides a sliding scale of assistance based on the number of employees, the average wage level of such employees, and the employer profit margin; (2) provide for reinsurance coverage for an individual's claims that exceed a specified amount for a year; and (3) provide grants to states for the establishment, initial administration, and operations of qualified health pooling arrangements. Directs the Secretary and the Secretary of Labor to provide for a national health pooling arrangement for eligible small employers modeled after FEHB.

To amend the Public Health Service Act to establish a small business health benefits program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Primary Care Enhancement Act of 2015''. SEC. 2. TREATMENT OF DIRECT PRIMARY CARE SERVICE ARRANGEMENTS. (a) In General.--Section 223(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Treatment of direct primary care service arrangements.--An arrangement under which an individual is provided ongoing primary care services in exchange for a fixed periodic fee which is not billed to any third party on a fee for service basis-- ``(A) shall not be treated as a health plan for purposes of paragraph (1)(A)(ii), and ``(B) shall not be treated as insurance for purposes of subsection (d)(2)(B).''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. CERTAIN PROVIDER FEES TO BE TREATED AS MEDICAL CARE. (a) In General.--Subsection (d) of section 213 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Periodic provider fees.--The term `medical care' shall include periodic fees paid to a primary care physician for a defined set of medical services on an as-needed basis.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. MEDICARE PRIMARY CARE MEDICAL HOME DEMONSTRATION PROGRAM. Section 1115A of title XI of the Social Security Act (42 U.S.C. 1315a) is amended-- (1) in subsection (b)(2)(A), in the last sentence, by inserting ``, and shall include the model described in subsection (h)'' before the period at the end; and (2) by adding at the end the following new subsection: ``(h) Primary Care Medical Home Model.-- ``(1) Model.-- ``(A) In general.--The model described in this subsection is a model under which qualified direct primary care medical home practices are reimbursed a periodic fee for furnishing services to an individual enrolled under part B of title XVIII. ``(B) Qualified direct primary care medical home practice.--In this subsection, the term `qualified direct primary care medical home practice' means a qualified direct primary care medical home practice described in section 1301(a)(3) of the Patient Protection and Affordable Care Act (as amended by section 10104(a) of such Act). ``(2) Periodic fee.-- ``(A) In general.--Subject to the succeeding provisions of this paragraph, the Secretary shall establish the periodic fee to be paid to qualified direct primary care medical home practices participating in the model under this subsection for each individual enrolled in the practice. ``(B) Affordable primary care.--In no case may a monthly equivalent of the periodic fee established by the Secretary under subparagraph (A) exceed an amount equal to twenty percent of the average per capita monthly amount that the Secretary estimates will be payable from the Federal Hospital Insurance Trust Fund under section 1817 and from the Federal Supplementary Medical Insurance Trust Fund for services and related administrative costs for an individual under parts A and B of title XVIII. ``(C) Adjustment to periodic fee.-- ``(i) Performance benchmark.--The Secretary shall establish a performance benchmark for a year using the ACO quality measures in the Medicare shared savings program under section 1899. ``(ii) Adjustment.--Beginning with the second year the model under this subsection is conducted, in the case of a qualified direct primary care medical home practice participating in the model under this subsection-- ``(I) that meets or exceeds the performance benchmark for the year under clause (i), the periodic fee paid to the practice for each individual enrolled in the practice shall be increased by 5 percent; and ``(II) that does not meet the performance benchmark for the year under clause (i), the periodic fee paid to the practice for each individual enrolled in the practice shall be reduced by 5 percent. ``(3) Termination if performance benchmark not net for 2 consecutive years.--The Secretary shall terminate the participation of a qualified direct primary care medical home practice in the model under this subsection if the practice would otherwise be subject to the adjustment under paragraph (2)(C)(ii)(II) for 2 consecutive years. ``(4) Scope of services.--Each qualified direct primary care medical home practice shall employ the following activities and functions associated with direct primary care medical homes: ``(A) Preventive care. ``(B) Wellness counseling. ``(C) Primary care. ``(D) Coordination of primary care with specialty and hospital care. ``(E) Availability of ongoing care appointments 7 days per week. ``(F) Secure e-mail and telephone consultation. ``(G) Availability of telephone access for ongoing care consultation on a 7-day-per-week, 24-hour-per-day basis. ``(H) Use of a primary care provider panel size that promotes the ability of participating providers to appropriately provide the scope of services described in this paragraph. ``(5) Priority.-- ``(A) In general.--In selecting qualified direct primary care medical home practices to participate under this subsection, the Secretary shall provide priority to practices that seek to enroll individuals who are dual eligible individuals. ``(B) Dual eligible individual.--In subparagraph (A), the term `dual eligible individual' means an individual who is-- ``(i) enrolled under part B of title XVIII; and ``(ii) described in subparagraph (A)(ii) of section 1935(c)(6) of the Social Security Act (42 U.S.C. 1396u-5(c)(6)), taking into account the application of subparagraph (B) of such section. ``(6) Not insurance.--Care provided in a qualified direct primary care medical home practice participating in the model under this subsection shall not be considered an insurance product and shall not be subject to regulation as an insurance product or health maintenance organization by State insurance commissioners. ``(7) Reporting to secretary.--A qualified direct primary care medical home practice participating in the model under this subsection shall submit to the Secretary an annual report on-- ``(A) the progress, of individuals enrolled in the practice with one or more chronic conditions, on the following: ``(i) Emergency room visits. ``(ii) Hospitalizations. ``(iii) Surgeries (including type of surgery). ``(iv) Specialist visits. ``(v) Use of advanced radiology (other than mammograms and DEXA scans); and ``(B) such other areas determined appropriate by the Secretary. ``(8) Provision of data to practices.--The Secretary shall provide qualified direct primary care medical home practices participating in the model under this subsection with all necessary and relevant patient data, including any prior claims data, needed for clinical purposes and for the purpose of providing an evaluation of such the model under this subsection. ``(9) Providers currently opted out of medicare.-- Notwithstanding section 1802(b), a physician or practitioner who has currently opted out of the Medicare program under such section may participate in a qualified direct primary care medical home practice participating in the model under this subsection and payment may be made under this title with respect to items and services furnished by such physician or practitioner under such model to Medicare beneficiaries with whom the physician or practitioner has in effect a private contract under such section. ``(10) Fraud.--A physician or practitioner who has been excluded from participation in a Federal health care program (as defined in section 1128C(f)) shall not be permitted to participate in a qualified direct primary care medical home practice under the model under this subsection. ``(11) Duration.--Subject to subsection (b)(3), the Secretary shall conduct the model under this subsection for a period of not less than 3 years. ``(12) Expansion.--Notwithstanding subsection (c), if the Secretary determines, after the third year that the model under this subsection is conducted, that-- ``(A) a qualified direct primary care medical home practice participating in the model under this subsection meets the requirements under paragraphs (1), (2), and (3) of such subsection, such practice shall continue permanently as long as it continues to meet such requirements and the other requirements of this subsection; and ``(B) a majority of qualified direct primary care medical home practice participating in the model under this subsection meet the requirements under paragraphs (1), (2), and (3) of such subsection, the Secretary shall expand the model on a nationwide basis.''. SEC. 5. USE OF DIRECT PRIMARY CARE MEDICAL HOMES UNDER THE MEDICARE ADVANTAGE PROGRAM. (a) In General.--Nothing in title XVIII of the Social Security Act or any other provision of law shall be construed to prohibit a Medicare Advantage organization offering a Medicare Advantage plan under part C of such title from-- (1) contracting with a qualified direct primary care medical home practice to offer primary care services under such plan; or (2) including in such contract provisions for shared savings agreed upon between the Medicare Advantage organization and the the qualified direct primary care medical home practice. (b) Qualified Direct Primary Care Medical Home Practice.--In this section, the term ``qualified direct primary care medical home practice'' means a qualified direct primary care medical home practice described in section 1301(a)(3) of the Patient Protection and Affordable Care Act (as amended by section 10104(a) of such Act).

Primary Care Enhancement Act of 2015 This bill amends the Internal Revenue Code to: (1) permit an individual to pay primary care service arrangement costs from a health savings account; (2) allow an eligible taxpayer enrolled in a high-deductible health plan to take a tax deduction for cash paid into a health savings account, even if the taxpayer is simultaneously enrolled in a primary care service arrangement; and (3) for purposes of certain tax-deductible expenses for medical care, expand the definition of "medical care" to include periodic provider fees. A "primary care service arrangement" is an exchange of ongoing primary care services for a fixed periodic fee which is not billed to any third party on a fee-for-service basis. The bill also amends title XI of the Social Security Act to require the Center for Medicare and Medicaid Innovation (CMI) to test a primary care medical home model for payment and service delivery. Under this type of model, qualified direct primary care medical home practices are reimbursed a periodic fee for serving Medicare enrollees. In selecting qualified direct primary care medical home practices to participate, CMI shall give priority to practices seeking to enroll dual-eligible individuals. CMI must conduct the model for at least three years, but, if specified conditions are met, CMI shall expand the model on a nationwide basis and a participating practice may continue permanently.

Primary Care Enhancement Act of 2015

SECTION 1. ENHANCEMENT OF PROCEDURES FOR COMMUNICATIONS BY MEMBERS OF THE ARMED FORCES REGARDING ALLEGATIONS OF SEXUAL ASSAULT. (a) Judge Advocates To Be Recipients of Restricted Reporting of Allegations Without Triggering Official Investigative Process.--The officials who are authorized to receive a restricted reporting by a member of the Armed Forces of an allegation of sexual assault without resulting in the initiation of an official investigative process with respect to the allegation shall include judge advocates. (b) Privileged Nature of Communications Between Members and Victim Advocates.-- (1) In general.--The Secretary of Defense shall modify the Military Rules of Evidence to provide that a member of the Armed Forces who alleges sexual assault shall have the privilege to refuse to disclose, and to prevent any other person from disclosing, a confidential communication made between the member and a Victim Advocate (VA), in a case arising under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), or chapter 47A of title 10, United States Code (relating to military commissions), if the communication was made for the purpose of facilitating victim advocacy for the member with respect to the allegation. The privilege shall be similar in scope and exceptions, and the privilege shall be administered in a manner similar, to the psychotherapist-patient privilege under Rule 513 of the Military Rules of Evidence. (2) Confidential defined.--In this subsection, the term ``confidential'', in the case of a communication, means not intended to be disclosed to third persons other than those to whom disclosure is in furtherance of victim advocacy or those reasonably necessary for the transmission of the communication. (c) Other Definitions.--In this section, the terms ``official investigative process'', ``restricted reporting'', and ``unrestricted reporting'' have the meaning given such terms in Department of Defense Directive 6495.01, dated October 6, 2005 (as amended). SEC. 2. REQUIREMENTS AND LIMITATIONS REGARDING SEXUAL ASSAULT RESPONSE COORDINATORS AND VICTIM ADVOCATES. (a) Limitation on Personnel Discharging SARC Functions.-- (1) In general.--Each Sexual Assault Response Coordinator (SARC) shall be a member of the Armed Forces on active duty or a full-time civilian employee of the Department of Defense. (2) Prohibition on discharge by contractor personnel.--A contractor or employee of a contractor of the Federal Government may not serve or act as, or discharge the functions of, a Sexual Assault Response Coordinator. (b) Minimum Number of VAs.--Each battalion of the Armed Forces shall be assigned not less than one Victim Advocate (VA) who is a member of the Armed Forces on active duty or a full-time civilian employee of the Department of Defense. (c) Training and Certification.-- (1) Training and certification for sarcs.--The Secretary of Defense shall, in consultation with the National Organization of Victim Advocates (NOVA), carry out a program as follows: (A) To provide standardized training for all individuals who will serve as Sexual Assault Response Coordinators on matters relating to sexual assault in the Armed Forces. (B) To certify individuals who successfully complete training provided pursuant to subparagraph (A) as qualified for the discharge of the functions of Sexual Assault Response Coordinator. (2) Participation of vas.--The Secretary shall permit individuals who will serve as a Victim Advocate to participate in training provided pursuant to paragraph (1)(A) if such training is not otherwise provided or available to such individuals through individuals certified as Sexual Assault Response Coordinators under paragraph (1)(B). (d) Definitions.--In this section, the term ``Sexual Assault Response Coordinator'' and ``Victim Advocate'' have the meaning given such terms in Department of Defense Directive 6495.01, dated October 6, 2005 (as amended). SEC. 3. REQUIREMENTS FOR THE SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM. (a) SES Position for Director of SAPRO.--The position of Director of the Sexual Assault Prevention and Response Office (SAPRO) of the Department of Defense shall be a position in the Senior Executive Service (SES). (b) Standardization of Program.--The Secretary of Defense shall take appropriate actions to standardize and update programs and activities relating to sexual assault prevention and response across the Armed Forces and the military departments. Such actions shall include the following: (1) The establishment of common organizational structures for organizations in the Armed Forces and the military departments responsible for sexual assault prevention and response activities in order to achieve commonality in the structure of such organizations and their discharge of their functions. (2) The standardization of terminology on sexual assault prevention and response to be utilized by the organizations described in paragraph (1), the Armed Forces, and the military departments. (3) The establishment of position descriptions for positions in the Armed Forces and the military departments charged with sexual assault prevention and response duties, and the specification of the responsibilities of such positions. (4) The establishment of minimum standards for programs and activities of the Armed Forces and the military departments relating to sexual assault prevention and response. (5) Such other actions as the Secretary considers appropriate. SEC. 4. SEXUAL ASSAULT PREVENTION AND RESPONSE TRAINING IN PROFESSIONAL MILITARY EDUCATION. The Secretary of Defense shall, in consultation with the Secretaries of the military departments, ensure that training on sexual assault prevention and response is provided to members of the Armed Forces at each level of professional military education (PME) for members of the Armed Forces. Such training shall, to the extent practicable, be uniform across the Armed Forces. SEC. 5. SEXUAL ASSAULT DEFINED. In this Act, the term ``sexual assault'' has the meaning given that term in Department of Defense Directive 6495.01, dated October 6, 2005 (as amended).

Requires the officials authorized to receive a restricted reporting by a member of the Armed Forces (member) of an allegation of sexual assault without resulting in the initiation of an official investigative process to include judge advocates. Directs the Secretary of Defense (DOD) to modify the Military Rules of Evidence to provide a member the privilege to refuse to disclose in a military proceeding a confidential communication between a member and a Victim Advocate, if such communication was made to facilitate victim advocacy. Requires each Sexual Assault Response Coordinator to be a member on active duty or a full-time civilian DOD employee. Prohibits any contractor personnel from acting as Coordinators. Requires each military battalion to have at least one Victim Advocate who is either a member on active duty or a full-time civilian DOD employee. Directs the Secretary to carry out a training and certification program for such Coordinators. Requires the DOD position of Director of the Sexual Assault Prevention and Response Office to be a position in the Senior Executive Service. Directs the Secretary to standardize and update programs and activities relating to sexual assault prevention and response across the Armed Forces and the military departments. Requires the Secretary to ensure that training on sexual assault prevention and response is provided to members at each level of professional military education and is uniform across the Armed Forces.

A bill to improve and enhance the capabilities of the Department of Defense to prevent and respond to sexual assault in the Armed Forces, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ombudsman Reauthorization Act of 2002''. SEC. 2. OFFICE OF OMBUDSMAN. Section 2008 of the Solid Waste Disposal Act (42 U.S.C. 6917) is amended to read as follows: ``SEC. 2008. OFFICE OF OMBUDSMAN. ``(a) Definitions.--In this section: ``(1) Agency.--The term `Agency' means the Environmental Protection Agency. ``(2) Deputy ombudsman.--The term `Deputy Ombudsman' means any individual appointed by the Ombudsman under subsection (e)(1)(A)(i). ``(3) Office.--The term `Office' means the Office of the Ombudsman established by subsection (b)(1). ``(4) Ombudsman.--The term `Ombudsman' means the director of the Office. ``(b) Establishment.-- ``(1) In general.--There is established within the Agency an office to be known as the `Office of the Ombudsman'. ``(2) Oversight.-- ``(A) In general.--The Office shall be an independent office within the Agency. ``(B) Structure.--To the maximum extent practicable, the structure of the Office shall conform to relevant professional guidelines, standards, and practices. ``(3) Head of office.-- ``(A) Ombudsman.--The Office shall be headed by an Ombudsman, who shall-- ``(i) be appointed by the President by and with the advice and consent of the Senate; and ``(ii) report directly to the Administrator. ``(B) Qualifications for and restrictions on employment.--A person appointed as Ombudsman-- ``(i) shall have experience as an ombudsman in a Federal, State, or local government entity; and ``(ii) shall not have been an employee of the Agency at any time during the 1-year period before the date of appointment. ``(C) Term.--The Ombudsman-- ``(i) shall serve for a term of 5 years; and ``(ii) may be reappointed for not more than 1 additional term. ``(D) Removal.-- ``(i) In general.--The President may remove or suspend the Ombudsman from office only for neglect of duty or malfeasance in office. ``(ii) Communication to congress.--If the President removes or suspends the Ombudsman, the President shall communicate the reasons for the removal or suspension to Congress. ``(c) Duties.--The Ombudsman shall-- ``(1) receive, and render assistance concerning, any complaint, grievance, or request for information submitted by any person relating to any program or requirement under-- ``(A) this Act; ``(B) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or ``(C) any other program administered by the Office of Solid Waste and Emergency Response of the Agency; and ``(2) conduct investigations, make findings of fact, and make nonbinding recommendations to the Administrator concerning the programs and requirements described in paragraph (1). ``(d) Powers and Responsibilities.--In carrying out this section, the Ombudsman-- ``(1) may investigate any action of the Agency without regard to the finality of the action; ``(2) may select appropriate matters for action by the Office; ``(3) may-- ``(A) prescribe the methods by which complaints shall be made to, and received and addressed by, the Office; ``(B) determine the scope and manner of investigations made by the Office; and ``(C) determine the form, frequency, and distribution of conclusions and recommendations of the Office; ``(4) may request the Administrator to provide the Ombudsman notification, within a specified period of time, of any action taken on a recommendation of the Ombudsman; ``(5) may request, and shall be granted by any Federal agency or department, assistance and information that the Ombudsman determines to be necessary to carry out this section; ``(6) may examine any record of, and enter and inspect without notice any property under the administrative jurisdiction of-- ``(A) the Agency; or ``(B) any other Federal agency or department involved in a matter under the administrative jurisdiction of the Office of Solid Waste and Emergency Response of the Agency; ``(7) may-- ``(A) issue a subpoena to compel any person to appear to give sworn testimony concerning, or to produce documentary or other evidence determined by the Ombudsman to be reasonable in scope and relevant to, an investigation by the Office; and ``(B) seek enforcement of a subpoena issued under subparagraph (A) in a court of competent jurisdiction; ``(8) may carry out and participate in, and cooperate with any person or agency involved in, any conference, inquiry on the record, public hearing on the record, meeting, or study that, as determined by the Ombudsman-- ``(A) is material to an investigation conducted by the Ombudsman; or ``(B) may lead to an improvement in the performance of the functions of the Agency; ``(9) may administer oaths and hold hearings in connection with any matter under investigation by the Office; ``(10) may engage in alternative dispute resolution, mediation, or any other informal process that the Ombudsman determines to be appropriate to carry out this section; ``(11) may communicate with any person, including Members of Congress, the press, and any person that submits a complaint, grievance, or request for information under subsection (c)(1); and ``(12) shall administer a budget for the Office. ``(e) Administration.-- ``(1) In general.--The Ombudsman shall-- ``(A)(i) appoint a Deputy Ombudsman for each region of the Agency; and ``(ii) hire such other assistants and employees as the Ombudsman determines to be necessary to carry out this section; and ``(B) supervise, evaluate, and carry out personnel actions (including hiring and dismissal) with respect to any employee of the Office. ``(2) Delegation of authority.--The Ombudsman may delegate to other employees of the Office any responsibility of the Ombudsman under this section except-- ``(A) the power to delegate responsibility; ``(B) the power to issue subpoenas; and ``(C) the responsibility to make recommendations to the Administrator. ``(3) Contact information.--The Ombudsman shall maintain, in each region of the Agency, a telephone number, facsimile number, electronic mail address, and post office address for the Ombudsman that are different from the numbers and addresses of the regional office of the Agency located in that region. ``(4) Reports.--The Ombudsman-- ``(A) shall, at least annually, publish in the Federal Register and submit to the Administrator, the President, the Committee on Environment and Public Works of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report on the status of health and environmental concerns addressed in complaints and cases brought before the Ombudsman in the period of time covered by the report; ``(B) may issue reports, conclusions, or recommendations concerning any other matter under investigation by the Office; ``(C) shall solicit comments from the Agency concerning any matter under investigation by the Office; and ``(D) shall include any comments received by the Office in written reports, conclusions, and recommendations issued by the Office under this section. ``(f) Penalties.--An investigation conducted by the Ombudsman under this section constitutes-- ``(1) a matter under section 1001 of title 18, United States Code; and ``(2) a proceeding under section 1505 of title 18, United States Code. ``(g) Employee Protection.-- ``(1) In general.--No employer may discharge any employee, or otherwise discriminate against any employee with respect to compensation, terms, conditions, or privileges of employment of the employee, because the employee (or any person acting at the request of the employee) complied with any provision of this section. ``(2) Complaint.--Any employee that, in the opinion of the employee, is discharged or otherwise discriminated against by any person in violation of paragraph (1) may, not later than 180 days after the date on which the violation occurs, file a complaint in accordance with section 211 of the Energy Reorganization Act of 1974 (42 U.S.C. 5851). ``(h) Applicability.-- ``(1) In general.--This section-- ``(A) does not limit any remedy or right of appeal; and ``(B) may be carried out notwithstanding any provision of law to the contrary that provides that an agency action is final, not reviewable, or not subject to appeal. ``(2) Effect on procedures for grievances, appeals, or administrative matters.--The establishment of the Office does not affect any procedure concerning grievances, appeals, or administrative matters under this Act or any other law (including regulations). ``(i) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section-- ``(A) $3,000,000 for each of fiscal years 2003 and 2004; ``(B) $4,000,000 for each of fiscal years 2005 through 2008; and ``(C) $5,000,000 for each of fiscal years 2009 through 2012. ``(2) Separate line item.--In submitting the annual budget for the Federal Government to Congress, the President shall include a separate line item for the funding for the Office.''. Passed the Senate November 20 (legislative day November 19), 2002. Attest: JERI THOMSON, Secretary.

Ombudsman Reauthorization Act of 2002 - Amends the Solid Waste Disposal Act to revise provisions regarding the Ombudsman.Expands the duties of the Ombudsman to include assisting citizens in resolving problems relating to any program or requirement under this Act, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as well as any other program administered by the Environmental Protection Agency's (EPA) Office of Solid Waste and Emergency Response Requires the Ombudsman to conduct investigations, make findings of fact, and make nonbinding recommendations concerning such problems.Describes additional administrative and investigative powers of the Ombudsman. Requires the Ombudsman to appoint a Deputy for and maintain contact information in each region of the Agency. Requires annual reports on the status of health and environmental concerns addressed in complaints and cases brought before the Ombudsman.Provides criminal penalties for obstructing the proceedings of or making false or fraudulent statements to the Ombudsman. Protects employees who comply with this Act.Authorizes appropriations for the Ombudsman through FY 2012.

A bill to provide additional authority to the Office of Ombudsman of the Environmental Protection Agency.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Targeted Economic Development Block Grant Program Act of 1993''. SEC. 2. ESTABLISHMENT OF TARGETED ECONOMIC DEVELOPMENT BLOCK GRANT PROGRAM. Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) is amended by adding at the end the following new section: ``SEC. 122. TARGETED ECONOMIC DEVELOPMENT BLOCK GRANT PROGRAM. ``(a) Allocation.-- ``(1) In general.--From amounts appropriated under subsection (g), the Secretary of Housing and Urban Development shall allocate to each qualified city for a fiscal year the amount determined in accordance with the following formula: X A <3-ln (> ---- <3-ln )> U ``(2) Determination of eligibility.--A city is a qualified city if such city-- ``(A) is a metropolitan city; ``(B) is, for any fiscal year, eligible to receive an allocation of funds under section 106(a)(3); and ``(C) has a need adjusted per capita income factor (as determined under paragraph (7)) is equal to or less than 0.55. ``(3) Determination of term `a'.--For purposes of paragraph (1), the term `A' means the amount appropriated under subsection (g) for the fiscal year involved. ``(4) Determination of term `u'.--For purposes of paragraph (1), the term `U' means the sum of the respective terms `X' determined for the cities under paragraph (5). ``(5) Determination of term `x'.--For purposes of paragraph (1), the term `X' means the product of-- ``(A) the total population of the city involved, as determined by the Secretary using the most recent data that is available from the Secretary of Commerce pursuant to the decennial census and pursuant to reasonable estimates by such Secretary of changes occurring in the data in the ensuing period; ``(B) the need index of such city, as determined under paragraph (6); and ``(C) the need adjusted per capita income factor of such city, as determined under paragraph (7). ``(6) Determination of need index.-- ``(A) For purposes of paragraph (5)(B), the term `need index' means the number equal to the quotient of-- ``(i) the term `N', as determined under subparagraph (B); divided by ``(ii) the term `P', as determined under subparagraph (C). ``(B) For purposes of subparagraph (A)(i), the term `N' means the percentage constituted by the ratio of-- ``(i) the amount of funds allocated to the city in the current fiscal year under section 106(a)(3); to ``(ii) the sum of the amount of funds received by all eligible cities in the current fiscal year under section 106(a)(3). ``(C) For purposes of subparagraph (A)(ii), the term `P' means the percentage constituted by the ratio of-- ``(i) the amount equal to the total population of the city, as determined by the Secretary using the most recent data that is available from the Secretary of Commerce pursuant to the decennial census and pursuant to reasonable estimates by such Secretary of changes occurring in the data in the ensuing period; to ``(ii) the amount equal to the total population of all eligible cities in the current fiscal year. ``(D) For purposes of this paragraph, the term `eligible cities' means those cities which meet the requirements of subparagraphs (A) and (B) of paragraph (2). ``(7) Determination of need adjusted per capita income factor.-- ``(A) For purposes of paragraphs (2)(C) and (5)(C) (and subject to subparagraph (D)), the term `need adjusted per capita income factor' means the amount equal to the percentage determined for the city in accordance with the following formula: I 1-.15 <3-ln (> ---- <3-ln )> Q ``(B) For purposes of subparagraph (A), the term `I' means the per capita income of the city for the most recent year for which data is available, as determined by the Secretary of Commerce. ``(C) For purposes of subparagraph (A), the term `Q' means the product of-- ``(i) the need index of such city, as determined under paragraph (6); and ``(ii) the amount equal to the per capita income of the United States for the most recent year for which data is available, as determined by the Secretary of Commerce. ``(D) In the case of a city for which the quotient of the term `I' (as determined under subparagraph (B)) divided by the term `Q' (as determined under subparagraph (C)) is less than 0.2, then such quotient shall be deemed to be equal to 0.2 for such city for purposes of the formula under subparagraph (A). ``(b) Application.-- ``(1) In general.--The Secretary may not make a grant under subsection (a) in a fiscal year to a city unless the city submits to the Secretary an application in such form and containing such information as the Secretary may require, including the certifications required under paragraph (2). ``(2) Certifications.--Each application shall include certifications by the chief executive official of the city and the Governor of the State in which the city is located that-- ``(A) the city will use amounts from a grant received under subsection (a) only for the purpose of carrying out the eligible activities under subsection (e) and will not use amounts from such grant for any of the prohibited activities under subsection (f); ``(B) the city will provide matching amounts in accordance with the formula in subsection (c) for the purpose of carrying out such eligible activities; ``(C) the State in which the city is located will provide matching amounts to the city in accordance with the formula in subsection (d) for the purpose of carrying out such eligible activities; ``(D) the city will maintain all amounts received from a grant under subsection (a) and all matching amounts described in subparagraphs (B) and (C) in an account separate from the account in which the general funds of the city are maintained; ``(E) both the city and the State will maintain their aggregate expenditures from all other sources for such eligible activities at or above the average level of such expenditures in the 2 fiscal years preceding the date on which the city receives amounts from a grant under subsection (a); ``(F) the city will reserve not less than 5 percent of amounts received from a grant under subsection (a) to enter into contracts with minority-owned businesses for the purpose of carrying out such eligible activities; and ``(G) not later than 180 days after the date on which the city receives amounts from a grant under subsection (a), the city will submit to the Secretary a report containing a description of the use of amounts received from a grant under subsection (a) and an evaluation of the effectiveness of the grant program in the city, including the extent to which the taxable value of the local property tax base and related revenue sources allocated to the city's general fund have been increased. ``(3) Notification of disapproval.-- ``(A) In general.--The Secretary shall provide notification to a city of a proposed disapproval of such city's application not later than 20 days after the date on which the Secretary receives such application under paragraph (1). ``(B) Appeal.--A city may appeal the proposed disapproval of an application under subparagraph (A). Such appeal, including review by the Secretary, shall be completed not later than 45 days after the date on which the city provides notice to the Secretary of such appeal. ``(c) City Matching Funds.-- ``(1) In general.--Subject to paragraph (3), each city receiving amounts from a grant under subsection (a) shall provide amounts for each dollar allocated under such subsection at a rate in accordance with the following formula: I .15 <5-line (> ---- <5-ln )> Q ---------------- --------------------------------------------------------------------------- I 1-.15 <5-line (> ---- <5-ln )> Q ``(2) Determination of terms `i' and `q'.--For purposes of paragraph (1) (and subject to subsection (a)(7)(D)), the quotient of the term `I' divided by the term `Q' is equal to the term `I' determined under subsection (a)(7)(B) divided by the term `Q' determined under subsection (a)(7)(C). ``(3) Special rule.-- ``(A) In the case of a city for which the rate determined under paragraph (1) is less than 5 cents per dollar of amounts allocated under subsection (a), then such rate shall be deemed to be equal to 5 cents per dollar. ``(B) In the case of a city for which the rate determined under paragraph (1) is more than 25 cents per dollar of amounts allocated under subsection (a), then such rate shall be deemed to be equal to 25 cents per dollar. ``(d) State Matching Funds.-- ``(1) In general.--Each State in which a city receiving amounts from a grant under subsection (a) is located shall provide amounts for each dollar allocated under subsection (a) at a rate in accordance with the following formula: .15(R) ---------- 1-.15(R) ``(2) Determination of term `r'.--For purposes of paragraph (1) (and subject to paragraph (5)), the term `R' (referred to as the `State resource index') means the number equal to the quotient of-- ``(A) the term `F', as determined under paragraph (3); divided by ``(B) the term `V', as determined under paragraph (4). ``(3) Determination of term `f'.-- ``(A) For purposes of paragraph (2)(A), the term `F' means the amount equal to the amount determined in accordance with the following formula: Y ---- G ``(B) For purposes of subparagraph (A), the term `G' means the sum of the respective terms `Y' determined for the States under subparagraph (C). ``(C) For purposes of subparagraph (A), the term `Y' means the amount equal to the quotient of-- ``(i) an amount equal to the most recent 3- year average of the total taxable resources of the State, as determined by the Secretary of the Treasury; divided by ``(ii) the State cost index, as determined for such State under subparagraph (D). ``(D) For purposes of subparagraph (C)(ii), the term `State cost index' means the number equal to the number determined in accordance with the following formula: .5 + .5(W) ``(E) For purposes of subparagraph (D), the term `W' (referred to as the `State wage index') means the amount equal to the quotient of-- ``(i) an amount equal to the most recent 3- year average of the annual private industry wages per employee of the State, as determined by the Secretary of Labor; divided by ``(ii) an amount equal to the most recent 3-year average of the annual private industry wages per employee for the United States, as determined by the Secretary of Labor. ``(4) Determination of term `V'.--For purposes of paragraph (2)(B), the term `V' means the amount equal to the quotient of-- ``(A) the term `Z', which is equal to the total population of the State, as determined by the Secretary using the most recent data that is available from the Secretary of Commerce pursuant to the decennial census and pursuant to reasonable estimates by such Secretary of changes occurring in the data in the ensuing period; divided by ``(B) an amount equal to the sum of the respective terms `Z' determined for each of the States under subparagraph (A). ``(5) Special rule.--In the case of a State for which the rate determined under paragraph 1 is more than 25 cents per dollar of amounts allocated under subsection (a), then such rate shall be deemed to be equal to 25 cents per dollar. ``(e) Eligible Activities.--A city shall use amounts from a grant under subsection (a) only to-- ``(1) provide financial incentives for business creation, retention, and expansion in such city; ``(2) provide technical assistance to individuals seeking to establish small businesses in such city; and ``(3) make improvements to the infrastructure of such city, including-- ``(A) land clearing activities; ``(B) the establishment of access roads, parking lots, and industrial parks; ``(C) assistance to demolish or renovate abandoned buildings; ``(D) improvements to sewage treatment plants; and ``(E) environmental cleanup of contaminated sites with significant potential for economic development for commercial, residential, industrial, or recreational purposes. ``(f) Prohibited Activities.--A city may not use amounts from a grant under subsection (a) to-- ``(1) provide loans of any kind; ``(2) provide compensation to a city employee; ``(3) pay interest on a debt incurred by the city; ``(4) establish, promote, or retain a gambling activity; ``(5) repair, maintain, or construct residential housing; ``(6) provide transportation, meals, accommodations, petty cash, personal items, and entertainment expenses to any individual; and ``(7) provide for any other activity incompatible with the grant program established under this section, as determined by the Secretary. ``(g) Authorization of Appropriations.--There are authorized to be appropriated $2,500,000,000 for fiscal year 1994, $4,000,000,000 for fiscal year 1995, and $5,000,000,000 for each of the fiscal years 1996 through 1998, for the purpose of making allocations to eligible cities under subsection (a).''.

Targeted Economic Development Block Grant Program Act of 1993 - Amends the Housing and Community Development Act of 1974 to establish a targeted economic development block grant program for qualifying metropolitan cities. Authorizes appropriations.

Targeted Economic Development Block Grant Program Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving American Homeownership Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) High national, regional, or local foreclosure rates destabilize the economy, housing market, and neighborhoods of the United States. (2) Shared equity mortgage modifications can provide alternatives to foreclosures that benefit both underwater homeowners and mortgage investors. SEC. 3. SHARED EQUITY MORTGAGE MODIFICATION PILOT PROGRAMS. (a) Definitions.--In this section-- (1) the term ``covered mortgage'' means a mortgage-- (A) that is-- (i) purchased by, guaranteed by, or otherwise sold to the Federal National Mortgage Association, the Government National Mortgage Association, or the Federal Home Loan Mortgage Corporation; or (ii) insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.); (B) that is secured by real property that is the primary or secondary residence of a homeowner; (C) that is in an amount that is greater than the appraised value of the real property securing the mortgage on or about the date on which the homeowner is approved to participate in the pilot program under subsection (b); (D) with respect to which the homeowner-- (i) is not fewer than 60 days delinquent; or (ii) is at risk of imminent default; (E) of a homeowner who has a documented financial hardship that prevents or will prevent the homeowner from making mortgage payments; and (F) that may, at the discretion of the Director of the Federal Housing Finance Agency with respect to mortgage-backed securities or participation certificates issued by an enterprise or of the Secretary of Housing and Urban Development with respect to mortgage-backed securities issued by the Government National Mortgage Association, respectively, be made part of any security instrument that may combine or separate the mortgage note and equity position in the real property securing the mortgage; (2) the term ``equity value of the real property'' means with respect to a covered mortgage, the difference between the value of the real property securing the covered mortgage upon the time of sale (or refinance) and the initial principal obligation amount owed on the covered mortgage, less any transaction costs associated with the sale or refinancing, provided that if the equity value is negative at time of sale (or refinance), no payment is due the investor; (3) the term ``enterprise'' has the same meaning as in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502); (4) the term ``homeowner'' means the mortgagor under a covered mortgage; (5) the term ``investor'' means-- (A) the mortgagee under a covered mortgage; or (B) in the case of a covered mortgage that collateralizes an asset-backed security, as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)), the trustee for the asset-backed security; (6) the term ``pilot program'' means a pilot program established under subsection (b); and (7) the term ``shared equity mortgage modification'' means a modification of a covered mortgage in accordance with subsection (c). (b) Pilot Programs Established.--The Director of the Federal Housing Finance Agency and the Federal Housing Commissioner shall each establish a pilot program to encourage the use of shared equity mortgage modifications that are designed to return greater net present value to investors than other loss-mitigation activities, including foreclosure. (c) Shared Equity Mortgage Modification.--For purposes of the pilot program, a shared equity mortgage modification shall-- (1) reduce the loan-to-value ratio of a covered mortgage to 100 percent or less within 3 years, by reducing the difference between the initial original principal obligation amount owed on the covered mortgage and the reduced principal obligation amount determined by the targeted loan-to-value ratio set forth in this paragraph by \1/3\ at the end of each year for 3 years; (2) reduce the interest rate for a covered mortgage, if a reduction of principal under paragraph (1) would not result in a reduced monthly payment that is affordable to the homeowner; (3) reduce the amount of any periodic payment required to be made by the homeowner, so that the amount payable by the homeowner is equal to the amount that would be payable by the homeowner if, on the date on which the shared equity mortgage modification takes effect-- (A) all reductions of the amount of principal under paragraph (1) had been made; and (B) any reduction in the interest rate under paragraph (2) for which the covered mortgage is eligible had been made; (4) require the homeowner to pay to the investor upon refinancing or selling the real property securing a covered mortgage, a percentage (not to exceed 50 percent) of the equity value of such real property, provided that-- (A) the dollar amount due to the investor upon such sale or refinance shall not exceed an amount that is equal to twice the largest dollar amount of the principal reduction that the homeowner achieved as a result of the principal reduction under paragraph (1); (B) the cap established under subparagraph (A) shall on February 1 of the year following the year of enactment of this Act, and each February 1 thereafter, be adjusted for inflation, by multiplying the prior year's cap amount by the ratio of the annual average of the Consumer Price Index for All Urban Consumers (CPI- U), or a BLS-designated successor to CPI-U, for the prior calendar year to its annual average for the calendar year two years prior; and (C) the investor is permitted to structure the equity-sharing interest that the investor is entitled to receive under this paragraph to be transferrable, including by structuring such interest for future sale to other investors; (5) be designed to deliver maximal net present value to the investor, taking into account-- (A) the principal reduction under paragraph (1); (B) any interest rate reductions under paragraph (2); (C) expected reductions in foreclosure and in any other costs that might reduce net present value; and (D) the value of the equity sharing interest determined under paragraph (4); and (6) be based on factors including the percentage value of any principal reduction under paragraph (1), the amount of any such principal reduction, and any other factors as determined appropriate by the Director of the Federal Housing Finance Agency or the Federal Housing Commissioner, respectively. (d) Determination of Value of Home.-- (1) In general.--For purposes of this section, the value of real property securing a covered mortgage shall be determined by a licensed appraiser who is independent of and does not otherwise do business with the homeowner, servicer, investor, or an affiliate of the homeowner, servicer, or investor. (2) Time for determination.--The value of real property securing a covered mortgage shall be determined on a date that is as close as practicable to the date on which a homeowner begins to participate in a pilot program. (3) Cost.-- (A) Responsibility for cost.-- (i) Initial cost.--The investor shall pay the cost of an appraisal under paragraph (1). (ii) Deduction from homeowner share.--At the option of the investor, up to one-half of the cost of an appraisal under paragraph (1) may be added to the amount paid by the homeowner to the investor under subsection (c)(4). (B) Reasonableness of cost.--The cost of an appraisal under paragraph (1) shall be reasonable, as determined by the Director of the Federal Housing Finance Agency or the Federal Housing Commissioner, respectively. (4) Second appraisal.--At the time of refinancing or sale of real property securing a covered mortgage, the investor may request a second appraisal of the value of the real property, at the expense of the investor, by a licensed appraiser selected by the Director of the Federal Housing Finance Agency or the Federal Housing Commissioner, respectively, who is independent of and does not otherwise do business with the homeowner, servicer, investor, or an affiliate of the homeowner, servicer, or investor, if the investor believes that the sale price or claimed value at the time of the refinancing is not an accurate reflection of the fair market value of the real property. (e) Eligibility for Reduction of Principal.--Each pilot program shall provide that a homeowner is not eligible for a reduction in the amount of principal under a covered mortgage under a shared equity mortgage modification if, after the homeowner begins participating in the pilot program, the homeowner-- (1) is delinquent on more than 3 payments under the shared equity mortgage modification during any of the 3 successive 1- year periods beginning on the date on which the shared equity mortgage modification is made; and (2) fails to be current with all payments described in paragraph (1) before the end of each 1-year period described in paragraph (1). (f) Participation by Servicers.--The Director of the Federal Housing Finance Agency shall require each enterprise to require that any servicer of a covered mortgage in which the enterprise is an investor participate in the pilot program of the Federal Housing Finance Agency by offering shared equity mortgage modifications to a random and statistically significant sampling of homeowners with covered mortgages. (g) Studies and Reports.--The Director of the Federal Housing Finance Agency and the Federal Housing Commissioner shall-- (1) conduct annual studies of the pilot program of the Federal Housing Finance Agency and the Federal Housing Administration, respectively; (2) submit a report to Congress containing the results of each study at the end of each of the 3 successive 1-year periods beginning on the date on which the pilot program is established; and (3) make publicly available to the maximum extent possible, consistent with the protection of any personal information, and in a timely manner any data generated by the pilot program.

Preserving American Homeownership Act of 2014 - Requires the Director of the Federal Housing Finance Agency and the Federal Housing Commissioner each to establish a pilot program to encourage the use of shared equity mortgage modifications designed to return greater net present value to investors than other loss-mitigation activities, including foreclosure. Requires a shared equity mortgage modification to: reduce by specified action the loan-to-value ratio of a covered mortgage to 100% or less within 3 years; reduce the interest rate if such a reduction of principal would not result in an affordable reduced monthly payment; reduce to a specified amount any periodic payment the homeowner is required to make; require the homeowner to pay the investor, upon refinancing or selling the real property securing a covered mortgage, up to 50% of the amount of the equity value of the real property, subject to certain conditions; be designed to deliver maximal net present value to the investor; and be based on specified factors.

Preserving American Homeownership Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Defense Oil Equity Act of 2003''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Iraq has 112 billion barrels of proven oil reserves along with roughly 220 billion barrels of probable resources. Only Saudi Arabia's oil reserves are larger. By far, the majority of petroleum reserves (67%) are found in the Middle East. (2) The United States has 21 billion barrels of proven oil reserves, twelfth highest in the world. United States proven oil reserves have declined by almost 20% since 1990. (3) The United States consumes 25% of the world's oil supply, the largest share; yet it holds only 2.2 percent of the world's proven oil reserves. (4) Numerous foreign oil companies have preliminary contracts to spend billions of dollars developing Iraqi oil fields. These companies originate from Algeria, Australia, Britain, Canada, China, France, India, Indonesia, Italy, Japan, Malaysia, Netherlands, Russia, Spain, Turkey, and Vietnam. (5) According to several news accounts, the Administration is conferring with energy experts, industry executives, and Iraqi opposition leaders on how to revive and expand Iraq's oil fields after an invasion. (6) United States Special Forces have been on the ground inside Iraq since September of 2002 to monitor the oil fields and rigs. (7) During the first war in Iraq, oil prices rose to $41 per barrel, gasoline prices hit record levels, and oil companies made record profits. (8) According to Goldman Sachs, crude oil prices could reach $45 per barrel as a result of a war in Iraq. The price of oil has already increased $12 per barrel in the last year to $33 per barrel. SEC. 3. WINDFALL PROFITS TAX. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end thereof the following new chapter: ``CHAPTER 55--WINDFALL PROFIT ON CRUDE OIL AND PRODUCTS THEREOF ``Sec. 5886. Imposition of tax. ``SEC. 5886. IMPOSITION OF TAX. ``(a) In General.--In addition to any other tax imposed under this title, there is hereby imposed an excise tax on the sale in the United States of any crude oil or other taxable product a tax equal to the applicable percentage of the windfall profit on such sale. ``(b) Definitions.--For purposes of this section-- ``(1) Taxable product.--The term `taxable product' means any fuel which is a product of crude oil. ``(2) Windfall profit.--The term `windfall profit' means, with respect to any sale, so much of the profit on such sale as exceeds a reasonable profit. ``(3) Applicable percentage.--The term `applicable percentage' means-- ``(A) 50 percent to the extent that the profit on the sale exceeds 100 percent of the reasonable profit on the sale but does not exceed 102 percent of the reasonable profit on the sale, ``(B) 75 percent to the extent that the profit on the sale exceeds 102 percent of the reasonable profit on the sale but does not exceed 105 percent of the reasonable profit on the sale, and ``(C) 100 percent to the extent that the profit on the sale exceeds 105 percent of the reasonable profit on the sale. ``(4) Reasonable profit.--The term `reasonable profit' means the amount determined by the Reasonable Profits Board to be a reasonable profit on the sale. ``(c) Liability for Payment of Tax.--The taxes imposed by subsection (a) shall be paid by the seller. ``(d) Application of Section.--This section shall apply during the period beginning on the date of the enactment of this section and ending on the date that the President certifies to the Congress than no members of the Armed Forces of the United States are in Iraq.'' (b) Reasonable Profits Board.-- (1) Establishment.--There is established an independent board to be known as the ``Reasonable Profits Board'' (hereafter in this subsection referred to as the ``Board''). (2) Duties.--The Board shall make reasonable profit determinations for purposes of applying section 5886 of the Internal Revenue Code of 1986 (relating to windfall profit on crude oil, natural gas, and products thereof). (3) Advisory committee.--The Board shall be considered an advisory committee within the meaning of the Federal Advisory Committee Act (5 U.S.C. App.). (4) Appointment.-- (A) Members.--The Board shall be composed of 3 members appointed by the President of the United States. (B) Term.--Members of the Board shall be appointed for a term of 3 years. (C) Background.--The members shall have no financial interests in any of the businesses for which reasonable profits are determined by the Board. (5) Pay and travel expenses.-- (A) Pay.--Notwithstanding section 7 of the Federal Advisory Committee Act (5 U.S.C. App.), members of the Board shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay 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 Board. (B) Travel expenses.--Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with section 5702 and 5703 of title 5, United States Code. (6) Director of staff.-- (A) Qualifications.--The Board shall appoint a Director who has no financial interests in any of the businesses for which reasonable profits are determined by the Board. (B) Pay.--Notwithstanding section 7 of the Federal Advisory Committee Act (5 U.S.C. App.), the Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (7) Staff.-- (A) Additional personnel.--The Director, with the approval of the Board, may appoint and fix the pay of additional personnel. (B) Appointments.--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. (C) Detailees.--Upon the request of the Director, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Board to assist the Board in accordance with an agreement entered into with the Board. (D) Assistance.--The Comptroller General of the United States may provide assistance, including the detailing of employees, to the Board in accordance with an agreement entered into with the Board. (8) Other authority.-- (A) Experts and consultants.--The Board 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. (B) Leasing.--The Board may lease space and acquire personal property to the extent that funds are available. (9) Funding.--There are authorized to be appropriated such funds as are necessary to carry out this subsection. (c) Clerical Amendment.--The table of chapters for subtitle E of such Code is amended by adding at the end the following new item: ``Chapter 55. Windfall profit on crude oil and refined petroleum products.'' (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

National Defense Oil Equity Act of 2003 - Amends the Internal Revenue Code to impose an excise tax on the sale of any crude oil or product of crude oil a tax equal to the applicable percentage of the windfall profit on such sale. Defines windfall profit to mean so much of the profit on such sale as exceeds a reasonable profit. Establishes the Reasonable Profits Board to make reasonable profit determinations.

To amend the Internal Revenue Code of 1986 to impose a windfall profit tax on crude oil and products thereof.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Rights Act''. SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT. (a) Unfair Labor Practices.--Section 8(b)(1) of the National Labor Relations Act (29 U.S.C. 158(b)(1)) is amended by inserting ``interfere with'' before ``restrain'' (b) Representatives and Elections.--Section 9 of the National Labor Relations Act (29 U.S.C. 159) is amended-- (1) in subsection (a)-- (A) by striking ``designated or selected for the purposes of collective bargaining'' and inserting ``for the purposes of collective bargaining selected by secret ballot in an election conducted by the Board,''; and (B) by inserting before the period the following: ``: Provided further, That, for purposes of determining the majority of the employees in a secret ballot election in a unit, the term `majority' shall mean the majority of all the employees in the unit, and not the majority of employees voting in the election''; and (2) in subsection (e), by adding at the end the following: ``(3) Not later than 36 months after the initial certification of a labor organization as the exclusive representative of employees in an appropriate bargaining unit, and each 3-year period thereafter, a neutral, private organization chosen by agreement between the employer and the labor organization involved, after a notice period of not less than 35 days, shall conduct a secret ballot election among such employees to determine whether a majority desire to continue to be represented by such labor organization. The cost to the third party that is conducting the election shall be shared equally by the labor organization and the employer involved. The election shall be conducted without regard to the pendency of any unfair labor practice charge against the employer or the labor organization representative and the Board shall rule on any objections to the election pursuant to its established timeframes for resolving such matters. If a majority of the votes cast reject the continuing representation by the labor organization, the Board shall withdraw the labor organization's certification.'' (c) Fair Representation in Elections.--Section 9 of the National Labor Relations Act (29 U.S.C. 159) is amended-- (1) in subsection (b), by inserting ``prior to an election'' after ``in each case''; and (2) in subsection (c)-- (A) in the flush matter following paragraph (1)(B)-- (i) by inserting ``of 14 days in advance'' after ``appropriate hearing upon due notice''; (ii) by inserting ``, and a review of post- hearing appeals,'' after ``the record of such hearing''; and (iii) by adding at the end the following: ``No election shall be conducted less than 40 calendar days following the filing of an election petition. The employer shall provide the Board a list of employee names and home addresses of all eligible voters within 7 days following the Board's determination of the appropriate unit or following any agreement between the employer and the labor organization regarding the eligible voters.''; and (B) by adding at the end the following: ``(6)(A) No election shall take place after the filing of any petition unless and until-- ``(i) a hearing is conducted before a qualified hearing officer in accordance with due process on any and all material, factual issues regarding jurisdiction, statutory coverage, appropriate unit, unit inclusion or exclusion, or eligibility of individuals; and ``(ii) the issues are resolved by a Regional Director, subject to appeal and review, or by the Board. ``(B) No election results shall be final and no labor organization shall be certified as the bargaining representative of the employees in an appropriate unit unless and until the Board has ruled on-- ``(i) each pre-election issue not resolved before the election; and ``(ii) the Board conducts a hearing in accordance with due process and resolves each issue pertaining to the conduct or results of the election.'' (d) Penalties.--Section 10 of the National Labor Relations Act (29 U.S.C. 160) is amended by inserting after the second sentence following the second proviso, the following : ``Any labor organization found to have interfered with, restrained, or coerced employees in the exercise of their rights under section 7 to form or join a labor organization or to refrain therefrom, including the filing of a decertification petition, shall be liable for wages lost and union dues or fees collected unlawfully, if any, and an additional amount as liquidated damages. Any labor organization found to have interfered with, restrained, or coerced an employee in connection with the filing of a decertification petition shall be prohibited from filing objections to an election held pursuant to such petition.''. SEC. 3. AMENDMENTS TO THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959. (a) Definition.--Section 3(k) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 402(k)) is amended by striking ``ballot, voting machine, or otherwise, but'' and inserting ``paper ballot, voting machine, or electronic ballot cast in the privacy of a voting booth and''. (b) Rights of Members.--Section 101(a)(1) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 411(a)(1)) is amended by adding at the end the following ``Every employee in a bargaining unit represented by a labor organization, regardless of membership status in the labor organization, shall have the same right as members to vote by secret ballot regarding whether to ratify a collective bargaining agreement with, or to engage in, a strike or refusal to work of any kind against their employer.''. (c) Right Not To Subsidize Union Nonrepresentational Activities.-- Title I of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 411 et seq.) is amended by adding at the end the following: ``SEC. 106. RIGHT NOT TO SUBSIDIZE UNION NONREPRESENTATIONAL ACTIVITIES. ``No employee's union dues, fees, or assessments or other contributions shall be used or contributed to any person, organization, or entity for any purpose not directly germane to the labor organization's collective bargaining or contract administration functions unless the member, or nonmember required to make such payments as a condition of employment, authorizes such expenditure in writing, after a notice period of not less than 35 days. An initial authorization provided by an employee under the preceding sentence shall expire not later than 1 year after the date on which such authorization is signed by the employee. There shall be no automatic renewal of an authorization under this section.''. (d) Limitations.--Section 101(a) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 411(a)) is amended by adding at the end the following: ``(6) Limitation.--No strike shall commence without the consent of a majority of all employees affected, determined by a secret ballot vote conducted by a neutral, private organization chosen by agreement between the employer and the labor organization involved. In any case in which the employer involved has made an offer for a collective bargaining agreement, the employees involved shall be provided with an opportunity for a secret ballot vote on such offer prior to any vote relating to the commencement of a strike. The cost of any such election shall be borne by the labor organization.''. (e) Acts of Violence.--Section 610 of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 530) is amended-- (1) by striking ``It shall'' and inserting ``(a) It shall''; and (2) by adding at the end the following: ``(b) It shall be unlawful for any person, through the use of force or violence, or threat of the use of force or violence, to restrain, coerce, or intimidate, or attempt to restrain, coerce, or intimidate any person for the purpose of obtaining from any person any right to represent employees or any compensation or other term or condition of employment. Any person who willfully violates this subsection shall be fined not more than $100,000 or imprisoned for not more than 10 years, or both. ``(c) The lawfulness of a labor organization's objectives shall not remove or exempt from the definition of extortion conduct by the labor organization or its agents that otherwise constitutes extortion as defined by section 1951(b)(2) of title 18, United States Code, from the definition of extortion.''.

Employee Rights Act - Amends the National Labor Relations Act (NLRA) to make it an unlawful labor practice for a labor organization or its agents to interfere with the rights of employees to organize and select representation to collectively bargain. Adds a requirement that representatives be selected by secret ballot in an election conducted by the National Labor Relations Board (NLRB) by a majority of the employees in a unit. Defines "majority" for purposes of determining the majority of employees in an election to mean the majority of all employees in the unit, and not the majority of employees voting in the election. Requires a neutral, private organization, chosen by agreement between an employer and a labor organization that is the exclusive representative of employees in an appropriate bargaining unit, to conduct a secret ballot election by the employees, every three years after the labor organization's initial certification, to determine whether a majority desire to continue to be represented by that labor organization. Requires the NLRB to decide, before the election of a labor organization as the exclusive collective bargaining representative of all employees of an appropriate unit, whether such unit shall be the employer unit, craft unit, plant unit, or subdivision unit. Requires the NLRB to give 14 days advance notice before a hearing when it is investigating an election petition if it has reasonable cause to believe that a question of representation affecting commerce exists. Revises the requirement that the NLRB direct an election by secret ballot, and certify its results, whenever it finds upon the record of such a hearing that a question of representation exists. Adds a requirement that the NLRB also review all post-hearing appeals before finding that such a question exists. Prohibits an election less than 40 calendar days following the filing of an election petition. Requires an employer to provide the NLRB a list of employee names and home addresses of all eligible voters within 7 days after an NLRB determination of the appropriate unit or following any agreement between the employer and the labor organization regarding eligible voters. Prohibits an election after the filing of a petition unless and until: (1) a hearing is conducted before a qualified hearing officer on any and all material, factual issues regarding jurisdiction, statutory coverage, appropriate unit, unit inclusion or exclusion, or eligibility of individuals; and (2) the issues are resolved by a regional Director, subject to appeal and review, or by the NLRB. Declares that election results shall not be final nor any labor organization be certified as a bargaining representative unless the NLRB has ruled on: (1) each pre-election issue not resolved before the election; and (2) the NLRB conducts a hearing and resolves each issue pertaining to the conduct or results of the election. Makes any labor organization found to have interfered with, restrained, or coerced employees in the exercise of their rights to form or join a labor organization or to refrain from forming or joining (including the filing of a decertification petition) liable for lost wages and unlawfully collected union dues and fees, if any, and an additional amount as liquated damages. Amends the Labor-Management Reporting and Disclosure Act of 1959 (Landrum-Griffin Act) to permit an election by secret ballot to be conducted through votes cast by electronic ballot cast in the privacy of a voting booth. Requires every employee in a bargaining unit represented by a labor organization, regardless of membership status, to have the same right as members to vote by secret ballot to ratify a collective bargaining agreement with, or to engage in, a strike or refusal to work of any kind against their employer. Prohibits the use of an employee's union dues for any purpose not directly related to the labor organization's collective bargaining, unless that employee authorizes such expenditure in writing. Prohibits a strike without the consent of a majority of all employees affected, determined by a secret ballot vote conducted by a neutral, private organization chosen by agreement between the employer and the labor organization. Makes it unlawful for a person to use force or violence, or threaten the use of force or violence, to restrain, coerce, or intimidate a person, or attempt to, in order to obtain from any person any right to represent employees, compensation, or other term or condition of employment. Subjects persons who willfully violate such prohibitions to both civil and criminal penalties.

A bill to provide protections from workers with respect to their right to select or refrain from selecting representation by a labor organization.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mississippi River Navigation Sustainment Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Mississippi River is the largest, most famous river in the United States and a vital natural resource; (2) the Mississippi River Basin is the third largest watershed in the world, covering more than 1,000,000 square miles and approximately 40 percent of the continental United States; (3) the rivers, tributaries, and reservoirs that make up the Mississippi River Basin operate naturally as a system and any attempt to operate projects within the Mississippi River Basin by mankind should take this fact into consideration; (4) the Mississippi River is the backbone of the inland waterway system of the United States and a crucial artery for the movement of goods; (5) each year millions of tons of commodities, including grain, coal, petroleum, and chemicals, representing billions of dollars are transported on the Mississippi River by barge; (6) the Mississippi River is home to some of the busiest commercial ports in the United States, including the Port of New Orleans and the Port of St. Louis; (7) safe and reliable navigation of the Mississippi River is vital to the national economy; (8) extreme weather events pose challenges to navigation and life along the Mississippi River and are likely to become more severe and more frequent in the coming years, as evidenced by the devastating floods along the Mississippi River in 2011 and the near historic low water levels seen on the same stretch of the Mississippi River in the winter of 2012-2013; (9) the American Waterways Operators and the Waterways Council, Incorporated have estimated that a disruption of navigation on the Mississippi River due to low water levels between December 2012 and January 2013 would have negatively impacted 20,000 jobs and $7,000,000,000 in cargo; (10) the Regulating Works Program of the St. Louis District of the Corps of Engineers is critical to maintaining navigation on the middle Mississippi River during extreme weather events and should receive continued Federal financial assistance and support; and (11) the Federal Government, commercial users, and others have a shared responsibility to take steps to maintain the critical flow of goods on the Mississippi River during extreme weather events. SEC. 3. DEFINITIONS. (a) Extreme Weather.--The term ``extreme weather'' means-- (1) severe flooding and drought conditions that lead to above or below average water levels; or (2) other severe weather events that threaten personal safety, property, and navigation on the inland waterways of the United States. (b) Greater Mississippi River Basin.--The term ``greater Mississippi River Basin'' means the area covered by hydrologic units 5, 6, 7, 8, 10, and 11, as identified by the United States Geological Survey as of the date of enactment of this Act. (c) Lower Mississippi River.--The term ``lower Mississippi River'' means the portion of the Mississippi River that begins at the confluence of the Ohio River and flows to the Gulf of Mexico. (d) Middle Mississippi River.--The term ``middle Mississippi River'' means the portion of the Mississippi River that begins at the confluence of the Missouri River and flows to the lower Mississippi River. (e) Secretary.--The term ``Secretary'' means the Secretary of the Army, acting through the Chief of Engineers. SEC. 4. GREATER MISSISSIPPI RIVER BASIN EXTREME WEATHER MANAGEMENT STUDY. (a) In General.--The Secretary shall carry out a study of the Mississippi River Basin-- (1) to improve the coordinated and comprehensive management of water resource projects in the greater Mississippi River Basin relating to extreme weather conditions; and (2) to evaluate the feasibility of any modifications to those water resource projects and develop new water resource projects to improve the reliability of navigation and more effectively reduce flood risk. (b) Contents.--The study shall-- (1) identify any Federal actions necessary to prevent and mitigate the impacts of extreme weather, including changes to authorized channel dimensions, operational procedures of locks and dams, and reservoir management within the Mississippi River Basin; (2) evaluate the effect on navigation and flood risk management to the Mississippi River of all upstream rivers and tributaries, especially the confluence of the Illinois River, Missouri River, and Ohio River; (3) identify and make recommendations to remedy challenges to the Corps of Engineers presented by extreme weather, including river access, in carrying out its mission to maintain safe, reliable navigation; and (4) identify and locate natural or other potential impediments to maintaining navigation on the middle and lower Mississippi River during periods of low water, including existing industrial pipeline crossings. (c) Consultation and Use of Existing Data.--In carrying out the study, the Secretary shall-- (1) consult with appropriate committees of Congress, Federal, State, tribal, and local agencies, environmental interests, river navigation industry representatives, other shipping and business interests, organized labor, and nongovernmental organizations; (2) to the maximum extent practicable, use data in existence on the date of enactment of this Act; and (3) incorporate lessons learned and best practices developed as a result of past extreme weather events, including major floods and the successful effort to maintain navigation during the near historic low water levels on the Mississippi River during the winter of 2012-2013. (d) Cost-Sharing.--The Federal share of the cost of carrying out the study under this section shall be 100 percent. (e) Report.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the study carried out under this section. SEC. 5. MISSISSIPPI RIVER FORECASTING IMPROVEMENTS. (a) In General.--The Secretary, in consultation with the Secretary of the department in which the Coast Guard is operating, the Director of the United States Geological Survey, the Administrator of the National Oceanic and Atmospheric Administration, and the Director of the National Weather Service, as applicable, shall improve forecasting on the Mississippi River by-- (1) updating forecasting technology deployed on the Mississippi River and its tributaries through-- (A) the construction of additional automated river gages; (B) the rehabilitation of existing automated and manual river gages; and (C) the replacement of manual river gages with automated gages, as the Secretary determines to be necessary; (2) constructing additional sedimentation ranges on the Mississippi River and its tributaries; and (3) deploying additional automatic identification system base stations at river gage sites. (b) Prioritization.--In carrying out this section, the Secretary shall prioritize the sections of the Mississippi River on which additional and more reliable information would have the greatest impact on maintaining navigation on the Mississippi River. (c) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report on the activities carried out by the Secretary under this section. SEC. 6. CORPS OF ENGINEERS FLEXIBILITY IN MAINTAINING NAVIGATION. (a) In General.--If the Secretary determines it to be critical to maintaining safe and reliable navigation, the Secretary-- (1) in consultation with the department in which the Coast Guard is operating, may construct ingress and egress paths to docks, loading facilities, fleeting areas, and other critical locations outside of the authorized navigation channel on the Mississippi River; and (2) operate and maintain, through dredging and construction of river training structures, ingress and egress paths to loading docks and fleeting areas outside of the authorized navigation channel on the Mississippi River. (b) Mitigation.--The Secretary may mitigate through dredging any incidental impacts to loading or fleeting areas outside of the authorized navigation channel on the Mississippi River that result from operation and maintenance of the authorized channel. SEC. 7. MIDDLE MISSISSIPPI RIVER ENVIRONMENTAL PILOT PROGRAM. (a) In General.--In accordance with the project for navigation, Mississippi River between the Ohio and Missouri Rivers (Regulating Works), Missouri and Illinois, authorized by the Act of June 25, 1910 (36 Stat. 631, chapter 382) (commonly known as the ``River and Harbor Act of 1910''), the Act of January 1, 1927 (44 Stat. 1010, chapter 47) (commonly known as the ``River and Harbor Act of 1927''), and the Act of July 3, 1930 (46 Stat. 918, chapter 847), the Secretary shall carry out for a period of not less than 10 years, a pilot program to restore and protect fish and wildlife habitat in the middle Mississippi River. (b) Authorized Activities.-- (1) In general.--As part of the pilot program carried out under subsection (a), the Secretary shall conduct any activities that are necessary to improve navigation through the project while restoring and protecting fish and wildlife habitat in the middle Mississippi River. (2) Inclusions.--Activities authorized under paragraph (1) shall include-- (A) the modification of navigation training structures; (B) the modification and creation of side channels; (C) the modification and creation of islands; (D) any studies and analyses necessary to develop adaptive management principles; and (E) the acquisition from willing sellers of any land associated with a riparian corridor needed to carry out the goals of the pilot program. (c) Cost-Sharing Requirement.--The cost-sharing requirements under the provisions of law described in subsection (a) for the project described in that subsection shall apply to any activities carried out under this section. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as are necessary.

Mississippi River Navigation Sustainment Act - Directs the Chief of Engineers to carry out a study of the Mississippi River Basin to: (1) improve the coordinated and comprehensive management of water resource projects in the greater Mississippi River Basin relating to extreme weather conditions, and (2) evaluate the feasibility of modifications to those projects and develop new projects to improve the reliability of navigation and more effectively reduce flood risk. Directs the Chief to improve forecasting on the Mississippi River by: (1) updating forecasting technology deployed on the River and its tributaries, (2) constructing additional sedimentation ranges on the River and tributaries, and (3) deploying additional automatic identification system base stations at river gage sites. Requires the Chief to prioritize the sections of the River on which additional and more reliable information would have the greatest impact on maintaining navigation. Authorizes the Chief to: (1) construct, operate, and maintain ingress and egress paths to docks, loading facilities, fleeting areas, and other critical locations outside of the authorized navigation channel on the Mississippi River upon determining such actions to be critical to maintaining safe and reliable navigation; and (2) mitigate, through dredging, any incidental impacts to loading or fleeting areas outside of such channel that result from operation and maintenance of the channel. Directs the Chief: (1) in accordance with the project for navigation, Mississippi River between the Ohio and Missouri Rivers (Regulating Works), Missouri and Illinois, to carry out a 10-year pilot program to restore and protect fish and wildlife habitat in the middle Mississippi River; and (2) as part of such program, to conduct activities necessary to improve navigation through such project while restoring and protecting fish and wildlife habitat.

Mississippi River Navigation Sustainment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Emergency Room Relief Act of 2017''. SEC. 2. COVERAGE OF URGENT CARE AND EMERGENCY ROOM TREATMENT OF VETERANS BY THE DEPARTMENT OF VETERANS AFFAIRS. (a) Payment of Reasonable Costs of Urgent Care.-- (1) In general.--Subchapter III of chapter 17 of title 38, United States Code, is amended by inserting after section 1725 the following new section: ``Sec. 1725A. Payment of reasonable costs of urgent care ``(a) In General.--The Secretary shall enter into contracts with urgent care providers under which the Secretary pays the urgent care provider the reasonable costs of urgent care provided to eligible veterans by the urgent care provider. ``(b) Eligible Veterans.--A veteran is an eligible veteran for purposes of this section if the veteran-- ``(1) is enrolled in the system of annual patient enrollment established and operated under section 1705(a) of this title; and ``(2) has received health care under this chapter during the two-year period preceding the date on which the veteran receives urgent care under this section. ``(c) Cost Sharing.--(1) Except as provided in paragraph (2), the Secretary shall establish a cost-sharing amount that eligible veterans shall pay to the Secretary to receive urgent care from an urgent care provider under this section. ``(2) The cost-sharing amount established under paragraph (1) shall not apply to an eligible veteran-- ``(A) if the eligible veteran is admitted to a hospital for treatment or observation after receiving urgent care under this section; or ``(B) if the eligible veteran is receiving urgent care under this section for the treatment of a service-connected disability or condition. ``(d) Treatment of Department.--Notwithstanding the coverage of an eligible veteran under a health-plan contract, the Secretary shall be considered the primary payer for any urgent care provided to the eligible veteran under this section. ``(e) Types of Providers.--The Secretary shall ensure that all types of urgent care providers, including local urgent care providers, have an opportunity to enter into a contract with the Secretary under this section. ``(f) Definitions.--In this section: ``(1) The term `health-plan contract' has the meaning given that term in section 1725(f) of this title. ``(2) The term `urgent care' has the meaning given that term by the Secretary. ``(3) The term `urgent care provider' means a health care provider that provides urgent care at a non-Department facility.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1725 the following new item: ``1725A. Payment of reasonable costs of urgent care.''. (3) Sense of congress.--It is the sense of Congress that the Secretary of Veterans Affairs is encouraged to contract with urgent care centers that are accredited by a nationally recognized accrediting body or organization to carry out section 1725A of title 38, United States Code, as added by paragraph (1). (b) Establishment of Cost-Sharing Amount for Veterans Receiving Emergency Room Care From Department.-- (1) In general.--Except as provided in paragraph (2), the Secretary of Veterans Affairs shall establish a cost-sharing amount that veterans shall pay to the Secretary to receive care at an emergency room of the Department of Veterans Affairs. (2) Exception.--The cost-sharing amount established under paragraph (1) shall not apply to a veteran if the veteran-- (A) receives care for a service-connected (as defined in section 101 of title 38, United States Code) disability or condition; (B) meets a hardship exception established by the Secretary for purposes of this subsection; or (C) is admitted to a hospital for treatment or observation after receiving care at an emergency room of the Department. (c) Limitation on Cost-Sharing Amounts.--The Secretary of Veterans Affairs may not require a veteran to pay multiple cost-sharing amounts if the veteran seeks urgent care under section 1725A of title 38, United States Code, as added by subsection (a)(1), and care at an emergency room of the Department of Veterans Affairs for the same condition during a period determined by the Secretary for purposes of this subsection. (d) Report on Use by Veterans of Urgent and Emergency Room Care.-- Not later than two years after the date of the enactment of this Act, and not less frequently than once every two years thereafter, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the use by veterans eligible for health care under the laws administered by the Secretary of-- (1) urgent care facilities; and (2) emergency room facilities of the Department of Veterans Affairs.

Veterans Emergency Room Relief Act of 2017 This bill directs the Department of Veterans Affairs (VA) to enter into contracts under which the VA pays health care providers the reasonable costs of urgent care provided to eligible veterans at non-VA facilities. An "eligible veteran" is one who: (1) is enrolled in the VA health care system, and (2) has received health care through the VA during the two years preceding the date on which the veteran receives urgent care. The VA shall establish a cost-sharing amount that a veteran shall pay to the VA to receive such urgent care. Such amount shall not apply to a veteran who: (1) is admitted to a hospital for treatment or observation after receiving urgent care, or (2) is receiving urgent care for the treatment of a service-connected disability or condition. The VA shall: (1) be considered the primary payer for the urgent care provided, and (2) ensure that all types of urgent care providers have an opportunity to enter into such a contract. The VA also shall establish a cost-sharing amount that veterans shall pay to receive care at a VA emergency room. Such amount shall not apply to a veteran who: (1) is receiving care for a service-connected disability or condition, (2) meets a hardship exception, or (3) is admitted to a hospital for treatment or observation after receiving care at a VA emergency room. The VA may not require a veteran to pay multiple cost-sharing amounts if the veteran seeks urgent care under this bill and care at a VA emergency room for the same condition during a period determined by the VA. The VA shall report every two years on the use by veterans of urgent care facilities and of VA emergency room facilities.

Veterans Emergency Room Relief Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Low-Income Rate Payer Disaster Recovery Act of 2008''. SEC. 2. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES OF ELECTRIC UTILITY COMPANIES SERVING LOW-INCOME HOUSEHOLDS. (a) Conditions for Contributions.--Section 406(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(a)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A) by striking ``and'' at the end; (B) in subparagraph (B) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) subject to paragraph (4), to an owner or operator of a private or investor-owned electric utility company serving low-income households for the repair, restoration, reconstruction, or replacement of facilities of the owner or operator damaged or destroyed by a major disaster and for associated expenses incurred by the owner or operator.''; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: ``(4) Conditions for assistance to private or investor- owned electric utility companies serving low-income households.-- ``(A) In general.--The President may make contributions to the owner or operator of a private or investor-owned electric utility company serving low- income households under paragraph (1)(C) only if-- ``(i) the costs of repairing, restoring, reconstructing, or replacing its facilities damaged or destroyed by the major disaster; exceed ``(ii) the amount that is-- ``(I) 10 percent of the facilities' total transmission and distribution rate base; less ``(II)(aa) in the case of a single major disaster, accumulated depreciation on the date of the disaster; or ``(bb) in the case of an aggregation under subparagraph (B), accumulated depreciation on the date of the first major disaster included in such aggregation. ``(B) Aggregation for purposes of determining costs.--For purposes of determining under this paragraph the costs of repairing, restoring, or replacing the facilities of an owner or operator, the costs of damage from all previous major disasters during the 12-month period preceding the date of the declaration of the major disaster for which the owner or operator is seeking contributions under paragraph (1)(C) shall be aggregated. ``(C) Application deadline.--An owner or operator may apply for contributions under paragraph (1)(C)-- ``(i) in the case of a single major disaster, not later than 60 months after the date of the declaration of the disaster; or ``(ii) in the case of an aggregation under subparagraph (B), not later than 60 months after the date of the most recent major disaster for which the owner or operator is seeking contributions. ``(D) Available funding.--Subject to subparagraph (E), an owner or operator may apply for contributions under paragraph (1)(C) in the amount determined by multiplying-- ``(i) the amount by which the costs described in subparagraph (A)(i) attributable to the owner or operator exceed the amount described in subparagraph (A)(ii) attributable to the owner or operator; by ``(ii) the percent of retail residential customers comprised of low-income households served by the facilities of the owner or operator. ``(E) Limit on federal assistance for disaster relief.-- ``(i) In general.--The total amount of contributions made to an owner or operator under paragraph (1)(C) may not exceed $50,000,000 in any 12-month period. ``(ii) Presidential waiver.--For any major disaster occurring after the date of enactment of this clause, the President may waive the limit established by clause (i) if the President determines that the event is of an extraordinary nature; except that in no case may the total amount of contributions made to an owner or operator under paragraph (1)(C) exceed 100 percent of the cost of repair, restoration, reconstruction, or replacement of the damaged facilities of the owner or operator. ``(F) Approval or disapproval of applications.--The President shall approve or disapprove an application for contributions submitted by an owner or operator for contributions under paragraph (1)(C) not later than 30 days after the date of receipt of the application.''. (b) Federal Share.--Section 406(b)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(b)(2)) is amended by striking ``public facility or private nonprofit facility'' and inserting ``public facility, private nonprofit facility, or private or investor-owned electric utility company serving low-income households''. (c) Large In-Lieu Contributions.--Section 406(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(c)) is amended by adding at the end the following: ``(3) For private or investor-owned electric utility companies serving low-income households.-- ``(A) In general.--In any case in which the owner or operator of a private or investor-owned electric utility company serving low-income households determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing the facility, the owner or operator may elect to receive, in lieu of a contribution under subsection (a)(1)(C), a contribution in an amount equal to 75 percent of the available funding pursuant to subsection (a)(4)(D) or (a)(4)(E). ``(B) Use of funds.--Funds contributed to an owner or operator under this paragraph may be used by the owner or operator to-- ``(i) repair, restore, or improve other private or investor-owned power facilities; ``(ii) construct a new private or investor- owned power facility; or ``(iii) fund hazard mitigation measures that the owner or operator determines to be necessary to meet a need for the services and functions of the owner or operator in the area affected by the major disaster.''. (d) Eligible Cost.--Section 406(e)(1)(A) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(e)(1)(A)) is amended by striking ``public facility or private nonprofit facility'' and inserting ``public facility, private nonprofit facility, or private or investor-owned electric utility company serving low- income households''. (e) Definitions.--Section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) is amended by adding at the end the following: ``(f) Definitions.--In this section, the following definitions apply: ``(1) Private or investor-owned electric utility company serving low-income households.--The term `private or investor- owned electric utility company serving low-income households' means a privately-owned or investor-owned electric utility company in which no less than 25 percent of its retail residential customers are low-income households. ``(2) Company.--The term `company' means a corporation, partnership, association, or joint stock company. ``(3) Electric utility company.--The term `electric utility company' means any company that owns, operates, or leases facilities used for transmission or distribution of electric energy for sale. ``(4) Low-income household.--The term `low-income household' means a household with a total annual household income that does not exceed the greater of-- ``(A) an amount equal to 150 percent of the poverty level of a State; or ``(B) an amount equal to 60 percent of the State median income. ``(5) Poverty level.--The term `poverty level' has the meaning given the term in section 2603 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622). ``(6) State median income.--The term `State median income' has the meaning given the term in section 2603 of the Low- Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622).''. SEC. 3. REGULATIONS. Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security in consultation with the Chairman of the Federal Energy Regulatory Commission shall promulgate regulations necessary to implement this Act and the amendments made by this Act. SEC. 4. APPLICABILITY. This Act and the amendments made by this Act shall apply to a major disaster occurring after the date of enactment of this Act.

Low-Income Rate Payer Disaster Recovery Act of 2008 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to make contributions to the owner or operator of a private or investor-owned electric utility company serving low-income households for facilities damaged or destroyed by a major disaster only if the costs of repairing, restoring, reconstructing, or replacing such facilities exceed 10% of the facilities' total transmission and distribution rate base minus: (1) accumulated depreciation on the date of the disaster in the case of a single major disaster; or (2) accumulated depreciation on the date of the first major disaster in the case of an aggregation of major disasters during the preceding 12 months. Sets forth application deadlines. Prohibits the total amount of contributions made to an owner or operator from exceeding $50 million in any 12-month period. Authorizes the President, for any major disaster occurring after enactment of this Act, to waive the limit upon determining that the event is of an extraordinary nature. Requires the President to approve or disapprove applications within 30 days after receipt. Allows an owner or operator who determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing a facility to elect to receive, in lieu of the cost-based contribution, 75% of the funding that would have been available.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide for disaster assistance for electric utility companies serving low-income households, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children and Media Research Advancement Act'' or the ``CAMRA Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Congress recognized the important role of electronic media in children's lives when it passed the Children's Television Act of 1990 (Public Law 101-437) and the Telecommunications Act of 1996 (Public Law 104-104), both of which documented public concerns about how electronic media products influence children's development. (2) Congress has held hearings over the past several decades to examine the impact of specific types of media products such as violent television, movies, and video games on children's and adolescents' health and development. These hearings and other public discussions about the role of media in children's and adolescents' development require behavioral and social science research to inform the policy deliberations. (3) There are important gaps in our knowledge about the role of electronic media and in particular, the newer interactive digital media, in children's and adolescents' healthy development. The consequences of very early screen usage by babies and toddlers on children's cognitive growth are not yet understood, nor has a research base been established on the psychological consequences of high definition interactive media and other format differences for child and adolescent viewers. (4) Studies have shown that children who primarily watch educational shows on television during their preschool years are significantly more successful in school 10 years later even when critical contributors to the child's environment are factored in, including their household income, parent's education, and intelligence. (5) The early stages of childhood are a critical formative period for development. Virtually every aspect of human development is affected by the environments and experiences that one encounters during his or her early childhood years, and media exposure is an increasing part of every child's social and physical environment. (6) As of the late 1990's, just before the National Institute of Child Health and Human Development funded 5 studies on the role of sexual messages in the media on children's and adolescents' sexual attitudes and sexual practices, a review of research in this area found only 15 studies ever conducted in the United States on this topic, even during a time of growing concerns about HIV infection. (7) In 2001, a National Academy of Sciences study group charged with studying Internet pornography exposure on youth found virtually no literature about how much children and adolescents were exposed to Internet pornography or how such content impacts their development. (8) In order to develop strategies that maximize the positive and minimize the negative effects of each medium on children's physical, cognitive, social, and emotional development, it would be beneficial to develop a research program that can track the media habits of young children and their families over time using valid and reliable research methods. (9) Research about the impact of the media on children and adolescents is not presently supported through one primary programmatic effort. The responsibility for directing the research is distributed across disparate agencies in an uncoordinated fashion, or is overlooked entirely. The lack of any centralized organization for research minimizes the value of the knowledge produced by individual studies. A more productive approach for generating valuable findings about the impact of the media on children and adolescents would be to establish a single, well-coordinated research effort with primary responsibility for directing the research agenda. (10) Due to the paucity of research about electronic media, educators and others interested in implementing electronic media literacy initiatives do not have the evidence needed to design, implement, or assess the value of these efforts. (b) Purpose.--It is the purpose of this Act to enable the Centers for Disease Control and Prevention to-- (1) examine the role and impact of electronic media in children's and adolescents' cognitive, social, emotional, physical, and behavioral development; and (2) provide for a report to Congress containing the empirical evidence and other results produced by the research funded through grants under this Act. SEC. 3. RESEARCH ON THE ROLE AND IMPACT OF ELECTRONIC MEDIA IN THE DEVELOPMENT OF CHILDREN AND ADOLESCENTS. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317S the following: ``SEC. 317T. RESEARCH ON THE ROLE AND IMPACT OF ELECTRONIC MEDIA IN THE DEVELOPMENT OF CHILDREN AND ADOLESCENTS. ``(a) In General.--Not later than 6 months after the date of the enactment of this section, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall enter into appropriate arrangements with the National Academy of Sciences in collaboration with the Institute of Medicine to establish an independent panel of experts (in this section referred to as the `panel') to review, synthesize, and report on research, theory, and applications in the social, behavioral, and biological sciences and to establish research priorities regarding the positive and negative impact of the content and use of electronic media, including television, motion pictures, DVD's, interactive video games, and the Internet, on youth in the following core areas of child and adolescent development: ``(1) Cognitive.--The role and impact of media use and exposure in the development of children and adolescents within such cognitive areas as language development, attention span, problem solving skills (such as the ability to conduct multiple tasks or `multitask'), visual and spatial skills, reading, and other learning abilities. ``(2) Physical.--The role and impact of media use and exposure on children's and adolescents' physical coordination, diet, exercise, sleeping and eating routines, and other areas of physical development. ``(3) Socio-behavioral.--The influence of interactive media on children's and adolescents' family activities and peer relationships, including indoor and outdoor play time, interaction with parents, consumption habits, social relationships, aggression, prosocial behavior, and other patterns of development. ``(b) Pilot Projects.--Upon the enactment of this section and prior to the report deadline established by subsection (f)(1), the Secretary shall initiate and support pilot projects to supplement and inform the panel in its work. Such pilot projects shall consider the role of media exposure on-- ``(1) cognitive and social development during infancy and early childhood; and ``(2) the development of childhood and adolescent obesity, particularly as a function of media advertising and sedentary lifestyles that may co-occur with heavy media diets. ``(c) Research Program.--Upon completion of the review under subsection (a), the Secretary shall conduct or support additional research determined to be necessary by the panel concerning the role and impact of electronic media in the cognitive, physical, and socio- behavioral development of children and adolescents with a particular focus on the impact of factors such as media content, format, length of exposure, the age of the child or adolescent, and the nature of parental involvement. Such program shall include extramural and intramural research and shall support collaborative efforts to link such research to other Department of Health and Human Services research investigations on early child health and development. ``(d) Eligible Entities.--To be eligible to receive a grant under subsection (b) or (c), an entity shall-- ``(1) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and ``(2) agree to use amounts received under the grant to carry out activities that establish or implement a research program relating to the effects of media on children and adolescents pursuant to such guidelines as the Secretary may require relating to consultations with experts in the area of study. ``(e) Use of Funds Relating to the Media's Role in the Life of a Child or Adolescent.--An entity shall use amounts received under a grant under subsection (c) to conduct research concerning the social, cognitive, emotional, physical, and behavioral development of children or adolescents as related to electronic mass media, including the areas of-- ``(1) television; ``(2) motion pictures; ``(3) DVD's; ``(4) interactive video games; ``(5) the Internet; ``(6) cell phones; and ``(7) any other electronic mass media, including portable wireless communications devices and personal digital assistants, used to deliver media directly to children and adolescents. ``(f) Reports.-- ``(1) Report to director.--Not later than 12 months after the date of the establishment of the panel pursuant to subsection (a), the panel shall submit the report required under such subsection to the Secretary. ``(2) Report to congress.--Not later than December 31, 2011, the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- ``(A) summarizes the empirical evidence and other results produced by the research under this section in a manner that can be understood by the general public; ``(B) places the evidence in context with other evidence and knowledge generated by the scientific community that address the same or related topics; and ``(C) discusses the implications of the collective body of scientific evidence and knowledge regarding the role and impact of the media on children and adolescents, and makes recommendations on how scientific evidence and knowledge may be used to improve the healthy developmental and learning capacities of children and adolescents. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $10,000,000 for fiscal year 2006; ``(2) $15,000,000 for fiscal year 2007; ``(3) $15,000,000 for fiscal year 2008; ``(4) $25,000,000 for fiscal year 2009; and ``(5) $25,000,000 for fiscal year 2010.''.

Children and Media Research Advancement Act or the CAMRA Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to establish an independent panel of experts to: (1) review, synthesize, and report on research, theory, and applications in the social, behavioral, and biological sciences regarding the impact of the content and use of electronic media on youth in certain core areas of child and adolescent development; and (2) establish research priorities regarding such issues. Requires the Secretary to: (1) initiate and support pilot projects to supplement and inform the panel's work; and (2) conduct or support additional research determined to be necessary by the panel concerning the role and impact of electronic media in the development of children and adolescents, with a particular focus on media content, format, length of exposure, age of the child or adolescent, and nature of parental involvement.

To amend the Public Health Service Act to authorize funding for the establishment of a program on children and the media within the Centers for Disease Control and Prevention to study the role and impact of electronic media in the development of children.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Oversight of Iraq Agreements Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) President George W. Bush has announced a Declaration of Principles for a Long-Term Relationship of Cooperation and Friendship with Iraq, with the goal of concluding a final agreement between the United States and Iraq by July 31, 2008. (2) The Declaration envisions commitments that directly affect the national security of the United States, including ``security assurances and commitments to the Republic of Iraq to deter foreign aggression''. (3) The Declaration fails to make clear that the United States will not seek and will not maintain permanent military bases in Iraq. (4) The Declaration fails to specify the future mission profile of United States forces in Iraq, the future number of United States forces deployed to Iraq, and the length of deployments for United States forces in Iraq. (5) The Declaration fails to specify the extent to which United States military personnel and government contractors will be accountable under the laws of Iraq. (6) On November 26, 2007, Assistant to the President and Deputy National Security Advisor for Iraq and Afghanistan Lieutenant General Douglas Lute stated, ``We don't anticipate now that these negotiations will lead to ... formal inputs from the Congress.'' (7) Section 8113 of the Department of Defense Appropriations Act, Fiscal Year 2008 (Public Law 110-116; 121 Stat. 1339), which was signed into law on November 13, 2007, stated that no funds may be used ``[t]o establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Iraq''. (8) Congress is a co-equal branch of government and as such the extension of long-term United States security commitments to Iraq that obligates or requires the appropriation of United States funds requires the full participation and consent of Congress. (9) Under the Constitution, legislative approval of an international agreement can take the form either of approval of a treaty by two-thirds of the Senate under Article II or authorization of the agreement by a simple majority of both houses of Congress under Article I. (10) Past presidential practice with regard to international agreements other than treaties has been regulated by Department of State guidelines that call for ``due consideration'' of ``the extent to which the agreement involves commitments or risks affecting the nation as a whole,'' ``whether the agreement can be given effect without the enactment of subsequent legislation by the Congress,'' and ``the preference of the Congress''. SEC. 3. CONCLUSION OF BILATERAL AGREEMENT WITHOUT CONGRESSIONAL APPROVAL. (a) Report on Justification for Denying Congressional Role in Concluding Agreement.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the Legal Advisor to the Secretary of State shall submit to Congress an unclassified report providing the justification for the decision of the President to deny Congress its constitutionally protected role by concluding an agreement on the future of the security relationship between the United States and Iraq as an executive agreement. (2) Legal analysis of constitutional authority required.-- The report required under paragraph (1) shall include a legal analysis of the constitutional powers asserted by the President in concluding that such an agreement does not require approval by Congress. (b) Sense of Congress.--It is the sense of Congress that any bilateral agreement between the United States and Iraq involving ``commitments or risks affecting the nation as a whole'', including a status of forces agreement (SOFA), that is not a treaty approved by two-thirds of the Senate under Article II of the Constitution or authorized by legislation does not have the force of law. (c) Prohibition on Use of Funds To Carry Out Certain Agreements.-- No funds may be authorized or appropriated to carry out any bilateral agreement between the United States and Iraq involving ``commitments or risks affecting the nation as a whole'', including a status of forces agreement (SOFA), that is not a treaty approved by two-thirds of the Senate under Article II of the Constitution or authorized by legislation passed by both houses of Congress.

Congressional Oversight of Iraq Agreements Act of 2007 - Directs the Legal Advisor to the Secretary of State to provide Congress with the justification (including the constitutional authority) for the President's decision to deny Congress its constitutionally protected role by concluding an agreement on the future of the security relationship between the United States and Iraq as an executive agreement. Expresses the sense of Congress that any bilateral agreement between the United States and Iraq involving "commitments or risks affecting the nation as a whole," including a status of forces agreement (SOFA), that is not a treaty approved by two-thirds of the Senate under Article II of the Constitution or authorized by legislation does not have the force of law. Prohibits the use of funds to carry out such an agreement.

A bill to provide for congressional oversight of United States agreements with the Government of Iraq.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Access for Safe and Timely Generics Act of 2015'' or the ``FAST Generics Act of 2015''. SEC. 2. FINDINGS. The Congress finds the following: (1) Reference product license or approval holders are restricting competitive access to reference products by sponsors seeking to develop drugs, generic drugs, and biosimilars under section 505(b)(2) or 505(j) of the Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2) and 355(j)) and under section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)). These restrictions are deterring and delaying development of drugs, generic drugs and biosimilars by extending lawful patent-based monopolies beyond their lawful patent life. (2) The enforcement provisions set forth in section 505- 1(f)(8) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-1(f)(8)) have not been sufficient to prevent anti- competitive practices that interfere with access to reference products which is necessary for the timely development of affordable drugs, generic drugs, and biosimilars. (3) There is not a regulatory structure in place that is sufficient to deter or remedy the anti-competitive harm that results when-- (A) access to reference products is restricted to sponsors developing drugs, generic drugs, or biosimilars in accordance with section 505(b)(2) or 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2) or 355(j)), and section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)), respectively; or (B) license holders impede the prompt negotiation and development of a single, shared system of elements to assure safe use and supporting agreements under section 505-1(i)(1)(B) of such Act (21 U.S.C. 355- 1(i)(1)(B)), on commercially reasonable terms. (4) Requiring license holders to comply with requirements for competitive access to their products, and for the negotiation and development of single, shared systems of elements to assure safe use under section 505-1(i)(1)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355- 1(i)(1)(B)), and subjecting license holders to liability for failing to do so, will not impose obligations on the courts that they cannot adequately and reasonably adjudicate. SEC. 3. COMPETITIVE ACCESS TO COVERED PRODUCTS FOR DEVELOPMENT PURPOSES. (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 505-1 of such Act (21 U.S.C. 355-1) the following new section: ``SEC. 505-2. COMPETITIVE ACCESS TO COVERED PRODUCTS FOR DEVELOPMENT PURPOSES. ``(a) Definitions.--In this section: ``(1) Covered product.--The term `covered product'-- ``(A) means-- ``(i) any drug approved under section 505 or biological product licensed under section 351 of the Public Health Service Act; ``(ii) any combination thereof; or ``(iii) when reasonably necessary to demonstrate sameness, biosimilarity, or interchangeability for purposes of this section, section 505, or section 351 of the Public Health Service Act (as applicable), any product, including any device, that is marketed or intended for use with such drug or biological product; and ``(B) excludes any drug or biological product which the Secretary has determined to be currently in shortage and that appears on the drug shortage list in effect under section 506E, unless the shortage will not be promptly resolved-- ``(i) as demonstrated by the fact that the drug or biological product has been in shortage for more than 6 months; or ``(ii) as otherwise determined by the Secretary. ``(2) Eligible product developer.--The term `eligible product developer' means a person that seeks to develop a product for approval pursuant to an application under section 505(b)(2) or 505(j) or for licensing pursuant to an application under section 351(k) of the Public Health Service Act. ``(3) License holder.--The term `license holder' means the holder of an application approved under section 505(b) or section 505(j) of this Act or under section 351 of the Public Health Service Act for a covered product (including the holder's agents, wholesalers, distributors, assigns, corporate affiliates, and contractors). ``(4) REMS.--The term `REMS' means a risk evaluation and mitigation strategy under section 505-1. ``(5) REMS product.--The term `REMS product' means a covered product that-- ``(A) is subject to a risk evaluation and mitigation strategy under section 505-1; or ``(B) is deemed under section 909(b) of the Food and Drug Administration Amendments Act of 2007 to have in effect an approved risk evaluation and mitigation strategy under section 505-1. ``(6) REMS impacting product distribution.--The term `REMS impacting product distribution' means a REMS that contains elements to assure safe use that impact the distribution of the product subject to the REMS. ``(b) Competitive Access to Covered Products as a Condition on Approval or Licensing.--As a condition of approval or licensure, or continuation or renewal of approval or licensure, of a covered product under section 505 of this Act or section 351 of the Public Health Service Act, respectively, the Secretary shall require that the covered product's license holder not construe or apply any condition or restriction relating to the sale, resale, or distribution of the covered product, including any condition or restriction adopted, imposed, or enforced as an aspect of a risk evaluation and mitigation strategy, in a way that restricts or has the effect of restricting the supply of such covered product to an eligible product developer for development or testing purposes. ``(c) Competitive Access for Development Purposes to Products With REMS Impacting Product Distribution.--With respect to a product subject to a REMS impacting product distribution, no aspect of such a REMS shall be construed or applied by the REMS product's license holder in a way that prohibits or restricts the supply, at commercially reasonable, market-based prices, of such REMS product from the REMS product's license holder to an eligible product developer with an applicable individual covered product authorization obtained pursuant to subsection (e) for development and testing purposes. ``(d) Single, Shared System of Elements To Assure Safe Use.--Where an eligible product developer seeks approval of an application under 505(j) referencing a REMS product whose REMS includes elements to assure safe use-- ``(1) no license holder shall take any step that impedes-- ``(A) the prompt development on commercially reasonable terms of a single, shared system of elements to assure safe use under section 505-1; or ``(B) the prompt entry on commercially reasonable terms of an eligible product developer into a previously approved system of elements to assure safe use; and ``(2) license holders shall negotiate in good faith towards the prompt development of (or entry into) a single shared system of elements to assure safe use under section 505-1(i) on commercially reasonable terms. ``(e) Procedures for Obtaining Access to Covered Products.-- ``(1) Competitive access to products not subject to rems impacting product distribution.--Notwithstanding any other provision of law, a license holder that receives a request from an eligible product developer or its agent for sufficient supplies of a covered product (that is not subject to a REMS impacting product distribution) to conduct testing necessary to support an application under section 505(b)(2) or 505(j) or under section 351(k) of the Public Health Service Act (or otherwise meet the requirements for approval of such an application) shall provide to the eligible product developer or its agent the quantity requested within 30 days of receipt of the request at a nondiscriminatory, commercially reasonable, market-based price for which such covered product has been previously sold by the license holder to third parties in the open market. ``(2) Competitive access to products subject to rems impacting product distribution: individual covered product authorization.--Any eligible product developer may seek an authorization to obtain an individual covered product subject to a REMS impacting product distribution for development and testing purposes by making a written request to the Secretary. Within 120 days of receiving such a request, the Secretary shall, by written notice, issue such authorization for purposes of-- ``(A) development and testing that does not involve human clinical trials, if the eligible product developer has agreed to comply with any conditions the Secretary determines necessary; or ``(B) development and testing that involves human clinical trials if the eligible product developer has-- ``(i) submitted a protocol for testing that includes protections that will provide an assurance of safety comparable to the assurance of safety provided by any distribution restrictions governing the approval or licensure of the covered product; or ``(ii) otherwise satisfied the Secretary that such protections will be provided. ``(3)(A) Process for obtaining product pursuant to an authorization.-- ``(i) An eligible product developer shall be entitled to obtain, from the license holder of a covered product subject to a REMS impacting distribution, sufficient quantities of the covered product for purposes of development and testing necessary to support an application under section 505(b)(2) or 505(j) or under section 351(k) of the Public Health Service Act, or otherwise meet the requirements for approval of such application, if the eligible product developer has obtained an applicable authorization under paragraph (2). ``(ii) Each license holder shall publicly designate at least one wholesaler or specialty distributor to receive and fulfill requests for covered products submitted pursuant to paragraph (1) or clause (i) of this paragraph. ``(iii) An eligible product developer shall initiate its acquisition of a covered product under clause (i) by providing or having its agent provide a written request for specific quantities of such covered product to the license holder. ``(B) Request contents and response.--A request under subparagraph (A)(iii) shall include a statement regarding the quantity of covered product sought for development or testing purposes, and state that the eligible product developer has an authorization under paragraph (2) to obtain the specific covered product. Within 30 days of receiving such a request, the wholesaler or specialty distributor shall provide the requested quantity of the covered product at a non- discriminatory, commercially reasonable, market-based price for which such covered product has been previously sold by the license holder to third parties in the open market. ``(C) Disclosure of information by wholesalers and specialty distributors.--In the event that a request is made to a wholesaler or specialty distributor under this paragraph, the wholesaler or specialty distributor shall not disclose to the license holder of the covered product involved the identity of the eligible product developer, but may disclose to such license holder-- ``(i) the fact that a request has been made; ``(ii) the dates on which the request was made and fulfilled; ``(iii) the commercial terms on which the request was fulfilled; and ``(iv) the quantity of the covered product furnished by the wholesaler or specialty distributor in compliance with the request. ``(D) Imminent hazard.--At any time, the Secretary may prohibit, limit, or otherwise suspend a transfer of a covered product to an eligible product developer if the Secretary determines that the transfer of such product to the eligible product developer would present an imminent hazard to the public health. In such cases, the Secretary shall specify the basis for the determination, including the specific information available to the Secretary which served as the basis for such determination, and confirm such determination in writing. ``(f) Enforcement.-- ``(1) Remedies.--An eligible product developer that is aggrieved by a violation of subsection (b), (c), (d), (e)(1) or (e)(3) by a license holder may sue such license holder in a court of competent jurisdiction for injunctive relief and treble damages (including costs and interest of the kind described in section 4(a) of the Clayton Act (15 U.S.C. 15(a))). ``(2) Rule of construction.-- ``(A) Preservation of antitrust laws.--Nothing in this Act, or the amendments made by this Act, shall be construed to modify, supersede, or impair the operation of the antitrust laws. ``(B) Definition.--For purposes of paragraph (1), the term `antitrust laws' shall have the meaning given such term in subsection (a) of the 1st section of the Clayton Act (15 U.S.C. 12), except that such term shall include section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such subsection applies to unfair methods of competition. ``(g) Limitation of Liability.--The holder of an approved application or license for a covered product shall not be liable for any claim arising out of an eligible product developer's failure to follow adequate safeguards to assure safe use of the covered product during development or testing activities conducted under this section.''. (b) Waiver of Single, Shared System Requirement.--Section 505- 1(i)(1)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355- 1(i)(1)(B)) is amended-- (1) in clause (i), by striking ``or'' at the end; (2) in clause (ii), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(iii) the applicant for an abbreviated new drug application certifies that it attempted in good faith to create or negotiate entry into a single, shared system, but was unable to finalize commercially reasonable terms with the holder of the listed drug within 120 days, and such certification includes a description of the efforts made by the applicant for the abbreviated new drug application to create or negotiate entry into a single, shared system.''. (c) Effective Date.--This section and the amendments made by this section shall take effect upon enactment, and shall apply to all approved applications or licenses for a covered product (as defined in section 505-2(a) of the Federal Food, Drug, and Cosmetic Act, as added by this section) regardless of whether those applications or licenses were approved before, on, or after the date of enactment of this Act.

Fair Access for Safe and Timely Generics Act of 2015 or the FAST Generics Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to prohibit the license holder of a Food and Drug Administration (FDA)-approved drug or biological product from restricting availability of the medication for testing by a product developer seeking to develop a drug, generic drug, or biosimilar, including restricting availability with a risk evaluation and mitigation strategy (REMS). Upon request, the license holder of a medication that is not subject to a REMS must provide a product developer with the medication for testing. For a medication subject to a REMS, a product developer must have FDA authorization to obtain the medication before the license holder must provide it. The FDA may authorize a product developer to conduct testing and clinical trials with the medication. A wholesaler or specialty distributor who receives a request from a product developer for a medication for testing may not disclose to the license holder the identity of the product developer. The FDA may prohibit or limit transfer of a medication to a product developer if the transfer poses an imminent hazard to public health. License holders are not liable for claims arising from a product developer testing the medication. The FDA may waive the requirement that a drug use a single, shared system of elements to assure safe use with a comparable approved drug if the product developer is unable to finalize terms for a shared system with the license holder of the approved drug.

FAST Generics Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Good Samaritan Protection for Construction, Architectural, and Engineering Volunteers Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The construction, architectural, and engineering industries provide a valuable service in times of disasters and emergencies. (2) The construction, architectural, and engineering industries answered the call on September 11, 2001, and the days afterwards to assist in the search, recovery, and clean-up efforts in New York City and Arlington, Virginia, as well as in the aftermath of Hurricane Katrina. (3) The expertise and equipment brought forth for the search, recovery, and other efforts greatly advanced and improved the efficiency of these efforts. (4) Such efforts by the construction, architectural, and engineering industries make it safer for police, firefighters, and other rescue workers to work on search and recovery efforts. (5) The services provided by the construction, architectural, and engineering industries improve the safety of the public by the assessment, containment, and mitigation of conditions that threaten life and property. (6) Construction companies and architectural and engineering entities were faced with lawsuits as a result of their voluntary efforts on behalf of their fellow citizens in New York City and the Gulf Coast. (7) Providing construction contractors and architectural and engineering entities qualified immunity from liability when providing services in this type of volunteer activity helps to ensure that such services will be available in the future in times of need. SEC. 3. PROVISION OF QUALIFIED IMMUNITY FROM LIABILITY FOR NEGLIGENCE TO CONSTRUCTION, ARCHITECTURAL, AND ENGINEERING ENTITIES WHEN PROVIDING SERVICES OR EQUIPMENT ON A VOLUNTEER BASIS IN RESPONSE TO A DECLARED EMERGENCY OR DISASTER. (a) Liability Protection.--When a construction entity provides emergency construction assistance, or an architectural or engineering entity provides emergency architectural or engineering assistance, on a voluntary basis, in good faith, and without expectation of compensation, and the entity or an employee of such entity negligently causes harm, the entity and the employee, if applicable, are not jointly, severally, or individually liable in damages for that harm. Nothing in this section shall be construed as providing immunity for gross negligence or willful misconduct. (b) Definitions.--In this section: (1) The term ``construction entity'' means a person, sole proprietorship, partnership, limited liability company, or corporation in the regular business of providing construction assistance. (2) The term ``architectural or engineering entity'' means a person, sole proprietorship, partnership, limited liability company, or corporation in the regular business of providing architectural or engineering assistance. (3) The term ``construction assistance'' means materials, labor, equipment, or services for construction-related activities, including construction, demolition, repair, clean- up, alteration, and remediation. (4) The term ``architectural or engineering assistance'' means professional services of an architectural or engineering nature, as defined by State law, if applicable, that are required to be performed or approved by a licensed professional architect or engineer. (5) The terms ``emergency construction assistance'' and ``emergency architectural or engineering assistance'' mean construction assistance and architectural or engineering assistance, respectively, provided-- (A) at the direction of a public official acting in an official capacity; and (B) in response to or arising out of a declared Federal, State, or local emergency or disaster, whether the assistance is provided before or after the formal declaration of emergency or disaster. (c) Relationship to State Law.-- (1) Preemption.--This section preempts the laws of any State to the extent that such laws are inconsistent with this section, except that it does not preclude a State from providing a higher amount of protection from liability, or from providing reimbursement for costs or expenses as authorized by State or local law. (2) Workers compensation.--This section does not apply to liability under workers compensation laws.

Good Samaritan Protection for Construction, Architectural, and Engineering Volunteers Act - Grants construction companies and architectural and engineering firms and their employees immunity from liability for negligence, except for gross negligence or willful misconduct, when providing emergency assistance on a voluntary basis in response to a declared emergency or disaster, in good faith, and without expectation of compensation.

To provide construction, architectural, and engineering entities with qualified immunity from liability for negligence when providing services or equipment on a volunteer basis in response to a declared emergency or disaster.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on the Tax Treatment of Hedge Funds and Private Equity Act of 2007''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``the Commission on the Tax Treatment of Hedge Funds and Private Equity'' (in this Act referred to as ``the Commission''). SEC. 3. DUTIES OF THE COMMISSION. (a) In General.--The Commission shall review the hedge fund and private equity industry in the United States and make recommendations to Congress on the tax treatment for these industries. (b) Particular Issues.--In carrying out its duties under subsection (a), among the issues the Commission shall consider are the following: (1) The fairness and equity of various tax treatments. (2) The impact of any proposed changes to the tax treatment of hedge funds and private equity, specifically on-- (A) employment and job creation, (B) investors, including institutional investors like pension funds and college endowments, (C) United States competitiveness and the state of the United States as the world's premiere financial center, and (D) technology and innovation. (3) The regulatory structure of these entities. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 10 members appointed as follows: (1) 3 members shall be appointed by the majority leader of the Senate. (2) 3 members shall be appointed by the Speaker of the House of Representatives. (3) 2 members shall be appointed by the minority leader of the Senate. (4) 2 members shall be appointed by the minority leader of the House of Representatives. (b) Qualifications.--The members shall have knowledge and expertise in matters to be studied by the Commission, except that the members shall not have a conflict of interest with any matter the issue is required to review under section 3. (c) Terms.--Members shall be appointed for the life of the Commission. (d) Vacancies.--Any vacancy in the Commission shall be filled in the same manner as the original appointment. (e) Chair.--The Chair of the Commission shall be designated by the Speaker of the House of Representatives, after consulting with the majority leader of the Senate and the minority leaders of the House of Representatives and the Senate. (f) Deadline for Appointment.--The appointments of the members of the Commission shall be made no later than 30 days after the date of enactment of this Act. (g) Basic Pay.-- (1) Rates of pay.--Except as provided in paragraph (2), members shall each be paid at a rate not to exceed the rate of basic pay for level IV of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Prohibition of compensation of federal employees.-- Members of the Commission who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (h) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (i) Retired Annuitants.--A member of the Commission who is an annuitant otherwise covered by section 8344 or section 8468 of title 5, United States Code, shall not be subject to the provisions of that section with respect to membership on the Commission by reason of membership on the Commission. (j) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (k) Meetings.-- (1) First meeting.--The Commission shall hold its first meeting on a date designated by the Speaker of the House of Representatives which is not later than 30 days after the date on which all members have been appointed. (2) Subsequent meetings.--After the first meeting, the Commission shall meet upon the call of the Chair. SEC. 5. STAFF OF COMMISSION. (a) Director.--The Commission shall have a Director who shall be appointed by the Chair. The Director shall be paid a rate not to exceed the maximum rate of basic pay for GS-15 of the General Schedule. (b) Additional Staff.--In addition to the Director, the Chair may appoint and fix the pay of up to 3 staff members, except that any staff member appointed under this subsection shall not be paid at a rate to exceed the maximum rate of basic pay for GS-15 of the General Schedule. (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. (d) Staff of Federal Agencies.--Upon the request of the Chair of the Commission, the head of any Federal department or agency may detail, without reimbursement, any of the personnel of that department or agency to the Commission to assist in carrying out its duties under this Act. SEC. 6. 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. (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 agency of the United States information necessary to enable it to carry out this Act. Upon the request of the Chair 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. SEC. 7. REPORT. (a) In General.--The Commission shall transmit a final report to the President and Congress not later than 90 days after the date on which the members of the Commission are first appointed. (b) Contents.--The final report shall contain a detailed statement of the findings, conclusions, and recommendations of the Commission which address the issues stated in section 3(b). SEC. 8. TERMINATION. The Commission shall terminate 30 days after the date on which the Commission submits its final report to the President and Congress under section 7. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Commission on the Tax Treatment of Hedge Funds and Private Equity Act of 2007 - Establishes the Commission on the Tax Treatment of Hedge Funds and Private Equity to review and make recommendations to Congress on the tax treatment of the U.S. hedge fund and private equity industry.

To establish the Commission on the Tax Treatment of Hedge Funds and Private Equity.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public School Construction Partnership Act''. SEC. 2. TREATMENT OF QUALIFIED PUBLIC EDUCATIONAL FACILITY BONDS AS EXEMPT FACILITY BONDS. (a) Treatment as Exempt Facility Bond.--Subsection (a) of section 142 of the Internal Revenue Code of 1986 (relating to exempt facility bond) is amended by striking ``or'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, or'', and by adding at the end the following: ``(13) qualified public educational facilities.'' (b) Qualified Public Educational Facilities.--Section 142 of the Internal Revenue Code of 1986 (relating to exempt facility bond) is amended by adding at the end the following new subsection: ``(k) Qualified Public Educational Facilities.-- ``(1) In general.--For purposes of subsection (a)(13), the term `qualified public educational facility' means any school facility which is-- ``(A) part of a public elementary school or a public secondary school, and ``(B) owned by a private, for-profit corporation pursuant to a public-private partnership agreement with a State or local educational agency described in paragraph (2). ``(2) Public-private partnership agreement described.--A public-private partnership agreement is described in this paragraph if it is an agreement-- ``(A) under which the corporation agrees-- ``(i) to do 1 or more of the following: construct, rehabilitate, refurbish, or equip a school facility, and ``(ii) at the end of the term of the agreement, to transfer the school facility to such agency for no additional consideration, and ``(B) the term of which does not exceed the term of the issue to be used to provide the school facility. ``(3) School facility.--For purposes of this subsection, the term `school facility' means-- ``(A) school buildings, ``(B) functionally related and subordinate facilities and land with respect to such buildings, including any stadium or other facility primarily used for school events, and ``(C) any property, to which section 168 applies (or would apply but for section 179), for use in the facility. ``(4) Public schools.--For purposes of this subsection, the terms `elementary school' and `secondary school' have the meanings given such terms by section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), as in effect on the date of the enactment of this subsection. ``(5) Annual aggregate face amount of tax-exempt financing.-- ``(A) In general.--An issue shall not be treated as an issue described in subsection (a)(13) if the aggregate face amount of bonds issued by the State pursuant thereto (when added to the aggregate face amount of bonds previously so issued during the calendar year) exceeds an amount equal to the greater of-- ``(i) $10 multiplied by the State population, or ``(ii) $5,000,000. ``(B) Allocation rules.-- ``(i) In general.--Except as otherwise provided in this subparagraph, the State may allocate in a calendar year the amount described in subparagraph (A) for such year in such manner as the State determines appropriate. ``(ii) Rules for carryforward of unused amount.--With respect to any calendar year, a State may make an election under rules similar to the rules of section 146(f), except that the sole carryforward purpose with respect to such election is the issuance of exempt facility bonds described in section 142(a)(13).'' (c) Exemption From General State Volume Caps.--Paragraph (3) of section 146(g) of the Internal Revenue Code of 1986 (relating to exception for certain bonds) is amended-- (1) by striking ``or (12)'' and inserting ``(12), or (13)'', and (2) by striking ``and environmental enhancements of hydroelectric generating facilities'' and inserting ``environmental enhancements of hydroelectric generating facilities, and qualified public educational facilities''. (d) Exemption From Limitation on Use for Land Acquisition.--Section 147(h) of the Internal Revenue Code of 1986 (relating to certain rules not to apply to mortgage revenue bonds, qualified student loan bonds, and qualified 501(c)(3) bonds) is amended by adding at the end the following new paragraph: ``(3) Exempt facility bonds for qualified public-private schools.--Subsection (c) shall not apply to any exempt facility bond issued as part of an issue described in section 142(a)(13) (relating to qualified public-private schools).'' (e) Conforming Amendment.--The heading of section 147(h) of the Internal Revenue Code of 1986 is amended by striking ``Mortgage Revenue Bonds, Qualified Student Loan Bonds, and Qualified 501(c)(3) Bonds'' in the heading and inserting ``Certain Bonds''. (f) Effective Date.--The amendments made by this section shall apply to bonds issued after December 31, 2001. SEC. 3. ADDITIONAL INCREASE IN ARBITRAGE REBATE EXCEPTION FOR GOVERNMENTAL BONDS USED TO FINANCE EDUCATION FACILITIES. (a) Spending Requirement for Public School Construction Issue.-- Paragraph (4)(C) of section 148(f) of the Internal Revenue Code of 1986 (relating to required rebate to the United States) is amended by adding at the end the following new clause: ``(xviii) 4-year spending requirement for public school construction issue.-- ``(I) In general.--In the case of a public school construction issue, the spending requirements of clause (ii) shall be treated as met if at least 10 percent of the available construction proceeds of the construction issue are spent for the governmental purposes of the issue within the 1-year period beginning on the date the bonds are issued, 30 percent of such proceeds are spent for such purposes within the 2- year period beginning on such date, 50 percent of such proceeds are spent for such purposes within the 3-year period beginning on such date, and 100 percent of such proceeds are spent for such purposes within the 4-year period beginning on such date. ``(II) Public school construction issue.--For purposes of this clause, the term `public school construction issue' means any construction issue if no bond which is part of such issue is a private activity bond and all of the available construction proceeds of such issue are to be used for the construction (as defined in clause (iv)) of public school facilities to provide education or training below the postsecondary level or for the acquisition of land that is functionally related and subordinate to such facilities. ``(III) Other rules to apply.-- Rules similar to the rules of the preceding provisions of this subparagraph which apply to clause (ii) shall apply to this clause.'' (b) Increase in Arbitrage Rebate Exception for Governmental Bonds Used To Finance Education Facilities.--Section 148(f)(4)(D)(vii) of the Internal Revenue Code of 1986 (relating to increase in exception for bonds financing public school capital expenditures) is amended by striking ``$5,000,000'' the second place it appears and inserting ``$10,000,000''. (c) Effective Date.--The amendment made by this section shall apply to obligations issued after December 31, 2001. SEC. 4. TREATMENT OF PUBLIC SCHOOL CONSTRUCTION BONDS AS QUALIFIED TAX- EXEMPT OBLIGATIONS. (a) In General.--Clause (i) of subsection (b)(3)(B) of section 265 of the Internal Revenue Code of 1986 (relating to expenses and interest relating to tax-exempt income) is amended to read as follows: ``(i) In general.--For purposes of subparagraph (A), the term `qualified tax- exempt obligation' means a tax-exempt obligation-- ``(I) which is issued after August 7, 1986, by a qualified small issuer, is not a private activity bond (as defined in section 141), and is designated by the issuer for purposes of this paragraph, or ``(II) which is a public school construction bond (within the meaning of section 148(f)(4)(C)(xviii)) issued by a qualified small education bond issuer (as defined in subparagraph (G)).'' (b) Definition of Qualified Small Education Bond Issuer.-- Subsection (b)(3) of section 265 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(G) Qualified small education bond issuer.--For purposes of subparagraph (B)(i)(II), the term `qualified small education bond issuer' means, with respect to bonds issued during any calendar year, any issuer if the reasonably anticipated amount of public school construction bonds which will be issued by such issuer during such calendar year does not exceed $25,000,000.'' (c) Conforming Amendment.--Section 265(b)(3)(B)(ii) of such Code is amended by striking ``(i)(II)'' in the matter preceding subclause (I) and inserting ``(i)''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2001.

Public School Construction Partnership Act - Amends the Internal Revenue Code to provide for the treatment of qualified public educational facility bonds as exempt facility bonds. Defines a "qualified public educational facility" as any school facility which is: (1) part of a public elementary school or a public secondary school; and (2) owned by a private, for-profit corporation pursuant to a public-private partnership agreement with a State or local educational agency. Provides for an exception from the State volume cap.Sets forth provisions concerning: (1) time-related spending requirements for public school construction bonds and doubling the arbitrage rebate exception for governmental bonds used to finance education facilities; and (2) the treatment of public school construction bonds as qualified tax-exempt obligations.

To amend the Internal Revenue Code of 1986 to allow issuance of tax-exempt private activity bonds to finance public-private partnership activities relating to school facilities in public elementary and secondary schools, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Farmers and Family Fishermen Protection Act of 2002''. SEC. 2. PERMANENT REENACTMENT OF CHAPTER 12. (a) Reenactment.-- (1) In general.--Chapter 12 of title 11, United States Code, as reenacted by section 149 of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277), is hereby reenacted, and as here reenacted is amended by this Act. (2) Effective date.--Subsection (a) shall take effect on the date of the enactment of this Act. (b) Conforming Amendment.--Section 302 of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (28 U.S.C. 581 note) is amended by striking subsection (f). SEC. 3. DEBT LIMIT INCREASE. Section 104(b) of title 11, United States Code, is amended by inserting ``101(18),'' after ``sections'' each place it appears. SEC. 4. CERTAIN CLAIMS OWED TO GOVERNMENTAL UNITS. (a) Contents of Plan.--Section 1222(a)(2) of title 11, United States Code, is amended to read as follows: ``(2) provide for the full payment, in deferred cash payments, of all claims entitled to priority under section 507, unless-- ``(A) the claim is a claim owed to a governmental unit that arises as a result of the sale, transfer, exchange, or other disposition of any farm asset used in the debtor's farming operation, in which case the claim shall be treated as an unsecured claim that is not entitled to priority under section 507, but the debt shall be treated in such manner only if the debtor receives a discharge; or ``(B) the holder of a particular claim agrees to a different treatment of that claim;''. (b) Special Notice Provisions.--Section 1231(b) of title 11, United States Code, as so designated by this Act, is amended by striking ``a State or local governmental unit'' and inserting ``any governmental unit''. SEC. 5. DEFINITION OF FAMILY FARMER. Section 101(18) of title 11, United States Code, is amended-- (1) in subparagraph (A)-- (A) by striking ``$1,500,000'' and inserting ``$3,237,000''; and (B) by striking ``80'' and inserting ``50''; and (2) in subparagraph (B)(ii)-- (A) by striking ``$1,500,000'' and inserting ``$3,237,000''; and (B) by striking ``80'' and inserting ``50''. SEC. 6. ELIMINATION OF REQUIREMENT THAT FAMILY FARMER AND SPOUSE RECEIVE OVER 50 PERCENT OF INCOME FROM FARMING OPERATION IN YEAR PRIOR TO BANKRUPTCY. Section 101(18)(A) of title 11, United States Code, is amended by striking ``for the taxable year preceding the taxable year'' and inserting the following: ``for-- ``(i) the taxable year preceding; or ``(ii) each of the 2d and 3d taxable years preceding; the taxable year''. SEC. 7. PROHIBITION OF RETROACTIVE ASSESSMENT OF DISPOSABLE INCOME. (a) Confirmation of Plan.--Section 1225(b)(1) of title 11, United States Code, is amended-- (1) in subparagraph (A) by striking ``or'' at the end; (2) in subparagraph (B) by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) the value of the property to be distributed under the plan in the 3-year period, or such longer period as the court may approve under section 1222(c), beginning on the date that the first distribution is due under the plan is not less than the debtor's projected disposable income for such period.''. (b) Modification of Plan.--Section 1229 of title 11, United States Code, is amended by adding at the end the following: ``(d) A plan may not be modified under this section-- ``(1) to increase the amount of any payment due before the plan as modified becomes the plan; ``(2) by anyone except the debtor, based on an increase in the debtor's disposable income, to increase the amount of payments to unsecured creditors required for a particular month so that the aggregate of such payments exceeds the debtor's disposable income for such month; or ``(3) in the last year of the plan by anyone except the debtor, to require payments that would leave the debtor with insufficient funds to carry on the farming operation after the plan is completed.''. SEC. 8. FAMILY FISHERMEN. (a) Definitions.--Section 101 of title 11, United States Code, is amended-- (1) by inserting after paragraph (7) the following: ``(7A) `commercial fishing operation' means-- ``(A) the catching or harvesting of fish, shrimp, lobsters, urchins, seaweed, shellfish, or other aquatic species or products of such species; or ``(B) for purposes of section 109 and chapter 12, aquaculture activities consisting of raising for market any species or product described in subparagraph (A); ``(7B) `commercial fishing vessel' means a vessel used by a family fisherman to carry out a commercial fishing operation;''; and (2) by inserting after paragraph (19) the following: ``(19A) `family fisherman' means-- ``(A) an individual or individual and spouse engaged in a commercial fishing operation-- ``(i) whose aggregate debts do not exceed $1,500,000 and not less than 80 percent of whose aggregate noncontingent, liquidated debts (excluding a debt for the principal residence of such individual or such individual and spouse, unless such debt arises out of a commercial fishing operation), on the date the case is filed, arise out of a commercial fishing operation owned or operated by such individual or such individual and spouse; and ``(ii) who receive from such commercial fishing operation more than 50 percent of such individual's or such individual's and spouse's gross income for the taxable year preceding the taxable year in which the case concerning such individual or such individual and spouse was filed; or ``(B) a corporation or partnership-- ``(i) in which more than 50 percent of the outstanding stock or equity is held by-- ``(I) 1 family that conducts the commercial fishing operation; or ``(II) 1 family and the relatives of the members of such family, and such family or such relatives conduct the commercial fishing operation; and ``(ii)(I) more than 80 percent of the value of its assets consists of assets related to the commercial fishing operation; ``(II) its aggregate debts do not exceed $1,500,000 and not less than 80 percent of its aggregate noncontingent, liquidated debts (excluding a debt for 1 dwelling which is owned by such corporation or partnership and which a shareholder or partner maintains as a principal residence, unless such debt arises out of a commercial fishing operation), on the date the case is filed, arise out of a commercial fishing operation owned or operated by such corporation or such partnership; and ``(III) if such corporation issues stock, such stock is not publicly traded; ``(19B) `family fisherman with regular annual income' means a family fisherman whose annual income is sufficiently stable and regular to enable such family fisherman to make payments under a plan under chapter 12 of this title;''. (b) Who May Be a Debtor.--Section 109(f) of title 11, United States Code, is amended by inserting ``or family fisherman'' after ``family farmer''. (c) Chapter 12.--Chapter 12 of title 11, United States Code, is amended-- (1) in the chapter heading, by inserting ``OR FISHERMAN'' after ``FAMILY FARMER''; (2) in section 1203, by inserting ``or commercial fishing operation'' after ``farm''; and (3) in section 1206, by striking ``if the property is farmland or farm equipment'' and inserting ``if the property is farmland, farm equipment, or property used to carry out a commercial fishing operation (including a commercial fishing vessel)''. (d) Clerical Amendment.--In the table of chapters for title 11, United States Code, the item relating to chapter 12, is amended to read as follows: ``12. Adjustments of Debts of a Family Farmer or Family 1201''. Fisherman with Regular Annual Income. (e) Applicability.--Nothing in this section shall change, affect, or amend the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801 et seq.). SEC. 9. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. This Act and the amendments made by this Act shall take effect on the date of the enactment of this Act and shall not apply with respect to cases commenced under title 11 of the United States Code before such date.

Family Farmers and Family Fishermen Protection Act of 2002 - Amends the Federal Bankruptcy Code to reenact Chapter 12, Adjustment of Debts of a Family Farmer with Regular Annual Income (thus reinstating permanently family farmer bankruptcy relief).Provides periodic adjustments for inflation of the debt limit for family farmers.Cites circumstances under which the claim of a governmental unit that arises from the disposition of a farm asset used in the debtor's farming operation shall be treated as an unsecured claim not entitled to priority.Increases from $1.5 million to $3.237 million the maximum aggregate debt that permits a farming operation to qualify as a family farming operation for debt adjustment purposes. Decreases from 80 percent to 50 percent the minimum percentage of aggregate, noncontingent liquidated debts arising out of such farming operation.Repeals the requirement that a family farmer and spouse receive over 50 percent of income from farming operations in the year before a bankruptcy petition is filed.Prohibits: (1) retroactive assessment of disposable income; and (2) post-confirmation modification of a bankruptcy plan that would increase the amount of payments that were due before such modification. Requires debtor's consent for post-confirmation increase in payments.Extends Chapter 12 coverage to family fishermen whose aggregate debts do not exceed $1.5 million, of which at least 80 percent of aggregate noncontingent, liquidated debts arise out of a commercial fishing operation.

To amend title 11 of the United States Code to protect family farmers and family fishermen.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Attorney Accountability Act of 1995''. SEC. 2. AWARD OF COSTS AND ATTORNEY'S FEES IN FEDERAL CIVIL DIVERSITY LITIGATION AFTER AN OFFER OF SETTLEMENT. Section 1332 of title 28, United States Code, is amended by adding at the end the following: ``(e)(1) In any action over which the court has jurisdiction under this section, any party may, at any time not less than 10 days before trial, serve upon any adverse party a written offer to settle a claim or claims for money or property or to the effect specified in the offer, including a motion to dismiss all claims, and to enter into a stipulation dismissing the claim or claims or allowing judgment to be entered according to the terms of the offer. Any such offer, together with proof of service thereof, shall be filed with the clerk of the court. ``(2) If the party receiving an offer under paragraph (1) serves written notice on the offeror that the offer is accepted, either party may then file with the clerk of the court the notice of acceptance, together with proof of service thereof. ``(3) The fact that an offer under paragraph (1) is made but not accepted does not preclude a subsequent offer under paragraph (1). Evidence of an offer is not admissible for any purpose except in proceedings to enforce a settlement, or to determine costs and expenses under this subsection. ``(4) At any time before judgment is entered, the court, upon its own motion or upon the motion of any party, may exempt from this subsection any claim that the court finds presents a question of law or fact that is novel and important and that substantially affects nonparties. If a claim is exempted from this subsection, all offers made by any party under paragraph (1) with respect to that claim shall be void and have no effect. ``(5) If all offers made by a party under paragraph (1) with respect to a claim or claims, including any motion to dismiss all claims, are not accepted and the judgment, verdict, or order finally issued (exclusive of costs, expenses, and attorneys' fees incurred after judgment or trial) in the action under this section is not more favorable to the offeree with respect to the claim or claims than the last such offer, the offeror may file with the court, within 10 days after the final judgment, verdict, or order is issued, a petition for payment of costs and expenses, including attorneys' fees, incurred with respect to the claim or claims from the date the last such offer was made or, if the offeree made an offer under this subsection, from the date the last such offer by the offeree was made. ``(6) If the court finds, pursuant to a petition filed under paragraph (5) with respect to a claim or claims, that the judgment, verdict, or order finally obtained is not more favorable to the offeree with respect to the claim or claims than the last offer, the court shall order the offeree to pay the offeror's costs and expenses, including attorneys' fees, incurred with respect to the claim or claims from the date the last offer was made or, if the offeree made an offer under this subsection, from the date the last such offer by the offeree was made, unless the court finds that requiring the payment of such costs and expenses would be manifestly unjust. ``(7) Attorney's fees under paragraph (6) shall be a reasonable attorney's fee attributable to the claim or claims involved, calculated on the basis of an hourly rate which may not exceed that which the court considers acceptable in the community in which the attorney practices law, taking into account the attorney's qualifications and experience and the complexity of the case, except that the attorney's fees under paragraph (6) may not exceed-- ``(A) the actual cost incurred by the offeree for an attorney's fee payable to an attorney for services in connection with the claim or claims; or ``(B) if no such cost was incurred by the offeree due to a contingency fee agreement, a reasonable cost that would have been incurred by the offeree for an attorney's noncontingent fee payable to an attorney for services in connection with the claim or claims. ``(8) This subsection does not apply to any claim seeking an equitable remedy.''. SEC. 3. HONESTY IN EVIDENCE. Rule 702 of the Federal Rules of Evidence (28 U.S.C. App.) is amended-- (1) by inserting ``(a) In general.--'' before ``If'', and (2) by adding at the end the following: ``(b) Adequate basis for opinion.--Testimony in the form of an opinion by a witness that is based on scientific knowledge shall be inadmissible in evidence unless the court determines that such opinion-- ``(1) is scientifically valid and reliable; ``(2) has a valid scientific connection to the fact it is offered to prove; and ``(3) is sufficiently reliable so that the probative value of such evidence outweighs the dangers specified in rule 403. ``(c) Disqualification.--Testimony by a witness who is qualified as described in subdivision (a) is inadmissible in evidence if the witness is entitled to receive any compensation contingent on the legal disposition of any claim with respect to which the testimony is offered. ``(d) Scope.--Subdivision (b) does not apply to criminal proceedings.''. SEC. 4. ATTORNEY ACCOUNTABILITY. (a) Sanctions.--Rule 11(c) of the Federal Rules of Civil Procedure (28 U.S.C. App.) is amended-- (1) in the matter preceding paragraph (1) by striking ``may'' and inserting ``shall''; (2) in paragraph (1)(A)-- (A) in the second sentence by striking ``, but shall'' and all that follows through ``corrected''; and (B) in the third sentence by striking ``may'' and inserting ``shall''; and (3) in paragraph (2) by striking ``A sanction imposed'' and all that follows through ``violation.'' and inserting the following: ``A sanction imposed for a violation of this rule shall be sufficient to deter repetition of such conduct or comparable conduct by others similarly situated, and to compensate the parties that were injured by such conduct. Subject to the limitations in subparagraphs (A) and (B), the sanction may consist of an order to pay to the other party or parties the amount of the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper that is the subject of the violation, including a reasonable attorney's fee.''. (b) Applicability to Discovery.--Rule 11 of the Federal Rules of Civil Procedure is amended by striking subdivision (d). SEC. 5. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Subject to subsection (b), this Act and the amendments made by this Act shall take effect on the first day of the first month beginning more than 180 days after the date of the enactment of this Act. (b) Application of Amendments.-- (1) The amendment made by section 2 shall apply only with respect to civil actions commenced after the effective date of this Act. (2) The amendments made by section 3 shall apply only with respect to cases in which a trial begins after the effective date of this Act. Passed the House of Representatives March 7, 1995. Attest: ROBIN H. CARLE, Clerk.

Attorney Accountability Act of 1995 - Amends the Federal judicial code to set forth provisions regarding the award of costs and attorney's fees in Federal civil diversity litigation after an offer of settlement. Provides that any party may, at any time not less than ten days before trial, serve upon an adverse party a written offer to settle a claim for money or property or to the effect specified in the offer, including a motion to dismiss all claims, and to enter into a stipulation dismissing the claim or allowing judgment to be entered according to the terms of the offer. Directs that any such offer, together with proof of service thereof, be filed with the clerk of the court. Specifies that: (1) if the party receiving the offer serves written notice that the offer is accepted, either party may then file with the clerk of the court the notice of acceptance, together with proof of service thereof; and (2) the fact that an offer is made but not accepted does not preclude a subsequent offer (but evidence of an offer is not admissible for any purpose except in proceedings to enforce a settlement or to determine costs and expenses). Authorizes the court, at any time before judgment is entered, upon its own motion or the motion of any party, to exempt from such provisions any claim that the court finds presents a question of law or fact that is novel and important and that substantially affects nonparties. Specifies that if a claim is exempted, all offers made by any party under this Act with respect to that claim shall be void and have no effect. Provides that if all offers made by a party with respect to a claim, including any motion to dismiss all claims, are not accepted and the judgment, verdict, or order finally issued (exclusive of costs, expenses, and attorney fees incurred after judgment or trial) in the action under this Act is not more favorable to the offeree than the last such offer: (1) the offeror may file with the court a petition for payment of costs and expenses, including attorney fees, incurred with respect to the claim from the date the last offer from the offeror or from the offeree was made; and (2) the court, if it makes such a finding, shall order the offeree to pay the offeror's costs and expenses unless it finds that requiring the payment of such costs and expenses would be manifestly unjust. Specifies that such an attorney's fee shall be a reasonable fee attributable to the claim, calculated on the basis of an hourly rate which may not exceed that which the court considers acceptable in the community in which the attorney practices law, taking into account the attorney's qualifications and experience and the complexity of the case, subject to specified limitations. (Sec. 3) Amends rule 702 of the Federal Rules of Evidence to provide that: (1) testimony in the form of an opinion by a witness that is based on scientific knowledge shall be inadmissible in evidence unless the court determines that such opinion is scientifically valid and reliable, has a valid scientific connection to the fact it is offered to prove, and is sufficiently reliable so that the probative value of such evidence is not outweighed by the dangers of unfair prejudice, confusion of the issues, or misleading the jury or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence (but makes this provision inapplicable to criminal proceedings); and (2) testimony by a witness who is qualified is inadmissible in evidence if the witness is entitled to receive any compensation contingent on the legal disposition of any claim with respect to which the testimony is offered. (Sec. 4) Amends rule 11(c) of the Federal Rules of Civil Procedure to require (currently, permit) the court to impose sanctions upon the attorneys, law firms, or parties that violate provisions regarding certain representations to the court (e.g., regarding frivolous lawsuits). Specifies that a sanction imposed for a violation of this rule: (1) shall be sufficient to deter repetition of such conduct or comparable conduct by others similarly situated and to compensate the parties that were injured by such conduct; and (2) may consist of an order to pay to the other party the amount of the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper that is the subject of the violation, including a reasonable attorney's fee. Repeals provisions making rule 11 (regarding the signing of pleadings, representations to the court, and sanctions) inapplicable to discovery.

Attorney Accountability Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Emergency Medical Services Commemorative Work Act''. SEC. 2. FINDINGS. Congress finds that-- (1) each year, throughout the United States, the 850,000 first responders of Emergency Medical Services answer more than 30,000,000 calls to serve 22,000,000 patients in need of life- saving care and comfort at a moment of notice and without reservation; (2) with little regard for their own safety and in the face of all hazards, the first responders of Emergency Medical Services respond across the spectrum of incidents from a medical emergency of a single person to naturally occurring or manmade disasters, including terrorist attacks that threaten the entire United States; (3) the commitment of the first responders of Emergency Medical Services to others, at a moment of notice and despite risk, exemplifies the finest traditions of the spirit of the people of the United States; (4) as an element of the homeland defense strategy of the United States, Emergency Medical Services stands on the ``Nation's first line of defense in the prevention and mitigation of risk from terrorist attacks, man-made incidents, and natural disasters''; (5) the first responders of Emergency Medical Services, along with the members of Law Enforcement and Fire Services, serving in both the public and private sectors as career and volunteer emergency medical service providers-- (A) are a critical element of the homeland and national security efforts of the United States; and (B) provide for the domestic tranquility of the citizens of the United States; (6) all too often the risks associated with the critical role of Emergency Medical Services results in an unacceptable rate of injury and fatality to first responders; (7) statistics compiled by the Department of Labor and the National Highway Safety Administration indicate that Emergency Medical Services providers-- (A) die in the line of duty at a rate more than twice the national average for all occupational fatalities; and (B) experience an injury rate of virtually 100 percent during the careers of the providers; (8) the United States has historically and continually relied on the selfless and ultimate sacrifices made by citizens in service to the United States and the families and loved ones of citizens in service to the United States, in order to maintain the domestic tranquility, safety, and security of the United States; (9) the first responders of Emergency Medical Services continue to serve in this finest tradition, in the face of unacceptable sacrifice, risk, and danger in service to the United States and the citizens of the United States; (10) the scope of responsibility assumed by the first responders of Emergency Medical Services is broad and unique; and (11) the sacrifice and commitment of the first responders of Emergency Medical Services in service to the United States is deserving of a commemorative work that recognizes the sacrifice and commitment of the first responders. SEC. 3. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK BY THE NATIONAL EMERGENCY MEDICAL SERVICES MEMORIAL FOUNDATION. (a) In General.--The National Emergency Medical Services Memorial Foundation (referred to in this section as the ``Foundation'') may establish a commemorative work on Federal land in the District of Columbia and its environs to commemorate the commitment and service represented by Emergency Medical Services. (b) Compliance With Standards for Commemorative Works.--The establishment of the commemorative work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the ``Commemorative Works Act''). (c) Payment of Expenses.-- (1) Responsibility of national emergency medical services memorial foundation.--The Foundation shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the commemorative work under this section. (2) Use of federal funds prohibited.--Federal funds may not be used to pay any expense of the establishment of the commemorative work under this section. (d) Deposit of Excess Funds.-- (1) In general.--If on payment of all expenses for the establishment of the commemorative work (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work under this section, the Foundation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code. (2) On expiration of authority.--If on expiration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the commemorative work under this section, the Foundation shall transmit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary of the Interior or Administrator of General Services, as appropriate, in accordance with the process provided in section 8906(b)(4) of title 40, United States Code, for accounts established under paragraph (2) or (3) of section 8906(b) of title 40, United States Code.

National Emergency Medical Services Commemorative Work Act This bill authorizes the National Emergency Medical Services Memorial Foundation to establish a commemorative work on federal land in the District of Columbia and its environs to pay tribute to the commitment and service represented by emergency medical services. The Foundation shall: (1) be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the commemorative work; and (2) transmit excess funds received for such work to the Department of the Interior for deposit into a National Park Foundation account.

National Emergency Medical Services Commemorative Work Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Industry Training Consortia Act''. SEC. 2. DEFINITION. In this Act: (1) Employer.--The term ``employer'' includes a business. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce. TITLE I--SKILL GRANTS SEC. 101. AUTHORIZATION. (a) In General.--The Secretary of Commerce, in consultation and coordination with the Secretary of Labor and the Administrator of the Small Business Administration, shall provide grants to eligible entities described in subsection (b). The Secretary shall provide the grants to encourage employers to form consortia to share the cost of providing, and reduce the risk of investing in, employer-led education and training programs for employees that meet employer needs and market demand in specific occupations, for purposes of strengthening United States competitiveness. (b) Eligible Entities Described.-- (1) In general.--An eligible entity described in this subsection is a consortium that-- (A) shall consist of representatives from not fewer than 10 employers (or nonprofit organizations that represent employers) who are in a common industry or who have common skill needs; and (B) may consist of representatives from 1 or more of the following: (i) Labor organizations. (ii) State and local government agencies. (iii) Education organizations. (2) Majority of representatives.--A majority of the representatives comprising the consortium shall be representatives described in paragraph (1)(A). (c) Priority for Small Businesses.--In providing grants under subsection (a), the Secretary shall give priority to an eligible entity if a majority of representatives forming the entity represent small- business concerns, as described in section 3(a) of the Small Business Act (15 U.S.C. 632(a)). (d) Maximum Amount of Grant.--The amount of a grant provided to an eligible entity under subsection (a) may not exceed $1,000,000 for any fiscal year. SEC. 102. APPLICATION. To be eligible to receive a grant under section 101, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. SEC. 103. USE OF AMOUNTS. (a) In General.--The Secretary may not provide a grant under section 101 to an eligible entity unless such entity agrees to use amounts received from such grant to develop an employer-led education and training program (which may be focused on developing skills related to computer technology, computer-based manufacturing technology, telecommunications, and other information technologies) necessary to meet employer needs and market demand in specific occupations. (b) Conduct of Program.-- (1) In general.--In carrying out the program described in subsection (a), the eligible entity may provide for-- (A) an assessment of training and job skill needs for industry and other employers; (B) development of a sequence of skill standards that are correlated with advanced industry or occupational practices; (C) development of curriculum and training methods; (D) purchase or receipt of donations of training equipment; (E) identification of education and training providers; (F) development of apprenticeship programs; (G) development of education and training programs for incumbent and dislocated workers and new workers; (H) development of the membership of the entity; (I) development of internship, field, and technical project experiences; and (J) provision of assistance to member employers in their human resource development planning. (2) Additional requirement.--In carrying out the program described in subsection (a), the eligible entity shall-- (A) provide for development and tracking of performance outcome measures for the program and the education and training providers involved in the program; and (B) prepare and submit to the Secretary such reports as the Secretary may require on best practices developed by the entity through the education and training program. (c) Administrative Costs.--The eligible entity may use not more than 10 percent of the amount of such a grant to pay for administrative costs associated with the program described in subsection (a). SEC. 104. REQUIREMENT OF MATCHING FUNDS. The Secretary may not provide a grant under section 101 to an eligible entity unless such entity agrees that-- (1) the entity will make available non-Federal contributions toward the costs of carrying out activities under section 103 in an amount that is not less than $2 for each $1 of Federal funds provided under a grant under section 101; and (2) of such non-Federal contributions, not less than $1 of each such $2 shall be from employers with representatives serving on the eligible entity. SEC. 105. LIMIT ON ADMINISTRATIVE EXPENSES. The Secretary may use not more than 5 percent of the funds made available to carry out this title-- (1) to pay for Federal administrative costs associated with making grants under this title, including carrying out activities described in section 106; and (2) to develop and maintain an electronic clearinghouse of information on industry-led training consortia programs. SEC. 106. INFORMATION AND TECHNICAL ASSISTANCE. The Secretary shall distribute information and provide technical assistance to eligible entities on best practices developed through the education and training programs. SEC. 107. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $50,000,000 for each of the fiscal years 2001, 2002, and 2003. TITLE II--PLANNING GRANTS SEC. 201. AUTHORIZATION. (a) In General.--The Secretary of Commerce, in consultation with the Secretary of Labor, shall provide grants to States to enable the States to assist employers, organizations, and agencies described in section 101(b) in conducting planning to form consortia described in such section. (b) Maximum Amount of Grant.--The amount of a grant provided to a State under subsection (a) may not exceed $500,000 for any fiscal year. SEC. 202. APPLICATION. To be eligible to receive a grant under section 201, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. SEC. 203. REQUIREMENT OF MATCHING FUNDS. The Secretary may not provide a grant under section 201 to a State unless such State agrees that the State will make available non-Federal contributions toward the costs of carrying out activities under this title in an amount that is not less than $1 for each $1 of Federal funds provided under a grant under section 201. SEC. 204. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $50,000,000 for fiscal year 2001.

Requires such consortia to have a majority of representatives from not fewer than ten employers (or nonprofit organizations that represent employers) in a common industry or with common skill needs. Allows such consortia to have representatives from labor organizations, State and local governments, and education organizations. Gives priority for such grants to eligible entities that consist of a majority of representatives from small businesses. Sets requirements relating to maximum amount of grants, applications, use of program funds, matching funds, administrative expenses, and information and technical assistance. Authorizes appropriations. Title II: Planning Grants - Directs the Secretary of Commerce to make grants to States to assist employers, organizations, and agencies in conducting planning to form consortia under title I. Sets requirements relating to applications and matching funds. Authorizes appropriations.

Industry Training Consortia Act

SECTION 1. MEDICARE SELECT. (a) Amendments to Provisions Relating to Medicare Select Policies.-- (1) Permitting medicare select policies in all states.-- (A) In general.--Subsection (c) of section 4358 of the Omnibus Budget Reconciliation Act of 1990 is hereby repealed. (B) Conforming amendment.--Section 4358 of the Omnibus Budget Reconciliation Act of 1990 is amended by redesignating subsection (d) as subsection (c). (2) Requirements of medicare select policies.--Section 1882(t)(1) of the Social Security Act (42 U.S.C. 1395ss(t)(1)) is amended to read as follows: ``(1)(A) If a medicare supplemental policy meets the 1991 NAIC Model Regulation or 1991 Federal Regulation and otherwise complies with the requirements of this section except that-- ``(i) the benefits under such policy are restricted to items and services furnished by certain entities (or reduced benefits are provided when items or services are furnished by other entities), and ``(ii) in the case of a policy described in subparagraph (C)(i)-- ``(I) the benefits under such policy are not one of the groups or packages of benefits described in subsection (p)(2)(A), ``(II) except for nominal copayments imposed for services covered under part B of this title, such benefits include at least the core group of basic benefits described in subsection (p)(2)(B), and ``(III) an enrollee's liability under such policy for physician's services covered under part B of this title is limited to the nominal copayments described in subclause (II), the policy shall nevertheless be treated as meeting those standards if the policy meets the requirements of subparagraph (B). ``(B) A policy meets the requirements of this subparagraph if-- ``(i) full benefits are provided for items and services furnished through a network of entities which have entered into contracts or agreements with the issuer of the policy, ``(ii) full benefits are provided for items and services furnished by other entities if the services are medically necessary and immediately required because of an unforeseen illness, injury, or condition and it is not reasonable given the circumstances to obtain the services through the network, ``(iii) the network offers sufficient access, ``(iv) the issuer of the policy has arrangements for an ongoing quality assurance program for items and services furnished through the network, ``(v)(I) the issuer of the policy provides to each enrollee at the time of enrollment an explanation of-- ``(aa) the restrictions on payment under the policy for services furnished other than by or through the network, ``(bb) out of area coverage under the policy, ``(cc) the policy's coverage of emergency services and urgently needed care, and ``(dd) the availability of a policy through the entity that meets the 1991 Model NAIC Regulation or 1991 Federal Regulation without regard to this subsection and the premium charged for such policy, and ``(II) each enrollee prior to enrollment acknowledges receipt of the explanation provided under subclause (I), and ``(vi) the issuer of the policy makes available to individuals, in addition to the policy described in this subsection, any policy (otherwise offered by the issuer to individuals in the State) that meets the 1991 Model NAIC Regulation or 1991 Federal Regulation and other requirements of this section without regard to this subsection. ``(C)(i) A policy described in this subparagraph-- ``(I) is offered by an eligible organization (as defined in section 1876(b)), ``(II) is not a policy or plan providing benefits pursuant to a contract under section 1876 or an approved demonstration project described in section 603(c) of the Social Security Amendments of 1983, section 2355 of the Deficit Reduction Act of 1984, or section 9412(b) of the Omnibus Budget Reconciliation Act of 1986, and ``(III) provides benefits which, when combined with benefits which are available under this title, are substantially similar to benefits under policies offered to individuals who are not entitled to benefits under this title. ``(ii) In making a determination under subclause (III) of clause (i) as to whether certain benefits are substantially similar, there shall not be taken into account, except in the case of preventive services, benefits provided under policies offered to individuals who are not entitled to benefits under this title which are in addition to the benefits covered by this title and which are benefits an entity must provide in order to meet the definition of an eligible organization under section 1876(b)(1).''. (b) Renewability of Medicare Select Policies.--Section 1882(q)(1) of the Social Security Act (42 U.S.C. 1395ss(q)(1)) is amended: (1) by striking ``(1) Each'' and inserting ``(1)(A) Except as provided in subparagraph (B), each''; (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (3) by adding at the end the following new subparagraph: ``(B)(i) Except as provided in clause (ii), in the case of a policy that meets the requirements of subsection (t), an issuer may cancel or nonrenew such policy with respect to an individual who leaves the service area of such policy. ``(ii) If an individual described in clause (i) moves to a geographic area where an issuer described in clause (i), or where an affiliate of such issuer, is issuing medicare supplemental policies, such individual must be permitted to enroll in any medicare supplemental policy offered by such issuer or affiliate that provides benefits comparable to or less than the benefits provided in the policy being canceled or nonrenewed. An individual whose coverage is canceled or nonrenewed under this subparagraph shall, as part of the notice of termination or nonrenewal, be notified of the right to enroll in other medicare supplemental policies offered by the issuer or its affiliates. ``(iii) For purposes of this subparagraph, the term `affiliate' shall have the meaning given such term by the 1991 NAIC Model Regulation.''. (c) Civil Penalty.--Section 1882(t)(2) of the Social Security Act (42 U.S.C. 1395ss(t)(2)) is amended-- (1) by striking ``(2)'' and inserting ``(2)(A)''; (2) by redesignating subparagraphs (A), (B), (C), and (D) as clauses (i), (ii), (iii), and (iv), respectively; (3) in clause (iv), as redesignated-- (A) by striking ``paragraph (1)(E)(i)'' and inserting ``paragraph (1)(B)(v)(I); and (B) by striking ``paragraph (1)(E)(ii)'' and inserting ``paragraph (1)(B)(v)(II)''; (4) by striking ``the previous sentence'' and inserting ``this subparagraph''; and (5) by inserting at the end the following new subparagraph: ``(B) If the Secretary determines that an issuer of a policy approved under paragraph (1) has made a misrepresentation to the Secretary or has provided the Secretary with false information regarding such policy, the issuer is subject to a civil money penalty in an amount not to exceed $100,000 for each such determination. The provisions of section 1128A (other than the first sentence of subsection (a) and other than subsection (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a).''. (d) Effective Dates.-- (1) NAIC standards.--If, within 6 months after the date of the enactment of this Act, the National Association of Insurance Commissioners (hereafter in this subsection referred to as the ``NAIC'') makes changes in the 1991 NAIC Model Regulation (as defined in section 1882(p)(1)(A) of the Social Security Act) to incorporate the additional requirements imposed by the amendments made by this section, section 1882(g)(2)(A) of such Act shall be applied in each State, effective for policies issued to policyholders on and after the date specified in paragraph (3), as if the reference to the Model Regulation adopted on June 6, 1979, were a reference to the 1991 NAIC Model Regulation (as so defined) as changed under this paragraph (such changed Regulation referred to in this subsection as the ``1994 NAIC Model Regulation''). (2) Secretary standards.--If the NAIC does not make changes in the 1991 NAIC Model Regulation (as so defined) within the 6- month period specified in paragraph (1), the Secretary of Health and Human Services (hereafter in this subsection as the ``Secretary'') shall promulgate a regulation and section 1882(g)(2)(A) of the Social Security Act shall be applied in each State, effective for policies issued to policyholders on and after the date specified in paragraph (3), as if the reference to the Model Regulation adopted in June 6, 1979, were a reference to the 1991 NAIC Model Regulation (as so defined) as changed by the Secretary under this paragraph (such changed Regulation referred to in this subsection as the ``1994 Federal Regulation''). (3) Date specified.-- (A) In general.--Subject to subparagraph (B), the date specified in this paragraph for a State is the earlier of-- (i) the date the State adopts the 1994 NAIC Model Regulation or the 1994 Federal Regulation, or (ii) 1 year after the date the NAIC or the Secretary first adopts such regulations. (B) Additional legislative action required.--In the case of a State which the Secretary identifies, in consultation with the NAIC, as-- (i) requiring State legislation (other than legislation appropriating funds) in order for medicare supplemental policies to meet the 1994 NAIC Model Regulation or the 1994 Federal Regulation, but (ii) having a legislature which is not scheduled to meet in 1995 in a legislative session in which such legislation may be considered, the date specified in this paragraph is the first day of the first calendar quarter beginning after the close of the first legislative session of the State legislature that begins on or after January 1, 1995. 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.

Amends the Omnibus Budget Reconciliation Act of 1990 to: (1) make permanent the Medicare select policy program; and (2) allow access to Medicare select policies in all States. Amends title XVIII (Medicare) of the Social Security Act to revise the Medicare select policy program and provide for a civil penalty for misrepresentations made in connection with a Medicare select policy.

A bill to amend title XVIII of the Social Security Act to permit Medicare select policies in all States and to modify the requirements with respect to such policies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mutual Bank Capital Opportunity Act of 2017''. SEC. 2. TREATMENT OF MUTUAL CAPITAL CERTIFICATES. (a) In General.--Section 38 of the Federal Deposit Insurance Act (12 U.S.C. 1831o) is amended-- (1) in subsection (b)(2)-- (A) by redesignating subparagraphs (F) through (I) as subparagraphs (H) through (K), respectively; and (B) by inserting after subparagraph (E) the following new subparagraphs: ``(F) Mutual capital certificate.--The term `mutual capital certificate' means a financial instrument issued by a mutual depository pursuant to subsection (c)(1)(C) that-- ``(i) is subordinate to all claims against such mutual depository; ``(ii) is unsecured by the assets of such mutual depository; ``(iii) does not permit preemptive rights; ``(iv) does not provide voting or member rights to the holder unless the board of directors of such mutual depository proposes to change the specific terms of any class of such certificates in a manner adverse to the interests of the holder; ``(v) is not eligible for use as collateral for any loan made by such mutual depository; ``(vi) if declared by the board of directors of such mutual depository, entitles the holder to a payment of fixed, variable, or participating dividends; and ``(vii) is not redeemable until the date that is 5 years after the date of issuance, except in the case of merger, conversion, or consolidation of such mutual depository, or reorganization of such mutual depository into a mutual holding company or a Federal mutual bank holding company (as such term is defined in section 5133A(a) of the Revised Statutes of the United States). ``(G) Mutual depository.--The term `mutual depository' means an insured depository institution operating in a non-stock form, including a Federal non- stock depository and any form of non-stock depository provided for under State law, the deposits of which are insured by an instrumentality of the Federal Government.''; and (2) in subsection (c)(1)-- (A) in subparagraph (A), by inserting ``and subparagraph (C)'' after ``subparagraph (B)(ii)''; and (B) by inserting after subparagraph (B) the following new subparagraph: ``(C) Mutual capital certificates.--A mutual depository is authorized to issue mutual capital certificates that shall qualify as common equity Tier 1 capital (as such term is defined by the appropriate Federal banking agency) for purposes of any capital requirements mandated by any Federal law or regulation.''. (b) Regulations.-- (1) Implementation.--Not later than 180 days after the date of the enactment of this section, the appropriate Federal banking agencies (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) shall jointly issue regulations to implement this section. (2) Other financial instruments.-- (A) In general.--Not later than 90 days after the date of the enactment of this section, the appropriate Federal banking agencies shall jointly issue regulations identifying other financial instruments, aside from mutual capital certificates, that mutual depositories may issue that shall qualify as additional Tier 1 capital (as such term is defined by the appropriate Federal banking agency) for purposes of any capital requirements mandated by any Federal law or regulation. (B) Definitions.--The terms ``mutual capital certificate'' and ``mutual depository'' have the meaning given such terms in section 38(b)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1831o(b)(2)). (c) Report to Congress.--Not later than 6 months after the date of the enactment of this section, and every 6 months thereafter until the date which is 3 years after the date of the enactment of this section, the appropriate Federal banking agencies shall submit a report to Congress on the progress of such agencies in promulgating the regulations described in subsection (b). Such report shall include a description of outreach efforts to the financial industry and any barriers to implementation of the requirements of this section.

Mutual Bank Capital Opportunity Act of 2017 This bill amends the Federal Deposit Insurance Act to allow mutual capital certificates issued by a mutual depository (i.e., a federally insured depository institution operating in a non-stock form) to qualify as common-equity Tier 1 capital for purposes of satisfying federal capital requirements. A "mutual capital certificate" is a financial instrument that: (1) is subordinate to all claims against, and unsecured by the assets of, the issuing mutual depository; (2) does not permit preemptive rights; (3) in general, does not provide voting or member rights; (4) is not eligible for use as collateral for any loan made by the issuing mutual depository; (5) entitles the holder to a payment of fixed, variable, or participating dividends (if the depository's board so declares); and (6) is generally not redeemable until five years after issuance. The appropriate federal banking agencies must jointly issue regulations to implement these provisions and to identify other financial instruments issued by mutual depositories that shall qualify as additional Tier 1 capital for purposes of federal capital requirements. The agencies must submit to Congress a series of reports on their progress in promulgating such regulations.

Mutual Bank Capital Opportunity Act of 2017