santoshtyss/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Anti-Semitism Review Act of 2004''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Acts of anti-Semitism in countries throughout the world, including some of the world's strongest democracies, have increased significantly in frequency and scope over the last several years. (2) During the first 3 months of 2004, there were numerous instances of anti-Semitic violence around the world, including the following incidents: (A) In Australia on January 5, 2004, poison was used to ignite, and burn anti-Semitic slogans into, the lawns of the Parliament House in the state of Tasmania. (B) In St. Petersburg, Russia, on February 15, 2004, vandals desecrated approximately 50 gravestones in a Jewish cemetery, painting the stones with swastikas and anti-Semitic graffiti. (C) In Toronto, Canada, over the weekend of March 19 through March 21, 2004, vandals attacked a Jewish school, a Jewish cemetery, and area synagogues, painting swastikas and anti-Semitic slogans on the walls of a synagogue and on residential property in a nearby, predominantly Jewish, neighborhood. (D) In Toulon, France, on March 23, 2004, a Jewish synagogue and community center were set on fire. (3) Anti-Semitism in old and new forms is also increasingly emanating from the Arab and Muslim world on a sustained basis, including through books published by government-owned publishing houses in Egypt and other Arab countries. (4) In November 2002, state-run television in Egypt broadcast the anti-Semitic series entitled ``Horseman Without a Horse,'' which is based upon the fictitious conspiracy theory know as the Protocols of the Elders of Zion. The Protocols have been used throughout the last century by despots such as Adolf Hitler to justify violence against Jews. (5) In November 2003, Arab television featured an anti- Semitic series, entitled ``Ash-Shatat'' (or ``The Diaspora''), which depicts Jewish people hatching a plot for Jewish control of the world. (6) The sharp rise in anti-Semitic violence has caused international organizations such as the Organization for Security and Cooperation in Europe (OSCE) to elevate, and bring renewed focus to, the issue, including the convening by the OSCE in June 2003 of a conference in Vienna dedicated solely to the issue of anti-Semitism. (7) The OSCE will again convene a conference dedicated to addressing the problem of anti-Semitism on April 28-29, 2004, in Berlin, with the United States delegation to be led by former Mayor of New York City Ed Koch. (8) The United States Government has strongly supported efforts to address anti-Semitism through bilateral relationships and interaction with international organizations such as the OSCE, the European Union, and the United Nations. (9) Congress has consistently supported efforts to address the rise in anti-Semitic violence. During the 107th Congress, both the Senate and the House of Representatives passed resolutions expressing strong concern with the sharp escalation of anti-Semitic violence in Europe and calling on the Department of State to thoroughly document the phenomenon. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States Government should continue to strongly support efforts to combat anti-Semitism worldwide through bilateral relationships and interaction with international organizations such as the OSCE; and (2) the Department of State should thoroughly document acts of anti-Semitism that occur around the world. SEC. 4. REPORT. Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a report on acts of anti-Semitism around the world, including a description of-- (1) acts of physical violence against, or harassment of, Jewish people, and acts of violence against, or vandalism of, Jewish community institutions, such as schools, synagogues, or cemeteries, that occurred in each country; (2) the responses of the governments of those countries to such actions; (3) the actions taken by such governments to enact and enforce laws relating to the protection of the right to religious freedom of Jewish people; and (4) the efforts by such governments to promote anti-bias and tolerance education.

Global Anti-Semitism Review Act of 2004 - Expresses the sense of Congress that: (1) the United States Government should continue to support efforts to combat anti-Semitism worldwide through bilateral relationships and interaction with international organizations; and (2) the Department of State should document anti-Semitic acts around the world. Directs the Secretary of State to report on anti-Semitic acts around the world, including governmental responses to such acts.

To require a report on acts of anti-Semitism around the world.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop the Sale of Murderabilia to Protect the Dignity of Crime Victims Act of 2007''. SEC. 2. RESTRICTIONS ON THE MAILING AND DELIVERY PRIVILEGES OF STATE AND FEDERAL PRISONERS FOR COMMERCIAL PURPOSES. (a) In General.--Chapter 87 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1794. Restrictions on the mailing and delivery privileges of State and Federal prisoners for commercial purposes ``(a) In General.--Except as provided in subsection (d), any person who, while incarcerated in a prison, knowingly deposits for mailing or delivery, or knowingly causes to be delivered by mail, any property, article, or object, with intent that the property, article, or object be placed in interstate or foreign commerce, shall be fined under this title and imprisoned not less than 3 years and not more than 10 years. Any sentence imposed under this subsection shall run consecutive to any other sentence imposed. ``(b) Period of Limitations.--An indictment for any offense punishable under this section may be found at any time without limitation. ``(c) Guidelines.--The Director of the Bureau of Prisons and the head of the department of corrections, or other similar agency, for any State may promulgate uniform guidelines to restrict the privileges of any person that violates this section. ``(d) Exception.--A person incarcerated in a prison may mail or deliver or cause to be delivered by mail title to real property, title to motor vehicles, or a security if-- ``(1) the mailing or delivery is to satisfy debt that is-- ``(A) imposed by law or a court order, including-- ``(i) support obligations; ``(ii) property taxes; ``(iii) income taxes; ``(iv) back taxes; ``(v) a legal judgment, fine, or restitution; ``(vi) fees to cover the cost of incarceration, including fees for health care while incarcerated imposed under section 4048; and ``(vii) other financial obligations mandated by law or a court order; or ``(B) incurred through a contract for-- ``(i) legal services; ``(ii) a mortgage on the primary residence of the immediate family of the prisoner; ``(iii) the education or medical care of the prisoner or a member of the immediate family of the prisoner; or ``(iv) life, health, home, or car insurance; or ``(2) the prisoner's consent is required by law to transfer title for real property, a motor vehicle, or security, where a person who is not incarcerated in a prison is the owner or a co-owner of that real property, motor vehicle, or security. ``(e) Definitions.--In this section-- ``(1) the term `prison'-- ``(A) means a Federal or State correctional, detention, or penal facility or any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the Attorney General of the United States or with a State; and ``(B) does not include a halfway house or location where a person is under home confinement; ``(2) the term `security' means-- ``(A) a note, stock certificate, treasury stock certificate, bond, treasury bond, debenture, certificate of deposit, interest coupon, bill, check, draft, warrant, debit instrument (as that term is defined in section 916(c) of the Electronic Fund Transfer Act (15 U.S.C. 1693n(c))), money order, traveler's check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest in or participation in a profit-sharing agreement, collateral-trust certificate, pre-reorganization certificate of subscription, transferable share, investment contract, or voting trust certificate; ``(B) a certificate of interest in, certificate of participation in, certificate for, receipt for, or warrant or option or other right to subscribe to or purchase any item described in subparagraph (A); or ``(C) a blank form of any item described in subparagraph (A) or (B); and ``(3) the terms `State' and `support obligation' have the meanings given those terms in section 228.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 87 of title 18, United States Code, is amended by adding at the end the following: ``1794. Restrictions on the mailing and delivery privileges of State and Federal prisoners for commercial purposes.''. SEC. 3. CRIMINAL FORFEITURE. Section 982(a) of title 18, United States Code, is amended by adding at the end the following: ``(9) The court, in sentencing a defendant convicted of an offense under section 1794, or of a conspiracy to commit such an offense, shall order that the defendant forfeit to the United States any real or personal property-- ``(A) used or intended to be used to commit, to facilitate, or to promote the commission of such offense; and ``(B) constituting, derived from, or traceable to the gross proceeds that the defendant obtained directly or indirectly as a result of the offense.''. SEC. 4. CIVIL FORFEITURE. Any property subject to forfeiture under section 982(a)(9) of title 18, United States Code, as added by this Act, may be forfeited to the United States in a civil case in accordance with the procedures set forth in chapter 46 of title 18, United States Code. SEC. 5. CIVIL REMEDIES. (a) In General.--Any person aggrieved by reason of the conduct prohibited under section 1794 of title 18, United States Code, as added by this Act, may commence a civil action for the relief set forth in subsection (b). (b) Relief.--In any action commenced in accordance with subsection (a), the court may award appropriate relief, including-- (1) temporary, preliminary, or permanent injunctive relief; (2) compensatory and punitive damages; and (3) the costs of the civil action and reasonable fees for attorneys and expert witnesses.

Stop the Sale of Murderabilia to Protect the Dignity of Crime Victims Act of 2007 - Amends the federal criminal code to: (1) restrict the items that a federal prisoner may place in the mail or for delivery; and (2) provide for civil and criminal forfeiture of real or personal property used to commit a crime or obtained as a result of such crime. Provides civil remedies, including injunctions, damages, and attorney fees, for persons aggrieved by federal prisoners using the mail in violation of this Act.

A bill to amend chapter 87 of title 18, United States Code, to end the terrorizing effects of the sale of murderabilia on crime victims and their families.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bipartisan Commission on Social Security Reform Act of 2001''. SEC. 2. FINDINGS. The Congress finds the following: (1) The 2000 Report of the Social Security Board of Trustees projects that the receipts financing the Social Security trust funds will fall below its outgo in 2015 and the trust funds will be depleted in 2037. At that time only 72 percent of Social Security benefits would be payable then with incoming receipts. (2) The primary reason is demographic: the post-World War II baby boomers will begin retiring in less than a decade and life expectancy is rising. By 2025 the number of people age 65 and older is predicted to grow by 75 percent. In contrast, the number of workers supporting the system would grow by 13 percent. (3) If there are no other surplus governmental receipts, policymakers would have 3 choices: raise taxes or other income, cut spending, or borrow the money. Mirroring this adverse outlook are public opinion polls showing that fewer than 50 percent of respondents are confident that Social Security can meet its long-term commitments. There also is a widespread perception that Social Security may not be as good a value in the future as it is today. (4) While it is accepted that Social Security reform is needed without undue delay, there clearly is no consensus on how this should be accomplished. This was evident by the Report of the 1994-1996 Social Security Advisory Council, which provided 3 very different plans but none of which received a majority's endorsement. It also is reflected by the many bills introduced in the 105th Congress and the 106th Congress and proposals by the administration that represent a diversity of approaches to Social Security reform. As a result of differences within Congress and with the administration, there has been no movement on Social Security reform. (5) This state of affairs shows the need to develop consensus legislation between Congress and the administration that can be enacted into law without undue delay. To accomplish this there is to be established a Bipartisan Commission on Social Security Reform charged with developing a unified proposal to ensure the long-term retirement security of Americans. SEC. 3. ESTABLISHMENT OF COMMISSION. There is established in the legislative branch a Bipartisan Commission on Social Security Reform (in this Act referred to as the ``Commission''). SEC. 4. DUTIES OF THE COMMISSION. The Commission shall design a single set of legislative and administrative recommendations for long-range reforms for restoring the solvency of the Social Security system, and maintaining retirement income security in the United States. SEC. 5. COMPOSITION OF THE COMMISSION. (a) Number and Appointment.--The Commission shall be composed of 17 members, of whom-- (1) 3 members shall be selected by the Speaker of the House of Representatives, 1 from among Members of the House, and 2 from among private citizens; (2) 3 members shall be selected by the majority leader of the Senate, 1 from among Members of the Senate, and 2 from among private citizens; (3) 3 members shall be selected by the minority leader of the House of Representatives, 1 from among Members of the House, and 2 from among private citizens; (4) 3 members shall be selected by the minority leader of the Senate, 1 from among Members of the Senate, and 2 from among private citizens; and (5) 5 members shall be selected by the President, 2 from among officers of the executive branch of the United States Government, and 3 from among private citizens. The Commissioner of Social Security shall be an ex officio, nonvoting member of the Commission. (b) Qualifications.--The members of the Commission shall consist of individuals who are of recognized standing and distinction who can represent the multiple generations who have a stake in the viability of the Social Security system, and who possess a demonstrated capacity to discharge the duties imposed on the Commission. At least 1 of the members shall be appointed from individuals representing the interests of employees, and at least 1 of the members shall be appointed from individuals representing the interests of employers. (c) Chair.--The officials referred to in paragraphs (1) through (5) of subsection (a) shall designate a member of the Commission to serve as Chair of the Commission (or 2 of the members of the Commission to serve as Co-Chairs of the Commission) who shall chair (or jointly chair) the Commission, determine its duties, and supervise its staff. (d) Terms of Appointment.--The members of the Commission shall be appointed not more than 30 days after the date of the enactment of this Act. The members of the Commission shall serve for the life of the Commission. (e) Vacancies.--A vacancy in the Commission shall not affect the power of the remaining members to execute the duties of the Commission but any such vacancy shall be filled in the same manner in which the original appointment was made. SEC. 6. PROCEDURES. (a) Meetings.--The Commission shall meet at the call of its Chair (or Co-Chairs) or a majority of its members. If after 30 days after the date of the enactment of this Act, 9 or more members of the Commission have been appointed, members who have been appointed may meet and select the Chair (or Co-Chairs) who thereafter shall have the authority to begin the operations of the Commission, including the hiring of staff. (b) Quorum.--A quorum shall consist of nine members of the Commission, except that a lesser number may conduct a hearing under subsection (c). (c) Hearings and Other Activities.--For the purpose of carrying out its duties, the Commission may hold such hearings and undertake such other activities as the Commission determines necessary to carry out its duties. (d) Obtaining Information.--Upon request of the Commission, the Commissioner of Social Security and the head of any other agency or instrumentality of the Federal Government shall furnish information deemed necessary by the panel to enable it to carry out its duties. SEC. 7. ADMINISTRATION. (a) Compensation.--Except as provided in subsection (b), members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission. (b) Travel Expenses and Per Diem.--Each member of the Commission who is not a present Member of the Congress and who is not otherwise an officer or employee of the Federal Government shall receive travel expenses and per diem in lieu of subsistence in accordance with sections 5702 and 5703 of title 5, United States Code. (c) Staff and Support Services.-- (1) Staff director.-- (A) Appointment.--The Chair (or Co-Chairs) in accordance with the rules agreed upon by the Commission shall appoint a staff director for the Commission. (B) Compensation.--The staff director shall be paid at a rate not to exceed the rate established for level V of the Executive Schedule under section 5315 of title 5, United States Code. (2) Staff.--The Chair (or Co-Chairs) in accordance with the rules agreed upon by the Commission shall appoint such additional personnel as the Commission determines to be necessary. (3) Applicability of civil service laws.--The staff director and other members of the staff of the Commission shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall 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. (4) Experts and consultants.--With the approval of the Commission, the staff director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (d) Physical Facilities.--The Architect of the Capitol, in consultation with the appropriate entities in the legislative branch, shall locate and provide suitable office space for the operation of the Commission on a nonreimbursable basis. The facilities shall serve as the headquarters of the Commission and shall include all necessary equipment and incidentals required for the proper functioning of the Commission. (e) Administrative Support Services and Other Assistance.-- (1) Upon the request of the Commission, the Architect of the Capitol, the Commissioner of Social Security, and the Administrator of General Services shall provide to the Commission on a nonreimbursable basis such administrative support services as the Commission may request. (2) In addition to the assistance set forth in paragraphs (1) and (2), departments and agencies of the United States may provide the Commission such services, funds, facilities, staff, and other support services as the Commission may deem advisable and as may be authorized by law. (g) Use of Mails.--The Commission may use the United States mails in the same manner and under the same conditions as Federal agencies and shall, for purposes of the frank, be considered a commission of Congress as described in section 3215 of title 39, United States Code. (h) Printing.--For purposes of costs relating to printing and binding, including the cost of personnel detailed from the Government Printing Office, the Commission shall be deemed to be a committee of the Congress. SEC. 8. REPORT. Not later than 6 months after the date of the first meeting of the Commission, the Commission shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report which shall contain a detailed statement of the findings and conclusions of the Commission, including the set of recommendations required under section 4. The report shall be approved by at least nine members of the Commission. SEC. 9. TERMINATION. The Commission shall terminate 30 days after submitting its final report. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary for the activities of the Commission. Until such time as funds are otherwise specifically appropriated for such activities, $2,000,000 shall be available for the activities of the Commission from funds otherwise currently appropriated for administrative expenses of the Social Security Administration pursuant to section 201(g)(1)(A) of the Social Security Act.

Bipartisan Commission on Social Security Reform Act of 2001 - Establishes in the legislative branch a Bipartisan Commission on Social Security Reform to design a single set of legislative and administrative recommendations for long-range reforms for: (1) restoring the solvency of the Social Security system; and (2) maintaining retirement income security in the United States.

To establish a Bipartisan Commission on Social Security Reform.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Work Incentive and Self-Sufficiency Act of 1996''. SEC. 2. RETURN-TO-WORK PROGRAM FOR SOCIAL SECURITY DISABILITY INCOME BENEFICIARIES. (a) SSDI Work Incentive Threshold.-- (1) In general.--Section 223(a) of the Social Security Act (42 U.S.C. 423(a)) is amended by adding at the end the following new paragraph: ``(3)(A) Except as provided in subparagraph (B), an individual's disability insurance benefit for any month shall be reduced by such individual's excess earnings under rules similar to the rules under section 203, except that-- ``(i) for purposes of section 203(f)(3), an individual's excess earnings for a taxable year shall be 50 percent of the individual's earnings for such year in excess of the product of the applicable exempt amount and the number of months in such year; and ``(ii) for purposes of section 203(f)(8)(D), the applicable exempt amount for any taxable year ending after 1996 shall be $500 for each month of such year. ``(B) In the case of an individual who is a blind or disabled individual who is receiving benefits under this section and title XVI, such individual's benefits under this section shall be reduced under subparagraph (A) only after the individual's benefits under title XVI are reduced in the same manner.''. (2) Conforming amendments.-- (A) Section 223(a)(2) of such Act is amended by striking ``section 202(q)'' and inserting ``paragraph (3), section 202(q),''. (B) Paragraphs (1) and (2) of section 1611(b) of such Act (42 U.S.C. 1382(b)) are each amended by striking ``The benefit'' and inserting ``Except as provided in section 223(a)(3)(B), the benefit''. (b) Repeal of Trial Work Period and Extended Period of Eligibility.-- (1) Subsection (c) of section 222 of the Social Security Act (42 U.S.C. 422) is repealed. (2) Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended-- (A) by striking ``subject to subsection (e), the termination month'' and inserting ``the third month following the month in which his disability ceases''; and (B) by striking the second sentence. (3) Section 223 of such Act (42 U.S.C. 423) is amended by striking subsection (e). (4) Section 202(d)(1)(G)(i) (42 U.S.C. 402(d)(1)(G)(i)) is amended to read as follows: ``(i) the third month following the month in which his disability ceases,''. (5) Section 202(d)(6)(E) (42 U.S.C. 402(d)(6)(E)) is amended by striking ``the termination month (as defined in paragraph (1)(G)(i)), subject to section 223(e)'' and inserting ``the third month following the month in which his disability ceases''. (6) Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended-- (A) in the first sentence, by striking ``subject to section 223(e),''; and (B) by striking the second sentence and inserting ``For purposes of the preceding sentence, the termination month for any individual shall be the third month following the month in which her disability ceases.''. (7) Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended-- (A) in the first sentence, by striking ``subject to section 223(e),''; and (B) by striking the second sentence and inserting ``For purposes of the preceding sentence, the termination month for any individual shall be the third month following the month in which his disability ceases.''. SEC. 3. CONTINUED ELIGIBILITY FOR MEDICARE BENEFITS FOR DISABLED INDIVIDUALS WHOSE ANNUAL ADJUSTED GROSS INCOME DOES NOT EXCEED $15,000. Section 226(b) of the Social Security Act (42 U.S.C. 426(b)) is amended by striking the last 2 sentences thereof and inserting the following: ``For purposes of this subsection, an individual who is no longer eligible for cash benefits under section 223, after the application of subsection (a)(3) thereof, and whose entitlement to benefits or status as a qualified railroad retirement beneficiary as described in paragraph (2) has subsequently terminated, shall be deemed to be entitled to such benefits or to occupy such status (notwithstanding the termination of such entitlement or status) for the period of consecutive months throughout all of which the physical or mental impairment, on which such entitlement or status was based, continues, and until such individual's annual adjusted gross income exceeds $15,000.''. SEC. 4. MEDICARE BUY-IN PROVISIONS FOR DISABLED INDIVIDUALS WHO HAVE EXHAUSTED OTHER ENTITLEMENT AND FOR DISABLED INDIVIDUALS WHO ARE NOT OTHERWISE ELIGIBLE FOR MEDICARE BENEFITS. (a) Change in Payment for Hospital Insurance Benefits for Disabled Individuals Who Have Exhausted Other Entitlement.--Section 1818A(d)(2) of the Social Security Act (42 U.S.C. 1395i-2a(d)(2)) is amended to read as follows: ``(2)(i) The amount of an individual's monthly premium for any calendar year under this section shall be equal to the lesser of-- ``(I) 10 percent of such individual's adjusted gross income for the preceding calendar year; or ``(II) the amount of the premium determined under section 1818(d). ``(ii) The provisions of subsections (e) and (f) of section 1818 (relating to premiums) shall apply to individuals enrolled under this section in the same manner as such provisions apply to individuals enrolled under that section.''. (b) Hospital Insurance Benefits for Disabled Individuals Who Are Not Otherwise Eligible.--Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by inserting after section 1818A the following new section: ``hospital insurance benefits for disabled individuals who are not otherwise eligible ``Sec. 1818B. (a) Every individual who-- ``(1) has not attained the age of 65; ``(2) would have been entitled to benefits under this part under section 226(b) except that such individual's earnings exceeded the substantial gainful activity amount (as defined in section 223(d)(4)); ``(3)(i) continues to have the disabling physical or mental impairment on the basis of which the individual would have been found to be under a disability or to have been a disabled qualified railroad retirement beneficiary, or (ii) is blind (within the meaning of section 216(i)(1)); and ``(4) is not otherwise entitled to benefits under this part, shall be eligible to enroll in the insurance program established by this part. ``(b)(1) An individual may enroll under this section only in such manner and form as may be prescribed in regulations, and only during an enrollment period prescribed in regulations. ``(2) There shall be a general enrollment period during the period beginning on January 1 and ending on March 31 of each year (beginning with 1997). ``(c)(1) The period (in this subsection referred to as a ``coverage period'') during which an individual is entitled to benefits under the insurance program under this part shall begin, for an individual who enrolls under subsection (b), on the first day of the month following the month in which the individual so enrolls. ``(2) An individual's coverage period under this section shall continue until the individual's enrollment is terminated as follows: ``(A) As of the month following the month in which the Secretary provides notice to the individual that the individual no longer meets the condition described in subsection (a)(3). ``(B) As of the month following the month in which the individual files notice that the individual no longer wishes to participate in the insurance program established by this part. ``(C) As of the month before the first month in which the individual becomes eligible for hospital insurance benefits under section 226(a) or 226A. ``(D) As of a date, determined under regulations of the Secretary, for nonpayment of premiums. The regulations under subparagraph (D) may provide a grace period of not longer than 90 days, which may be extended to not to exceed 180 days in any case where the Secretary determines that there was good cause for failure to pay the overdue premiums within such 90-day period. Termination of coverage under this section shall result in simultaneous termination of any coverage affected under any other part of this title. ``(3) The provisions of subsections (h) and (i) of section 1837 apply to enrollment and nonenrollment under this section in the same manner as they apply to enrollment and nonenrollment and special enrollment periods under section 1818. ``(d)(1)(A) Premiums for enrollment under this section shall be paid to the Secretary at such times, and in such manner, as the Secretary shall by regulations prescribe, and shall be deposited in the Treasury to the credit of the Federal Hospital Insurance Trust Fund. ``(B)(i) Subject to clause (ii), such premiums shall be payable for the period commencing with the first month of an individual's coverage period and ending with the month in which the individual dies or, if earlier, in which the individual's coverage period terminates. ``(ii) Such premiums shall not be payable for any month in which the individual is eligible for benefits under this part pursuant to section 226(b). ``(2) The provisions of section 1818A(d)(2) shall apply to individuals enrolled under this section in the same manner as they apply to individuals enrolled under that section.''. (c) Premium for Supplementary Medical Insurance Benefits for Disabled Individuals Who Have Exhausted Other Entitlement and for Disabled Individuals Who Are Not Otherwise Eligible.-- (1) In general.--Section 1839 of the Social Security Act (42 U.S.C. 1395r) is amended by adding at the end the following new subsection: ``(h)(1) Notwithstanding the provisions of subsections (a) and (e), the monthly premium for each individual who is-- ``(A) eligible for enrollment under this part because such individual is eligible for benefits under part A under section 1818A or 1818B; and ``(B) enrolled under this part, shall be an amount determined under paragraph (2). ``(2) The amount of monthly premium for each individual described under paragraph (1) shall be established by the Administrator of the Health Care Financing Administration based on the individual's adjusted gross income, and determined over a sliding scale-- ``(A) beginning at 50 percent of the monthly actuarial rate for enrollees age 65 and over, as determined under subsection (a)(1) and applicable to such month, for individuals who have the minimum level of adjusted gross income established for eligibility under section 1818A; and ``(B) ending at 100 percent of the monthly actuarial rate for enrollees age 65 and over, as determined under subsection (a)(1) and applicable to such month, for individuals required to pay a monthly premium under section 1818A at the level established under section 1818(d).''. (2) Initial open enrollment and secondary payor requirements for disabled individuals who are not otherwise eligible.-- (A) Initial open enrollment.--Section 1837(g) of the Social Security Act (42 U.S.C. 1395p(g)) is amended-- (i) by striking ``and'' at the end of paragraph (2)(B); (ii) by striking the period at the end of paragraph (3) and inserting ``; and''; and (iii) by adding at the end the following new paragraph: ``(4) in the case of an individual who satisfies subsection (f) by reason of entitlement to enroll for benefits under section 1818B, the Secretary shall establish by regulation such individual's initial enrollment period.''. (B) Secondary payor.--Section 1862(b)(1)(B)(i) of the Social Security Act (42 U.S.C. 1395y(b)(1)(B)(i)) is amended by inserting ``or entitled to enroll for benefits under this title under section 1818B'' after ``section 226(b)''. SEC. 5. MEDICARE/MEDICAID INTEGRATION DEMONSTRATION PROJECT. (a) Description of Projects.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall conduct demonstration projects under this section to demonstrate the manner in which States may use funds from the Medicare program under title XVIII of the Social Security Act and the Medicaid program under title XIX of such Act (in this section referred to as the ``Medicare and Medicaid programs'') for the purpose of providing a more cost-effective full continuum of care for delivering services to meet the needs of chronically-ill elderly and disabled beneficiaries who are eligible for items and services under such programs, through integrated systems of care, with an emphasis on case management, prevention, and interventions designed to avoid institutionalization whenever possible. The Secretary shall use funds from the amounts appropriated for the Medicare and Medicaid programs to make the payments required under subsection (d)(1). (2) Option to participate.--A State may not require an individual eligible to receive items and services under the Medicare and Medicaid programs to participate in a demonstration project under this section. (b) Establishment.--The Secretary shall make payments in accordance with subsection (d) for the conduct of demonstration projects that provide for integrated systems of care in accordance with subsection (a). Not more than 10 demonstration projects shall be conducted under this section. (c) Applications.--Each State, or a coalition of States, desiring to conduct a demonstration project under this section shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including an explanation of a plan for evaluating the project. The Secretary shall approve or deny an application not later than 90 days after the receipt of such application. (d) Payments.-- (1) In general.--For each calendar quarter occurring during a demonstration project conducted under this section, the Secretary shall pay to each entity designated under paragraph (3) an amount equal to the Federal capitated payment rate determined under paragraph (2). (2) Federal capitated payment rate.--The Secretary shall determine the Federal capitated payment rate for purposes of this section based on the anticipated Federal quarterly cost of providing care to chronically-ill elderly and disabled beneficiaries who are eligible for items and services under the Medicare and Medicaid programs and who have elected to participate in a demonstration project under this section. (3) Designation of entity.-- (A) In general.--Each State, or coalition of States, shall designate entities to directly receive the payments described in paragraph (1). (B) Requirement.--A State, or a coalition of States, may not designate an entity under subparagraph (A) unless such entity meets the quality, solvency, and coverage standards applicable to providers of items and services under the Medicare and Medicaid programs. (4) State payments.--Each State conducting, or in the case of a coalition of States, participating in a demonstration project under this section shall pay to the entities designated under paragraph (3) an amount equal to the product of (A) 100 percent minus the applicable Federal medical assistance percentage (as defined in section 2122(e) of the Social Security Act) for the State, and (B) the expenditures under the project attributable to the Medicaid program for items and services provided to chronically-ill elderly and disabled beneficiaries who have elected to participate in the demonstration. (5) Budget neutrality.--The aggregate amount of Federal payments to entities designated by a State, or coalition of States, under paragraph (3) for a fiscal year shall not exceed the aggregate amount of such payments that would otherwise have been made under the Medicare and Medicaid programs for such fiscal year for items and services provided to beneficiaries under such programs but for the election of such beneficiaries to participate in a demonstration project under this section. (e) Duration.-- (1) In general.--The demonstration projects conducted under this section shall be conducted for a 5-year period, subject to annual review and approval by the Secretary. (2) Termination.--The Secretary may, with 90 days' notice, terminate any demonstration project conducted under this section that is not in substantial compliance with the terms of the application approved by the Secretary under this section. (f) Oversight.--The Secretary shall establish quality standards for evaluating and monitoring the demonstration projects conducted under this section. Such quality standards shall include reporting requirements which contain the following: (1) A description of the demonstration project. (2) An analysis of beneficiary satisfaction under such project. (3) An analysis of the quality of the services delivered under the project. (4) A description of the savings to the Medicare and Medicaid programs as a result of the demonstration project. SEC. 6. REPEAL OF MEDICARE AND MEDICAID COVERAGE DATA BANK. (a) In General.--Section 13581 of the Omnibus Budget Reconciliation Act of 1993 is hereby repealed. (b) Application of the Social Security Act.--The Social Security Act shall be applied and administered as if section 13581 of the Omnibus Budget Reconciliation Act of 1993 (and the amendments made by such section) had not been enacted. SEC. 7. EFFECTIVE DATE. The amendments made by sections 2, 3, and 4 shall apply with respect to taxable years ending after 1996.

Work Incentive and Self-Sufficiency Act of 1996 - Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVIII (Medicare) of the Social Security Act to make a variety of specified changes designed to create a work incentive policy for social security disability income (SSDI) beneficiaries by: (1) repealing the trial work period and extended period of eligibility; (2) providing for continued Medicare eligibility for disabled individuals whose annual adjusted gross income does not exceed $15,000; (3) revising payment for Medicare hospital insurance benefits for disabled individuals who have exhausted other entitlement; and (4) providing for hospital insurance benefits for certain disabled individuals who are not otherwise eligible for them. Revises the premium for supplementary medical insurance benefits for disabled individuals who have exhausted other entitlement and for certain disabled individuals who are not otherwise eligible. Directs the Secretary of Health and Human Services to conduct projects to demonstrate the manner in which States may use funds from the Medicare and Medicaid programs to provide a more cost-effective full continuum of care for delivering services to meet the needs of chronically-ill elderly and disabled beneficiaries who are eligible for items and services under such programs, through integrated systems of care, with an emphasis on case management, prevention, and interventions designed to avoid institutionalization whenever possible. Amends the Omnibus Budget Reconciliation Act of 1993 to repeal the Medicare and Medicaid Coverage Data Bank.

Work Incentive and Self-Sufficiency Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Housing, Awareness, and Navigation Demonstration Services for Individuals With Autism Spectrum Disorders Act of 2009'' or the ``Helping HANDS for Autism Act of 2009''. TITLE I--AUTISM NAVIGATOR PROGRAM SEC. 101. AUTISM NAVIGATOR PROGRAM. Part R of title III of the Public Health Service Act (42 U.S.C. 280i et seq.) is amended by inserting after section 399DD the following: ``SEC. 399DD-1. AUTISM NAVIGATOR PROGRAM. ``(a) Authorization of Grant Program.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Housing and Urban Development and the Secretary of Education, shall establish a demonstration grant program to award grants to eligible entities to enable such entities to develop an autism navigator program to create a more efficient, effective, coordinated use of the health, housing, education, and social service systems for individuals with an autism spectrum disorder. ``(2) Eligible entity.-- ``(A) In general.--In this section, the term `eligible entity' means subject to subparagraph (B), an entity that has-- ``(i) not less than 2 years experience serving the autism community in an advocacy or service capacity; and ``(ii) a-- ``(I) behaviorist with at least a master's degree on staff or in a consultation capacity who has experience in applied behavioral analysis; ``(II) Board Certified Behavior Analyst on staff; ``(III) special educator with training in autism spectrum disorders on staff; ``(IV) rehabilitation professional with training in autism spectrum disorders on staff; or ``(V) master's level professional with training in autism spectrum disorders on staff. ``(B) Secretary's determination.--Notwithstanding subparagraph (A), the Secretary may determine who qualifies as an eligible entity under this section. ``(b) Application for a Grant.-- ``(1) In general.--An eligible entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner and form, and containing such information, agreements, and assurances as the Secretary determines to be necessary to carry out this section. ``(2) Outreach services.--An application submitted under paragraph (1) shall contain an assurance that the applicant will provide ongoing outreach activities while receiving a grant under this section, in a manner that is culturally competent for the population served, to inform the public and the specific community that the autism navigator is serving, of the services under the grant. ``(c) Development of Autism Navigator Program.-- ``(1) Autism navigators.-- ``(A) In general.--The Secretary shall determine the functions of autism navigators under this section. ``(B) Types of functions.--The functions of an autism navigator under this section may include-- ``(i) with respect to an individual with an autism spectrum disorder and such individual's family-- ``(I) coordinating and scheduling appointments and referrals, community outreach, assistance with transportation, housing or education arrangements, and assistance with insurance issues and other barriers to care; ``(II) case management and psychosocial assessment and care or information and referral to such services; ``(III) contact and care coordination of health care, including psychosocial assessment and care, and other community services, provider referrals, financial support and service coordination, including transportation, housing, and education; ``(IV) determining coverage under health insurance and health plans for all services; ``(V) aiding with health insurance coverage issues; and ``(VI) ensuring the initiation, continuation, or sustained access to care prescribed by the individual's health care providers; ``(ii) facilitating partnerships within the health care and advocacy community to assist outreach to the underserved autism community; ``(iii) notifying individuals and their families as to autism clinical trials and, on request, facilitating enrollment of eligible individuals; ``(iv) anticipating, identifying, and helping individuals with an autism spectrum disorder overcome barriers in accessing and securing appropriate services in a timely manner; ``(v) coordinating with State departments responsible for human services, education, health and senior services, housing, community affairs, and labor in providing services to individuals with an autism spectrum disorder and their families; ``(vi) identifying caregiver supports for those caring for individuals with an autism spectrum disorder, including mentoring, support groups, community resources, and legal consultation; ``(vii) identifying, mentoring, and supporting culturally sensitive caregivers of individuals with an autism spectrum disorder; and ``(viii) serving as a reliable, expert resource for advice, support, and direction to access early intervention services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.), health insurance (public or private), housing programs, financial security programs, Medicare services under title XVIII of the Social Security Act, and Medicaid services under title XIX of the Social Security Act. ``(2) Development of program.-- ``(A) In general.--An eligible entity that receives a grant under this section shall develop an autism navigator program that will recruit, employ, train, assign, and supervise autism navigators. ``(B) Duration of grants.--A grant provided under this section shall be-- ``(i) for a period of not more than 5 years; and ``(ii) subject to annual approval by the Secretary and subject to the availability of appropriations for the fiscal year involved. ``(C) No limitation on number of grants.--Nothing in this paragraph shall be construed to limit the number of grants that may be made to an eligible entity. ``(3) Outreach.--An autism navigator program developed under paragraph (2) shall reach out to appropriate physician offices and treatment centers to encourage such physicians and centers, respectively, to refer individuals with an autism spectrum disorder to such program, which will offer autism navigation services described in this subsection. ``(4) Training and preparation.--An autism navigator program developed under paragraph (2) shall train and prepare autism navigators as follows: ``(A) Autism navigators shall have direct knowledge of the communities they serve and provide services to such communities in a culturally competent manner. ``(B) Autism navigators shall be informed about health insurance systems and other community services, and be able to aid individuals in resolving access issues. ``(C) Autism navigators shall have direct knowledge of the unique needs of individuals with an autism spectrum disorder and the current evidence-based practices that are available to such individuals through Federal programs and in the State involved. ``(5) Managing care.--An autism navigator program developed under paragraph (2) shall assign autism navigators, in accordance with applicable criteria of the Secretary, for-- ``(A) managing the care of individuals with an autism spectrum disorder; and ``(B) assisting such individuals and families of such individuals with navigating the life service continuum. ``(6) Centralized access.--An autism navigator program developed under paragraph (2) shall provide centralized access for individuals with an autism spectrum disorder to multiple Federal and State activities and programs related to autism spectrum disorders, including such activities and programs carried out by-- ``(A) the Administration for Children and Families; ``(B) the Centers for Disease Control and Prevention; ``(C) the Centers for Medicare & Medicaid Services; ``(D) the Collaborative Programs of Excellence in Autism; ``(E) the Department of Health and Human Services; ``(F) the Health Resources and Services Administration; ``(G) the Interagency Autism Coordinating Committee; ``(H) the National Institutes of Health; ``(I) the National Institute of Mental Health; ``(J) the Studies to Advance Autism Research and Treatment; ``(K) the Department of Housing and Urban Development; ``(L) the Department of Education; and ``(M) the Department of Labor. ``(7) Data collection and report.-- ``(A) In general.--Each recipient of a grant under this section shall-- ``(i) collect specific autism data that records navigation services provided to each individual served by the autism navigator program; and ``(ii) establish and implement procedures and protocols, consistent with applicable Federal and State laws, to ensure the confidentiality of all information shared by a participant in the program, the participant's personal representative, and the participant's health care providers, group health plans, or health insurance insurers. ``(B) Disclosure of information.--A recipient of a grant under this section may, consistent with applicable Federal and State confidentiality laws, collect, use, or disclose aggregate information that is not individually identifiable. ``(C) Report.--Each recipient of a grant under this section shall submit an annual report to the Secretary that-- ``(i) summarizes and analyzes the data collected under subparagraph (A)(i); and ``(ii) provides information on needs for navigation services, types of access difficulties resolved, sources of repeated resolution, and flaws in the system of access, including insurance barriers. ``(d) Evaluations.--The Secretary shall provide, directly or through grants or contracts, for evaluations to determine the effects of the services of autism navigators. ``(e) Coordination With Other Programs.--The Secretary shall coordinate the demonstration grant program authorized under this section with programs authorized under the Children's Health Act of 2000 (Public Law 106-310), the Combating Autism Act of 2006 (Public Law 109-416), the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Medicaid home- and community-based service waivers program under section 1915(c) of the Social Security Act, title XIX of the Social Security Act, and other appropriate programs. ``(f) Rule of Construction.--Nothing in this section shall be construed to require payment for navigation services or to require payment for other services in cases where such other services are provided free of charge.''. TITLE II--AUTISM AWARENESS SEC. 201. TRAINING OF FIRST RESPONDERS IN THE RECOGNITION OF AUTISM. (a) Development of Curriculum.--The Secretary of Health and Human Services, in coordination with the Director of the Centers for Disease Control and Prevention and in consultation with the heads of other appropriate Federal agencies, shall develop, demonstrate, and disseminate a standard curriculum for the training of first responders in assisting individuals (and their families) with autism and other cognitive behavioral disabilities during potential and actual emergencies. (b) Training Grants.--The Secretary of Health and Human Services, in coordination with the Director of the Centers for Disease Control and Prevention and in consultation with the heads of other appropriate Federal agencies, shall award grants to States and local governments to train first responders (including the police, fire departments, emergency medical technicians, and other paid or volunteer first responders) in providing assistance to individuals with autism and other cognitive impairments in potential and actual emergency situations. (c) Requirement.--Training carried out under this section shall inform first responders of the risks associated with autism and other cognitive behavioral disabilities, as well as provide instruction in appropriate autism recognition and response techniques. TITLE III--HOME OF THEIR OWN SEC. 301. HOME OF THEIR OWN. (a) Task Force.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall convene a task force comprised of appropriate national and State autism advocacy groups, recipients of funds from the Department of Housing and Urban Development for housing for adults with an autism spectrum disorder, and community-based organizations that serve adults with an autism spectrum disorder. (b) Establishment of Grant Program.--The task force described in subsection (a) shall establish a housing demonstration grant program to award grants to entities (including States, localities, public and private partnerships, and community nonprofit and for-profit organizations) to enable such entities to provide a housing program for adults with an autism spectrum disorder, with the goal of providing individualized housing and services to such adults.

Helping Housing, Awareness, and Navigation Demonstration Services for Individuals With Autism Spectrum Disorders Act of 2009 or the Helping HANDS for Autism Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish a demonstration program to award grants to eligible entities to develop an autism navigator program to create a more efficient, effective, coordinated use of the health, housing, education, and social service systems for individuals with an autism spectrum disorder. Directs the Secretary to determine the functions of autism navigators, which may include: (1) case management and psychosocial assessment and care; (2) notifying individuals of autism clinical trials; (3) helping individuals overcome barriers in accessing and securing appropriate services in a timely manner; and (4) coordinating with relevant departments providing services to individuals with an autism spectrum disorder and their families. Requires a navigator program to provide centralized access for individuals with an autism spectrum disorder to multiple federal and state activities and programs related to autism spectrum disorders. Requires grantees to collect autism data and ensure confidentiality. Directs the Secretary to: (1) disseminate a standard curriculum for training first responders in assisting individuals with autism and other cognitive behavioral disabilities and their families during emergencies; and (2) award grants to states and local governments for such training. Requires the Secretary of Housing and Urban Development to provide for a program for adults with autism spectrum disorder with the goal of providing individualized housing and services.

To increase housing, awareness, and navigation demonstration services (HANDS) for individuals with autism spectrum disorders.

SECTION 1. ESTABLISHMENT OF THE NATIONAL REMOTE TEACHER CORPS. The Secretary of Education may establish the National Remote Teacher Corps (in this Act referred to as the ``Corps'') to fill teacher vacancies, reduce class sizes, and improve educational quality in qualified remote areas. SEC. 2. DESIGNATION AS A CORPS SITE. (a) In General.--In order to be designated as a Corps site, a local educational agency or charter school located in a qualified remote area shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents.--An application submitted under subsection (a) shall demonstrate that the agency or charter school is-- (1) experiencing a shortage of teachers; (2) willing to work with the Secretary to-- (A) promote teacher accountability and high standards for teachers; and (B) provide cooperation, support, and use of facilities for the programs described in section 10; (3) willing to provide mentorship and professional development programs to teachers; (4) willing to provide compensation in accordance with section 8(a) for each Corps participant placed with the agency or school under the Corps; and (5) willing to-- (A) work with the Secretary under section 9 to develop and implement an alternative certification route for individuals selected to be Corps participants; or (B) allow such individuals to participate in an existing alternative certification program that is in compliance with any requirements prescribed by the Secretary. SEC. 3. RECRUITMENT. The Secretary may-- (1) conduct recruiting programs for the Corps at institutions of higher education, including institutions that offer majors in the fields of education, science, technology, engineering, or mathematics; and (2) recruit current highly qualified elementary school or secondary school teachers. SEC. 4. APPLICATION; SELECTION CRITERIA; PRIORITY. (a) Application.--Selection of individuals to participate in the Corps shall be made on the basis of applications submitted to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Selection Criteria.--An individual selected to participate in the Corps shall-- (1) have at least a bachelor's degree from an institution of higher education; and (2) comply with such other criteria as the Secretary may prescribe. (c) Priority.--In selecting individuals to participate in the Corps, the Secretary shall give priority to individuals-- (1) with at least a master's degree in education (such as special education or teaching English as a second language), science, technology, engineering, or mathematics and who agree to seek employment as science, technology, engineering, mathematics, special education, or English as a second language teachers in elementary schools or secondary schools; or (2) who are highly qualified teachers with-- (A) 10 or more years of experience teaching students in elementary school or secondary school; or (B) equivalent qualifications and experience, as determined by the Secretary. SEC. 5. COMPENSATION FOR APPLICANTS. (a) In General.--The Secretary may reimburse an individual applying to participate in the Corps for the actual and reasonable expenses incurred-- (1) in traveling to and from the individual's place of residence to a Corps site at which the individual may be placed under section 6 for the purpose of evaluating such site with regard to being assigned at such site; and (2) for the travel of 1 family member to accompany the individual to such site. (b) Maximum Amount.--The Secretary may establish a maximum total amount that may be paid to an individual as reimbursement for such expenses. SEC. 6. PLACEMENT OF CORPS PARTICIPANTS. (a) In General.--The Secretary shall place each individual selected to be a Corps participant with a local educational agency or charter school that is designated as a Corps site. (b) Considerations.--In placing a Corps participant at a Corps site, the Secretary shall take into account-- (1) the preference of the Corps participant; (2) the preferences of local educational agencies and charter schools that are Corps sites; and (3) the relative need among Corps sites with respect to teacher shortages, including-- (A) the total number of open teaching positions; (B) the number of teachers needed for class size reductions; and (C) the shortage of teachers with a particular subject-matter expertise. SEC. 7. PARTICIPATION AGREEMENT. (a) Participation Agreement.-- (1) In general.--An individual selected to participate in the Corps shall be required to enter into an agreement with the Secretary under which the individual agrees-- (A) within such time as the Secretary may require, to obtain certification or licensing as an elementary school teacher or secondary school teacher under section 9 or through another procedure approved by the Secretary; and (B) to accept an offer of full-time employment as an elementary school teacher or secondary school teacher for not less than 3 school years with a local educational agency or charter school that is a Corps site. (2) Waiver.--The Secretary may waive the 3-year commitment described in paragraph (1)(B), or any other requirement under a participation agreement described in paragraph (1), for a participant if the Secretary determines such waiver to be appropriate. If the Secretary provides the waiver to a participant, the participant-- (A) shall not be considered to be in violation of the agreement; and (B) shall not be required to provide reimbursement for any funds received as a Corps participant. (b) Agreement Renewal.--Upon completion of the 3-year commitment described in subsection (a)(1)(B), a Corp participant's participation agreement may be renewed in 1-year increments. SEC. 8. COMPENSATION FOR CORPS PARTICIPANTS. (a) Salary.--A Corps participant shall be considered an employee of the local educational agency or charter school in which the participant is employed under the Corps and shall be compensated at the same rates, including periodic increases, as employees who are similarly situated in similar teaching positions and who have similar training, experience, and skills, and such rates shall be in accordance with applicable law. (b) Federal Benefits.-- (1) Supplement, not supplant.--Any Federal funds a Corps participant receives from the Secretary under this section or section 5 shall supplement, not supplant, the compensation the participant receives under subsection (a) of this section. (2) Travel stipends.--The Secretary may reimburse each Corps participant for all or part of the actual and reasonable expenses incurred by the participant and 1 family member when traveling, not more than once per year of participation, from the Corps site to any location in the continental United States and from such location back to the Corps site. (3) Cash bonus.-- (A) In general.--The Secretary may award annual or one-time cash bonuses to Corps participants, in amounts determined by the Secretary. (B) Priority.--In awarding cash bonuses under subparagraph (A), the Secretary shall give priority to Corps participants-- (i) with at least a master's degree in education (such as special education or teaching English as a second language), science, technology, engineering, or mathematics and who are participating in the Corps as science, technology, engineering, mathematics, special education, or English as a second language teachers in elementary schools or secondary schools; or (ii) who are highly qualified teachers with-- (I) 10 or more years of experience teaching students in elementary school or secondary school; or (II) equivalent qualifications and experience, as determined by the Secretary. (C) Treatment of cash bonus.--A cash bonus paid under subparagraph (A) to a Corps participant shall not be taken into account in determining the eligibility of the participant for Federal student financial assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070). SEC. 9. ALTERNATIVE CERTIFICATION ROUTE. (a) In General.--Subject to subsection (d), the Secretary and each Corps site shall, jointly, develop and implement a high-quality alternative certification route for individuals selected to participate in the Corps who are not certified teachers. (b) Priority.--In selecting individuals described in subsection (a) to participate in the alternative certification route, the Secretary shall give priority to individuals-- (1) who do not have a degree in education; and (2) who have expertise in a field in which there is a shortage of teachers, such as mathematics, science, special education, English language acquisition, or another high-need subject. (c) Access.--All classes and materials available under the alternative certification route shall be accessible to all Corps participants. (d) Exception.--A Corps site that has an existing alternative certification program that complies with any requirements prescribed by the Secretary, may, in lieu of developing and implementing an alternative certification route under subsection (a), allow individuals described in subsection (a) participate in such program. SEC. 10. PROFESSIONAL DEVELOPMENT AND DISTANCE LEARNING. (a) Development of Program.--From the amounts appropriated to carry out this subsection under section 12, the Secretary, in consultation with at least 1 institution of higher education that is a research university, as determined by the Secretary, shall develop a professional development and distance-learning certificate or degree program that offers academic credit through-- (1) online classes; (2) classes through video- or tele-conference technology; (3) independent study; (4) in-person instruction at Corps sites; and (5) other distance learning methodologies as the Secretary designates, to assist individuals located in qualified remote areas in becoming highly qualified teachers. (b) Grants.-- (1) In general.--From the amounts appropriated to carry out this subsection under section 12, the Secretary shall award grants to institutions of higher education that offer the program developed under subsection (a) to students enrolled at the institution. (2) Uses of funds.--An institution of higher education that receives a grant under this subsection shall use such grant funds to cover-- (A) the cost of administering the program developed under subsection (a); and (B) to the maximum extent practicable, the total cost of program tuition for teachers at Corps sites enrolled in the program at the institution. (3) Application.-- (A) In general.--To receive a grant under this subsection, an institution of higher education shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (B) Articulation agreements.--An application submitted under subparagraph (A) shall include an assurance by the institution that the institution will include the program in its articulation agreements between or among other institutions of higher education. SEC. 11. DEFINITIONS. In this Act: (1) In general.--Except as otherwise provided, any term that is defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) shall have the meaning given such term in such section. (2) Articulation agreement.--The term ``articulation agreement'' has the meaning given such term in section 486A of the Higher Education Act of 1965 (20 U.S.C. 1093a). (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (4) Qualified remote area.--The term ``qualified remote area'' means an area-- (A) from which an institution of higher education is located more than 3 hours away when using public or private transportation (including rail or bus); (B) to which the only method of access to the site at least 6 months of the year is by boat or airplane; or (C) that is located in a United States Territory. (5) United states territory.--The term ``United States Territory'' means the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and Puerto Rico. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Authorizes the Secretary of Education to establish the National Remote Teacher Corps of elementary and secondary school teachers to fill vacancies, reduce class sizes, and improve educational quality in certain remote areas in the U.S. territories. Requires Corps applicants to have at least a bachelor's degree from an institution of higher education (IHE), but gives priority to individuals who: (1) have at least a master's degree in education, science, technology, engineering, or mathematics; or (2) are highly qualified teachers with at least ten years of experience teaching elementary or secondary school students, or equivalent qualifications. Directs the Secretary to place Corps teachers with local educational agencies or charter schools that have been designated as Corps sites. Requires Corps teachers to agree to obtain certification or licensing as an elementary or secondary school teacher within such time as the Secretary may require and accept an offer to serve as a full-time teacher for at least three years at a Corps site. Requires Corps sites to compensate Corps teachers as they would compensate other teachers having similar qualifications. Authorizes the Secretary to compensate Corps teachers for certain travel costs and award them annual or one-time cash bonuses. Directs the Secretary and each Corps site to develop jointly and implement a high-quality alternative certification route for Corps teachers who are not certified teachers, unless the Corps site has an existing alternative certification program that is acceptable to the Secretary. Requires the Secretary to: (1) develop a professional development and distance-learning certificate or degree program to assist individuals located in remote territorial areas in becoming highly qualified teachers; and (2) award grants to IHEs to implement such program and cover the program's tuition for teachers at Corps sites.

To establish a National Remote Teacher Corps, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Occupation of Guam Remembrance Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) In August 1978, Public Law 95-348 (section 6; 16 U.S.C. 410dd) established the War in the Pacific National Historical Park on Guam. (2) In December 1993, section 3(b)(1) of Public Law 103-197 (16 U.S.C. 410dd(l)) authorized the construction of a memorial wall at the Asan Bay Overlook in the War in the Pacific National Historical Park, commemorating the loyalty of the people of Guam during World War II and the heroism of the American forces that liberated Guam from occupation by Imperial Japan. (3) In December 2002, the Guam War Claims Review Commission Act (Public Law 107-333) established the Guam War Claims Review Commission to-- (A) review the facts and circumstances surrounding the implementation and administration of the Guam Meritorious Claims Act of 1945 (Public Law 79-224); and (B) advise on additional compensation to the people of Guam for death, personal injury, forced labor, forced march, and internment by occupying Imperial Japanese military forces between December 8, 1941, and July 21, 1944. (4) In December 2016, the Guam World War II Loyalty Recognition Act (title XVII of Public Law 114-328), provided for war claim payments to victims and survivors of the occupation of Guam by Imperial Japan. (5) In June 2018, the Foreign Claims Settlement Commission began reviewing war claims submitted on behalf of victims and survivors of the occupation of Guam and their families, pursuant to the Guam World War II Loyalty Recognition Act (title XVII of Public Law 114-328). SEC. 3. AUTHORITY TO UPDATE AND MAINTAIN MEMORIAL WALL. (a) Authorities and Duties of the Secretary.--The Secretary-- (1) shall maintain the memorial wall, including correcting and updating the names of those eligible to be listed on the memorial wall; and (2) shall notify the delegate to the United States House of Representatives from Guam and the Governor of Guam of any proposed revisions or additions to the memorial wall not less than 1 month before any revisions or additions are made. (b) Addition of War Claimant Names.--In carrying out subsection (a), the Secretary shall-- (1) add the names of all ``compensable Guam decedents'' and ``compensable Guam victims'' submitted to the Foreign Claims Settlement Commission pursuant to section 1705(b)(8) of the Guam World War II Loyalty Recognition Act (title XVII of Public Law 114-328; 22 U.S.C. 1621 note), if such names do not appear on the wall on the date of the enactment of this Act; and (2) inform individuals who submitted claims to the Foreign Claims Settlement Commission under the Guam World War II Loyalty Recognition Act (title XVII of Public Law 114-328; 22 U.S.C. 1621 note) that the name of each ``compensable Guam decedent'' or ``compensable Guam victim'' submitted by the respective individual to the Commission-- (A) appears on the memorial wall already, and provide additional relevant information as appropriate; or (B) will be added to the memorial wall pursuant to paragraph (1). (c) War Claimant Information.--The Foreign Claims Settlement Commission shall provide such information as is necessary for the Secretary to carry out this section. (d) Revisions to Names Listed.--In carrying out subsection (a), the Secretary shall-- (1) publish the names listed on the memorial wall on a publicly accessible website of the National Park Service; (2) publish the names to be added to or revised on the memorial wall, at a future date to be determined by the Secretary, on such website; and (3) provide a mechanism on such website for individuals to request that names listed on the memorial wall be revised to ensure accuracy or added to the memorial wall if such individuals-- (A) demonstrate a legitimate reason, as determined by the Secretary, for such listed names to be revised or added; and (B) submit appropriate documentation including affidavits, as determined by the Secretary, to substantiate the revision or addition requested. (e) Definitions.--In this section: (1) Compensable guam decedents.--The term ``compensable Guam decedents'' has the meaning given that term by the Guam World War II Loyalty Recognition Act (title XVII of Public Law 114-328; 22 U.S.C. 1621 note). (2) Compensable guam victims.--The term ``compensable Guam victims'' has the meaning given that term by the Guam World War II Loyalty Recognition Act (title XVII of Public Law 114-328; 22 U.S.C. 1621 note). (3) Government of guam.--The term ``Government of Guam'' has the meaning given that term by the Organic Act of Guam (48 U.S.C. 1421 et seq.). (4) Memorial wall.--The term ``memorial wall'' means the Asan Bay Overlook Memorial Wall authorized to be constructed under section 3(b)(1) of Public Law 103-197 (16 U.S.C. 410dd(l)), and located in the War in the Pacific National Historical Park on Guam established under section 6 of Public Law 95-348 (16 U.S.C. 410dd). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. SEC. 4. FUNDING. Section 1707 of the Guam World War II Loyalty Recognition Act (title XVII of Public Law 114-328; 22 U.S.C. 1621 note) is amended by adding at the end the following: ``(c) Memorial Wall.--The Secretary may award grants under subsection (a) (and, when grant recipients acceptable to the Secretary are not available for this purpose, may directly use funds made available for such grants) to correct and update the names of those eligible to be listed on, and other activities related to updating and maintaining, the Asan Bay Overlook Memorial Wall authorized to be constructed under section 3(b)(1) of Public Law 103-197.''. SEC. 5. SENSE OF CONGRESS. It is the sense of Congress that-- (1) section 6 of Public Law 95-348 (16 U.S.C. 410dd(i)) directs the Secretary, acting through the Director of the National Park Service, to employ and train residents of Guam or the Northern Mariana Islands to develop, maintain, and administer the War in the Pacific National Historical Park; and (2) the Secretary, acting through the Director of the National Park Service, should increase efforts to recruit, hire, and train Guam residents as employees at the War in the Pacific National Historical Park pursuant to the directive in such section. SEC. 6. DIRECT HIRE AUTHORITY. The Secretary of the Interior, acting through the Director of the National Park Service, may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of such title, a qualified candidate directly to for any future vacant position at the War in the Pacific National Historical Park for which the candidate meets Office of Personnel Management qualification standards. SEC. 7. LAND CONVEYANCE TO GOVERNMENT OF GUAM. (a) Conveyance Required.--Not later than 6 months after the date on which the Guam Waterworks Authority submits a written request to the Secretary, the Secretary shall convey to the Government of Guam for public benefit use, by quitclaim deed and without reimbursement, all right, title, and interest of the United States in and to the approximately 1 acre of Federal land generally described as ``GWA parcel of Lot 499'' on the map entitled ``War in the Pacific National Historical Park, Guam, Proposed Conveyance and Boundary Adjustment'' and dated July 2018. (b) Availability of Map.--The map referred to in subsection (a) shall be kept on file and available for public inspection at the appropriate office of the National Park Service and available for public inspection on a website of the National Park Service. The Secretary may correct minor errors in the map. (c) Survey.--The exact acreage and legal description of the Federal land to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. (d) Additional Terms and Conditions.--The conveyance under subsection (a) shall be subject to any other terms and conditions that the Secretary considers appropriate to protect the interests of the United States. (e) Required Use; Reversion.-- (1) Required use.--The Federal land conveyed under subsection (a) may be used by the Government of Guam only for the Guam Waterworks Authority to operate the public drinking water system of the territory of Guam. (2) Reversion.--If the Secretary determines that the Federal land conveyed to the Government of Guam pursuant to subsection (a) is not used in accordance with paragraph (1), all right, title, and interest in and to such parcel shall, at the option of the Secretary, revert to the United States. SEC. 8. TECHNICAL AMENDMENTS. Section 6 of the Act entitled ``An Act to authorize appropriations for certain insular areas of the United States, and for other purposes'', approved August 18, 1978 (16 U.S.C. 410dd), is amended-- (1) in subsection (l), by striking ``herosim'' and inserting ``heroism''; and (2) in subsection (n), by striking ``section (l)'' before the final period and inserting ``subsection (l)''.

Occupation of Guam Remembrance Act This bill directs the National Park Service (NPS) of the Department of the Interior to maintain the memorial wall of the War in the Pacific National Historical Park in Guam. The bill requires the NPS to: notify Guam's Delegate to the U.S. House of Representatives and the Governor of Guam of any proposed revisions or additions to the wall at least one month in advance, add specified names to the wall, respond to specified claims submitted to the Foreign Claims Settlement Commission under the Guam World War II Loyalty Recognition Act, and publish the names listed on the memorial wall on a public website. The NPS shall convey to Guam approximately one acre of identified federal land for public use.

Occupation of Guam Remembrance Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Safety Enhancement Act of 2008''. SEC. 2. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE. Section 106 of title 49, United States Code, is amended by adding at the end the following: ``(s) Aviation Safety Whistleblower Investigation Office.-- ``(1) Establishment.--There is established in the Department of Transportation an Aviation Safety Whistleblower Investigation Office (referred to in this subsection as the `Office'). ``(2) Director.-- ``(A) Appointment.--The head of the Office shall be the Director, who shall be appointed by the Secretary of Transportation. ``(B) Qualifications.--The Director shall have a demonstrated ability in investigations and knowledge of, or experience in, aviation. ``(C) Term.--The Director shall be appointed for a term of 5 years. ``(D) Vacancy.--Any individual appointed to fill a vacancy in the position of the Director occurring before the expiration of the term for which the individual's predecessor was appointed shall be appointed for the remainder of that term. ``(3) Complaints and investigations.-- ``(A) Authority of director.--The Director shall-- ``(i) receive complaints and information submitted by employees of persons holding certificates issued under title 14, Code of Federal Regulations, and employees of the Administration concerning the possible existence of an activity relating to a violation of an order, regulation, or standard of the Administration or any other provision of Federal law relating to aviation safety; ``(ii) assess complaints and information submitted under clause (i) and determine whether a substantial likelihood exists that a violation of an order, regulation, or standard of the Administration or any other provision of Federal law relating to aviation safety may have occurred; and ``(iii) based on findings of the assessment conducted under clause (ii), submit written recommendations to the Administrator of the Federal Aviation Administration (referred to in this subsection as the `Administrator') for further investigation or corrective actions. ``(B) Disclosure of identities.--The Director shall not disclose the identity of an individual who submits a complaint or information under subparagraph (A)(i) unless-- ``(i) the individual provides written consent to the disclosure; or ``(ii) the Director determines, in the course of an investigation, that the disclosure is unavoidable. ``(C) Independence of director.--The Secretary of Transportation, the Administrator, or any officer or employee of the Administration may not prevent or prohibit the Director from-- ``(i) initiating, carrying out, or completing any assessment of a complaint or information submitted subparagraph (A)(i); or ``(ii) reporting to Congress on any such assessment. ``(D) Access to information.--In conducting an assessment of a complaint or information submitted under subparagraph (A)(i), the Director shall have access to all records, reports, audits, reviews, documents, papers, recommendations, and other material necessary to determine whether a substantial likelihood exists that a violation of an order, regulation, or standard of the Administration or any other provision of Federal law relating to aviation safety may have occurred. ``(4) Responses to recommendations.--The Administrator shall submit a written response to a recommendation submitted by the Director under subparagraph (A)(iii) and retain records related to any further investigations or corrective actions taken in response to the recommendation. ``(5) Incident reports.--If the Director determines there is a substantial likelihood that a violation of an order, regulation, or standard of the Administration or any other provision of Federal law relating to aviation safety may have occurred that requires immediate corrective action, the Director shall expeditiously report the potential violation to the Administrator and the Inspector General of the Department of Transportation. ``(6) Reporting of criminal violations to inspector general.--If the Director has reasonable grounds to believe that there has been a violation of Federal criminal law, the Director shall expeditiously report the violation to the Inspector General. ``(7) Annual reports to congress.--Not later than October 1 of each year, the Director shall submit a report to Congress that contains-- ``(A) information on the number of complaints submitted and information received by the Director under paragraph (3)(A)(i) during the preceding 12-month period; ``(B) summaries of the submissions described in subparagraph (A); ``(C) summaries of further investigations and corrective actions recommended in response to the submissions described in subparagraph (A); and ``(D) summaries of the responses of the Administrator to the recommendations described in subparagraph (C).''. SEC. 3. MODIFICATION OF CUSTOMER SERVICE INITIATIVE. (a) Findings.--Congress finds the following: (1) Subsections (a) and (d) of section 40101 of title 49, United States Code, directs the Federal Aviation Administration (in this section referred to as the ``Administration'') to make safety its highest priority. (2) In 1996, to ensure that there would be no appearance of a conflict of interest for the Administration in carrying out its safety responsibilities, Congress amended section 40101(d) of such title to remove the responsibilities of the Administration to promote airlines. (3) Despite these directives from Congress regarding the priority of safety, the Administration-- (A) issued a vision statement in which it stated that the vision of the Administration includes ``being responsive to our customers and accountable to the public''; and (B) issued a customer service initiative in 2003, which required aviation inspectors to treat air carriers and other aviation certificate holders as ``customers'' rather than as regulated entities. (4) The initiatives described in paragraph (3) appear to have given regulated entities and Administration inspectors the impression that the management of the Administration gives an unduly high priority to the satisfaction of regulated entities regarding its inspection and certification decisions and other lawful actions of its safety inspectors. (5) As a result of the emphasis on customer satisfaction, some managers of the Administration have discouraged vigorous enforcement and replaced inspectors whose lawful actions adversely affected an air carrier. (b) Modification of Initiative.--Not later than 90 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall modify the customer service initiative, mission, and vision statements, and other statements of policy of the Administration-- (1) to remove any reference to air carriers and other entities regulated by the Administration as ``customers''; (2) to clarify that in regulating safety, the only customers of the Administration are individuals traveling on aircraft; and (3) to clarify that air carriers and other entities regulated by the Administration do not have the right to select the employees of the Administration who will inspect their operations. (c) Safety Priority.--In carrying out the Administrator's responsibilities, the Administrator shall ensure that safety is given a higher priority than preventing the dissatisfaction of an air carrier or other entity regulated by the Administration with an employee of the Administration. SEC. 4. POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT STANDARDS INSPECTORS. (a) In General.--Section 44711 of title 49, United States Code, is amended by adding at the end the following: ``(d) Post-Employment Restrictions for Flight Standards Inspectors.-- ``(1) Prohibition.--A person holding an operating certificate issued under title 14, Code of Federal Regulations, may not engage in employment negotiations, knowingly employ, or make a contractual arrangement of employment with an employee of the Federal Aviation Administration if the individual, in the preceding 2-year period-- ``(A) served as, or was responsible for oversight of, a flight standards inspector of the Agency; and ``(B) had responsibility to inspect, or oversee inspection of, the operations of the certificate holder. ``(2) Written and oral communications.--For purposes of paragraph (1), an individual shall be considered to be acting as an agent or representative of a certificate holder in a matter before the Administration if the individual makes any written or oral communication on behalf of the certificate holder to the Administration (or any of its officers or employees) in connection with a particular matter, whether or not involving a specific party and without regard to whether the individual has participated in, or had responsibility for, the particular matter while serving as a flight standards inspector of the Administration.''. (b) Applicability.--The amendment made by subsection (a) shall not apply to an individual employed by a certificate holder as of the date of the enactment of this Act. SEC. 5. ASSIGNMENT OF PRINCIPAL SUPERVISORY INSPECTORS. (a) In General.--An individual serving as a principal supervisory inspector of the Administration may not be responsible for overseeing the operations of a single air carrier for a continuous period of more than 5 years. (b) Transitional Provision.--An individual serving as a principal supervisory inspector of the Agency with respect to an air carrier as of the date of enactment of this Act may be responsible for overseeing the operations of the carrier until the last day of the 5-year period specified in subsection (a) or the last day of the 2-year period beginning on such date of enactment, whichever is later. (c) Issuance of Order.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue an order to carry out this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator such sums as may be necessary to carry out this section. SEC. 6. IMPROVED VOLUNTARY DISCLOSURE REPORTING SYSTEM. (a) Defined Term.--In this section, the term ``Voluntary Disclosure Reporting Program'' means the program established by the Federal Aviation Administration through Advisory Circular 00-58A, dated September 8, 2006. (b) Verification and Evaluation.--The Administrator of the Federal Aviation Administration shall modify the Voluntary Disclosure Reporting Program to require inspectors to-- (1) verify that air carriers implement comprehensive solutions to correct the underlying causes of the violations voluntarily disclosed by such air carriers; and (2) evaluate, before accepting a new report of a previously disclosed violation, whether the air carrier took the actions described in paragraph (1). (c) Supervisory Review of Voluntary Self-Disclosures.--The Administrator shall establish a process by which voluntary self- disclosures received from air carriers are reviewed and approved by a supervisor after the initial paper review by an inspector. SEC. 7. NATIONAL REVIEW TEAM. (a) Establishment.--The Administrator of the Federal Aviation Administration shall establish a National Review Team, comprised of Federal Aviation Administration inspectors who are serving or have served as principal supervisory inspectors. (b) Responsibilities.--The National Review Team shall conduct periodic, unannounced audits of air carrier operations and maintenance practices and procedures to evaluate air carrier oversight carried out by the Federal Aviation Administration throughout the United States. (c) Supervision.--The National Review Team shall be directly supervised by the Associate Administrator for Aviation Safety. (d) Limitation.--The Associate Administrator for Aviation Safety shall prohibit each member of the National Review Team from participating in any audit described in subsection (b) if such member had previously had the responsibility for inspecting, or overseeing the inspection of, the operations of the air carrier that is the subject of such audit. SEC. 8. HEADQUARTERS REVIEW OF AIR TRANSPORTATION OVERSIGHT SYSTEM DATABASE. (a) Reviews.--The Administrator of the Federal Aviation Administration shall establish a process by which the air transportation oversight system database of the Federal Aviation Administration is reviewed by a team of employees of the Administration on a monthly basis to ensure-- (1) the identification of any trends in regulatory compliance; and (2) that appropriate corrective actions are taken in accordance with Administration regulations, advisory directives, policies, and procedures. (b) Monthly Team Reports.-- (1) In general.--The team of employees conducting a monthly review of the air transportation oversight system database under subsection (a) shall submit a report on the results of the review to the Administrator, the Associate Administrator for Aviation Safety, and the Director of Flight Standards. (2) Contents.--Each report submitted under paragraph (1) shall identify-- (A) any trends in regulatory compliance discovered by the team of employees in conducting the monthly review; and (B) any corrective actions taken or proposed to be taken in response to the trends. (c) Quarterly Reports to Congress.--The Administrator shall submit a quarterly report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that-- (1) describes the results of the reviews of the air transportation oversight system database conducted under this section; and (2) includes copies of reports received under subsection (b). SEC. 9. RULEMAKING. Not later than 90 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall prescribe regulations to carry out this Act and the amendments made by this Act.

Aviation Safety Enhancement Act of 2008 - Establishes in the Department of Transportation (DOT) an Aviation Safety Whistleblower Investigation Office to receive and assess complaints and information relating to possible violations of aviation safety laws and regulations. Directs the Administrator of the Federal Aviation Administration (FAA) to modify the FAA customer service initiative, mission and vision, and other policy statements to: (1) remove any reference to air carriers and other entities regulated by the FAA as "customers"; (2) state that in regulating safety the only FAA customers are individuals traveling on aircraft; and (3) state that air carriers and other entities regulated by the FAA do not have the right to select the FAA employees who will inspect their operations. Prohibits any person holding an air carrier operating certificate from engaging in employment negotiations, knowingly employing, or making a contractual employment arrangement with an FAA employee if, in the preceding two-year period, the individual: (1) served as, or was responsible for oversight of, an FAA flight standards inspector; and (2) had responsibility to inspect, or oversee inspection of, the operations of the certificate holder. Prohibits any individual serving as a principal supervisory inspector of the FAA from being responsible for overseeing the operations of a single air carrier for a continuous period of more than five years. Directs the FAA Administrator to: (1) modify the Voluntary Disclosure Reporting Program to require inspectors to verify that air carriers implement solutions to correct violations they have voluntarily disclosed and evaluate, before accepting a new report of a previously disclosed violation, whether such air carriers took such corrective actions; (2) establish a process for the review and approval of voluntary self-disclosures received from air carriers; (3) establish a National Review Team to conduct periodic, unannounced audits of air carrier operations and maintenance practices to evaluate FAA air carrier oversight throughout the United States; and (4) establish a process for the monthly review of the FAA air transportation oversight system database by FAA employees.

A bill to amend title 49, United States Code, to enhance aviation safety.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Musical Licensing Act of 1995''. SEC. 2. BUSINESS EXEMPTION. Section 110(5) of title 17, United States Code, is amended to read as follows: ``(5) communication by electronic device of a transmission embodying a performance or display of a work by the reception of a broadcast, cable, satellite, or other transmission, unless-- ``(A) an admission fee is charged specifically to see or hear the transmission, or ``(B) the transmission is not properly licensed, except that this paragraph shall apply in the case of a performance or display in a commercial establishment only if the performance or display is incidental to the main purpose of the establishment;''. SEC. 3. BINDING ARBITRATION OF RATE DISPUTES INVOLVING PERFORMING RIGHTS SOCIETIES. (a) In General.--Section 504 of title 17, United States Code, is amended by adding at the end the following new subsection: ``(d) Performing Rights Societies; Binding Arbitration.-- ``(1) Arbitration of disputes prior to court action.-- ``(A) Arbitration.--(i) If a general music user and a performing rights society are unable to agree on the appropriate fee to be paid for the user's past or future performance of musical works in the repertoire of the performing rights society, the general music user shall, in lieu of any other dispute-resolution mechanism established by any judgment or decree governing the operation of the performing rights society, be entitled to binding arbitration of such disagreement pursuant to the rules of the American Arbitration Association. The music user may initiate such arbitration. ``(ii) The arbitrator in such binding arbitration shall determine a fair and reasonable fee for the general music user's past and future performance of musical works in such society's repertoire and shall determine whether the user's past performances of such musical works, if any, infringed the copyrights of works in the society's repertoire. If the arbitrator determines that the general music user's past performances of such musical works infringed the copyrights of works in the society's repertoire, the arbitrator shall impose a penalty for such infringement. Such penalty shall not exceed the arbitrator's determination of the fair and reasonable license fee for the performances at issue. ``(B) Definition.--For purposes of this paragraph, a `general music user' is any person who performs musical works publicly but is not engaged in the transmission of musical works to the general public or to subscribers through broadcast, cable, satellite, or other transmission. For purposes of this paragraph, transmissions within a single commercial establishment or within establishments under common ownership or control are not transmissions to the general public. ``(C) Enforcement of arbitrator's determinations.-- An arbitrator's determination under this paragraph is binding on the parties and may be enforced pursuant to sections 9 through 13 of title 9. ``(2) Court-annexed arbitration.--In any civil action for infringement of the right granted in section 106(4) involving a musical work that is in the repertoire of a performing rights society, if the defendant admits the prior public performance of one or more works in the repertoire of the performing rights society but contests the amount of the license fee demanded by such society for such performance, the dispute shall, if requested by the defendant, be submitted to arbitration under section 652(e) of title 28. In such arbitration proceeding, the arbitrator shall determine the amount owed by the defendant to the performing rights society for all past public performances of musical works in the society's repertoire. Such amount shall not exceed two times the amount of the blanket license fee that would be applied by the society to the defendant for the year or years in which the performances occurred. In addition, the arbitrator shall, if requested by the defendant, determine a fair and reasonable license fee for the defendant's future public performances of the musical works in such society's repertoire. ``(3) Term of license fee determination.--In any arbitration proceeding initiated under this subsection, the arbitrator's determination of a fair and reasonable license fee for the performance of the music in the repertoire of the performing rights society concerned shall apply for a period of not less than 3 years nor more than 5 years after the date of the arbitrator's determination.''. (b) Actions That Shall Be Referred to Arbitration.--Section 652 of title 28, United States Code, is amended by adding at the end the following: ``(e) Actions That Shall Be Referred to Arbitration.--In any civil action for infringement of the right granted in section 106(4) of title 17 involving a musical work that is in the repertoire of a performing rights society, if the defendant admits the public performance of any musical work in the repertoire of the performing rights society but contests the amount of the license fee demanded for such performance by the society, the district court shall, if requested by the defendant, refer the dispute to arbitration, which shall be conducted in accordance with section 504(d)(2) of title 17. Each district court shall establish procedures by local rule authorizing the use of arbitration under this subsection. The definitions set forth in title 17 apply to the terms used in this subsection.''. SEC. 4. RADIO PER PROGRAMMING PERIOD LICENSE. Section 504 of title 17, United States Code, as amended by section 3 of this Act, is further amended by adding at the end thereof the following new subsection: ``(e) Radio Per Programming Period Licenses.-- ``(1) In general.--Each performing rights society shall offer, to any radio broadcaster that so requests, a per programming period license to perform nondramatic musical works in the repertoire of the performing rights society. Such license shall be offered on reasonable terms and conditions that provide an economically and administratively viable alternative to the society's blanket license for all such broadcasters. ``(2) Price of per programming period licenses.--(A) The total price of a per programming period license described in paragraph (1)-- ``(i) shall include separate components for incidental and feature performances, which are independent of the quantity of such performances by the broadcaster and do not exceed the relative value the performing rights society assigns to such performances in its distribution of royalties; and ``(ii) shall not exceed the fee that would be payable by the broadcaster under the lowest price blanket license offered to radio broadcasters, and shall be in direct proportion to the percentage of the broadcaster's revenue attributable to programming periods containing feature performances of musical works in the society's repertoire compared to the industry average percentage of revenue attributable to programming periods containing feature performances of musical works in the society's repertoire. ``(B) Nondramatic musical works that have been licensed directly or at the source, or whose performance constitutes fair use or is otherwise exempt from liability under this title, shall not be considered in calculating any per programming period license fee under this subsection. ``(3) Administration of license.--Beginning January 1, 1998, the performance of nondramatic musical works by a broadcaster under any per programming period license shall be determined on the basis of statistically reliable sampling or monitoring by the performing rights society, and the society may not require the broadcaster to report such performance to the society. The society shall provide the broadcaster with a report detailing the results of such sampling or monitoring, identifying each programming period containing the performance of nondramatic musical works in the society's repertoire and the nondramatic musical works performed. ``(4) Implementation.--Any radio broadcaster entitled to a per programming period license under this subsection may bring an action to require compliance with this subsection in an appropriate United States district court, including any district court established by court order or statute as a court that resolves disputes, with respect to license rates, that may arise between performing rights societies and persons who perform musical works in the society's repertoire. ``(5) Definitions.--As used in this subsection-- ``(A) the term `blanket license' means a license provided by a performing rights society that authorizes the unlimited performance of musical works in the society's repertoire, for a fee that does not vary with the quantity or type of performances of musical works in the society's repertoire; ``(B) the term `incidental' means commercial jingles not exceeding 60 seconds in duration, bridges, themes or signatures, arrangements of works in the public domain, and background music, including music used in conjunction with sporting events; and ``(C) the term `programming period' means any 15- minute period of radio broadcasting commencing on the hour, or at 15, 30, or 45 minutes past the hour.''. SEC. 5. ACCESS TO REPERTOIRE AND LICENSING INFORMATION. Section 504 of title 17, United States Code, as amended by sections 3 and 4 of this Act, is further amended by adding at the end the following: ``(f) Access to Musical Repertoire.-- ``(1) Online computer access.--Each performing rights society shall make available, free of charge, to all interested persons, online computer access to copyright and licensing information for each work in its repertoire. Such access shall, for each such musical work, identify the work by title of the work, the name, address, and telephone number of both the author and the copyright owner, when the work will enter the public domain, and the names of any artists known to have performed the work. Such online computer access shall permit the efficient review of multiple musical works consistent with reasonably available technology. ``(2) Directory of titles.--Each performing rights society shall make available at no charge, not less frequently than semiannually, a printed directory of each title in its repertoire, as of the date which is not more than 30 days before the date on which the directory is published, containing the information set forth in paragraph (1). ``(3) Documentation of right to license.--A performing rights society shall, upon the request of any person who performs or may perform musical works in the society's repertoire, provide to that person copies of the documentation establishing the society's right to license the public performance of such musical works. ``(4) Restrictions on infringement actions.-- ``(A) Restrictions.--A performing rights society may not institute or be a party to, or pay the costs of another party in, any action alleging the infringement of the copyright in, or charge a fee under any per programming period license for, any work in that society's repertoire that is not identified and documented as required by paragraphs (1), (2), and (3). ``(B) Exception.--Subparagraph (A) shall not apply on the basis of a failure to comply with paragraph (2) with respect to a musical work first entering the society's repertoire within the 6-month period beginning 30 days before the date on which the society's last directory was published under paragraph (2), if the society establishes that such musical work was included in the online database required by paragraph (1) not less than 10 days before the performance giving rise to the alleged infringement or charge. ``(g) Access to Licensing Information.-- ``(1) Terms of licenses.--Each performing rights society shall provide, within 5 business days after it receives a written request from a licensee of any musical work in the society's repertoire, or from any person that is negotiating to become such a licensee-- ``(A) a schedule of the society's license rates for those licensees in the same locality as the licensee or person making the request, that have characteristics similar to such licensee or person, except that the society shall provide information with respect to at least 5 but not more than 10 such licensees; ``(B) the formulas by which the rates are derived; and ``(C) license terms under agreements executed by the performing rights society and licensees described in subparagraph (A). ``(2) Copies of licenses.--Each performing rights society shall provide, within 5 business days after receiving a written request from an entity authorized to negotiate license fees and terms on behalf of any group of persons who perform or may perform musical works within that society's repertoire, copies of all forms of licenses negotiated between that society and other entities authorized to negotiate license fees and terms on behalf of any group of persons who perform musical works in that society's repertoire, except that the society shall not disclose individual licensee's names, addresses, or business confidential information.''. SEC. 6. ANNUAL REPORTS. Not later than March 1 of each year, the Attorney General of the United States shall submit a written report to the Congress on the activities of the Department of Justice during the preceding calendar year relating to the continuing supervision and enforcement by the Department of the consent decree of the American Society of Composers, Authors, and Publishers of March 14, 1950, and the consent decree of Broadcast Music, Inc. of December 29, 1966. Such report shall include a description of all issues raised or complaints filed with the Department of Justice relating to the operations of those performing rights societies, and a summary of the Department's actions or investigations undertaken by the Department in response to such issues and complaints. SEC. 7. VICARIOUS LIABILITY PROHIBITED. A landlord, an organizer or sponsor of a convention, exposition, or meeting, a facility owner, or any other person making space available to another party by contract, shall not be liable under any theory of vicarious or contributory infringement with respect to an infringing public performance of a copyrighted work by a tenant, lessee, subtenant, sublessee, licensee, exhibitor, or other user of such space on the ground that-- (1) a contract for such space provides the landlord, organizer or sponsor, facility owner, or other person a right or ability to control such space and compensation for the use of such space; or (2) the landlord, organizer or sponsor, facility owner, or other person has or had at the time of the infringing performance actual control over some aspects of the use of such space, if the contract for the use of such space prohibits infringing public performances and the landlord, organizer or sponsor, facility owner, or other person does not exercise control over the selection of works performed. SEC. 8. RELIGIOUS SERVICE EXEMPTION. Section 110(3) of title 17, United States Code, is amended by inserting after ``religious assembly'' the following: ``, the transmission of such services, whether live or recorded, or the recording of copies or phonorecords of a transmission program embodying such services in their entirety''. SEC. 9. CONFORMING AMENDMENTS. (a) Definitions.--Section 101 of title 17, United States Code, is amended by inserting after the undesignated paragraph relating to the definition of ``perform'' the following: ``A `performing rights society' is an association, corporation, or other entity that licenses the public performance of nondramatical musical works on behalf of copyright owners of such works, such as the American Society of Composers, Authors, and Publishers, Broadcast Music, Inc., and SESAC, Inc. The `repertoire' of a performing rights society consists of those works for which the society provides licenses on behalf of the owners of copyright in the works.''. SEC. 10. CONSTRUCTION OF ACT. Except as provided in section 504(d)(1) of title 17, United States Code, as added by section 3(a) of this Act, nothing in this Act shall be construed to relieve any performing rights society (as defined in section 101 of title 17, United States Code) of any obligation under any consent decree or other court order governing its operation, as such decree or order is in effect on the date of the enactment of this Act, as it may be amended after such date, or as it may be issued or agreed to after such date.

Fairness in Musical Licensing Act of 1995 - Revises Federal copyright law to provide that communication by electronic device of a transmission embodying a performance or display of a work by the reception of a broadcast, cable, satellite, or other transmission shall not be a copyright infringement unless an admission fee is charged to see or hear the transmission or the transmission is not properly licensed. Provides that a performance or display in a commercial establishment shall not be considered infringement if incidental to the main purpose of the establishment. Specifies that, if a general music user and a performing rights society are unable to agree on the appropriate fee to be paid for the user's past or future performance of musical works in the society's repertoire, the user shall be entitled to binding arbitration of such disagreement pursuant to the rules of the American Arbitration Association in lieu of any other dispute-resolution mechanism established by any judgment or decree governing the operation of such society. Requires the arbitrator to determine a fair and reasonable fee for the user's past and future performance of works in such society's repertoire and to impose a penalty for infringement if the user's past performance infringed the copyright of such works. Makes an arbitrator's determination binding on both parties. Sets forth provisions regarding civil actions for infringement that may be submitted to arbitration if the license fee for a performance is contested. Requires a performing rights society, at the request of any radio broadcaster, to offer the broadcaster a per programming license to perform nondramatic musical works in its repertoire. Directs that such license be offered on terms and conditions that provide an economically and administratively viable alternative to blanket licenses. Sets forth provisions regarding prices of such licenses. Requires, beginning January 1, 1998, the performance of nondramatic musical works by broadcasters under any per programming period license to be determined on the basis of statistically reliable sampling or monitoring by the society and prohibits the society from requiring the broadcaster to report such performance to the society. Authorizes such broadcasters to bring actions to require compliance with such requirements. Directs each performing rights society to make available free online computer access to copyright and licensing information for each work in its repertoire as well as a semiannual printed directory of each title in its repertoire. Requires such society, upon request, to provide to any person who may perform musical works in its repertoire, copies of documentation establishing the society's right to license the public performance of such works. Bars a society from instituting or being a party to any action alleging infringement in, or charging a fee under any per programming period license for, any work in the repertoire that is not identified or documented as described above, with exceptions. Requires the Attorney General to report annually to the Congress on the activities of the Department of Justice relating to the continuing supervision and enforcement of specified consent decrees of the American Society of Composers, Authors, and Publishers and Broadcast Music, Inc. Sets forth conditions under which landlords, organizers of conventions, or others making space available to another party are exempt from liability under any theory of vicarious or contributory infringement with respect to an infringing public performance of a copyrighted work by a tenant, lessee, or other user of such space. Provides that the transmission of religious services or the recording of copies or phonorecords of a transmission program embodying such services shall not be a copyright infringement.

Fairness in Musical Licensing Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayers' Cancer Research Funding Act of 2005''. SEC. 2. DESIGNATION OF INCOME TAX PAYMENTS TO BREAST AND PROSTATE CANCER RESEARCH FUND. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information and returns) is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO BREAST AND PROSTATE CANCER RESEARCH FUND ``Sec. 6098. Designation to Breast and Prostate Cancer Research Fund. ``SEC. 6098. DESIGNATION TO BREAST AND PROSTATE CANCER RESEARCH FUND. ``(a) In General.--Every individual (other than a nonresident alien) whose adjusted income tax liability for the taxable year is $5 or more may designate that $5 shall be paid over to the Breast and Prostate Cancer Research Fund in accordance with the provisions of section 9511. In the case of a joint return of husband and wife having an adjusted income tax liability of $10 or more, each spouse may designate that $5 shall be paid to the fund. ``(b) Adjusted Income Tax Liability.--For purposes of subsection (a), the term `adjusted income tax liability' means, for any individual for any taxable year, the excess (if any) of-- ``(1) the income tax liability (as defined in section 6096(b)) of the individual for the taxable year, over ``(2) any amount designated by the individual (and, in the case of a joint return, any amount designated by the individual's spouse) under section 6096(a) for such taxable year. ``(c) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature.'' (b) Breast and Prostate Cancer Research Fund.--Subchapter A of chapter 98 of such Code (relating to establishment of trust funds) is amended by adding at the end the following new section: ``SEC. 9511. BREAST AND PROSTATE CANCER RESEARCH FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Breast and Prostate Cancer Research Fund', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Breast and Prostate Cancer Research Fund amounts equivalent to the amounts designated under section 6098. ``(c) Expenditures.--Amounts in the Breast and Prostate Cancer Research Fund shall be available, as provided in appropriation Acts, for purposes of making qualified research grants, to the extent that such amounts exceed the aggregate of all Federal administrative costs attributable to the implementation of section 6098, subsections (a) and (b) of this section, and (with respect to such fund) section 9602. Such amounts shall be used to supplement, not supplant, existing funding for research with respect to breast and prostate cancer. ``(d) Qualified Research Grants.-- ``(1) In general.--For purposes of subsection (c), the term `qualified research grant' means a grant, to a qualified person selected by the National Cancer Institute of the National Institutes of Health by qualified peer review, for the purpose of conducting research with respect to breast or prostate cancer. Such a grant shall be administered by such National Cancer Institute and the amount of such grant shall be determined by such Institute. ``(2) Qualified peer review.--For purposes of paragraph (1), the term `qualified peer review' means peer review described in sections 492 and 492A of the Public Health Service Act.'' (c) Clerical Amendments.-- (1) The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Part IX. Designation of Income Tax Payments to Breast and Prostate Cancer Research Fund''. (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9511. Breast and Prostate Cancer Research Fund.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004.

Taxpayers' Cancer Research Funding Act of 2005 - Amends the Internal Revenue Code to allow taxpayers to designate on their tax returns a $5 contribution to the Breast and Prostate Cancer Research Fund ($10 for joint returns). Establishes in the Treasury the Breast and Prostate Cancer Research Fund to award grants for breast or prostate cancer research.

To amend the Internal Revenue Code of 1986 to establish and provide a checkoff for a Breast and Prostate Cancer Research Fund, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement Scholarship and Recruitment Act''. SEC. 2. DEFINITIONS. In this Act-- ``Director'' means the Director of the Bureau of Justice Assistance. ``educational expenses''-- (A) means expenses that are directly attributable to-- (i) a course of education leading to the award of an associate degree; (ii) a course of education leading to the award of a baccalaureate degree; or (iii) a course of graduate study following award of a baccalaureate degree; and (B) includes the cost of tuition, fees, books, supplies, and related expenses. ``institution of higher education'' has the meaning stated in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)). ``law enforcement position'' means employment as an officer in a State or local police force, or correctional institution. ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. SEC. 3. ALLOTMENT. Of amounts appropriated pursuant to section 11, the Director shall allot-- (1) 80 percent to States on the basis of the number of law enforcement officers in each State compared to the number of law enforcement officers in all of the States; and (2) 20 percent to States on the basis of the shortage of law enforcement personnel and the need for assistance under this Act in the State compared to the shortage of law enforcement personnel and the need for assistance under this Act in all States. SEC. 4. SCHOLARSHIP AND EMPLOYMENT PROGRAMS. (a) Use of Allotment.-- (1) In general.--A State that receives an allotment under section 3 shall use the allotment to pay the Federal share of the costs of-- (A) awarding scholarship to in-service law enforcement personnel to enable such personnel to seek further education; and (B) providing-- (i) full-time employment in summer; or (ii) part-time (not to exceed 20 hours per week) employment during a period not to exceed 1 year. (2) Employment.--The employment described in subparagraph (B) of paragraph (1) shall be provided by State and local law enforcement agencies for students who are juniors or seniors in high school or are enrolled in an accredited institution of higher education and who demonstrate an interest in undertaking a career in law enforcement. Such employment shall not be in a law enforcement position. Such employment shall consist of performing meaningful tasks that inform such students of the nature of the tasks performed by law enforcement agencies. (b) Payments; Federal Share; Non-Federal Share.-- (1) Payments.--The Secretary shall pay to each State that receives an allotment under section 3 the Federal share of the cost of the activities described in the application submitted pursuant to section 7. (2) Federal share.--The Federal share shall not exceed 60 percent. (3) Non-federal share.--The non-Federal share of the cost of scholarships and student employment provided under this Act shall be supplied from sources other than the Federal Government. (c) Lead Agency.--A State that receives an allotment under section 3 shall designate an appropriate State agency to serve as the lead agency to conduct a scholarship program, a student employment program, or both in the State in accordance with this Act. (d) Responsibilities of Director.--The Director shall be responsible for the administration of the programs conducted pursuant to this Act and shall, in consultation with the Assistant Secretary for Postsecondary Education, issue regulations implementing this Act. (e) Administrative Expenses.--A State that receives an allotment under section 3 may use not more than 8 percent of the amount of the allotment for administrative expenses. (f) Special Rule.--A State that receives an allotment under section 3 shall ensure that each scholarship recipient under this Act is compensated at the same rate of pay and benefits and enjoys the same rights under applicable agreements with labor organizations and under State and local law as other law enforcement personnel of the same rank and tenure in the office of which the scholarship recipient is a member. (g) Supplementation of Funding.--Funds received under this Act shall be used only to supplement, and not to supplant, Federal, State, and local efforts for recruitment and education of law enforcement personnel. SEC. 5. SCHOLARSHIPS. (a) Period of Award.--A scholarship awarded under this Act shall be for a period of 1 academic year. (b) Use of Scholarships.--A scholarship recipient under this Act may use the scholarship for educational expenses at any accredited institution of higher education. SEC. 6. ELIGIBILITY. (a) Scholarships.--A person shall be eligible to receive a scholarship under this Act if the person has been employed in law enforcement for the 2-year period immediately preceding the date on which assistance is sought. (b) Ineligibility for Student Employment.--A person who has been employed as a law enforcement officer is ineligible to participate in a student employment program carried out under this Act. SEC. 7. STATE APPLICATIONS FOR ALLOTMENT. (a) In General.--A State that desires an allotment under section 3 shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may reasonably require. (b) Contents.--An application under subsection (a) shall-- (1) describe the scholarship program and the student employment program for which assistance under this Act is sought; (2) contain assurances that the lead agency will work in cooperation with local law enforcement liaisons, representatives of police labor organizations and police management organizations, and other appropriate State and local agencies to develop and implement interagency agreements designed to carry out this Act; (3) contain assurances that the State will advertise the scholarship assistance and student employment it will provide under this Act and that the State will use such programs to enhance recruitment efforts; (4) contain assurances that the State will screen and select law enforcement personnel for participation in the scholarship program under this Act; (5) contain assurances that under the student employment program the State will screen and select, for participation in the program, students who have an interest in undertaking a career in law enforcement; (6) contain assurances that under the scholarship program the State will make scholarship payments to institutions of higher education on behalf of scholarship recipients under this Act; (7) with respect to the student employment program, identify-- (A) the employment tasks students will be assigned to perform; (B) the compensation students will be paid to perform such tasks; and (C) the training students will receive as part of their participation in the program; (8) identify model curriculum and existing programs designed to meet the educational and professional needs of law enforcement personnel; and (9) contain assurances that the State will promote cooperative agreements with educational and law enforcement agencies to enhance law enforcement personnel recruitment efforts in institutions of higher education. SEC. 8. INDIVIDUAL APPLICATIONS FOR SCHOLARSHIP OR EMPLOYMENT. (a) In General.--A person who desires a scholarship or employment under this Act shall submit an application to the State at such time, in such manner, and accompanied by such information as the State may reasonably require. (b) Contents.--An application under subsection (a) shall describe the academic courses for which a scholarship is sought or the location and duration of employment that is sought. (c) Priority.--In awarding scholarships and providing student employment under this Act, a State shall give priority to applications from persons who-- (1) are members of racial, ethnic, or gender groups whose representation in the law enforcement agencies within the State in substantially less than in the population eligible for employment in law enforcement in the State; (2) are pursuing an undergraduate degree; and (3) are not receiving financial assistance under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 9. SCHOLARSHIP AGREEMENTS. (a) In General.--A scholarship recipient under this Act shall enter into an agreement with the Director. (b) Contents.--An agreement under subsection (a) shall-- (1) provide assurances that the scholarship recipient will work in a law enforcement position in the State that awards the scholarship in accordance with the service obligation described in subsection (c) after completion of the recipient's academic courses leading to an associate, bachelor, or graduate degree; (2) provide assurances that the scholarship recipient will repay the entire scholarship awarded under this Act in accordance with such terms and conditions as the Director shall prescribe if the requirements of the agreement are not complied with, unless the recipient-- (A) dies; (B) becomes physically or emotionally disabled, as established by the sworn affidavit of a qualified physician; or (C) has been discharged in bankruptcy; and (3) set forth the terms and conditions under which a scholarship recipient may seek employment in the field of law enforcement in a State other than the State that awards the scholarship. (c) Service Obligation.-- (1) In general.--Subject to paragraph (2), a scholarship recipient under this Act shall work in a law enforcement position in the State that awards the scholarship for a period of 1 month for each credit hour for which funds are received under the scholarship. (2) Minimum and maximum required periods of service.--For the purposes of satisfying the requirement of paragraph (1), a scholarship recipient shall work in a law enforcement position in the State that awards the scholarship for a period of not less than 6 months but shall not be required to work in such a position for more than 2 years. SEC. 10. REPORTS TO CONGRESS. (a) In General.--Not later than April 1 of each year, the Director shall submit a report to the Attorney General, the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate. (b) Contents.--A report under subsection (a) shall-- (1) state the number of present and past scholarship recipients under this Act, categorized according to the levels of educational study in which the recipients are engaged and the number of years that the recipients have served in law enforcement; (2) state, with respect to student employees under this Act-- (A) the number of present and past student employees; (B) the number of such employees who complete a course of study at an accredited institution of higher education; and (C) the number of such employees who subsequently accept a law enforcement position; (3) describe the geographic, racial, and gender dispersion of scholarship recipients and employees; and (4) describe the progress of the scholarship program and the student employment program and make recommendations for changes in the programs. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (A) In General.--There are authorized to be appropriated to carry out this Act $30,000,000 for each of fiscal years 1994, 1995, 1996, 1997, and 1998. (b) Uses of Funds.--Of the funds appropriated under subsection (a) for any fiscal year-- (1) 75 percent shall be available to provide scholarships described in section 4(a)(1)(A); and (2) 25 percent shall be available to provide employment described in sections 4(a)(1)(B) and 4(a)(2).

Law Enforcement Scholarship and Recruitment Act - Directs each State to pay from funds under this Act the Federal share (not more than 60 percent) of the cost of: (1) awarding scholarships to in-service law enforcement personnel for further education; and (2) providing full-time employment in summer or part-time employment for a period up to a year to students enrolled in accredited institutions of higher education who demonstrate an interest in law enforcement careers. Requires each State receiving such funds to designate a lead agency to conduct such programs. Makes the Director of the Bureau of Justice Assistance responsible for administration of such program and for issuing rules. Provides that such a scholarship shall be for one academic year and may be used at any accredited institution of higher education. Conditions eligibility on an individual's having been employed in law enforcement for two years immediately preceding the date on which scholarship assistance is sought. Makes individuals who have been employed as law enforcement officers ineligible to participate in student employment programs under this Act. Requires each scholarship recipient to work in a law enforcement position in the State that awards the scholarship for a period of one month for each credit hour for which funds are received (with a six-month minimum and two-year maximum). Authorizes and allocates appropriations.

Law Enforcement Scholarship and Recruitment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Internet Gambling Prohibition Act of 2000''. SEC. 2. DEFINITION. Section 1081 of title 18, United States Code, is amended-- (1) by designating the five undesignated paragraphs that begin with ``The term'' as paragraphs (1) through (5) respectively; (2) in paragraph (5), as so designated-- (A) by striking ``wire communication'' and inserting ``communication''; (B) by inserting ``satellite, microwave,'' after ``cable,''; and (C) by inserting ``(whether fixed or mobile)'' after ``connection''; and (3) by adding at the end the following: ``(6) The term `information assisting in the placing of bets or wagers' means information knowingly transmitted by an individual in the business of betting or wagering for use in placing, receiving, making, or otherwise enabling or facilitating a bet or wager that violates applicable Federal, State, tribal, or local law, but does not include-- ``(A) the transmission of information for use in news reporting of wagering activities, as long as such transmission does not solicit or provide information for the purpose of facilitating or enabling the placing or receipt of bets or wagers in a jurisdiction where such betting is illegal; ``(B) any posting or reporting of any educational information on how to make a legal bet or wager or the nature of betting or wagering, as long as such transmission does not solicit or provide information for the purpose of facilitating or enabling the placing or receipt of bets or wagers in a jurisdiction where such betting is illegal; ``(C) advertising relating to betting or wagering in a jurisdiction where such betting or wagering is legal, as long as such advertising does not solicit or provide information for the purpose of facilitating or enabling the placing or receipt of bets or wagers in a jurisdiction where such betting is illegal; or ``(D) the transmission of information assisting in the placing of bets or wagers from a State or foreign country where such bets or wagers are legal into a State or foreign country in which such betting or wagering is legal. ``(7) The term `transmission' or `transmit' means to place, send, receive, transfer, post, disseminate, or otherwise convey from one person or place to another. ``(8) The term `fantasy sports league or rotisserie league' means an activity that-- ``(A) consists of persons who pay an entrance or administrative fee to participate in a league that allows each participant to create a fictitious team composed of athletes from a professional sport; ``(B) allows for the selection or subsequent replacement of players without charging any fees in excess of the initial entrance or administrative fee; ``(C) allows a participant to accrue points for the performance of that participant's team that can be compared to the points secured by other participants and may award de minimis prizes daily, weekly, or monthly during the regular season or after each round of postseason play based on total points accrued, or other prizes at the conclusion of the regular season or postseason, or both based on the cumulative points accrued during the regular season or postseason, or both; ``(D) designates the specific prizes (including amounts, if monetary prizes) to be won by participants in the league at the start of the regular season before the registration of, or acceptance of fees from, the participants and does not base the value of prizes on the number of participants or the total amount of entrance or administrative fees collected; and ``(E) provides to each participant the rules governing the conduct of the fantasy sports league. ``(9) The term `bets or wagers' means the staking or risking by any person of something of value upon-- ``(A) any contest or game based in whole or in part on chance, including a lottery; ``(B) one or more sporting events or contests, or one or more performances of the participants in such events or contests, including any scheme of a type described in section 3702 of title 28, United States Code; or ``(C) a future contingent event not under the person's control or influence; with an agreement or understanding that the person or another person will or may receive something of value as a result of such stake or risk. However, such term does not include a bona fide business transaction in securities or commodities of the nature governed by the Federal securities and trading laws of the United States, a contract of indemnity or guarantee, a contract for insurance, or an entrance or administrative fee collected by a fantasy sports or rotisserie league where the operation of or participation in such league does not violate applicable Federal, State, tribal, or local laws and such league does not collect fees from or allow participation by individuals under the age of 18.''. SEC. 3. MODIFICATION OF EXISTING PROHIBITION. (a) In General.--Section 1084 of title 18, United States Code, is amended to read as follows: ``Sec. 1084. Use of a communication facility to transmit bets or wagers; penalties ``(a) Whoever being engaged in the business of betting or wagering knowingly uses a communication facility-- ``(1) for the transmission in interstate or foreign commerce, within the special maritime and territorial jurisdiction of the United States, or to or from any place outside the jurisdiction of any nation with respect to any transmission to or from the United States, of bets or wagers, or information assisting in the placing of bets or wagers; or ``(2) for the transmission of a communication in interstate or foreign commerce, within the special maritime and territorial jurisdiction of the United States, or to or from any place outside the jurisdiction of any nation with respect to any transmission to or from the United States, which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be fined under this title or imprisoned not more than two years, or both. ``(b) Nothing contained in this section creates immunity from criminal prosecution under any laws of any State or tribe. ``(c)(1) When any person or entity is notified in writing by a Federal, State, tribal, or local law enforcement agency, acting within its jurisdiction, that any communication facility furnished by it is being used or will be used by its subscriber for the purpose of transmitting bets or wagers, or information assisting in the placing of bets or wagers, in interstate or foreign commerce, within the special maritime and territorial jurisdiction of the United States, or to or from any place outside the jurisdiction of any nation with respect to any transmission to or from the United States in violation of Federal, State, tribal, or local law, it shall discontinue or refuse, the leasing, furnishing, or maintaining of such facility, after reasonable notice to the subscriber, but no damages, penalty, or forfeiture, civil or criminal, shall be found against any person or entity for any act done in compliance with any notice received from a law enforcement agency. Nothing in this section shall be deemed to prejudice the right of any person affected thereby to secure an appropriate determination, as otherwise provided by law, in a Federal court or in a State, tribal, or local tribunal or agency, that such facility should not be discontinued or removed, or should be restored. ``(2) A notice described in this subsection must-- ``(A) identify the communication facility, gambling related material, or activity that allegedly violates this section, and allege that such facility, material, or activity violates this section; ``(B) provide information reasonably sufficient to permit the provider of the wire communication facility to locate (and, as appropriate, to discontinue or refuse the leasing, furnishing, or maintaining) of such facility; ``(C) be supplied to any agent of a provider of the wire communication facility designated in accordance with section 512(c)(2) of title 17, if information regarding such designation is readily available to the public; ``(D) provide information that is reasonably sufficient to permit the provider of the wire communication facility to contact the law enforcement agency that issued the notice, including the name of the law enforcement agency, and the name and telephone number of an individual to contact at the law enforcement agency (and, if available, the electronic mail address of that individual); and ``(E) declare under penalties of perjury that the person submitting the notice is an official of the law enforcement agency described in subparagraph (D). ``(d) Nothing in this section shall repeal or amend the rights or privileges secured tribes under the Indian Gaming Regulatory Act of 1988 (25 U.S.C. 2701 et seq.) or under Indian treaties. ``(e) As used in this section-- ``(1) term `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a commonwealth, territory, or possession of the United States; and ``(2) the term `tribe' or `tribal' refers to an Indian tribe, as defined under section 4(5) of the Indian Gaming Regulatory Act of 1988 (25 U.S.C. 2703(5)). ``(f) Interactive Computer Service Providers.-- ``(1) Definitions.--In this subsection: ``(A) Interactive computer service.--The term `interactive computer service' means any interactive computer service that operates in interstate or foreign commerce and provides or enables access by multiple users to a computer server, including a service that-- ``(i) provides an information location tool to refer to link users to an online location, including a directory, index, or hypertext link; ``(ii) is engaged in the transmission, storage, retrieval, hosting, formatting, or translation of a communication made by another person without selection or alteration of the content of that communication, other than that done in good faith to prevent or avoid a violation of law; or ``(iii) provides access to the Internet. ``(B) Interactive computer service provider.--The term `interactive computer service provider' means any person that provides an interactive computer service, to the extent that such person offers or provides such service. ``(C) Internet.--The term `Internet' means the international computer network of both Federal and non- Federal interoperable packet switched data networks. ``(2) Immunity from liability for use by another.-- ``(A) In general.--An interactive computer service provider shall not be liable, under this section or any other provision of Federal or State law prohibiting or regulating gambling or gambling-related activities, for the use of its facilities or services by another person to engage in Internet gambling activity that violates such law-- ``(i) arising out of any transmitting, routing, or providing of connections for gambling-related material or activity (including intermediate and temporary storage in the course of such transmitting, routing, or providing connections) by the provider, if-- ``(I) the material or activity was initiated by or at the direction of a person other than the provider; ``(II) the transmitting, routing, or providing of connections is carried out through an automatic process without selection of the material or activity by the provider; ``(III) the provider does not select the recipients of the material or activity, except as an automatic response to the request of another person; and ``(IV) the material or activity is transmitted through the system or network of the provider without modification of its content; or ``(ii) arising out of any gambling-related material or activity at an online site residing on a computer server owned, controlled, or operated by or for the provider, or arising out of referring or linking users to an online location containing such material or activity, if the material or activity was initiated by or at the direction of a person other than the provider. ``(3) Immunity from liability for advertising or promotional activities.-- ``(A) An interactive computer service provider shall not be liable, under any provision of Federal or State law prohibiting or regulating gambling or gambling-related activities, or under any State law prohibiting or regulating advertising and promotional activities, for content, provided by another person, that advertises or promotes gambling activity that violates such law, unless the provider is engaged in the business of such gambling. ``(4) Effect on other law.-- ``(A) Immunity from liability for compliance.--An interactive computer service provider shall not be liable for any damages, penalty, or forfeiture, civil or criminal, under Federal or State law for taking in good faith any action to comply with a notice described in subsection (c). ``(B) Disclaimer of obligations.--Nothing in this section may be construed to impose or authorize an obligation on an interactive computer service provider-- ``(i) to monitor material or use of its service; or ``(ii) except as required by a notice under subsection (c), to discontinue or refuse the leasing, furnishing, or maintaining of a facility.''.

Exempts an interactive computer service from liability for: (1) the use of its facilities or services by another person to engage in Internet gambling; or (2) content provided by another person that advertises or promotes an unauthorized gambling activity.

Comprehensive Internet Gambling Prohibition Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sudden Unexpected Death Data Enhancement and Awareness Act''. SEC. 2. STILLBIRTH AND SUDDEN DEATHS IN THE YOUNG. The Public Health Service Act is amended by inserting after section 317L of such Act (42 U.S.C. 247b-13) the following: ``SEC. 317L-1. STILLBIRTH AND SUDDEN DEATHS IN THE YOUNG. ``(a) Stillbirth Activities.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall continue to carry out activities of the Centers relating to stillbirth, including the following: ``(1) Surveillance.-- ``(A) In general.--The Secretary shall provide for surveillance efforts to collect thorough, complete, and high-quality epidemiologic information on stillbirths, including through the utilization of existing surveillance systems (including the National Vital Statistics System (NVSS) and other appropriately equipped birth defects surveillance programs). ``(B) Standard protocol for surveillance.--The Secretary, in consultation with qualified individuals and organizations determined appropriate by the Secretary, to include representatives of health and advocacy organizations, State and local governments, public health officials, and health researchers, shall-- ``(i) provide for the continued development and dissemination of a standard protocol for stillbirth data collection and surveillance; and ``(ii) not less than every 5 years, review and, as appropriate, update such protocol. ``(2) Postmortem data collection and evaluation.--The Secretary, in consultation with qualified individuals and organizations determined appropriate by the Secretary, to include representatives of health professional organizations, shall-- ``(A) upon the enactment of this section, and not less than every 5 years thereafter, review existing guidelines for increasing and improving the quality and completeness of postmortem stillbirth evaluation and related data collection, including conducting and reimbursing autopsies, placental histopathology, and cytogenetic testing; and ``(B) develop strategies for implementing such guidelines and addressing any barriers to implementation of such guidelines. ``(b) Sudden Unexpected Infant Death Activities.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall continue to carry out activities of the Centers relating to sudden unexpected infant death (SUID), including the following: ``(1) Surveillance.-- ``(A) In general.--The Secretary shall provide for surveillance efforts to gather sociodemographic, death scene investigation, clinical history, and autopsy information on SUID cases through the review of existing records on SUID, including through the utilization of existing surveillance systems (including the national child death review case reporting system and SUID case registries). ``(B) Standard protocol for surveillance.--The Secretary, in consultation with qualified individuals and organizations determined appropriate by the Secretary, to include representatives of health and advocacy organizations, State and local governments, and public health officials, shall-- ``(i) provide for the continued development and dissemination of a standard protocol for SUID data reporting and surveillance; and ``(ii) not less than every 5 years, review and, as appropriate, update such protocol. ``(C) Goals for enhancing surveillance.--In carrying out activities under this subsection, the Secretary shall seek to accomplish the following goals: ``(i) Collecting thorough, complete, and high-quality death scene investigation data, clinical history, and autopsy findings. ``(ii) Collecting standardized information about the environmental and medical circumstances of death (including the sleep environment and quality of the death scene investigation). ``(iii) Supporting multidisciplinary infant death reviews, such as those performed by child death review committees, to collect and review the information and classify and characterize SUID using a standardized classification system. ``(iv) Facilitating the sharing of information to improve the public reporting of surveillance and vital statistics describing the epidemiology of SUID. ``(2) Standard protocol for death scene investigation.-- ``(A) In general.--The Secretary, in consultation with forensic pathologists, medical examiners, coroners, medicolegal death scene investigators, law enforcement personnel, emergency medical technicians and paramedics, public health agencies, and other individuals and organizations determined appropriate by the Secretary, shall-- ``(i) provide for the continued dissemination of a standard death scene investigation protocol; and ``(ii) not less than every 5 years, review and, as appropriate, update such protocol. ``(B) Content of death scene protocol.--The protocol disseminated under subparagraph (A) shall include information on-- ``(i) the current and past medical history of the infant; ``(ii) family medical history; ``(iii) the circumstances surrounding the death, including any suspicious circumstances; ``(iv) the sleep position and sleep environment of the infant; and ``(v) any accidental or environmental factors associated with death. ``(3) Guidelines for a standard autopsy protocol.--The Secretary, in consultation with the Attorney General of the United States, forensic pathologists, medical examiners, coroners, pediatric pathologists, pediatric cardiologists, pediatric neuropathologists, geneticists, infectious disease specialists, and other individuals and organizations determined appropriate by the Secretary, shall-- ``(A) develop guidelines for a standard autopsy protocol for SUID; and ``(B) not less than every 5 years, review and, as appropriate, update such guidelines. ``(4) Training.--The Secretary, in consultation with the Attorney General of the United States, may-- ``(A) conduct or support-- ``(i) training activities for medical examiners, coroners, medicolegal death scene investigators, law enforcement personnel, and emergency medical technicians or paramedics concerning death scene investigations for SUID, including the use of standard death scene investigation protocols disseminated under paragraph (2); and ``(ii) training activities for medical examiners, coroners, and forensic pathologists concerning standard autopsy protocols for SUID developed under paragraph (3); and ``(B) make recommendations to health professional organizations regarding the integration of protocols disseminated or developed under this subsection, and training conducted or supported under this paragraph, into existing training and continuing education programs. ``(c) Sudden Unexplained Death in Childhood Activities.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall continue to carry out activities of the Centers relating to sudden unexpected death in childhood (SUDC), including the following: ``(1) Surveillance.--The Secretary, in consultation with the Director of the National Institutes of Health, shall provide for surveillance efforts to gather sociodemographic, death scene investigation, clinical history, and autopsy information on SUDC cases through the review of existing records on SUDC, including through the utilization of existing surveillance systems (including the Sudden Death in the Young Registry). ``(2) Guidelines for a standard autopsy protocol.--The Secretary, in consultation with the Attorney General of the United States, forensic pathologists, medical examiners, coroners, pediatric pathologists, pediatric cardiologists, pediatric neuropathologists, geneticists, infectious disease specialists, and other individuals and organizations determined appropriate by the Secretary, may-- ``(A) develop guidelines for a standard autopsy protocol for SUDC; and ``(B) not less than every 5 years, review and, as appropriate, update such guidelines. ``(3) Review of applicability of programs and activities.-- Not later than 18 months after the date of enactment of this section, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, and in consultation with the Director of the National Institutes of Health, shall complete an evaluation of the possibility of carrying out or intensifying, with respect to SUDC, the types of programs and activities that are authorized to be carried out under subsection (b) with respect to SUID. ``(d) Report to Congress.--Not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall submit to the Congress a report on the implementation of this section. Such report shall include-- ``(1) the results of the evaluation under subsection (c)(3); and ``(2) a description of any activities that-- ``(A) are being carried out by the Centers for Disease Control and Prevention in consultation with the National Institutes of Health relating to stillbirth, SUID, or SUDC; and ``(B) are in addition to the activities being carried out pursuant to this section. ``(e) Definitions.--In this section: ``(1) The term `stillbirth' means a spontaneous fetal death that-- ``(A) occurs at 20 or more weeks gestation; or ``(B) if the age of the fetus is not known, involves a fetus weighing 350 grams or more. ``(2) The terms `sudden unexpected infant death' and `SUID' mean the death of an infant less than 1 year of age-- ``(A) which occurs suddenly and unexpectedly; and ``(B) whose cause-- ``(i) is not immediately obvious prior to investigation; and ``(ii) is either explained upon investigation or remains unexplained. ``(3) The terms `sudden unexplained death in childhood' and `SUDC' mean the sudden death of a child 1 year of age or older which remains unexplained after a thorough case investigation that includes-- ``(A) a review of the clinical history and circumstances of death; and ``(B) performance of a complete autopsy with appropriate ancillary testing. ``(f) Funding.--This section shall not be construed to increase the amount of appropriations that are authorized to be appropriated for any fiscal year.''.

Sudden Unexpected Death Data Enhancement and Awareness Act - Amends the Public Health Service Act to require the Director of the Centers for Disease Control and Prevention (CDC) to continue activities relating to stillbirth, sudden unexpected infant death (SUID), and sudden unexpected death in childhood (SUDC). Requires the CDC to provide for collection of epidemiologic information on stillbirths, including through existing surveillance systems. Requires the CDC to develop and periodically update a standard data collection protocol and guidelines for postmortem stillbirth evaluation. Directs the CDC to provide for collection of sociodemographic, death scene investigation, clinical history, and autopsy information on SUID and SUDC cases through the review of existing records. Requires the CDC to develop and periodically update standard protocols for data collection and death scene investigation for SUID. Sets forth goals for SUID surveillance, including: (1) collecting information about the environmental and medical circumstances of death, (2) supporting multidisciplinary infant death reviews to classify and characterize SUID, and (3) facilitating information sharing to improve reporting of SUID. Requires the death scene investigation protocol to include the collection of infant and family medical history, circumstances surrounding death, the infant's sleep position and sleep environment, and any accidental or environmental factors associated with the death. Directs the CDC to develop and periodically update guidelines for standard autopsy protocols for SUID and SUDC. Allows the Attorney General to conduct and support training for medical examiners, coroners, and others regarding standard protocols for death scene investigation and autopsies.

Sudden Unexpected Death Data Enhancement and Awareness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Parents Corps Act of 2008''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Most parents work and have limited time to volunteer at the schools their children attend. (2) A parent's first responsibility is to the health, safety, and stability of their children. (3) Nearly one-third of children in the United States ages 12 to 17 have used illicit drugs. (4) According to the American Lung Association, approximately 4,000 children between the ages of 12 and 17 will smoke their first cigarette, and adolescents who reported smoking cigarettes in the last 30 days were more likely to use alcohol, smoke marijuana, and use cocaine during the same period. (5) Accidents, homicides, and suicides are the leading causes of adolescent deaths. Most of these deaths are connected to alcohol and drug use. (6) The Office of National Drug Control Policy reports that early action from friends, parents, or loved-ones of a teen who has started using drugs could help the teen stop before treatment may be needed. (7) In response to concerns about youth violence and drug, tobacco, and alcohol use by youth, the White House unveiled the Parents Corps, a 3 year initiative operating in 9 States to bring together citizenship, service, and responsibility to empower parents to keep their children, schools, and communities drug-free. SEC. 3. NATIONAL PARENTS CORPS PROGRAM. (a) Grant To Establish the Program.--Subject to the availability of appropriations to carry out this Act, the Administrator shall, not later than 3 months after the date of the enactment of this Act, award a grant to an eligible nonprofit entity to establish a National Parents Corps Program (referred to in this Act as the ``Program'') to promote safety, combat youth violence, and combat drug and alcohol abuse in schools in the United States. The eligible nonprofit entity awarded such grant shall be known as the ``NPCP Nonprofit Partner''. (b) Program Activities.--The NPCP Nonprofit Partner shall use the grant awarded under this section to establish and administer the Program, which shall include-- (1) employing Parent Leaders to carry out the Program at eligible schools that are selected to host Parent Leaders, in accordance with sections 4 and 5; and (2) working with schools, parents of children enrolled in schools, local nonprofit organizations, and law enforcement agencies and officers to promote safety, combat youth violence, and combat drug, alcohol, and tobacco abuse in schools. SEC. 4. PARTICIPATION OF SCHOOLS. (a) In General.--Not later than one year after the date of enactment of this Act and annually thereafter, the NPCP Nonprofit Partner shall solicit applications from eligible schools desiring to participate in the Program by hosting a Parent Leader. Each eligible school selected to host a Parent Leader shall enter into a memorandum of understanding with the NPCP Nonprofit Partner-- (1) in which the eligible school agrees to participate in the Program and host a Parent Leader for the number of years that is equal to the number of grade levels taught at the school; and (2) that outlines the parameters and goals of hosting a Parent Leader and carrying out the Program at the eligible school, including how the Parent Leader and the operation of the Program will address the cultural, social, and crime prevention needs and goals of the students at such school. (b) Selection Considerations.--In selecting eligible schools to host Parent Leaders under this Act, the NPCP Nonprofit Partner shall ensure that, to the extent practicable, the eligible schools selected represent schools-- (1) that are located in a variety of geographical regions in the United States; (2) in urban, rural, and suburban areas; and (3) in ethnically and economically diverse communities. SEC. 5. PARENT LEADERS. (a) Parent Leader for Each School.--For each eligible school selected to participate in the Program as a host school under section 4, the NPCP Nonprofit Partner shall, after consultation with the principal of the selected school, solicit applications for, hire, and employ one Parent Leader. The Nonprofit Partner shall use the grant funds provided under this Act to train, supervise, support, and provide a salary and benefits to each Parent Leader. (b) Duties of Parent Leaders.--Each Parent Leader employed by the Nonprofit Partner shall, with respect to the eligible school hosting the Parent Leader-- (1) educate and mobilize parents of students at the school to combat criminal and gang activity and prevent students from social, cultural, and commercial forces that encourage children and adolescents to initiate the use of drugs, alcohol, and tobacco; (2) create a delivery system to provide parents of students at the school with information regarding science-based prevention and analysis related to early recognition of behaviors and traits that may lead to or indicate drug, alcohol, and tobacco use and abuse, gang activity, and violence; (3) work with school officials, other parents of students at the school, and students at the school to develop programs and practices to treat, prevent, and reduce violence and drug, alcohol, and tobacco addiction for students at the school; (4) assist parents of students at the school and school administrators with finding professional assistance for any child who-- (A) is using drugs, including referrals to professionals who can assess the needs of the child for counseling, treatment, and other appropriate assistance; or (B) is engaged in violent activities or gang activities; (5) recruit and train parent and student volunteers from the school to participate in drug and violence prevention and education outreach and programming; and (6) consult with the NPCP Nonprofit Partner, school administrators, local government authorities, local nonprofit organizations, and other parents to develop best practices and training models related to the prevention of school violence and drug, alcohol, and tobacco use and abuse by students. (c) Parent Leader Eligibility.--To be eligible to be employed as a Parent Leader under this Act, an individual shall-- (1) be the parent (as such term is defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) of at least one student who will be enrolled, during the first year the individual will be employed as a Parent Leader, in the lowest grade level offered at the school that will host the Parent Leader; (2) not be employed full-time at any position other than as a Parent Leader; (3) complete a background check, including criminal records checks, fingerprint-based checks of State and national crime information databases (as defined in section 534(e)(3)(A) of title 28, United States Code), checks in any available child abuse and neglect registries, and checks in any available sex offender registries; and (4) enter into an agreement with the NPCP Nonprofit Partner to serve as a Parent Leader for a number of years that is equal to the number of years normally required for a student to complete all of the grade levels offered at the school that will host the Parent Leader (as determined by the school), except that the individual shall not be required to continue to serve as Parent Leader in the case of an extreme, unforeseen circumstance (such as death, disability, relocation, or criminal activity) that prevents the individual from completing the term of service required under this paragraph. (d) Vacancies.--If an individual who is employed as a Parent Leader is unable to complete the term of service required under subsection (c)(4), the NPCP Nonprofit Partner shall, after consultation with the host school at which the Parent Leader was serving, promptly solicit applications for, hire, and employ another individual to serve as Parent Leader at such school, in accordance with the requirements of this section. SEC. 6. REPORTING REQUIREMENTS. (a) Reports by Parent Leaders.--Not less than once each calendar quarter during each year a Parent Leader is employed by the NPCP Nonprofit Partner, the Parent Leader shall submit to the NPCP Nonprofit Partner and the school hosting the Parent Leader a report including activities carried out by the Parent Leader to carry out the Program, the results of such activities, best practices observed and used by the Parent Leader to carry out the Program, and any other information the Parent Leader, the NPCP Nonprofit Partner, or the school hosting the Parent Leader determine to be appropriate. (b) Reports by NPCP Nonprofit Partner.--Not later than 6 months after the date of the enactment of this Act, and every 6 months thereafter, the NPCP Nonprofit Partner shall prepare and submit to the Administrator a report on the progress and effectiveness of the Program, including-- (1) statistics, trends, and other data analyzing whether the Program is effective at preventing school violence and drug, alcohol, and tobacco use and abuse by students; (2) a summary of the reports submitted by Parent Leaders; and (3) the results and best practices reported by the Parent Leader at each school hosting a Parent Leader. (c) Reports by Administrator.--Not later than one year after the date of the enactment of this section, and annually thereafter, the Administrator shall prepare and submit to the Attorney General and the appropriate Congressional committees a report relating to the progress and effectiveness of the Program. SEC. 7. SENSE OF THE CONGRESS. It is the sense of the Congress that eligible schools selected to host a Parent Leader in accordance with section 4 should take such actions as may be necessary to secure funding to employ a Parent Leader to carry out the Program after Federal funding is no longer available to carry out this Act. SEC. 8. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Office of Juvenile Justice and Delinquency Prevention. (2) Eligible nonprofit entity.--The term ``eligible nonprofit entity'' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that-- (A) was operating on the day before the date of the enactment of this Act; (B) has demonstrated experience administering Federal grants in a fiscally responsible manner, as determined by the Administrator; (C) has administered national programs relating to addiction and parenting; (D) has developed and administered programs similar to the Program authorized under this Act; (E) has worked with the Corporation for National and Community Service, the Department of Health and Human Services, and the Department of Justice in assessing and developing initiatives relating to youth drug prevention and parental involvement; and (F) has as its mission to focus on child and youth drug prevention. (3) Eligible school.--The term ``eligible school'' means a public middle school or secondary school (as such term is defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) that has demonstrated a commitment, as determined by the Secretary, to-- (A) increasing parental involvement in the school; and (B) reducing drug, alcohol, and tobacco abuse by students enrolled in the school. (4) Appropriate congressional committees.--The term ``appropriate Congressional committees'' means the Committee on the Judiciary, the Committee on Education and Labor, and the Appropriations Committee in the House of Representatives, and the Committee on the Judiciary, the Committee on Health, Education, Labor and Pensions, and the Appropriations Committee in the Senate. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--In addition to other amounts otherwise appropriated to carry out the purposes of this Act, there are authorized to be appropriated to carry out this Act $5,500,000 for each of the fiscal years 2009 through 2019. (b) Funding From Other Sources.--The Administrator, the NPCP Nonprofit Partner, and eligible schools selected to host a Parent Leader in accordance with section 4 are authorized to solicit, receive, and use funding from State, local, and private sources to carry out the Program, including for expenses related to employing Parent Leaders.

National Parents Corps Act of 2008 - Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention, subject to the availability of appropriations, to award a grant to a nonprofit entity (to be known as the NPCP Nonprofit Partner) to establish a National Parents Corps program to promote safety and combat youth violence and substance abuse in public middle or secondary schools. Requires the NPCP Nonprofit Partner to: (1) select for program participation annually schools that agree to host a Parent Leader for a number of years equal to the number of grade levels they offer; and (2) employ, after a background check, a Parent Leader from among the parents of students enrolled in the lowest grade at each participating school to work on a full-time basis with students, other parents, and school officials to treat, prevent, and reduce violence and drug, alcohol, and tobacco addiction among students. Urges participating schools to take the measures necessary to secure funding for the employment of Parent Leaders after federal funding becomes unavailable.

To establish a National Parents Corps Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Unlicensed Spectrum Act of 2015''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Energy and Commerce of the House of Representatives; (2) the term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Communications and Information; (3) the term ``Commission'' means the Federal Communications Commission; (4) the term ``Federal entity'' has the meaning given the term in section 113(l) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(l)); (5) the term ``Spectrum Relocation Fund'' means the Fund established under section 118 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928); and (6) the term ``unlicensed operations'' means the use of spectrum on a nonexclusive basis and without the expectation of protection from interference under-- (A) part 15 of title 47, Code of Federal Regulations; or (B) licensing by rule under part 96 of title 47, Code of Federal Regulations. SEC. 3. FEDERAL COMMUNICATIONS COMMISSION ALLOCATION AND ALLOTMENT OF SPECTRUM. (a) In General.--The Commission shall ensure that spectrum allocation and assignment produce a balance between radio frequency bands available for-- (1) exclusive licensing through an auction; and (2) unlicensed operations. (b) Rulemaking.--Not later than 18 months after the date of enactment of this Act, the Commission shall-- (1) promulgate rules to implement subsection (a), including establishing a process that will achieve the mandate under subsection (a) in the future allocation and assignment of radio frequency bands; and (2) consider whether to adopt rules that permit unlicensed operations in spectrum assigned by auction until the licensee brings the spectrum into use by initiating commercial service. (c) Inclusion in Service Rules.--The Commission shall include in the service rules of an auction for spectrum any rules promulgated under subsection (b). (d) Inclusion in Reports.--The Commission shall ensure that each report submitted to Congress under section 1006 of the Bipartisan Budget Act of 2015 (Public Law 114-74; 129 Stat. 584) reflects the rulemaking required under this section. SEC. 4. NATIONAL STRATEGY FOR UNLICENSED SPECTRUM. (a) Statement of Policy.--It is the policy of the United States to-- (1) maximize the utility of the spectrum resources of the United States; (2) advance innovation and investment in wireless broadband services; and (3) promote a balanced spectrum policy that makes adequate spectrum resources available for both licensed and unlicensed technologies. (b) National Strategy.--Not later than 1 year after the date of enactment of this Act, the Commission, in consultation with the Assistant Secretary, shall develop a national strategy for making additional radio frequency bands available for unlicensed operations. (c) Considerations.--The strategy developed under subsection (b) shall include-- (1) identification of proposed radio frequency bands to be cleared of incumbent users to permit use by devices conducting unlicensed operations; (2) consideration of a balanced approach that ensures that consumers have access to additional low-, mid-, and high-band radio frequency spectrum to conduct unlicensed operations; (3) consideration of rules to permit spectrum sharing to make available additional radio frequency ranges for unlicensed operations, including-- (A) expanding utilization of the spectrum sharing model implemented by the Commission for the spectrum between 3550 and 3650 megahertz; (B) allowing underlay unlicensed operations in spectrum allocated for other services in a manner that does not cause harmful interference to licensees; and (C) any other spectrum sharing approach that the Commission finds will-- (i) expand opportunities for unlicensed operations in a spectrum band; or (ii) otherwise improve spectrum utilization; (4) examination of additional ways to improve the accuracy and efficacy of existing and planned databases or spectrum access systems designed to promote spectrum sharing and access to spectrum for unlicensed operations; and (5) consideration of the extent to which additional bands used for unlicensed operations may be harmonized to achieve greater economies of scale. (d) Report Required.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report that describes the strategy developed under subsection (b), including any recommendations for legislative change. (2) Publication on commission website.--Not later than the date on which the Commission submits the report under paragraph (1), the Commission shall make the report publicly available on the website of the Commission. SEC. 5. MAKING FEDERAL SPECTRUM AVAILABLE FOR UNLICENSED OPERATION. (a) In General.--Not later than 270 days after the date of enactment of this Act, the Assistant Secretary, in conjunction with the Commission and the Director of the Office of Management and Budget, shall submit to the appropriate committees of Congress a report on the steps necessary to designate additional radio frequency bands used by Federal entities for unlicensed operations in a manner that does not cause harmful interference to Federal Government operations. (b) Considerations.--The report required under subsection (a) shall consider-- (1) recommendations on how to reform the Spectrum Relocation Fund to address costs incurred by Federal entities related to sharing radio frequency bands with radio technologies conducting unlicensed operations; (2) recommendations for ensuring the solvency of the Spectrum Relocation Fund if the Spectrum Relocation Fund is used to cover the costs described in paragraph (1); (3) whether it may be possible for unlicensed operations to be permitted on an underlay basis in spectrum bands used by Federal entities without causing harmful interference to Federal Government operations, including impacting homeland security or national security communications needs; and (4) whether other spectrum sharing techniques may be used to facilitate access by radio technologies conducting unlicensed operations to Federal spectrum, such as with the access system used by the Commission for the spectrum between 3550 and 3650 megahertz.

Promoting Unlicensed Spectrum Act of 2015 This bill requires the Federal Communications Commission (FCC) to ensure that spectrum allocation and assignment produces a balance between radio frequency bands available for: (1) exclusive licensing through an auction, and (2) unlicensed operations on a nonexclusive basis without the expectation of protection from interference. The FCC must consider whether to adopt rules that permit unlicensed operations in spectrum assigned by auction until the licensee brings the spectrum into use by initiating commercial service. The bill declares that it is the policy of the United States to: maximize the utility of the spectrum resources of the United States, advance innovation and investment in wireless broadband services, and promote a balanced spectrum policy that makes adequate spectrum resources available for both licensed and unlicensed technologies. The FCC must consult with the National Telecommunications and Information Administration (NTIA) to develop a national strategy for making additional radio frequency bands available for unlicensed operations. The strategy must: (1) identify proposed radio frequency bands to be cleared of incumbent users; (2) ensure that consumers have access to additional low-, mid-, and high-band frequencies for unlicensed operations; and (3) consider rules and other ways to promote spectrum sharing and improve spectrum utilization. The NTIA, in conjunction with the FCC and the Office of Management and Budget, must submit to Congress a report on the steps necessary to designate additional radio frequency bands used by federal entities for unlicensed operations without causing harmful interference to government operations. The report must consider the impact on homeland security or national security communications and include recommendations to ensure the solvency of the Spectrum Relocation Fund.

Promoting Unlicensed Spectrum Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Refugee Women and Children Protection Act''. SEC. 2. UNITED STATES POLICY CONCERNING OVERSEAS ASSISTANCE TO REFUGEES AND DISPLACED PERSONS. (a) Standards for Refugee Women and Children.--The United States Government, in providing for overseas assistance and protection of refugees and displaced persons, shall seek to address the protection and provision of basic needs of refugee women and children who represent 80 percent of the world's refugee population. As called for in the 1991 United Nations High Commissioner for Refugees (UNHCR) ``Guidelines on the Protection of Refugee Women,'' whether directly, or through international organizations and nongovernmental voluntary organizations, the Secretary of State shall ensure-- (1) specific attention on the part of the United Nations and relief organizations to recruit and employ female protection officers; (2) implementation of gender awareness training for field staff including, but not limited to, security personnel; (3) the protection of refugee women and children from violence and other abuses on the part of governments or insurgent groups; (4) full involvement of women refugees in the planning and implementation of (A) the delivery of services and assistance, and (B) the repatriation process; (5) incorporation of maternal and child health needs into refugee health services and education, specifically to include education on and access to services in reproductive health and birth spacing; (6) the availability of counseling and other services, grievance processes, and protective services to victims of violence and abuse, including but not limited to rape and domestic violence; (7) the provision of educational programs, particularly literacy and numeracy, vocational and income-generation training, and other training efforts promoting self-sufficiency for refugee women, with special emphasis on women heads of household; (8) education for all refugee children, ensuring equal access for girls, and special services and family tracing for unaccompanied refugee minors; (9) the collection of data that clearly enumerate age and gender so that appropriate health, education, and assistance programs can be planned; (10) the recruitment, hiring, and training of more women program professionals in the international humanitarian field; and (11) gender-specific training for program staff of the United Nations High Commissioner for Refugees (UNHCR) and nongovernmental voluntary organizations on implementation of the 1991 UNHCR ``Guidelines on the Protection of Refugee Women''. (b) Procedures.--The Secretary of State shall adopt specific procedures to ensure that all recipients of United States Government refugee and migration assistance funds implement the standards outlined in subsection (a). (c) Requirements for Refugee and Migration Assistance.--The Secretary of State, in providing migration and refugee assistance, should support the protection efforts set forth under this Act by raising at the highest levels of government the issue of abuses against refugee women and children by governments or insurgent groups that engage in, permit, or condone-- (1) a pattern of gross violations of internationally recognized human rights, such as torture or cruel, inhumane, or degrading treatment or punishment, prolonged detention without charges, or other flagrant denial to life, liberty, and the security of person; (2) the blockage of humanitarian relief assistance; (3) gender-specific persecution such as systematic individual or mass rape, forced pregnancy, forced abortion, enforced prostitution, any form of indecent assault or act of violence against refugee women, girls, and children; or (4) continuing violations of the integrity of the person against refugee women and children on the part of armed insurgents, local security forces, or camp guards. (d) Investigation of Reports.--Upon receipt of credible reports of abuses under subsection (c), the Secretary of State should immediately investigate such reports through emergency fact-finding missions or other means of investigating such reports and help identify appropriate remedial measures. (e) Multilateral Organizations.--The United States Government shall use its voice and vote in the United Nations and its participation in other multilateral organizations, to promote policies which seek to protect and address basic human rights and needs of refugee women and children. The Secretary of State shall work to ensure that multilateral organizations fully incorporate the needs of refugee women and children into all elements of refugee assistance programs. (f) Sense of Congress on Multilateral Implementation of the 1991 UNHCR ``Guidelines on the Protection of Refugee Women''.--It is the sense of the Congress that the President should enter into bilateral and multilateral negotiations to encourage other governments that provide refugee assistance to adopt refugee assistance policies designed to encourage full implementation of the UNHCR's 1991 ``Guidelines on the Protection of Refugee Women''.

Refugee Women and Children Protection Act - Directs the U.S. Government, in providing for overseas assistance and protection of refugees and displaced persons, to address the protection and basic needs of refugee women and children. Requires the Secretary of State to take certain steps concerning such refugees as called for in the 1991 United Nations High Commissioner for Refugees (UNHCR) Guidelines on the Protection of Refugee Women. Directs the Secretary to ensure that all recipients of U.S. Government refugee and migration assistance implement such steps. Requires the Secretary, in providing such assistance, to raise at the highest levels of government the issue of abuses against refugee women and children by governments or insurgent groups that engage in or permit: (1) gross violations of internationally recognized human rights; (2) the blockage of humanitarian relief assistance; (3) gender-specific persecution; and (4) continuing violations of the integrity of the person against refugee women and children on the part of armed insurgents, local security forces, or camp guards. Declares that the Secretary should immediately investigate credible reports of abuses and identify remedial measures. Requires the U.S. Government to use its vote in the United Nations and participation in other multilateral organizations to promote policies which protect human rights and needs of refugee women and children. Expresses the sense of the Congress that the President should enter into negotiations to encourage other governments that provide refugee assistance to adopt refugee assistance policies to encourage full implementation of the UNHCR' s 1991 Guidelines.

Refugee Women and Children Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Museum and Library Services Technical and Conforming Amendments of 1997''. SEC. 2. APPOINTMENT OF EMPLOYEES. Section 206 of the Museum and Library Services Act (20 U.S.C. 9105 et seq.) is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: ``(b) Appointment and Compensation of Technical and Professional Employees.-- ``(1) In general.--Subject to paragraph (2), the Director may appoint without regard to the provisions of title 5, United States Code, governing the appointment in the competitive service and may compensate without regard to the provisions of chapter 51 or subchapter III of chapter 53 of such title (relating to the classification and General Schedule pay rates), such technical and professional employees as the Director determines to be necessary to carry out the duties of the Institute. ``(2) Number and compensation.--The number of employees appointed and compensated under paragraph (1) shall not exceed \1/ 5\ of the number of full-time regular or professional employees of the Institute. The rate of basic compensation for the employees appointed and compensated under paragraph (1) may not exceed the rate prescribed for level GS-15 of the General Schedule under section 5332 of title 5.''. SEC. 3. SPECIAL LIBRARIES. Section 213(2)(E) of the Museum and Library Services Act (20 U.S.C. 9122(2)(E)) is amended-- (1) by inserting ``or other special library'' after ``a private library''; and (2) by inserting ``or special'' after ``such private''. SEC. 4. RESERVATIONS. Section 221(a)(1) of the Museum and Library Services Act (20 U.S.C. 9131(a)(1)) is amended-- (1) in subparagraph (A), by striking ``1\1/2\ percent'' and inserting ``1.75 percent''; and (2) in subparagraph (B), by striking ``4 percent'' and inserting ``3.75 percent''. SEC. 5. MAINTENANCE OF EFFORT. The second sentence of section 223(c)(1)(A)(i) of the Museum and Library Services Act (20 U.S.C. 9133(c)(1)(A)(i)) is amended to read as follows: ``The amount of the reduction in the allotment for any fiscal year shall be equal to the allotment multiplied by a fraction-- ``(I) the numerator of which is the result obtained by subtracting the level of such State expenditures for the fiscal year for which the determination is made, from the average of the total level of such State expenditures for the 3 fiscal years preceding the fiscal year for which the determination is made; and ``(II) the denominator of which is the average of the total level of such State expenditures for the 3 fiscal years preceding the fiscal year for which the determination is made.''. SEC. 6. SERVICE TO INDIAN TRIBES. Section 261 of the Museum and Library Services Act (20 U.S.C. 9161) is amended-- (1) in the section heading, by striking ``INDIAN TRIBES'' and inserting ``NATIVE AMERICANS''; and (2) by striking ``to organizations'' and all that follows through ``such organizations'' and inserting ``to Indian tribes and to organizations that primarily serve and represent Native Hawaiians (as the term is defined in section 9212 of the Native Hawaiian Education Act (20 U.S.C. 7912) to enable such tribes and organizations''. SEC. 7. NATIONAL LEADERSHIP GRANTS OR CONTRACTS. Section 262 of the Museum and Library Services Act (20 U.S.C. 9162) is amended-- (1) in the section heading, by striking ``NATIONAL LEADERSHIP GRANTS OR CONTRACTS'' and inserting ``NATIONAL LEADERSHIP GRANTS, CONTRACTS, OR COOPERATIVE AGREEMENTS''; (2) in subsection (a)-- (A) by striking ``program awarding national leadership grants or contracts'' and inserting ``program of awarding grants or entering into contracts or cooperative agreements''; and (B) by striking ``Such grants or contracts'' and inserting ``Such grants, contracts, and cooperative agreements''; (3) in subsection (b)-- (A) in the section heading, by striking ``(b) Grants or Contracts'' and inserting ``(b) Grants, Contracts, or Cooperative Agreements''; and (B) in paragraph (1), by inserting ``or cooperative agreements,'' after ``contracts''; and (C) in paragraph (2), by striking ``Grants and contracts'' and inserting ``Grants, contracts, and cooperative agreements''. SEC. 8. CORRECTION OF TYPOGRAPHICAL ERROR. Section 262(a)(3) of the Museum and Library Services Act (20 U.S.C. 9162(a)(3)) is amended by striking ``preservation of digitization'' and inserting ``preserving or digitization''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Museum and Library Services Technical and Conforming Amendments of 1997 - Amends the Museum and Library Services Act to authorize the Director of the Institute of Museum and Library Services to appoint and compensate technical and professional Institute employees without regard to Federal civil service law, provided that the number of such employees does not exceed one-fifth of the number of the Institute's full-time regular or professional employees and their compensation does not exceed a specified level. Covers special libraries under the Act, if the States in which they are located determine they should be considered libraries. Revises provisions, including the formula for reservation of funds, for: (1) grants for services to Indian tribes; and (2) national leadership grants or contracts. Revises the formula for maintenance of effort by States.

Museum and Library Services Technical and Conforming Amendments of 1997

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Protecting Seniors from Health Care Fraud Act of 2013''. (b) Findings.--Congress finds the following: (1) Seniors are more vulnerable to fraud than the general population. (2) Because seniors require more health care services than the general population, they need more information on health care schemes so they can protect themselves. (3) The Department of Health and Human Services should provide more up-to-date information in order to educate seniors on health care scams. SEC. 2. DISTRIBUTION OF ADDITIONAL INFORMATION TO SENIORS TO PREVENT HEALTH CARE FRAUD. Section 1804 of the Social Security Act (42 U.S.C. 1395b-2) is amended by adding at the end the following new subsection: ``(d) Distribution of Additional Information on Health Care Fraud.-- ``(1) Annual reports on health care fraud schemes.-- ``(A) In general.--In connection with the Health Care Fraud and Abuse Control Program established under section 1128C, the Secretary, acting through the Office of the Inspector General of the Department of Health and Human Services, and the Attorney General, shall transmit to Congress, and make available to the public, an annual report on health care fraud schemes that are targeted to seniors and steps that are being taken to combat such schemes and to educate seniors concerning such schemes. The first such report shall be transmitted and made available not later than 2 years after the date of the enactment of this subsection. ``(B) Contents of reports.-- ``(i) In general.--Subject to clause (ii), each annual report under subparagraph (A) shall include the following information: ``(I) Identification of most prevalent fraud schemes.--The identification of the 10 most prevalent health care fraud schemes that are targeted to seniors and the prevalence and trends in such schemes. ``(II) Protection of seniors.-- Actions that seniors and law enforcement and government agencies are taking and can take to combat such schemes and to protect seniors against health care fraud schemes. ``(III) Additional suggestions.-- Policy suggestions to improve protections for seniors, including whether the additional information provided under this subsection is helping seniors in protecting them against fraud. ``(ii) Limitations.--The Secretary may-- ``(I) omit information from an annual report on fraud schemes targeting seniors if public disclosure of the information would compromise an ongoing investigation; and ``(II) report information on fraud schemes by categories in an annual report if a more detailed disclosure of such a scheme would educate criminals rather than seniors. ``(iii) Private-public partnership.--The Secretary, acting through the Office of the Inspector General of the Department of Health and Human Services and the Attorney General, may enter into an arrangement between public and private partners to develop the report that identifies the top 10 most prevalent health care fraud schemes and the associated report information. ``(C) Quarterly updating.--The information described in clauses (i) and (ii) of subparagraph (B) shall be updated quarterly to reflect changes in fraud schemes and methods to combat and educate seniors concerning such schemes. ``(D) Languages.--Such reports, as updated, shall be available in English and Spanish. ``(2) Dissemination of reports and top 10 list.-- ``(A) In general.--The Secretary shall-- ``(i) disseminate the reports under paragraph (1) to Medicare beneficiaries through mechanisms that reach the most Medicare beneficiaries; and ``(ii) provide for the mailing to each Medicare beneficiary of a list of the top 10 most prevalent health care fraud schemes. ``(B) Quarterly updates of top 10 list included with medicare summary notices.--The Secretary shall include an updated list of the top 10 most prevalent health care fraud schemes under paragraph (1)(C) with the quarterly Medicare summary notices mailed to Medicare beneficiaries. ``(C) Posting of reports and quarterly updates on websites.--The annual reports, and quarterly updates, under this subsection shall be posted on the website of the Health Care Fraud and Abuse Control Program and on other websites maintained or supported by the Secretary relating to the Medicare program, the State Health Insurance Assistance Program, and Senior Medicare Patrol of the Administration on Aging. ``(3) Sources of information for reports.--Information for the reports and updates under paragraph (1) shall be gathered from at least the following sources: ``(A) Department of health and human services.--The following sources within the Department of Health and Human Services: ``(i) Medicare hotlines, including 1-800- MEDICARE, 1-800-HHSTIPS, and Medicare fraud toll-free hotlines and websites (such as www.stopmedicarefraud.gov) established by the Office of the Inspector General of the Department of Health and Human Services and the Centers for Medicare & Medicaid Services. ``(ii) State Health Insurance Assistance Programs (SHIPs). ``(iii) The Administration on Community Living, including-- ``(I) the Senior Medicare Patrol (SMP) of the Administration on Aging; and ``(II) Aging and Disability Resource Centers. ``(iv) Medicare administrative contractors, fiscal intermediaries, and other contractors with the Centers for Medicare & Medicaid Services performing functions which may relate to fraud and abuse under the Medicare program. ``(v) The Indian Health Service. ``(B) Department of justice.--The Department of Justice, including the Federal Bureau of Investigation. ``(C) SSA.--The Social Security Administration. ``(D) FTC.--The Federal Trade Commission. ``(E) Optional additional sources.--At the option of the Secretary-- ``(i) State agencies that deal with elder abuse; and ``(ii) other governmental and nongovernmental entities with expertise in the protection of seniors from health care fraud as deemed appropriate.''.

Protecting Seniors from Health Care Fraud Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS), acting through the HHS Office of Inspector General, and the Attorney General to report annually to Congress and the public on health care fraud schemes targeted to seniors and steps being taken to combat such schemes and to educate seniors about them. Directs the Secretary to: (1) disseminate such reports through mechanisms that reach the most Medicare beneficiaries, and (2) mail to each Medicare beneficiary a list of the top 10 most prevalent health care fraud schemes.

Protecting Seniors from Health Care Fraud Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Acquisition Workforce Improvement and Streamlining Act''. SEC. 2. IMPROVEMENT TO HIRING AND TRAINING OF ACQUISITION PERSONNEL OF DEPARTMENT OF VETERANS AFFAIRS. (a) Training and Certification Programs.-- (1) Programs.--Not later than September 30 of the fiscal year following the fiscal year during which this Act is enacted, the Secretary shall implement covered training curricula and covered certification programs. (2) Consideration of relevant programs of department of defense.--In designing and implementing covered training curricula and covered certification programs under paragraph (1), the Secretary shall use as models existing training curricula and certification programs that have been established under chapter 87 of title 10, United States Code, as determined relevant by the Secretary. (3) Method of training.--The Secretary may develop the training curricula under paragraph (1) in a manner that provides such training in any combination of-- (A) training provided in person; (B) training provided over an internet website; or (C) training provided by another department or agency of the Federal Government. (4) Levels of certifications.--The Secretary may develop the certification programs under paragraph (1) in a manner that uses-- (A) one level of certification; or (B) more than one level of certification, as determined appropriate by the Secretary with respect to the level of certification for different grades of the General Schedule. (5) Initial goal.--Not later than September 30 of the second fiscal year following the fiscal year during which this Act is enacted, the Secretary shall ensure that the majority of employees subject to the covered certification programs achieve the certification or the appropriate level of certification pursuant to paragraph (4)(B), as the case may be. (6) Subsequent goal.--After carrying out paragraph (5), the Secretary shall ensure that each employee subject to the covered certification programs achieves the certification or the appropriate level of certification pursuant to paragraph (4)(B), as the case may be, as quickly as practicable. (b) Improvements to Hiring of Entry-Level Positions.-- (1) Priority.--The Secretary of Veterans Affairs shall prioritize the use of acquisition internship programs to hire employees to entry-level positions relating to acquisition in the Department of Veterans Affairs. (2) Goal.--Not later than September 30 of the fiscal year following the fiscal year during which this Act is enacted, the Secretary shall ensure that the annual number of participants in acquisition internship programs is-- (A) not fewer than twice the number of participants in such programs during fiscal year 2017; and (B) not more than four times the number of participants in such program during such fiscal year. (3) Duration.--The Secretary shall carry out paragraph (2) until the date on which the Secretary certifies to the Committees on Veterans' Affairs of the House of Representatives and the Senate that the projected number of graduates of acquisition internship programs is sufficient to satisfy the human capital needs of the Department with respect to acquisition, taking into account the rate of attrition and projected retirements of personnel. (c) Transfers.-- (1) Authority.--In addition to any other transfer authority of the Secretary, the Secretary may transfer or reprogram amounts identified under section 3 as cost savings in order to make such amounts available for-- (A) the salaries and travel expenses of participants in acquisition internship programs; (B) covered training programs; or (C) the design and implementation of covered certification programs. (2) Authorizations.--A transfer made from one account to another under the authority of paragraph (1) shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred. SEC. 3. IMPROVEMENT TO EFFICIENCY OF ACQUISITION ORGANIZATIONS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Plan.--The Secretary shall develop a plan to reduce duplication and to increase efficiencies with respect to the acquisition functions of the Department of Veterans Affairs, with an emphasis on procurement and logistics functions, in a manner that achieves cost savings in an amount necessary to carry out section 2. The Secretary shall ensure that such plan-- (1) in all respects and to the greatest extent practicable, seeks to place procurement employees and logistics employees in close geographic proximity to the other employees of the Department for whom the procurement employees and logistics employees procure supplies or services; (2) does not place any procurement employee in a formal reporting or subordinate-supervisor relationship with an employee of the Department for whom the procurement employee procures supplies or services; and (3) may not achieve cost savings through demotions, furloughs, or liquidations, as defined in part 351 of title 5, Code of Federal Regulations. (b) Matters Included.--In developing the plan under subsection (a), the Secretary shall determine whether to carry out the following activities: (1) Consolidate or abolish (and transfer functions to the procurement or logistics activities of individual facilities of the Veterans Health Administration, the Network Contracting Offices of the Veterans Health Administration, the Procurement and Logistics Office of the Veterans Health Administration, or the Office of Acquisition, Logistics, and Construction of the Department)-- (A) the Service Area Office East; (B) the Service Area Office Central; (C) the Service Area Office West; and (D) the Program Contacting Activity Central Office. (2) With respect to the functions of the Procurement and Logistics Office of the Veterans Health Administration and the Office of Acquisition, Logistics, and Construction of the Department, consolidate one or more of the following functions into one of the respective offices: (A) Policy making functions. (B) Contract quality assurance and review functions. (C) Real property management functions. (D) Business operations functions. (E) Health care acquisition. (F) Logistics functions. (c) Submission.--Not later than 180 days after the fiscal year during which this Act is enacted, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate the plan developed under subsection (a). (d) Implementation.--The Secretary shall commence implementation of the plan developed under subsection (a) beginning on the date that is 30 days after submitting the plan under subsection (c). SEC. 4. DEFINITIONS. In this Act: (1) The term ``acquisition internship programs'' means programs administered by the Secretary of Veterans Affairs, including the Warriors to Workforce Program and the Acquisition Intern Program, under which the Secretary employs-- (A) a veteran, while the veteran earns an undergraduate degree and completes foundational training courses relating to acquisition; or (B) an individual who completes progressive training courses relating to acquisition and participates in rotational work assignments relating to acquisition. (2) The term ``covered certification programs'' means-- (A) with respect to logistics employees, a program to certify knowledge and skills relating to logistics; and (B) with respect to employees of the Department who are members of occupational series relating to construction or facilities management, or who award or administer contracts for major construction, minor construction, or non-recurring maintenance, including as contract specialists or contracting officers' representatives, a program to certify knowledge and skills relating to construction or facilities management. (3) The term ``covered training curricula'' means-- (A) with respect to logistics employees, a training curriculum relating to logistics; and (B) with respect to employees specified in paragraph (2)(B), a training curriculum relating to construction or facilities management. (4) The term ``logistics'' includes supply chain management. (5) The term ``logistics employee'' means an employee of the Department of Veterans Affairs who is a member of an occupational series relating to logistics, or who performs logistics functions within the Office of Acquisition, Logistics, and Construction of the Department or the Veterans Health Administration. (6) The term ``procurement employee'' means an employee of the Department who is a member of an occupational series relating to procurement.

VA Acquisition Workforce Improvement and Streamlining Act This bill directs the Department of Veterans Affairs (VA) to implement certain training curricula and certification programs for specified logistics, construction, or facilities management employees of VA or the Veterans Health Administration (VHA). The VA may develop: (1) curricula in a manner that provides such training in person, over a website, or by another federal agency; and (2) certification programs in a manner that uses either one level of certification or more than one level as appropriate for different grades of the General Schedule. The VA shall prioritize the use of acquisition internship programs to hire employees in entry-level, acquisition positions. The VA shall develop a plan to reduce duplication and increase efficiencies of the VA's acquisition functions in a manner that achieves cost savings necessary to carry out such training, certification, and acquisition internship programs. The VA shall determine whether to: (1) consolidate or abolish certain service area and program contacting activity offices and transfer their functions to certain other VA or VHA facilities; and (2) consolidate specified functions of the VA's Office of Acquisition, Logistics, and Construction and the VHA's Procurement and Logistics Office into one such office.

VA Acquisition Workforce Improvement and Streamlining Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom Flat Tax Act''. SEC. 2. FREEDOM FLAT TAX. (a) In General.--Subchapter A of chapter 1 is amended by inserting after part VII the following new part: ``PART VIII-FREEDOM FLAT TAX ``Sec. 60. Irrevocable election to be subject to flat tax. ``Sec. 60A. Tax imposed on individuals. ``Sec. 60B. Tax imposed on business activities. ``Sec. 60C. Tax on noncash compensation provided to employees not engaged in business activity. ``SEC. 60. IRREVOCABLE ELECTION TO BE SUBJECT TO FLAT TAX. ``(a) Individual.-- ``(1) In general.--Except as provided in paragraph (2), in lieu of the tax imposed by sections 1 and 55, under regulations prescribed by the Secretary, an individual may make an irrevocable election to be subject to the tax imposed by this part. ``(2) Innocent spouse exception.--An individual who has made an election under paragraph (1) and who subsequently obtains relief of liability for tax under section 6015(b) may, not later than 1 year after the date such relief is granted, revoke the election made under paragraph (1). ``(b) Person Engaged in Business Activity.--In lieu of the tax imposed by sections 11 and 55, under regulations prescribed by the Secretary, a person engaged in business activity may make an irrevocable election to be subject to the tax imposed by this part. ``SEC. 60A. TAX IMPOSED ON INDIVIDUALS. ``(a) In General.--There is hereby imposed on the taxable income of every individual who makes an election to be subject to this part a tax equal to-- ``(1) 19 percent of the taxable income of such individual for such taxable year in the case of the first 2 taxable years of the individual beginning with the taxable year for which the election is made, and ``(2) 17 percent of the taxable income of such individual for such taxable year in the case of all taxable years subsequent to the taxable years described in paragraph (1). ``(b) Taxable Income.--For purposes of this part, the term `taxable income' means the excess of-- ``(1) the sum of-- ``(A) wages (as defined in section 3121(a) without regard to paragraph (1) thereof) which are paid in cash and which are received during the taxable year for services performed in the United States, ``(B) retirement distributions which are includible in gross income for such taxable year, plus ``(C) amounts received under any law of the United States or of any State which is in the nature of unemployment compensation, over ``(2) the standard deduction. ``(c) Standard Deduction.--For purposes of this part-- ``(1) In general.--The term `standard deduction' means the sum of-- ``(A) the basic standard deduction, plus ``(B) the additional standard deduction. ``(2) Basic standard deduction.--For purposes of paragraph (1), the basic standard deduction is-- ``(A) $25,580 in the case of-- ``(i) a joint return, or ``(ii) a surviving spouse (as defined in section 2(a)), ``(B) $16,330 in the case of a head of household (as defined in section 2(b)), and ``(C) $12,790 in the case of an individual-- ``(i) who is not married and who is not a surviving spouse or head of household, or ``(ii) who is a married individual filing a separate return. ``(3) Additional standard deduction.--For purposes of paragraph (1), the additional standard deduction is $5,510 for each dependent (as defined in section 152) who is described in section 151(c)(1) for the taxable year and who is not required to file a return for such taxable year. ``(d) Retirement Distributions.--For purposes of this section, the term `retirement distribution' means any distribution from-- ``(1) a plan described in section 401(a) which includes a trust exempt from tax under section 501(a), ``(2) an annuity plan described in section 403(a), ``(3) an annuity contract described in section 403(b), ``(4) an individual retirement account described in section 408(a), ``(5) an individual retirement annuity described in section 408(b), ``(6) an eligible deferred compensation plan (as defined in section 457), ``(7) a governmental plan (as defined in section 414(d)), or ``(8) a trust described in section 501(c)(18). Such term includes any plan, contract, account, annuity, or trust which, at any time, has been determined by the Secretary to be such a plan, contract, account, annuity, or trust. ``(e) Income of Certain Children.--For purposes of this part-- ``(1) an individual's taxable income shall include the taxable income of each dependent child of such individual who has not attained age 14 as of the close of such taxable year, and ``(2) such dependent child shall have no liability for tax imposed by this section with respect to such income and shall not be required to file a return for such taxable year. ``(f) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 2004, each dollar amount contained in subsection (c) shall be increased by an amount determined by the Secretary to be equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment for such calendar year. ``(2) Cost-of-living adjustment.--For purposes of paragraph (1), the cost-of-living adjustment for any calendar year is the percentage (if any) by which-- ``(A) the CPI for the preceding calendar year, exceeds ``(B) the CPI for the calendar year 2003. ``(3) CPI for any calendar year.--For purposes of paragraph (2), the CPI for any calendar year is the average of the Consumer Price Index as of the close of the 12-month period ending on August 31 of such calendar year. ``(4) Consumer price index.--For purposes of paragraph (3), the term `Consumer Price Index' means the last Consumer Price Index for all-urban consumers published by the Department of Labor. For purposes of the preceding sentence, the revision of the Consumer Price Index which is most consistent with the Consumer Price Index for calendar year 1986 shall be used. ``(5) Rounding.--If any increase determined under paragraph (1) is not a multiple of $10, such increase shall be rounded to the next highest multiple of $10. ``(g) Marital Status.--For purposes of this section, marital status shall be determined under section 7703. ``SEC. 60B. TAX IMPOSED ON BUSINESS ACTIVITIES. ``(a) Tax Imposed.--There is hereby imposed on every person engaged in a business activity who makes an election to be taxed under this part a tax equal to-- ``(1) 19 percent of the business taxable income of such person for such taxable year in the case of the first 2 taxable years of the individual beginning with the taxable year for which the election is made, and ``(2) 17 percent of the business taxable income of such person for such taxable year in the case of all taxable years subsequent to the taxable years described in paragraph (1). ``(b) Liability for Tax.--The tax imposed by this section shall be paid by the person engaged in the business activity, whether such person is an individual, partnership, corporation, or otherwise. ``(c) Business Taxable Income.--For purposes of this section-- ``(1) In general.--The term `business taxable income' means gross active income reduced by the deductions specified in subsection (d). ``(2) Gross active income.-- ``(A) In general.--For purposes of paragraph (1), the term `gross active income' means gross receipts from-- ``(i) the sale or exchange of property or services in the United States by any person in connection with a business activity, and ``(ii) the export of property or services from the United States in connection with a business activity. ``(B) Exchanges.--For purposes of this section, the amount treated as gross receipts from the exchange of property or services is the fair market value of the property or services received, plus any money received. ``(C) Coordination with special rules for financial services, etc.--Except as provided in subsection (e)-- ``(i) the term `property' does not include money or any financial instrument, and ``(ii) the term `services' does not include financial services. ``(3) Exemption from tax for activities of governmental entities and tax-exempt organizations.--For purposes of this section, the term `business activity' does not include any activity of a governmental entity or of any other organization which is exempt from tax under this chapter. ``(d) Deductions.-- ``(1) In general.--The deductions specified in this subsection are-- ``(A) the cost of business inputs for the business activity, ``(B) wages (as defined in section 3121(a) without regard to paragraph (1) thereof) which are paid in cash for services performed in the United States as an employee, and ``(C) retirement contributions to or under any plan or arrangement which makes retirement distributions (as defined in section 63(c)) for the benefit of such employees to the extent such contributions are allowed as a deduction under section 404. ``(2) Business inputs.-- ``(A) In general.--For purposes of paragraph (1), the term `cost of business inputs' means-- ``(i) the amount paid for property sold or used in connection with a business activity, ``(ii) the amount paid for services (other than for the services of employees, including fringe benefits paid by reason of such services) in connection with a business activity, and ``(iii) any excise tax, sales tax, customs duty, or other separately stated levy imposed by a Federal, State, or local government on the purchase of property or services which are for use in connection with a business activity. Such term shall not include any tax imposed by chapter 2 or 21. ``(B) Exceptions.--Such term shall not include-- ``(i) items described in subparagraphs (B) and (C) of paragraph (1), and ``(ii) items for personal use not in connection with any business activity. ``(C) Exchanges.--For purposes of this section, the amount treated as paid in connection with the exchange of property or services is the fair market value of the property or services exchanged, plus any money paid. ``(e) Special Rules for Financial Inter- mediation Service Activities.--In the case of the business activity of providing financial intermediation services, the taxable income from such activity shall be equal to the value of the intermediation services provided in such activity. ``(f) Exception for Services Performed as Employee.--For purposes of this section, the term `business activity' does not include the performance of services by an employee for the employee's employer. ``(g) Carryover of Credit-Equivalent of Excess Deductions.-- ``(1) In general.--If the aggregate deductions for any taxable year exceed the gross active income for such taxable year, the credit-equivalent of such excess shall be allowed as a credit against the tax imposed by this section for the following taxable year. ``(2) Credit-equivalent of excess deductions.--For purposes of paragraph (1), the credit-equivalent of the excess described in paragraph (1) for any taxable year is an amount equal to-- ``(A) the sum of-- ``(i) such excess, plus ``(ii) the product of such excess and the 3-month Treasury rate for the last month of such taxable year, multiplied by ``(B) the rate of the tax imposed by subsection (a) for such taxable year. ``(3) Carryover of unused credit.--If the credit allowable for any taxable year by reason of this subsection exceeds the tax imposed by this section for such year, then (in lieu of treating such excess as an overpayment) the sum of-- ``(A) such excess, plus ``(B) the product of such excess and the 3-month Treasury rate for the last month of such taxable year, shall be allowed as a credit against the tax imposed by this section for the following taxable year. ``(4) 3-month treasury rate.--For purposes of this subsection, the 3-month Treasury rate is the rate determined by the Secretary based on the average market yield (during any 1- month period selected by the Secretary and ending in the calendar month in which the determination is made) on outstanding marketable obligations of the United States with remaining periods to maturity of 3 months or less. ``SEC. 60C. TAX ON NONCASH COMPENSATION PROVIDED TO EMPLOYEES NOT ENGAGED IN BUSINESS ACTIVITY. ``(a) Imposition of Tax.--There is hereby imposed a tax equal to 19 percent (17 percent in the case of calendar years beginning after December 31, 2004) of the value of excludable compensation provided during the calendar year by an employer for the benefit of employees to whom this section applies. ``(b) Liability for Tax.--The tax imposed by this section shall be paid by the employer. ``(c) Excludable Compensation.--For purposes of subsection (a), the term `excludable compensation' means any remuneration for services performed as an employee other than-- ``(1) wages (as defined in section 3121(a) without regard to paragraph (1) thereof) which are paid in cash, ``(2) remuneration for services performed outside the United States, and ``(3) retirement contributions to or under any plan or arrangement which makes retirement distributions (as defined in section 63(c)). ``(d) Employees to Whom Section Applies.--This section shall apply to an employee who is employed in any activity by-- ``(1) any organization which is exempt from taxation under this chapter, or ``(2) any agency or instrumentality of the United States, any State or political subdivision of a State, or the District of Columbia.'' (b) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Part VIII. Freedom Flat Tax.''. (c) Effective Date.--The amendments made by this title shall apply to taxable years beginning after December 31, 2003.

Freedom Flat Tax Act - Amends the Internal Revenue Code to authorize an individual and a person engaged in business activity to make an irrevocable election to be subject to a flat tax (in lieu of the existing tax provisions) of 19 percent for the first two years, and 17 percent thereafter.Defines individual and business "taxable income."Imposes an employer tax on the value of excludable compensation provided to employees not engaged in business activity of 19 percent through 2004, and 17 percent thereafter.

To amend the Internal Revenue Code of 1986 to provide taxpayers a flat tax alternative to the current income tax system.

SECTION 1. CLARIFICATION OF STATUS OF CERTAIN ORGANIZATIONS AND RETIREMENT PLANS. (a) In General.--For purposes of any provision of law-- (1) the organization described in subsection (c)(5) maintaining the retirement plan of the eligible organization shall be treated as an organization described in section 414(e)(3)(A) of the Internal Revenue Code of 1986 with respect to its maintenance of benefit plans of the eligible organization, and (2) subject to the provisions of subsection (b), any retirement plan which, as of January 1, 2003, was maintained by the organization described in paragraph (1) shall be treated as a church plan (within the meaning of section 414(e) of such Code) which is maintained by an organization described in section 414(e)(3)(A) of such Code. (b) Special Rules Relating to Retirement Plans.-- (1) Tax-deferred retirement plan.--In the case of a retirement plan which allows contributions to be made under a salary reduction agreement and which is treated as a church plan under subsection (a)-- (A) such treatment shall not apply for purposes of section 415(c)(7) of the Internal Revenue Code of 1986, and (B) any account maintained for a participant or beneficiary of such plan shall be treated as a retirement income account described in section 403(b)(9) of such Code, except that such account shall not, for purposes of section 403(b)(12) of such Code, be treated as a contract purchased by a church for purposes of section 403(b)(1)(D) of such Code. (2) Money purchase pension plan.--In the case of a retirement plan subject to the requirements of section 401(a) of such Code and treated as a church plan under subsection (a)-- (A) such plan (but not any reserves held by the organization described in subsection (c)(5) maintaining the retirement plan of the eligible organization)-- (i) shall be treated as a defined contribution plan which is a money purchase pension plan, and (ii) shall be treated as having made an election under section 410(d) of such Code for plan years beginning after December 31, 2005, except that notwithstanding the election-- (I) nothing in the Employee Retirement Income Security Act of 1974 shall prohibit the plan from commingling for investment purposes its assets with any other assets of the organization described in subsection (c)(5) maintaining the retirement plan of the eligible organization (or of plans maintained by it), and (II) nothing in this section shall be construed as subjecting such other assets to any provision of such Act, (B) notwithstanding section 401(a)(11) or 417 of such Code or section 205 of such Act, such plan may offer a lump-sum distribution option to participants who have not attained age 55 without offering such participants an annuity option, and (C) any account maintained for a participant or beneficiary of such plan shall, for purposes of section 401(a)(9) of such Code, be treated as a retirement income account described in section 403(b)(9) of such Code. (c) Eligible Organization.--For purposes of this section, the term ``eligible organization'' means any organization if, as of January 1, 2003-- (1) more than 1 church recognizes employment at the organization by a duly ordained, commissioned, or licensed minister as service in the exercise of the minister's ministry, (2) at least 1 nationally or internationally recognized church association includes the organization (or its national or international representative body) in its directory of participating or founding organizations, (3) such organization or national representative body thereof is part of an ecumenical movement (founded in the nineteenth century) to promote worldwide fellowship united by common loyalty to certain religious values, (4) such organization's national representative body has chartered at least 1 organization that provides educational, recreational, social and religious support to the armed forces of the United States, and (5) the organization has a retirement plan which is administered by an organization-- (A) which was established by State law by a special act of the legislature and subject to certain provisions of the State's insurance law, (B) the principal purpose or function of which is the administration or funding of a plan or program for the provision of retirement benefits or welfare benefits, or both, for employees of the eligible organization, (C) is treated as an entity exempt from tax under section 501(m) of the Internal Revenue Code of 1986 without regard to the application of subsection (a), and (D) whose organizing documents are amended no later than January 1, 2006, to require that, for plan years beginning on or after such date, the greater of 2 trustees or 10 percent of the membership of its board of trustees be associated with a church. For purposes of paragraph (5)(D), association with a church may include past or present service as an officer or board member of a church (within the meaning of section 3121(w)(3)(A) of such Code) or a church- controlled organization (within the meaning of section 3121(w)(3)(B) of such Code). (d) Effective Date.--The provisions of this section shall apply to plan years beginning after December 31, 2003. Passed the Senate July 14, 2004. Attest: Secretary. 108th CONGRESS 2d Session S. 2589 _______________________________________________________________________ AN ACT To clarify the status of certain retirement plans and the organizations which maintain the plans.

Sets forth rules regarding the status of certain retirement plans maintained by specified types of ecumenical organizations as church plans under the Internal Revenue Code. Exempts certain of such plans from prohibitions, under the Employee Retirement Income Security Act of 1974, against commingling specified assets for investment purposes.

A bill to clarify the status of certain retirement plans and the organizations which maintain the plans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coordinating Water Research for a Clean Water Future Act of 2012''. SEC. 2. NATIONAL WATER RESEARCH AND DEVELOPMENT INITIATIVE. (a) In General.--Not later than 90 days after the date of enactment of this Act, the President shall begin to implement a National Water Research and Development Initiative through the Council, the Coordination Office, and appropriate Federal agencies. The Initiative shall-- (1) establish the goals, priorities, and metrics for the evaluation of Federal water research and development and other activities related to water; (2) invest in Federal research and development activities related to water to achieve the goals established under the Strategic Plan; and (3) provide for interagency coordination of Federal water research and development and other activities related to water undertaken pursuant to the Initiative. (b) Initiative Activities.--The Initiative shall carry out, at a minimum, the following activities: (1) Conducting research on how to ensure the systematic and coordinated collection of publicly available data on regional and national water resources, including information about the quantity, availability, and quality of ground and surface water resources. (2) Conducting research on, development of, and demonstration of technologies and practices to enhance reliable water supply, water reuse, pollution prevention, water quality, water use efficiency, and energy efficiency in water use. (3) Conducting research on and development of tools and best practices to assist regional, State, local, and tribal water resource managers in planning for changing and future water availability, use patterns, and infrastructure impacts. (4) Conducting research on the social, behavioral, and economic barriers to the sustainable use of water resources, including public acceptance of water technologies and practices and conflict resolution solutions for competing water resource management requirements. (5) Conducting research to enhance the understanding of water-related ecosystems, ecosystem services, and the impact on water resources of invasive species, chemical contaminants, natural disasters, long-term ice coverage, and changing water levels. (6) Analyzing the energy required to provide reliable water supplies and the water required to provide reliable energy supplies. (7) Providing guidance to minority serving institutions on funding opportunities to perform research as part of the Initiative. (c) Program Management.--The Council shall oversee the planning, management, and coordination of the Initiative. The Council, itself or through an appropriate subgroup it designates or establishes, shall-- (1) establish goals and priorities for the Initiative based on national needs; (2) coordinate all Federal research, development, demonstration, data collection and dissemination, education, and technology development and transfer activities pertaining to water; (3) coordinate the activities of the Initiative with the water-related research and development activities of the United States Global Change Research Program; (4) develop the Annual Report under subsection (d); (5) develop the Strategic Plan under section 5; and (6) through the Coordination Office, provide for public input and outreach to be integrated into the Initiative, including the convening of workshops. (d) Annual National Water Research Report.-- (1) In general.--The Council shall submit the Annual National Water Research Report to Congress at the time of the President's budget submission for each fiscal year. The Council shall consider and utilize information from regional, State, local, and tribal governments and other stakeholders in the development of the Annual Report. (2) Specific requirements.--The Annual Report shall include-- (A) for each Federal agency that participates in the Initiative-- (i) the Initiative budget for the current fiscal year; and (ii) the proposed coordinated Initiative budget for the next fiscal year; (B) an analysis of the progress, and indicators used to measure such progress, made toward achieving the goals and priorities established for the Initiative in the Strategic Plan; and (C) an analysis of the extent to which the Initiative has incorporated the recommendations of the Advisory Committee and the public. SEC. 3. PROGRAM COORDINATION. (a) Establishment.--The President shall establish a National Water Research Coordination Office with a Director and full-time staff. (b) Functions.--The Coordination Office shall-- (1) provide technical and administrative support to-- (A) the Council, including support needed for the development of the Strategic Plan and the Annual Report; and (B) the Advisory Committee; (2) serve as the primary point of contact on Federal water research and development activities for regional, State, local, and tribal government agencies, organizations, academia, industry, public-private collaborations, commercial end users, and others to exchange information related to the Initiative; (3) conduct public outreach, including the dissemination of findings of research based on the activities conducted pursuant to the Initiative and recommendations of the Advisory Committee through a publicly accessible Web site; (4) solicit input and recommendations from a wide range of stakeholders during the development of each Strategic Plan and Annual Report through the solicitation of public comments and the convening of at least 1 workshop with invitees from academia, industry, Federal laboratories, regional, State, local, and tribal governments, and other relevant organizations and institutions; and (5) promote access to and early application of innovations, best practices, and expertise derived from Initiative activities. (c) Source of Funding.-- (1) In general.--The operation of the Coordination Office shall be supported by funds contributed from each agency represented on the Council. (2) Specifications.--The portion of the total budget of the Coordination Office that is provided by each agency for each fiscal year shall be in the same proportion as each such agency's share of the total budget for the Initiative for the previous fiscal year, as specified in the Annual Report. (d) Report.--Within 180 days after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall transmit to Congress a report on the funding of the Coordination Office. The report shall include-- (1) the amount of funding required to adequately fund the Coordination Office; (2) the adequacy of existing mechanisms to fund the Coordination Office; and (3) the actions taken by the Director to ensure stable funding of the Coordination Office. SEC. 4. ADVISORY COMMITTEE. (a) In General.--There shall be established a National Water Research Initiative Advisory Committee. (b) Qualifications.-- (1) In general.--The President shall appoint as members of the Advisory Committee individuals that are-- (A) qualified to provide advice and information on water research, development, demonstrations, technology development and transfer, and commercial application; and (B) primarily from academic institutions, industry, nongovernmental institutions, and regional, State, local, and tribal governments. (2) Recommendations.--In appointing members to the Advisory Committee, the President may seek and give consideration to recommendations from Congress, industry, the scientific community (including the National Academy of Sciences, scientific professional societies, and academia), the defense community, regional, State, local, and tribal governments, and other appropriate organizations. (c) Duties.--The Advisory Committee shall advise the President and the Council on matters relating to the Initiative, including assessing the following: (1) Trends and developments in water research and development. (2) Progress made in implementing the Initiative. (3) The need to revise the Initiative. (4) The balance among the activities of the Initiative described in section 2(b), including funding levels for the Federal programs developed to address the goals and priorities of the Initiative. (5) Whether the goals and priorities are enabling the Initiative to help maintain a reliable and clean supply of water for the United States. (6) Whether the Initiative is enabling an adequate workforce to help maintain a reliable and clean supply of water for the United States. (7) The management, coordination, implementation, and activities of the Initiative. (8) Whether the concerns of regional, State, local, and tribal governments are being addressed adequately by the Initiative. (d) Reports.-- (1) In general.--Not less frequently than once every 3 fiscal years, the Advisory Committee shall submit to the President and the Council a report on its assessment under subsection (c) and its recommendations for ways to improve the Initiative. (2) Initial deadline.--The first report under this subsection shall be submitted not later than 18 months after the date of enactment of this Act. (3) Transmittal to congress.--The Director of the Office of Science and Technology Policy shall transmit a copy of each report under this subsection to Congress. (e) Travel Expenses of Non-Federal Members.--Non-Federal members of the Advisory Committee, while attending meetings of the Advisory Committee or while otherwise serving at the request of the head of the Advisory Committee away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Government serving without pay. Nothing in this subsection shall be construed to prohibit members of the Advisory Committee who are officers or employees of the United States from being allowed travel expenses, including per diem in lieu of subsistence, in accordance with existing law. (f) Exemption From Sunset.--Section 14 of the Federal Advisory Committee Act shall not apply to the Advisory Committee. SEC. 5. NATIONAL WATER RESEARCH AND DEVELOPMENT STRATEGIC PLAN. (a) In General.--The Council, with the assistance of the Coordination Office, shall develop, within 12 months after the date of enactment of this Act, and update every 3 years thereafter, a 5-year National Water Research and Development Strategic Plan to guide the activities of the Initiative described under section 2(b). (b) Goals.--The Strategic Plan shall specify near-term and long- term goals for the Initiative, the anticipated timeframe for achieving the near-term goals, and the metrics to be used for assessing progress toward the goals. (c) Priorities.--The Strategic Plan shall prioritize the research and development activities in section 2(b) related to the enhancement of reliable and clean water supply systems. (d) Content.--The Strategic Plan shall describe how the Initiative will-- (1) coordinate and reduce nonbeneficial duplication of multiagency activities of the Initiative; (2) foster the transfer of research and development results into new technologies and applications for the benefit of society, including through cooperation and collaborations with regional, State, local, and tribal governments conducting water-related research and development and other water-related activities; (3) encourage and support mechanisms for interdisciplinary research and development in water availability and water quality technology; (4) address long-term challenges of regional importance for which solutions require large-scale, long-term, interdisciplinary research and development; (5) place emphasis on innovative projects having the potential for substantial societal and ecological returns on the research investment; (6) strengthen all levels of water research, development, demonstration, technology transfer, and education and training programs to ensure an adequate, well-trained workforce; and (7) attract more women and underrepresented minorities to pursue postsecondary degrees in water-related research and development. (e) Considerations.--In developing the Strategic Plan, the Council shall take into consideration the recommendations of the-- (1) Advisory Committee; and (2) stakeholders whose input was solicited by the Coordination Office through the public comment period and the workshop convened for that purpose. (f) Report to Congress.--The Director of the Office of Science and Technology Policy shall transmit to the Advisory Committee and Congress the Strategic Plan. SEC. 6. DEFINITIONS. In this Act: (1) Advisory committee.--The term ``Advisory Committee'' means the National Water Research Initiative Advisory Committee established by section 4(a). (2) Annual report.--The term ``Annual Report'' means the Annual National Water Research Report established by section 2(d). (3) Coordination office.--The term ``Coordination Office'' means the National Water Research Coordination Office established by section 3(a). (4) Council.--The term ``Council'' means the National Science and Technology Council, or an appropriate subgroup designated by the National Science and Technology Council under section 2(c). (5) Initiative.--The term ``Initiative'' means the National Water Research and Development Initiative established by section 2. (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (7) Minority serving institutions.--The term ``minority serving institutions'' means institutions that are eligible institutions under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)). (8) Strategic plan.--The term ``Strategic Plan'' means the National Water Research and Development Strategic Plan established by section 5.

Coordinating Water Research for a Clean Water Future Act of 2012 - Requires the President to begin to implement a National Water Research and Development Initiative through the National Science and Technology Council, the National Water Research Coordination Office, and federal agencies. Requires such Initiative to: (1) establish the goals, priorities, and metrics for the evaluation of federal water research and development and other activities related to water; (2) invest in research and development activities related to water to achieve the goals established under the National Water Research and Development Strategic Plan; and (3) provide for interagency coordination of such research, development, and activities undertaken pursuant to such Initiative. Sets forth minimum activities that the Initiative is required to carry out. Requires such Council to: (1) oversee the planning, management, and coordination of such Initiative; (2) establish goals and priorities for the Initiative based on national needs; (3) coordinate all federal research, development, demonstration, data collection and dissemination, education, and technology development and transfer activities pertaining to water; (4) coordinate the Initiative's activities with the water-related research and development activities of the United States Global Change Research Program; (5) develop and submit an Annual National Water Research Report that analyzes the progress made toward achieving the goals and priorities established for the Initiative; (6) develop and update every three years a five-year National Water Research and Development Strategic Plan to guide the Initiative and prioritize its activities; and (7) through the Coordination Office, provide for public input and outreach to be integrated into the Initiative. Requires the President to establish a National Water Research Coordination Office to: (1) support such Council and the National Water Research Initiative Advisory Committee; (2) serve as the primary point of contact on federal water research and development activities; (3) conduct public outreach; (4) solicit input and recommendations from stakeholders during the development of each Strategic Plan and Annual Report; and (5) promote access to and early application of innovations, best practices, and expertise derived from Initiative activities. Establishes a National Water Research Initiative Advisory Committee to advise the President and the Council on matters relating to the Initiative.

To implement a National Water Research and Development Initiative to ensure clean and reliable water for future generations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for American Investors Act of 2003''. SEC. 2. ELIMINATION OF DOUBLE TAX ON DIVIDENDS. (a) Dividends Received by Individuals.-- (1) Credit for tax paid by distributing corporation.--Part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new subpart: ``Subpart H--Individual Shareholder Credit ``Sec. 54. Allowance of shareholder credit. ``Sec. 54A. Determination of shareholder credit. ``Sec. 54B. Inclusion of shareholder credit. ``SEC. 54. ALLOWANCE OF SHAREHOLDER CREDIT. ``(a) General Rule.--In the case of a taxpayer other than a corporation, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the shareholder credits determined with respect to dividends from domestic corporations received by the taxpayer during the taxable year. ``(b) Limitation.--The amount allowed as a credit under subsection (a) for any taxable year shall not exceed the sum of-- ``(1) the regular tax liability of the taxpayer for the taxable year reduced by the sum of the credits allowable under this part (other than subpart C), and ``(2) the minimum tax imposed by section 55. ``(c) Nonresident Aliens.--No credit shall be allowed under this section to any nonresident alien with respect to any dividend unless such dividend is taxable under section 871(b) (relating to income effectively connected with United States business). ``SEC. 54A. DETERMINATION OF SHAREHOLDER CREDIT. ``(a) General Rule.--For purposes of this subpart, the shareholder credit with respect to any dividend paid by a domestic corporation is an amount which bears the same ratio to such corporation's post-2002 Federal income taxes as-- ``(1) the amount of such dividend (determined without regard to section 54B), bears to ``(2) such corporation's post-2002 undistributed earnings. ``(b) Post-2002 Federal Income Taxes.--For purposes of this section-- ``(1) In general.--The term `post-2002 Federal income taxes' means the sum of-- ``(A) the Federal income taxes with respect to the taxable year of the distributing corporation in which the dividend is distributed, plus ``(B) the Federal income taxes with respect to prior taxable years of such corporation beginning after December 31, 2002, reduced by the amount of shareholder credits determined with respect to distributions by such corporation in such prior taxable years. ``(2) Federal income taxes.--The term `Federal income taxes' means any tax paid by the corporation under this chapter. Any shareholder credit determined under this section with respect to a dividend received by the corporation during any taxable year shall be treated as a tax paid by the corporation under this chapter for such taxable year. ``(c) Post-2002 Undistributed Earnings.--For purposes of this section, the term `post-2002 undistributed earnings' means the earnings and profits of the distributing corporation accumulated in taxable years beginning after December 31, 2002, determined-- ``(1) as of the close of the taxable year in which the dividend is distributed, and ``(2) without diminution by reason of dividends distributed during such taxable year. ``SEC. 54B. INCLUSION OF SHAREHOLDER CREDIT. ``In the case of a taxpayer other than a corporation, gross income shall include the amount of the shareholder credits determined under section 54A with respect to dividends received by such shareholder.'' (2) Clerical amendment.--The table of subparts for part IV of subchapter A of chapter 1 of such Code is amended by adding at the end thereof the following new item: ``Subpart H. Individual shareholder credit.'' (3) Effective date.--The amendments made by this subsection shall apply to dividends paid out of earnings and profits for taxable years beginning after December 31, 2002. (b) Dividends Received by Corporations.-- (1) In general.--Subsection (a) of section 243 of such Code (relating to dividends received by corporations) is amended to read as follows: ``(a) General Rule.--In the case of a corporation, there shall be allowed as a deduction an amount equal to 100 percent of the amount received as dividends from a domestic corporation which is subject to taxation under this chapter.'' (2) Dividends on certain preferred stock.--Section 244 of such Code (relating to dividends received on certain preferred stock) is amended-- (A) by striking ``70 percent'' in subsection (a)(3) and inserting ``100 percent'', (B) by striking ``(a) In General.--'', and (C) by striking subsection (b). (3) Technical, conforming and clerical amendments.-- (A) Section 243 of such Code (relating to dividends received by corporations) is amended by striking subsections (b) and (c) and by redesignating subsections (d) and (e) as subsections (b) and (c), respectively. (B) Subsection (b) of section 246 of such Code (relating to rules applying to deductions for dividends received) is amended-- (i) in paragraph (1) by striking ``243(a)(1), 244(a)'' each time it appears and inserting ``243, 244'' and by striking ``the percentage determined under paragraph (3) of'', and (ii) by striking paragraph (3). (C)(i) Subparagraph (A) of section 805(a)(4) of such Code (relating to dividends received by life insurance companies) is amended by striking all that follows ``subparagraph (B))'' and inserting a period. (ii) Subparagraph (B) of section 805(a)(4) of such Code is amended-- (I) by striking ``243(a)(1), 244(a)'' each place it appears and inserting ``243, 244'', (II) by striking ``the percentage determined under section 246(b)(3) of'', and (III) by striking ``(and such limitation shall be applied as provided in section 246(b)(3))''. (iii) Paragraph (4) of section 805(a) of such Code is amended by striking subparagraphs (C), (D), (E), and (F) and inserting the following: ``(C) Distributions out of tax-exempt interest.--No deduction shall be allowed by reason of this paragraph with respect to any dividend to the extent the dividend is a distribution out of tax-exempt interest.'' (D) Subparagraph (C) of section 861(a)(2) of such Code (relating to income from sources within the United States) is amended by striking ``243(e)'' and inserting ``243(c)''. (E) Subparagraph (B) of section 1504(c)(2) of such Code (relating to definition of includible insurance companies) is amended by striking clause (i) and by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (4) Effective date.--The amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act.

Fairness for American Investors Act of 2003 - Amends the Internal Revenue Code to allow a tax credit for a taxpayer other than a corporation in an amount equal to the shareholder credits determined with respect to dividends received from domestic corporations. Sets a maximum amount for the credit. Prohibits the allotting of credit in certain instances to nonresident aliens.Provides criteria for calculating a shareholder credit for a dividend. Classifies any shareholder credit determined under this Act as a tax paid by the relevant corporation.Includes a taxpayer's shareholder credits in gross income.Permits a corporation to deduct 100 percent of the amount received as dividends from a domestic corporation (presently the Code allows a deduction of 70 percent or 100 percent, depending on the type of dividend). Increases, from 70 to 100 percent, the amount a corporation is allowed to deduct with respect to dividends on certain preferred stock.

To amend the Internal Revenue Code of 1986 to eliminate the double taxation of dividends.

SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) Eagle and Pitkin Counties in the State of Colorado (hereinafter in this Act referred to as the ``Counties'') are offering to convey to the United States approximately one thousand three hundred and seven acres of patented mining claim properties owned by the Counties within or adjacent to the White River National Forest (hereinafter in this Act referred to as the ``National Forest inholdings''), including approximately six hundred and sixty nine acres of inholdings within the Holy Cross, Hunter-Fryingpan, Collegiate Peaks, and Maroon Bells-Snowmass Wilderness Areas; (2) the properties identified in paragraph (1) are National Forest inholdings whose acquisition by the United States would facilitate better management of the White River National Forest and its wilderness resources; and (3) certain lands owned by the United States within Eagle County comprising approximately two hundred and seventeen acres and known as the Mt. Sopris Tree Nursery (hereinafter in this Act referred to as the ``nursery lands'') are available for exchange and the Counties desire to acquire portions of the nursery lands for public purposes. (b) Purposes.--The purposes of this Act are-- (1) to provide the opportunity for an exchange whereby the Counties would transfer to the United States the National Forest inholdings in exchange for portions of the nursery lands; (2) to provide an expedited mechanism under Federal law for resolving any private title claims to the National Forest inholdings if the exchange is consummated; and (3) after the period of limitations has run for adjudication of all private title claims to the National Forest inholdings, to quiet title in the inholdings in the United States subject to valid existing rights adjudicated pursuant to this Act. SEC. 2. OFFER OF EXCHANGE. (a) Offer by the Counties.--The exchange directed by this Act shall be consummated if within ninety days after enactment of this Act, the Counties offer to transfer to the United States, pursuant to the provisions of this Act, all right, title, and interest of the Counties in and to approximately-- (1) one thousand two hundred and fifty eight acres of lands owned by Pitkin County within and adjacent to the boundaries of the White River National Forest, Colorado, and generally depicted as parcels 1-53 on maps entitled ``Pitkin County Lands to Forest Service'', numbered 1-11, and dated April 1990, except for parcels 20 (Twilight), 21 (Little Alma), the Highland Chief, and Alaska portions of parcel 25 depicted on map 7, and parcel 52 (Iron King) on map 11, which shall remain in their current ownership; and (2) forty-nine acres of land owned by Eagle County within and adjacent to the boundaries of the White River National Forest, Colorado, and generally depicted as parcels 54-58 on maps entitled ``Eagle County Lands to Forest Service'', numbered 12-14, and dated April 1990, except for parcel 56 (Manitou) on map 14 which is already in National Forest ownership. (b) Exchange by the Secretary.--Subject to the provisions of section 3, within ninety days after receipt by the Secretary of Agriculture (hereinafter in this Act referred to as the ``Secretary'') of a quitclaim deed from the Counties to the United States of the lands identified in subsection (a) of this section, the Secretary, on behalf of the United States, shall convey by quitclaim deed to the counties, as tenants in common, all right, title, and interest of the United States in and to approximately one hundred and thirty-two acres of land (and water rights as specified in section 7 and the improvements located thereon), as generally depicted as tract A on the map entitled ``Mt. Sopris Tree Nursery'', dated October 5, 1990. SEC. 3. RESERVATIONS AND CONDITIONS OF CONVEYANCE. (a) Reservations.--In any conveyance to the Counties pursuant to section 2, the Secretary shall reserve-- (1) all right, title, and interest of the United States in and to approximately eighty-five acres of land (and improvements located thereon), which are generally depicted as tracts B (approximately twenty-nine acres) and C (approximately fifty-six acres) on the map referred to in section 2(b); (2) water rights as specified in section 7(a); and (3) any easements, existing utility lines, or other existing access in or across tract A currently serving buildings and facilities on tract B. (b) Reversion.--It is the intention of Congress that any lands and water rights conveyed to the Counties pursuant to this Act shall be retained by the Counties and used solely for public recreation and recreational facilities, open space, fairgrounds, and such other public purposes as do not significantly reduce the portion of such lands in open space. In the deed of conveyance to the Counties, the Secretary shall provide that all right, title, and interest in and to any lands and water rights conveyed to the Counties pursuant to this Act shall revert back to the United States in the event that such lands or water rights or any portion thereof are sold or otherwise conveyed by the Counties or are used for other than such public purposes. (c) Equalization of Values.--(1) Within one hundred and twenty days after the date of enactment of this Act, the Secretary of Agriculture shall complete appraisals of the lands to be exchanged pursuant to subsections (a) and (b) of section 2 of this Act, taking into account any effects on the value of such lands resulting from the use restrictions and reversionary interest imposed by subsection (b) of this section and any other factors that may affect value. The sum of $120,000 shall be deducted from the value of the Counties' offered lands to reflect any adverse claims against such lands which may be adjudicated pursuant to section 5 of this Act. (2) The appraisals shall utilize nationally recognized appraisal standards, including, to the extent appropriate, the Uniform Appraisal Standards for Federal Land Acquisition. (3) On the basis of such appraisals, the Secretary shall make a finding as to whether the values (after the deduction described in paragraph (1)) of the lands to be exchanged are equal and shall immediately notify the Counties as to such finding. If the values are not equal, any cash equalization which would otherwise be owed to the Counties by the United States shall be waived. Any equalization amount which may be owed to the United States by the Counties shall be satisfied through conveyance to the United States, within five years of the date of transfer of the nursery lands to the Counties pursuant to section 2(b) of this Act, of additional lands or interests in lands, acceptable to the Secretary, which the Counties own on the date of enactment of this Act or may acquire after such date. Such additional lands shall have a value as approved by the Secretary at least equal to the amount owed plus annual interest on such amount or unconveyed portion thereof, as applicable, at the standard rate determined by the Secretary of the Treasury to be applicable to marketable securities of the United States having a comparable maturity. Interest shall accrue beginning on the date the nursery lands are transferred to the Counties pursuant to section 2(b) of this Act. (d) Right of First Refusal.--The Secretary may convey any or all of the nursery lands reserved pursuant to subsection (a) of this section for fair market value under existing authorities, except that the Secretary shall first offer the Counties the opportunity to acquire the lands. This right of first refusal shall commence upon receipt by the Counties of written notice of the intent of the Secretary to convey such property, and the Counties shall have sixty days from the date of such receipt to offer to acquire such properties at fair market value as tenants in common. The Secretary shall have sole discretion as to whether to accept or reject any such offer of the Counties. SEC. 4. STATUS OF LANDS ACQUIRED BY THE UNITED STATES. (a) National Forest System Lands.--The National Forest inholdings acquired by the United States pursuant to this Act shall become a part of the White River National Forest (or in the case of portions of parcels 39, 40, and 41 depicted on map 9, and a portion of parcel 54 of map 12, part of the Gunnison and Arapahoe National Forests, respectively) for administration and management by the Secretary in accordance with the laws, rules, and regulations applicable to the National Forest System. (b) Wilderness.--The National Forest inholdings that are within the boundaries of the Holy Cross, Hunter-Fryingpan, Collegiate Peaks, and Maroon Bells-Snowmass Wilderness Areas shall be incorporated in and deemed to be part of their respective wilderness areas and shall be administered in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness. SEC. 5. RESOLVING TITLE DISPUTES TO NATIONAL FOREST INHOLDINGS. (a) Quiet Title Act.--Notwithstanding any other provisions of law and subject to the provisions of subsection (c) of this section, section 2409a of title 28, United States Code (commonly referred to as the ``Quiet Title Act'') shall be the sole legal remedy of any party claiming any right, title, or interest in or to any National Forest inholdings conveyed by the Counties to the United States pursuant to this Act. (b) Listing.--Upon conveyance of the National Forest inholdings to the United States, the Secretary shall cause to be published in a newspaper or newspapers of general circulation in Pitkin and Eagle Counties, Colorado, a listing of all National Forest inholdings acquired pursuant to this Act together with a statement that any party desiring to assert a claim of any right, title, or interest in or to such lands must bring an action against the United States pursuant to such section 2409a within the same period described by subsection (c) of this section. (c) Limitation.--Notwithstanding section 2409a(g) of title 28, United States Code, any civil action against the United States to quiet title to National Forest inholdings conveyed to the United States pursuant to this Act must be filed in the United States District Court for the District of Colorado no later than the date that is six years after the date of publication of the listing required by subsection (b) of this section. (d) Vesting by Operation of Law.--Subject to any easements or other rights of record that may be accepted and expressly disclaimed by the Secretary, and without limiting title to National Forest inholdings conveyed by the Counties pursuant to this Act, all other rights, title, and interest in or to such National Forest inholdings if not otherwise vested by quitclaim deed to the United States, shall vest in the United States on the date that is six years after the date of publication of the listing required by subsection (b) of this section, except for such title as is conveyed by the Counties, no other rights, title, or interest in or to any parcel of the lands conveyed to the United States pursuant to this Act shall vest in the United States under this subsection if title to such parcel-- (1) has been or hereafter is adjudicated as being in a party other than the United States or the Counties; or (2) is the subject of any section or suit against the United States to vest such title in a party other than the United States or the Counties that is pending on the date six years after the date of publication of a listing required by subsection (b) of this section. (e) Costs and Attorney's Fees.--(1) At the discretion of the court, any party claiming right, title, or interest in or to any of the National Forest inholdings who files an action against the United States to quiet title and fails to prevail in such action may be required to pay to the Secretary on behalf of the United States, an amount equal to the costs and attorney's fees incurred by the United States in the defense of such action. (2) As a condition of any transfer of lands to the Counties under this Act, the Counties shall be obligated to reimburse the United States for 50 percent of all costs in excess of $240,000 not reimbursed pursuant to paragraph (1) of this subsection associated with the defense by the United States of any claim or legal action brought against the United States with respect to any rights, title, and interest in or to the National Forest inholdings. Payment shall be made in the same manner as provided in section 6 of this Act. SEC. 6. REIMBURSEMENT TO THE UNITED STATES. (a) In General.--As a condition of any transfer of lands to the Counties under this Act, in addition to any amounts required to be paid to the United States pursuant to section 5(e), in the event of a final determination adverse to the United States in any action relating to the title to the National Forest inholdings, the United States shall be entitled to receive from the Counties reimbursement equal to the fair market value (appraised as if they had marketable title) of the lands that are the subject of such final determination. (b) Availability of Funds.--Any money received by the United States from the Counties under section 5(e) or subsection (a) of this section shall be considered money received and deposited pursuant to the Act of December 4, 1967, as amended (and commonly known as the Sisk Act, 16 U.S.C. 484a). (c) In-Kind Payment of Lands.--In lieu of monetary payments, any obligation for reimbursement by the Counties to the United States under this Act can be fulfilled by the conveyance to the United States of lands having a current fair market value equal to or greater than the amount of the obligation. Such lands shall be mutually acceptable to the Secretary and the Counties. SEC. 7. WATER RIGHTS. (a) Allocation and Management.--The water rights in existence on the date of enactment of this Act in the Mt. Sopris Tree Nursery, which comprise well water and irrigation ditch rights adjudicated under the laws of the State of Colorado, together with the right to administer, maintain, access, and further develop such rights, shall be allocated and managed as follows; (1) the United States shall convey to the Counties as undivided tenants in common all rights associated with the five existing wells on the properties. (2) if the Secretary determines that water from the five existing wells is necessary to meet culinary, sanitary, or domestic uses of the existing buildings retained by the United States pursuant to section 3(a), the Counties shall make available to the United States, without charge, enough water to reasonably serve such needs and shall additionally, if requested by the United States, make every future effort to cooperatively provide to the United States, without charge, commensurate with the Counties own needs on tract A, water to serve reasonable culinary, sanitary, and domestic uses of any new buildings which the United States may construct on its retained lands in the future. (3) all Federally owned irrigation ditch water rights shall be reserved by the United States. (b) Modification of Allocation.--If the Secretary and the Counties determine the public interest will be better served thereby, they may agree to modify the precise water allocation made pursuant to this section or to enter into cooperative agreements (with or without reimbursement) to use, share, or otherwise administer such water rights and associated facilities as they determine appropriate. SEC. 8. MISCELLANEOUS PROVISIONS. (a) Time Requirement for Completing Transfer.--If the Counties make a timely offer, pursuant to section 2(a), the transfers of lands authorized and directed by this Act shall be completed no later than one year after the date of enactment of this Act. (b) Boundary Modifications.--The Secretary and the Counties may mutually agree to make modifications of the final boundary between tracts A and B prior to completion of the exchange authorized by this Act if such modifications are determined to better serve mutual objectives than the precise boundaries as set forth in the maps referenced in this Act. (c) Tract A Easement.--The transfer of tract A to the Counties shall be subject to the existing highway easement to the State of Colorado and to any other right, title, or interest of record. (d) Validity.--If any provision of this Act or the application thereof is held invalid, the remainder of the Act and application thereof, except for the precise provision held invalid, shall not be affected thereby. (e) Forest Headquarters and Administrative Offices.--The White River National Forest headquarters and administrative office in Glenwood Springs, Colorado, are hereby transferred from the jurisdiction of the United States General Services Administration to the jurisdiction of the Secretary, who shall retain such facilities unless and until otherwise provided by subsequent Act of Congress.

Authorizes Eagle and Pitkin Counties in Colorado to offer for exchange to the United States specified lands of the White River National Forest. Requires the Secretary of Agriculture to convey to the Counties all rights of the United States to specified lands of the Mt. Sopris Tree Nursery (MSTN). Requires the Secretary, in the deed of conveyance to the Counties, to provide that all rights in and to lands and water rights conveyed shall revert to the United States in the event that such lands or water rights are sold or otherwise conveyed by the Counties or are used other than for public purposes. Provides that, if the values of exchanged lands are not equal, any cash equalization which would otherwise be owed to the Counties by the United States shall be waived and any equalization amount which may be owed to the United States by the Counties shall be satisfied through conveyance to the United States of additional lands or interests in lands acceptable to the Secretary. Provides that: (1) the National Forest inholdings acquired by the United States pursuant to this Act shall become a part of the White River, Gunnison, and Arapaho National Forests, or a part of an appropriate existing wilderness area; and (2) the Quiet Title Act shall be the sole legal remedy of any party claiming any rights in or to any National Forest inholdings conveyed by the Counties to the United States pursuant to this Act. Requires the Counties to reimburse the United States for National Forest inholdings that the United States acquires under this Act that are lost in a final title determination adverse to the United States. Allocates and provides for the management of the existing water rights in the MSTN, including water well and irrigation ditch rights adjudicated under Colorado law, together with the right to administer, maintain, access, and further develop such rights. Transfers the White River National Forest Headquarters and administrative offices in Glenwood Springs, Colorado, from the jurisdiction of the U.S. General Services Administration to that of the Secretary, who shall retain such facilities.

To provide for a land exchange between the Secretary of Agriculture and Eagle and Pitkin Counties in Colorado, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Daniel Webster Congressional Clerkship Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) Each year, many of the most talented law school graduates in the country begin their legal careers as judicial law clerks. (2) The judicial clerkship program has given the judiciary access to a pool of exceptional young lawyers at a relatively low cost. (3) These same lawyers then go on to become leaders of their profession, where they serve a critical role in helping to educate the public about the judiciary and the judicial process. (4) The White House, the administrative agencies of the Executive Branch, the Administrative Office of the United States Courts, the Federal Judicial Center, and the United States Sentencing Commission, all operate analogous programs for talented young professionals at the outset of their careers. (5) The Congress is without a similar program. (6) At a time when our Nation faces considerable challenges, the Congress and the public would benefit immeasurably from a program, modeled after the judicial clerkship program, that engages the brightest young lawyers in the Nation in the legislative process. (7) Accordingly, the Congress herein creates the Daniel Webster Congressional Clerkship Program, named after one of the most admired and distinguished lawyer-legislators ever to serve in the Congress, to improve the business of the Congress and increase the understanding of its work by the public. SEC. 3. DANIEL WEBSTER CONGRESSIONAL CLERKSHIP PROGRAM. (a) Selection Committees.--As used in this Act, the term ``Selection Committees'' means-- (1) the Committee on Rules and Administration of the Senate; and (2) the Committee on House Administration of the House of Representatives. (b) Establishment of Program.--There is hereby established the Daniel Webster Congressional Clerkship Program for the appointment of individuals who are graduates of accredited law schools to serve as Congressional Clerks in the Senate or House of Representatives. (c) Selection of Clerks.--Subject to the availability of appropriations, the Selection Committees shall select Congressional Clerks in the following manner: (1) The Committee on Rules and Administration of the Senate shall select not less than 6 Congressional Clerks each year to serve as employees of the Senate for a 1-year period. (2) The Committee on House Administration of the House of Representatives shall select not less than 6 Congressional Clerks each year to serve as employees of the House of Representatives for a 1-year period. (d) Selection Criteria.--In carrying out subsection (c), the Selection Committees shall select Congressional Clerks consistent with the following criteria: (1) Each Congressional Clerk selected shall be a graduate of an accredited law school as of the starting date of his or her clerkship. (2) Each Congressional Clerk selected shall possess-- (A) an excellent academic record; (B) a strong record of achievement in extracurricular activities; (C) a demonstrated commitment to public service; and (D) outstanding analytic, writing, and oral communication skills. (e) Process.--After a Congressional Clerk is selected under this section, such Congressional Clerk shall then interview for a position in an office as follows: (1) For a Congressional Clerk selected under subsection (c)(1), the Congressional Clerk shall interview for a position with any office of any Committee of the Senate, including any Joint Committee or Select and Special Committee, or any office of any individual Member of the Senate. (2) For a Congressional Clerk selected under subsection (c)(2), the Congressional Clerk shall interview for a position with any office of any Committee of the House of Representatives, including any Joint Committee or Select and Special Committee, or any office of any individual Member of the House of Representatives. (f) Placement Requirements.--The Selection Committees shall ensure that Congressional Clerks selected under this section are apportioned equally between majority party and minority party offices. (g) Compensation of Congressional Clerks.--Each Congressional Clerk selected under this section shall receive the same compensation as would, and comparable benefits to, an individual who holds the position of a judicial clerkship for the United States District Court for the District of Columbia within 3 months of graduating from law school. (h) Required Adherence to Rules.--Each Congressional Clerk selected under this section shall be subject to all laws, regulations, and rules in the same manner and to the same extent as any other employee of the Senate or House of Representatives. (i) Exclusion From Limit on Number of Positions.--A Congressional Clerk shall be excluded in determining the number of employees of the office that employs the Clerk for purposes of-- (1) in the case of the office of a Member of the House of Representatives, section 104 of the House of Representatives Administrative Reform Technical Corrections Act (2 U.S.C. 92); or (2) in the case of any other office, any applicable provision of law or any rule or regulation which imposes a limit on the number of employees of the office. (j) Rules.--The Selection Committees shall develop and promulgate rules regarding the administration of the Congressional Clerkship program established under this section. (k) Member Defined.--In this section, the term ``Member of the House of Representatives'' includes a Delegate or Resident Commissioner to the Congress. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for fiscal year 2009 and each succeeding fiscal year from the applicable accounts of the House of Representatives and the contingent fund of the Senate such sums as necessary to carry out the provisions of this Act.

Daniel Webster Congressional Clerkship Act of 2008 - Establishes the Daniel Webster Congressional Clerkship Program for the appointment of individuals who are graduates of accredited law schools to serve as Congressional Clerks in the Senate or House of Representatives. Requires the Senate Committee on Rules and Administration and the House Committee on House Administration to each select at least six individuals for a one-year term to serve as employees in their respective chambers. Specifies eligibility criteria for a Congressional Clerk, including that the selected candidate be a graduate of such a law school as of the starting date of his or her clerkship. Requires the committees to ensure that Congressional Clerks selected under this Act are apportioned equally between majority and minority party offices. Entitles each clerk selected to the same compensation as, and comparable benefits to, an individual who holds the position of a judicial clerkship for the U.S. District Court for the District of Columbia within three months of graduating from law school.

A bill to establish the Daniel Webster Congressional Clerkship Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Abuse of Cough Treatments Act of 2012'' or the ``PACT Act''. SEC. 2. SALES OF OVER-THE-COUNTER DRUGS CONTAINING DEXTROMETHORPHAN. (a) Prohibited Act.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(aaa)(1)(A) Except as provided in subparagraph (2), the sale or offering for sale of a drug containing dextromethorphan to an individual under 18 years of age, including any such sale using the Internet, provided the drug is not subject to section 503(b)(1). ``(B) If a person fails to request identification from an individual under 18 years of age and sells a product containing dextromethorphan to that individual, that person shall be deemed to have known that the individual was under 18 years of age. ``(C) It shall be an affirmative defense to an alleged violation of clause (A) that the person selling a product containing dextromethorphan examined the purchaser's identification card and, based on that examination, that person reasonably concluded that the identification was valid and indicated that the purchaser was not less than 18 years of age. ``(2)(A) This paragraph shall not apply to any sale made pursuant to a validly issued prescription. ``(B) This paragraph shall not apply to the sale or offering for sale of a drug containing dextromethorphan to an individual under 18 years of age if such individual supplies proof at the time of such sale that such individual-- ``(i) is married; ``(ii) is the parent of a child; or ``(iii) is actively enrolled in the military. ``(3) In this paragraph, the term `identification card' mean an identification card that-- ``(A) includes a photograph and the date of birth of the individual; and ``(B) is issued by a State or the Federal Government or is considered acceptable for purposes of sections 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B)(1) of title 8, Code of Federal Regulations (as in effect on or after the date of the enactment of the Preventing Abuse of Cough Treatments Act of 2012).''. (b) Civil Penalties.--Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding at the end the following: ``(h)(1) Notwithstanding subsection (a), a person who violates section 301(aaa) shall be subject to a civil penalty in an amount-- ``(A) not more than $1,000 for the first such violation by a person; ``(B) not more than $2,000 for the second such violation by a person; and ``(C) not more than $5,000 for the third such violation, or a subsequent such violation, by a person. ``(2) In determining the amount of a civil penalty under this subsection for a person who is a retailer, the Secretary shall consider whether the retailer has taken appropriate steps to prevent subsequent violations, such as-- ``(A) the establishment and administration of a documented employee training program to ensure all employees are familiar with and abiding by the provisions of this section; or ``(B) other actions taken by a retailer to ensure compliance with this section. ``(3) If a person who is a retailer transacts sales of products containing dextromethorphan at more than one physical location, for purposes of determining the number of violations by that person under this subsection, each individual physical location operated by that retailer shall be considered a separate person. ``(4) In this subsection, the term `retailer' means a grocery store, general merchandise store, drug store, pharmacy, convenience store, or other entity or person whose activities as a distributor relating to products containing dextromethorphan are limited almost exclusively to sales for personal use, both in number of sales and volume of sales, either directly to walk-in customers or in face-to- face transactions by direct sales.''. SEC. 3. RESTRICTIONS ON DISTRIBUTION OF BULK DEXTROMETHORPHAN. The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.) is amended-- (1) in section 501, by inserting at the end the following: ``(j) If it is unfinished dextromethorphan and is possessed, received, or distributed in violation of section 506D.''; (2) by inserting after section 506C the following: ``SEC. 506D. RESTRICTIONS ON THE DISTRIBUTION OF BULK DEXTROMETHORPHAN. ``(a) In General.--No person shall-- ``(1) possess or receive unfinished dextromethorphan, unless the person is registered under section 510 or otherwise registered, licensed, or approved pursuant to Federal or State law to engage in the practice of pharmacy, pharmaceutical production, or manufacture or distribution of drug ingredients; or ``(2) distribute unfinished dextromethorphan to any person other than a person registered under section 510 or otherwise registered, licensed, or approved pursuant to Federal or State law to engage in the practice of pharmacy, pharmaceutical production, or manufacture or distribution of drug ingredients. ``(b) Exception for Common Carriers.--This section does not apply to a common carrier that possesses, receives, or distributes unfinished dextromethorphan for purposes of distributing such unfinished dextromethorphan between persons described in subsection (a) as registered, licensed, or approved. ``(c) Definitions.--In this section: ``(1) The term `common carrier' means any person that holds itself out to the general public as a provider for hire of the transportation by water, land, or air of merchandise, whether or not the person actually operates the vessel, vehicle, or aircraft by which the transportation is provided, between a port or place and a port or place in the United States. ``(2) The term `unfinished dextromethorphan' means dextromethorphan that is not contained in a drug that is in finished dosage form.''; and (3) by amending section 303, as amended by section 2(b), by adding at the end the following: ``(i) Notwithstanding subsection (a), a person who violates section 506D shall be subject to a civil penalty of not more than $100,000.''.

Preventing Abuse of Cough Treatments Act of 2012 or the PACT Act - Amends the Federal Food, Drug, and Cosmetic Act to prohibit the sale or offering for sale of a drug containing dextromethorphan, and not subject to practitioner supervision requirements, to an individual under age 18, except if the sale is: (1) made pursuant to a validly issued prescription; or (2) to an individual who provides proof of being married, the parent of a child, or actively enrolled in the military. Imposes civil monetary penalties that escalate upon repeated violation. Deems to be adulterated any unfinished dextromethorphan that is possessed, received, or distributed in violation of this Act. Prohibits a person from: (1) possessing or receiving unfinished dextromethorphan unless the person is registered with the Secretary of Health and Human Services (HHS) as a producer of a drug or device or otherwise registered, licensed, or approved pursuant to federal or state law to engage in the practice of pharmacy, pharmaceutical production, or manufacture or distribution of drug ingredients; or (2) distributing unfinished dextromethorphan to any person other than a registered or otherwise authorized person. Excludes from such prohibitions common carriers that possess, receive, or distribute unfinished dextromethorphan for purposes of distributing it between registered, licensed, or approved persons. Imposes additional civil monetary penalties for such possession and distribution violations.

A bill to amend the Federal Food, Drug, and Cosmetic Act to prevent the abuse of dextromethorphan, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elementary and Secondary School Counseling Improvement Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) elementary and secondary school children are being subjected to unprecedented social stresses, including fragmentation of the family, drug and alcohol abuse, violence, child abuse, and poverty; (2) an increasing number of elementary and secondary school children are exhibiting symptoms of distress, such as substance abuse, emotional disorders, violent outbursts, disruptive behavior, juvenile delinquency, and suicide; (3) between 1984 and 1994, the homicide rate for adolescents doubled, while the rate of nonfatal violent crimes committed by adolescents increased by almost 20 percent; (4) according to the National Institute of Mental Health, up to one in five children and youth have psychological problems severe enough to require some form of professional help, yet only 20 percent of youth with mental disorders or their families receive help; (5) the Institute of Medicine has identified psychological counseling as the most serious school health need for the normal development of our Nation's children and youth; (6) school counselors, school psychologists, and school social workers can contribute to the personal growth, educational development, and emotional well-being of elementary and secondary school children by providing professional counseling, intervention, and referral services; (7) the implementation of well designed school counseling programs has been shown to increase students' academic success; (8) the national average student-to-counselor ratio in elementary and secondary schools is 531 to 1, and the average student-to-psychologist ratio is 2300 to 1; (9) it is recommended that to effectively address students' mental health and development needs, schools have 1 full-time counselor for every 250 students, 1 psychologist for every 1,000 students, and 1 school social worker for every 800 students; (10) the population of elementary and secondary school students in the United States is expected to increase dramatically during the 5 to 10 years beginning with 1999; (11) the Federal Government can help reduce the risk of academic, social, and emotional problems among elementary and secondary school children by stimulating the development of model school counseling programs; and (12) the Federal Government can help reduce the risk of future unemployment and assist the school-to-work transition by stimulating the development of model school counseling programs that include comprehensive career development. (b) Purpose.--It is the purpose of this Act to enhance the availability and quality of counseling services for elementary and secondary school children by providing grants to local educational agencies to enable such agencies to establish or expand effective and innovative counseling programs that can serve as national models. SEC. 3. SCHOOL COUNSELING. Section 10102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8002) is amended to read as follows: ``SEC. 10102. ELEMENTARY SCHOOL AND SECONDARY SCHOOL COUNSELING DEMONSTRATION. ``(a) Counseling Demonstration.-- ``(1) In general.--The Secretary may award grants under this section to local educational agencies to enable the local educational agencies to establish or expand elementary school and secondary school counseling programs. ``(2) Priority.--In awarding grants under this section, the Secretary shall give special consideration to applications describing programs that-- ``(A) demonstrate the greatest need for new or additional counseling services among the children in the schools served by the applicant; ``(B) propose the most promising and innovative approaches for initiating or expanding school counseling; and ``(C) show the greatest potential for replication and dissemination. ``(3) Equitable distribution.--In awarding grants under this section, the Secretary shall ensure an equitable geographic distribution among the regions of the United States and among urban, suburban, and rural areas. ``(4) Duration.--A grant under this section shall be awarded for a period not to exceed three years. ``(5) Maximum grant.--A grant under this section shall not exceed $400,000 for any fiscal year. ``(b) Applications.-- ``(1) In general.--Each local educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(2) Contents.--Each application for a grant under this section shall-- ``(A) describe the school population to be targeted by the program, the particular personal, social, emotional, educational, and career development needs of such population, and the current school counseling resources available for meeting such needs; ``(B) describe the activities, services, and training to be provided by the program and the specific approaches to be used to meet the needs described in subparagraph (A); ``(C) describe the methods to be used to evaluate the outcomes and effectiveness of the program; ``(D) describe the collaborative efforts to be undertaken with institutions of higher education, businesses, labor organizations, community groups, social service agencies, and other public or private entities to enhance the program and promote school- linked services integration; ``(E) describe collaborative efforts with institutions of higher education which specifically seek to enhance or improve graduate programs specializing in the preparation of school counselors, school psychologists, and school social workers; ``(F) document that the applicant has the personnel qualified to develop, implement, and administer the program; ``(G) describe how any diverse cultural populations, if applicable, would be served through the program; ``(H) assure that the funds made available under this part for any fiscal year will be used to supplement and, to the extent practicable, increase the level of funds that would otherwise be available from non-Federal sources for the program described in the application, and in no case supplant such funds from non-Federal sources; and ``(I) assure that the applicant will appoint an advisory board composed of parents, school counselors, school psychologists, school social workers, other pupil services personnel, teachers, school administrators, and community leaders to advise the local educational agency on the design and implementation of the program. ``(c) Use of Funds.-- ``(1) In general.--Grant funds under this section shall be used to initiate or expand school counseling programs that comply with the requirements in paragraph (2). ``(2) Program requirements.--Each program assisted under this section shall-- ``(A) be comprehensive in addressing the personal, social, emotional, and educational needs of all students; ``(B) use a developmental, preventive approach to counseling; ``(C) increase the range, availability, quantity, and quality of counseling services in the schools of the local educational agency; ``(D) expand counseling services only through qualified school counselors, school psychologists, and school social workers; ``(E) use innovative approaches to increase children's understanding of peer and family relationships, work and self, decisionmaking, or academic and career planning, or to improve social functioning; ``(F) provide counseling services that are well- balanced among classroom group and small group counseling, individual counseling, and consultation with parents, teachers, administrators, and other pupil services personnel; ``(G) include inservice training for school counselors, school social workers, school psychologists, other pupil services personnel, teachers, and instructional staff; ``(H) involve parents of participating students in the design, implementation, and evaluation of a counseling program; ``(I) involve collaborative efforts with institutions of higher education, businesses, labor organizations, community groups, social service agencies, or other public or private entities to enhance the program and promote school-linked services integration; ``(J) evaluate annually the effectiveness and outcomes of the counseling services and activities assisted under this section; ``(K) ensure a team approach to school counseling by maintaining a ratio in the elementary schools and secondary schools of the local educational agency that does not exceed 1 school counselor to 250 students, 1 school social worker to 800 students, and 1 school psychologist to 1,000 students; and ``(L) ensure that school counselors, school psychologists, or school social workers paid from funds made available under this section spend at least 85 percent of their total worktime at the school in activities directly related to the counseling process and not more than 15 percent of such time on administrative tasks that are associated with the counseling program. ``(3) Report.--The Secretary shall issue a report evaluating the programs assisted pursuant to each grant under this subsection at the end of each grant period in accordance with section 14701, but in no case later than January 30, 2003. ``(4) Dissemination.--The Secretary shall make the programs assisted under this section available for dissemination, either through the National Diffusion Network or other appropriate means. ``(5) Limit on administration.--Not more than five percent of the amounts made available under this section in any fiscal year shall be used for administrative costs to carry out this section. ``(d) Definitions.--For purposes of this section-- ``(1) the term `school counselor' means an individual who has documented competence in counseling children and adolescents in a school setting and who-- ``(A) possesses State licensure or certification granted by an independent professional regulatory authority; ``(B) in the absence of such State licensure or certification, possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or ``(C) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent; ``(2) the term `school psychologist' means an individual who-- ``(A) possesses a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours shall be in the school setting; ``(B) possesses State licensure or certification in the State in which the individual works; or ``(C) in the absence of such State licensure or certification, possesses national certification by the National School Psychology Certification Board; ``(3) the term `school social worker' means an individual who holds a master's degree in social work and is licensed or certified by the State in which services are provided or holds a school social work specialist credential; and ``(4) the term `supervisor' means an individual who has the equivalent number of years of professional experience in such individual's respective discipline as is required of teaching experience for the supervisor or administrative credential in the State of such individual. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $100,000,000 for fiscal year 2000 and such sums as may be necessary for each of the 4 succeeding fiscal years, of which $60,000,000 shall be available for each fiscal year to establish or expand elementary school counseling programs.''.

Elementary and Secondary School Counseling Improvement Act of 1999 - Amends the Elementary and Secondary Education Act of 1965 to reauthorize and expand the elementary school counseling demonstration program to include secondary schools. Authorizes the Secretary of Education to award program grants to local educational agencies (LEAs) to establish or expand elementary and secondary school counseling programs. Requires each assisted program to ensure: (1) a team approach to school counseling by maintaining a ratio in the LEA's elementary and secondary schools that does not exceed one school counselor to 250 students, one school social worker to 800 students, and one school psychologist to 1,000 students; and (2) that school counselors, psychologists, and social workers paid from funds under this Act spend at least 85 percent of work time in providing direct services to students and not more than 15 percent on associated administrative tasks. Authorizes appropriations for FY 2000 through 2004 for such program grants. Requires that 60 percent of such specified amount of funds be reserved for grants for elementary schools.

Elementary and Secondary School Counseling Improvement Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Victims Crime Prevention Act of 1995''. SEC. 2. PREVENTION OF FRAUD FOLLOWING MAJOR DISASTERS. (a) In General.--Title III of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended-- (1) by redesignating sections 315 through 321 as sections 316 through 322, respectively; and (2) by inserting after section 314 the following: ``SEC. 315. PREVENTION OF FRAUD FOLLOWING MAJOR DISASTERS. ``(a) Definitions.--In this section: ``(1) Agreement.--The term `agreement', with respect to the provision of a consumer good or service, includes an offer or undertaking to provide or arrange for the provision of the consumer good or service without regard to whether an enforceable contract is entered into. ``(2) Consumer good or service.--The term `consumer good or service' means a good, piece of equipment, or service provided primarily for personal, family, or household purposes, including food, water, ice, a chemical, a building supply, a tool, a petroleum product, a residential lease property, a residential construction, reconstruction, or repair service, or a service for the removal of debris (including a damaged tree) and garbage. ``(3) Provide.--The term `provide', with respect to a consumer good or service, means to sell, lease, or otherwise provide in exchange for consideration, the good or service. ``(4) Supplier.--The term `supplier' includes a seller, reseller, wholesaler, distributor, retailer, lessor, provider, or licensed or unlicensed contractor, subcontractor, or laborer, involved in the provision or distribution of a consumer good or service. ``(b) Establishment of Anti-Fraud Strike Forces.--Following the declaration of the existence of a major disaster by the President, the Attorney General shall-- ``(1) consult with the United States Attorney for the district in which the disaster occurred and with State and local law enforcement officials to determine the extent to which victims of the disaster are being further victimized by fraudulent or otherwise unscrupulous activities of suppliers offering consumer goods and services for the cleanup, repair, and other recovery from the effects of the disaster; and ``(2) if it appears that the extent of the activities referred to in paragraph (1) is such that the resources of the officials are not sufficient to quickly and adequately investigate and prosecute the activities, establish an anti- fraud task force of investigators and prosecutors to combat the activities in the area affected by the disaster. ``(c) Fraud Involving Disaster Victims.-- ``(1) Suppliers of consumer goods and services.-- ``(A) Offense.--During the period beginning on the date the existence of a major disaster is declared by the President and ending 180 days after that date, and within the area to which the declaration applies, a supplier who by false pretenses, by the making of a representation that the supplier knows, or has reason to know, is false or misleading, or through fraudulent conduct, obtains money or any other thing of value in connection with an agreement to provide a consumer good or service for the cleanup, repair, or other recovery from the effects of a major disaster shall be punished as provided in subparagraph (B). ``(B) Penalty.--A supplier who commits an offense described in subparagraph (A) shall be imprisoned not more than 10 years or fined under title 18, United States Code, or both. ``(C) Presumptions.--For the purposes of subparagraph (A), a supplier shall be considered to obtain money or another thing of value by false pretenses if-- ``(i)(I) the supplier uses the money or other thing of value for any purpose other than to-- ``(aa) purchase materials to be used in carrying out the agreement; ``(bb) pay for work performed or other expenses incurred in connection with the agreement; or ``(cc) pay for a proportionate share of the overhead and profit of the supplier; and ``(II) the person with whom the agreement was made has not authorized, in writing, the use of the money or other thing of value for a purpose other than a purpose described in item (aa), (bb), or (cc) of subclause (I); or ``(ii) in the case of an agreement to provide or arrange for the provision of a residential construction, reconstruction, or repair service, or a service for the removal of debris (including a damaged tree) and garbage-- ``(I) the supplier receives more than 10 percent of the money or other thing of value under the agreement for the service and fails to-- ``(aa) apply for each permit necessary to carry out the agreement by the date that is 30 days after the date of the receipt of the money or thing of value; or ``(bb) start carrying out the construction, reconstruction, repair, or removal by the date that is 90 days after the last necessary permit is obtained; and ``(II) the person with whom the agreement was made has not authorized, in writing, a longer time period than the applicable period described in subclause (I). ``(2) Beneficiaries of federal assistance.-- ``(A) Offense.--A person who by false pretenses, by the making of a representation that the supplier knows, or has reason to know, is false or misleading, or through fraudulent conduct, obtains a grant or loan of money, a consumer good or service, or any other form of assistance, directly or indirectly, from the Federal Government for use in connection with the cleanup, repair, or other recovery from the effects of a major disaster shall be punished as provided in subparagraph (B). ``(B) Penalty.--A person who commits an offense described in subparagraph (A) shall be imprisoned not more than 10 years or fined under title 18, United States Code, or both. ``(d) Price-Gouging of Disaster Victims.-- ``(1) Offense.-- ``(A) In general.--During the period beginning on the date the existence of a major disaster is declared by the President and ending 180 days after that date, and within the area to which the declaration applies, it shall be unlawful for a supplier to provide, or to offer to provide, any consumer good or service at an unconscionably excessive price (as determined under subparagraph (B)). ``(B) Determination of unconscionably excessive price.-- ``(i) In general.--For the purpose of subparagraph (A), whether a price is unconscionably excessive shall be a question of law for a court to determine. There shall be considered to be prima facie evidence that a price is unconscionably excessive if-- ``(I)(aa) the amount charged represents a gross disparity between the price of the consumer good or service that is the subject of the transaction and the average price at which the consumer good or service was provided, or offered to be provided, by the supplier in the ordinary course of business during the 30-day period immediately prior to the declaration of the existence of the disaster; or ``(bb) the amount charged grossly exceeds the average price at which the same or similar consumer goods or services were readily obtainable by consumers in the trade area during the 30-day period immediately prior to the declaration of the existence of the disaster; and ``(II) subject to clause (ii), the amount by which the amount charged exceeds the average price referred to in subclause (I) is not attributable to increased costs incurred by the supplier in connection with the provision of the consumer good or service. ``(ii) Determination of increased costs of supplier.--In determining the increased costs incurred by a supplier under clause (i)(II), an increase in the replacement cost to the supplier of a good may not be taken into account unless the supplier has no reasonable assurance of recouping the increased replacement cost in a subsequent sale involving the good. ``(2) Enforcement.-- ``(A) Penalty.--A supplier who knowingly violates paragraph (1) shall be imprisoned not more than 1 year or fined not more than $10,000, or both. In addition, a court may require disgorgement of any gain unlawfully acquired and restitution to any injured party. ``(B) Actions by victims.--A person, Federal agency, State, or local government that suffers loss or damage as a result of a violation of paragraph (1) may bring an action against a supplier in a district court of the United States for treble damages, disgorgement, special or punitive damages, reasonable attorney's fees, costs and expenses of suit, and any other appropriate legal or equitable relief, including injunctive relief. ``(C) Actions by state attorneys general.--An attorney general of a State, or other authorized State official, may bring a civil action in the name of the State, on behalf of persons residing in the State, in a district court of the United States that has jurisdiction over the defendant for treble damages, disgorgement, special or punitive damages, reasonable attorney's fees, costs and expenses of suit, and any other appropriate legal or equitable relief, including injunctive relief. ``(3) No preemption.--Nothing in this subsection preempts State law. ``(e) Provision of Fraud Prevention Information.--The Director of the Federal Emergency Management Agency shall-- ``(1) in consultation with the Attorney General, the Administrator of the Small Business Administration, State attorneys general, and other State officials with responsibility for fraud prevention, develop public information materials to assist victims of major disasters in detecting and avoiding suppliers who attempt to obtain money or other things of value from the victims in exchange for fraudulent or otherwise unscrupulous offers of consumer goods or services for the cleanup, repair, and other recovery from the effects of the disasters; and ``(2) provide for the distribution of the materials developed under paragraph (1) to the victims of each major disaster as soon as practicable after the declaration of the existence of the disaster by the President.''. (b) Commission of Offense Following a Major Disaster To Be Considered an Aggravating Factor.--The United States Sentencing Commission, in the exercise of the authority of the Commission under section 994 of title 28, United States Code, shall review and, if necessary, amend the sentencing guidelines promulgated under the section to provide that the commission of an offense under section 1341, 1343, or 2314 of title 18, United States Code, in connection with the provision of a consumer good or service (as defined in section 315(a)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (as amended by subsection (a)(2))) for the cleanup, repair, or other recovery from the effects of a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) shall be an aggravating factor that may result in the imposition of a sentence that is twice as great as a sentence that would otherwise be imposed.

Disaster Victims Crime Prevention Act of 1995 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the Attorney General, following the declaration of a major disaster by the President: (1) to consult with the appropriate U.S. Attorney and State and local law enforcement officials to determine the extent to which victims of the disaster are being further victimized by fraudulent or otherwise unscrupulous activities of suppliers offering consumer goods and services for the cleanup, repair, and other recovery from the effects of the disaster (cleanup); and (2) if it appears that resources of such officials are insufficient, to establish an anti-fraud task force to quickly and adequately investigate and prosecute the activities. Sets penalties to be imposed against: (1) any supplier who, during the 180 days following declaration of a major disaster, obtains anything of value through false pretenses or fraudulent conduct in connection with an agreement to provide a consumer good or service for the cleanup; (2) any person who obtains through false pretenses any form of Government assistance for the cleanup; and (3) any supplier who provides or offers to provide during such period any consumer good or service at an unconscionably excessive price, based on a specified formula (and authorizes actions by victims and by State attorneys general for relief). Requires the Director of the Federal Emergency Management Agency to: (1) develop public information materials to assist victims of major disasters in detecting and avoiding unscrupulous suppliers; and (2) provide for the distribution of such materials to the victims of each major disaster as soon as practicable after the President's declaration of the existence of the disaster. Directs the United States Sentencing Commission to review and, if necessary, amend the sentencing guidelines to make the commission of specified offenses in connection with the provision of a consumer good or service for the cleanup an aggravating factor that may result in the imposition of a sentence twice as great as that which would otherwise be imposed.

Disaster Victims Crime Prevention Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Prosecutor Ethics Act''. SEC. 2. ETHICAL STANDARDS FOR FEDERAL PROSECUTORS. (a) Amendments to Title 28, United States Code.-- (1) General.--Section 530B of title 28, United States Code, is amended to read as follows: ``Sec. 530B. Ethical standards for Federal prosecutors ``(a) General.--Except as provided in subsection (b), a Federal prosecutor shall be subject to all laws and rules governing ethical conduct of attorneys of the State in which the Federal prosecutor is licensed as an attorney. ``(b) Exception.--A Federal prosecutor shall not be subject to a State law or rule governing ethical conduct of attorneys, to the extent that the State law or rule is inconsistent with Federal law or interferes with the effectuation of Federal law or policy, including the investigation of violations of Federal law. ``(c) Federal Prosecutor Defined.--In this section, the term `Federal prosecutor' means an attorney employed by the Department of Justice who is directly engaged in the prosecution of violations of Federal civil or criminal law.''. (2) Technical and conforming amendment.--The analysis for chapter 31 of title 28, United States Code, is amended by striking the item for section 530B and inserting the following: ``530B. Ethical standards for Federal prosecutors.''. (3) Regulations.--Not later than 90 days after the date of enactment of this Act, the Attorney General shall promulgate such regulations as may be necessary to carry out section 530B of title 28, United States Code, as added by paragraph (1) of this subsection. (b) Prohibited Conduct for Department of Justice Employees.-- (1) In general.--The Attorney General shall establish by rule that it shall be punishable conduct for any officer or employee of the Department of Justice, in the discharge of his or her official duties, intentionally to-- (A) seek the indictment of any person in the absence of a reasonable belief of probable cause, as prohibited by the Principles of Federal Prosecution, United States Attorneys' Manual 9-27.200 et seq.; (B) fail to disclose exculpatory evidence to the defense, in violation of his or her obligations under Brady v. Maryland (373 U.S. 83 (1963)); (C) mislead a court as to the guilt of any person by knowingly making a false statement of material fact or law; (D) offer evidence known to be false; (E) alter evidence in violation of section 1512 of title 18, United States Code; (F) attempt to corruptly influence or color a witness's testimony with the intent to encourage untruthful testimony, in violation of section 1503 or 1512 of title 18, United States Code; (G) violate a defendant's right to discovery under Rule 16(a) of the Federal Rules of Criminal Procedure; (H) offer or provide sexual activities to any government witness or potential witness in exchange for or on account of his or her testimony; or (I) improperly disseminate confidential, non-public information to any person during an investigation or trial, in violation of-- (i) section 50.2 of title 28, Code of Federal Regulations; (ii) Rule 6(e) of the Federal Rules of Criminal Procedure; (iii) subsection (b) or (c) of section 2232 of title 18, United States Code; (iv) section 6103 of the Internal Revenue Code of 1986; or (v) United States Attorneys' Manual 1-7.000 et seq. (2) Penalties.--The Attorney General shall establish a range of penalties for engaging in conduct prohibited under paragraph (1), which shall include-- (A) reprimand; (B) demotion; (C) dismissal; (D) suspension from employment; (E) referral of ethical charges to the bar; and (F) referral of evidence related to the conduct, if appropriate, to a grand jury for possible criminal prosecution. (3) Substantive rights.--Nothing in paragraph (1) may be construed to-- (A) establish any substantive right on behalf of a criminal defendant, civil litigant, target or subject of an investigation, witness, counsel for a represented party or parties, or any other person; or (B) provide a basis for-- (i) dismissing any criminal or civil charge or proceeding against any person in any court of the United States; or (ii) excluding relevant evidence in any proceeding in any court of the United States. (c) Annual Report.-- (1) In general.--Beginning on June 1, 1999, and on June 1 of each year thereafter, the Attorney General shall submit to the Committees on the Judiciary and on Appropriations of the House of Representatives and the Senate a report on the activities and operations of the Office of Professional Responsibility of the Department of Justice during the fiscal year that ended on September 30 of the preceding year. (2) Elements of report.--Each report submitted under paragraph (1) shall-- (A) include the number, type, and disposition of all investigations conducted or supervised by the Office of Professional Responsibility; (B) include a summary of the findings of each investigation in which the Department of Justice found that an officer or employee of the Department of Justice-- (i) engaged in willful misconduct; or (ii) committed a willful violation of subsection (b)(1); and (C) be confidential and not disclose information that would interfere with any pending investigation or improperly infringe upon the privacy rights of any individual. (d) Commission on Federal Prosecutorial Conduct.-- (1) Establishment and functions of commission.-- (A) Establishment.--There is established a Commission on Federal Prosecutorial Conduct (referred to in this subsection as the ``Commission''). (B) Functions.--The functions of the Commission shall be to-- (i) conduct a review regarding-- (I) whether there are specific Federal duties related to investigation and prosecution of violations of Federal law which are incompatible with the regulation of the conduct of Federal prosecutors (as that term is defined in section 530B of title 28, United States Code) by any State law or rule governing ethical conduct of attorneys; and (II) the procedures utilized by the Department of Justice to investigate and punish inappropriate conduct by Federal prosecutors; and (ii) not later than 12 months after the date on which the members of the Commission are appointed under paragraph (2)(B), submit to the Attorney General a report concerning the review under clause (i), including any recommendations of the Commission relating to the matters reviewed under clause (i). (C) Consultation.--In carrying out subparagraph (B), the Commission shall consult with the Attorney General, the Chairmen and Ranking Members of the Committees on the Judiciary of the House of Representatives and the Senate, the American Bar Association and other organizations of attorneys, representatives of Federal, State, and local law enforcement agencies, and Federal and State courts. (2) Membership.-- (A) In general.--The Commission shall be composed of 7 members, each of whom shall be-- (i) appointed by the Chief Justice of the United States, after consultation with the Chairmen and Ranking Members of the Committees on the Judiciary of the House of Representatives and the Senate, and representatives of judges, prosecutors, defense attorneys, law enforcement officials, victims of crime, and others interested in the criminal justice process; and (ii) a judge of the United States (as defined in section 451 of title 28, United States Code). (B) Appointment.--The members of the Commission shall be appointed not later than 30 days after the date of enactment of this Act. (C) Vacancy.--Any vacancy in the Commission shall be filled in the same manner as the original appointment. (D) Chairperson.--The Commission shall elect a chairperson and vice chairperson from among its members. (E) Quorum.--Four members of the Commission shall constitute a quorum, but 2 members may conduct hearings. (3) Compensation.--Members of the Commission who are officers, or full-time employees, of the United States shall receive no additional compensation for their services, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of duties vested in the Commission, but not in excess of the maximum amounts authorized under section 456 of title 28, United States Code. (4) Personnel.-- (A) Executive director.--The Commission may appoint an Executive Director, who shall receive compensation at a rate not exceeding the rate prescribed for level V of the Executive Schedule under section 5316 of title 5, United States Code. (B) Staff.--The Executive Director, with the approval of the Commission, may appoint and fix the compensation of such additional personnel as the Executive Director determines to be necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service or the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. Compensation under this subparagraph shall not exceed the annual maximum rate of basic pay for a position above GS-15 of the General Schedule under section 5108 of title 5, United States Code. (C) Experts and consultants.--The Executive Director may procure personal services of experts and consultants as authorized by section 3109 of title 5, United States Code, at rates not to exceed the highest level payable under the General Schedule pay rates under section 5332 of title 5, United States Code. (D) Services.--The Administrative Office of the United States Courts shall provide administrative services, including financial and budgeting services, to the Commission on a reimbursable basis. The Federal Judicial Center shall provide necessary research services to the Commission on a reimbursable basis. (5) Information.--The Commission may request from any department, agency, or independent instrumentality of the Federal Government any information and assistance the Commission determines to be necessary to carry out its functions under this subsection. Each such department, agency, and independent instrumentality is authorized to provide such information and assistance to the extent permitted by law when requested by the chairperson of the Commission. (6) Report of the attorney general.--Not later than 60 days after the date of enactment of this Act, the Attorney General shall submit to the Commission a report, which shall, with respect to the 3-year period preceding the date on which the report is submitted under this paragraph-- (A) include the number, type, and disposition of all investigations conducted or supervised by the Office of Professional Responsibility of the Department of Justice; (B) include a summary of the findings of each investigation in which the Department of Justice found that an officer or employee of the Department of Justice engaged in willful misconduct; and (C) be confidential and not disclose information that would interfere with any pending investigation or improperly infringe upon the privacy rights of any individual. (7) Termination.--The Commission shall terminate 90 days after the date on which the Commission submits the report under paragraph (1)(B)(ii). (8) Authorization of appropriations.--There is authorized to be appropriated to the Commission such sums, not to exceed $900,000, as may be necessary to carry out this subsection. Amounts made available under this paragraph shall remain available until expended.

Federal Prosecutor Ethics Act - Amends the Federal judicial code to replace provisions regarding ethical standards for attorneys for the Government with ethical standards for Federal prosecutors. Subjects a Federal prosecutor (defined as an attorney employed by the Department of Justice (DOJ) who is directly engaged in the prosecution of violations of Federal civil or criminal law) to all laws and rules governing ethical conduct of attorneys of the State in which such prosecutor is licensed as an attorney, except to the extent such law or rule is inconsistent with Federal law or interferes with the effectuation of Federal law or policy, including the investigation of violations of Federal law. Directs the Attorney General to establish by rule that it shall be punishable conduct for any DOJ officer or employee, in the discharge of his or her official duties, to intentionally: (1) seek the indictment of any person in the absence of a reasonable belief of probable cause; (2) fail to disclose exculpatory evidence to the defense; (3) mislead a court as to the guilt of any person by knowingly making a false statement of material fact or law; (4) offer evidence known to be false; (5) alter evidence; (6) attempt to corruptly influence or color a witness's testimony with intent to encourage untruthful testimony; (7) violate a criminal defendant's right to discovery; (8) offer or provide sexual activities to any Government witness or potential witness in exchange for his or her testimony; or (9) improperly disseminate confidential, non-public information to any person during an investigation or trial. Requires the Attorney General to: (1) establish a range of penalties for engaging in such prohibited conduct, including reprimand, demotion, dismissal, suspension from employment, referral of ethical charges to the bar, and referral of evidence related to the conduct to a grand jury; and (2) report annually to specified congressional committees on the activities and operations of DOJ's Office of Professional Responsibility. Establishes a Commission on Federal Prosecutorial Conduct. Sets forth reporting requirements. Authorizes appropriations.

Federal Prosecutor Ethics Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Post 9-11 GI Jobs Act of 2011''. SEC. 2. FINDINGS. The Congress finds the following: (1) Veterans make heroic sacrifices to protect our country. (2) The people of the United States greatly value military service and recognize the difficult challenges involved in adjusting to civilian life after wartime service in the Armed Forces. (3) Veterans from recent wars are disproportionately unemployed and underemployed. (4) Veterans age 18 to 24, who have served in the Armed Forces since September 11, 2001, had an unemployment rate of 20.9 percent in 2010. SEC. 3. INCREASE IN WORK OPPORTUNITY TAX CREDIT FOR HIRING VETERANS. (a) In General.--Subsection (d) of section 51 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(15) Credit allowed for post 9-11 veterans in 2011 through 2014.-- ``(A) In general.--Any post 9-11 veteran who begins work for the employer after the date of the enactment of this paragraph shall be treated as a member of a targeted group for purposes of this subpart. ``(B) Increase in wages taken into account.--For purposes of this paragraph, in the case of a post 9-11 veteran, subsection (b)(3) shall be applied by substituting `$8,000' for `$6,000'. ``(C) Post 9-11 veteran.--For purposes of this paragraph, the term `post 9-11 veteran' means any veteran (as defined in paragraph (3)(B), determined without regard to clause (ii) thereof) who is certified by the designated local agency as having been discharged or released from active duty in the Armed Forces at any time after September 11, 2001. ``(D) Termination.--For purposes of this paragraph, subsection (c)(4)(B) shall be applied by substituting `December 31, 2014' for `December 31, 2011'.''. (b) Increase in Credit for Other Veterans.--Paragraph (3) of section 51(b) of such Code is amended to read as follows: ``(3) Limitation on wages per year taken into account.--The amount of the qualified first-year wages which may be taken into account with respect to any individual shall not exceed-- ``(A) except as provided in subparagraph (B) or (C), $6,000 per year, ``(B) in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii), $14,000 per year for taxable years ending before January 1, 2015, and $12,000 per year thereafter, and ``(C) in the case of any individual who is a qualified veteran other than by reason of subsection (d)(3)(A)(ii) or being described in subsection (d)(15), $7,500 per year for taxable years ending before January 1, 2015.''. (c) Study Regarding Unemployment Compensation of Veterans.--The Secretary of Veterans Affairs shall conduct a study that examines the receipt of unemployment compensation by unemployed Post 9-11 veterans and examines any impediment that may prevent access to Post 9-11 veterans seeking unemployment compensation. Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit the results of the study to Congress and shall include with such submission recommendations (if any) for expanding unemployment compensation to veterans. (d) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act. SEC. 4. DEDUCTION FOR INCREASED JOB TRAINING FOR POST 9-11 VETERANS. (a) In General.--Part VI of subchapter B of chapter I of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 200. INCREASED JOB TRAINING FOR POST 9-11 VETERANS. ``(a) Allowance of Deduction.--There shall be allowed as a deduction the qualified job training expenses. ``(b) Limitation.--The amount taken into account as qualified job training expenses under subsection (a) for an employee for a taxable year shall not exceed $1,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified job training expenses.--The term `qualified job training expenses' means amounts paid or incurred by an employer for a taxable year to provide training to post 9-11 veterans in the area of green jobs or sustainable manufacturing. Training provided under the preceding sentence shall ensure that post 9-11 veterans have the same level of training and seniority as their non-veteran peers. ``(2) Veteran.--The term `post 9-11 veteran' means any individual who after September 11, 2001-- ``(A) served on active duty (other than active duty for training) in the Armed Forces of the United States or full-time National Guard duty for a period of more than 180 days, or ``(B) was discharged or released from active duty in the Armed Forces of the United States for a service- connected disability. ``(3) Green job.--The term `green job' means a job directly-- ``(A) improving the energy efficiency of housing for elderly and low-income people, ``(B) building energy-efficient `green' housing, ``(C) assisting with the design and deployment of smart grid technology, ``(D) assisting with electric power transmission systems, including upgrading and reconductoring, ``(E) assisting with recycling and waste reduction, ``(F) assisting in the implementation of sustainable agriculture and farming, ``(G) repairing, renovating, or rehabilitating existing infrastructure or facility, including rail, mass transportation, ports, schools and hospitals, ``(H) improving recreational trails, ``(I) transforming military bases affected by the Base Realignment and Closure process (BRAC) to green the space, ``(J) assisting with reforestation, ``(K) assisting with renewable resource enhancement, ``(L) assisting in emergency operations, such as disaster prevention and relief, and ``(M) assisting with water and energy conservation. ``(4) Sustainable manufacturing.--The term `sustainable manufacturing' has the meaning specified by the Secretary of Commerce. ``(d) Termination.--This section shall not apply to amounts paid or incurred after December 31, 2014.''. (b) Clerical Amendment.--The table of sections for part VI of subchapter B of such chapter is amended by adding at the end the following new item: ``Sec. 200. Increased job training for post 9-11 veterans.''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.

Post 9-11 GI Jobs Act of 2011 - Amends the Internal Revenue Code to allow: (1) an increased work opportunity tax credit for hiring post 9-11 veterans and other veterans; and (2) a tax deduction, up to $1,000, for the qualified job training expenses of post 9-11 veterans in the area of green jobs or sustainable manufacturing. Defines "post 9-11 veteran" as any individual who, after September 11, 2001: (1) served on active duty in the Armed Forces or full-time in the National Guard for more than 180 days, or (2) was discharged or released from active duty for a service-connected disability. Terminates the increase in the tax credit and the tax deduction allowed by this Act after 2014.

To amend the Internal Revenue Code of 1986 to provide tax incentives for hiring post 9-11 veterans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Dialogue on Social Security Act of 1998''. TITLE I--NATIONAL DIALOGUE ON SOCIAL SECURITY SEC. 101. ESTABLISHMENT OF NATIONAL DIALOGUE. As soon as practicable after the date of the enactment of this Act, the President, the Speaker of the House of Representatives, and the Majority Leader of the Senate shall jointly convene a National Dialogue on the old-age, survivors, and disability insurance program under title II of the Social Security Act. The purpose of the National Dialogue shall be to engage, by means of regional conferences and national Internet exchanges, the American public in understanding the current program, the problems it faces, and the need to find solutions that will be workable for all generations and to generate comments, suggestions, and recommendations from the citizens for social security reform. SEC. 102. FACILITATORS. The National Dialogue conducted pursuant to section 101 shall operate under the administration and coordination of two Facilitators, one of whom shall be appointed by the President, in consultation with the Minority Leader of the House of Representatives and the Minority Leader of the Senate, and one of whom shall be appointed jointly by the Speaker of the House of Representatives and the Majority Leader of the Senate. The Facilitators shall be appointed within 30 days after the date of the enactment of this Act. The Facilitators shall be appointed from among individuals known for their integrity, impartiality, and good judgment, who are, by reason of their education, experience, and attainments, exceptionally qualified to perform the duties of such office. The Facilitators may serve until termination of the National Dialogue under section 108. SEC. 103. PLANS FOR NATIONAL DIALOGUE. After consultation with the President, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate, the Facilitators shall transmit the final plans for the development and operations of the National Dialogue to the President and each House of the Congress not later than 60 days after the date of the enactment of this Act. SEC. 104. DIALOGUE COUNCIL. (a) Establishment and Duties.--There is established a Dialogue Council. It shall be the duty of the Dialogue Council to advise the Facilitators in the development and operations of, and to promote nationwide participation in, the National Dialogue. (b) Membership.-- (1) In general.--The Dialogue Council shall be composed of 36 of the individuals nominated pursuant to paragraph (2), of whom-- (A) nine shall be appointed by the Speaker of the House of Representatives; (B) four shall be appointed by the Minority Leader of the House of Representatives; (C) nine shall be appointed by the Majority Leader of the Senate; (D) four shall be appointed by the Minority Leader of the Senate; and (E) ten shall be appointed by the President. To the extent practicable, the members shall include both men and women and shall be selected so as to ensure that individuals born before 1946, individuals born in or after 1946 and before 1961, and individuals born in or after 1961 are equally represented within the membership. (2) Nominations.--Individuals shall be appointed under paragraph (1) from a group of 54 individuals, consisting of individuals nominated in sets of two each, respectively, by each of the following 27 private organizations: (A) American Association of Retired Persons; (B) United Seniors Association; (C) American Federation of Labor and Congress of Industrial Organizations; (D) The National Hispanic Council on Aging; (E) The Older Women's League; (F) Association of Private Pension and Welfare Plans; (G) Cato Institute; (H) Employee Benefit Research Institute; (I) Americans Discuss Social Security; (J) Third Millennium; (K) The U.S. Junior Chamber of Commerce; (L) Americans for Hope, Growth, and Opportunity; (M) National Federation of Independent Businesses; (N) The Concord Coalition; (O) National Caucus and Center on Black Aged; (P) Campaign for America's Future; (Q) The Heritage Foundation; (R) The Brookings Institution; (S) The 2030 Center; (T) National Council of Senior Citizens; (U) Center on Budget and Policy Priorities; (V) National Committee to Preserve Social Security and Medicare; (W) United States Chamber of Commerce; (X) Pension Rights Center; (Y) Consortium for Citizens with Disabilities; (Z) National Association of Manufacturers; and (AA) National Association for the Self-Employed. (c) Administration.--The Dialogue Council shall meet at the call of the Facilitators. The Dialogue Council shall be subject to the Federal Advisory Committee Act. Members of the Council shall receive no pay, allowances, or benefits by reason of their service on the Council (other than any private funding of costs pursuant to section 105). (d) Termination.--The Dialogue Council shall terminate upon the termination of the National Dialogue under section 108. SEC. 105. PRIVATE SPONSORSHIP AND OTHER REQUIREMENTS. The National Dialogue conducted pursuant to section 101 shall operate by means of sponsorship by private, nonpartisan organizations of conferences which shall be convened in localities across the Nation, which shall be geographically representative of the Nation as a whole, and which shall provide for participation which is representative of all age groups in the population. The Facilitators shall encourage and coordinate the sponsorship by such organizations of the National Dialogue and shall ensure that all costs relating to the functions of the Facilitators and the Dialogue Council under sections 104 and 107 and not referred to in section 109 are borne by such organizations or, as appropriate, by other private contributions. The source and amounts of contributions made pursuant to this section shall be made available to the public. SEC. 106. CONSTITUENCY INPUT. (a) In General.--In order to assure that the widest possible degree of opinion is received by Members of Congress regarding the future of the old-age, survivors, and disability insurance program under title II of the Social Security Act, each Member may, in connection with the National Dialogue, develop with grassroots organizations and other constituency groups within the Member's district ongoing systems of communication through the use of the Internet and other available electronic capabilities. Such groups include, but are not limited to, key opinion leaders, journalists, business representatives, union members, and students of all age groups. (b) Internet Dialogue Coordination.-- (1) Internet dialogue coordinator.--The Facilitators shall appoint an Internet Dialogue Coordinator who shall assist Members of Congress in establishing systems of communication as described in subsection (a). In carrying out the Coordinator's duties, the Coordinator shall-- (A) establish a national dialogue web site, which may include, but is not limited to, personal financial planning, Federal budget impact exercises, ongoing public opinion tallies regarding legislative proposals, moderated chat rooms, and threaded newsgroups; (B) assist Members' offices in establishing connections to the national dialogue web site; (C) assist Members in coordinating a national electronic town hall meeting on the future of social security; (D) advise Members regarding the most effective technological means for reaching out to constituent groups for purposes of this section; and (E) work with other Internet-oriented groups to broaden the reach of Internet capability for purposes of this section. (2) Internet advisory board.-- (A) Establishment.--There is established an Internet Advisory Board. It shall be the duty of the Board to advise the Internet Dialogue Coordinator in the most appropriate and effective means of employing the Internet under this section. (B) Membership.--The Board shall consist of 3 members appointed by the Facilitators from among individuals recognized for their expertise relating to the Internet. (C) Administration.--The Board shall meet at the call of the Internet Dialogue Coordinator. The Board shall be subject to the Federal Advisory Committee Act. Members of the Board shall receive no pay, allowances, or benefits by reason of their service on the Board, except that any member of the Board who is not otherwise an officer or employee of the Federal Government shall receive travel expenses and per diem in lieu of subsistence in accordance with sections 5702 and 5703 of title 5, United States Code. (c) Reports.--The Internet Dialogue Coordinator shall periodically report in writing to the Facilitators the results of the systems of communication established pursuant to this section. (d) Termination.--The provisions of this section shall terminate upon the termination of the National Dialogue under section 108. SEC. 107. REPORTS. From time to time during the National Dialogue, the Facilitators shall catalog, summarize, and submit to the Bipartisan Panel to Design Long-Range Social Security Reform the comments, suggestions, and recommendations generated under the National Dialogue. SEC. 108. TERMINATION. The National Dialogue conducted pursuant to section 101 shall terminate January 1, 1999. SEC. 109. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated, from amounts otherwise available in the general fund of the Treasury, such sums as are necessary to provide for the compensation of the Facilitators and to carry out the provisions of section 106. TITLE II--BIPARTISAN PANEL TO DESIGN LONG-RANGE SOCIAL SECURITY REFORM SEC. 201. ESTABLISHMENT OF PANEL. There is established a panel to be known as the Bipartisan Panel to Design Long-Range Social Security Reform (in this title referred to as the ``Panel''). SEC. 202. DUTIES OF PANEL. The Panel shall design a single set of legislative and administrative recommendations for long-range reforms for restoring the solvency of the Social Security system and maintaining retirement income security in the United States. SEC. 203. MEMBERSHIP OF THE PANEL. (a) Number and Appointment.--The Panel shall be composed of eight members, of whom-- (1) four shall be appointed jointly by the Speaker of the House of Representatives and the Majority Leader of the Senate; (2) two shall be appointed by the President; and (3) two shall be appointed jointly by the Minority Leader of the House of Representatives and the Minority Leader of the Senate. The members of the Panel shall consist of individuals who are of recognized standing and distinction, who can represent the multiple generations who have a stake in the viability of the system, and who possess a demonstrated capacity to discharge the duties imposed on the Panel. At least one of the members shall be appointed from individuals representing the interests of employees, and at least one of the members shall be appointed from individuals representing the interests of employers. (b) Co-Chairs.--The officials referred to in paragraphs (1) through (3) of subsection (a) shall designate two of the members of the Panel to serve as Co-Chairs of the Panel, who shall jointly chair the Panel, determine its duties, and supervise its staff. (c) Terms of Appointment.--The members of the Panel shall serve for the life of the Panel. (d) Vacancies.--A vacancy in the Panel shall not affect the power of the remaining members to execute the duties of the Panel, but any such vacancy shall be filled in the same manner in which the original appointment was made. SEC. 204. PROCEDURES. (a) Meetings.--The Panel shall meet at the call of its Co-Chairs or a majority of its members. (b) Quorum.--A quorum shall consist of five members of the Panel, except that a lesser number may conduct a hearing under subsection (c). (c) Hearings and Other Activities.--For the purpose of carrying out its duties, the Panel may hold such hearings and undertake such other activities as the Panel determines to be necessary to carry out its duties. Meetings held by the Panel shall be conducted in accordance with the Federal Advisory Committee Act. (d) Obtaining Information.--Upon request of the Panel, the Commissioner of Social Security and the head of any other agency or instrumentality of the Federal Government shall furnish information deemed necessary by the Panel to enable it to carry out its duties. SEC. 205. ADMINISTRATION. (a) Compensation.--Except as provided in subsection (b), members of the Panel shall receive no additional pay, allowances, or benefits by reason of their service on the Panel. (b) Travel Expenses and per Diem.--Each member of the Panel who is not a present Member of the Congress and who is not otherwise an officer or employee of the Federal Government shall receive travel expenses and per diem in lieu of subsistence in accordance with sections 5702 and 5703 of title 5, United States Code. (c) Staff and Support Services.-- (1) Staff director.-- (A) Appointment.--The Panel shall appoint a staff director of the Panel. (B) Compensation.--The staff director shall be paid at a rate not to exceed the rate established for level III of the Executive Schedule. (2) Staff.--The Panel shall appoint such additional personnel as the Panel determines to be necessary. (3) Applicability of civil service laws.--The staff director and other members of the staff of the Panel shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall 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. (4) Experts and consultants.--With the approval of the Panel, the staff director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (d) Contract Authority.--The Panel may contract with and compensate government and private agencies or persons for items and services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (e) Physical Facilities.--The Architect of the Capitol, in consultation with the appropriate entities in the legislative branch, shall locate and provide suitable office space for the operation of the Panel on a reimbursable basis. The facilities shall serve as the headquarters of the Panel and shall include all necessary equipment and incidentals required for the proper functioning of the Panel. (f) Detail of Federal Employees.--Upon the request of the Panel, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Panel to assist the Panel in carrying out its duties. (g) Use of Mails.--The Panel may use the United States mails in the same manner and under the same conditions as Federal agencies and shall, for purposes of the frank, be considered a commission of Congress as described in section 3215 of title 39, United States Code. (h) Administrative Support Services.--Upon the request of the Panel, the Architect of the Capitol shall provide to the Panel on a reimbursable basis such administrative support services as the Panel may request. (i) Printing.--For purposes of costs relating to printing and binding, including the cost of personnel detailed from the Government Printing Office, the Panel shall be deemed to be a committee of the Congress. SEC. 206. REPORT. (a) In General.--Not later than February 1, 1999, the Panel shall submit to the President, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate a report which shall contain a detailed statement of the findings and conclusions of the Panel, including the set of recommendations required under section 202. The report shall include only those recommendations of the Panel that receive the approval of at least six members of the Panel, including both Co-Chairs. (b) Sense of the Congress.--It is the sense of the Congress that, pending the report of the Panel under subsection (a), the Federal unified budget surplus should be dedicated to reducing the Federal debt held by the public, increasing the retirement income security of individuals and insuring the solvency of the Social Security system. SEC. 207. TERMINATION. The Panel shall terminate March 31, 1999. SEC. 208. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated from the Federal Old-Age and Survivors Insurance Trust Fund such sums as are necessary to carry out the purposes of this title, but not to exceed $2,000,000. Passed the House of Representatives April 29, 1998. Attest: ROBIN H. CARLE, Clerk.

TABLE OF CONTENTS: Title I: National Dialogue on Social Security Title II: Bipartisan Panel to Design Long-Range Social Security Reform National Dialogue on Social Security Act of 1998 - Title I: National Dialogue on Social Security - Directs the President, the Speaker of the House of Representatives, and the Majority Leader of the Senate to jointly convene a National Dialogue (ND) on the Old-Age, Survivors and Disability Insurance (OASDI) program under title II of the Social Security Act. Makes ND's stated purpose to engage the American public, through regional conferences and national Internet exchanges, in understanding OASDI, its problems, and the need for workable solutions and to generate public comments and recommendations for social security reform. Establishes a Dialogue Council to advise the two national Facilitators appointed to administer and coordinate ND in its development and operations, the final plans for such to be transmitted to the President and the Congress by the Facilitators. Requires ND to operate by means of private sponsorship. Authorizes each Member of Congress, to the extent practicable, to develop with grassroots organizations and other constituency groups within the Member's district ongoing systems of communication through the Internet to assure the widest possible degree of receipt of public opinion. Establishes an Internet Advisory Board to advise the Internet Dialogue Coordinator appointed by the Facilitators to assist Members in establishing such systems of communication with regard to the most appropriate and effective means of employing the Internet to generate constituency input. Requires the Coordinator to establish a national dialogue web site. Authorizes appropriations from the general fund of the Treasury. Title II: Bipartisan Panel to Design Long-Range Social Security Reform - Establishes the Bipartisan Panel to Design Long-Range Social Security Reform, which shall design, and report to the President and specified congressional committees, a single set of legislative and administrative recommendations for long-range reforms for restoring the solvency of the social security system and for maintaining retirement income security. Expresses the sense of the Congress that, pending the Panel's report, the Federal unified budget surplus should be dedicated to reducing the Federal debt held by the public, increasing the retirement income security of individuals, and insuring the solvency of the social security system. Authorizes appropriations from the Federal Old-Age and Survivors Insurance Trust Fund.

National Dialogue on Social Security Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability and Transparency in Ethics Act of 2010''. SEC. 2. LOBBYING BAN FOR MEMBERS AND EMPLOYEES OF CONGRESS AND EXECUTIVE BRANCH OFFICIALS. (a) In General.--Section 207 of title 18, United States Code, is amended-- (1) in subsection (c)-- (A) in the subsection heading, by striking ``One- Year'' and inserting ``Two-Year''; (B) in paragraph (1), by striking ``1 year'' and inserting ``2 years'' each place it appears; and (C) in paragraph (2)(B), by striking ``1-year period'' and inserting ``2-year period''; (2) in subsection (d)(2)(A), by striking ``1 year'' and inserting ``2 years''; (3) in subsection (e)-- (A) in paragraph (1)(B), by striking ``1 year'' and inserting ``2 years''; (B) in paragraph (2), by striking ``1 year'' and inserting ``2 years''; (C) in paragraph (3)(A), by striking ``1 year'' and inserting ``2 years''; (D) in paragraph (4), by striking ``1 year'' and inserting ``2 years''; (E) in paragraph (5)(A), by striking ``1 year'' and inserting ``2 years''; (F) in paragraph (6), by striking ``1 year'' and inserting ``2 years''; and (G) in paragraph (7), by striking ``1-year period'' each place it appears and inserting ``2-year period''; and (4) in subsection (f), by striking ``1 year'' and inserting ``2 years''. (b) Effective Date.--The amendments made by subsection (a) shall apply to any individual who leaves office or employment (to which the restrictions in section 207 of title 18, United States apply) more than 120 days after the date of the enactment of this Act. SEC. 3. PROHIBITING PAYMENT OF CAMPAIGN FUNDS TO IMMEDIATE FAMILY MEMBERS OF CANDIDATES. (a) Prohibition.--Section 313 of the Federal Election Campaign Act of 1971 (2 U.S.C. 439a) is amended by adding at the end the following new subsection: ``(d) Restrictions on Payments to Spouses and Immediate Family Members.-- ``(1) In general.--Notwithstanding any other provision of this Act, an authorized committee of a candidate and a leadership PAC of a candidate or individual holding Federal office may not make any payment to the spouse or any immediate family member of the candidate or individual (as the case may be) for services provided to the committee or leadership PAC. ``(2) Exception for nominal reimbursements.--Paragraph (1) does not apply to nominal amounts paid to reimburse a spouse or immediate family member for supplies and equipment used by the committee or leadership PAC involved, so long as the total amount paid by the committee or leadership PAC for all such reimbursements during a calendar year does not exceed $500. ``(3) Definitions.--In this subsection-- ``(A) the term `immediate family member' means the son, daughter, stepson, stepdaughter, son-in-law, daughter-in-law, mother, father, stepmother, stepfather, mother-in-law, father-in-law, brother, sister, stepbrother, or stepsister of the candidate or individual involved; and ``(B) the term `leadership PAC' has the meaning given such term in section 304(i)(8)(B)''. (b) Conforming Amendment.--Section 313(a)(1) of such Act (2 U.S.C. 439a(a)(1)) is amended by striking ``for otherwise'' and inserting ``subject to subsection (d), for otherwise''. (c) Effective Date.--The amendments made by this section shall apply with respect to payments made on or after the date of the enactment of this Act. SEC. 4. ETHICS TRAINING FOR LOBBYISTS. (a) Training Course.--During each Congress, the Committee on Standards of Official Conduct of the House of Representatives shall provide an 8-hour ethics training course to persons registered as lobbyists under the Lobbying Disclosure Act of 1995. (b) Contents of Course.--Training under subsection (a) shall cover information on the code of conduct and disclosure requirements applicable to Members, officers, and employees of the House of Representatives, including rules relating to acceptance of gifts (including travel and meals), and financial disclosure requirements under the Ethics in Government Act of 1978. (c) Penalties for Failure To Complete Training.--Any person who is registered or required to register as a lobbyist under the Lobbying Disclosure Act of 1995 and who fails to complete the training course under subsection (a) at least once during each Congress shall be subject to the penalties under section 7 of that Act to the same extent as a failure to comply with any provision of that Act. SEC. 5. SENSE OF THE CONGRESS REGARDING THE DUTIES AND RESPONSIBILITIES OF THE OFFICE OF CONGRESSIONAL ETHICS. It is the sense of the Congress that any changes to the duties and responsibilities of the Office of Congressional Ethics (OCE) should strengthen, not undermine, its powers to further improve accountability and transparency in Congress. SEC. 6. SUBPOENA POWER FOR THE OFFICE OF CONGRESSIONAL ETHICS. (a) Subpoena Power.--For the purpose of carrying out its duties, the board of the Office of Congressional Ethics (established by House Resolution 895 (110th Congress)) is authorized to require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents as it considers necessary. (b) Issuance of Subpoenas.--(1) A subpoena may be issued under this section only by the agreement of the chairman and cochairman of the board of the Office of Congressional Ethics or by the affirmative vote of 4 members of the board. (2) Subpoenas issued under this section may be issued under the chairman of the board of the Office of Congressional Ethics or any member designated by the majority of the board, and may be served by any person designated by the chairman or by a member designated by the majority of the board. (c) Administration of Oaths.--The chairman of the board of the Office of Congressional Ethics or a member designated by the chairman may administer oaths to witnesses.

Accountability and Transparency in Ethics Act of 2010 - Amends the federal criminal code to revise post-employment restrictions on former officers, employees, and elected officials of the executive and legislative branches. Increases from one to two years the ban on lobbying contacts by the following individuals with a Member, officer, or employee of the entity in which they served before his or her tenure terminated: (1) former senior and very senior personnel of the executive branch and independent agencies (except for special government employees who serve less that 60 days in the two-year period before termination); (2) former Members of the House of Representatives or elected officers; (3) former elected officers and employees of the Senate; (4) former personal staff of House Members; (5) former employees of House committees or congressional joint committees; (6) House leadership staff; and (7) employees of other legislative offices. Increases from one to two years the lobbying ban on former officers, employees, and elected officials of the executive and legislative branches for foreign entities. Amends the Federal Election Campaign Act of 1971 to prohibit payment of campaign funds, except reimbursements under $500, to immediate family members of candidates. Requires the Committee on Standards of Official Conduct to provide an ethics training course to registered lobbyists. Expresses the sense of Congress that any changes to the duties and responsibilities of the Office of Congressional Ethics (OCE) should strengthen, not undermine, its powers to further improve accountability and transparency in Congress. Grants subpoena power to the OCE board to carry out its duties.

To amend title 18, United States Code, to extend the post-employment restrictions on certain executive and legislative branch officers and employees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gift of Life Congressional Medal Act of 1994''. SEC. 2. CONGRESSIONAL MEDAL. The Secretary of the Treasury shall design and strike a bronze medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary of the Treasury, to commemorate organ and tissue donors and their families. SEC. 3. ELIGIBILITY REQUIREMENTS. (a) In General.--Any organ donor, tissue donor, or the family of any organ or tissue donor, shall be eligible for a medal described in section 2. (b) Documentation.--The Secretary of Health and Human Services shall-- (1) establish an application procedure requiring an individual, their family, or an organ or tissue procurement agency acting on behalf of an individual or their family, to submit to the Secretary documentation supporting the eligibility of that individual or their family for receipt of a medal described in section 2; and (2) determine, through the documentation provided, and, if necessary, independent investigation, whether the individual or family is eligible to receive a medal described in section 2. SEC. 4. PRESENTATION. (a) Delivery to the Secretary of Health and Human Services.--The Secretary of the Treasury shall deliver medals struck pursuant to this Act to the Secretary of Health and Human Services. (b) Delivery to Eligible Recipients.--The Secretary of Health and Human Services shall arrange for the presentation, through a qualified organ procurement organization, as described in section 371(b)(1) of the Public Health Service Act (42 U.S.C. 273(b)(1)), of medals struck pursuant to this Act to individuals or families that, in accordance with section 3, the Secretary has determined are eligible to receive medals under this Act. (c) Limitation.-- (1) In general.--Except as provided in paragraph (2), only 1 medal may be presented to a family under subsection (b). (2) Exception.--In the case of a family in which more than 1 member is an organ or tissue donor, the Secretary of Health and Human Services may present 1 medal to each such organ or tissue donor. SEC. 5. DUPLICATE MEDALS. (a) In General.--The Secretary of the Treasury may strike and sell duplicates of the medal described in section 2 to any recipient of a medal under section 4(b), under such regulations as the Secretary of the Treasury may issue. (b) Limitation.--The sale price of a duplicate medal shall be sufficient to cover the cost of such duplicates. SEC. 6. NATIONAL MEDALS. The medals struck pursuant to this Act are national medals for purposes of section 5111 of title 31, United States Code. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods or services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. SOLICITATION OF DONATIONS. (a) In General.--The Secretary of the Treasury may enter into an agreement with the Organ Procurement and Transplantation Network established under section 372 of the Public Health Service Act (42 U.S.C. 274) to solicit donated funds to offset expenditures relating to the issuance of medals authorized under this Act. (b) Payment of Funds.-- (1) In general.--Except as provided in paragraph (2), all funds received by the Organ Procurement and Transplantation Network under subsection (a) shall be promptly paid by the Organ Procurement and Transplantation Network to the Secretary of the Treasury. (2) Limitation.--Not more than 5 percent of any funds received under subsection (a) shall be used to pay administrative costs incurred by the Organ Procurement and Transplantation Network as a result of an agreement established under this section. (c) Numismatic Public Enterprise Fund.--Notwithstanding any other provision of law-- (1) all amounts received by the Secretary of the Treasury under subsection (b)(1) shall be deposited in the Numismatic Public Enterprise Fund, as described in section 5134 of title 31, United States Code; and (2) the Secretary of the Treasury shall charge such fund with all expenditures relating to the issuance of medals authorized under this Act. (d) No Net Cost to the Government.--The Secretary of the Treasury shall take all actions necessary to ensure that the issuance of medals authorized under section 2 results in no net cost to the Government. SEC. 9. ORGAN AND TISSUE DEFINED. For purposes of this Act-- (1) the term ``organ'' means the human kidney, liver, heart, lung, pancreas, and any other human organ (other than corneas and eyes) specified by regulation of the Secretary of Health and Human Services; and (2) the term ``tissue'' means human tissues, including corneas, eyes, bone marrow, tendons, veins, skin, and heart- valves.

Gift of Life Congressional Medal Act of 1994 - Directs the Secretary of the Treasury to design and strike a bronze medal to commemorate organ and tissue donors and their families. Makes eligible for the medal any organ or tissue donor or donor's family. Requires the Secretary of Health and Human Services to arrange for medal presentation to eligible individuals. Declares the medals to be national medals. Authorizes the Secretary of the Treasury to enter into agreements with the Organ Procurement and Transplantation Network to solicit donations to offset expenditures relating to medal issuance. Requires the Secretary of the Treasury to deposit all solicited donations into the Numismatic Public Enterprise Fund.

Gift of Life Congressional Medal Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Heritage Firearms Act of 2017''. SEC. 2. AMNESTY PERIOD FOR VETERANS TO REGISTER QUALIFYING FIREARMS. (a) Registration.--Subject to such regulations as the Attorney General may prescribe, the applicable veteran or a member of the family of such a veteran, who owns and possesses a qualifying firearm, may register the firearm in the National Firearms Registration and Transfer Record (described in section 5841 of the Internal Revenue Code of 1986) during the amnesty period. (b) Qualifying Firearm.-- (1) In general.--For purposes of this section, the term ``qualifying firearm'' means any firearm which was acquired-- (A) before October 31, 1968; and (B) by a veteran, while the veteran was a member of the Armed Forces and was stationed outside the continental United States. (2) Presumption of validity.--In the absence of clear and convincing evidence to the contrary, the Attorney General shall accept as true and accurate any affidavit, document, or other evidence submitted by an individual to establish that a firearm meets the requirements of paragraph (1). (c) Hearings.--If the Attorney General determines that an individual may not register a firearm under subsection (a) during the amnesty period, the Attorney General, on the request of such individual, shall-- (1) provide the individual any evidence on which the Attorney General's decision is based; and (2) promptly hold a hearing to review the determination. (d) Limited Immunity.-- (1) Criminal liability under title 18.--An individual who registers a firearm under subsection (a) of this section-- (A) shall be treated, for purposes of subsections (a)(3) and (o) of section 922 of title 18, United States Code, as having lawfully acquired and possessed the firearm before the date of the enactment of chapter 44 of such title and of each provision of that chapter; and (B) shall not be liable for any violation of that chapter which-- (i) is based solely on the ownership, possession, transportation, importation, or alteration of the firearm by the individual; and (ii) occurred before or concurrent with the registration. (2) Criminal liability under internal revenue code.--Except as provided in paragraph (3), an individual who registers a firearm under subsection (a) shall not be liable for a violation of chapter 53 or 75 of the Internal Revenue Code of 1986 with respect to the firearm which occurred before or concurrent with the registration. (3) Transfer tax liability.--Paragraph (2) shall not affect the liability of any individual for any transfer tax imposed under section 5811 of the Internal Revenue Code of 1986. (4) Attempts to register.--In the case of an applicable veteran or a member of such a veteran's family who attempts to register a qualifying firearm in the National Firearms Registration and Transfer Record at a time other than during the amnesty period, paragraphs (1), (2), and (3) shall apply with respect to the individual if the individual surrenders the firearm to a law enforcement agency not later than 30 days after notification by the Attorney General of potential criminal liability for continued possession of the firearm. (e) Forfeiture.--A firearm registered under subsection (a) shall not be subject to seizure or forfeiture under chapter 53 or 75 of the Internal Revenue Code of 1986 or chapter 44 of title 18, United States Code, for a violation of any such chapter with respect to the firearm which occurred before or concurrent with the registration. (f) Notice; Forms; Mailbox Rule.-- (1) Notice of amnesty period.--The Attorney General shall provide clear printed notices providing information regarding the amnesty period and registering a firearm during the period. To the extent feasible, the Attorney General shall ensure that the notices are posted in post offices, law enforcement buildings, and businesses of licensed firearms dealers. (2) VA outreach.--The Secretary of Veterans Affairs, in consultation with the Attorney General, shall carry out an outreach program and develop a communications strategy to provide to veterans information regarding the amnesty period and registering a firearm during the period, including by posting notices in facilities of the Department of Veterans Affairs and on the Internet website of the Department. (3) Forms.--The Attorney General shall make available any forms necessary for registering a firearm in the National Firearms Registration and Transfer Record. To the extent feasible, the Attorney General shall make such forms available in the locations referred to in paragraphs (1) and (2) and through the Internet website for the Bureau of Alcohol, Tobacco, Firearms, and Explosives. (4) Mailbox rule.--For purposes of this section, the Attorney General shall treat any form that is postmarked during the amnesty period as received during the amnesty period. (g) Definitions.--In this section: (1) Amnesty period.--The term ``amnesty period'' means the 180-day period beginning on the date that is 90 days after the date of the enactment of this Act. (2) Firearm.--The term ``firearm'' has the meaning given the term in section 5845 of the Internal Revenue Code of 1986, except that the term does not include-- (A) any device described in subsection (f)(1) of such section; or (B) any combination of parts-- (i) designed or intended for use in converting any device into a device described in subparagraph (A); or (ii) from which a device described in subparagraph (A) may be readily assembled. (3) Applicable veteran.--The term ``applicable veteran'' means, with respect to a firearm, the veteran referred to in subsection (b)(1) with respect to the firearm. (4) Veteran.--The term ``veteran'' has the meaning given such term in section 101(2) of title 38, United States Code. (5) Family.-- (A) In general.--The term ``family'' means, with respect to a veteran, any grandparent of the veteran or of any spouse of the veteran, any lineal descendant of any such grandparent, and any spouse of any such lineal descendant. (B) Special rules.--For purposes of subparagraph (A): (i) A spouse of an individual who is legally separated from the individual under a decree of divorce or separate maintenance shall be treated as the spouse of the individual. (ii) Individuals related by the half blood or by legal adoption shall be treated as if they are related by the whole blood. (6) Continental united states.--The term ``continental United States'' means the several States and the District of Columbia, but does not include Alaska or Hawaii. SEC. 3. TRANSFER OF FIREARMS TO MUSEUMS. (a) Transfer of Forfeited Firearms to Museums.-- (1) In general.--The Attorney General shall transfer each firearm which has been forfeited to the United States to the first qualified museum that submits a request for the firearm in such form and manner as the Attorney General may specify. (2) Destruction of forfeited firearms prohibited.--The Attorney General shall not destroy any firearm which has been forfeited to the United States until the end of the 5-year period beginning on the date of the forfeiture. (3) Catalogue of firearms.--With respect to each firearm that is available to be transferred to a museum under paragraph (1), the Attorney General shall, not later than 60 days after the forfeiture of the firearm, publish information which identifies the firearm (including a picture) on the web page of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The information shall be available to the public without cost and without restriction. (4) Registration of firearms.--Any firearm transferred under paragraph (1) to a qualified museum shall be registered to the transferee in the National Firearms Registration and Transfer Record (described in section 5841 of the Internal Revenue Code of 1986). (5) Firearm.--In this subsection, the term ``firearm'' means any firearm (as defined in section 2(g)(2) of this Act) which is treated as a curio or relic under chapter 44 of title 18, United States Code. (6) Qualified museum.--In this subsection, the term ``qualified museum'' means-- (A) any museum owned or operated by a unit of Federal, State, or local government; and (B) any museum which-- (i) is open to the public; (ii) is incorporated as a not-for-profit corporation under applicable State law; (iii) may possess a firearm in the collection of the museum under the laws of the State in which the collection is displayed; (iv) holds a license under chapter 44 of title 18, United States Code, as a collector of curios or relics; and (v) certifies to the Attorney General that-- (I) the museum is not engaged in the trade or business of buying or selling firearms; (II) with respect to the transfer of any firearm under paragraph (1), the museum is not requesting the transfer of the firearm for purpose of sale; and (III) the museum shall, not later than 90 days after the museum ceases operations, file an application pursuant to chapter 53 of the Internal Revenue Code of 1986 to transfer any machinegun transferred to the museum under paragraph (1) to an entity or person who may lawfully possess the machinegun under section 922(o) of title 18, United States Code, or abandon the machinegun to Federal, State, or local law enforcement authorities. (b) Transfer of Machineguns to Museums.--Section 922(o)(2) of title 18, United States Code, is amended-- (1) in subparagraph (A), by striking ``or'' at the end; (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following: ``(B) a transfer to or by, or possession by, a museum that is open to the public and incorporated as a not-for-profit corporation under applicable State law; or''.

Veterans' Heritage Firearms Act of 2017 This bill provides a 90-day amnesty period during which veterans and their family members can register in the National Firearms Registration and Transfer Record any firearm acquired before October 31, 1968, by a veteran while a member of the Armed Forces stationed outside the continental United States. The bill: (1) grants such an individual limited immunity under the federal criminal code and the Internal Revenue Code with respect to the acquisition, possession, transportation, or alteration of such firearm before or concurrent with such registration; and (2) extends such immunity to a veteran who attempts to register a qualifying firearm outside of the amnesty period if the veteran surrenders the firearm within 30 days after being notified of potential criminal liability for continued possession. The Department of Justice (DOJ) shall provide clear notice of, and the Department of Veterans Affairs shall carry out an outreach program and develop a communications strategy to provide veterans information regarding, the amnesty and registration period. DOJ shall: (1) transfer each firearm qualifying as a curio or relic that has been forfeited to the United States to the first qualified museum that requests it, and (2) publish information identifying each such firearm that is available to be transferred to a museum. The bill: (1) prohibits DOJ from destroying any such firearm that has been forfeited until five years after the forfeiture, and (2) requires that any firearm transferred to a qualified museum be registered to the transferee. The prohibition against transfer or possession of a machine-gun shall not apply to a transfer to or by, or to possession by, a museum that is open to the public and incorporated as a not-for-profit corporation under applicable state law.

Veterans’ Heritage Firearms Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers' Family Protection Act of 2005''. SEC. 2. ALLOWANCE TO COVER MONTHLY DEDUCTION FROM BASIC PAY FOR SERVICEMEMBERS' GROUP LIFE INSURANCE COVERAGE FOR MEMBERS SERVING IN IRAQ OR AFGHANISTAN. (a) Allowance to Cover SGLI Deductions.--Chapter 7 of title 37, United States Code, is amended by adding at the end the following new section: ``Sec. 437. Allowance to cover monthly deduction from basic pay for Servicemembers' Group Life Insurance coverage for members serving in Iraq or Afghanistan ``(a) Reimbursement for Premium Deduction.--In the case of a member of the armed forces who has obtained insurance coverage for the member under the Servicemembers' Group Life Insurance program and who serves in Iraq or Afghanistan at any time during a month, the Secretary concerned shall pay the member an allowance under this section in an amount equal to the lesser of the following: ``(1) The amount of the deduction actually made for that month from the basic pay of the member for the level of Servicemembers' Group Life Insurance coverage obtained by the member under section 1967 of title 38. ``(2) The amount of the deduction otherwise made under subsection (a)(1) of section 1969 of title 38 for members who select the $250,000 level of insurance coverage. ``(b) Notice of Availability of Allowance.--To the maximum extent practicable, in advance of the deployment of a member to Iraq or Afghanistan, the Secretary concerned shall give the member information regarding the following: ``(1) The availability of the allowance under this section for members insured under the Servicemembers' Group Life Insurance program. ``(2) The ability of members who elected not to be insured under Servicemembers' Group Life Insurance, or elected less than the authorized maximum coverage, to obtain additional coverage as provided in section 1967(c) of title 38.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 7 of title 37, United States Code, is amended by adding at the end the following new item: ``437. Allowance to cover monthly deduction from basic pay for Servicemembers' Group Life Insurance coverage for members serving in Iraq or Afghanistan.''. (c) Effective Date; Notification.--Section 437 of title 37, United States Code, as added by subsection (a), shall apply with respect to service by members of the Armed Forces in Iraq or Afghanistan for months beginning on or after the date of the enactment of this Act. In the case of members who are serving in Iraq or Afghanistan as of the date of the enactment of this Act, the Secretary of Defense shall notify such members, as soon as practicable, regarding-- (1) the availability of the allowance under such section for members insured under the Servicemembers' Group Life Insurance program; and (2) the ability of members who elected not to be insured under Servicemembers' Group Life Insurance, or elected less than the authorized maximum coverage, to obtain additional coverage as provided in section 1967(c) of title 38, United States Code. SEC. 3. DEPARTMENT OF DEFENSE PAYMENT TO MEMBERS WHO DIED WHILE SERVING IN IRAQ OR AFGHANISTAN WITHOUT FULL SERVICEMEMBERS' GROUP LIFE INSURANCE COVERAGE. (a) Payment Required.--The Secretary of Defense shall make a payment under this section on behalf of each member of the Armed Forces who-- (1) during the period beginning on September 11, 2001, and ending 60 days after the date on which the Secretary provides the notice required by section 2(c), died as a result of a wound, injury, or illness sustained while the member was serving in Iraq or Afghanistan, or traveling to or from a mission in Iraq or Afghanistan; and (2) at the time of the member's death, was not insured under Servicemembers' Group Life Insurance or had elected less than the $250,000 level of insurance coverage under the Servicemembers' Group Life Insurance program. (b) Amount of Payment.--The amount of the payment required by this section on behalf of a member described in subsection (a) shall be equal to the difference between-- (1) $250,000; and (2) the amount of insurance, if any, paid on behalf of the member under the Servicemembers' Group Life Insurance program. (c) Beneficiary.--The Secretary of Defense shall make the payment required by this section on behalf of a member to the same beneficiary determined under section 1970 of title 38, United States Code, for receipt of the insurance payment under the Servicemembers' Group Life Insurance program with regard to that member. If the member was not insured under Servicemembers' Group Life Insurance, the Secretary shall determine the recipient of the payment, using the order of precedence specified in subsection (a) of such section.

Servicemembers' Family Protection Act of 2005 - Directs the Secretary of the military department concerned, in the case of a member of the Armed Forces who has obtained Servicemembers' Group Life Insurance (SGLI) coverage and who serves in Iraq or Afghanistan at any time during a month, to pay to such member an allowance equal to the lesser of: (1) the amount of the pay deduction actually made for that month for SGLI coverage; or (2) the deduction made for members who select the $250,000 (highest) level of SGLI coverage. Requires the Secretary of Defense to pay, on behalf of any member who died after September 11, 2001, as a result of a wound, injury, or illness sustained while serving or traveling to or from a mission in Iraq or Afghanistan, and who was not insured under SGLI at the $250,000 level, the difference between $250,000 and the amount of any SGLI already paid.

To establish a new allowance for members of the Armed Forces serving in Iraq or Afghanistan to cover the premiums for Servicemembers' Group Life Insurance coverage obtained by the members.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Detaining Terrorists to Secure America Act of 2011'' SEC. 2. FINDINGS. Congress makes the following finding: (1) The United States and its international partners are in an armed conflict with violent Islamist extremist groups, including al Qaeda and associated terrorist organizations, that are committed to killing Americans and our allies. (2) In the last 2 years, terrorists have repeatedly attempted to kill Americans both here at home and abroad, including the following attacks, plots, or alleged plots and attacks: (A) A September 2009 plot by Najibullah Zazi--who received training from al Qaeda in Pakistan--to conduct a suicide bomb attack on the New York, New York, subway system. (B) A November 2009 attack by Nidal Malik Hasan at Fort Hood, Texas, that killed 13 people and wounded 32. (C) A Christmas Day 2009 attempt by Umar Farouk Abdulmutallab to detonate a bomb sewn into his underwear on an international flight to Detroit, Michigan. (D) A May 2010 attempt by Faisal Shahzad to bomb Times Square in New York, New York, on a crowded Saturday evening, an attack that was unsuccessful only because the car bomb failed to detonate. (E) An October 2010 attempt by terrorists in Yemen to send, via commercial cargo flights, 2 packages of explosives to Jewish centers in Chicago, Illinois. (F) A February 2011 plot by Khaled Aldawsari, a Saudi-born student, to manufacture explosives and potentially attack New York, New York, the Dallas, Texas, home of former President George W. Bush, as well as hydroelectric dams, nuclear power plants, and a nightclub. (3) Since the September 11, 2001, attacks on our Nation, the United States and allied forces have captured thousands of individuals fighting for or supporting al Qaeda and associated terrorist organizations that do not abide by the law of war, including detainees at United States Naval Station, Guantanamo Bay, Cuba, who served as planners of those attacks, trainers of terrorists, financiers of terrorists, bomb makers, bodyguards for Osama bin Laden, recruiters of terrorists, and facilitators of terrorism. (4) Many of the detainees at United States Naval Station, Guantanamo Bay provided valuable intelligence that gave the United States insight into al Qaeda and its methods, prevented terrorist attacks, and saved lives. (5) Intelligence obtained from detainees at United States Naval Station, Guantanamo Bay was critical to eventually identifying the location of Osama bin Laden. (6) In a February 17, 2011, hearing of the Committee on Armed Services of the Senate, the Secretary of Defense confirmed that approximately 25 percent of detainees released from the detention facility at United States Naval Station, Guantanamo Bay are confirmed to have reengaged in hostilities or are suspected of having reengaged in hostilities against the United States or our allies. (7) Al Qaeda in the Arabian Peninsula, an organization that includes former detainees at United States Naval Station, Guantanamo Bay among its leadership and ranks, has claimed responsibility for several of the recent plots and attacks against the United States. (8) Detention according to the law of war is a matter of national security and military necessity and has long been recognized as legitimate under international law. (9) Detaining unprivileged enemy belligerents prevents them from returning to the battlefield to attack United States and allied military personnel and engaging in future terrorist attacks against innocent civilians. (10) The Joint Task Force-Guantanamo provides for the humane, legal, and transparent care and custody of detainees at United States Naval Station, Guantanamo Bay, notwithstanding regular assaults on the guard force by some detainees. (11) The International Committee of the Red Cross visits detainees at United States Naval Station, Guantanamo Bay on a quarterly basis. (12) The detention facility at United States Naval Station, Guantanamo Bay benefits from robust oversight by Congress. SEC. 3. REAFFIRMATION OF AUTHORITY TO MAINTAIN UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA, AS A LOCATION FOR THE DETENTION OF UNPRIVILEGED ENEMY BELLIGERENTS HELD BY THE DEPARTMENT OF DEFENSE. (a) Reaffirmation of Authority as Location for Detention of Unprivileged Enemy Belligerents.--United States Naval Station, Guantanamo Bay, Cuba, is and shall be a location for the detention of individuals in the custody or under the control of the Department of Defense who have engaged in, or supported, hostilities against the United States or its coalition partners on behalf of al Qaeda, the Taliban, or an affiliated group to which the Authorization for Use of Military Force (Public Law 107-40) applies. (b) Maintenance as an Operational Facility for Detention.--The Secretary of Defense shall take appropriate actions to maintain United States Naval Station, Guantanamo Bay, Cuba, as an open and operating facility for the detention of current and future individuals as described in subsection (a). (c) Permanent Extension of Certain Limitations Relating to Detainees and Detention Facilities.-- (1) Limitation on transfer of detainees to foreign entities.--Section 1033(a)(1) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111- 383; 124 Stat. 4351) is amended by striking ``during the one- year period'' and all that follows through ``by this Act'' and inserting ``the Secretary of Defense may not use any amounts authorized to be appropriated''. (2) Prohibition on construction of detention facilities in united states.--Section 1034(a) of such Act (124 Stat. 4353) is amended by striking ``None of the funds authorized to be appropriated by this Act'' and inserting ``No funds authorized to be appropriated or otherwise made available to the Department of Defense, or to or for any other department or agency of the United States Government,''. (d) Supersedure of Executive Order.--Sections 3, 4(c)(2), 4(c)(3), 4(c)(5), and 7 of Executive Order No. 13492, dated January 22, 2009, shall have no further force or effect.

Detaining Terrorists to Secure America Act of 2011 - Reaffirms that the U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo), is and shall be a location for the detention of individuals in the custody or control of the Department of Defense (DOD) who have engaged in or supported hostilities against the United States or its coalition partners on behalf of al Qaeda, the Taliban, or an affiliated group to which the Authorization for Use of Military Force (P.L. 107-40) applies. Directs the Secretary of Defense to maintain Guantanamo as an open and operating facility for the current and future detention of such individuals. Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 to make permanent (under current law, terminates on January 7, 2012) a prohibition on the use of any federal funds (under current law, only DOD funds) to transfer any individual detained at Guantanamo to the individual's country of origin or any other foreign country or entity unless the Secretary makes a specified certification to Congress relating to such transfer. Prohibits any federal funds (under current law, only DOD funds) from being used to construct or modify any facility in the United States or its territories or possessions to house any individual in the custody or control of DOD or under detention at Guantanamo for the purpose of detention or imprisonment.

A bill to reaffirm the authority of the Department of Defense to maintain United States Naval Station, Guantanamo Bay, Cuba, as a location for the detention of unprivileged enemy belligerents held by the Department of Defense, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chesapeake Bay Restoration Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) Between the years 1990 and 2000, the population of the Chesapeake Bay watershed increased 8 percent while impervious surface cover increased 41 percent. (2) Suburban and urban stormwater runoff is the only major source of pollution in the Chesapeake Bay watershed that is increasing, as pollution from point sources and agriculture is decreasing. (3) States, local governments, developers, and nonprofit organizations have developed numerous development techniques since the late 1990s, which use infiltration, plants, and stormwater harvesting techniques to retain stormwater and associated sedimentation and nutrient pollutants. (4) A study by the Environmental Protection Agency of low impact development projects in the United States found that low impact development stormwater management techniques are almost always less expensive than traditional stormwater management techniques. (5) Local governments throughout the Chesapeake Bay watershed are proactively implementing retention techniques and strict new requirements to reduce stormwater runoff. (6) The National Academy of Sciences recommends strong new regulations with respect to stormwater runoff and the provision of funding for local stormwater regulation efforts and finds that retention measures that infiltrate, evapotranspire and harvest stormwater are more effective than traditional stormwater management infrastructure at protecting and restoring stable hydrology. (7) Data from multiple jurisdictions with respect to the health of fish and other organisms living in Chesapeake Bay tributaries suggest a strong negative correlation between impervious surface cover and stream health. (8) According to the Environmental Protection Agency's Chesapeake Bay Program Office, an average of 100 acres of forest are lost from the Chesapeake Bay watershed every day and forest cover within the watershed has declined from 95 percent to 58 percent. (9) Forests capture up to 85 percent of airborne nitrogen pollution and infiltrate or evapotranspirate between 90 percent and 95 percent of annual rainfall, preventing pollution associated with stormwater runoff. SEC. 3. REDUCTION OF POLLUTION RESULTING FROM IMPERVIOUS SURFACES. Section 117 of the Federal Water Pollution Control Act (33 U.S.C. 1267) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following: ``(j) Reduction of Pollution Resulting From Impervious Surfaces.-- ``(1) Permits.-- ``(A) In general.--Not later than January 1, 2009, each unit of local government within the Chesapeake Bay watershed that discharges stormwater through a storm sewer system, regardless of storm sewer system ownership and, without regard to the size of the population shall obtain and comply with a permit under section 402(p). ``(B) Requirements.--A permit under section 402(p) for a unit of local government within the Chesapeake Bay watershed shall include requirements to ensure that a project to develop land within the jurisdiction of such unit of local government, which affects land that is more than one acre in size and that is less than 5 percent covered by impervious surfaces prior to the project, is carried out in a manner that not less than the volume of the 95th percentile precipitation event shall infiltrate, evapotranspirate from, or be harvested and used on such site after the project is completed. ``(C) Definition of 95th percentile precipitation event.--The 95th percentile precipitation event is the event whose precipitation total is greater than or equal to 95 percent of all 24-hour storm events on an annual basis. ``(2) Grant program.-- ``(A) In general.--The Administrator is authorized to make grants to a unit of local government with a permit described under paragraph (1). ``(B) Uses.--A grant under subparagraph (A) may be used by a unit of local government for the following: ``(i) Costs associated with complying with such permit. ``(ii) Costs associated with implementing a project that is designed, constructed, and maintained to meet the relevant performance standard of part (1)(B). ``(C) Matching requirement.--A grant for costs associated with implementing a low impact development project may not be in an amount that exceeds 75 percent of such costs. ``(3) On-site retention guidance.--Not later than June 1, 2010, the Administrator shall issue guidance with respect to the implementation of practices that retain stormwater on-site through infiltration, evapotranspiration, or harvesting, to assist entities affected by the permit described under paragraph (1) to meet the requirements of such permit. ``(4) Forest cover.--Not later than January 1, 2012, the Administrator shall coordinate with the heads of other Federal departments and agencies to develop plans to maximize forest cover on land owned by the Federal Government in the Chesapeake Bay watershed through the preservation of existing forest cover and the development of reforestation plans with respect to land that has been disturbed or developed in the past. ``(5) Unit of local government defined.--In this subsection, the term `unit of local government' means any county, city, or other general purpose political subdivision, including regional authorities of a State with jurisdiction over land use. ``(6) Authorization of appropriations.--In addition to amounts authorized to be appropriated or otherwise made available to carry out this section, there is authorized to be appropriated to the Administrator $1,500,000,000 to carry out this subsection, to remain available until expended.''.

Chesapeake Bay Restoration Act of 2009 - Amends the Federal Water Pollution Control Act to require, by January 1, 2009, that each local governmental unit within the Chesapeake Bay watershed that discharges stormwater through a storm sewer system obtain and comply with a permit for municipal or industrial stormwater discharges under such Act. Requires such permit to include requirements to ensure that a project to develop land within that unit's jurisdiction, which affects land more than one acre in size and less than 5% covered by impervious surfaces prior to the project, is carried out in a manner that not less than the volume of the 95th percentile precipitation event (the event whose precipitation total is greater than or equal to 95% of all 24-hour storm events on an annual basis) shall infiltrate, evapotranspirate from, or be harvested and used on such site after the project is completed. Authorizes the Administrator of the Environmental Protection Agency (EPA) to make grants to a local governmental unit with such a permit, which may be used for costs associated with: (1) complying with such permit; and (2) implementing a project designed, constructed, and maintained to meet the relevant performance standard. Prohibits a grant for costs associated with implementing a low impact development project from exceeding 75% of such costs. Requires the Administrator, by: (1) June 1, 2010, to issue guidance regarding the implementation of practices that retain stormwater on-site through infiltration, evapotranspiration, or harvesting, to assist entities affected by the permit to meet its requirements; and (2) January 1, 2012, to coordinate with heads of other federal agencies to develop plans to maximize forest cover on government-owned land in the watershed through the preservation of existing forest cover and the development of reforestation plans for land that has previously been disturbed or developed.

To amend the Federal Water Pollution Control Act to reduce pollution resulting from impervious surfaces within the Chesapeake Bay watershed, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arizona Land Exchange Facilitation Act of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) when the State of Arizona entered the Union, the State was granted more than 9,000,000 acres of State trust land to be held in permanent trust to be managed on behalf of the beneficiaries of the trust, primarily Arizona's schoolchildren; (2) the State is entitled to select additional land of a value that is approximately equal to the value of 15,234 acres of in lieu base land from vacant, unappropriated, and unreserved Federal land to fulfill the entitlement arising from the Act of June 20, 1910 (36 Stat. 557, chapter 310), and the consent judgment known as the ``San Carlos Consent Judgment'' entered in State of Arizona v. Rogers C.B. Morton, Court Document 74-696-PHX-WPC (D. Ariz. (1978)); (3) while the State has recognized that certain State trust land is of unique and significant value and ought to be conserved as open space to benefit future generations, while ensuring that there is a higher benefit to public schools and other trust beneficiaries, there is no mechanism currently available to the State to conserve such unique State trust land; and (4) an exchange of certain Federal and State land in Arizona will provide for improved land management by the Federal and State governments by exchanging certain State trust land that is of significant ecological value for permanent protection for certain Federal land that is suitable for the revenue generation mission of the State and other purposes identified by the State on behalf of its beneficiaries. (b) Purposes.--The purposes of this Act are to improve manageability of Federal public land and State trust land in the State, to promote the conservation of unique natural areas, and to fulfill obligations to the beneficiaries of State trust land by providing for a land conveyance and a land exchange between the Federal and State governments under which-- (1) the Secretary of the Interior shall identify a pool of parcels of land that are vacant, unappropriated, unreserved, and suitable for disposal, so that the State may select Federal land that the Secretary shall convey to the State to fulfill the State's entitlement under the State's enabling act; and (2) the Secretary shall acquire certain State trust land in the State by eminent domain, with the consent of the State, in exchange for certain Federal land. SEC. 3. DEFINITIONS. In this Act: (1) In lieu base land.--The term ``in lieu base land'' means land granted to the State under section 25 of the Act of June 20, 1910 (36 Stat. 573). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means the State of Arizona. (4) State trust land.--The term ``State trust land'' means all right, title, and interest of the State on the date of enactment of this Act in and to-- (A) land (including the mineral estate) granted by the United States under sections 24 and 25 of the Act of June 20, 1910 (36 Stat. 572, 573, chapter 310); and (B) land (including the mineral estate) owned by the State on the date of enactment of this Act that, under State law, is required to be managed for the benefit of the public school system or the institutions of the State designated under that Act. SEC. 4. FULFILLMENT OF ENTITLEMENT UNDER THE ENABLING ACT. (a) In General.--Not later than 60 days after the date of enactment of this Act, the Secretary shall identify land under the jurisdiction of the Secretary that-- (1) is vacant, unappropriated, and unreserved; and (2) is suitable for disposal under land management plans in effect on the date of enactment of this Act. (b) Selection.--Not later than 120 days after the date of enactment of this Act, the State shall select land, identified by the Secretary under subsection (a), of approximately equal value (determined in accordance with section 6) to the 15,234 acres of in lieu base land identified as base land depicted on the map entitled ``Arizona State Trust Base Lands Not Compensated by the Federal Government'' and dated ________. (c) Conveyance.--On final agreement between the Secretary and the State under section 7(a), the Secretary shall convey to the State the land selected by the State under subsection (b). SEC. 5. LAND EXCHANGE. (a) Conveyance by the Secretary of Federal Land.-- (1) In general.--In exchange for the State trust land acquired by the Secretary under subsection (b), the Secretary shall convey to the State Federal land described in paragraph (2) that is of a value that is approximately equal to the value of the acquired State trust land, as determined under section 6. (2) Federal land.--The Federal land referred to in paragraph (1) is land under the jurisdiction of the Secretary and in the State that the Secretary determines is available for exchange under this Act. (b) Acquisition by the Secretary of State Trust Land.-- (1) In general.--The Secretary shall-- (A) on final agreement between the Secretary and the State under section 7(a), acquire by eminent domain the State designated trust land described in paragraph (2); and (B) manage the land in accordance with paragraph (3). (2) State trust land.--The State trust land referred to in paragraph (1) is land under the jurisdiction of the State that the State determines is available for exchange under this Act. (3) Management of land acquired by the secretary.-- (A) In general.--On acceptance of title by the United States, any land or interest in land acquired by the United States under this section that is located within the boundaries of a unit of the National Park System, the National Wildlife Refuge System, or any other system established by Act of Congress-- (i) shall become a part of the unit; and (ii) shall be subject to all laws (including regulations) applicable to the unit. (B) All other land.--Any land or interest in land acquired by the United States under this section (other than land or an interest in land described in subparagraph (A))-- (i) shall be administered by the Bureau of Land Management in accordance with laws (including regulations) applicable to the management of public land under the administration of the Bureau of Land Management; or (ii) where appropriate to protect land of unique ecological value, may be made subject to special management considerations, including a conservation easement, to-- (I) protect the land or interest in land from development; and (II) preserve open space. (4) Withdrawal.--Subject to valid existing rights, all land acquired by the Secretary under this subsection is withdrawn from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, and patent under the mining laws, and from operation of the mineral leasing and geothermal leasing laws. SEC. 6. DETERMINATION OF VALUE. (a) In General.--All exchanges authorized under this Act shall be for approximately equal value. (b) Appraisal Process.--The Secretary and the State shall jointly determine an independent appraisal process, which shall reflect nationally recognized appraisal standards, including, to the extent appropriate, the Uniform Appraisal Standards for Federal Land Acquisitions, to estimate values for the categories and groupings of land to be conveyed under section 4 and exchanged under section 5. (c) Dispute Resolution.--In the case of a dispute concerning an appraisal or appraisal issue that arises in the appraisal process, the appraisal or appraisal issue shall be resolved in accordance with section 206(d)(2) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)(2)). (d) Adjustment To Achieve Equal Value.--After the values of the parcels of land are determined, the Secretary and the State may-- (1) add or remove parcels to achieve a package of equally valued Federal land and State trust land; and (2) make public a list of the parcels included in the package. (e) Effect of Determination.--A determination of the value of a parcel of land under this section shall serve to establish the value of the parcel or interest in land in any eminent domain proceeding. (f) Costs.--The costs of carrying out this section shall be shared equally by the Secretary and the State. SEC. 7. CONVEYANCES OF TITLE. (a) Agreement.--The Secretary and the State shall enter into an agreement that specifies the terms under which land and interests in land shall be conveyed under sections 4 and 5, consistent with this section. (b) Conveyances by the United States.--All conveyances by the United States to the State under this Act shall be subject to valid existing rights and other interests held by third parties. (c) Conveyances by the State.--All conveyances by the State to the United States under this Act shall be subject only to such valid existing surface and mineral leases, grazing permits and leases, easements, rights-of-way, and other interests held by third parties as are determined to be acceptable under the title regulations of the Attorney General of the United States. (d) Timing.--The conveyance of all land and interests in land to be conveyed under this Act shall be made not later than 60 days after final agreement is reached between the Secretary and the State under subsection (a). (e) Form of Conveyance.--A conveyance of land or an interest in land by the State to the United States under this section shall be in such form as is determined to be acceptable under the title regulations of the Attorney General of the United States. SEC. 8. GENERAL PROVISIONS. (a) Hazardous Waste.-- (1) In general.--Notwithstanding the conveyance to the United States of land or an interest in land, the State shall continue to be responsible for all environmental remediation, waste management, and environmental compliance activities arising from ownership and control of the land or interest in land under applicable Federal and State laws with respect to conditions existing on the land on the date of conveyance. (2) Continuing responsibility.--Notwithstanding the conveyance to the State of land or an interest in land, the United States shall continue to be responsible for all environmental remediation, waste management, and environmental compliance activities arising from ownership and control of the land or interest in land under applicable Federal and State laws with respect to conditions existing on the land on the date of conveyance. (b) Costs.--The United States and the State shall each bear its own respective costs incurred in the implementation of this Act, except for the costs incurred under section 6. (c) Maps and Legal Descriptions.--The State and the Secretary shall each provide to the other the legal descriptions and maps of the parcels of land and interests in land under their respective jurisdictions that are to be exchanged under this Act. SEC. 9. LAS CIENEGAS STUDY. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the State, shall-- (1) conduct a study of land values of all State trust land within the exterior boundaries of the proposed conservation area under the Las Cienegas National Conservation Area Establishment Act of 1999, H.R. 2941, 106th Congress, in Pima County and Santa Cruz County, Arizona; and (2) submit to Congress a recommendation on whether any such land should be acquired by the Federal Government. (b) Contents.--The study shall include an examination of possible forms of compensation for the State trust land within the proposed Las Cienegas National Conservation Area, including-- (1) cash payments; (2) Federal administrative sites under the management of the Administrator of General Services; (3) water rights; and (4) relief from debt payment for the Central Arizona Water Conservation District. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. SEC. 11. EXPIRATION OF AUTHORITY. The authority of the Secretary to make the land conveyance under section 4 and the land exchange under section 5 expires on the date that is 2 years after the date of enactment of this Act.

Requires lands exchanged to be of equal value and sets forth provisions regarding the appraisal process and appraisal dispute resolution. Subjects conveyances by the United States to the State under this Act to valid existing rights and other interests held by third parties. Subjects conveyances of the State to the United States only to valid existing surface and mineral leases, grazing permits, leases, easements, rights-of-way, and other interests held by third parties determined acceptable under the Attorney General's title regulations. Continues State or U.S. responsibility, as applicable, for all environmental remediation, waste management, and environmental compliance activities arising from ownership and control of land under Federal and State laws with respect to conditions existing on the land on the date of conveyance. Requires the Secretary of the Interior to: (1) study land values of all State trust land within the exterior boundaries of the proposed conservation area under the Las Cienegas National Conservation Area Establishment Act of 1999 in Pima and Santa Cruz counties, Arizona; and (2) submit a recommendation to Congress on whether any such land should be acquired by the Federal Government. Authorizes appropriations. Terminates the land conveyance and exchange authorities under this Act two years after this Act's enactment date.

Arizona Land Exchange Facilitation Act of 2000

SECTION 1. FINDINGS. The Congress finds the following: (1) Every year, an estimated 12,000,000 children under the age of 5 years die, mostly of easily preventable causes, and about 160,000,000 children are severely or moderately malnourished throughout the world. (2) Despite significant progress made in child survival efforts, 32,000 children continue to die every day, largely from preventable causes. (3) Of the 12,000,000 children under 5 who die each year from preventable causes, 6,000,000 die directly or indirectly from malnutrition. (4) The under-5 mortality rate (171 per 1,000 live births) in the least developed countries is nearly 25 times that of the industrialized nations. (5) Diarrheal dehydration remains one of the world's most widespread child killers, claiming over 2,000,000 children under the age of 5 each year in developing countries, and for just 7 cents per dose per child, oral rehydration therapy and continued feeding (ORT), a simple, cost-effective treatment given at home, could prevent as many as 90 percent of all child deaths from diarrheal diseases. (6) Although 80 percent of children are now being vaccinated against the 6 major killer diseases (measles, tetanus, whooping cough, tuberculosis, polio, and diphtheria), 2,000,000 children are still dying from these diseases each year. Only $30,000,000 ($15 per child) would provide vaccines, syringes, needles, cold chain equipment, and health workers' training and salaries needed to immunize 2,000,000 children against these 6 major childhood diseases. (7) Malaria kills more than 1,000,000 children under the age of 5 each year, or 1 child every 30 seconds, but for less than $15,000,000, all of these children could be provided bed nets to help protect them from this deadly disease. (8) An estimated 2,900,000,000 people lack access to adequate sanitation, up from 2,600,000,000 in 1990, and without a stronger commitment to sanitation, it will be difficult to reduce the incidence of diarrhea, a leading child killer, and other diseases that flourish in unsanitary conditions. For only $5.50, 1 plastic latrine pan and outlet pipe could provide safe sanitation for 1 family, and for $150, a handpump, pipe, and accessories for equipping a shallow well could benefit up to 250 people. (9) 2,200,000 children under the age of 5 die each year in developing countries of acute respiratory infections (ARI). Appropriate treatment of ARI, including early diagnosis and the proper use of antibiotics, could avert 30 to 60 percent of ARI- related child deaths. (10) About 100,000,000 children under the age of 5 suffer from vitamin A deficiency, which impairs children's ability to resist illnesses and contributes to nearly 25 percent of under- 5 deaths in developing countries, but 6 cents can buy 3 vitamin A capsules to protect a child against blindness and other health risks from vitamin A deficiency for 1 year, or $6,000,000 could protect 100,000,000 children annually against such blindness and other health risks. (11) Because a major global immunization campaign is nearing the goal of eradicating polio, a 10-year effort to eradicate polio through childhood vaccination and surveillance would cost only $100,000,000 per year. (12) Up to 1,500,000 children annually could be saved by increased breast-feeding because breast-fed infants are up to 25 times less likely to die of diarrheal disease, and 4 times less likely to die of acute respiratory infections. (13) Nevertheless, estimates that each year more than 540,000 infants are infected by Mother To Child Transmission (MTCT) of the HIV virus in Africa alone indicate the urgent need for safe and practical alternatives to breast-feeding by nursing mothers who are HIV-positive to help prevent the transmission of the virus to their babies. SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR CHILD SURVIVAL PROGRAMS. (a) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated for fiscal year 2000 $345,000,000 for infant and child health programs under chapters 1 and 10 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 and 2293 et seq.) that have a direct, measurable, and high impact on reducing the incidence of illness and death among children. (2) Additional requirement.--Of the amount appropriated pursuant to the authorization of appropriations under paragraph (1), not less than 25 percent of such amount shall be allocated for programs of United States-based, citizen-supported, private voluntary organizations that implement community-based programs. (b) Limitation on Population Planning Assistance.--Notwithstanding any other provision of law, not more than $285,000,000 of the amounts appropriated in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000, to carry out any of the provisions of law described in such title may obligated or expended for population planning activities or other population assistance, including all programs and activities designed to control fertility or to reduce or delay childbirths or pregnancies.

Authorizes appropriations for FY 2000 for infant and child health programs under the Foreign Assistance Act of 1961 that have a direct, measurable, and high impact on reducing the incidence of illness and death among children. Earmarks 25 percent of such funds for programs of U.S.-based, citizen-supported, private voluntary organizations that implement community-based programs. Limits certain funds under the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000 for population planning activities or other population assistance, including all programs and activities designed to control fertility or to reduce or delay childbirths or pregnancies.

To authorize appropriations for fiscal year 2000 for infant and child health programs under chapters 1 and 10 of part I of the Foreign Assistance Act of 1961, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grid Cyber Security Act''. SEC. 2. CRITICAL ELECTRIC INFRASTRUCTURE. Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding at the end the following: ``SEC. 224. CRITICAL ELECTRIC INFRASTRUCTURE. ``(a) Definitions.--In this section: ``(1) Critical electric infrastructure.--The term `critical electric infrastructure' means systems and assets, whether physical or virtual, used for the generation, transmission, or distribution of electric energy affecting interstate commerce that, as determined by the Commission or the Secretary (as appropriate), are so vital to the United States that the incapacity or destruction of the systems and assets would have a debilitating impact on national security, national economic security, or national public health or safety. ``(2) Critical electric infrastructure information.--The term `critical electric infrastructure information' means critical infrastructure information relating to critical electric infrastructure. ``(3) Critical infrastructure information.--The term `critical infrastructure information' has the meaning given the term in section 212 of the Critical Infrastructure Information Act of 2002 (6 U.S.C. 131). ``(4) Cyber security threat.--The term `cyber security threat' means the imminent danger of an act that disrupts, attempts to disrupt, or poses a significant risk of disrupting the operation of programmable electronic devices or communications networks (including hardware, software, and data) essential to the reliable operation of critical electric infrastructure. ``(5) Cyber security vulnerability.--The term `cyber security vulnerability' means a weakness or flaw in the design or operation of any programmable electronic device or communication network that exposes critical electric infrastructure to a cyber security threat. ``(6) Electric reliability organization.--The term `Electric Reliability Organization' has the meaning given the term in section 215(a). ``(7) Secretary.--The term `Secretary' means the Secretary of Energy. ``(b) Authority of Commission.-- ``(1) Initial determination.--Not later than 120 days after the date of enactment of this section, the Commission shall determine whether reliability standards established pursuant to section 215 are adequate to protect critical electric infrastructure from cyber security vulnerabilities. ``(2) Initial order.--Unless the Commission determines that the reliability standards established pursuant to section 215 are adequate to protect critical electric infrastructure from cyber security vulnerabilities within 120 days after the date of enactment of this section, the Commission shall order the Electric Reliability Organization to submit to the Commission, not later than 180 days after the date of issuance of the order, a proposed reliability standard or a modification to a reliability standard that will provide adequate protection of critical electric infrastructure from cyber security vulnerabilities. ``(3) Subsequent determinations and orders.--If at any time following the issuance of the initial order under paragraph (2) the Commission determines that the reliability standards established pursuant to section 215 are inadequate to protect critical electric infrastructure from a cyber security vulnerability, the Commission shall order the Electric Reliability Organization to submit to the Commission, not later than 180 days after the date of the determination, a proposed reliability standard or a modification to a reliability standard that will provide adequate protection of critical electric infrastructure from the cyber security vulnerability. ``(4) Reliability standards.--Any proposed reliability standard or modification to a reliability standard submitted pursuant to paragraph (2) or (3) shall be developed and approved in accordance with section 215(d). ``(5) Additional time.--The Commission may, by order, grant the Electric Reliability Organization reasonable additional time to submit a proposed reliability standard or a modification to a reliability standard under paragraph (2) or (3). ``(c) Emergency Authority of Secretary.-- ``(1) In general.--If the Secretary determines that immediate action is necessary to protect critical electric infrastructure from a cyber security threat, the Secretary may require, by order, with or without notice, persons subject to the jurisdiction of the Commission under this section to take such actions as the Secretary determines will best avert or mitigate the cyber security threat. ``(2) Coordination with canada and mexico.--In exercising the authority granted under this subsection, the Secretary is encouraged to consult and coordinate with the appropriate officials in Canada and Mexico responsible for the protection of cyber security of the interconnected North American electricity grid. ``(3) Consultation.--Before exercising the authority granted under this subsection, to the extent practicable, taking into account the nature of the threat and urgency of need for action, the Secretary shall consult with the entities described in subsection (e)(1) and with officials at other Federal agencies, as appropriate, regarding implementation of actions that will effectively address the identified cyber security threat. ``(4) Cost recovery.--The Commission shall establish a mechanism that permits public utilities to recover prudently incurred costs required to implement immediate actions ordered by the Secretary under this subsection. ``(d) Duration of Expedited or Emergency Rules or Orders.--Any order issued by the Secretary under subsection (c) shall remain effective for not more than 90 days unless, during the 90 day-period, the Secretary-- ``(1) gives interested persons an opportunity to submit written data, views, or arguments; and ``(2) affirms, amends, or repeals the rule or order. ``(e) Jurisdiction.-- ``(1) In general.--Notwithstanding section 201, this section shall apply to any entity that owns, controls, or operates critical electric infrastructure. ``(2) Covered entities.-- ``(A) In general.--An entity described in paragraph (1) shall be subject to the jurisdiction of the Commission for purposes of-- ``(i) carrying out this section; and ``(ii) applying the enforcement authorities of this Act with respect to this section. ``(B) Jurisdiction.--This subsection shall not make an electric utility or any other entity subject to the jurisdiction of the Commission for any other purpose. ``(3) Alaska and hawaii excluded.--Except as provided in subsection (f), nothing in this section shall apply in the State of Alaska or Hawaii. ``(f) Defense Facilities.--Not later than 1 year after the date of enactment of this section, the Secretary of Defense shall prepare, in consultation with the Secretary, the States of Alaska and Hawaii, the Territory of Guam, and the electric utilities that serve national defense facilities in those States and Territory, a comprehensive plan that identifies the emergency measures or actions that will be taken to protect the reliability of the electric power supply of the national defense facilities located in those States and Territory in the event of an imminent cybersecurity threat. ``(g) Protection of Critical Electric Infrastructure Information.-- ``(1) In general.--Section 214 of the Critical Infrastructure Information Act of 2002 (6 U.S.C. 133) shall apply to critical electric infrastructure information submitted to the Commission or the Secretary under this section, or developed by a Federal power marketing administration or the Tennessee Valley Authority under this section or section 215, to the same extent as that section applies to critical infrastructure information voluntarily submitted to the Department of Homeland Security under that Act (6 U.S.C. 131 et seq.). ``(2) Rules prohibiting disclosure.--Notwithstanding section 552 of title 5, United States Code, the Secretary and the Commission shall prescribe regulations prohibiting disclosure of information obtained or developed in ensuring cyber security under this section if the Secretary or Commission, as appropriate, decides disclosing the information would be detrimental to the security of critical electric infrastructure. ``(3) Procedures for sharing information.-- ``(A) In general.--The Secretary and the Commission shall establish procedures on the release of critical infrastructure information to entities subject to this section, to the extent necessary to enable the entities to implement rules or orders of the Commission or the Secretary. ``(B) Requirements.--The procedures shall-- ``(i) limit the redissemination of information described in subparagraph (A) to ensure that the information is not used for an unauthorized purpose; ``(ii) ensure the security and confidentiality of the information; ``(iii) protect the constitutional and statutory rights of any individuals who are subjects of the information; and ``(iv) provide data integrity through the timely removal and destruction of obsolete or erroneous names and information. ``(h) Access to Classified Information.-- ``(1) Authorization required.--No person shall be provided with access to classified information (as defined in section 6.1 of Executive Order 13526 (50 U.S.C. 435 note; relating to classified national security information)) relating to cyber security threats or cyber security vulnerabilities under this section without the appropriate security clearances. ``(2) Security clearances.--The appropriate Federal agencies or departments shall cooperate with the Secretary or the Commission, to the maximum extent practicable consistent with applicable procedures and requirements, in expeditiously providing appropriate security clearances to individuals that have a need-to-know (as defined in section 6.1 of that Executive Order) classified information to carry out this section.''. SEC. 3. LIMITED ADDITION OF ERO AUTHORITY FOR CRITICAL ELECTRIC INFRASTRUCTURE. Section 215(a)(1) of the Federal Power Act (16 U.S.C. 824o(a)(1)) is amended-- (1) in the first sentence-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (B) by striking ``(1) The term'' and inserting the following: ``(1) Bulk-power system.-- ``(A) In general.--The term''; (C) in clause (i) (as so redesignated), by striking ``and'' after the semicolon at the end; (D) in clause (ii) (as so redesignated), by striking the period at the end and inserting ``; and''; (E) by adding at the end the following: ``(iii) for purposes of section 224, facilities used for the local distribution of electric energy that the Commission determines to be critical electric infrastructure pursuant to section 224.''; and (2) in the second sentence, by striking ``The term'' and inserting the following: ``(B) Exclusion.--Except as provided in subparagraph (A), the term''. SEC. 4. LIMITATION. Section 215(i) of the Federal Power Act (16 U.S.C. 824o(i)) is amended by adding at the end the following: ``(6) Limitation.--The ERO shall have authority to develop and enforce compliance with reliability standards and temporary emergency orders with respect to a facility used in the local distribution of electric energy only to the extent the Commission determines the facility is so vital to the United States that the incapacity or destruction of the facility would have a debilitating impact on national security, national economic security, or national public health or safety.''. SEC. 5. TEMPORARY EMERGENCY ORDERS FOR CYBER SECURITY VULNERABILITIES. Section 215(d) of the Federal Power Act (16 U.S.C. 824o(d)) is amended by adding at the end the following: ``(7) Temporary emergency orders for cyber security vulnerabilities.--Notwithstanding paragraphs (1) through (6), if the Commission determines that immediate action is necessary to protect critical electric infrastructure for a cyber security vulnerability, the Commission may, without prior notice or hearing, after consulting the ERO, require the ERO-- ``(A) to develop and issue a temporary emergency order to address the cyber security vulnerability; ``(B) to make the temporary emergency order immediately effective; and ``(C) to keep the temporary emergency order in effect until-- ``(i) the ERO develops, and the Commission approves, a final reliability standard under this section; or ``(ii) the Commission authorizes the ERO to withdraw the temporary emergency order.''. SEC. 6. EMP STUDY. (a) DOE Report.--Not later than 3 years after the date of enactment of this Act, the Secretary of Energy, in consultation with appropriate experts at the National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)), shall prepare and publish a report that assesses the susceptibility of critical electric infrastructure to electromagnetic pulse events and geomagnetic disturbances. (b) Contents.--The report under subsection (a) shall-- (1) examine the risk of electromagnetic pulse events and geomagnetic disturbances, using both computer-based simulations and experimental testing; (2) assess the full spectrum of possible events and disturbances and the likelihood that the events and disturbances would cause significant disruption to the transmission and distribution of electric power; and (3) seek to quantify and reduce uncertainties associated with estimates for electromagnetic pulse events and geomagnetic disturbances. (c) FERC Assessment.--Not later than 1 year after publication of the report under subsection (a), the Federal Energy Regulatory Commission, in coordination with the Secretary of Energy and in consultation with electric utilities and the ERO (as defined in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)), shall submit to Congress an assessment of whether and to what extent infrastructure affecting the transmission of electric power in interstate commerce should be hardened against electromagnetic events and geomagnetic disturbances, including an estimate of the costs and benefits of options to harden the infrastructure. SEC. 7. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Grid Cyber Security Act - (Sec. 2) Amends the Federal Power Act to direct the Federal Energy Regulatory Commission (FERC) to: (1) determine whether certain reliability standards are adequate to protect critical electric infrastructure from cyber security vulnerabilities, and (2) order the Electric Reliability Organization (ERO) to submit a proposed reliability standard or a modification to a reliability standard that will provide adequate protection of critical electric infrastructure from cyber security vulnerabilities if FERC determines that such reliability standards are inadequate to do so. Authorizes the Secretary of Energy to: (1) require persons subject to FERC jurisdiction to take immediate action that will best avert or mitigate the cyber security threat if necessary to protect critical electric infrastructure, and (2) coordinate with Canadian and Mexican officials responsible for the protection of cyber security of the interconnected North American electricity grid. Limits the duration of expedited or emergency rules or orders to 90 days, unless the Secretary: (1) gives interested persons an opportunity to submit written data, views, or arguments; and (2) affirms, amends, or repeals the rule or order. Directs FERC to establish a mechanism for public utilities to recover costs prudently incurred to implement such immediate actions. Applies this Act to any entity that owns, controls, or operates critical electric infrastructure, except Alaska and Hawaii. Directs the Secretary of Defense (DOD) to prepare a comprehensive plan that identifies the emergency measures or actions to protect the reliability of the electric power supply of the national defense facilities located in Alaska, Hawaii, and Guam. Applies specified disclosure restrictions to critical electric infrastructure information submitted to FERC or DOE, or developed by a federal power marketing administration or the Tennessee Valley Authority, under this Act to the same extent as they apply to critical infrastructure information voluntarily submitted to the Department of Homeland Security (DHS). Requires FERC and DOE to establish information sharing procedures on the release of critical infrastructure information to entities subject to this Act. Prohibits access to classified information relating to cyber security threats or vulnerabilities without the appropriate security clearances. (Sec. 3) Includes in the bulk-power system any facilities used for the local distribution of electric energy that FERC determines to be critical electric infrastructure. (Sec. 4) Grants the ERO limited enforcement authority over a facility used in the local distribution of electric energy if FERC determines that its incapacity or destruction would have a debilitating impact upon national security, national economic security, or national public health or safety. (Sec. 5) Authorizes FERC, if immediate action is necessary to protect critical electric infrastructure for a cyber security vulnerability, to require the ERO to develop, issue, and make effective immediately temporary emergency orders addressing the vulnerabilities. (Sec. 6) Directs the Secretary of Energy to assess: (1) the susceptibility of critical electric infrastructure to electromagnetic pulse events and geomagnetic disturbances, and (2) whether and to what extent infrastructure affecting the transmission of electric power in interstate commerce should be hardened against such events and disturbances.

An original bill to amend the Federal Power Act to protect the bulk-power system and electric infrastructure critical to the defense of the United States against cybersecurity and other threats and vulnerabilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bankruptcy Amendments of 1997''. SEC. 2. DEFINITIONS. Section 101 of title 11, United States Code, is amended-- (1) by striking ``In this title--'' and inserting ``In this title:'', (2) in each paragraph by inserting ``The term'' after the paragraph designation, (3) in paragraph (35)(B) by striking ``paragraphs (21B) and (33)(A)'' and inserting ``paragraphs (23) and (35)'', (4) in paragraphs (35A) and (38) by striking ``; and'' at the end and inserting a period, (5) in paragraph (51B)-- (A) by inserting ``who is not a family farmer'' after ``debtor'' the first place it appears, and (B) by striking ``$4,000,000'' and inserting ``$15,000,000 as of the date of the filing of the petition'', (6) by amending paragraph (54) to read as follows: ``(54) The term `transfer' means-- ``(A) creation of a lien; ``(B) retention of title as a security interest; ``(C) foreclosure of the debtor's equity of redemption; or ``(D) every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or with an interest in property;'', (7) in paragraphs (1) through (35), in paragraphs (36) and (37), and in paragraphs (40) through (55), including paragraph (54) as added by this section, by striking the semicolon at the end and inserting a period, and (8) by redesignating paragraphs (4) through (55), including paragraph (54) as added by this section, in entirely numerical sequence. SEC. 3. ADJUSTMENT OF DOLLAR AMOUNTS. Section 104 of title 11, United States Code, is amended by inserting ``522(f)(3),'' after ``522(d),'' each place it appears. SEC. 4. EXTENSION OF TIME. Section 108(c)(2) of title 11, United States Code, is amended by striking ``922'' and all that follows through ``or'', and inserting ``922, 1201, or''. SEC. 5. PENALTY FOR PERSONS WHO NEGLIGENTLY OR FRAUDULENTLY PREPARE BANKRUPTCY PETITIONS. Section 110(j)(3) of title 11, United States Code, is amended by striking ``attorney's'' and inserting ``attorneys' ''. SEC. 6. LIMITATION ON COMPENSATION OF PROFESSIONAL PERSONS. Section 328(a) of title 11, United States Code, is amended by inserting ``on a fixed or percentage fee basis,'' after ``hourly basis,''. SEC. 7. COMPENSATION TO OFFICERS. Section 330(a) of title 11, United States Code, is amended-- (1) in paragraph (1) by inserting ``, or the debtor's attorney'' after ``1103'', and (2) in paragraph (3) by striking ``(3)(A) In'' and inserting ``(3) In''. SEC. 8. SPECIAL TAX PROVISIONS. Section 346(g)(1)(C) of title 11, United States Code, is amended by striking ``, except'' and all that follows through ``1986''. SEC. 9. EFFECT OF CONVERSION. Section 348(f)(2) of title 11, United States Code, is amended by inserting ``of the estate'' after ``property'' the first place it appears. SEC. 10. AUTOMATIC STAY. Section 362(b) of title 11, United States Code, is amended-- (1) in paragraph (17) by striking ``or'' at the end, (2) in paragraph (18) by striking the period at the end and inserting ``; or'', and (3) by adding at the end the following: ``(19) under subsection (a) of this section, of any transfer that is not avoidable under section 544 and not avoidable under section 549.''. SEC. 11. DEFAULTS BASED ON NONMONETARY OBLIGATIONS. (a) Executory Contracts and Unexpired Leases.--Section 365 of title 11, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (1)(A) by striking the semicolon at the end and inserting the following: ``other than a default that is a breach of a provision relating to-- ``(i) the satisfaction of any provision (other than a penalty rate or penalty provision) relating to a default arising from any failure to perform nonmonetary obligations under an unexpired lease of real property, if it is impossible for the trustee to cure such default by performing nonmonetary acts at and after the time of assumption; or ``(ii) the satisfaction of any provision (other than a penalty rate or penalty provision) relating to a default arising from any failure to perform nonmonetary obligations under an executory contract, if it is impossible for the trustee to cure such default by performing nonmonetary acts at and after the time of assumption and if the court determines, based on the equities of the case, that this subparagraph should not apply with respect to such default;'', and (B) by amending paragraph (2)(D) to read as follows: ``(D) the satisfaction of any penalty rate or penalty provision relating to a default arising from a failure to perform nonmonetary obligations under an executory contract or under an unexpired lease of real or personal property.'', (2) in subsection (c)-- (A) in paragraph (2) by adding ``or'' at the end, (B) in paragraph (3) by striking ``; or'' at the end and inserting a period, and (C) by striking paragraph (4), (3) in subsection (d)-- (A) by striking paragraphs (5) through (9), and (B) by redesignating paragraph (10) as paragraph(5). (4) in subsection (f)(1) by striking ``; except that'' and all that follows through the end of the paragraph and inserting a period. (b) Impairment of Claims or Interests.--Section 1124(2) of title 11, United States Code, is amended-- (1) in subparagraph (A) by inserting ``or of a kind that section 365(b)(1)(A) of this title expressly does not require to be cured'' before the semicolon at the end, (2) in subparagraph (C) by striking ``and'' at the end, (3) by redesignating subparagraph (D) as subparagraph (E), and (4) by inserting after subparagraph (C) the following: ``(D) if such claim or such interest arises from any failure to perform a nonmonetary obligation, compensates the holder of such claim or such interest (other than the debtor or an insider) for any actual pecuniary loss incurred by such holder as a result of such failure; and''. SEC. 12. AMENDMENT TO TABLE OF SECTIONS. The table of sections for chapter 5 of title 11, United States Code, is amended by striking the item relating to section 556 and inserting the following: ``556. Contractual right to liquidate a commodities contract or forward contract.''. SEC. 13. ALLOWANCE OF ADMINISTRATIVE EXPENSES. Section 503(b)(4) of title 11, United States Code, is amended by inserting ``subparagraph (A), (B), (C), (D), or (E) of'' before ``paragraph (3)''. SEC. 14. PRIORITIES. Section 507(a) of title 11, United States Code, is amended-- (1) in paragraph (3)(B) by striking the semicolon at the end and inserting a period, and (2) in paragraph (7) by inserting ``unsecured'' after ``allowed''. SEC. 15. EXEMPTIONS. Section 522 of title 11, United States Code, is amended-- (1) in subsection (f)(1)(A)(ii)(II)-- (A) by striking ``includes a liability designated as'' and inserting ``is for a liability that is designated as, and is actually in the nature of,'', and (B) by striking ``, unless'' and all that follows through ``support.'', and (2) in subsection (g)(2) by striking ``subsection (f)(2)'' and inserting ``subsection (f)(1)(B)''. SEC. 16. EXCEPTIONS TO DISCHARGE. Section 523 of title 11, United States Code, is amended-- (1) in subsection (a)(3) by striking ``or (6)'' each place it appears and inserting ``(6), or (15)'', (2) as amended by section 304(e) of Public Law 103-394 (108 Stat. 4133), in paragraph (15) by transferring such paragraph so as to insert it after paragraph (14) of subsection (a), (3) in paragraph (9) by inserting ``, watercraft, or aircraft'' after ``motor vehicle'', (4) in subsection (a)(15), as so redesignated by operation of paragraph (2), by inserting ``to a spouse, former spouse, or child of the debtor and'' after ``(15)'', (5) in subsection (a)(17)-- (A) by striking ``by a court'' and inserting ``on a prisoner by any court'', (B) by striking ``section 1915 (b) or (f)'' and inserting ``subsection (b) or (f)(2) of section 1915'', and (C) by inserting ``(or a similar non-Federal law)'' after ``title 28'' each place it appears, and (6) in subsection (e) by striking ``a insured'' and inserting ``an insured''. SEC. 17. EFFECT OF DISCHARGE. Section 524(a)(3) of title 11, United States Code, is amended by striking ``section 523'' and all that follows through ``or that'', and inserting ``section 523, 1228(a)(1), or 1328(a)(1) of this title, or that''. SEC. 18. PROTECTION AGAINST DISCRIMINATORY TREATMENT. Section 525(c) of title 11, United States Code, is amended-- (1) in paragraph (1) by inserting ``student'' before ``grant'' the second place it appears, and (2) in paragraph (2) by striking ``the program operated under part B, D, or E of'' and inserting ``any program operated under''. SEC. 19. PROPERTY OF THE ESTATE. Section 541(b)(4)(B)(ii) of title 11, United States Code is amended by inserting ``365 or'' before ``542''. SEC. 20. LIMITATIONS ON AVOIDING POWERS. Section 546 of title 11, United States Code, is amended by redesignating the second subsection (g) as subsection (h). SEC. 21. PREFERENCES. Section 547 of title 11, United States Code, is amended-- (1) in subsection (b) by striking ``subsection (c)'' and inserting ``subsections (c) and (h)'', and (2) by adding at the end the following: ``(h) If the trustee avoids under subsection (b) a security interest given between 90 days and 1 year before the date of the filing of the petition, by the debtor to an entity that is not an insider for the benefit of a creditor that is an insider, then such security interest shall be considered to be avoided under this section only with respect to the creditor that is an insider.''. SEC. 22. POSTPETITION TRANSACTIONS. Section 549(c) of title 11, United States Code, is amended-- (1) by inserting ``an interest in'' after ``transfer of'', (2) by striking ``such property'' and inserting ``such real property'', and (3) by striking ``the interest'' and inserting ``such interest''. SEC. 23. SETOFF. Section 553(b)(1) of title 11, United States Code, is amended by striking ``362(b)(14)'' and inserting ``362(b)(17)''. SEC. 24. DISPOSITION OF PROPERTY OF THE ESTATE. Section 726(b) of title 11, United States Code, is amended by striking ``1009,''. SEC. 25. GENERAL PROVISIONS. Section 901(a) of title 11, United States Code, is amended by inserting ``1123(d),'' after ``1123(b),''. SEC. 26. APPOINTMENT OF ELECTED TRUSTEE. Section 1104(b) of title 11, United States Code, is amended-- (1) by inserting ``(1)'' after ``(b)'', and (2) by adding at the end the following new paragraph: ``(2)(A) If an eligible, disinterested trustee is elected at a meeting of creditors under paragraph (1), the United States trustee shall file a report certifying that election. Upon the filing of a report under the preceding sentence-- ``(i) the trustee elected under paragraph (1) shall be considered to have been selected and appointed for purposes of this section, and ``(ii) the service of any trustee appointed under subsection (d) shall terminate. ``(B) In the case of any dispute arising out of an election under subparagraph (A), the court shall resolve the dispute.''. SEC. 27. ABANDONMENT OF RAILROAD LINE. Section 1170(e)(1) of title 11, United States Code, is amended by striking ``section 11347'' and inserting ``section 11326(a)''. SEC. 28. CONTENTS OF PLAN. Section 1172(c)(1) of title 11, United States Code, is amended by striking ``section 11347'' and inserting ``section 11326(a)''. SEC. 29. DISCHARGE. Subsections (a) and (c) of section 1228 of title 11, United States Code, are amended by striking ``1222(b)(10)'' each place it appears and inserting ``1222(b)(9)''. SEC. 30. CONTENTS OF PLAN. Section 1322 of title 11, United States Code, is amended-- (1) in subsection (b) by striking ``(c)'' and inserting ``(d)'', and (2) in subsection (e) by striking ``default, shall'' and inserting ``default shall''. SEC. 31. DISCHARGE. Paragraphs (1), (2), and (3) of section 1328(a) of title 11, United States Code, are amended to read as follows: ``(1) provided for under section 1322(b)(5) of this title; ``(2) of the kind specified in paragraph (5), (8), or (9) of section 523(a) of this title; or ``(3) for restitution, or a criminal fine, included in a sentence on the debtor's conviction of a crime.''. SEC. 32. BANKRUPTCY CASES AND PROCEEDINGS. Section 1334(d) of title 28, United States Code, is amended-- (1) by striking ``made under this subsection'' and inserting ``made under subsection (c)'', and (2) by striking ``This subsection'' and inserting ``Subsection (c) and this subsection''. SEC. 33. KNOWING DISREGARD OF BANKRUPTCY LAW OR RULE. Section 156(a) of title 18, United States Code, is amended-- (1) in the first undesignated paragraph-- (A) by inserting ``(1) the term'' before ```bankruptcy'', and (B) by striking the period at the end and inserting ``; and'', and (2) in the second undesignated paragraph-- (A) by inserting ``(2) the term'' before `` `document'', and (B) by striking ``this title'' and inserting ``title 11''. SEC. 34. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application of Amendments.--The amendments made by this Act shall apply only with respect to cases commenced under title 11 of the United States Code on or after the date of the enactment of this Act. Passed the House of Representatives November 12, 1997. Attest: ROBIN H. CARLE, Clerk.

Bankruptcy Amendments of 1997 - Makes technical corrections to Federal bankruptcy, criminal, and judiciary law. Redefines single asset real estate to exclude family farms, and to increase from $4 million to $15 million the ceiling on the amount of noncontingent, liquidated secured debts on such property. Defines the term "transfer" to include: (1) creation of a lien; (2) retention of title as a security interest; (3) foreclosure of the debtor's equity of redemption; and (4) every mode of disposing of property or parting with an interest in property. (Sec. 3) Requires triennial adjustment of the $5,000 value of certain implements, professional books, tools of the trade, farm animals, and crops which a debtor may exempt from the property of the estate (protecting it from creditors' liens). (Sec. 6) Provides that a trustee or a creditors' and equity security holders' committee may pay a professional person they employ on a fixed or percentage fee basis, as well as on other bases already permitted. (Sec. 7) Allows a bankruptcy court to award reasonable compensation out of the debtor's estate to the debtor's attorney in chapter 7 (Liquidation) cases. (Sec. 10) Precludes an automatic stay of any transfer that is not avoidable in: (1) cases where the trustee serves as lien creditor and successor to certain creditors and purchasers; and (2) postpetition transactions. (Sec. 11) Modifies guidelines governing assumption by the bankruptcy trustee of certain executory contracts and unexpired leases with specified defaults. Permits a trustee to assume an unexpired lease of real property without first curing a default arising from any failure to perform nonmonetary obligations under the lease if it is impossible to cure the default by performing nonmonetary acts at and after the time of assumption. Permits a trustee to assume an executory contract without first curing a default arising from such a failure: (1) if it is impossible to cure the default by performing nonmonetary acts at and after the time of assumption; and (2) if the court determines, based on the equities of the case, that the default should not be cured at and after such time. Repeals: (1) the prohibition against trustee assumption or assignment of unexpired leases of aircraft facilities unless all such leases are assumed or assigned; and (2) the deemed rejection of such a lease if the trustee does not assume or reject it. Revises guidelines governing impairment of claims and interests in a Chapter 11 (Reorganization) case to: (1) reflect the modifications made to executory contracts that are not required to be cured by the bankruptcy trustee; and (2) state that a claim or interest arising from any failure to perform a nonmonetary obligation is not impaired under a Reorganization plan if the plan compensates the claim or interest holder for actual pecuniary loss resulting from such failure. (Sec. 13) Excludes from compensable professional services any expenses incurred by an individual member of a creditors' and equity security holders' committee. (Sec. 15) Revises the prohibition against debtor avoidance of certain judicial liens in connection with a liability designated as, and actually in the nature of, alimony, maintenance, or support. (Sec. 16) Declares nondischargeable in bankruptcy a debt for death or personal injury caused by the debtor's operation of a watercraft or aircraft while intoxicated from alcohol, a drug, or other substance. Limits the nondischargeability of fees imposed by a court to fees so imposed on a prisoner. (Sec. 21) Revises guidelines governing preferences to provide that, if the trustee avoids a security interest given between 90 days and one year before the date of the filing of the petition, by the debtor to a non-insider for the benefit of a creditor that is an insider, then such security interest shall be considered to be avoided only with respect to the insider creditor. (Sec. 23) Revises setoff recovery rules to exclude from recovery by a trustee setoffs by swap participants. (Sec. 26) Requires the U.S. trustee in a chapter 11 (Reorganization) case to file a report certifying the election of an eligible, disinterested trustee at a meeting of creditors. Declares that upon such filing: (1) the trustee elected shall be considered to have been selected and appointed; and (2) the service of any trustee previously appointed to fill the term of specified ineligible or incapacitated trustees shall terminate.

Bankruptcy Amendments of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Cities Program Authorization Act''. SEC. 2. FINDINGS. Congress finds the following: (1) More than two-thirds of all petroleum used in the United States for transportation is imported petroleum. (2) In 1993, to make the United States economically secure, to lessen petroleum dependence, and to reduce tailpipe and greenhouse gas emissions, the Department of Energy established the Clean Cities program. (3) The program, a partnership between public and private entities, is now the Department of Energy's flagship transportation deployment and petroleum fuel reduction program. (4) The program is based on the concept that Federal support can empower local citizens and organizations to become the leaders of a national movement for change. (5) The program established a national network of nearly 90 coalitions comprised of local partnerships located in communities representing three-quarters of the population of the United States, with nearly 5,700 stakeholders from local businesses, State and local governments, the transportation industry, community organizations, and alternative fuel providers. (6) In the past 10 years, the program has provided $43,000,000 in competitive grant funds, which were leveraged into $214,000,000 in matching funds from other organizations, and the coalitions stretched these dollars even further by obtaining an additional $845,000,000 in funding since 1993. (7) Marking more than 15 years of progress, the Clean Cities program coalitions have reduced petroleum use by more than 2,000,000,000 gallons, placed 500,000 alternative fuel vehicles on the road, established alternative fuel infrastructure in thousands of strategic locations, and moved alternative fuel and advanced technology vehicles into the mainstream. (8) The program is ideally positioned to lead the United States toward a clean, secure, and environmentally friendly transportation future. SEC. 3. CLEAN CITIES PROGRAM. (a) Authorization.--The Secretary of Energy shall carry out the Clean Cities program to encourage and accelerate the use of non- petroleum based fuels, alternative fuel vehicles, and other advanced vehicle technologies and practices that achieve significant reduction in the overall use of petroleum in the transportation sector. Such program shall be a partnership between government and industry. (b) Program Requirements.--The program under subsection (a) shall-- (1) promote the establishment of vehicle and infrastructure projects that incorporate petroleum reduction technologies, and include educational efforts to inform the public and government officials on the benefits and advantages of using alternative fuels and advanced technology vehicles technologies; (2) provide training, technical assistance, and tools to end-users that adopt petroleum reduction technologies; (3) collaborate with and train fire officials, emergency first responders, and safety code officials; (4) undertake coordinating efforts between Federal, local, and State agencies and the alternative fuel and advanced technology vehicle industry; (5) facilitate the development of necessary refueling and service support infrastructure for petroleum reduction technologies; and (6) develop Internet-based tools and resources for the education and training of consumers and Clean Cities program stakeholders. (c) Assistance Awards.--Under the program, the Secretary may provide direct financial assistance grants to local and State government agencies, nonprofit organizations, and alternative fuel and advanced technology vehicle stakeholders who are working with Clean Cities coalitions. These grants shall support the deployment and use of alternative fuels and petroleum reduction technologies in on-road vehicles. (d) Coalition Formation.--In carrying out the Clean Cities program the Secretary shall encourage and support the voluntary formation of local Clean Cities' organizations around the country. These local organizations shall be made up of State and local government officials and also include vehicle owners and operators, fuel and service providers, automobile dealers, community service organizations, and other private and public stakeholders interested in pursuing aggressive petroleum reduction goals in the transportation sector. (e) Definitions.--In this Act: (1) Alternative fuels.--The term ``alternative fuels'' has the meaning given such term in section 301(2) of the Energy Policy Act of 1992 (42 U.S.C. 13211(2)). (2) Alterative fueled vehicles.--The term ``alternative fueled vehicles'' has the meaning given such term in section 301(3) of the Energy Policy Act of 1992 (42 U.S.C. 13211(3)). (3) Program.--The term ``program'' means the Clean Cities program. (f) Authorization of Appropriations.--For the purpose of carrying out this Act, there are authorized to be appropriated $125,000,000 for the 5-fiscal-year period beginning in fiscal year 2010.

Clean Cities Program Authorization Act - Directs the Secretary of Energy (DOE) to carry out a Clean Cities program, as a partnership between government and industry, to encourage and accelerate the use of non-petroleum based fuels, alternative fuel vehicles, and other advanced vehicle technologies and practices that achieve significant reduction in the overall use of petroleum in the transportation sector. Requires the program to: (1) promote the establishment of vehicle and infrastructure projects that incorporate petroleum reduction technologies, including educational efforts on the benefits and advantages of using alternative fuels and advanced technology vehicles; (2) provide training, technical assistance, and tools to end-users that adopt petroleum reduction technologies; (3) collaborate with and train fire officials, emergency first responders, and safety code officials; (4) undertake coordinating efforts between federal, local, and state agencies and the alternative fuel and advanced technology vehicle industry; (5) facilitate the development of necessary refueling and service support infrastructure for petroleum reduction technologies; and (6) develop Internet-based tools and resources for the education and training of consumers and program stakeholders. Authorizes the Secretary to provide grants to local and state government agencies, nonprofit organizations, and alternative fuel and advanced technology vehicle stakeholders who are working with Clean Cities coalitions to support the deployment and use of alternative fuels and petroleum reduction technologies in on-road vehicles. Directs the Secretary to encourage and support the voluntary formation of local Clean Cities organizations around the country.

To direct the Secretary of Energy to carry out the Clean Cities program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``New Automobile Voucher Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) 1 out of every 10 jobs in the United States, or about 13,000,000, is related to automobiles. (2) The automotive sector represents the largest manufacturing base in the United States and each automobile assembly plant generates about 5 jobs among suppliers and the surrounding community. (3) Automobile parts manufacturers account for 4,500,000 private industry jobs, including nearly 2,000,000 indirect jobs in industries ranging from steel and plastics to technical services. (4) Automobile dealerships employ 1,100,000 workers and account for 18 percent of all retail sales in the United States. (5) In 2005, 16,900,000 new automobiles were sold in the United States, but in 2008, only 13,200,000 new automobiles were sold. (6) This loss of 3,700,000 new automobile sales, at an average price of $28,400, directly removed $105,000,000,000 from the economy. (7) Economic multiplier effects of between 3 and 7 percent mean that this decline of new automobile sales translates into a $315,000,000,000 to $735,000,000,000 loss to the economy of the United States. (8) Only 1,345,885 vehicles were sold in the United States during January and February of 2009, representing a 39 percent decrease from January and February of 2008. (9) The best way to help the United States automobile industry and manufacturing base recover is to set a goal of selling 15,000,000 new automobiles in 2009 in order to restart the United States economy. SEC. 3. NEW AUTOMOBILE VOUCHER PROGRAM. (a) Establishment.--There is established in the Department of the Treasury a program to be known as the ``New Automobile Voucher Program'', through which the Secretary shall-- (1) authorize the issuance of a voucher, subject to the specifications described in subsection (b), to a dealer for each person or eligible fleet operator who purchases an eligible new automobile from such dealer, which voucher shall be applied towards such purchase; (2) allow any dealer to participate in the Program if the dealer agrees to-- (A) apply a voucher towards the purchase of an eligible new automobile as partial payment for each eligible person or eligible fleet operator at the time of purchase; and (B) comply with all applicable requirements under this Act and regulations promulgated by the Secretary to carry out this Act; (3) establish a Web-based electronic system to process the vouchers at the point of sale; (4) certify that the Program is operational; and (5) make payments to dealers for vouchers applied by such dealers under paragraph (2) in accordance with the provisions of this section. (b) Program Specifications.-- (1) Vouchers per person.--Not more than 1 voucher may be issued for any person, unless such person is an eligible fleet operator. (2) Vouchers per eligible new automobile.--Not more than 1 voucher may be applied to each eligible new automobile. (3) Offset.--A dealer-- (A) shall credit the amount of the voucher being applied toward the purchase of an eligible new automobile; and (B) may not offset the amount of the voucher against any other rebate or discount otherwise being offered by the dealer or manufacturer. (4) Combination with other incentives permitted.-- Notwithstanding any other provision of law, the availability or use of a Federal or State tax incentive or a State-issued voucher for the purchase of an eligible new automobile shall not limit the value or issuance of a voucher under the Program for any eligible person or eligible fleet operator. (5) Voucher.-- (A) Paperless voucher.--Any voucher issued under this section shall be issued electronically through a Web-based electronic system. (B) Value of voucher during the initial period.--A voucher issued under the Program during the initial period may be applied to offset the purchase price of an eligible new automobile by $5,000. (C) Value of voucher during the secondary period.-- A voucher issued under the Program during the secondary period may be applied to offset the purchase price of an eligible new automobile by $2,500. (6) Prompt fulfillment of redemption requests required.-- The Secretary shall provide for the payment of all vouchers submitted to the Secretary for redemption in accordance with the provisions of this Act not later than 10 days after such submission, or within such lesser period as the Secretary determines to be practicable. (c) Rulemaking.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to implement the Program, including the enforcement of the penalties described in section 4. (d) Disclaimer.--Nothing in this Act or any other provision of law limits the authority of Congress or the Secretary to terminate or limit the Program or the issuance of vouchers under the Program. SEC. 4. PENALTIES. (a) Violation.--It shall be unlawful for any person to commit any fraudulent act in connection with a voucher issued under the Program. (b) Penalties.--Any person who commits a violation described in subsection (a) shall be liable to the United States Government for a civil penalty of not more than $10,000 for each violation. SEC. 5. REPORT. The Secretary shall submit a report to the Congress every 6 months that specifies, for the most recent 6-month period, the number of vouchers that have been used under the Program. SEC. 6. DEFINITIONS. In this Act: (1) Automobile.--The term ``automobile'' has the meaning given such term in section 32901(a) of title 49, United States Code. (2) Dealer.--The term ``dealer'' means a person residing in a State that is engaged in the sale of new automobiles as of the date of introduction of this Act to the first person or eligible fleet operator that is the ultimate purchaser. (3) Eligible fleet operator.--The term ``eligible fleet operator'' means the operator of a fleet of automobiles that is owned by a partnership, corporation, association, or public or private organization. (4) Initial period.--The term ``initial period'' means the first 6 months of the Program, beginning from the date the Secretary certifies the Program is operational. (5) New automobile.--The term ``new automobile'' means an automobile for which a manufacturer, distributor, or dealer has never transferred the equitable or legal title of such automobile to an ultimate purchaser. (6) Eligible new automobile.--The term ``eligible new automobile'' means a new automobile whose purchase price is less than $50,000. (7) Person.--The term ``person'' has the meaning given such term in section 551 of title 5, United States Code. (8) Program.--The term ``Program'' means the New Automobile Voucher Program established under section 3. (9) Secondary period.--The term ``secondary period'' means the time period beginning the day after the initial period has expired and ending December 31, 2010. (10) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (11) State.--The term ``State'' means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands. (12) Ultimate purchaser.--The term ``ultimate purchaser'' means, with respect to a new automobile, the first person who purchases such automobile for purposes other than resale. (13) Voucher.--The term ``voucher'' means a voucher issued to a person who is purchasing an eligible new automobile pursuant to the provisions of this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary $75,000,000,000 to carry out this Act. Of the amount appropriated under this Act, the Secretary shall obligate no more than $50,000,000 to cover administrative costs for the Program.

New Automobile Voucher Act of 2009 - Establishes in the Department of the Treasury the New Automobile Voucher Program. Directs the Secretary of the Treasury to: (1) authorize the issuance of a redeemable voucher to a dealer for each person or eligible fleet operator who purchases an eligible new automobile; (2) allow a dealer to participate in the program if it agrees to apply such voucher toward the purchase of an eligible new automobile and complies with all applicable requirements; (3) establish a Web-based system to process vouchers; and (4) make payments to dealers who apply vouchers for such purchases. Defines "eligible new automobile" as a new automobile whose purchase price is less than $50,000. Sets forth civil penalties for violations of this Act.

To establish a new automobile voucher program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Perchlorate Community Right-to-Know Act of 2003''. SEC. 2. PERCHLORATE POLLUTION PREVENTION. The Federal Water Pollution Control Act is amended by inserting after section 406 (33 U.S.C. 1346) the following: ``SEC. 407. PERCHLORATE POLLUTION PREVENTION. ``(a) Definitions.--In this section: ``(1) Fund.--The term `Fund' means the Perchlorate Pollution Prevention Fund established by subsection (i)(1). ``(2) Perchlorate storage facility.-- ``(A) In general.--The term `perchlorate storage facility' means a facility that stores more than 375 pounds of perchlorate over the course of a calendar year. ``(B) Exclusion.--The term `perchlorate storage facility' does not include a facility that stores perchlorate for a retail or law enforcement purpose. ``(b) Discharge of Perchlorate.-- ``(1) Notification.-- ``(A) In general.--Any person that, without regard to intent or negligence, causes or permits to occur a discharge of perchlorate into or on any waters of the United States shall notify the Administrator and the appropriate State water pollution control agency of the discharge as soon as practicable after-- ``(i) the person has knowledge of the discharge; and ``(ii) the notification may be provided without substantially impeding cleanup or other emergency measures. ``(B) Contents of notice.--A notice under subparagraph (A) shall include-- ``(i) the volume of perchlorate discharged; ``(ii) a description of the extent of the discharge; ``(iii) a copy of each document relating to any monitoring for potential discharges undertaken by the person on or before the date of the discharge; and ``(iv) a description of any actions taken by the person in response to the discharge. ``(C) Failure to provide notice.--For each day for which a person fails to provide the notice required by subparagraph (A), the person shall-- ``(i) be guilty of a misdemeanor; and ``(ii) be punished by a fine of not less than $500 nor more than $5,000. ``(2) Discharge under permit.--Paragraph (1) applies to a discharge of perchlorate under a permit issued under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342). ``(3) Penalties.--A penalty collected under paragraph (1)(B)(ii) shall be deposited in the Fund. ``(c) Submission of Information.--Not later than January 1, 2005, each owner or operator of a perchlorate storage facility that has been operated, by that owner or operator or by any other person, at any time after January 1, 1950, shall submit to the Administrator and the appropriate State water pollution control agency a report that includes, for the period beginning on January 1, 1950 (or such later date as the perchlorate storage facility initiated operations), and ending on the date of submission of the report-- ``(1) the volume of perchlorate stored during each calendar year at the perchlorate storage facility; ``(2) a description of each method of storage used; and ``(3) a copy of each document relating to any monitoring undertaken for potential discharges from the perchlorate storage facility. ``(d) List of Perchlorate Storage Facilities.--Not later than June 1, 2005, and annually thereafter, the Administrator, in consultation with each State water pollution control agency, shall publish in the Federal register a list of perchlorate storage facilities operating in the United States at any time during the period-- ``(1) beginning on January 1, 1950; and ``(2) ending on the date of publication of the list. ``(e) List of Perchlorate Discharges.--Not later than June 1, 2005, the Administrator, in consultation with each State water pollution control agency, shall annually publish in the Federal Register a list of discharges of perchlorate that occurred during the 1-year period preceding the date of publication of the report (including a list of locations at which perchlorate was detected in groundwater within the State during that period). ``(f) Penalties.-- ``(1) In general.--An owner or operator of a perchlorate storage facility that violates subsection (c) shall be liable for a civil penalty of not less than $500 nor more than $5,000 for each day of violation. ``(2) Determination of amount.--In determining the amount of a civil penalty, a court of competent jurisdiction shall consider all relevant circumstances, including-- ``(A) the extent of harm or potential harm caused by the violation; ``(B) the nature of the violation; ``(C) the period over which the violation occurred; ``(D) the frequency of any past violations by perchlorate storage facility involved; and ``(E) any action taken to remedy the violation. ``(3) Deposit in fund.--A penalty collected under paragraph (1) shall be deposited in the Fund. ``(g) Regulations.--Not later than June 1, 2005, the Administrator shall promulgate regulations that-- ``(1) require each perchlorate storage facility-- ``(A) to meet minimum, industry-established training standards; and ``(B) to be operated in a manner consistent with industry-established best management practices; and ``(2) implement an outreach effort to educate owners and operators of perchlorate storage facilities concerning the regulations promulgated under this subsection. ``(h) State Loan Program.-- ``(1) In general.--The Administrator, in coordination with each State water pollution control agency, shall carry out a loan program to assist public water suppliers and owners of private wells in acquiring or providing water that meets applicable Federal and State standards for drinking water to replace water contaminated by perchlorate. ``(2) Applications.--A public water supplier or owner of a private well that seeks to receive a loan under paragraph (1) shall submit to the Administrator an application that is in such form, and that contains such information, as the Administrator shall require. ``(3) Amount.--A loan provided under paragraph (1) shall be for not less than $10,000 and not more than $750,000. ``(4) Term.--The term of a loan provided under paragraph (1) shall be-- ``(A) not more than 20 years, if the loan is secured by real property; or ``(B) not more than 10 years, if the loan is not secured by real property. ``(5) Interest rate.--The interest rate for a loan shall be equal to the rate of interest applicable at the time of the loan commitment to Federal securities having a term of 10 years. ``(6) Use of loan funds.--Funds from a loan provided under paragraph (1) may be used to pay up to 100 percent of costs incurred by the recipient of the loan in acquiring or providing water that meets applicable Federal and State standards for drinking water to replace water contaminated by perchlorate. ``(7) Loan fee.-- ``(A) In general.--The Administrator may charge a loan fee, not to exceed an amount equal to 2 percent of the amount of the loan, to an applicant for a loan under paragraph (1). ``(B) Deposit in fund.--The Administrator shall deposit each loan fee collected under subparagraph (A) in the Fund. ``(i) Perchlorate Pollution Prevention Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a revolving fund, to be known as the `Perchlorate Pollution Prevention Fund', to be used in carrying out this section, consisting of-- ``(A) such amounts as are deposited in the Fund under subsections (b)(3), (f)(3), and (h)(7)(B); and ``(B) any interest earned on investment of amounts in the Fund under paragraph (3). ``(2) Expenditures from fund.-- ``(A) In general.--Subject to subparagraph (B), upon request by the Administrator, the Secretary of the Treasury shall transfer from the Fund to the Administrator such amounts as the Administrator determines are necessary-- ``(i) to carry out this section; and ``(ii) to provide loans under subsection (h). ``(B) Administrative expenses.--An amount not exceeding 5 percent of the amounts in the Fund shall be available in each fiscal year to pay the administrative expenses necessary to carry out this subsection. ``(3) Investment of amounts.-- ``(A) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. ``(B) Acquisition of obligations.--For the purpose of investments under subparagraph (A), obligations may be acquired-- ``(i) on original issue at the issue price; or ``(ii) by purchase of outstanding obligations at the market price. ``(C) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. ``(D) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. ``(4) Transfers of amounts.-- ``(A) In general.--The amounts required to be transferred to the Fund under this subsection shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. ``(B) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. ``(j) Reports.--Not later than 1 year after the date of enactment of this section, and annually thereafter, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Resources and the Committee on Energy and Commerce of the House of Representatives a report that describes progress made in implementing this section. ``(k) No Effect on State Law.--Nothing in this section preempts or otherwise affects any State law (including any State law that contains a requirement that is more stringent than a requirement under this section).''.

Perchlorate Community Right-to-Know Act of 2003 - Amends the Federal Water Pollution Control Act to require that information on the discharge and storage of perchlorate be reported to the Environmental Protection Agency (EPA) and the appropriate State water pollution control agency.Impose fines on violators.Requires that fines be deposited in a newly created Perchlorate Pollution Prevention Fund and used for loans to public water suppliers and private well owners to replace water contaminated by perchlorate.

A bill to amend the Federal Water Pollution Control Act to establish a perchlorate pollution prevention fund and to establish safety standards applicable to owners and operators of perchlorate storage facilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Children from Identity Theft Act''. SEC. 2. REDUCING IDENTITY FRAUD. (a) Purpose.--The purpose of this section is to reduce the prevalence of synthetic identity fraud, which disproportionally affects vulnerable populations, such as minors and recent immigrants, by facilitating the validation by permitted entities of fraud protection data, pursuant to electronically received consumer consent, through use of a database maintained by the Commissioner. (b) Definitions.--In this section: (1) Commissioner.--The term ``Commissioner'' means the Commissioner of the Social Security Administration. (2) Financial institution.--The term ``financial institution'' has the meaning given the term in section 509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809). (3) Fraud protection data.--The term ``fraud protection data'' means a combination of the following information with respect to an individual: (A) The name of the individual (including the first name and any family forename or surname of the individual). (B) The Social Security account number of the individual. (C) The date of birth (including the month, day, and year) of the individual. (4) Permitted entity.--The term ``permitted entity'' means a financial institution or a service provider, subsidiary, affiliate, agent, contractor, or assignee of a financial institution. (c) Efficiency.-- (1) Reliance on existing methods.--The Commissioner shall evaluate the feasibility of making modifications to any database that is in existence as of the date of enactment of this Act or a similar resource such that the database or resource-- (A) is reasonably designed to effectuate the purpose of this section; and (B) meets the requirements of subsection (d). (2) Execution.--The Commissioner shall establish a system to carry out subsection (a), in accordance with section 1106 of the Social Security Act. In doing so, the Commissioner shall make the modifications necessary to any database that is in existence as of the date of enactment of this Act or similar resource, or develop a database or similar resource. (d) Protection of Vulnerable Consumers.--The database or similar resource described in subsection (c) shall-- (1) compare fraud protection data provided in an inquiry by a permitted entity against such information maintained by the Commissioner in order to confirm (or not confirm) the validity of the information provided, and in such a manner as to deter fraudulent use of the database or similar resource; (2) be scalable and accommodate reasonably anticipated volumes of verification requests from permitted entities with commercially reasonable uptime and availability; and (3) allow permitted entities to submit-- (A) one or more individual requests electronically for real-time machine-to-machine (or similar functionality) accurate responses; and (B) multiple requests electronically, such as those provided in a batch format, for accurate electronic responses within a reasonable period of time from submission, not to exceed 24 hours. (e) Certification Required.--Before providing confirmation of fraud protection data to a permitted entity, the Commissioner shall ensure that the Commissioner has a certification from the permitted entity that is dated not more than 2 years before the date on which that confirmation is provided that includes the following declarations: (1) The entity is a permitted entity. (2) The entity is in compliance with this section. (3) The entity is, and will remain, in compliance with its privacy and data security requirements, as described in title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.) and as required by the Commissioner, with respect to information the entity receives from the Commissioner pursuant to this section. (4) The entity will retain sufficient records to demonstrate its compliance with its certification and this section for a period of not less than 2 years. (f) Consumer Consent.-- (1) In general.--Notwithstanding any other provision of law or regulation, a permitted entity may submit a request to the database or similar resource described in subsection (c) only-- (A) pursuant to the written, including electronic, consent received by a permitted entity from the individual who is the subject of the request; and (B) in connection with any circumstance described in section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b). (2) Electronic consent requirements.--For a permitted entity to use the consent of an individual received electronically pursuant to paragraph (1)(A), the permitted entity must obtain the individual's electronic signature, as defined in section 106 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7006). Permitted entities must develop and use an electronic signature process in accordance with all Federal laws and requirements as designated by the Commissioner. (3) Effectuating electronic consent.--No provision of law or requirement, including section 552a of title 5, United States Code, shall prevent the use of electronic consent for purposes of this subsection or for use in any other consent based verification under the discretion of the Commissioner. (g) Compliance and Enforcement.-- (1) Audits and monitoring.-- (A) In general.--The Commissioner-- (i) shall conduct audits and monitoring to-- (I) ensure proper use by permitted entities of the database or similar resource described in subsection (c); and (II) deter fraud and misuse by permitted entities with respect to the database or similar resource described in subsection (c); and (ii) may terminate services for any permitted entity that prevents or refuses to allow the Commissioner to carry out the activities described in clause (i) and may terminate or suspend services for any permitted entity as necessary to enforce any violation of this section or of any certification made under this section. (2) Enforcement.-- (A) In general.--Notwithstanding any other provision of law, including the matter preceding paragraph (1) of section 505(a) of the Gramm-Leach- Bliley Act (15 U.S.C. 6805(a)), any violation of this section and any certification made under this section shall be enforced in accordance with paragraphs (1) through (7) of such section 505(a) by the agencies described in those paragraphs. (B) Relevant information.--Upon discovery by the Commissioner of any violation of this section or any certification made under this section, the Commissioner shall forward any relevant information pertaining to that violation to the appropriate agency described in subparagraph (A) for evaluation by the agency for purposes of enforcing this section. (h) Recovery of Costs.-- (1) In general.-- (A) In general.--Amounts obligated to carry out this section shall be fully recovered from the users of the database or verification system by way of advances, reimbursements, user fees, or other recoveries as determined by the Commissioner. The funds recovered under this paragraph shall be deposited as an offsetting collection to the account providing appropriations for the Social Security Administration, to be used for the administration of this section without fiscal year limitation. (B) Prices fixed by commissioner.--The Commissioner shall establish the amount to be paid by the users under this paragraph, including the costs of any services or work performed, such as any appropriate upgrades, maintenance, and associated direct and indirect administrative costs, in support of carrying out the purposes described in this section, by reimbursement or in advance as determined by the Commissioner. The amount of such prices shall be periodically adjusted by the Commissioner to ensure that amounts collected are sufficient to fully offset the cost of the administration of this section. (2) Initial development.--The Commissioner shall not begin development of a verification system to carry out this section until the Commissioner determines that amounts equal to at least 50 percent of program start-up costs have been collected under paragraph (1). (3) Existing resources.--The Commissioner of Social Security may use funds designated for information technology modernization to carry out this section, but in all cases shall be fully reimbursed under paragraph (1)(A). (4) Annual report.--The Commissioner of Social Security shall annually submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the amount of indirect costs to the Social Security Administration arising as a result of the implementation of this section. Passed the House of Representatives April 17, 2018. Attest: KAREN L. HAAS, Clerk.

Protecting Children from Identity Theft Act (Sec. 2) This bill requires the Social Security Administration (SSA) to develop a database to facilitate the verification of consumer information upon request by a certified financial institution. Such verification shall be provided only with the consumer's consent and in connection with a credit transaction. Users of the database shall pay system costs as determined by the SSA.

Protecting Children from Identity Theft Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Business Ownership Act of 2008''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``National Commission on Women's Business Ownership'' (hereinafter in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF THE COMMISSION. (a) Review Required.--The Commission shall-- (1) review the status of women business owners nationwide, and the progress made since the 1980 White House Conference on Small Business; (2) review the role of the Federal Government in aid to, and the promotion of, women business owners; and (3) review data collection procedures with regard to women- owned business and Federal initiatives and procurement, with a view toward recommending improvements. (b) Recommendations Required.--Based on its review, the Commission shall-- (1) recommend new private-sector initiatives regarding management and technical assistance to women business owners; (2) recommend ways to create greater access to credit for women in business; and (3) recommend ways to enhance procurement opportunities for women business owners. (c) Definition.--For purposes of this Act, a business is owned by a woman if the sole owner is a woman, or if one-half or more of the partners are women, or if it is a corporation, where 50 percent or more of the stock is owned by women. SEC. 4. MEMBERSHIP. (a) In General.--The Commission shall be composed of nine members appointed as follows: (1) Three members appointed by the President. (2) Three members appointed by the Speaker of the House of Representatives from a list of fifteen individuals nominated for such appointment by the chairman of the Committee on Small Business of the House of Representatives. (3) Three members appointed by the majority leader of the Senate from a list of fifteen individuals nominated for such appointment by the chairman of the Committee on Small Business and Entrepreneurship of the Senate. (b) Qualifications.--(1) Appointments under subsection (a) shall be made from individuals whip are specially qualified to serve on the Commission by virtue of their education, training, or experience, and who are not officers or employees of the Federal Government or Members of Congress. (2) Of the three individuals appointed under each of paragraphs (1), (2), and (3) of subsection (a)-- (A) no more than two members appointed under each paragraph shall be of the same political party; (B) at least one member appointed under each paragraph shall be a woman; and (C) at least one member appointed under each paragraph shall be an individual who is a small business owner. (3) In making the appointments under subsection (a), the appointing authorities should give consideration to achieving a geographical balance. (c) Term.--Members shall be appointed for the life of the Commission, except that, if any member of the Commission becomes an officer or employee of the Federal Government or a Member of Congress, such individual may continue as a member of the Commission for not longer than the thirty-day period beginning on the date such individual becomes such an officer or employee or Member of Congress. (d) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Pay.--Members of the Commission shall serve without pay, except members of the Commission shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out the functions of the Commission, in the same manner as persons employed intermittently in the Federal Government are allowed expenses under section 5703 of title 5, United States Code. (f) Quorum.--Five members of the Commission shall constitute a quorum but a lesser number may hold hearings. (g) Chairperson and Vice Chairperson.--The Chairperson and Vice Chairperson of the Commission shall be designated by the President. The term of office of the Chairperson and Vice Chairperson shall be the life of the Commission. (h) Meetings.--The Commission shall meet not less than four times nor more than six times each year. Meetings shall be at the call of a majority of its members. SEC. 5. DIRECTOR AND STAFF OF THE COMMISSION. (a) Director and Staff.--(1) The Commission shall have a Director who shall be appointed by the Commission. The Commission, with the recommendation of the Director, may appoint and fix the pay of four additional personnel. (2) The Director and staff of the Commission may be appointed without regard to section 5311(b) of title 5, United States Code, and without regard to the provisions of such title 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 no individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS-18 of the General Schedule. (b) Services.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5 of the Unites States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS-18 of the General Schedule. (c) Details.--Upon request of the Commission, the head of any department or agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this Act. SEC. 6. POWERS OF THE COMMISSION. (a) In General.--The Commission may, for the purpose of carrying out this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. (b) Delegation.--Any member or agent of the Commission may, if so authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Access to Information.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Use of 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.--The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. SEC. 7. REPORTS. The Commission shall transmit to the President and to each House of the Congress such interim reports as it considers appropriate and shall transmit a final report to the President no later than twenty-six months after the date of the Commission's first meeting. The final report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. SEC. 8. TERMINATION. The Commission shall cease to exist on the date that it transmits its final report to the President and to each House of the Congress. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Women's Business Ownership Act of 2008 - Establishes the Commission on Women's Business Ownership to review and make recommendations concerning: (1) the status of women business owners nationwide, and the progress made since the 1980 White House Conference on Small Business; (2) the role of the federal government in aid to and promotion of women business owners; and (3) data collection procedures with regard to women-owned businesses and federal initiatives and procurement.

To establish the Commission on Women's Business Ownership.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Planning Amendments Act of 1993''. SEC. 2. PROJECT GRANTS AND CONTRACTS FOR FAMILY PLANNING SERVICES. (a) Requiring Certain Nondirective Counseling and Referral Services.--Section 1001 of the Public Health Service Act (42 U.S.C. 300) is amended-- (1) by redesignating subsections (b) through (d) as subsections (d) through (f), respectively; and (2) by inserting after subsection (a) the following subsection: ``(b)(1) The Secretary may not make an award of a grant or contract under this section unless the applicant for the award agrees that the family planning project involved will provide to individuals information regarding pregnancy management options upon request of the individuals, and that such information will be provided only through individuals holding professional degrees in medicine or osteopathic medicine, nursing, clinical psychology, the allied health professions, or social work, through individuals meeting such other criteria as the Secretary determines to be appropriate for providing such information, or through individuals allowed under State law to provide such information. ``(2) With respect to compliance with the agreement made under paragraph (1), the family planning project involved, and any provider of services in the project, may not be required to provide information regarding a pregnancy management option if-- ``(A) the project or provider (as the case may be) objects to doing so on grounds of religious beliefs or moral convictions; and ``(B) the project refers the individual seeking services to another provider in the project, or to another project in the geographic area involved, as the case may be, that will provide such information. ``(3) For purposes of this subsection, the term `information regarding pregnancy management options' means nondirective counseling and referrals regarding-- ``(A) prenatal care and delivery; ``(B) infant care, foster care, and adoption; and ``(C) termination of pregnancy.''. (b) Compliance With State Laws on Parental Notification and Consent.--Section 1008 of the Public Health Service Act (42 U.S.C. 300a-6) is amended by inserting ``(a)'' before ``None'' and by adding at the end the following: ``(b)(1) No public or nonprofit entity that performs abortions may receive an award of a grant or contract under section 1001 unless the entity has certified to the Secretary that the entity is in compliance with State law regarding parental notification of or consent for the performance of an abortion on a minor which is enforced in the State in which the entity is located. ``(2) Paragraph (1) shall not be construed to require or prohibit a State's adoption of parental notification or parental consent laws regarding the performance of an abortion on a minor, or to require or prohibit the enforcement by a State of such laws.''. (c) Information on Condoms.--Section 1001 of the Public Health Service Act, as amended by subsection (a) of this section, is amended by inserting after subsection (b) the following subsection: ``(c) The Secretary may not make an award of a grant or contract under this section unless the applicant for the award agrees that the family planning project involved will-- ``(1) distribute only those condoms meeting current requirements for quality control and labeling, and any subsequently developed standards, established by the Food and Drug Administration for the prevention of pregnancy and the prevention of the transmission of sexually transmitted diseases; and ``(2) advise individuals of the benefits of the proper use of condoms, of the extent of risk that still exists with condom usage, and of the fact that condoms currently available do not completely eliminate the risk of pregnancy or the transmission of sexually transmitted diseases.''. (d) Authorization of Appropriations.--Section 1001(f) of the Public Health Service Act, as redesignated by subsection (a) of this section, is amended to read as follows: ``(f) For the purpose of grants and contracts under this section, there are authorized to be appropriated $220,000,000 for fiscal year 1994, and $250,000,000 for fiscal year 1995.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR TRAINING GRANTS AND CONTRACTS. Section 1003(b) of the Public Health Service Act (42 U.S.C. 300a- 1(b)) is amended to read as follows: ``(b) For the purpose of grants and contracts under subsection (a), there are authorized to be appropriated $6,250,000 for fiscal year 1994, and $7,000,000 for fiscal year 1995.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR INFORMATIONAL AND EDUCATIONAL MATERIALS. Section 1005(b) of the Public Health Service Act (42 U.S.C. 300a- 3(b)) is amended to read as follows: ``(b) For the purpose of grants and contracts under subsection (a), there are authorized to be appropriated $12,000,000 for fiscal year 1994, and $13,500,000 for fiscal year 1995.''. SEC. 5. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE. (a) Sense of Congress Regarding Purchase of American-Made Equipment and Products.--In the case of any equipment or products that may be authorized in title X of the Public Health Service Act to be purchased with an award of a grant or contract under such title, it is the sense of the Congress that entities receiving such an award should in expending the award purchase only American-made equipment and products. (b) Notice to Recipients of Awards.--In making awards of grants and contracts under title X of the Public Health Service Act, the Secretary of Health and Human Services shall provide to each recipient of such an award a notice describing the statement made in subsection (a) by the Congress. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act take effect upon the date of the enactment of this Act. Passed the House of Representatives March 25, 1993. Attest: DONNALD K. ANDERSON, Clerk.

Family Planning Amendments Act of 1993 - Amends the Public Health Service Act to require family planning grant and contract recipients to provide nondirective counseling and referrals regarding: (1) prenatal care and delivery; (2) infant care, foster care, and adoption; and (3) termination of pregnancy. Allows a provider who objects, on religious or moral grounds, to providing such counseling and referrals to refer the woman to another provider. Requires recipients to: (1) comply with State parental notification or consent laws; and (2) distribute only those condoms meeting current quality and labeling requirements and provide information regarding condom use benefits and risks. Authorizes appropriations. Authorizes appropriations for grants and contracts concerning: (1) training to provide family planning services; and (2) informational and educational materials regarding family planning and population growth. Declares the sense of the Congress regarding buying American with financial assistance under title X (Population Research and Voluntary Family Planning Programs) of the Public Health Service Act.

Family Planning Amendments Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer-Teacher Protection Act of 2004''. SEC. 2. REDUCTION OF THE SPECIAL ALLOWANCE FOR LOANS FROM THE PROCEEDS OF TAX EXEMPT ISSUES. Section 438(b)(2)(B) of the Higher Education Act of 1965 (20 U.S.C. 1087-1(b)(2)(B)) is amended-- (1) in clause (i), by striking ``this division'' and inserting ``this clause''; (2) in clause (ii), by striking ``division (i) of this subparagraph'' and inserting ``clause (i) of this subparagraph''; (3) in clause (iv), by inserting ``or refunded on or after October 1, 2004 and before October 1, 2005,'' after ``October 1, 1993,''; and (4) by adding at the end the following new clause: ``(v) Notwithstanding clauses (i) and (ii), the quarterly rate of the special allowance shall be the rate determined under subparagraph (A), (E), (F), (G), (H), or (I) of this paragraph, or paragraph (4), as the case may be, for a holder of loans that-- ``(I) were made or purchased with funds-- ``(aa) obtained from the issuance of obligations the income from which is excluded from gross income under the Internal Revenue Code of 1986 and which obligations were originally issued before October 1, 1993; or ``(bb) obtained from collections or default reimbursements on, or interests or other income pertaining to, eligible loans made or purchased with funds described in division (aa), or from income on the investment of such funds; and ``(II) were-- ``(aa) financed by such an obligation that has matured, or been retired or defeased; ``(bb) refinanced on or after October 1, 2004 and before October 1, 2005, with funds obtained from a source other than funds described in subclause (I) of this clause; or ``(cc) sold or transferred to any other holder on or after October 1, 2004 and before October 1, 2005.''. SEC. 3. LOAN FORGIVENESS FOR TEACHERS. (a) Implementing Highly Qualified Teacher Requirements.-- (1) Amendments.-- (A) FFEL loans.--Section 428J(b)(1) of the Higher Education Act of 1965 (20 U.S.C. 1078-10(b)(1)) is amended-- (i) in subparagraph (A), by inserting ``and'' after the semicolon; and (ii) by striking subparagraphs (B) and (C) and inserting the following: ``(B) if employed as an elementary school or secondary school teacher, is highly qualified as defined in section 9101 of the Elementary Secondary Education Act of 1965; and''. (B) Direct loans.--Section 460(b)(1)(A) of the Higher Education Act of 1965 (20 U.S.C. 1087j(b)(1)(A)) is amended-- (i) in clause (i), by inserting ``and'' after the semicolon; and (ii) by striking clauses (ii) and (iii) and inserting the following: ``(ii) if employed as an elementary school or secondary school teacher, is highly qualified as defined in section 9101 of the Elementary and Secondary Education Act of 1965; and''. (2) Transition rule.-- (A) Rule.--The amendments made by paragraph (1) of this subsection to sections 428J(b)(1) and 460(b)(1)(A) of the Higher Education Act of 1965 shall not be applied to disqualify any individual who, before the date of enactment of this Act, commenced service that met and continues to meet the requirements of such sections as such sections were in effect on the day before the date of enactment of this Act. (B) Rule not applicable to increased qualified loan amounts.--Subparagraph (A) of this paragraph shall not apply for purposes of obtaining increased qualified loan amounts under sections 428J(c)(3) and 460(c)(3) of the Higher Education Act of 1965 as added by subsection (b) of this section. (b) Additional Amounts Eligible to Be Repaid.-- (1) FFEL loans.--Section 428J(c) of the Higher Education Act of 1965 (20 U.S.C. 1078-10(c)) is amended by adding at the end the following: ``(3) Additional amounts for teachers in mathematics, science, or special education.--Notwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall repay under this section shall be not more than $17,500 in the case of-- ``(A) a secondary school teacher-- ``(i) who meets the requirements of subsection (b); and ``(ii) whose qualifying employment for purposes of such subsection is teaching mathematics or science on a full-time basis; and ``(B) an elementary school or secondary school teacher-- ``(i) who meets the requirements of subsection (b); ``(ii) whose qualifying employment for purposes of such subsection is as a special education teacher whose primary responsibility is to provide special education to children with disabilities (as those terms are defined in section 602 of the Individuals with Disabilities Education Act); and ``(iii) who, as certified by the chief administrative officer of the public or non- profit private elementary school or secondary school in which the borrower is employed, is teaching children with disabilities that corresponds with the borrower's special education training and has demonstrated knowledge and teaching skills in the content areas of the elementary school or secondary school curriculum that the borrower is teaching.''. (2) Direct loans.--Section 460(c) of the Higher Education Act of 1965 (20 U.S.C. 1087j(c)) is amended by adding at the end the following: ``(3) Additional amounts for teachers in mathematics, science, or special education.--Notwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall cancel under this section shall be not more than $17,500 in the case of-- ``(A) a secondary school teacher-- ``(i) who meets the requirements of subsection (b)(1); and ``(ii) whose qualifying employment for purposes of such subsection is teaching mathematics or science on a full-time basis; and ``(B) an elementary school or secondary school teacher-- ``(i) who meets the requirements of subsection (b)(1); ``(ii) whose qualifying employment for purposes of such subsection is as a special education teacher whose primary responsibility is to provide special education to children with disabilities (as those terms are defined in section 602 of the Individuals with Disabilities Education Act); and ``(iii) who, as certified by the chief administrative officer of the public or non- profit private elementary school or secondary school in which the borrower is employed, is teaching children with disabilities that corresponds with the borrower's special education training and has demonstrated knowledge and teaching skills in the content areas of the elementary school or secondary school curriculum that the borrower is teaching.''. (3) Effective date.--The amendments made by this subsection shall apply only with respect to eligible individuals who are new borrowers on or after October 1, 1998, and before October 1, 2005.

Taxpayer-Teacher Protection Act of 2004 - Amends the Higher Education Act of 1965 to: (1) reduce certain special allowance payments to holders of student loans; and (2) provide for additional amounts of student loan forgiveness for certain elementary or secondary school teachers of mathematics, science, or special education.

A bill to reduce the special allowance for loans from the proceeds of tax exempt issues, and to provide additional loan forgiveness for teachers who teach mathematics, science, or special education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Save the Children Act of 2016''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) thousands of Syrian children face a humanitarian crisis due to the sustained civil war violence in Syria and have been displaced to refugee camps in surrounding countries where their personal safety and welfare is threatened; (2) ample numbers of United States citizens, nongovernmental organizations, and state governments and instrumentalities would welcome the opportunity to provide temporary support to young child refugees from Syria during the ongoing humanitarian crisis; (3) the Secretary of State, Attorney General, Secretary of Homeland Security, and Secretary of Health and Human Services should make every effort to facilitate the temporary relocation and immediate care of up to 25,000 young Syrian minor children refugees who either are orphaned to the extent that can be established by proper authorities, or whose proper guardians transfer custody of the children to representatives of the United States as established by its proper officials, into the United States over a period of three years from the date of enactment of this Act; and (4) the Secretary of State, Attorney General, Secretary of Homeland Security, and Secretary of Health and Human Services should make every effort to facilitate family reunification or safe relocation of these young Syrian child refugees to Syria after there is a sustained, substantial reduction of civil war violence in Syria and a substantial reduction in the numbers of newly displaced Syria inhabitants, such time as defined by the Department of State. SEC. 3. SAVE THE CHILDREN PROGRAM. (a) In General.--The Secretary of State, Attorney General, Secretary of Homeland Security, and Secretary of Health and Human Services shall establish the Save the Children Program to grant visas allowing certain young minor children from Syria between the ages of three and ten to enter and remain in the United States until there is a sustained, substantial reduction of civil war violence in Syria and a substantial reduction in the numbers of newly displaced Syria inhabitants, such time as defined by the Department of State. Following such time as the Department of State does make this designation, there shall be an additional six months grace period before the visas expire, so that due diligence can be done to identify the proper guardians of these young minor children so they may be reunified with their families. Only such qualifying children whose established guardians are physically present to relinquish custody to the proper United States representatives, or those children who can be established to be orphaned, shall be eligible for such a visa. (b) Office of Coordination.-- (1) Establishment.-- (A) There is established in the Office of Refugee Resettlement of the Department of Health and Human Services a Coordinator of the Save the Children Program (hereinafter, ``Coordinator''). (B) The Coordinator shall have the supervisory authority for the operations of the Program in the United States. (C) The Coordinator of the Save the Children Program shall be appointed by and report to the Secretary of Health and Human Services. (2) Staff.-- (A) With the approval of the Office of Personnel Management, the Coordinator may appoint and fix the pay of additional personnel as the Coordinator considers appropriate. Any such personnel may include private citizens or employees of the Federal Government, provided, however, that the Coordinator may not fix the pay of employees of the Federal Government. (B) Upon request of the Coordinator, the head of any Federal department or agency may detail, on a reimbursable or nonreimbursable basis, and in accordance with the Intergovernmental Personnel Act of 1970 (5 U.S.C. 3371-3375), any of the personnel of that department or agency to the Office to assist it in carrying out its duties under this Act. (C) The Coordinator shall use the staff and resources of the Division of Unaccompanied Children's Services (as described by section 462 of the Homeland Security Act of 2002 (2 U.S.C. 279)). (3) Operations.-- (A) The Coordinator shall have the responsibility of identifying which young minor children qualify for the Program, including by properly obtaining custody of the children from their proper guardians or establishing that an eligible child is orphaned, and implementing the temporary resettlement in the United States of young minor children admitted pursuant to the Program, consistent with the laws of applicable states and instrumentalities of the United States, international agreements, and the foreign policy and domestic security interests of the United States. (B) The Coordinator shall cooperate with appropriate and approved nongovernmental organizations and government authorities of the states and instrumentalities of the United States to implement the Program and to assist those admitted under the Program. (C) The Coordinator shall consult with the Secretary of State, Attorney General, and Secretary of Homeland Security, or their designees, on the operations of the Program and to ensure that all operations of the Program are consistent with the laws of applicable states and instrumentalities of the United States, international agreements, the foreign policy and domestic security interests of the United States, and the goal of family reunification no more than six months after there is a sustained, substantial reduction of civil war violence in Syria and a substantial reduction in the numbers of newly displaced Syria inhabitants, such time as defined by the Department of State. (c) Sunset.-- (1) Except as provided by paragraph (2), the Program shall terminate six months after certification by the Secretary of State that there is a sustained, substantial reduction of civil war violence in Syria and a substantial reduction in the numbers of newly displaced Syria inhabitants. (2) Six months after certification by the Secretary of State that there is a sustained, substantial reduction of civil war violence in Syria and a substantial reduction in the numbers of newly displaced Syria inhabitants, such time as defined by the Department of State, the Office, in consultation with the Departments of State, Justice, and Homeland Security, shall make every effort to reunite minor children admitted to the United States pursuant to the Program with their parents, other close relatives, or appropriate caretakers, as required by, and to the extent permitted by, international agreements and the laws of the United States. (3) Notwithstanding any law to the contrary, the Program may be suspended or terminated if the President determines that such suspension or termination is warranted by the foreign policy and domestic security interests of the United States. (d) Appropriations.-- (1) There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out the purposes of this section. (2) Upon designation by the President, the Office is authorized to use funds appropriated pursuant to the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601) to carry out the purposes of this section. (e) Reporting Requirement.--Not later than 180 days after the date of the enactment of this Act, the Coordinator shall submit a written report to Congress that contains the details of the implementation of the Program developed under this section. SEC. 4. TEMPORARY NONIMMIGRANT VISA. (a) In General.--The Program under section (b) shall provide for the admission of not more than 5,000 alien minor children between the ages of three and ten years old, under section 101(a)(15)(W) of the Immigration and Nationality Act in the first program year, and then 10,000 additional alien minor children for each of the second and third program years, and shall give preference to those minor children already in the custody of the United States or any of its allies outside Syria on the date of enactment. (b) Temporary Nonimmigrant Visa.--Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. section 1101(a)(15)) is amended by inserting at the end-- ``(W) until such time that the Secretary of State certifies that there is a sustained, substantial reduction of civil war violence in Syria and a substantial reduction in the numbers of newly displaced Syria inhabitants, such time as defined by the Department of State, pursuant to Section 3(c)(1) of the Syrian Civil War Minor Child Protection Act of 2016, an alien who-- ``(i) is resident in Syria or who was born in Syria but is currently present in another country as a displaced person or refugee; ``(ii) is between three and ten years of age at the time of the enactment of the Act; and ``(iii) has been approved pursuant to policies promulgated by the Secretary of State, in consultation with the Secretary of Health and Human Services, Attorney General, and Secretary of Homeland Security, to reside in the United States temporarily pursuant to the Save the Children Program.''. (c) Ability To Remain in the United States.--Notwithstanding any law to the contrary, and as required by, and to the extent permitted by, international agreements, aliens admitted to the United States pursuant to the Save the Children Act of 2016 may remain in the United States until the Secretary of State certifies that there is a sustained, substantial reduction of civil war violence in Syria and a substantial reduction in the numbers of newly displaced Syria inhabitants, such time as defined by the Department of State, pursuant to Section 3(c)(1) of the Act, and providing a six month grace period for efforts at reunification as established herein.

Save the Children Act of 2016 This bill directs the Departments of State, Justice, Homeland Security (DHS), and Health and Human Services to establish the Save the Children program to grant nonimmigrant visas to certain young minor children from Syria between the ages of 3 and 10 to enter and remain in the United States until there is a sustained reduction of civil war violence in Syria and a substantial reduction in the numbers of newly displaced Syria inhabitants. The bill establishes in the DHS Office of Refugee Resettlement a Coordinator of the Save the Children program. The program shall terminate six months after the State Department certifies that there is a sustained reduction of civil war violence in Syria and a substantial reduction in the numbers of newly displaced Syria inhabitants. The program provides for the admission of not more than 5,000 children in the first year and 10,000 children for each of the second and third years. The bill amends the Immigration and Nationality Act to establish a nonimmigrant W-visa for an alien who: (1) is resident in or was born in Syria but is currently a displaced person or refugee living in another country, (2) is between 3 and 10 years old, and (3) has been approved by the State Department to temporarily reside in the United States. Program aliens may remain in the United States until the State Department certifies that there is a sustained reduction of civil war violence in Syria and a substantial reduction in the numbers of newly displaced Syria inhabitants, with a six-month grace period for reunification efforts.

Save the Children Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Reserve Reform Act of 1993''. SEC. 2. CONSULTATION BETWEEN FEDERAL OPEN MARKET COMMITTEE AND THE SECRETARY OF THE TREASURY, THE DIRECTOR OF THE OMB, AND THE CHAIRMAN OF THE CEA. Section 2A of the Federal Reserve Act (12 U.S.C. 225a) is amended-- (1) in the first sentence, by striking ``The Board of Governors'' and inserting ``(a) In General.--The Board of Governors''; and (2) by adding at the end the following new subsection: ``(b) Consultation Required.--The Federal Open Market Committee shall meet and consult with the Secretary of the Treasury, the Director of the Office of Management and Budget, and the chairman of the Council of Economic Advisors-- ``(1) during the 30-day period immediately preceding the date on which each report required under the second sentence of subsection (a) is submitted to the Congress by the Board of Governors; and ``(2) during the 30-day period beginning on the date which is 100 days immediately preceding the date by which the President is required to submit the budget under section 1105(a) of title 31, United States Code.''. SEC. 3. APPOINTMENT OF THE CHAIRMAN AND VICE CHAIRMAN. (a) Appointment of the Chairman and Vice Chairman.--The second paragraph of section 10 of the Federal Reserve Act (12 U.S.C. 242) is amended by striking the third sentence and inserting the following: ``The President shall appoint, by and with the advice and consent of the Senate, one member of the Board to serve as Chairman. The term of such member as Chairman shall expire on January 31 of the first calendar year beginning after the end of the term of the President who appointed such member as Chairman. If a member appointed as Chairman does not complete the term of such office as established in the preceding sentence, the President shall appoint, by and with the advice and consent of the Senate, another member to complete the unexpired portion of such term. The President shall also appoint, by and with the advice and consent of the Senate, one member of the Board to serve as Vice Chairman for a term of 4 years. The Chairman and the Vice Chairman may each serve after the end of their respective terms until a successor has taken office.''. (b) Performance of Duties.--The second paragraph of section 10 of the Federal Reserve Act (12 U.S.C. 242) (as amended by subsection (a)) is amended by inserting after the seventh sentence the following: ``In the event of the absence or unavailability of the Chairman, the Vice Chairman or (in the Vice Chairman's absence) another member of the Board may be designated by the Chairman to perform the duties of the office of the Chairman. If a vacancy occurs in the office of the Chairman, the Vice Chairman shall perform the duties of the Chairman until a successor takes office. If a vacancy occurs in the office of the Vice Chairman while the office of the Chairman is vacant, the member of the Board with the most years of service on the Board shall perform the duties of the Chairman until a successor takes office.''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of enactment of this Act. (2) Current chairman to complete term.--Notwithstanding the amendment made by subsection (a), any member who holds the office of Chairman of the Board of Governors of the Federal Reserve System on the date of enactment of this Act shall continue in such office during the remainder of the term to which such member was appointed. SEC. 4. DISCLOSURE OF INTERMEDIATE TARGETS. Section 12A(b) of the Federal Reserve Act (12 U.S.C. 263(b)) is amended by adding at the end the following: ``Notwithstanding any other provision of law, each change, of any nature whatsoever, in the intermediate targets for monetary policy, which change is adopted by the Committee, shall be disclosed to the public on the date on which such change is adopted. For purposes of this subsection, the term `intermediate targets' means any policy objectives regarding monetary aggregates, credit aggregates, prices, interest rates, or bank reserves.''. SEC. 5. AUDIT OF FINANCIAL TRANSACTIONS BY COMPTROLLER GENERAL. Section 714(b) of title 31, United States Code (relating to audits by the Comptroller General), is amended-- (1) in paragraph (1), by inserting ``or'' at the end; (2) by striking paragraphs (2) and (3); and (3) by amending paragraph (4) to read as follows: ``(2) memoranda, letters, or other written communications between or among members of the Board of Governors of the Federal Reserve System or officers or employees of the Federal Reserve System relating to any transaction described in paragraph (1).''. SEC. 6. BOARD SUBJECT TO BUDGET PROCESS. Section 1105 of title 31, United States Code (relating to budget contents and submission to Congress), is amended by adding at the end the following new subsection: ``(g) Federal Reserve Board Budget Treatment.--Not later than October 16 of each year, the estimated receipts and proposed expenditures of the Board of Governors of the Federal Reserve System and all Federal Reserve Banks for the current year and the next 2 succeeding years shall be transmitted by the Board to the President. The President shall transmit to the Congress the information received in accordance with this subsection, without change, together with the budget transmitted to the Congress under subsection (a).''.

Federal Reserve Reform Act of 1993 - Amends the Federal Reserve Act to require the Federal Open Market Committee (the Committee) to consult with the Secretary of the Treasury, the Director of the Office of Management and Budget, and the chairman of the Council of Economic Advisers before the Federal Reserve Board submits to the Congress certain mandated reports. Changes from August to January the calendar year expiration date of the term of the Chairman of the Federal Reserve. Mandates immediate public disclosure by the Committee of each change in intermediate monetary policy targets (monetary and credit aggregates, prices, interest rates, or bank reserves) which it adopts. Permits the Comptroller General to audit monetary policy deliberations, decisions, or actions, including transactions made under the Committee's direction. Requires the Board to submit annually to the President its estimated receipts and proposed expenditures for the current year, and the next two succeeding years (including those of the Federal Reserve Banks).

Federal Reserve Reform Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Qualified Personal Service Corporations Clarification Act of 2001''. SEC. 2. MODIFICATIONS TO DETERMINATION OF WHETHER CORPORATION IS A QUALIFIED PERSONAL SERVICE CORPORATION. (a) Stock Held by Certain Former Employees Taken Into Account.-- Subparagraph (B) of section 448(d)(2) of the Internal Revenue Code of 1986 (defining qualified personal service corporation) is amended by striking ``or'' at the end of clause (iii), by striking the period at the end of clause (iv) and inserting a comma, and by inserting after clause (iv) the following new clauses: ``(v) former employees of such corporation who performed the services referred to in subparagraph (A) and who are holding such stock by reason of their former employment with such corporation, or ``(vi) former employees of such corporation who performed the services referred to in subparagraph (A) and who are holding such stock by reason of their current or former employment with any controlled entity (as defined in paragraph (4)(B)).'' (b) Other Modifications.--Paragraph (4) of section 448(d) of such Code is amended to read as follows: ``(4) Special rules for paragraph (2).-- ``(A) In general.--For purposes of paragraph (2)-- ``(i) community property laws shall be disregarded, ``(ii) stock held by a plan described in section 401(a) which is exempt from tax under section 501(a) shall be treated as held by an employee described in paragraph (2)(B)(i), and ``(iii) at the election of the common parent of an affiliated group (within the meaning of section 1504(a)), all members of such group may be treated as 1 taxpayer for purposes of paragraph (2)(B) if 80 percent or more of the activities of such group involve the performance of services in the fields described in paragraph (2)(A). ``(B) Controlled entity.--For purposes of paragraph (2)(B)(vi), the term `controlled entity' means, with respect to a corporation-- ``(i) any corporation at least 50 percent (by value) of the outstanding stock of which is owned (directly or indirectly as determined under section 318) by such corporation, and ``(ii) any partnership at least 50 percent of the capital interest or profits interest in which is owned (directly or indirectly as determined under section 318) by such corporation. ``(C) New corporations.--A corporation shall be treated as a qualified personal service corporation for each taxable year preceding the first taxable year for which the corporation has gross receipts if the corporation is a qualified personal service corporation for such first taxable year. ``(D) Certain stock not taken into account.-- ``(i) In general.--The determination of whether an employee-owned corporation is a qualified personal service corporation shall be made without regard to stock in such corporation which is held by employees of unaffiliated controlled entities. The preceding sentence shall not apply to employees described in clause (v) or (vi) of paragraph (2)(B). ``(ii) Employee-owned corporation.--For purposes of clause (i), the term `employee- owned corporation' means any corporation at least 50 percent of the value of the outstanding stock of which is owned (directly or indirectly) by employees described in paragraph (2)(B) (without regard to this subparagraph) of such corporation. ``(iii) Unaffiliated controlled entity.-- For purposes of clause (i), the term `unaffiliated controlled entity' means, with respect to an employee-owned corporation-- ``(I) any corporation at least 50 percent (by value) of the outstanding stock of which is owned (directly or indirectly as determined under section 318) by members of an affiliated group (within the meaning of section 1504(a)) which includes such employee-owned corporation, and ``(II) any partnership at least 50 percent of the capital interest or profits interest in which is owned (directly or indirectly as determined under section 318) by members of such affiliated group. Such term shall not include any corporation which is permitted to file a consolidated return with such affiliated group. ``(E) Engineering defined.--For purposes of paragraph (2), the term `engineering' includes-- ``(i) professional services or activities of an engineering nature, as defined by State law, if applicable, which are required to be performed or approved by a person licensed, registered, or certified to provide such services; ``(ii) professional services or activities of an engineering nature that are associated with research, planning, development, design, construction, repair, or alteration of real property; and ``(iii) such other professional services or activities of an engineering nature, or incidental services, which members of the engineering profession (and individuals in their employ) may logically or justifiably perform, including studies, investigations, surveying, mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual design, plans and specifications, value engineering, construction phase services, design-build, design-build- finance, design-build-operate-maintain, design- build-finance-operate-maintain, soils engineering, drawing reviews, preparation of operating and maintenance manuals, and other related services. Professional services and activities referred to in clause (i), (ii), or (iii) shall be considered engineering without regard to the procurement method, delivery method, owner, or service recipient.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Qualified Personal Service Corporations Clarification Act of 2001 - Amends the Internal Revenue Code to modify the criteria for determining whether a corporation is a qualified personal service corporation. Includes within the definition of qualified personal service corporation a qualifying corporation substantially all of whose stock is held by certain former employees (thus permitting such corporation to use the cash method of accounting).

To amend the Internal Revenue Code of 1986 to clarify that qualified personal service corporations may continue to use the cash method of accounting, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Electronic Access Safety Enhancement (CEASE) Act''. SEC. 2. DISCLOSURE BY INTERNET CONTENT MANAGEMENT SERVICES OF COLLECTION, USE, AND DISCLOSURE OF INFORMATION UNDER CONTRACTS FOR SCHOOLS AND LIBRARIES. (a) Initial Disclosure of Policies.-- (1) In general.--A provider of Internet content management services shall, before entering into a contract or other agreement to provide such services to or for an elementary or secondary school or library, notify the local educational agency or other authority with responsibility for the school, or library, as the case may be, of the policies of the provider regarding the collection, use, and disclosure of information from or about children whose Internet use will be covered by such services. (2) Elements of notice.--Notice on policies regarding the collection, use, disclosure of information under paragraph (1) shall include information on the following: (A) Whether any information will be collected from or about children whose Internet use will be covered by the services in question. (B) Whether any information so collected will be stored or otherwise retained by the provider of Internet content management services, and, if so, under what terms and conditions, including a description of how the information will be secured. (C) Whether any information so collected will be sold, distributed, or otherwise transferred, and, if so, under what terms and conditions. (3) Form of notice.--Any notice under this subsection shall be clear, conspicuous, and designed to be readily understandable by its intended audience. (b) Modification of Policies.-- (1) In general.--A provider of Internet content management services shall, before implementing any material modification of the policies described in subsection (a)(1) under a contract or other agreement with respect to an elementary or secondary school or library, notify the local educational agency or other authority with responsibility for the school, or library, as the case may be, of the proposed modification of the policies. (2) Timeliness.--Notice under paragraph (1) shall be provided in sufficient time in advance of the modification covered by the notice to permit the local educational agency or other authority concerned, or library concerned, as the case may be, to evaluate the effects of the modification. (c) Regulations.--The Commission shall prescribe regulations for purposes of the administration of this section. The regulations shall include provisions regarding the elements of notice required under subsection (a)(2) and the timeliness of notice under subsection (b)(2). (d) Administration.-- (1) In general.--This section shall be enforced by the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (2) Effect on other laws.--Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law. (e) Noncompliance.-- (1) In general.--The violation of any provision of this section, including the regulations prescribed by the Commission under subsection (c), shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Termination of contract or agreement.-- (A) Authority to terminate.--Notwithstanding any provision of a contract or agreement to the contrary, if a provider of Internet content management services for a school or library fails to comply with a policy in a notice under subsection (a), or fails to submit notice of a modification of a policy under subsection (b) in a timely manner, the local educational agency or other authority concerned, or library concerned, may terminate the contract or other agreement with the provider to provide Internet content management services to the school or library, as the case may be. (B) Resolution of disputes.--Any dispute under subparagraph (A) regarding the failure of a provider of Internet content management services as described in that subparagraph shall be resolved by the Commission. (C) Relationship to other relief.--The authority under this paragraph with respect to noncompliance of a provider of Internet content management services is in addition to the power of the Commission to treat the noncompliance as a violation under paragraph (1). (f) Notice to Parents.--A school or library shall provide reasonable notice of the policies of an Internet content management service provider used by that school or library to parents of students, or patrons of the library, as the case may be. SEC. 3. COLLECTION OF PERSONAL INFORMATION ABOUT CERTAIN OLDER CHILDREN BY PROVIDERS OF INTERNET CONTENT MANAGEMENT SERVICES TO SCHOOLS AND LIBRARIES. (a) Prohibition.--A provider of Internet content management services to or for an elementary or secondary school or library may not collect through such services personal information from or about a child who is a student at that school or a user of that library. (b) Responsibilities Upon Collection.-- (1) In general.--If a provider of Internet content management services to or for an elementary or secondary school or library collects through such services personal information from or about a child who is a student at that school or a user of that library, the provider shall-- (A) provide prompt notice of such collection-- (i) to either-- (I) the local educational agency or other authority with responsibility for the school and appropriate officials of the State in which the school is located; or (II) the library; and (ii) to the Federal Trade Commission; and (B) take appropriate actions to treat the personal information-- (i) in a manner consistent with the provisions of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) if the personal information was collected from a child as defined in section 1302(1) of that Act; or (ii) in a similar manner, under regulations prescribed by the Commission, if the personal information was collected from a child over the age of 12. (2) Elements of notice.--Notice of the collection of personal information by a provider of Internet content management services under paragraph (1)(A) shall include the following: (A) A description of the personal information so collected. (B) A description of the actions taken by the provider with respect to such personal information under paragraph (1)(B). (c) Response to Notice.--A local educational agency or other authority, or library, receiving notice under subsection (b) with respect to a covered child shall take appropriate actions to notify a parent or guardian of the child of receipt of such notice. SEC. 4. APPLICATION OF COPPA. Section 1302 of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501) is amended by adding at the end the following: ``(13) Provider of internet content management services treated as operator.--The term `operator' includes a provider of Internet content management services (as defined in section 5(4) of the Children's Electronic Access Safety Enhancement Act) who collects or maintains personal information from or about the users of those services, or on whose behalf such information is collected or maintained, if those services are provided for commercial purposes involving commerce described in paragraph (2)(A)(i), (ii), or (iii).''. SEC. 5. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Child.--Except as provided in section 3(b)(1)(B), the term ``child'' means an individual who is less than 19 years of age. (3) Personal information.--The term ``personal information'' has the meaning given that term in section 1301(8) of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501(8)). (4) Provider of internet content management services.--The term ``provider of Internet content management services'' includes a provider of Internet content management software if such software operates, in whole or in part, by or through an Internet connection or otherwise provides information on users of such software to the provider by the Internet or other means.

Children's Electronic Access Safety Enhancement (CEASE) Act - Requires providers of Internet content management services (providers) to notify local educational agencies or other authorities responsible for schools (LEAs), or libraries, of the providers' policies regarding collection, use, and disclosure of information from or about children under age 19 whose Internet use will be covered by such services, before entering into a contract or other agreement to provide such services to or for an elementary or secondary school or a library, and before implementing any later material modifications of such policies. Directs the Federal Trade Commission (FTC) to treat noncompliance with these requirements as a violation of a rule defining an unfair or deceptive act or practice under the Federal Trade Commission Act. Allows LEAs or libraries to terminate such contracts or agreements with providers who fail to comply with these requirements. Requires a school or library to provide reasonable notice of its provider's policy to students' parents or library patrons.Prohibits providers from collecting personal information from or about a child who is a school student or library patron. Requires providers, if they do collect such information, to: (1) promptly notify the LEA and appropriate State officials, or the library, and the FTC; and (2) treat the information in accordance with the Children's Online Privacy Protection Act of 1998 (COPPA) if the child is under 12, and in accordance with FTC regulations if the child is over 12. Requires the LEA or library to notify a parent or guardian of the child of receipt of such notice.Amends COPPA to treat providers as operators.

A bill to enhance the protection of privacy of children who use school or library computers employing Internet content management services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Aid Lessons for Domestic Economic Assistance Act of 2007''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to adapt the lessons of foreign aid to underdeveloped economies, such as the experience of the Millennium Challenge Corporation, to the provision of Federal economic development assistance to similarly situated remote Native American communities; (2) to provide Federal economic development assistance for Native American communities through the Native American Challenge Demonstration Project; (3) to administer Federal economic development assistance in a manner that-- (A) promotes economic growth and the elimination of poverty; (B) strengthens good governance, entrepreneurship, and investment in Native American communities; and (C) builds the capacity of Native people to deal with rapid change and uncertainty due to climate change; (4) to improve the effectiveness of Federal economic development assistance by encouraging the integration and coordination of the assistance in Native American communities; (5) to promote sustainable economic growth and poverty reduction policies in Native American communities in a manner that promotes self-determination and self-sufficiency among remote Native American communities while preserving the cultural values of those communities; and (6) to establish a demonstration project that, if successful, may be broadly applied to other Native American communities in the United States. SEC. 3. DEFINITIONS. In this Act: (1) Compact.--The term ``compact'' means a binding agreement with the United States entered into pursuant to this Act. (2) Economic development strategy.--The term ``economic development strategy'' means a strategy-- (A) written by an eligible entity and designed to achieve sustainable economic growth and reduce poverty over a defined period; and (B) developed in consultation with public and private sector entities, as appropriate to the geographic area and intended beneficiaries of the compact. (3) Eligible entity.--The term `` eligible entity'' means-- (A) in the State of Alaska, a consortium of not more than 2 regional Alaska Native nonprofit organizations, to be determined by the Secretary, in consultation with the Secretary of the Interior and the Alaska Federation of Natives, with priority given to organizations serving regions with high poverty levels; (B) in the State of Hawaii, a consortia of local Native Hawaiian community organizations, to be determined by the Secretary, in consultation with the Secretary of the Interior and the Office of Hawaiian Affairs; and (C) in the 48 contiguous States, not more than 3 organizations, to be determined by the Secretary, in consultation with the Secretary of the Interior, which may be Indian tribes, consortia of Indian tribes, or nongovernmental entities authorized by 1 or more Indian tribes. (4) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (5) Secretary.--The term ``Secretary'' means the Secretary of Commerce. SEC. 4. MILLENNIUM CHALLENGE DEMONSTRATION PROJECT. (a) Establishment.--The Secretary shall establish and implement in the Department of Commerce a demonstration project, to be known as the ``Native American Millennium Challenge Demonstration Project'' (referred to in this section as the ``demonstration project''). (b) Authorization of Assistance.--In carrying out the demonstration project, the Secretary may provide assistance to any eligible entity that enters into a compact with the United States pursuant to this Act. (c) Form of Assistance.--Assistance under the demonstration project-- (1) shall be provided in the form of funding agreements established under the applicable compact; (2) may not be provided in the form of loans; and (3) may not be used for gaming activities covered by the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). (d) Coordination.-- (1) In general.--The provision of assistance under the demonstration project shall be coordinated, to the maximum extent practicable, with other Federal economic development assistance programs for Native Americans carried out by the Federal agencies and departments described in paragraph (2). (2) Agencies and departments.--The Federal agencies and departments referred to in paragraph (1) are-- (A) the Department of Agriculture; (B) the Department of Commerce; (C) the Department of Energy; (D) the Department of Health and Human Services; (E) the Department of Housing and Urban Development; (F) the Department of the Interior; (G) the Small Business Administration; and (H) such other Federal agencies and instrumentalities as the Secretary determines to be appropriate. (3) Integrated funding.--On execution of a compact with an eligible entity, the Secretary, in cooperation with other Secretaries as appropriate, shall authorize the eligible entity to coordinate the federally funded economic development assistance programs provided for the area served by the eligible entity in a manner that integrates the program services into a single, coordinated program. (e) Programs Affected.--The programs that may be integrated under the demonstration project include any program under which an Indian tribe is eligible for receipt of funds under a statutory or administrative formula for economic development purposes. (f) Waiver Authority.--On receipt of an executed compact, the Secretary shall consult with the eligible entity that is a party to the compact and the Secretary of each Federal agency or department that provides funds to be used to implement the compact to identify any waiver of statutory requirements or applicable regulations, policies, or procedures necessary to enable the eligible entity to implement the compact. SEC. 5. CHALLENGE COMPACTS. (a) Compacts.-- (1) In general.--The Secretary shall develop and recommend procedures for consideration of proposals for compacts submitted by eligible entities. (2) Assistance.--The Secretary may provide assistance to an eligible entity only if the eligible entity enters into a compact with the United States, to be known as a ``Native American Challenge Compact'', that establishes a multiyear plan for achieving development objectives in furtherance of the purposes of this Act. (b) Applications.--The Secretary shall develop and recommend procedures for considering applications for compacts submitted by eligible entities. (c) Criteria for Selection of Eligible Entities.--The Secretary shall develop an application process and criteria for selecting eligible entities to enter into compacts under this Act, taking into consideration-- (1) the purposes of this Act; (2) the economic development strategy of the eligible entity; (3) the remoteness of the reservation or community to be served by the eligible entity; (4) the general economic status of the eligible entity; (5) poverty rates; and (6) the service capacity of the eligible entity. (d) Assistance for Development of Compacts.--To the extent that funds are appropriated in advance to carry out this section, the Secretary may enter into contracts with, or make grants to, any eligible entity for the purposes of facilitating the development and implementation of a compact between the United States and the eligible entity. (e) Duration and Extension.-- (1) Duration.--The term of an initial compact under this section shall not exceed 5 years. (2) Subsequent compacts.--An eligible entity and the United States may enter into 1 or more subsequent compacts in accordance with this Act. (3) Extensions.--If a compact is approaching expiration or has expired, the eligible entity that is a party to the compact and the United States may renegotiate or extend the compact for such number of terms as the parties may agree, with each term not to exceed 10 years. (f) Elements.--In furtherance of the economic development strategy of the applicable eligible entity, each compact shall contain-- (1) a description of the specific objectives for the sustainable economic development and reduction of poverty that the eligible entity and the United States expect to achieve during the term of the compact; (2) a description of the respective roles and responsibilities of the eligible entity and the United States in the achievement of those objectives; (3) a list and description of regular benchmarks to measure progress toward achieving those objectives; (4) an identification of the intended beneficiaries, disaggregated by income level, gender, and age, to the maximum extent practicable; and (5) a multiyear financial plan to guide the implementation of the compact, including the estimated level of funding and other contributions by the United States and the eligible entity, proposed mechanisms to execute the plan, and periodic assessments to determine whether the requirements of paragraphs (1) through (4) are being met. (g) Suspension and Termination of Assistance.-- (1) In general.--The Secretary may suspend or terminate assistance, in whole or in part, for an eligible entity that has entered into a compact with the United States if the Secretary determines that-- (A) the eligible entity has failed to meet the responsibilities of the eligible entity under the compact; or (B) the eligible entity has engaged in a pattern of actions that is inconsistent with the purposes of this Act. (2) Reinstatement.--The Secretary may reinstate assistance for an eligible entity only if the Secretary determines that the eligible entity has demonstrated a commitment to correcting each condition for which assistance was suspended or terminated under paragraph (1). SEC. 6. PROGRAM ASSESSMENTS AND REPORTS. (a) Reports of Eligible Entities.--Not later than March 15, 2008, and annually thereafter, each eligible entity shall prepare and submit to the Secretary a written report describing the assistance provided to the eligible entity under this Act during the preceding fiscal year. (b) Report Contents.--A report required under subsection (a) shall include-- (1) a description of the amount of obligations and expenditures for assistance provided during the preceding fiscal year; (2) a description of the programs and activities conducted by the eligible entity in furtherance of the economic development strategy of the eligible entity and the purposes of this Act; (3) an assessment of the effectiveness of the assistance provided and progress made by the eligible entity toward achieving the economic development strategy of the eligible entity and the purposes of this Act; and (4) such other information as the eligible entity considers to be relevant, taking into consideration the purposes of this Act. (c) Submission to Congress.--Not later than May 15, 2008, and annually thereafter, the Secretary shall submit the reports required under subsection (a), with such other information as the Secretary considers to be relevant, to-- (1) the Committees on Energy and Commerce and Natural Resources of the House of Representatives; and (2) the Committees on Indian Affairs, Commerce, Science, and Transportation, and Energy and Natural Resources of the Senate. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.-- (1) In general.--There is authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2008 through 2012, to remain available until expended. (2) Unappropriated amounts.--Any funds authorized but not appropriated for any fiscal year under paragraph (1) may be appropriated for a subsequent fiscal year, subject to the condition that the cumulative amount authorized to be appropriated for any of fiscal years 2008 through 2012 shall not exceed $100,000,000. (b) Administrative Funds.--Of the funds made available to carry out this Act, not more than 5 percent may be used by the Secretary for the administrative expenses of carrying out this and oversight of programs under this Act.

Foreign Aid Lessons for Domestic Economic Assistance Act of 2007 - Directs the Secretary of Commerce to establish and implement the Native American Millennium Challenge Demonstration Project through which federal economic development assistance may be provided for certain Native American communities. Authorizes the Secretary to provide such assistance to consortia of Alaska Native nonprofit organizations, Native Hawaiian community organizations, and other Indian tribes that enter into Native American Challenge Compacts. Requires such Compacts to establish a multiyear plan for achieving certain development objectives, including promoting economic growth and the elimination of poverty, strengthening good governance, entrepreneurship, and investment in Native American communities, and building the capacity of Native people to deal with rapid change and uncertainty due to climate change.

A bill to direct the Secretary of Commerce to establish a demonstration program to adapt the lessons of providing foreign aid to underdeveloped economies to the provision of Federal economic development assistance to certain similarly situated individuals, and for other purposes.

SECTION 1. CONVEYANCE OF PROPERTY TO THE TANANA TRIBAL COUNCIL. (a) Conveyance of Property.-- (1) In general.--As soon as practicable, but not later than 180 days, after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall convey to the Tanana Tribal Council located in Tanana, Alaska (referred to in this section as the ``Council''), all right, title, and interest of the United States in and to the property described in subsection (b) for use in connection with health and social services programs. (2) Effect on any quitclaim deed.--The conveyance by the Secretary of title by warranty deed under this subsection shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in subsection (b) executed by the Secretary and the Council. (3) Conditions.--The conveyance of the property under this section-- (A) shall be made by warranty deed; and (B) shall not-- (i) require any consideration from the Council for the property; (ii) impose any obligation, term, or condition on the Council; or (iii) allow for any reversionary interest of the United States in the property. (b) Property Described.--The property, including all land, improvements, and appurtenances, described in this subsection is the property included in U.S. Survey No. 5958, Lot 12, in the village of Tanana, Alaska within surveyed Township 4N, Range 22W, Fairbanks Meridian, Alaska, containing 11.25 acres. (c) Environmental Liability.-- (1) Liability.-- (A) In general.--Notwithstanding any other provision of law, the Council shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in subsection (b) on or before the date on which the property is conveyed to the Council. (B) Environmental contamination.--An environmental contamination described in subparagraph (A) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law. (2) Easement.--The Secretary shall be accorded any easement or access to the property conveyed under this section as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary. (3) Notice of hazardous substance activity and warranty.-- In carrying out this section, the Secretary shall comply with subparagraphs (A) and (B) of section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)). SEC. 2. CONVEYANCE OF PROPERTY TO THE BRISTOL BAY AREA HEALTH CORPORATION. (a) Conveyance of Property.-- (1) In general.--As soon as practicable, but not later than 180 days, after the date of enactment of this Act, the Secretary shall convey to the Bristol Bay Area Health Corporation located in Dillingham, Alaska (referred to in this section as the ``Corporation''), all right, title, and interest of the United States in and to the property described in subsection (b) for use in connection with health and social services programs. (2) Effect on any quitclaim deed.--The conveyance by the Secretary of title by warranty deed under this subsection shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in subsection (b) executed by the Secretary and the Corporation. (3) Conditions.--The conveyance of the property under this section-- (A) shall be made by warranty deed; and (B) shall not-- (i) require any consideration from the Corporation for the property; (ii) impose any obligation, term, or condition on the Corporation; or (iii) allow for any reversionary interest of the United States in the property. (b) Property Described.--The property, including all land, improvements, and appurtenances, described in this subsection is the property included in Dental Annex Subdivision, creating tract 1, a subdivision of Lot 2 of U.S. Survey No. 2013, located in Section 36, Township 13 South, Range 56 West, Seward Meridian, Bristol Bay Recording District, Dillingham, Alaska, according to Plat No. 2015-8, recorded on May 28, 2015, in the Bristol Bay Recording District, Dillingham, Alaska, containing 1.474 acres more or less. (c) Environmental Liability.-- (1) Liability.-- (A) In general.--Notwithstanding any other provision of law, the Corporation shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in subsection (b) on or before the date on which the property is conveyed to the Corporation. (B) Environmental contamination.--An environmental contamination described in subparagraph (A) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law. (2) Easement.--The Secretary shall be accorded any easement or access to the property conveyed under this section as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary. (3) Notice of hazardous substance activity and warranty.-- In carrying out this section, the Secretary shall comply with subparagraphs (A) and (B) of section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)).

. (Sec. 1) This bill directs the Department of Health and Human Services (HHS) to convey to the Tanana Tribal Council in Tanana, Alaska, all right, title, and interest of the United States in and to certain property (including all land, improvements, and appurtenances) containing 11.25 acres, in the village of Tanana for use in connection with health and social services programs. The bill states that this conveyance by warranty deed shall supersede and render of no future effect any quitclaim deed to the property executed by HHS and the Council. This conveyance: (1) shall be made by warranty deed; and (2) shall not require any consideration from the Council for the property, impose any obligation, term, or condition on the Council, or allow for any U.S. reversionary interest in the property. The Council shall not be liable for soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of environmental contamination (including oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard under any federal or Alaska law). HHS shall be accorded any easement or access to the conveyed property as may be necessary to satisfy any retained obligations and liability. HHS shall comply with requirements under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 respecting certain deeds for the transfer of U.S.-owned real property on which any hazardous substance was stored for one year or more, disposed of, or known to have been released. (Sec. 2) HHS shall convey to the Bristol Bay Area Health Corporation in Dillingham, Alaska, all right, title, and interest of the United States in and to certain property included in the Dental Annex Subdivision (including all land, improvements, and appurtenances) containing 1.474 acres more or less, also for use in connection with health and social services programs. The bill states that this conveyance by warranty deed shall supersede and render of no future effect any quitclaim deed to the property executed by HHS and the Corporation. This conveyance: (1) shall be made by warranty deed; and (2) shall not require any consideration from the Corporation for the property, impose any obligation, term, or condition on the Corporation, or allow for any U.S. reversionary interest in the property. The Corporation shall not be liable for soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of environmental contamination (including oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard under any federal or Alaska law). HHS shall be accorded any easement or access to the conveyed property as may be necessary to satisfy any retained obligations and liability. HHS shall comply with requirements under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 respecting certain deeds for the transfer of U.S.-owned real property on which any hazardous substance was stored for one year or more, disposed of, or known to have been released.

A bill to provide for the conveyance of certain property to the Tanana Tribal Council located in Tanana, Alaska, and to the Bristol Bay Area Health Corporation located in Dillingham, Alaska, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military and Civilian Victims Payroll Tax Relief Act of 2001''. SEC. 2. INCOME AND EMPLOYMENT TAXES OF MEMBERS OF THE ARMED FORCES AND VICTIMS OF TERRORISTIC OR MILITARY ACTIONS. (a) Individuals Dying as a Result of Terroristic or Military Actions.--Section 692 of the Internal Revenue Code of 1986 (relating to income taxes of members of Armed Forces on death) amended by adding at the end the following new subsection: ``(d) Individuals Dying as a Result of Terroristic or Military Actions.-- ``(1) In general.--In the case of any individual who dies as a result of wounds, injury, or illness incurred as a result of terroristic or military action (other than a death to which subsection (a) or (c) applies), any tax imposed by this subtitle shall not apply-- ``(A) with respect to the taxable year in which falls the date of such individual's death, and ``(B) with respect to any prior taxable year in the period beginning with the last taxable year ending before the taxable year in which the wounds, injury, or illness were incurred. ``(2) Exceptions.-- ``(A) Taxation of certain benefits.--Subject to such rules as the Secretary may prescribe, paragraph (1) shall not apply to the amount of any tax imposed by this subtitle which would be computed by only taking into account the items of income, gain, or other amounts attributable to-- ``(i) amounts payable in the taxable year by reason of the death of an individual described in paragraph (1) which would have been payable in such taxable year if the death had occurred by reason of an event other than an event described in paragraph (1), or ``(ii) amounts payable in the taxable year which would not have been payable in such taxable year but for an action taken after the date of the applicable terrorist attack. ``(B) No relief for perpetrators.--Paragraph (1) shall not apply with respect to any individual identified by the Attorney General to have been a participant or conspirator in any event described in paragraph (1) or a representative of such individual. ``(3) Terroristic or military action.--For purposes of this subsection, the term `terroristic or military action' has the meaning given to such term by subsection (c)(2). Such term includes the terrorist attacks against the United States on April 19, 1995, September 11, 2001, and the terrorist attack involving anthrax occurring on or after September 11, 2001, and before January 1, 2002.''. (b) Refund of Other Taxes Paid.--Section 692 of such Code, as amended by subsection (a), is amended by adding at the end the following new subsection: ``(e) Refund of Employment Taxes Paid.--In determining the amount of tax under this section to be credited or refunded as an overpayment with respect to any individual for any period, such amount shall be increased by an amount equal to the amount of taxes imposed and collected under chapter 21 and sections 3201(a), 3211(a)(1), and 3221(a) with respect to such individual for such period.''. (c) Conforming Amendments.-- (1) Section 5(b)(1) is amended by inserting ``and victims of certain terrorist attacks'' before ``on death''. (2) Section 6013(f)(2)(B) is amended by inserting ``and victims of certain terrorist attacks'' before ``on death''. (d) Clerical Amendments.-- (1) The heading of section 692 is amended to read as follows: ``SEC. 692. INCOME AND EMPLOYMENT TAXES OF MEMBERS OF ARMED FORCES AND VICTIMS OF TERRORIST ATTACKS ON DEATH.''. (2) The item relating to section 692 in the table of sections for part II of subchapter J of chapter 1 is amended to read as follows: ``Sec. 692. Income and employment taxes of members of Armed Forces and victims of terrorist attacks on death.''. (e) Effective Date; Waiver of Limitations.-- (1) Effective date.--The amendments made by this section shall apply to taxable years ending before, on, or after September 11, 2001. (2) Waiver of limitations.--If refund or credit of any overpayment of tax resulting from the amendments made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period.

Military and Civilian Victims Payroll Tax Relief Act of 2001 - Amends the Internal Revenue Code to exempt from income and employment taxes any individual who dies as a result of wounds, injury, or illness incurred as a result of terroristic or military action.

To amend the Internal Revenue Code of 1986 to provide income and employment tax relief for military and civilian victims of terroristic or military action.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Communities Helping Invest through Property and Improvements Needed for Veterans Act of 2016'' or the ``CHIP IN for Vets Act of 2016''. SEC. 2. PILOT PROGRAM ON ACCEPTANCE BY THE DEPARTMENT OF VETERANS AFFAIRS OF DONATED FACILITIES AND RELATED IMPROVEMENTS. (a) Pilot Program Authorized.-- (1) In general.--Notwithstanding sections 8103 and 8104 of title 38, United States Code, the Secretary of Veterans Affairs may carry out a pilot program under which the Secretary may accept donations of the following property from entities described in paragraph (2): (A) Real property (including structures and equipment associated therewith)-- (i) that includes a constructed facility; or (ii) to be used as the site of a facility constructed by the entity. (B) A facility to be constructed by the entity on real property of the Department of Veterans Affairs. (2) Entities described.--Entities described in this paragraph are the following: (A) A State or local authority. (B) An organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. (C) A limited liability corporation. (D) A private entity. (E) A donor or donor group. (F) Any other non-Federal Government entity. (3) Limitation.--The Secretary may accept not more than five donations of real property and facility improvements under the pilot program and as described in this section. (b) Conditions for Acceptance of Property.--The Secretary may accept the donation of a property described in subsection (a)(1) under the pilot program only if-- (1) the property is-- (A) a property with respect to which funds have been appropriated for a Department facility project; or (B) a property identified as-- (i) meeting a need of the Department as part of the long-range capital planning process of the Department; and (ii) the location for a Department facility project that is included on the Strategic Capital Investment Planning process priority list in the most recent budget submitted to Congress by the President pursuant to section 1105(a) of title 31, United States Code; and (2) an entity described in subsection (a)(2) has entered into or is willing to enter into a formal agreement with the Secretary in accordance with subsection (c) under which the entity agrees to independently donate the real property, improvements, goods, or services, for the Department facility project in an amount acceptable to the Secretary and at no additional cost to the Federal Government. (c) Requirement To Enter Into an Agreement.-- (1) In general.--The Secretary may accept real property and improvements donated under the pilot program by an entity described in subsection (a)(2) only if the entity enters into a formal agreement with the Secretary that provides for-- (A) the donation of real property and improvements (including structures and equipment associated therewith) that includes a constructed facility; or (B) the construction by the entity of a facility on-- (i) real property and improvements of the Department of Veterans Affairs; or (ii) real property and improvements donated to the Department by the entity. (2) Content of formal agreements.--With respect to an entity described in subsection (a)(2) that seeks to enter into a formal agreement under paragraph (1) of this subsection that includes the construction by the entity of a facility, the formal agreement shall provide for the following: (A) The entity shall conduct all necessary environmental and historic preservation due diligence, shall comply with all local zoning requirements (except for studies and consultations required of the Department under Federal law), and shall obtain all permits required in connection with the construction of the facility. (B) The entity shall use construction standards required of the Department when designing, repairing, altering, or building the facility, except to the extent the Secretary determines otherwise, as permitted by applicable law. (C) The entity shall provide the real property, improvements, goods, or services in a manner described in subsection (b)(2) sufficient to complete the construction of the facility, at no additional cost to the Federal Government. (d) No Payment of Rent or Usage Fees.--The Secretary may not pay rent, usage fees, or any other amounts to an entity described in subsection (a)(2) or any other entity for the use or occupancy of real property or improvements donated under this section. (e) Funding.-- (1) From department.-- (A) In general.--The Secretary may not provide funds to help the entity finance, design, or construct a facility in connection with real property and improvements donated under the pilot program by an entity described in subsection (a)(2) that are in addition to the funds appropriated for the facility as of the date on which the Secretary and the entity enter into a formal agreement under subsection (c) for the donation of the real property and improvements. (B) Terms and conditions.--The Secretary shall provide funds pursuant to subparagraph (A) under such terms, conditions, and schedule as the Secretary determines appropriate. (2) From entity.--An entity described in subsection (a)(2) that is donating a facility constructed by the entity under the pilot program shall be required, pursuant to a formal agreement entered into under subsection (c), to provide other funds in addition to the amounts provided by the Department under paragraph (1) that are needed to complete construction of the facility. (f) Application.--An entity described in subsection (a)(2) that seeks to donate real property and improvements under the pilot program shall submit to the Secretary an application to address needs relating to facilities of the Department, including health care needs, identified in the Construction and Long-Range Capital Plan of the Department, at such time, in such manner, and containing such information as the Secretary may require. (g) Information on Donations and Related Projects.-- (1) In general.--The Secretary shall include in the budget submitted to Congress by the President pursuant to section 1105(a) of title 31, United States Code, information regarding real property and improvements donated under the pilot program during the year preceding the submittal of the budget and the status of facility projects relating to that property. (2) Elements.--Information submitted under paragraph (1) shall provide a detailed status of donations of real property and improvements conducted under the pilot program and facility projects relating to that property, including the percentage completion of the donations and projects. (h) Biennial Report of Comptroller General of the United States.-- Not less frequently than once every 2 years until the termination date set forth in subsection (i), the Comptroller General of the United States shall submit to Congress a report on the donation agreements entered into under the pilot program. (i) Termination.--The authority for the Secretary to accept donations under the pilot program shall terminate on the date that is 5 years after the date of the enactment of this Act. (j) Rule of Construction.--Nothing in this section shall be construed as a limitation on the authority of the Secretary to enter into other arrangements or agreements that are authorized by law and not inconsistent with this section. 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 passed by the House on December 7, 2016. Communities Helping Invest through Property and Improvements Needed for Veterans Act of 2016 or the CHIP IN for Vets Act of 2016 (Sec. 2) This bill authorizes the Department of Veterans Affairs (VA) to carry out a five-year pilot program under which it may accept up to five donations by non-federal entities of: (1) real property that includes a constructed facility or that is to be used as the site of a facility constructed by the entity, and (2) a facility to be constructed by the entity on real property of the VA. A donation must be: (1) a property for which funds have been appropriated for a VA facility project or a property that is identified as meeting a need of the VA as part of its long-range capital planning process and that is the location for a VA facility project that is included on the Strategic Capital Investment Planning process priority list; and (2) donated pursuant to a formal agreement with the VA for a VA facility project in an amount acceptable to the VA at no additional cost to the federal government. Such a formal agreement must provide for: (1) the donation of real property that includes a constructed facility; or (2) the construction of a facility on VA real property or on real property donated to the VA by the entity. An agreement that provides for the construction of a facility shall require the entity to: conduct all necessary environmental and historic preservation due diligence, comply with all local zoning requirements, obtain all required construction permits, use construction standards required of the VA when designing, repairing, altering, or building the facility, and provide the real property, improvements, goods, or services in a manner sufficient to complete the construction at no additional cost to the federal government. The VA may not: (1) pay rent, usage fees, or any other amounts to an entity for the use or occupancy of real property donated under this bill; and (2) provide funds to help the entity finance, design, or construct such a facility that are in addition to those appropriated for the facility as of the date of the donation agreement. An entity that: (1) is donating a facility constructed by the entity shall be required to provide other funds in addition to the amounts provided by the VA that are needed to complete construction of the facility; and (2) seeks to donate real property shall submit an application to address needs relating to VA facilities, including health care needs, identified in its Construction and Long-Range Capital Plan in such manner as the VA may require. The VA shall include in the annual budget submitted to Congress by the President information regarding real property donated under the pilot program and the status of facility projects relating to that property. The Government Accountability Office shall report to Congress every two years until the program ends on the donation agreements under the program.

Communities Helping Invest through Property and Improvements Needed for Veterans Act of 2016

SECTION 1. TRANSFER OF RESPONSIBILITY FOR OPERATION AND MAINTENANCE OF THE FLATHEAD IRRIGATION PROJECT, MONTANA. (a) Purpose.--The purpose of this Act is to preserve and protect the viability and sustainability of the family farms and ranches of the Jocko Valley, Camas Valley, and Mission Valley, Montana, through the transfer of responsibility for operation and maintenance of the Irrigation Division of the Flathead Irrigation Project, Montana, without having any effect on the negotiation or adjudication of water rights, including those of the tribe. (b) Definitions.--In this Act: (1) Contract.--The term ``contract'' means the contract under subsection (c). (2) Irrigation district.--The term ``irrigation district'' means 1 or more irrigation districts organized in accordance with the paragraph relating to the irrigation systems on the Flathead Indian Reservation, Montana, under the subheading ``irrigation and drainage'' under the heading ``BUREAU OF INDIAN AFFAIRS'' in the Act of May 10, 1926 (44 Stat. 464, chapter 277). (3) Project.--The term ``project'' means the Irrigation Division of the Flathead Irrigation Project constructed under section 14 of the Act of April 23, 1904 (33 Stat. 305, chapter 1495), and section 14 of the Act of May 29, 1908 (35 Stat. 450, chapter 216). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Tribe.--The term ``Tribe'' means the Confederated Salish and Kootenai Tribes of the Flathead Nation, a federally recognized tribe organized under section 16 of the Act of June 18, 1934 (25 U.S.C. 476). (c) Contract.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall offer to enter into a contract with the irrigation district under which the irrigation district will operate and manage the project, including all rights and powers exercised by the Secretary in the operation of the project, including the right to use permanent easements purchased under the Act of May 25, 1948 (62 Stat. 269, chapter 340). (2) Contract provisions.--The contract shall contain provisions that-- (A)(i) identify the trust responsibilities of the United States to the Tribe that are affected by the operation and maintenance of the Irrigation Division; and (ii) ensure that the United States will be able to fulfill those responsibilities; (B) ensure that in operating and maintaining the project, the irrigation district will maintain the interim instream flows established by the Bureau of Indian Affairs to preserve fisheries pending adjudication of water rights and, thereafter, as required by any rulings made in connection with the adjudication or related negotiation; (C) ensure that obligations in existence on the date of enactment of this Act governing the repayment of the construction costs of the project are continued unaffected by this Act and the contract, if the irrigation district makes an accelerated payment of $1,000,000 on the repayment contract between the irrigation district and the United States not later than December 31, 2001; (D) amend the repayment contracts in effect on the date of enactment of this Act between the irrigation district and the United States to provide that net revenues from the operation of the Power Division of the project will not be used to pay operation and maintenance costs of the Irrigation Division; and (E) provide for revocation of the contract and of the right of the irrigation district to operate and maintain the project if a court of the United States finds that the irrigation district has operated and persists in operating the project in a manner that willingly and knowingly damages tribal trust assets. (3) Protection of tribal trust assets.--For the purpose of paragraph (2)(E)-- (A) operation of the project as the project was operated by the Bureau of Indian Affairs plan of operations in effect on October 31, 1997, shall be presumed to provide adequate protection of tribal trust assets and shall not be considered to damage those assets; and (B) any changes in operation required as a result of new information, changes in administrative policies or decisions, judicial decisions, or negotiations shall not be a ground for revocation of the contract unless the irrigation district refuses to conform the operation and maintenance of the project to the requirements of the new information, administrative policies and decisions, judicial decisions, or negotiations. (d) Timing.--The Secretary shall commence negotiations with the irrigation district as soon as practicable to enable the Secretary and the irrigation district to enter into a contract not later than 1 year after the date of enactment of this Act. (e) Property Rights.-- (1) In general.--Under the contract, the Secretary shall transfer to the irrigation district ownership of all equipment, machinery, office supplies, and other supplies and equipment paid for with operation and maintenance funds related to the project. (2) Inventory list.--The Secretary shall provide the irrigation district an inventory list of all supplies and equipment at the project as of the date of enactment of this Act that were purchased with operation and maintenance funds. (3) Real property.--Under the contract, the Secretary shall not transfer to the irrigation district ownership of-- (A) any real property right to land or an interest in land; or (B) any water right. (f) Water Rights.--This Act does not affect the negotiation of water rights between the State of Montana, the United States, and the Tribe.

Directs the Secretary of the Interior, within one year after the enactment of this Act, to offer to enter into a contract with the irrigation district for the Flathead Indian Reservation, Montana, under which the district will operate and manage the Flathead Indian Irrigation Project, including the right to use permanent easements purchased under a prior Act. Outlines contract requirements, including U.S. fulfillment of trust responsibilities to such Tribe, the maintenance of water flows, and the continuation of certain existing cost repayment obligations.

A bill to provide for the preservation and sustainability fo the family farm through the transfer of responsibility for operation and maintenance of the Flathead Irrigation Project, Montana.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Anti-Semitism Review Act of 2004''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Acts of anti-Semitism in countries throughout the world, including some of the world's strongest democracies, have increased significantly in frequency and scope over the last several years. (2) During the last 3 months of 2003 and the first 3 months of 2004, there were numerous instances of anti-Semitic violence around the world, including the following incidents: (A) In Putrajaya, Malaysia, on October 16, 2003, former Prime Minister Mahatir Mohammad told the 57 national leaders assembled for the Organization of the Islamic Conference that Jews ``rule the world by proxy'', and called for a ``final victory'' by the world's 1.3 billion Muslims, who, he said, ``cannot be defeated by a few million Jews.''. (B) In Istanbul, Turkey, on November 15, 2003, simultaneous car bombs exploded outside two synagogues filled with worshippers, killing 24 people and wounding more than 250 people. (C) In Australia on January 5, 2004, poison was used to ignite, and burn anti-Semitic slogans into, the lawns of the Parliament House in the state of Tasmania. (D) In St. Petersburg, Russia, on February 15, 2004, vandals desecrated approximately 50 gravestones in a Jewish cemetery, painting the stones with swastikas and anti-Semitic graffiti. (E) In Toronto, Canada, over the weekend of March 19 through March 21, 2004, vandals attacked a Jewish school, a Jewish cemetery, and area synagogues, painting swastikas and anti-Semitic slogans on the walls of a synagogue and on residential property in a nearby, predominantly Jewish, neighborhood. (F) In Toulon, France, on March 23, 2004, a Jewish synagogue and community center were set on fire. (3) Anti-Semitism in old and new forms is also increasingly emanating from the Arab and Muslim world on a sustained basis, including through books published by government-owned publishing houses in Egypt and other Arab countries. (4) In November 2002, state-run television in Egypt broadcast the anti-Semitic series entitled ``Horseman Without a Horse'', which is based upon the fictitious conspiracy theory known as the Protocols of the Elders of Zion. The Protocols have been used throughout the last century by despots such as Adolf Hitler to justify violence against Jews. (5) In November 2003, Arab television featured an anti-Semitic series, entitled ``Ash-Shatat'' (or ``The Diaspora''), which depicts Jewish people hatching a plot for Jewish control of the world. (6) The sharp rise in anti-Semitic violence has caused international organizations such as the Organization for Security and Cooperation in Europe (OSCE) to elevate, and bring renewed focus to, the issue, including the convening by the OSCE in June 2003 of a conference in Vienna dedicated solely to the issue of anti-Semitism. (7) The OSCE convened a conference again on April 28-29, 2004, in Berlin, to address the problem of anti-Semitism with the United States delegation led by former Mayor of New York City, Ed Koch. (8) The United States Government has strongly supported efforts to address anti-Semitism through bilateral relationships and interaction with international organizations such as the OSCE, the European Union, and the United Nations. (9) Congress has consistently supported efforts to address the rise in anti-Semitic violence. During the 107th Congress, both the Senate and the House of Representatives passed resolutions expressing strong concern with the sharp escalation of anti-Semitic violence in Europe and calling on the Department of State to thoroughly document the phenomenon. (10) Anti-Semitism has at times taken the form of vilification of Zionism, the Jewish national movement, and incitement against Israel. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States Government should continue to strongly support efforts to combat anti-Semitism worldwide through bilateral relationships and interaction with international organizations such as the OSCE, the European Union, and the United Nations; and (2) the Department of State should thoroughly document acts of anti-Semitism that occur around the world. SEC. 4. REPORTS. Not later than November 15, 2004, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a one-time report on acts of anti-Semitism around the world, including a description of-- (1) acts of physical violence against, or harassment of, Jewish people, and acts of violence against, or vandalism of, Jewish community institutions, such as schools, synagogues, or cemeteries, that occurred in each country; (2) the responses of the governments of those countries to such actions; (3) the actions taken by such governments to enact and enforce laws relating to the protection of the right to religious freedom of Jewish people; (4) the efforts by such governments to promote anti-bias and tolerance education; and (5) instances of propaganda in government and nongovernment media that attempt to justify or promote racial hatred or incite acts of violence against Jewish people. SEC. 5. AUTHORIZATION FOR ESTABLISHMENT OF OFFICE TO MONITOR AND COMBAT ANTI-SEMITISM. The State Department Basic Authorities Act of 1956 is amended by adding after section 58 (22 U.S.C. 2730) the following new section: ``SEC. 59. MONITORING AND COMBATING ANTI-SEMITISM. ``(a) Office To Monitor and Combat Anti-Semitism.-- ``(1) Establishment of office.--The Secretary shall establish within the Department of State an Office to Monitor and Combat anti-Semitism (in this section referred to as the `Office'). ``(2) Head of office.-- ``(A) Special envoy for monitoring and combating anti- semitism.--The head of the Office shall be the Special Envoy for Monitoring and Combating anti-Semitism (in this section referred to as the `Special Envoy'). ``(B) Appointment of head of office.--The Secretary shall appoint the Special Envoy. If the Secretary determines that such is appropriate, the Secretary may appoint the Special Envoy from among officers and employees of the Department. The Secretary may allow such officer or employee to retain the position (and the responsibilities associated with such position) held by such officer or employee prior to the appointment of such officer or employee to the position of Special Envoy under this paragraph. ``(b) Purpose of Office.--Upon establishment, the Office shall assume the primary responsibility for-- ``(1) monitoring and combating acts of anti-Semitism and anti- Semitic incitement that occur in foreign countries; ``(2) coordinating and assisting in the preparation of that portion of the report required by sections 116(d)(7) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)(7) and 2304(b)) relating to an assessment and description of the nature and extent of acts of anti-Semitism and anti-Semitic incitement for inclusion in the annual Country Reports on Human Rights Practices; and ``(3) coordinating and assisting in the preparation of that portion of the report required by section 102(b)(1)(A)(iv) of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)(1)(A)(iv)) relating to an assessment and description of the nature and extent of acts of anti-Semitism and anti-Semitic incitement for inclusion in the Annual Report on International Religious Freedom. ``(c) Consultations.--The Special Envoy shall consult with domestic and international nongovernmental organizations and multilateral organizations and institutions, as the Special Envoy considers appropriate to fulfill the purposes of this section.''. SEC. 6. INCLUSION IN DEPARTMENT OF STATE ANNUAL REPORTS OF INFORMATION CONCERNING ACTS OF ANTI-SEMITISM IN FOREIGN COUNTRIES. (a) Inclusion in Country Reports on Human Rights Practices.--The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended-- (1) in section 116(d) (22 U.S.C. 2151n(d))-- (A) by redesignating paragraphs (8), (9), and (10), as paragraphs (9), (10), and (11), respectively; and (B) by inserting after paragraph (7) the following new paragraph: ``(8) wherever applicable, a description of the nature and extent of acts of anti-Semitism and anti-Semitic incitement that occur during the preceding year, including descriptions of-- ``(A) acts of physical violence against, or harassment of Jewish people, and acts of violence against, or vandalism of Jewish community institutions, including schools, synagogues, and cemeteries; ``(B) instances of propaganda in government and nongovernment media that attempt to justify or promote racial hatred or incite acts of violence against Jewish people; ``(C) the actions, if any, taken by the government of the country to respond to such violence and attacks or to eliminate such propaganda or incitement; ``(D) the actions taken by such government to enact and enforce laws relating to the protection of the right to religious freedom of Jewish people; and ``(E) the efforts of such government to promote anti-bias and tolerance education;''; and (2) after the fourth sentence of section 502B(b) (22 U.S.C. 2304(b)), by inserting the following new sentence: ``Wherever applicable, a description of the nature and extent of acts of anti- Semitism and anti-Semitic incitement that occur, including the descriptions of such acts required under section 116(d)(8).''. (b) Inclusion in Annual Report on International Religious Freedom.--Section 102(b)(1)(A) of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)(1)(A)) is amended-- (1) in clause (ii), by striking ``and'' at the end; (2) in clause (iii), by striking the period at the end and inserting ``; and''; and (3) by adding after clause (iii) the following new clause: ``(iv) wherever applicable, an assessment and description of the nature and extent of acts of anti- Semitism and anti-Semitic incitement that occur in that country during the preceding year, including-- ``(I) acts of physical violence against, or harassment of, Jewish people, acts of violence against, or vandalism of, Jewish community institutions, and instances of propaganda in government and nongovernment media that incite such acts; and ``(II) the actions taken by the government of that country to respond to such violence and attacks or to eliminate such propaganda or incitement, to enact and enforce laws relating to the protection of the right to religious freedom of Jewish people, and to promote anti-bias and tolerance education.''. (c) Effective Date of Inclusions.--The amendments made by subsections (a) and (b) shall apply beginning with the first report under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) and section 102(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6312(b)) submitted more than 180 days after the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Global Anti-Semitism Review Act of 2004 - (Sec. 3) Expresses the sense of Congress that: (1) the United States should continue to support efforts to combat anti-Semitism worldwide through bilateral relationships and interaction with international organizations such as the Organization for Security and Cooperation in Europe (OSCE); and (2) the Department of State should thoroughly document acts of anti-Semitism that occur around the world. (Sec. 4) Directs the Secretary of State to report by November 15, 2004, on acts of anti-Semitism around the world, including a description of: (1) acts of physical violence against, or harassment of, Jewish people, and acts of violence against, or vandalism of, Jewish community institutions; (2) governmental responses to such actions, including enactment and enforcement of laws protecting the right to religious freedom of Jewish people, and efforts to promote anti-bias and tolerance education; and (3) governmental and nongovernmental media that attempts to justify or promote violence against Jewish people. (Sec. 5) Amends the State Department Basic Authorities Act of 1956 to direct the Secretary to establish within the Department an Office to Monitor and Combat anti-Semitism, to be headed by a Special Envoy for Monitoring and Combating anti-Semitism. States that the Office shall assume primary responsibility for: (1) monitoring and combating foreign acts of anti-Semitism and anti-Semitic incitement; and (2) coordinating and assisting in the preparation of that portion of the reports relating to acts of anti-Semitism and anti-Semitic incitement for inclusion in the annual Country Reports on Human Rights Practices and in the Annual Report on International Religious Freedom. (Sec. 6) Amends the Foreign Assistance Act of 1961 and the International Religious Freedom Act of 1998, respectively, to include in Department of State annual human rights and religious freedom reports information concerning acts of anti-Semitism and anti-Semitic incitement and governmental responses.

A bill to require a report on acts of anti-Semitism around the world.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Composting Act of 1994''. SEC. 2. DEPARTMENT OF AGRICULTURE COORDINATION OF COMPOSTING. (a) Composting Program.--Subtitle F of title XIV of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624; 104 Stat. 3619) is amended by adding at the end the following new chapter: ``CHAPTER 2--COORDINATION OF COMPOSTING ``SEC. 1476. FINDINGS, PURPOSE, AND DEFINITIONS. ``(a) Findings.--The Congress finds that-- ``(1) billions of dollars are spent annually on municipal solid waste management in the United States; ``(2) a substantial portion of discarded municipal solid waste is organic material that could be separated at the generating source and composted; ``(3) approximately half of this compostable material could be diverted from the waste stream by composting at home, school, and work, and on farms, thereby avoiding at least 20 percent of the ever increasing social and economic burden of municipal solid waste management; ``(4) the incorporation in soil of organic material derived from composting enhances soil productivity by adding nutrients and natural disease suppressing factors; ``(5) greater use of compost as a soil additive will reduce erosion and run-off by increasing infiltration and permeability, thereby discouraging nonpoint source pollution; and ``(6) composting and use of soil-enriching compost on farms is the most efficient and inexpensive way for farmers to move toward sustainable agriculture. ``(b) Purpose.--The purpose of this chapter is to establish a structure to foster the development of source-separated composting and the use of the resulting compost at home, school, and work and on farms in order to demonstrate that communities can achieve `zero-discharge' of these materials. ``SEC. 1477. FEDERAL COORDINATION OF COMPOSTING AND USE OF COMPOST. ``(a) National Composting Coordinator.--In order to make the Federal Government the leader in composting and the use of compost, the Secretary of Agriculture shall appoint a national composting coordinator. ``(b) Activities of Coordinator.--The national composting coordinator shall be responsible for carrying out the following activities regarding composting: ``(1) Development of cooperative agreements with all Federal agencies to institute composting and facilitate on-site use of the resulting compost at Federal installations. ``(2) Development of Federal procurement guidelines for obtaining source-separated compost for use on public lands and promotion of the adoption of such guidelines by Federal agencies. ``(3) Establishment of a soil conservation program for compost production and use as part of the Soil Conservation Service and a cost-sharing program for compost use as part of the Agricultural Stabilization and Conservation Service protocol for organic matter management and soil loss prevention. ``(4) Implementation of a `Zero-Discharge Community Challenge', in which communities, categorized by size and region, compete for national awards or grants rewarding those communities that strive to achieve zero-discharge of compostables. ``(5) Establishment of a clearinghouse for information available to the public on composting and use of compost generated by States, Government agencies (including the Department of Agriculture), environmental groups, composting organizations and private enterprises. ``(6) Establishment of a nationwide `compost from cafeterias' demonstration program to compost organic discards from school and workplace cafeterias together with yard trimmings. ``(7) Development of compost programs in association with restaurant, grocery, and other industry where food scraps are generated. ``(8) Development of guidelines for the use of compost in agriculture and public lands in conjunction with initiatives in the Soil Conservation Service and the Agricultural Stabilization and Conservation Service and demonstration of the suitability of the guidelines through the use of compost in public programs. ``(9) Institution of outreach programs using the Cooperative Extension Service to demonstrate backyard composting for homes, schools, workplaces, and farms and promotion and coordination of cooperative composting and compost utilization programs involving farms and communities by providing training and technical support. ``SEC. 1478. DEFINITIONS. ``As used in this chapter-- ``(1) Compost.--Organic materials that have been biologically decomposed. ``(2) Composting.--The term `composting' means the controlled biological decomposition of organic matter into a stable humus. ``SEC. 1479. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to the Secretary of Agriculture to carry out this chapter $2,000,000 for each of the fiscal years 1995 through 1999.''. (b) Conforming Amendment.--Such subtitle is further amended by inserting after the subtitle heading the following: ``CHAPTER 1--ADMINISTRATION GENERALLY''. (c) Clerical Amendments.--The table of contents in section 1(b) of such Act (104 Stat. 3359) is amended-- (1) by striking the item relating to section 1446; (2) by inserting after the item relating to subtitle F of title XIV the following new item: ``Chapter 1--Administration Generally''; and (3) by inserting after the item relating to section 1473 the following new items: ``Chapter 2--Coordination of Composting ``Sec. 1476. Findings, purpose, and definitions. ``Sec. 1477. Federal coordination of composting and use of compost. ``Sec. 1478. Definitions. ``Sec. 1479. Authorization of appropriations.''. SEC. 3. INCLUSION OF COMPOST USAGE AS CONSERVATION PRACTICE ELIGIBLE FOR COST SHARE ASSISTANCE The Secretary of Agriculture shall designate use of compost as an activity eligible for Federal cost sharing under programs of the Department of Agriculture promoting soil conservation practices and the establishment or renovation of permanent vegetative cover.

National Composting Act of 1994 - Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to direct the Secretary of Agriculture to appoint a national composting coordinator to develop source-separated composting programs, guidelines, and related activities. Authorizes appropriations. Directs the Secretary to include compost usage as a conservation practice eligible for Federal cost sharing.

National Composting Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Standards for Internet Non- Censorship Act of 2010'' or the ``SINC Act of 2010''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Internet has been a tremendous force for freedom and economic development worldwide. (2) In recent years, Internet freedom has been compromised by repressive regimes that use this technology to control the free flow of information and to limit nonviolent political debate. (3) One of the most egregious violations of Internet freedom has been the enforcement of arbitrary and politically motivated censorship of search engines by repressive regimes that often force search providers to censor search results domestically and globally as a condition of doing business. (4) Access to United States Web sites by search engines around the world provides billions of dollars of market value to the owners of these search engines. (5) Search engines under the control of repressive regimes receive the economic benefit of accessing United States Web sites and use this access to provide an incomplete and distorted view of the United States and the world. (6) Repressive control and censorship of the Internet will continue to be a significant international issue that requires decisive action from the United States and other free countries. (7) The long-term future of the Internet as an unfettered source of nonviolent free speech will depend on the worldwide adoption of minimum standards of non-censorship. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the President should promptly establish interim minimum standards of non-censorship for Internet search providers and create programs to restrict access to domestic online information by search providers determined to be censoring nonviolent political speech; (2) any long-term solution to the problem of the censorship of nonviolent political speech on the Internet must include minimum standards of non-censorship set by a coalition of free countries; and (3) the President should begin negotiations with free countries to adopt minimum standards for non-censorship of nonviolent political speech as a condition for access to the Internet. SEC. 4. FEDERAL COMMUNICATIONS COMMISSION REGULATION AGAINST CENSORSHIP. (a) Regulations Against Censorship Authorized.--The Commission may commence a proceeding to adopt regulations to restrict repressive Internet search providers from accessing domestic online information. (b) Web Site.--If the Commission adopts regulations under subsection (a), the Commission shall develop, operate, and maintain a public Web site that lists such repressive Internet search providers and the reasons for finding that such Internet search providers were repressive. (c) Enforcement Authorized.--The Commission may enforce the regulations under subsection (a) using any existing enforcement authority to prevent Internet search providers and any other person or entity from colluding to evade such regulations. SEC. 5. DEVELOPMENT OF INTERNATIONAL MINIMUM STANDARDS OF NON- CENSORSHIP FOR THE INTERNET. (a) International Agreements.--The Secretary of State, in consultation with the Commission, shall seek to enter into agreements with appropriate representatives of free countries to adopt minimum standards to prevent censorship of nonviolent political speech on the Internet as a condition for connection to the Internet. (b) Restriction of the Internet.--Not earlier than 1 year after the date of enactment of this Act, the Commission may commence a proceeding to adopt regulations to restrict or prevent foreign countries and other entities that operate outside of any agreements made pursuant to subsection (a) from accessing domestic online information. SEC. 6. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Communications Commission. (2) Free country.--The term ``free country'' means a foreign country that does not censor nonviolent political speech on the Internet. (3) Internet.--The term ``Internet'' has the meaning given the term in section 231(e) of the Communications Act of 1934 (47 U.S.C. 231(e)). (4) Domestic online information.--The term ``domestic online information'' means Web sites, databases, and other digital information that is housed or hosted on computers located in the United States or any territory or possession of the United States. (5) Repressive internet search provider.--The term ``repressive Internet search provider'' means an Internet search provider that censors search results for the purpose of suppressing nonviolent political speech.

Standards for Internet Non-Censorship Act of 2010 or the SINC Act of 2010 - Declares it to be the sense of Congress that: (1) the President should establish interim minimum standards of non-censorship for Internet search providers and create programs to restrict access to domestic online information by providers determined to be censoring nonviolent political speech; (2) any long-term solution to the problem of the censorship of nonviolent political speech on the Internet must include minimum standards of non-censorship set by a coalition of free countries; and (3) the President should negotiate with free countries to adopt minimum standards for non-censorship of nonviolent political speech as a condition for access to the Internet. Authorizes the Federal Communications Commission (FCC) to begin a proceeding to adopt regulations to restrict repressive Internet search providers from accessing domestic online information. Requires the FCC, if it adopts such regulations, to develop, operate, and maintain a public website that lists repressive providers and the reasons for finding that the providers were repressive. Authorizes the FCC to enforce the regulations using any existing enforcement authority to prevent collusion to evade the regulations. Directs the Secretary of State to seek to enter into agreements with free countries to adopt minimum standards. Authorizes the FCC to begin a proceeding to adopt regulations to restrict or prevent entities that operate outside of any such agreements from accessing domestic online information.

To authorize the Federal Communications Commission to issue regulations against the censorship of Internet search results, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Florida Coast Protection Act of 1999''. SEC. 2. ENVIRONMENTAL IMPACT STATEMENT REQUIREMENTS. Section 307(c)(3) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456(c)(3)) is amended by adding at the end the following: ``(C) Necessary data and information.--For purposes of subparagraph (B), a State shall not be considered to receive all necessary data and information with respect to a plan for exploration, development, or production before the date on which the State receives a copy of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) that applies to that exploration, development, or production.''. SEC. 3. UNIFORM DOCUMENTATION REQUIREMENTS. Section 25 of the Outer Continental Shelf Lands Act (43 U.S.C. 1351(a) is amended-- (1) in paragraph (a)(1), by striking ``other than the Gulf of Mexico,'' each place it appears; and (2) by striking subsection (l). SEC. 4. OIL AND GAS DEVELOPMENT AND PRODUCTION. Section 25(e) of the Outer Continental Shelf Lands Act of 1972 (43 U.S.C. 1351(e)) is amended-- (1) by striking ``(e)(1) At least'' and inserting the following: ``(e) Major Federal Action.-- ``(1) Outside the gulf of mexico.-- ``(A) In general.--At least''; (2) by striking ``(2) The Secretary'' and inserting the following: ``(B) Preliminary and final plans.--The Secretary''; and (3) by adding at the end the following: ``(2) In the gulf of mexico.-- ``(A) In general.--The approval of a development and production plan in a covered area (as defined in section 8(p)(1)) shall be considered to be a major Federal action for the purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(B) Time for review following receipt of environmental impact statement.--In the case of a development and production plan in a covered area, the Secretary shall ensure that each affected State for which a development and production plan affects any land use or water use in the coastal zone of the State with a coastal zone management program approved under section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455), receives the final environmental impact statement not less than 180 days before determining concurrence or objection to the coastal zone consistency certification that is required to accompany the environmental impact statement under section 307(c)(3)(B) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456(c)(3)(B)).''. SEC. 5. LEASING ACTIVITY OFF THE COAST OF FLORIDA. Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended-- (1) in subsection (a)(1), by striking ``The Secretary'' and inserting ``Except as provided in subsection (p), the Secretary''; and (2) by adding at the end the following: ``(p) Leasing Activity Off the Coast of Florida.-- ``(1) Definitions.--In this subsection: ``(A) Covered area.--The term `covered area' means-- ``(i) the Eastern Gulf of Mexico Planning Area (as established by the Secretary) which is adjacent to the State of Florida as defined by 43 U.S.C. 1333(a)(2)(A); ``(ii) the Straits of Florida Planning Area (as established by the Secretary); and ``(iii) the South Atlantic Planning Area (as established by the Secretary) which is adjacent to the State of Florida as defined by 43 U.S.C. 1333(a)(2)(A); within 100 miles off the coast of Florida. ``(B) Preleasing activity.-- ``(i) In general.--The term `preleasing activity' means an activity relating to a lease that is conducted before a lease sale is held. ``(ii) Inclusions.--The term `preleasing activity' includes-- ``(I) the scheduling of a lease sale; ``(II) the issuance of a request for industry interest; ``(III) the issuance of a call for information or a nomination; ``(IV) the identification of an area for prospective leasing; ``(V) the publication of a draft or final environmental impact statement or a notice of sale; and ``(VI) the performance of any form of rotary drilling in a prospective lease area. ``(iii) Exclusions.--The term `preleasing activity' does not include an environmental, geologic, geophysical, economic, engineering, or other scientific analysis, study, or evaluation. ``(2) Prohibition of preleasing activities and lease sales.--The Secretary shall not conduct any preleasing activity or hold a lease sale under this Act in a covered area.''.

(Sec. 3) Amends the Outer Continental Shelf Lands Act to remove provisions: (1) exempting any area of the outer Continental Shelf in the Gulf of Mexico from a requirement to submit a development and production plan before development and production under an oil and gas lease; and (2) allowing the Secretary of the Interior to apply provisions relating to oil and gas development and production to a lease located in the Gulf adjacent to the State of Florida. (Sec. 4) Declares that, in the Gulf, the approval of such a plan is a major Federal action for purposes of NEPA. Directs the Secretary to ensure that each affected State receive the final environmental impact statement at least 180 days before the Secretary makes a determination on whether each plan activity complies with the those States' enforceable policies of approved management programs. (Sec. 5) Prohibits the Secretary from conducting any preleasing activity or holding a lease sale under this Act in an area within 100 miles off the coast of Florida in: (1) the Eastern Gulf of Mexico Planning Area adjacent to Florida; (2) the Straits of Florida Planning Area; or (3) the South Atlantic Planning Area.

Florida Coast Protection Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Commonwealth of Australia Free Trade Agreement Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Economic growth in the United States has been considerably enhanced by bilateral agreements to lower barriers for United States exports. (2) Increased trade and economic growth are not ends in themselves. Trade and economic growth should encourage sustainable development, raise living standards, promote higher labor standards, and enhance the welfare and quality of life of all citizens of the United States and the Commonwealth of Australia. (3) It is inappropriate to encourage trade by relaxing domestic environmental laws or domestic labor laws. (4) Countries that open their domestic markets, remove barriers to foreign direct investment, and promote free enterprise, empower their citizens to alleviate poverty and maintain social and environmental values. (5) The Commonwealth of Australia has participated fully in World Trade Organization programs and policies that promote open trade. (6) At the 1996 World Trade Organization Ministerial in Singapore, the Commonwealth of Australia reaffirmed its commitment to internationally recognized core labor standards. SEC. 3. UNITED STATES POLICY WITH RESPECT TO TRADE. It is the policy of the United States to seek the elimination of tariff and nontariff barriers in order to achieve more open market access, on a reciprocal basis, to internationally traded goods and service, through bilateral free trade agreements with like-minded countries. Such agreements should address the following: (1) National treatment and market access for agricultural and industrial products. (2) Rules for determining which goods originate in the territory of the United States and the Commonwealth of Australia. (3) Customs procedures that facilitate trade and collection of trade statistics, while ensuring the validity of claims for preferential treatment. (4) Science-based, nondiscriminatory sanitary, phytosanitary, and technical standards, including voluntary standards. (5) Safeguard provisions for industries that have sustained, or are threatened with, serious economic injury from import surges. (6) Government procurement procedures. (7) National treatment and rights of establishment for foreign direct investors. (8) National treatment and market access for traded services, including consumption of services abroad, cross- border provision of services, rights of establishment of commercial presence, and the movement of natural persons. (9) Protection of intellectual property. (10) Transparency of legal and regulatory regimes. (11) Measures to promote electronic commerce. (12) Trade-related environmental measures, and the potential for both favorable and adverse environmental impacts. (13) Adherence to internationally recognized core labor standards. SEC. 4. NEGOTIATION OF A FREE TRADE AGREEMENT WITH COMMONWEALTH OF AUSTRALIA. Subject to section 5, the President is authorized to enter into an agreement with Commonwealth of Australia consistent with the policy described section 3, and the provisions of section 151(c) of the Trade Act of 1974 (19 U.S.C. 219 1(c)) shall apply with respect to a bill to implement such agreement. SEC. 5. INTRODUCTION AND FAST TRACK CONSIDERATION OF IMPLEMENTING BILL. (a) Introduction in House of Representatives and Senate.--Whenever the President submits to Congress a bill to implement a trade agreement described in section 4, the bill shall be introduced (by request) in the House of Representatives and in the Senate as described in section 151(c) of the Trade Act of 1974 (19 U.S.C. 2191(c)). (b) Permissible Content in Implementing Legislation.--A bill to implement a trade agreement described in section 4 shall contain provisions that are necessary to implement the trade agreement, and shall include trade-related labor and environmental protection standards, but may not include amendments to title VII of the Tariff Act of 1930, title II of the Trade Act of 1974, or any antitrust law of the United States. (c) Applicability of Fast Track Procedures.--Section 151 of the Trade Act of 1974 (19 U.S.C. 2191) is amended-- (1) in subsection (b)(1), by inserting ``section 5 of the United States-Commonwealth of Australia Free Trade Agreement Act of 2001,'' after ``the Omnibus Trade and Competitiveness Act of 1988,''; and (2) in subsection (c)(1), by inserting ``or under section 5 of the United States-Commonwealth of Australia Free Trade Agreement Act of 2001,'' after ``the Uruguay Round Agreements Act,''.

United States-Commonwealth of Australia Free Trade Agreement Act of 2001 - Declares it to be U.S. policy to seek the elimination of tariff and nontariff barriers in order to achieve more open market access, on a reciprocal basis, to internationally-traded goods and services, through bilateral free trade agreements with like-minded countries.Authorizes the President to enter into a free trade agreement with the Commonwealth of Australia. Requires the inclusion of trade-related labor and environmental protection standards (but may not include amendments to title VII of the Tariff Act of 1930, title II of the Trade Act of 1974, or any U.S. antitrust laws) in any bill submitted to Congress implementing such agreement.Amends the Trade Act of 1974 to apply fast-track procedures or "trade promotion authority" (no amendments) to any implementing bill for an agreement entered under this Act.

A bill to authorize the negotiation of a Free Trade Agreement with the commonwealth of Australia, and to provide for expedited congressional consideration of such an agreement.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elementary and Secondary School Emergency Preparedness Planning Act''. SEC. 2. FINDINGS. Congress finds the following: (1) There is an immediate need for comprehensive and coordinated emergency preparedness planning support for local educational agencies and districts nationwide. (2) Local educational agencies and districts historically have had limited roles in the emergency preparedness planning process administered by other agencies and districts, have not received priority consideration in that process, and have had minimal access to funds allocated to emergency preparedness. (3) Grants made under section 3 will enable local educational agencies and districts to take an active role in emergency planning and give them access to the broad range of skills and expertise of the many other agencies or dsitricts involved in emergency planning and preparedness. SEC. 3. ELEMENTARY AND SECONDARY SCHOOL EMERGENCY PREPAREDNESS PLANNING GRANT PROGRAM. (a) Establishment.--The Secretary of Homeland Security shall establish a competitive program to make grants for emergency preparedness planning and implementation to local educational agencies and districts located in areas under a high threat of terrorist attacks, natural disasters, or public health emergencies. (b) Eligibility.--The Secretary may only award a grant under this section to a local educational agency or district that-- (1) is located near a place that is under a high threat of-- (A) terrorist attacks, as determined by the Secretary; (B) natural disasters, as determined by the Secretary, acting through the Administrator of the Federal Emergency Management Agency; or (C) public health emergencies, as determined by the Secretary, in consultation with the Director of the Centers for Disease Control and Prevention; and (2) submits an application at such time, in such form, and with such information and assurances as the Secretary may require, including-- (A) assurances that such local educational agency or district will use such grant amounts to carry out the activities in subsection (e); and (B) a budget and timeline for carrying out such activities. (c) Priority.-- (1) Initial priority.--In awarding grants under this section, the Secretary shall give priority to local educational agencies and districts located in areas with higher population densities and that are under a higher threat of terrorist attacks, natural disasters, or public health emergencies than other local educational agencies and districts eligible under subsection (b). (2) Further priority.--Among the priority local educational agencies and districts described in paragraph (1), the Secretary shall give further priority to local educational agencies and districts that have in the past demonstrated the ability to formulate and implement effective emergency preparedness plans. (d) Grant Amount.--Amounts awarded under this section shall not exceed $500,000 per local educational agency or district per fiscal year. (e) Use of Funds.-- (1) Required use of funds.-- (A) In general.--A local educational agency or district receiving a grant under this section shall use such funds to implement or to formulate and implement an emergency preparedness plan. (B) Elements of plan.--The plan required by subparagraph (A) shall provide for-- (i) the creation in the office of the superintendent or other chief executive officer of the local educational agency or district of a School Emergency Response Center to provide coordination, communication, and support for school-based emergency preparedness planning and implementation; (ii) the creation of a Regional Advisory Council chaired by the superintendent or other chief executive officer of the local educational agency or district and composed of other appropriate representatives from the local educational agency or district and from emergency management and law enforcement agencies, local public health offices, nongovernmental organizations, and other appropriate stakeholders; and (iii) the development of a plan specific to each school under the local educational agency's or district's authority for each type of emergency likely to occur in the area. (2) Permitted use of funds.--A local educational agency or district receiving a grant under this section may use any such funds remaining after complying with paragraph (1)(A) for any purpose relating to emergency preparedness planning or implementation. (f) Local Educational Agency Defined.--As used in this section, the term ``local educational agency'' has the meaning given the term in section 9101(26) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(26)), and, if applicable, such term also includes a group of local educational agencies located in the same region that are collaborating to formulate and implement an emergency preparedness plan described in subsection (e)(1). (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000, of which not more than 5 percent shall be available for the costs of administering the grant program, for each of the fiscal years 2011 through 2013.

Elementary and Secondary School Emergency Preparedness Planning Act - Requires the Secretary of Homeland Security (DHS) to establish a competitive program to make grants for emergency preparedness planning and implementation to local educational agencies and districts located in areas under a high threat of terrorist attacks, natural disasters, or public health emergencies. Directs the Secretary, in awarding grants, to give priority to: (1) local educational agencies and districts located in areas with higher population densities that are under a higher threat of terrorist attacks, natural disasters, or public health emergencies; and (2) such agencies and districts that have demonstrated the ability to formulate and implement effective emergency preparedness plans. Requires a local educational agency or district receiving a grant to use such funds to formulate and implement an emergency preparedness plan, which shall provide for: (1) the creation in the office of the superintendent or other chief executive officer of the local educational agency or district of a School Emergency Response Center; (2) the creation of a Regional Advisory Council; and (3) the development of a plan specific to each school under the local educational agency's or district's authority for each type of emergency likely to occur in the area. Permits remaining funds to be used for any purpose relating to emergency preparedness planning or implementation.

To authorize the Secretary of Homeland Security to establish a competitive program to make emergency preparedness planning and implementation grants to local educational districts/agencies located in areas under a high threat of terrorist attacks, natural disasters, or public health emergencies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Suburban and Community Forestry and Open Space Program Act of 2005''. SEC. 2. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE PROGRAM. The Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.) is amended by adding at the end the following new section: ``SEC. 21. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE PROGRAM. ``(a) Definitions.--In this section: ``(1) Committee.--The term `Committee' means a State Forest Stewardship Coordinating Committee established under section 19(b). ``(2) Eligible entity.--The term `eligible entity' means a unit of local government or a nonprofit organization that-- ``(A) the Secretary determines, in accordance with the criteria established under subsection (c)(2)(B) is eligible to receive a grant under subsection (d); and ``(B) the State forester, in consultation with the Committee, determines-- ``(i) has the abilities necessary to acquire and manage interests in real property; and ``(ii) has the resources necessary to monitor and enforce any terms applicable to the eligible project. ``(3) Eligible project.--The term `eligible project' means a fee purchase, easement, or donation of land to conserve private forest land identified for conservation under subsection (c)(2)(A). ``(4) Indian tribe.--The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). ``(5) Nonprofit organization.--The term `nonprofit organization' means any organization that is-- ``(A) described in section 501(c) of the Internal Revenue Code of 1986; and ``(B) exempt from taxation under 501(a) of the Internal Revenue Code of 1986. ``(6) Private forest land.--The term `private forest land' means land that---- ``(A) consists of at least 50 percent forest cover, with the remainder made up of-- ``(i) compatible non-forest uses, including cultivated farmlands, pastures, orchards, shrub lands, grasslands, wetlands, or open waters; or ``(ii) preexisting structures that are inseparable from the landholding and do not have a detrimental effect on conservation values; ``(B) is capable of producing commercial forest products; and ``(C) is owned by a private entity or an Indian tribe. ``(7) Program.--The term `program' means the Suburban and Community Forestry and Open Space Program established by subsection (b). ``(8) Secretary.--The term `Secretary' means the Secretary of Agriculture, acting through the Chief of the Forest Service. ``(b) Establishment and Purpose.--There is established within the Forest Service a program to be known as the `Suburban and Community Forestry and Open Space Program'. The purpose of the program is to provide assistance to eligible entities to carry out eligible projects in States in which less than 25 percent of the land is owned by the United States to-- ``(1) conserve private forest land and maintain working forests in areas threatened by significant suburban sprawl or by conversion to nonforest uses; ``(2) provide communities a means by which to address significant suburban sprawl; and ``(3) support primary and secondary value-added forest products industries and employment in areas threatened by-- ``(A) significant suburban sprawl; or ``(B) conversion to nonforest uses. ``(c) Identification of Eligible Private Forest Land and Entities.-- ``(1) National criteria.--The Secretary shall establish national eligibility criteria for the identification of private forest land that may be conserved under this section. ``(2) State criteria.--Based on the criteria established under paragraph (1), the State forester shall establish-- ``(A) criteria for the identification, subject to paragraph (4), of private forest land in each State that may be conserved under this section; and ``(B) criteria for the identification of eligible entities. ``(3) Consultation and approval.--The State criteria required under paragraph (2) shall be established in consultation with the Committee and shall be subject to the approval of the Secretary. ``(4) Conditions for eligible private forest land.--Private forest land identified for conservation using the criteria established under paragraph (2)(A) shall be land that-- ``(A) is located in a State in which less than 25 percent of the land is owned by the United States; and ``(B) as determined by the State forester, in consultation with the Committee and subject to the approval of the Secretary-- ``(i) is located in an area that is affected, or threatened to be affected, by significant suburban sprawl, taking into account housing needs in the area; and ``(ii) is threatened by present or future conversion to nonforest use. ``(d) Grant Program.-- ``(1) Grants for eligible projects.--In carrying out the program, the Secretary shall award competitive grants to eligible entities to carry out eligible projects. ``(2) Public access.--Eligible entities are encouraged to provide public access to land on which an eligible project is carried out, consistent with State law and preexisting access agreements. ``(e) Application and Stewardship Plan.-- ``(1) Submission.--An eligible entity that seeks to receive a grant under the program shall submit to the State forester-- ``(A) at such time and in such form as the Secretary shall prescribe, an application for the grant (including a description of any private forest land to be conserved using funds from the grant and a description of the extent of the threat of conversion to nonforest use); and ``(B) a stewardship plan that describes-- ``(i) the manner in which any private forest land to be conserved using funds from the grant will be managed in accordance with this section; ``(ii) the manner in which the stewardship plan will be implemented; and ``(iii) the public benefits, including economic and noneconomic benefits, to be achieved from implementation of the stewardship plan. ``(2) Assessment of need.--With respect to an application submitted under paragraph (1)(A), the State forester shall-- ``(A) assess the need for preserving working suburban forest land and open space and containing suburban sprawl in the State, taking into account the housing needs of the area in which the eligible project is to be carried out; and ``(B) submit the application and the assessment of need to the Secretary. ``(f) Review of Applications.-- ``(1) In general.--As soon as practicable after the date on which the Secretary receives an application under subsection (e), or a resubmission of an application under subparagraph (B), the Secretary shall review the application and-- ``(A) award a grant to the applicant; or ``(B) disapprove the application and provide the applicant with a statement that describes the reasons why the application was disapproved and specifies a deadline by which the applicant may resubmit the application under this subsection. ``(2) Considerations; priority.--In awarding grants under the program, the Secretary shall-- ``(A) consider the need for the eligible project based on the assessment of need submitted under subsection (e)(2) and subject to the criteria established under subsection (c); and ``(B) give priority to applicants that propose to fund eligible projects that promote-- ``(i) the preservation of suburban forest land and open space; ``(ii) the containment of suburban sprawl; ``(iii) the sustainable management of private forest land; ``(iv) community involvement in determining the objectives for eligible projects that are funded under this section; ``(v) primary and secondary value-added forest products industries and employment; ``(vi) the protection of water, wildlife, scenic and recreational resources; and ``(vii) the protection of forestlands recognized as conservation priorities within Federal, regional, State, or local watershed, open space, or other resource protection plans. ``(g) Cost Sharing.-- ``(1) In general.--The amount of a grant awarded under the program to carry out an eligible project shall not exceed 50 percent of the total cost of the eligible project. ``(2) Assurances.--As a condition of receipt of a grant under the program, an eligible entity shall provide to the Secretary such assurances as the Secretary determines are sufficient to demonstrate that the share of the cost of each eligible project that is not funded by the grant awarded under this section has been secured. ``(3) Form.--The share of the cost of carrying out any eligible project that is not funded by a grant awarded under the program may be provided in cash or in kind (including a donation of land). ``(h) Use of Grant Funds for Purchases of Land or Easements.-- ``(1) Purchases.-- ``(A) Purchase at fair market value.--Except as provided in subparagraph (B), funds made available, and grants awarded, under the program may be used to purchase private forest land or interests in private forest land (including conservation easements) only from willing sellers at fair market value. ``(B) Purchase at less than fair market value.--A sale of private forest land or an interest in private forest land at less than fair market value shall be permitted only on certification by the landowner that the sale is being entered into willingly and without coercion. ``(2) Title.--Title to private forest land or an interest in private forest land purchased under paragraph (1) may be held, as determined appropriate by the Secretary, in consultation with the State, by-- ``(A) a State; ``(B) a unit of local government; or ``(C) a nonprofit organization. ``(3) Termination of easement.--Except as provided in paragraph (4), all right, title, and interest of a unit of local government or nonprofit organization in and to a conservation easement purchased under paragraph (1) shall terminate and vest in the State if the State determines that-- ``(A) the unit of local government or nonprofit organization is unable or unwilling to enforce the terms of the conservation easement; or ``(B) the conservation easement has been modified in a way that is inconsistent with the purposes of the program. ``(4) Conveyance to another unit of local government or nonprofit organization.--If a State makes a determination under paragraph (3), the State may convey or authorize the unit of local government or nonprofit organization to convey the conservation easement to another unit of local government or nonprofit organization. ``(i) Administrative Costs.--The State, on approval of the Secretary and subject to any regulations promulgated by the Secretary, may use amounts made available under subsection (k) to pay the administrative costs of the State relating to the program. ``(j) Report.--The Secretary shall submit to Congress a report on the eligible projects carried out under this section in accordance with section 8(c) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1606(c)). ``(k) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $50,000,000 for fiscal year 2006; and ``(2) such sums as are necessary for each fiscal year thereafter.''.

Suburban and Community Forestry and Open Space Program Act of 2005 - Amends the Cooperative Forestry Assistance Act of 1978 to establish in the Forest Service the Suburban and Community Forestry and Open Space Program, which shall provide cost-share grants to preserve private forest land, contain suburban sprawl, and support value-added forest product industries in States in which less than 25 percent of the land is owned by the United States.

To amend the Cooperative Forestry Assistance Act of 1978 to establish a program to provide assistance to States and nonprofit organizations to preserve suburban forest land and open space and contain suburban sprawl.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chronic Wasting Disease Support for States Act of 2002''. SEC. 2. DEFINITIONS. In this Act: (1) Chronic wasting disease.--The term ``chronic wasting disease'' means the animal disease afflicting deer and elk that-- (A) is a transmissible disease of the nervous system resulting in distinctive lesions in the brain; and (B) belongs to the group of diseases known as transmissible spongiform encephalopathies, which group includes scrapie, bovine spongiform encephalopathy, and Cruetzfeldt-Jakob disease. (2) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). SEC. 3. FINDINGS. Congress finds the following: (1) Pursuant to State and Federal law, the States retain primacy and policy-making authority with regard to wildlife management, and nothing in this Act interferes with or otherwise affects the primacy of the States in managing wildlife generally, or managing, surveying, and monitoring the incidence of chronic wasting disease. (2) Chronic wasting disease, the fatal neurological disease found in cervids, is a fundamental threat to the health and vibrancy of deer and elk populations, and the increased occurrence of chronic wasting disease in regionally diverse locations in recent months necessitates an escalation in research, surveillance, monitoring, and management activities focused on containing and managing this lethal disease. (3) As the States move to manage existing levels of chronic wasting disease and insulate noninfected wild and captive cervid populations from the disease, the Federal Government should endeavor to provide integrated and holistic financial and technical support to these States. (4) Relevant Federal agencies should provide consistent, coherent, and integrated support structures and programs for the benefit of State wildlife and agricultural administrators, as chronic wasting disease can move freely between captive and wild cervids across the broad array of Federal, State, tribal, and local land management jurisdictions. (5) The Secretary of the Interior, the Secretary of Agriculture, and other affected Federal authorities can provide consistent, coherent, and integrated support systems under existing legal authorities. TITLE I--DEPARTMENT OF THE INTERIOR ACTIVITIES SEC. 101. NATIONAL DATABASE REGARDING CHRONIC WASTING DISEASE. (a) Information Repository.--The Secretary of the Interior, acting through the United States Geological Survey and using existing authorities, shall establish and maintain the official national database for-- (1) surveillance and monitoring data regarding chronic wasting disease in both wild and captive cervid populations and other wildlife that is collected by the Department of the Interior, the Department of Agriculture, other Federal agencies, foreign governments, Indian tribes, and State agencies assisted under this Act; and (2) other relevant information regarding chronic wasting disease received from other sources, including cooperation with foreign governments. (b) Information Source.--The national database shall be available as a resource for-- (1) Federal and State agencies, Indian tribes, and foreign governments attempting to manage and control chronic wasting disease; (2) institutions of higher education and other public or private research entities conducting research regarding chronic wasting disease; and (3) cooperating international wildlife authorities. (c) Relationship to Department of Agriculture Information Collection.--The data collected by the Department of Agriculture under title II shall be placed in the national database. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior $1,500,000 to establish and maintain the national database. Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. SEC. 102. SURVEILLANCE AND MONITORING PROGRAM REGARDING PRESENCE OF CHRONIC WASTING DISEASE IN WILD HERDS OF DEER AND ELK. (a) Program Development.--Using existing authorities, the Secretary of the Interior, acting through the United States Geological Survey, shall develop a national surveillance and monitoring program to identify-- (1) the rate of chronic wasting disease infection in wild herds of deer and elk; (2) the cause and extent of the spread of the disease; and (3) potential reservoirs of infection and vectors promoting the spread of the disease. (b) Implementation.--The Secretary of the Interior shall provide financial and technical assistance to States and Indian tribes to implement the surveillance and monitoring program for wild herds. (c) Cooperation.--In developing the surveillance and monitoring program for wild herds, the Secretary of the Interior shall consult and cooperate with State and tribal agencies responsible for managing and controlling chronic wasting disease. (d) Coordination.--The Secretary of the Interior, in cooperation with the Secretary of Agriculture, shall establish uniform standards for the collection and assessment of samples and data derived from the surveillance and monitoring program. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior $3,000,000 to establish and support the surveillance and monitoring program. Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. SEC. 103. SUPPORT FOR STATE EFFORTS TO MANAGE AND CONTROL CHRONIC WASTING DISEASE. (a) Availability of Assistance.--The Secretary of the Interior, acting through the United States Geological Survey, shall allocate funds appropriated to carry out this section directly to the State or tribal agency responsible for wildlife management for a State or Indian tribe that petitions the Secretary for a portion of such funds to develop and implement management strategies to address chronic wasting disease on lands administered by the State or Indian tribe. (b) Funding Priorities.--In determining the amounts to be allocated to States and Indian tribes under subsection (a), the Secretary of the Interior shall give priority to States and Indian tribes based on the following criteria: (1) Relative scope of incidence of chronic wasting disease on lands administered by the State or Indian tribe, with priority given to those States and Indian tribes with the highest incidence of the disease. (2) State or tribal expenditures on chronic wasting disease management, monitoring, surveillance, and research, with priority given to those States and Indian tribes that have shown the greatest financial commitment to managing, monitoring, surveying, and researching chronic wasting disease. (3) Comprehensive and integrated State or tribal policies and programs focused on chronic wasting disease management between involved State or tribal wildlife and agricultural agencies, with priority given to those States and Indian tribes that have integrated the programs and policies of all involved agencies related to chronic wasting disease management. (4) Rapid response to new outbreaks of chronic wasting disease, whether occurring in areas in which chronic wasting disease is already found or areas with first infections, with the intent of containing the disease in any new area of infection. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior $10,000,000 to support State and tribal efforts to manage and control chronic wasting disease. Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. SEC. 104. EXPANSION OF UNITED STATES GEOLOGICAL SURVEY RESEARCH. (a) Expansion.--The Secretary of Interior, acting through the United States Geological Survey, shall expand and accelerate research on chronic wasting disease, including research regarding detection of chronic wasting disease, genetic resistance, tissue studies, and environmental studies. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior $3,000,000 to carry out subsection (a). Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. TITLE II--DEPARTMENT OF AGRICULTURE ACTIVITIES SEC. 201. SURVEILLANCE AND MONITORING PROGRAM REGARDING PRESENCE OF CHRONIC WASTING DISEASE IN CAPTIVE HERDS OF DEER AND ELK. (a) Program Development.--The Secretary of Agriculture, acting through the Animal and Plant Health Inspection Service, shall develop a surveillance and monitoring program to identify-- (1) the rate of chronic wasting disease infection in captive herds of deer and elk; (2) the cause and extent of the spread of the disease; and (3) potential reservoirs of infection and vectors promoting the spread of the disease. (b) Implementation.--The Secretary of Agriculture shall provide financial and technical assistance to States and Indian tribes to implement the surveillance and monitoring program for captive herds. (c) Cooperation.--In developing the surveillance and monitoring program for captive herds, the Secretary of Agriculture shall cooperate with State and tribal agencies responsible for managing and controlling chronic wasting disease. (d) Coordination.--The Secretary of Agriculture, in cooperation with the Secretary of the Interior, shall establish uniform standards for the collection and assessment of samples and data derived from the surveillance and monitoring program. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture $2,000,000 to establish and support the surveillance and monitoring program. Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. SEC. 202. EXPANSION OF DIAGNOSTIC TESTING CAPACITY. (a) Purpose.--Diagnostic testing of samples collected under the surveillance and monitoring programs regarding chronic wasting disease conducted by the Federal Government and States and Indian tribes, including the programs required by sections 102 and 201, will continue to be conducted by National Veterinary Services Laboratories of the Animal and Plant Health Inspection Service and laboratories approved by the National Veterinary Services Laboratories, but current laboratory capacity is inadequate to process the anticipated sample load. (b) Upgrading of Federal Facilities.--The Secretary of Agriculture shall provide for the upgrading of Federal laboratories to facilitate the timely processing of samples from the surveillance and monitoring programs required by sections 102 and 201 and related epidemiological investigation in response to the results of such processing. (c) Upgrading of Certified Laboratories.--Using the grant authority provided under section 2(d) of the Competitive, Special and Facilities Research Grant Act (7 U.S.C. 450i(d)), the Secretary of Agriculture shall make grants to provide for the upgrading of laboratories to be certified by the Secretary to facilitate the timely processing of samples from the surveillance and monitoring programs required by sections 102 and 201 and related epidemiological investigation in response to the results of such processing. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture $2,500,000 to carry out this section. Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. SEC. 203. EXPANSION OF AGRICULTURAL RESEARCH SERVICE RESEARCH. (a) Expansion.--The Secretary of Agriculture, acting through the Agricultural Research Service, shall expand and accelerate research on chronic wasting disease, including research regarding detection of chronic wasting disease, genetic resistance, tissue studies, and environmental studies. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture $1,000,000 to carry out subsection (a). Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. SEC. 204. EXPANSION OF COOPERATIVE STATE RESEARCH, EDUCATION AND EXTENSION SERVICE SUPPORTED RESEARCH AND EDUCATION. (a) Research Efforts.--The Secretary of Agriculture, acting through the Cooperative State Research, Education and Extension Service, shall expand the grant program regarding research on chronic wasting disease. (b) Educational Efforts.--The Secretary of Agriculture shall provide educational outreach regarding chronic wasting disease to the general public, industry and conservation organizations, hunters, and interested scientific and regulatory communities. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture $4,000,000 to carry out this section. Of the funds so appropriated, 75 percent shall be used to carry out subsection (a) and 25 percent shall be used to carry out subsection (b). Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. TITLE III--GENERAL PROVISIONS SEC. 301. RULEMAKING. (a) Joint Rulemaking.--To ensure that the surveillance and monitoring programs and research programs required by this Act are compatible and that information collection is carried out in a manner suitable for inclusion in the national database required by section 101, the Secretary of the Interior and the Secretary of Agriculture shall jointly promulgate rules to implement this Act. (b) Procedure.--Due to the serious consequences of an unchecked chronic wasting disease epidemic, prompt implementation of this Act is required. The promulgation of the rules under subsection (a) shall be made without regard to-- (1) chapter 35 of title 44, United States Code (commonly know as the ``Paperwork Reduction Act''); (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) the notice and comment provisions of section 553 of title 5, United States Code. (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary of the Interior and the Secretary of Agriculture shall use the authority provided under section 808 of title 5, United States Code. (d) Relation to Other Rulemaking.--The requirement for joint rulemaking shall not be construed to require any delay in the promulgation by the Secretary of Agriculture of rules regarding the interstate transportation of captive deer or elk or any other rule by the Secretary of Agriculture or the Secretary of the Interior regarding chronic wasting disease proposed before the date of the enactment of this Act.

Chronic Wasting Disease Support for States Act of 2002 - Defines "chronic wasting disease" as a transmissible disease of the nervous system afflicting deer and elk.Directs the Secretary of the Interior to establish and maintain the official national database for surveillance and monitoring data regarding chronic wasting disease. Makes the database available to Federal and State agencies, Indian tribes, foreign governments, institutions of higher education, and international wildlife authorities.Directs the Secretary of the Interior (through the U.S. Geological Survey) and the Secretary of Agriculture (through the Animal and Plant Health Inspection Service) to develop surveillance and monitoring programs to identify: (1) the rate of infection; (2) the cause and extent of the spread of the disease; and (3) areas promoting spread of the disease. Requires the Secretaries to cooperate with State and tribal agencies in developing the monitoring programs. Authorizes the Secretaries to establish standards for the collection and assessment of data.Directs the Secretary of the Interior to allocate funds to State and tribal agencies for developing and implementing disease management strategies based upon: (1) the relative scope of incidence of the disease; (2) expenditures on disease management; (3) comprehensive and integrated programs for disease management between wildlife and agricultural agencies; and (4) rapid response to outbreaks.Directs the Secretary of the Interior (through the U.S. Geological Survey) to expand and accelerate research on the disease.Directs the Secretary of Agriculture: (1) to provide for the upgrading of Federal laboratories approved to process samples from the surveillance and monitoring programs; and (2) expand and accelerate research on the disease through the Agricultural Research Service and Cooperative State Research grant programs.

To provide for a multi-agency cooperative effort to encourage further research regarding the causes of chronic wasting disease and methods to control the further spread of the disease in deer and elk herds, to monitor the incidence of the disease, to support State efforts to control the disease, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Transform America Transaction Fee Act of 2005''. SEC. 2. FINDINGS. The Congress finds the following: (1) An effective stimulus plan meets the criteria of job creation, fiscal responsibility, fairness, targeting of unmet needs, tax reform and revenue sharing. (2) The current tax structure creates economic distortions that limit growth and job creation. (3) The estimated cost of compliance to taxpayers is five billion hours and approximately $200 billion. (4) The tax code produces inefficiency in revenue raising that forces the nation to struggle unnecessarily under the burden of unequal and inadequate systems of public education and health care, a crumbling physical and social services infrastructure, and a crushing national debt. (5) Implementing a transaction fee will provide the structure to maintain current expenditures on defense-related activities without sacrificing expenditures on additional important national priorities. (6) Restructuring the tax code will promote economic prosperity. (7) Replacing existing Federal taxes with a fee on transactions eliminates systemic inefficiency that plagues the current tax code. (8) Economic analyses have estimated a transaction fee would allow businesses to undertake projects that are not profitable in the current tax system, and workers would be more willing to supply labor. (9) Responsible tax reform is necessary for all to enjoy financial security, economic prosperity, educational opportunities, and affordable health care. (10) Therefore, the Department of the Treasury shall prepare a comprehensive analytical report to achieve these stated goals. SEC. 3. STUDY ON THE IMPLEMENTATION OF A TRANSACTION FEE. (a) In General.--The Secretary of the Treasury shall conduct an in- depth study on the implementation of a transaction fee in the United States. In particular, such study shall include a comprehensive analytical report of the proposal outlined in subsection (b) (as well as an implementation/action plan) to replace all existing Federal taxes with a per transaction fee based on the value of the transaction. (b) Transaction Fee Proposal.-- (1) In general.--The fee under the proposal would apply to all non-cash transactions (including checks, credit cards, transfers of stocks, bonds, and other financial instruments) and all high-dollar cash transactions. (2) Potential exclusions.--The fee would not apply to-- (A) cash transactions of less than $500, (B) salaries and wages by employers to employees, and (C) transactions involving individual savings instruments through financial institutions. (3) Cash withdrawals from financial institutions.--The fee under the proposal would apply to cash withdrawals from financial institutions and be set at a rate that is either double or higher than the standard transaction fee. (4) Fee rate.-- (A) In general.--The fee rate is set at a level sufficient to generate revenues equal to revenues under the Internal Revenue Code of 1986. (B) Other potential uses of fee.--The fee rate could be structured to cover 1 or more of the following: (i) A national debt reduction plan requiring elimination of the current national debt of $7.7 trillion over a period of 10 years, with equal annual payments. (ii) A Federal revenue sharing program providing funding to States to support 50 percent of the K-16 education costs of each State which agrees to adopt an equitable public school finance system. (iii) A plan to meet the promised levels of certain provisions listed under the National Security Intelligence Reform Act of 2004 (Public Law 108-458), including those sections related to air cargo security (subtitle C of title IV of such Act), detention bed space (section 5204 of such Act), and border patrol agents (section 5202 of such Act); to create a dedicated funding stream for port security and improvements at levels recommended by the United States Coast Guard; and to increase expenditures for first responder grant programs funded under the Department of Homeland Security. (iv) A Federal program providing quality health care insurance coverage (for the current estimated 45 million uninsured Americans). (v) An increase in the military basic pay rate to a level comparable with that of Federal civilian pay, considering, but not being limited to, the following criteria: age, education, skills, years of service, and responsibilities. (vi) A Federal revenue sharing program supporting community and economic development investments in new markets (rural and urban areas) at a level equal to 10 percent of current Federal tax revenues. (vii) A plan to increase the pay for National Guard and Reserve soldiers to that of active duty military for periods of extended deployments abroad. (viii) A Social Security and Medicare solvency plan ensuring that revenues continue to exceed expected outlays. (5) Progressivity.--The base standard transaction fee shall not be greater than 1 percent for all noncash transactions under $500. If more revenues are needed to meet the requirements of paragraph (4), the Secretary of the Treasury would calculate the minimum level of progressivity required to cover these costs. This progressivity factor may include-- (A) a higher transaction fee for all transactions above $500, and (B) a progressive schedule of rates to tiered ranges of transactions above $500. (6) General provisions.-- (A) Liability for fee.--Persons become liable for the fee at the moment the person exercises control over a piece of property or service, regardless of the payment method. (B) Collection.--The fees will be collected by the seller or financial institution servicing the transaction. (c) Report of Study.-- (1) In general.--The results of the study shall be submitted to the Congress by the Secretary of the Treasury in a comprehensive analytical report, detailing-- (A) the methodology employed in the calculation of the fee rate, (B) the factors considered in assessing feasibility of the proposed revenue generating system and the weight applied to each, and (C) the portion of the transaction fee attributable to each of the programs identified in subsection (b)(4)(B) and the methodology used to calculate each. (2) Other requirements.--The study shall (in the following order)-- (A) compute the fee needed to meet current revenue generation, (B) compute the fee needed to meet revenue neutrality and generate additional revenue to support the program described in subsection (b)(4)(B)(i) (relating to national debt reduction plan), (C) compute the fee needed to meet revenue neutrality and generate additional revenue to support all the programs described in subsection (b)(4)(B), and (D) determine the utility of pegging changes in the transaction fee schedule of rates to the rate of inflation. (3) Comparative analysis.--The study shall include a comparative analysis of the existing revenue-raising system versus the proposed fee-based system on economic behavior. The study shall include an analysis of effect of the 2 systems on-- (A) job creation, (B) economic growth, (C) consumption, (D) investments, and (E) savings levels. (4) Types of transactions.--The study shall include a broad-based examination of all types and categories of transactions, including information on frequency and value of transactions in each category. (5) Impact of exemptions.--The study shall examine the impact of the transaction fee exemption for all cash transactions under $500. (6) Program operations.--The study shall provide instructions on program operations, including-- (A) transaction fee collection, (B) transaction fee implementation, and (C) transaction fee compliance, enforcement, and administrative costs. (7) Distortions.--The study shall include an analysis, prepared by the Secretary of the Treasury in consultation with the Secretaries of Commerce and Labor, offering methods of preventing and relieving potential distortions among economic sectors created by the implementation of the transaction fee. The study shall also include an analysis of the feasibility of temporarily (for a period of not longer than 1 year) reducing the fee rate (as otherwise determined in subsection (b)(4)) applicable to an economic sector if such sector is experiencing pronounced economic distress. (8) Fee as tool of fiscal policy.--The study shall assess the transaction fee as a tool of Federal fiscal policy, including an impact analysis on the elimination or retention of existing tax expenditures, incentives, penalties, and credits. The study should also research and comment on options for rebating citizens currently not subject to Federal income taxes or other current aspects of the Federal tax code including, but not limited to-- (A) the earned income credit, (B) the alternative minimum tax, (C) the child tax credit, and (D) the deduction for mortgage interest. (9) Impact of fee by income levels.--The study shall include an assessment of the impact of the transaction fee by quartile income levels. (10) Implementation plan.--The study shall include a detailed action plan on how best to implement a transaction fee in the United States and shall include information on timeline, agency reform, potential pertinent regulatory issues, and type of congressional action needed. (11) Internal revenue service.--The study shall-- (A) assume the transition and grandfathering of all existing personnel of the Internal Revenue Service, (B) examine elements of the current Internal Revenue Service needed to administer the transaction fee, and (C) examine the feasibility of modifying the overall mission and jurisdiction of the Internal Revenue Service from one focused on tax law application to one focused on uncovering waste, fraud, and abuse throughout the Federal Government. (d) Due Date.--The report of the study shall be submitted to the Congress not later than 1 year after the date of the enactment of this Act.

Comprehensive Transform America Transaction Fee Act of 2005 - Directs the Secretary of the Treasury to conduct an in-depth study on the implementation of a transaction fee in the United States to replace all existing Federal taxes. Sets forth guidelines for such study, including: (1) an identification of the transactions to which such fee would apply; (2) exclusions from such fee; (3) the rate of such fee; (4) potential uses for revenue from such fee; (5) progressivity standards; and (6) general matters, including point of liability for such fee and responsibility for collection. Requires the Secretary to report to Congress on the results of such study within one year after the enactment of this Act with a comprehensive analysis of various aspects of the transaction fee, including revenue generation, impact on the national economy, and implementation.

To require a study and comprehensive analytical report on transforming America by reforming the Federal tax code through elimination of all Federal taxes on individuals and corporations and replacing the Federal tax code with a transaction fee-based system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Individual Health Insurance Marketplace Improvement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Before the passage of the Patient Protection and Affordable Care Act (Public Law 114-148) in 2010, Americans with pre-existing conditions faced unfair barriers to accessing health insurance coverage and health care costs had risen rapidly for decades. (2) Since 2010, the rate of uninsured Americans has declined to a historic low, with more than 20,000,000 Americans gaining access to health insurance coverage. (3) Since 2010, America has experienced the slowest growth in the price of health care in over five decades. (4) Thanks to the Patient Protection and Affordable Care Act (Public Law 114-148), Americans can no longer be denied insurance or charged more on the basis of their health status, more Americans than ever have insurance, and the health care they receive is continually improving. (5) Starting in 2016, independent, non-partisan organizations, including the Congressional Budget Office, have determined that the individual health insurance markets have stabilized and improved. (6) The cost-sharing reduction payments in the Patient Protection and Affordable Care Act provide stability in the individual health insurance market, lower insurance premiums by nearly 20 percent, and encourage competition among health insurers. The payments reduce costs for approximately 6,000,000 people with incomes below 250 percent of the poverty line by an average of about $1,100 per person and should be increased to help more Americans. (7) Risk mitigation programs, such as the reinsurance program for the Medicare Part D prescription drug benefit program, have provided additional stability to the health insurance markets, restrained premium growth, and lowered taxpayer costs by helping health insurers predict and bear risk associated with managing health care costs for a population. (8) From 2014 to 2016, the temporary reinsurance program established under the Affordable Care Act helped to stabilize the new insurance marketplaces and reduced insurance premiums in the individual health insurance market by as much as 10 percent. (9) Throughout his Presidential campaign, the President of the United States repeatedly promised the American people that his health care plan will result in reduced rates of uninsured, lower costs, and higher quality care, stating on January 14, 2017, that ``We're going to have insurance for everybody. There was a philosophy in some circles that if you can't pay for it, you don't get it. That's not going to happen with us''; and on January 25, 2017, that ``I can assure you, we are going to have a better plan, much better health care, much better service treatment, a plan where you can have access to the doctor that you want and the plan that you want. We're gonna have a much better health care plan at much less money''. (10) The goal of any health care legislation should be to build on the Affordable Care Act to continue expanding coverage and make health care more affordable for Americans. Improving affordability and expanding coverage will also broaden the individual market risk pool, contributing to lower premiums and strengthening market stability. SEC. 3. INDIVIDUAL MARKET REINSURANCE FUND. (a) Establishment of Fund.-- (1) In general.--There is established the ``Individual Market Reinsurance Fund'' to be administered by the Secretary to provide funding for an individual market stabilization reinsurance program in each State that complies with the requirements of this section. (2) Funding.--There is appropriated to the Fund, out of any moneys in the Treasury not otherwise appropriated, such sums as are necessary to carry out this section (other than subsection (c)) for each calendar year beginning with 2018. Amounts appropriated to the Fund shall remain available without fiscal or calendar year limitation to carry out this section. (b) Individual Market Reinsurance Program.-- (1) Use of funds.--The Secretary shall use amounts in the Fund to establish a reinsurance program under which the Secretary shall make reinsurance payments to health insurance issuers with respect to high-cost individuals enrolled in qualified health plans offered by such issuers that are not grandfathered health plans or transitional health plans for any plan year beginning with the 2018 plan year. This subsection constitutes budget authority in advance of appropriations Acts and represents the obligation of the Secretary to provide payments from the Fund in accordance with this subsection. (2) Amount of payment.--The payment made to a health insurance issuer under subsection (a) with respect to each high-cost individual enrolled in a qualified health plan issued by the issuer that is not a grandfathered health plan or a transitional health plan shall equal 80 percent of the lesser of-- (A) the amount (if any) by which the individual's claims incurred during the plan year exceeds-- (i) in case of the 2018, 2019, or 2020 plan year, $50,000; and (ii) in the case of any other plan year, $100,000; or (B) for plan years described in-- (i) subparagraph (A)(i), $450,000; and (ii) subparagraph (A)(ii), $400,000. (3) Indexing.--In the case of plan years beginning after 2018, the dollar amounts that appear in subparagraphs (A) and (B) of paragraph (2) shall each be increased by an amount equal to-- (A) such amount; multiplied by (B) the premium adjustment percentage specified under section 1302(c)(4) of the Affordable Care Act, but determined by substituting ``2018'' for ``2013''. (4) Payment methods.-- (A) In general.--Payments under this subsection shall be based on such a method as the Secretary determines. The Secretary may establish a payment method by which interim payments of amounts under this subsection are made during a plan year based on the Secretary's best estimate of amounts that will be payable after obtaining all of the information. (B) Requirement for provision of information.-- (i) Requirement.--Payments under this subsection to a health insurance issuer are conditioned upon the furnishing to the Secretary, in a form and manner specified by the Secretary, of such information as may be required to carry out this subsection. (ii) Restriction on use of information.-- Information disclosed or obtained pursuant to clause (i) is subject to the HIPAA privacy and security law, as defined in section 3009(a) of the Public Health Service Act (42 U.S.C. 300jj- 19(a)). (5) Secretary flexibility for budget neutral revisions to reinsurance payment specifications.--If the Secretary determines appropriate, the Secretary may substitute higher dollar amounts for the dollar amounts specified under subparagraphs (A) and (B) of paragraph (2) (and adjusted under paragraph (3), if applicable) if the Secretary certifies that such substitutions, considered together, neither increase nor decease the total projected payments under this subsection. (c) Outreach and Enrollment.-- (1) In general.--During the period that begins on January 1, 2018, and ends on December 31, 2020, the Secretary shall award grants to eligible entities for the following purposes: (A) Outreach and enrollment.--To carry out outreach, public education activities, and enrollment activities to raise awareness of the availability of, and encourage enrollment in, qualified health plans. (B) Assisting individuals transition to qualified health plans.--To provide assistance to individuals who are enrolled in health insurance coverage that is not a qualified health plan enroll in a qualified health plan. (C) Assisting enrollment in public health programs.--To facilitate the enrollment of eligible individuals in the Medicare program or in a State Medicaid program, as appropriate. (D) Raising awareness of premium assistance and cost-sharing reductions.--To distribute fair and impartial information concerning enrollment in qualified health plans and the availability of premium assistance tax credits under section 36B of the Internal Revenue Code of 1986 and cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act, and to assist eligible individuals in applying for such tax credits and cost- sharing reductions. (2) Eligible entities defined.-- (A) In general.--In this subsection, the term ``eligible entity'' means-- (i) a State; or (ii) a nonprofit community-based organization. (B) Enrollment agents.--Such term includes a licensed independent insurance agent or broker that has an arrangement with a State or nonprofit community- based organization to enroll eligible individuals in qualified health plans. (C) Exclusions.--Such term does not include an entity that-- (i) is a health insurance issuer; or (ii) receives any consideration, either directly or indirectly, from any health insurance issuer in connection with the enrollment of any qualified individuals or employees of a qualified employer in a qualified health plan. (3) Priority.--In awarding grants under this subsection, the Secretary shall give priority to awarding grants to States or eligible entities in States that have geographic rating areas at risk of having no qualified health plans in the individual market. (4) Funding.--Out of any moneys in the Treasury not otherwise appropriated, $500,000,000 is appropriated to the Secretary for each of calendar years 2018 through 2020, to carry out this subsection. (d) Reports to Congress.-- (1) Annual report.--The Secretary shall submit a report to Congress, not later than January 21, 2019, and each year thereafter, that contains the following information for the most recently ended year: (A) The number and types of plans in each State's individual market, specifying the number that are qualified health plans, grandfathered health plans, or health insurance coverage that is not a qualified health plan. (B) The impact of the reinsurance payments provided under this section on the availability of coverage, cost of coverage, and coverage options in each State. (C) The amount of premiums paid by individuals in each State by age, family size, geographic area in the State's individual market, and category of health plan (as described in subparagraph (A)). (D) The process used to award funds for outreach and enrollment activities awarded to eligible entities under subsection (c), the amount of such funds awarded, and the activities carried out with such funds. (E) Such other information as the Secretary deems relevant. (2) Evaluation report.--Not later than January 31, 2022, the Secretary shall submit to Congress a report that-- (A) analyzes the impact of the funds provided under this section on premiums and enrollment in the individual market in all States; and (B) contains a State-by-State comparison of the design of the programs carried out by States with funds provided under this section. (e) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Department of Health and Human Services. (2) Fund.--The term ``Fund'' means the Individual Market Reinsurance Fund established under subsection (a). (3) Grandfathered health plan.--The term ``grandfathered health plan'' has the meaning given that term in section 1251(e) of the Patient Protection and Affordable Care Act. (4) High-cost individual.--The term ``high-cost individual'' means an individual enrolled in a qualified health plan (other than a grandfathered health plan or a transitional health plan) who incurs claims in excess of $50,000 during a plan year. (5) State.--The term ``State'' means each of the 50 States and the District of Columbia. (6) Transitional health plan.--The term ``transitional health plan'' means a plan continued under the letter issued by the Centers for Medicare & Medicaid Services on November 14, 2013, to the State Insurance Commissioners outlining a transitional policy for coverage in the individual and small group markets to which section 1251 of the Patient Protection and Affordable Care Act does not apply, and under the extension of the transitional policy for such coverage set forth in the Insurance Standards Bulletin Series guidance issued by the Centers for Medicare & Medicaid Services on March 5, 2014, February 29, 2016, and February 13, 2017.

Individual Health Insurance Marketplace Improvement Act This bill establishes and provides funds for an individual market stabilization reinsurance program to be administered in each state by the Department of Health and Human Services (HHS). Under the program, HHS shall make reinsurance payments to health insurance issuers with respect to high-cost individuals enrolled in certain qualified health plans offered by the issuers. HHS shall award grants to states or nonprofit community-based organizations to raise awareness of, and encourage enrollment in, qualified health plans.

Individual Health Insurance Marketplace Improvement Act

TITLE I--THE DISABLED VETERANS MEMORIAL SECTION 101. AUTHORITY TO ESTABLISH MEMORIAL. (a) In General.--Notwithstanding section 3(c) of Public Law 99-652, as amended (40 U.S.C. 1003(c)), the Disabled Veterans' LIFE Memorial Foundation is authorized to establish a memorial on Federal land in the District of Columbia or its environs to honor disabled veterans who have served in the Armed Forces of the United States. (b) Compliance With Standards for Commemorative Works.--The establishment of the memorial authorized by subsection (a) shall be in accordance with the Act entitled ``An Act to provide standards for placement of commemorative works on certain Federal lands in the District of Columbia and its environs, and for other purposes'', approved November 14, 1986 (40 U.S.C. 1001 et seq.). SEC. 102. PAYMENT OF EXPENSES. The Disabled Veterans' LIFE Memorial Foundation shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the memorial authorized by section 1(a). No Federal funds may be used to pay any expense of the establishment of the memorial. SEC. 103. DEPOSIT OF EXCESS FUNDS. If, upon payment of all expenses of the establishment of the memorial authorized by section 1(a) (including the maintenance and preservation amount provided for in section 8(b) of the Act referred to in section 1(b)), or upon expiration of the authority for the memorial under section 10(b) of such Act, there remains a balance of funds received for the establishment of the memorial, the Disabled Veterans' LIFE Memorial Foundation shall transmit the amount of the balance to the Secretary of the Treasury for deposit in the account provided for in section 8(b)(1) of such Act. TITLE II--COMMEMORATIVE WORKS ACT AMENDMENTS SEC. 201. SHORT TITLE This title may be cited as the ``Commemorative Works Clarification and Revision Act of 2000''. SEC. 202. REFERENCE TO COMMEMORATIVE WORKS ACT. (a) In this title the term ``Act'' means the Commemorative Works Act of 1986, as amended (Public Law 99-652; 40 U.S.C. 1001 et seq.). SEC. 203. CLARIFICATIONS AND REVISIONS TO THE ACT. (a) Section 1(b) of the Act (40 U.S.C. 1001(b)) is amended by striking the semicolon and inserting ``and its environs, and to encourage the location of commemorative works within the urban fabric of the District of Columbia;''. (b) Section 2 of the Act (40 U.S.C. 1002) is amended as follows: (1) In subsection (c) by striking ``or a structure which is primarily used for other purposes'' and inserting ``that is not a commemorative work as defined by this Act''; (2) In subsection (d) by striking ``person'' and inserting ``sponsor''; (3) In subsection (e) by striking ``Areas I and II as depicted on the map numbered 869/86501, and dated May 1, 1986', and insert ``the Reserve, Area I, and Area II as depicted on the map numbered 869/86501A, and dated March 23, 2000''; (4) By redesignating subsection (e) as subsection (f); and (5) By adding a new subsection (e) as follows: ``(e) the term ``Reserve'' means the great cross-axis of the Mall, which is a substantially completed work of civic art and which generally extends from the U.S. Capitol to the Lincoln Memorial, and from the White House to the Jefferson Memorial, as depicted on the map described in subsection (f);''. (c) Section 3 of the Act (40 U.S.C. 1003) is amended as follows: (1) In subsection (b)-- (A) by striking ``work commemorating a lesser conflict'' and inserting ``work solely commemorating a limited military engagement''; (B) by striking ``10'' and inserting ``25''; and (C) by striking ``the event.'' and inserting ``such war or conflict.''. (2) In subsection (c) by striking ``other than a military commemorative work as described in subsection (b) of this section''; and (3) In subsection (d) by striking ``House Oversight'' and inserting ``Resources''. (d) Section 4 of the Act (40 U.S.C. 1004) is amended as follows: (1) By amending subsection (a) to read as follows: ``(a) The National Capital Memorial Commission is hereby established and shall include the following members or their designees: ``(1) Director, National Park Service (who shall serve as Chairman); ``(2) Architect of the Capitol; ``(3) Chairman, American Battle Monuments Commission; ``(4) Chairman, Commission of Fine Arts; ``(5) Chairman, National Capital Planning Commission; ``(6) Mayor, District of Columbia; ``(7) Commissioner, Public Buildings Service, General Services Administration; and ``(8) Secretary, Department of Defense.''; and (2) In subsection (b) by striking ``Administrator'' and inserting ``Administrator (as appropriate)''. (e) Section 5 of the Act (40 U.S.C. 1005) is amended-- (1) By striking ``Administrator'' and inserting ``Administrator (as appropriate)'' and (2) By striking ``869/8501, and dated May 1, 1986.'' and inserting ``869/8501A, and dated March 23, 2000.''. (f) Section 6 of the Act (40 U.S.C. 1006) is amended as follows: (1) In subsection (a) by striking ``3(b)'' and inserting ``3(d)''; (2) By redesignating subsections (a) and (b) as subsections (b) and (c), respectively; and (3) by adding a new subsection (a) as follows: ``(a) Sites for commemorative works shall not be authorized within the Reserve after January 1, 2000.''. (g) Section 7 of the Act (40 U.S.C. 1007) is amended as follows: (1) By striking ``person'' and inserting ``sponsor'' each place it appears; (2) In subsection (a) by striking ``designs'' and inserting ``design concepts''; (3) In subsection (b) by striking ``and Administrator'' and inserting ``or Administrator (as appropriate)''; (4) In subsection (b)(2) by striking ``open space and existing public use; and'' and inserting ``open space, existing public use, and cultural and natural resources;''; (5) In subsection (b)(3) by striking the period at the end and inserting a semicolon; and (6) by adding the following new paragraphs: ``(4) No commemorative work primarily designed as a museum may be located on lands under the jurisdiction of the Secretary in Area I or in East Potomac Park as depicted on the map referenced in subsection 2(f); ``(5) The National Capital Planning Commission and the Commission of Fine Arts may develop such criteria or guidelines specified to each site that are mutually agreed upon to ensure that the design of the commemorative work carries out the purposes of this Act; and'' ``(6) Donor contributions to commemorative works shall not be acknowledged in any manner as part of the commemorative work or its site.''. (h) Section 8 of the Act (40 U.S.C. 1008) is amended as follows: (1) In subsections (a)(3) and (a)(4) and in subsection (b) by striking ``person'' each place it appears and inserting ``sponsor''. (2) By amending subsection (b) to read as follows: ``(b) In addition to the foregoing criteria, no construction permit shall be issued unless the sponsor authorized to construct the commemorative work has donated an amount equal to 10 percent of the total estimated cost of construction to offset the costs of perpetual maintenance and preservation of the commemorative work. All such proceeds shall be available for the nonrecurring repair of the sponsor's commemorative work pursuant to the provisions of this subsection. The provisions of this subsection shall not apply in instances when the commemorative work is constructed by a department or agency of the Federal Government and less than 50 percent of the funding for such work is provided by private sources: ``(1) Notwithstanding any other provision of law, money on deposit in the Treasury on the date of enactment of this subsection provided by a sponsor for maintenance pursuant to this subsection shall be credited to a separate account in the Treasury. ``(2) Money provided by a sponsor pursuant to the provisions of this subsection after the date of enactment of the Commemorative Works Clarification and Revision Act of 2000 shall be credited to a separate account with the National Park Foundation. ``(3) Upon request, the Secretary of the Treasury or the National Park Foundation shall make all or a portion of such moneys available to the Secretary or the Administrator (as appropriate) for the maintenance of a commemorative work. Under no circumstances may the Secretary or Administrator request funds from a separate account exceeding the total money in the account established under paragraph (1) or (2). The Secretary and the Administrator shall maintain an inventory of funds available for such purposes. Funds provided under this paragraph shall be available without further appropriation and shall remain available until expended.''. (3) By amending subsection (c) to read as follows: ``(c) The sponsor shall be required to submit to the Secretary or the Administrator (as appropriate) an annual report of operations, including financial statements audited by an independent certified public accountant, paid for by the sponsor authorized to construct the commemorative work.''. (i) Section 9 of the Act (40 U.S.C. 1009) is hereby repealed. (j) Section 10 of the Act (40 U.S.C. 1010) is amended as follows: (1) by amending subsection (b) to read as follows: ``(b) Any legislative authority for a commemorative work shall expire at the end of the seven-year period beginning on the date of the enactment of such authority, or at the end of the seven-year period beginning on the date of the enactment of legislative authority to locate the commemorative work within Area I where such addition authority has been granted, unless: ``(1) the Secretary or the Administrator (as appropriate) has issued a construction permit for the commemorative work during that period; or ``(2) the Secretary or the Administrator, in consultation with the National Capital Memorial Commission, has made a determination that final design approvals have been obtained from the National Capital Planning Commission and the Commission of Fine Arts and that 75 percent of the amount estimated to be required to complete the memorial has been raised. If these two conditions have been met, the Secretary or the Administrator may extend the 7-year legislative authority for a period not to exceed three years from the date of expiration. Upon expiration of the legislative authority, any previous site and design approvals will also expire.''; and (2) By adding a new subsection (f) as follows: ``(f) The National Capital Planning Commission, in coordination with the Commission of Fine Arts and the National Capital Memorial Commission, shall complete its master plan to guide the location and development of future memorials outside the Reserve for the next 50 years, including evaluation of and guidelines for potential sites.''. SEC. 204. PREVIOUSLY APPROVED MEMORIALS. Nothing in this title shall apply to a memorial whose site was approved, in accordance with the Commemorative Works Act of 1986 (Public Law 99-652; 40 U.S.C. 1001 et seq.), prior to the date of enactment of this title. Passed the Senate July 10, 2000. Attest: Secretary. 106th CONGRESS 2d Session S. 311 _______________________________________________________________________ AN ACT To authorize the Disabled Veterans' LIFE Memorial Foundation to establish a memorial in the District of Columbia or its environs, and for other purposes.

(Sec. 101) Prohibits Federal funds from being used to pay any expense of the establishment of the memorial. Title II: Commemorative Works Act Amendments - Commemorative Works Clarification and Revision Act of 2000 - Amends the Commemorative Works Act of 1986 to: (1) state as one of the Act's purposes encouraging the location of commemorative works within the urban fabric of the District; (2) exclude from the meaning of "commemorative work" any structure that is not a commemorative work as defined by the Act; (3) define sponsor; (4) update the map covered by the Act to include the "Reserve," defined as the great cross-axis of the Mall, extending from the U.S. Capitol to the Lincoln Memorial, and from the White House to the Jefferson Memorial. (Sec. 202) Excludes a work solely commemorating a limited military engagement from the Act (currently, a work commemorating a lesser conflict). Extends from ten to 25 years the period of time that must elapse between the end of a war or military conflict and the establishment of a memorial. Changes from the House Committee on House Oversight to the House Committee on Resources committee jurisdiction over legislation authorizing commemorative works in the District and its environs. Allows members of the National Capital Memorial Commission to appoint designees to serve in their place. Prohibits the authorization of sites for commemorative works within the Reserve after January 1, 2000. Requires that a commemorative work be located to protect cultural and natural resources (as well as open space and existing public use). Prohibits commemorative work designed primarily as a museum from being located on lands under the Secretary of the Interior's jurisdiction in Area I or in East Potomac Park. Authorizes the National Capital Planning Commission and the Commission of Fine Arts to develop criteria or guidelines specified to each site that are mutually agreed upon to ensure that the design of the commemorative work carries out the Act's purposes. Prohibits the acknowledgment of donor contributions to such works in any manner as part of the work or its site. Mandates that monies provided by a commemorative work's sponsor for its maintenance shall be available, without further appropriation, for the non-recurring repair of such work. Requires a commemorative work's sponsor (currently, person) to donate at least 10 percent of the total estimated construction costs to offset the costs of perpetual maintenance and preservation costs of the work, and requires such proceeds to be available for the nonrecurring repairs of such work. Authorizes the Secretary or the National Park Foundation to make donated moneys available for the maintenance of a commemorative work. Repeals the authority of the Secretary or the Administrator of the General Services Administration (as appropriate) to suspend a sponsor's activities if it is determined that fund raising efforts have misrepresented an affiliation with a commemorative work or the United States. Requires the work sponsor to submit annual operations reports, including audited financial statements, to the Secretary or the Administrator (as appropriate). Repeals authority to make temporary site designations. Revises provisions for expiration of legislative authority for a commemorative work seven years after its enactment. Provides in the alternative for expiration of such authority seven years from the date of enactment of authority to locate the work within Area I where such addition authority has been granted, unless (as under current law) the Secretary or the Administrator (as appropriate) has issued a construction permit, or: (1) final design approvals have been obtained from specified commissions; and (2) 75 percent of the amount estimated to be required for memorial completion has been raised. Provides that, if these conditions are met, the Secretary or the Administrator may extend the seven-year legislative authority for up to three years. Terminates any previous site and design approvals upon expiration of the legislative authority. Directs the National Capital Planning Commission, in coordination with the Commission of Fine Arts and the National Capital Memorial Commission, to complete its master plan to guide the location and development of future memorials outside the Reserve for the next 50 years, including evaluation of and guidelines for potential sites. Mandates that nothing in this Title shall apply to memorials whose sites were approved before the enactment of this Title.

A bill to authorize the Disabled Veterans' LIFE Memorial Foundation to establish a memorial in the District of Columbia or its environs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental and Economic Benefits Restoration Act of 2016''. SEC. 2. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION PROGRAM. (a) In General.--Section 13A of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2109a) is amended to read as follows: ``SEC. 13A. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION PROGRAM. ``(a) Purpose.--The purpose of this section is to establish a landscape-scale restoration program to support landscape-scale restoration and management that results in measurable improvements to public benefits derived from State and private forest land, as identified in-- ``(1) a State-wide assessment described in section 2A(a)(1); and ``(2) a long-term State-wide forest resource strategy described in section 2A(a)(2). ``(b) Definitions.--In this section: ``(1) Private forest land.--The term `private forest land' means land that-- ``(A)(i) has existing tree cover; or ``(ii) is suitable for growing trees; and ``(B) is owned by-- ``(i) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); or ``(ii) any private individual or entity. ``(2) Regional.--The term `regional' means of any region of the National Association of State Foresters. ``(3) Secretary.--The term `Secretary' means the Secretary of Agriculture, acting through the Chief of the Forest Service. ``(4) State forester.--The term `State Forester' means a State Forester or equivalent State official. ``(c) Establishment.--The Secretary, in consultation with State Foresters, shall establish a landscape-scale restoration program to provide financial and technical assistance for landscape-scale restoration projects on State, political subdivision, or private forest land that maintain or improve benefits from trees and forests on the land. ``(d) Requirements.--The landscape-scale restoration program established under subsection (c) shall-- ``(1) measurably address the national private forest conservation priorities described in section 2(c); ``(2) enhance public benefits from trees and forests, as identified in-- ``(A) a State-wide assessment described in section 2A(a)(1); and ``(B) a long-term State-wide forest resource strategy described in section 2A(a)(2); and ``(3) in accordance with the purposes described in section 2(b), have 1 or more objectives including-- ``(A) protecting or improving water quality or quantity; ``(B) reducing wildfire risk; ``(C) protecting or enhancing wildlife habitat, consistent with wildlife objectives established by the applicable State fish and wildlife agency; ``(D) improving forest health, including addressing native, nonnative, and invasive pests; or ``(E) enhancing opportunities for new and existing markets in which the production and use of wood products strengthens local and regional economies. ``(e) Measurement.--The Secretary, in consultation with State Foresters, shall establish a measurement system, including measurement tools, that-- ``(1) consistently measures the results of landscape-scale restoration projects described in subsection (c); and ``(2) is consistent with the measurement systems of other Federal programs delivered by State Foresters. ``(f) Use of Amounts.-- ``(1) Allocation.--Of amounts made available for the landscape-scale restoration program established under subsection (c), the Secretary shall allocate-- ``(A) 50 percent for the competitive process in accordance with subsection (g); and ``(B) 50 percent proportionally to States, in consultation with State Foresters-- ``(i) to maximize the achievement of the objectives described in subsection (d)(3); and ``(ii) to address the highest national priorities, as identified in-- ``(I) State-wide assessments described in section 2A(a)(1); and ``(II) long-term State-wide forest resource strategies described in section 2A(a)(2). ``(2) Multiyear projects.--The Secretary may provide amounts under this section for multiyear projects. ``(g) Competitive Process.-- ``(1) In general.--The Secretary shall distribute amounts described in subsection (f)(1)(A) through a competitive process for landscape-scale restoration projects described in subsection (c) to maximize the achievement of the objectives described in subsection (d)(3). ``(2) Eligibility.--To be eligible for funding through the competitive process described in paragraph (1), a State Forester, or another entity on approval of the State Forester, shall submit to the Secretary 1 or more landscape-scale restoration proposals that-- ``(A) in accordance with paragraph (3), include priorities identified in-- ``(i) State-wide assessments described in section 2A(a)(1); and ``(ii) long-term State-wide forest resource strategies described in section 2A(a)(2); ``(B) identify 1 or more measurable results to be achieved through the project; ``(C) to the maximum extent practicable, include activities on all land necessary to accomplish the measurable results in the applicable landscape; ``(D) to the maximum extent practicable, are developed in collaboration with other public and private sector organizations and local communities; and ``(E) derive not less than 50 percent of the funding for the project from non-Federal sources, unless the Secretary determines-- ``(i) the applicant is unable to derive not less than 50 percent of the funding for the project from non-Federal sources; and ``(ii) the benefits of the project justify pursuing the project. ``(3) Prioritization.--The Secretary shall give priority to projects that, as determined by the Secretary, best carry out priorities identified in State-wide assessments described in section 2A(a)(1) and long-term State-wide forest resource strategies described in section 2A(a)(2), including-- ``(A) involvement of public and private partnerships; ``(B) inclusion of cross-boundary activities on Federal, State, local, or private forest land; ``(C) involvement of areas also identified for cost-share funding by the Natural Resources Conservation Service or any other relevant Federal agency; ``(D) protection or improvement of water quality or quantity; ``(E) reduction of wildfire risk; ``(F) protection or enhancement of wildlife habitat, consistent with wildlife objectives established by the applicable State fish and wildlife agency; ``(G) improvement of forest health, including addressing native, nonnative, and invasive pests; ``(H) enhancement of opportunities for new and existing markets in which the production and use of wood products strengthens local and regional economies; and ``(I) otherwise addressing the national private forest conservation priorities described in section 2(c). ``(4) Proposal review.-- ``(A) In general.--The Secretary shall establish a process for the review of proposals submitted under paragraph (2) that ranks each proposal based on-- ``(i) the extent to which the proposal would achieve the requirements described in subsection (d); and ``(ii) the priorities described in paragraph (3). ``(B) Regional review.--The Secretary may carry out the process described in subparagraph (A) at a regional level. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary for the landscape-scale restoration program established under subsection (c) $30,000,000 for each of fiscal years 2016 through 2020, to remain available until expended.''. SEC. 3. PROMOTING CROSS-BOUNDARY WILDFIRE MITIGATION. Section 103 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6513) is amended-- (1) in subsection (d), by adding at the end the following: ``(3) Cross-boundary considerations.--For any fiscal year for which the amount appropriated for hazardous fuels reduction is in excess of $300,000,000, the Secretary-- ``(A) is encouraged to use the excess amounts for projects that include cross-boundary consideration; and ``(B) of that excess amount, may use, through grants to State Foresters, to support hazardous fuel reduction projects on non-Federal land in accordance with subsection (e) an amount equal to the greater of-- ``(i) 20 percent; and ``(ii) $20,000,000.''; and (2) by adding at the end the following: ``(e) Cross-Boundary Fuels Reduction Projects.-- ``(1) In general.--To the maximum extent practicable, the Secretary shall use the funds described in subsection (d)(3) to support hazardous fuel reduction projects that incorporate treatments in landscapes across ownership boundaries on Federal, State, county, or tribal land, private land, and other non-Federal land, particularly in areas identified as priorities in applicable State-wide forest resource assessments or strategies under section 2A(a) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101a(a)), as mutually agreed to by the State Forester and the Regional Forester. ``(2) Land treatments.--To conduct and fund treatments for projects that include Federal and non-Federal land, the Secretary may-- ``(A) use the authorities of the Secretary relating to cooperation and technical and financial assistance, including the good neighbor authority under-- ``(i) section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a); and ``(ii) section 331 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (16 U.S.C. 1011 note; Public Law 106- 291); and ``(B) allocate cross-boundary wildfire mitigation funds, in accordance with subsection (d)(3) and paragraph (1), for projects carried out pursuant to that section (16 U.S.C. 2113a). ``(3) Cooperation.--In carrying out this subsection, the State Forester, in consultation with the Secretary (or a designee)-- ``(A) shall consult with the owners of State, county, tribal, and private land and other non-Federal land with respect to hazardous fuels reduction projects; and ``(B) shall not implement any project on non- Federal land without the consent of the owner of the non-Federal land. ``(4) Existing laws.--Regardless of the individual or entity implementing a project on non-Federal land under this subsection, only the laws and regulations that apply to non- Federal land shall be applicable with respect to the project.''.

Environmental and Economic Benefits Restoration Act of 2016 This bill amends the Cooperative Forestry Assistance Act of 1978 to direct the Department of Agriculture (USDA) to establish a landscape-scale restoration program to provide financial and technical assistance for landscape-scale restoration projects on state, political subdivision, and private forest lands that maintain or improve benefits from trees and forests on such lands. The program shall: address the national private forest conservation priorities specified under the Act; and enhance public benefits from trees and forests, as identified in a state-wide assessment and a long-term state-wide forest resource strategy under the Act. The program shall also have one or more objectives, including to: protect or improve water quality or quantity; reduce wildfire risk; protect or enhance wildlife habitat, consistent with wildlife objectives established by the applicable state fish and wildlife agency; improve forest health, including addressing native, nonnative, and invasive pests; or enhance opportunities for new and existing markets in which the production and use of wood products strengthens local and regional economies. USDA shall establish a measurement system to measure the results of landscape-scale restoration projects assisted under this bill. USDA shall allocate from the amounts made available under this bill: 50% for the competitive process for distributing funds for landscape-scale restoration projects; and 50% proportionally to states to maximize the achievement of the restoration program's objectives and to address the highest national priorities, as identified in state-wide assessments and long-term state-wide forest resource strategies. The bill amends the Healthy Forests Restoration Act of 2003 to allocate funds and use specified authorities of the USDA or of the Department of the Interior, as appropriate, to assist cross-boundary hazardous fuel reduction and wildfire mitigation programs.

Environmental and Economic Benefits Restoration Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Reinvestment Act of 2009''. SEC. 2. ESTATE TAX REPEAL MADE PERMANENT. Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to title V of such Act. SEC. 3. INCREASED EXPENSING FOR SMALL BUSINESS. (a) Dollar Limitation.--Paragraph (1) of section 179(b) of the Internal Revenue Code of 1986 (relating to dollar limitation) is amended by striking ``$25,000 ($125,000 in the case of taxable years beginning after 2006 and before 2011)'' and inserting ``$500,000''. (b) Increase in Qualifying Investment at Which Phaseout Begins.-- Paragraph (2) of section 179(b) of such Code (relating to reduction in limitation) is amended by striking ``$200,000 ($500,000 in the case of taxable years beginning after 2006 and before 2011)'' and inserting ``$500,000''. (c) Inflation Adjustments.--Section 179(b)(5)(A) of such Code (relating to inflation adjustments) is amended-- (1) by striking ``and before 2011'', and (2) by striking ``$125,000 and''. (d) Revocation of Election.--Section 179(c)(2) of such Code (relating to election irrevocable) is amended by striking ``and before 2011''. (e) Computer Software.--Clause (ii) of section 179(d)(1)(A) of such Code is amended by striking ``and before 2011''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 4. ACCELERATED DEPRECIATION FOR MANUFACTURING AND AGRICULTURAL PROPERTY. (a) In General.--The table contained in section 168(c) of the Internal Revenue Code of 1986 is amended by inserting before the row relating to 3-year property the following new row: ------------------------------------------------------------------------ Any qualified manufacturing or agricultural 1 year property. ------------------------------------------------------------------------ (b) Qualified Manufacturing or Agricultural Property.--Subsection (e) of section 168 of such Code is amended by adding at the end the following new paragraph: ``(9) Qualified manufacturing or agricultural property.-- The term `qualified manufacturing or agricultural property' means any tangible personal property which is used in the trade or business of manufacturing or agriculture.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 5. DEDUCTION FOR QUALIFIED SMALL BUSINESS INCOME. (a) In General.--Paragraph (1) of section 199(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) In general.--There shall be allowed as a deduction an amount equal to the sum of-- ``(A) 9 percent of the lesser of-- ``(i) the qualified production activities income of the taxpayer for the taxable year, or ``(ii) taxable income (determined without regard to this section) for the taxable year, and ``(B) in the case of a qualified small business for a taxable year beginning in 2009 or 2010, 20 percent of the lesser of-- ``(i) the qualified small business income of the taxpayer for the taxable year, or ``(ii) taxable income (determined without regard to this section) for the taxable year.''. (b) Qualified Small Business; Qualified Small Business Income.-- Section 199 of such Code is amended by adding at the end the following new subsection: ``(e) Qualified Small Business; Qualified Small Business Income.-- ``(1) Qualified small business.-- ``(A) In general.--For purposes of this section, the term `qualified small business' means any taxpayer for any taxable year if the annual average number of employees employed by such taxpayer during such taxable year was 500 or fewer. ``(B) Aggregation rule.--For purposes of subparagraph (A), any person treated as a single employer under subsection (a) or (b) of section 52 (applied without regard to section 1563(b)) or subsection (m) or (o) of section 414 shall be treated as 1 taxpayer for purposes of this subsection. ``(C) Special rule.--If a taxpayer is treated as a qualified small business for any taxable year, the taxpayer shall not fail to be treated as a qualified small business for any subsequent taxable year solely because the number of employees employed by such taxpayer during such subsequent taxable year exceeds 500. The preceding sentence shall cease to apply to such taxpayer in the first taxable year in which there is an ownership change (as defined by section 382(g) in respect of a corporation, or by applying principles analogous to such ownership change in the case of a taxpayer that is a partnership) with respect to the stock (or partnership interests) of the taxpayer. ``(2) Qualified small business income.-- ``(A) In general.--For purposes of this section, the term `qualified small business income' means the excess of-- ``(i) the income of the qualified small business which-- ``(I) is attributable to the actual conduct of a trade or business, ``(II) is income from sources within the United States (within the meaning of section 861), and ``(III) is not passive income (as defined in section 904(d)(2)(B)), over ``(ii) the sum of-- ``(I) the cost of goods sold that are allocable to such income, and ``(II) other expenses, losses, or deductions (other than the deduction allowed under this section), which are properly allocable to such income. ``(B) Exceptions.--The following shall not be treated as income of a qualified small business for purposes of subparagraph (A): ``(i) Any income which is attributable to any property described in section 1400N(p)(3). ``(ii) Any income which is attributable to the ownership or management of any professional sports team. ``(iii) Any income which is attributable to a trade or business described in subparagraph (B) of section 1202(e)(3). ``(iv) Any income which is attributable to any property with respect to which records are required to be maintained under section 2257 of title 18, United States Code. ``(C) Allocation rules, etc.--Rules similar to the rules of paragraphs (2), (3), (4)(D), and (7) of subsection (c) shall apply for purposes of this paragraph. ``(3) Special rules.--Except as otherwise provided by the Secretary, rules similar to the rules of subsection (d) shall apply for purposes of this subsection.''. (c) Conforming Amendment.--Section 199(a)(2) of such Code is amended by striking ``paragraph (1)'' and inserting ``paragraph (1)(A)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 6. SMALL BUSINESS MODIFICATIONS RELATED TO HEALTH INSURANCE, HEALTH SAVINGS ACCOUNTS, AND SIMPLIFIED EMPLOYEE PENSIONS. (a) Health Insurance Deduction Allowed in Determining Self- Employment Tax.--Section 162(l) of the Internal Revenue Code of 1986 (relating to special rules for health insurance costs of self-employed individuals) is amended by striking paragraph (4) (relating to deduction not allowed for self-employment tax purposes) and redesignating paragraph (5) as paragraph (4). (b) Health Savings Account Contributions Allowed in Determining Self-Employment Tax.--Subsection (a) of section 1402 of such Code is amended by redesignating paragraphs (16) and (17) as paragraphs (17) and (18) and by inserting after paragraph (15) the following new paragraph: ``(16) the deduction provided by section 223 with respect to amounts paid to a health savings account of the individual shall be allowed;''. (c) Simplified Employee Pensions.-- (1) Increase in limitation on deduction for contributions.--Subparagraph (C) of section 404(h)(1) of such Code is amended by inserting ``(100 percent in the case of an owner-employee as defined in section 401(c)(3))'' after ``25 percent'' both places it appears. (2) Modification on limitation on contributions.-- Subsection (j) of section 408 of such Code is amended by adding at the end the following: ``For purposes of applying the preceding sentence, net earnings from self-employment shall be determined without any reduction under section 1402(a)(12).'' (3) Contributions allowed in determining self-employment tax.--Subsection (a) of section 1402 of such Code (as amended by subsection (b)) is amended by redesignating paragraphs (17) and (18) as paragraphs (18) and (19) and by inserting after paragraph (16) the following new paragraph: ``(17) the deduction provided by section 404 with respect to amounts paid to a simplified employee pension of the individual shall be allowed;''. (d) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Responsible Reinvestment Act of 2009 - Makes permanent the repeal of the estate tax. Amends the Internal Revenue Code to: (1) increase to $500,000 the maximum expensing allowance for depreciable business assets; (2) allow first-year expensing of manufacturing and agricultural property; (3) allow a 20% tax deduction for qualified small business income; (4) allow a deduction from self-employment income for health insurance, health savings account contributions, and simplified employee pension plan contributions; and (5) increase the limit on the tax deduction for contributions to a simplified employee pension plan.

To provide tax relief for small businesses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Technical Corrections Act of 1997''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) The term ``INA'' means the Immigration and Nationality Act. (2) The term ``IIRIRA'' means the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208, division C). SEC. 3. GENERAL EFFECTIVE DATE. Except as otherwise specifically provided in this Act, the amendments made by this Act to a provision shall take effect as if included in the provision at the time the provision was first enacted, or, if the provision has been amended since enactment, as if included in its most recent amendment. SEC. 4. AMENDMENTS TO INA AND IIRIRA RELATING TO INADMISSIBILITY AND REMOVAL OF ALIENS. (a) Definitions.--Section 101(a) of the INA is amended-- (1) in paragraph (13), by adding at the end the following: ``(D) In the case of an alien adjusted to the status of an alien lawfully admitted for permanent residence, such alien shall be regarded as having been admitted on the date of such adjustment.''; (2) in paragraph (43)(F), by inserting ``is'' after ``imprisonment''; and (3) in paragraph (43)(G), by inserting ``is'' after ``imprisonment)''. (b) Amended Definition of Aggravated Felony.--Section 321(a)(3) of IIRIRA is amended by striking ``(F), (G), (N), and (P),'' and inserting ``(F) and (G)''. (c) General Classes of Aliens Ineligible to Receive Visas.--Section 212 of the INA is amended-- (1) in subsection (a)(2), by adding at the end the following: ``(G) Certain firearm offenses.--Any alien who at any time has been convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18, United States Code) in violation of any law is inadmissible. ``(H) Aggravated felons.--Any alien who has been at any time convicted of an aggravated felony is inadmissible.''; (2) in subsection (a)(9)(A)-- (A) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; (B) in clause (iii), as so redesignated, by inserting ``or (ii)'' after ``clause (i)''; (C) in clause (iv), as so redesignated, by striking ``Clauses (i) and (ii)'' and inserting ``Clauses (i), (ii), and (iii)''; and (D) by inserting after clause (i) the following: ``(ii) Excluded aliens.--Any alien who has been ordered excluded from admission and deported under section 236, as that section existed prior to its amendment by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and who again seeks admission within 1 year of the date of such deportation is inadmissible.''; (3) in subsection (a)(9)(B)(iii), by adding at the end the following: ``(V) Temporary protected status.--No period of time in which an alien is in temporary protected status pursuant to section 244A shall be taken into account in determining the period of unlawful presence in the United States under clause (i).''; (4) in subsection (d)(12)(B), by inserting ``an individual who at the time of such action was'' after ``aid, or support''; and (5) in subsection (h)-- (A) by striking the third sentence; and (B) by striking the period at the end of the second sentence and inserting ``, or in the case of an alien who has been convicted of an aggravated felony within 15 years before the date of the alien's application for such waiver or application for a visa or adjustment of status.''. (d) Inspection by Immigration Officers.--Section 235(a)(3) of the INA is amended by striking ``admission or readmission'' and inserting ``admission, readmission, or entry''. (e) General Classes of Deportable Aliens.--Section 237 of the INA is amended-- (1) in subsection (a), in the first sentence, by striking ``(including an alien crewman)''; and (2) in subsection (a)(2)(E)(i), by striking ``For purposes of this clause'' through and including the period at the end of the sentence, and inserting ``For purposes of this clause, the term `protection order' includes an injunction or any other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders issued by civil or criminal courts (other than support or child custody orders), whether obtained by filing an independent action or as a pendente lite order in another proceeding, so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.''. (f) Expedited Removal of Aliens Convicted of Committing Aggravated Felonies.--Section 238 of the INA is amended-- (1) in subsection (a), by striking ``241'' and inserting ``237''; (2) in subsection (a)(2), by striking the first sentence and inserting ``With respect to an alien convicted of any criminal offense covered in section 212(a)(2), section 237(a)(2)(A)(iii), subparagraphs (B), (C), or (D) of section 237(a)(2), or any offense covered by section 237(a)(2)(A)(ii) for which both predicate offenses are covered by section 237(a)(2)(A)(i), who is taken into custody by the Attorney General pursuant to section 236(c), the Attorney General shall, to the maximum extent practicable, detain any such felon at a facility at which other such aliens are detained.''; (3) in subsection (b)(1)-- (A) by striking ``determine the deportability of such alien under section 237(a)(2)(A)(iii) (relating to conviction of an aggravated felony)'' and inserting ``order the removal of an alien convicted of an aggravated felony,''; and (B) by striking ``and issue an order of removal''; (4) in the subsection heading for the first subsection (c), by striking ``Presumption of Deportability.--'' and inserting ``Presumption of Removability.--''; (5) in the first subsection (c), by striking ``deportable'' and inserting ``removable''; (6) by redesignating the second subsection (c) (as redesignated by section 671(b)(13) of IIRIRA) as subsection (d); and (7) in subsection (d), as redesignated by paragraph (6)-- (A) by striking ``deportable'' in each of paragraphs (1) and (2)(D)(iv) and inserting ``removable''; and (B) in paragraph (2)(B)-- (i) by striking ``242B'' and inserting ``239''; and (ii) by striking ``identifying the crime or crimes which make the defendant deportable under section 241(a)(2)(A).'' and inserting ``identifying the section or sections of law under which the defendant is removable.''. (g) Detention and Removal of Aliens Ordered Removed.--Section 241 of the INA is amended-- (1) in subsection (b)(1)(A), by striking the period at the end and inserting ``or, in the case of an alien arriving at a land border, to the country from which the alien arrived.''; (2) in subsection (b)(1)(C), by striking ``If'' at the beginning of the sentence and inserting ``If the Attorney General decides that removing the alien to the country specified in subparagraph (A) or (B) is prejudicial to the United States or if''; (3) in subsection (c)(1)(B)(i), by striking ``235(a)(1)'' and inserting ``235(a)(2), 235(b)(1),''; (4) in subsection (c)(3)(B)-- (A) in clause (v), by striking ``or'' at the end; (B) in clause (vi), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(vii) the alien arrives upon a vessel at a United States port of entry when such arrival has been authorized by appropriate Federal authority.''; and (5) in subsection (e)(1), by striking ``235(a)(1)'' and inserting ``235(b)(1)''. (h) Reentry of Removed Aliens.--Section 276(b) of the INA is amended-- (1) in the matter preceding paragraph (1), by striking ``subsection--'' and inserting ``subsection whose denial of admission, exclusion, deportation, removal, or departure from the United States while an order of exclusion, deportation, or removal was outstanding--''; and (2) in each of paragraphs (1) and (2), by striking ``whose removal''. SEC. 5. AMENDMENTS TO TITLE 18 RELATING TO CRIMINAL ALIENS. (a) In General.--Sections 1425(b), 1426(h), 1427, 1541, 1542, 1543, 1544, and 1546(a) of title 18, United States Code, are each amended by striking ``facility'' in the last sentence of each such section and inserting ``facilitate''. (b) Criminal Forfeiture.--Section 982(a) of title 18, United States Code, is amended-- (1) by redesignating the second paragraph (6) as paragraph (7); and (2) in paragraph (7), as so redesignated-- (A) in subparagraph (A)(i), by striking ``subsection (a)'' and inserting ``such laws''; and (B) in subparagraph (A)(ii)(I), by striking ``subsection (a)'' through ``of this title'' and inserting ``such laws''. (c) Authorization for Interception of Wire, Oral, or Electronic Communications.--Section 2516(1) of title 18, United States Code, is amended by striking the first paragraph (p) (added as paragraph (o) by section 434 of the Antiterrorism and Effective Death Penalty Act of 1996). SEC. 6. MISCELLANEOUS AMENDMENTS TO INA. (a) Definitions Relating to Alien Terrorist Removal Proceedings.-- Section 501(1) of the INA is amended by striking ``241(a)(4)(B)'' and inserting ``237(a)(4)(B) or 212(a)(3)(B)''. (b) Requirements for Sponsor's Affidavit of Support.--Section 213A of the INA is amended-- (1) by redesignating the subsection (h) added by section 551 of IIRIRA as subsection (g); and (2) by redesignating subsection (i) as subsection (h). (c) Apprehension and Detention of Aliens Not Lawfully in United States.--Section 236(c)(1)(C) of the INA is amended by striking ``sentence'' and inserting ``sentenced''. (d) Removal Hearing.--Section 504(e)(1)(A) of the INA is amended by striking ``a removal'' and inserting ``removal''. (e) Voluntary Departure.--Section 240B(a)(1) of the INA is amended by striking ``237(a)(2)(A)(iii) or section 237(a)(4)(B).'' and inserting ``237(a)(2)(A)(iii) or subparagraph (B) or (D) of section 237(a)(4).''. (f) Worldwide Level of Immigration.--Section 201(b)(1)(D) of the INA is amended by striking ``240A(a)'' and inserting ``240A(b)''. (g) Temporary Protected Status.--Section 244(e) of the INA is amended by striking ``240A(a)'' and inserting ``240A(b)''. (h) Inadmissibility.--The following provisions of the INA are amended by striking the term ``excludable'' each place it appears and inserting ``inadmissible'': (1) Clauses (ii) and (iii) of section 212(a)(3)(C). (2) Section 213A(a)(1). (i) Public Vessel Exception.--Sections 235(d)(2) and 241(d)(3) of the INA are amended by inserting ``(except for the commanding officer of a public vessel)'' after ``commanding officer''. (j) Detention and Removal of Aliens Ordered Removed.--Section 241(a)(4)(B)(i) of the INA, as added by section 305(a) of IIRIRA, is amended by inserting ``)'' immediately after ``or (L)''. (k) Unlawful Employment of Aliens.--Section 274A(e)(2)(C) of the INA is amended by striking ``paragraph (2)'' and inserting ``paragraph (3)''. (l) Admission of Nonimmigrants.--Section 214(l)(1)(D) of the INA, as redesignated by section 622(c) of IIRIRA, is amended by striking ``paragraph (2)'' and inserting ``subparagraph (C)''. (m) Foreign Students.-- (1) In general.--Section 214 of the INA is amended by redesignating the subsection (l) added by section 625 of IIRIRA as subsection (m). (2) Conforming amendment.--Section 212(a)(6)(G) of the INA is amended by striking ``214(l)'' and inserting ``214(m)''. (n) Transport by Airline.--Section 212 of the INA is amended-- (1) in subsection (f), by striking ``Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.''; and (2) by adding at the end the following: ``(p) Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.''. (o) Good Moral Character.--Section 101(f) of the INA is amended by striking ``(9)(A)'' and inserting ``(10)(A)''. (p) Initiation of Removal Proceedings.--Section 239(c) of the INA is amended by inserting ``at the time of arrest or'' after ``alien''. (q) Aliens Previously Removed.--Section 212(a)(9)(C) of the INA is amended by striking ``enters or attempts to reenter'' and inserting ``subsequently has entered or attempted to reenter''. SEC. 7. MISCELLANEOUS AMENDMENTS TO IIRIRA. (a) New Document Fraud Offenses.--Section 212(e) of IIRIRA is amended by inserting ``or documents'' after ``applications''. (b) Pilot Program on Limiting Issuance of Driver's Licenses to Illegal Aliens.--Section 502 of IIRIRA is amended by adding at the end the following: ``(c) Current State Authority.--The denial of driver's licenses under operation of state law in effect on the date of enactment of this Act to aliens not lawfully present in the United States is unaffected by this section.''. (c) Adjustment of Status for Certain Polish and Hungarian Parolees.--Section 646(a)(1) of IIRIRA is amended by striking ``applies for such adjustment'' and inserting ``files a completed application for such adjustment prior to September 30, 1998.''. (d) Technical Corrections.--Section 671(b)(5) of IIRIRA is amended by striking ``(K)(ii)'' and inserting ``(K)(iii)''. (e) Authorization of Appropriations for Increase in Number of Certain Investigators.--Section 131(c) of IIRIRA is amended-- (1) by striking ``$25,000'' and inserting ``$30,000''; and (2) by striking ``fiscal'' and inserting ``calendar''. (f) Redesignation and Reorganization of Provisions.--Section 308(g) of IIRIRA is amended-- (1) in paragraph (2), by striking ``(as in effect before October 1, 1996)'' and inserting ``(as in effect before October 31, 1996, except that in such cases review may be had only by petition for review to the circuit court of appeals)''; and (2) in paragraph (8)(A)(i), by striking ``240A(a)'' and inserting ``240A(b)''. (g) Effective Dates; Transition.--Section 309 of IIRIRA is amended-- (1) in subsection (c)(4)(F), by inserting ``, and, notwithstanding the provisions of section 106(c), the departure of the alien from the United States shall not deprive the court of review of jurisdiction'' after ``otherwise''; and (2) by striking subsection (e). (h) Program To Collect Information Relating to Nonimmigrant Foreign Students and Other Exchange Program Participants.--Section 641(c)(1)(B) of IIRIRA is amended by striking ``the date on which a visa under the classification was issued or extended'' and inserting ``the date on which the alien was admitted to the United States under the classification or otherwise acquired or extended that status''. (i) Penalties for Disclosure of Information.--Section 384 of IIRIRA is amended-- (1) in subsection (a)(2)-- (A) by striking ``or'' after ``216(c)(4)(C),''; and (B) by inserting ``(as in effect prior to April 1, 1997), or section 240A(b)(2)'' after ``244(a)(3)''; and (2) in subsection (b), by adding at the end the following: ``(6) Pursuant to section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the Department of Justice is authorized to disclose information to Federal, State, local or private benefit-granting agencies for use solely in determining eligibility or continued eligibility for benefits.''. SEC. 8. AMENDMENTS TO OTHER PROVISIONS. (a) Good Moral Character.--Section 509(b) of the Immigration Act of 1990 is amended by striking ``on or after'' through the period at the end and inserting ``before, on, or after such date.'' (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

Immigration Technical Corrections Act of 1997- Amends the Immigration and Nationality Act (INA) with respect to: (1) status adjustment admission date; (2) classes of aliens ineligible to receive visas (firearm offenses and aggravated felons), and deportable aliens; (3) expedited removal of aliens convicted of aggravated felonies; and (4) detention and removal of aliens, and reentry of removed aliens. (Sec. 5) Amends Federal criminal law to eliminate the provision authorizing interception of wire, oral, or electronic communications for specified immigration related felonies. (Sec. 6) Amends the INA with respect to: (1) alien terrorist removal; (2) sponsor affidavit of support; (3) illegal alien apprehension and detention; (4) removal hearings; (5) voluntary departure; (6) worldwide immigration level; (7) temporary protected status; (8) public vessels; (9) unlawful employment of aliens, (10) foreign students; (11) airlines; and (12) removal proceedings. (Sec. 7) Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with respect to: (1) document fraud offenses; (2) the pilot program on limiting issuance of driver's licenses to illegal aliens; (3) Polish and Hungarian parolee status adjustment; (4) foreign and exchange student information collection; and (5) information disclosure penalties. Increases authorization of appropriations for certain Immigration and Naturalization Service investigators' overtime pay. (Sec. 8) Amends the Immigration Act of 1990 with respect to a provision concerning good moral character.

Immigration Technical Corrections Act of 1997

SECTION 1. AUTHORIZATION OF APPROPRIATIONS FOR TAX LAW ENFORCEMENT RELATING TO HUMAN SEX TRAFFICKING. (a) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $4,000,000 for fiscal year 2008 for the purpose of establishing an office within the Internal Revenue Service to investigate and prosecute violations of the internal revenue laws by persons that appear to be engaged in conduct in violation of section 1591(a), section 2421, section 2422, subsection (a), (d), or (e) of section 2423, or section 1952 of title 18, United States Code, or the laws of any State or territory that prohibit the promotion of prostitution or any commercial sex act (as such term is defined in section 1591(c)(1) of title 18, United States Code). (2) Availability.--Any amounts appropriated pursuant to the authority of paragraph (1) shall remain available for fiscal year 2009. (b) Additional Funding for Operations of Office.--Unless specifically appropriated otherwise, there is authorized to be appropriated and is appropriated to the office established under subsection (a)(1) for fiscal years 2008 and 2009 for the administration of such office an amount equal to the amount of any tax under chapter 1 of the Internal Revenue Code of 1986 (including any interest) collected during such fiscal years as the result of the actions of such office, plus any civil or criminal monetary penalties imposed under such Code relating to such tax and so collected. (c) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall report to the Committee of Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the enforcement activities of the office established under subsection (a)(1) and shall include any recommendations for statutory changes to assist in future prosecutions under this section. (d) Applicability of Whistleblower Awards to Victims of Human Sex Trafficking.--For purposes of making an award under paragraph (1) or (2) of section 7623(b) of the Internal Revenue Code of 1986 with respect to information provided by victims of any person convicted of violating section 1591(a), section 2421, section 2422, subsection (a), (d), or (e) of section 2423, or section 1952 of title 18, United States Code, or the laws of any State or territory that prohibit the promotion of prostitution or any commercial sex act (as such term is defined in section 1591(c)(1) of title 18, United States Code), the determination of whether such person is described in such paragraph shall be made without regard to paragraph (3) of section 7623(b) of such Code. SEC. 2. INCREASE IN CRIMINAL MONETARY PENALTY LIMITATION FOR THE UNDERPAYMENT OR OVERPAYMENT OF TAX DUE TO FRAUD. (a) In General.-- (1) Attempt to evade or defeat tax.--Section 7201 (relating to attempt to evade or defeat tax) is amended-- (A) by striking ``$100,000 ($500,000'' and inserting ``$500,000 ($1,000,000'', and (B) by striking ``5 years'' and inserting ``10 years''. (2) Willful failure to file return, supply information, or pay tax.-- (A) In general.--Section 7203 (relating to willful failure to file return, supply information, or pay tax) is amended-- (i) in the first sentence-- (I) by striking ``Any person'' and inserting the following: ``(a) In General.--Any person'', and (II) by striking ``$25,000'' and inserting ``$50,000'', (ii) in the third sentence, by striking ``section'' and inserting ``subsection'', and (iii) by adding at the end the following new subsection: ``(b) Aggravated Failure to File.-- ``(1) In general.--In the case of any failure described in paragraph (2), the first sentence of subsection (a) shall be applied by substituting-- ``(A) `felony' for `misdemeanor', ``(B) `$500,000 ($1,000,000' for `$50,000 ($100,000', and ``(C) `10 years' for `1 year'. ``(2) Failure described.--A failure described in this paragraph is-- ``(A) a failure to make a return described in subsection (a) for a period of 3 or more consecutive taxable years if the aggregate tax liability for such period is not less than $100,000, or ``(B) a failure to make a return if the tax liability giving rise to the requirement to make such return is attributable to an activity which is a felony under any State or Federal law.''. (B) Penalty may be applied in addition to other penalties.--Section 7204 (relating to fraudulent statement or failure to make statement to employees) is amended by striking ``the penalty provided in section 6674'' and inserting ``the penalties provided in sections 6674 and 7203''. (3) Fraud and false statements.--Section 7206 (relating to fraud and false statements) is amended-- (A) by striking ``$100,000 ($500,000'' and inserting ``$500,000 ($1,000,000'', and (B) by striking ``3 years'' and inserting ``5 years''. (b) Increase in Monetary Limitation for Underpayment or Overpayment of Tax Due to Fraud.--Section 7206 (relating to fraud and false statements), as amended by subsection (a)(3), is amended-- (1) by striking ``Any person who--'' and inserting ``(a) In General.--Any person who--'', and (2) by adding at the end the following new subsection: ``(b) Increase in Monetary Limitation for Underpayment or Overpayment of Tax Due to Fraud.--If any portion of any underpayment (as defined in section 6664(a)) or overpayment (as defined in section 6401(a)) of tax required to be shown on a return is attributable to fraudulent action described in subsection (a), the applicable dollar amount under subsection (a) shall in no event be less than an amount equal to such portion. A rule similar to the rule under section 6663(b) shall apply for purposes of determining the portion so attributable.''. (c) Effective Date.--The amendments made by this section shall apply to actions, and failures to act, occurring after the date of the enactment of this Act.

Authorizes appropriations to establish an office in the Internal Revenue Service (IRS) to investigate and prosecute violations of tax laws by individuals under investigation for criminal commercial sex activity. Amends the Internal Revenue Code to increase criminal monetary and other penalties for attempts to evade or defeat tax, willful failure to file a tax return, supply information, or pay tax, aggravated failure to file tax returns, fraud and false statements, and underpayment or overpayment of tax due to fraud.

To authorize appropriations for the purpose of establishing an office within the Internal Revenue Service to focus on violations of the internal revenue laws by persons who are under investigation for conduct relating to commercial sex acts, and to increase the criminal monetary penalty limitations for the underpayment or overpayment of tax due to fraud.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement Science and Technology Act of 2000''. SEC. 2. ESTABLISHMENT OF OFFICE; DIRECTOR. (a) Establishment.--There is hereby established in the Department of Justice under the Assistant Attorney General, Office of Justice Programs, an Office of Science and Technology (hereinafter in this Act referred to as the ``Office''). (b) Transfer of Functions and Employees.--The Office of Science and Technology of the National Institute of Justice is hereby abolished, and the functions and employees of such office shall be transferred to the Office established under subsection (a). (c) Director.--The Office shall be headed by a director appointed from the career Senior Executive Service, who shall initially be paid at the same rate of compensation applicable to the Director of the Office of Science and Technology of the National Institute of Justice on the date of the enactment of this Act. SEC. 3. MISSION OF OFFICE; DUTIES. (a) Mission.--The mission of the Office shall be-- (1) to serve as the national focal point for work on law enforcement technology; and (2) to carry out programs to improve the safety and effectiveness of, and access to, technology to assist Federal, State, and local law enforcement agencies. (b) Duties.--In carrying out its mission, the Office shall-- (1) provide recommendations and advice to the Attorney General; (2) establish advisory groups (which shall be exempt from the provisions of the Federal Advisory Committee Act (5 U.S.C. App.)) to assess the technology needs of Federal, State, and local law enforcement agencies; (3) establish technical and use standards for, and test and evaluate technologies that may be used by, Federal, State, and local law enforcement agencies; (4) establish a program to certify, validate, and mark, or otherwise recognize, products that conform to standards set by the Office; (5) work with other Federal agencies to establish a coordinated Federal approach to issues related to law enforcement technology; (6) conduct research and development in fields that would improve the safety, effectiveness, and efficiency of technologies used by Federal, State, and local law enforcement agencies, including-- (A) weapons capable of preventing use by unauthorized persons, including personalized guns; (B) protective apparel; (C) bullet-resistant and explosion-resistant glass; (D) monitoring systems and alarm systems capable of providing precise location information; (E) wire and wireless interoperable communication technologies; (F) tools and techniques that facilitate forensic work; (G) equipment for particular use in counterterrorism, including devices and technologies to disable terrorist devices; (H) guides to assist State and local law enforcement agencies; (I) DNA identification technologies; and (J) tools and techniques that facilitate investigations of computer crime. (7) administer a program of research, development, testing and demonstration to improve the interoperability of voice and data public safety communications; (8) serve on the Technical Support Working Group of the Department of Defense, and on other relevant interagency panels, as requested; (9) develop and disseminate technical assistance and training materials to local law enforcement agencies, including assistance combating computer crime; (10) operate the regional National Law Enforcement and Corrections Technology Centers and, through a competitive process, establish additional centers; (11) support research fellowships in support of its mission; (12) serve as a clearinghouse for information on law enforcement technologies; (13) represent the United States and State and local law enforcement agencies, as requested, in international activities concerning law enforcement technology; (14) enter into contracts and cooperative agreements and provide grants, which may require in-kind or cash matches from the recipient, as necessary to carry out its mission; and (15) carry out other duties assigned by the Attorney General to accomplish the mission of the Office. (d) Coordination With Federal Agencies.--Federal agencies shall, upon request from the Office and in accordance with Federal law, provide the Office with any data, reports, or other information requested, unless compliance with such request is otherwise prohibited by law. (e) Publications.--Decisions concerning publications issued by the Office shall rest solely with the Director of the Office. (f) Transfer of Funds.--The Office may transfer funds to other Federal agencies or provide funding to non-Federal entities through grants, cooperative agreements, or contracts to carry out its duties under this section. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Amounts.--In each of fiscal years 2000 through 2005, there are authorized to be appropriated for the Office $200,000,000. (b) Set-Asides.--Of the amounts appropriated for the Office in each of fiscal years 2000 through 2005-- (1) $40,000,000 shall only be available for the regional National Law Enforcement and Corrections Technology Centers; (2) $60,000,000 shall only be available for research and development of forensic technologies and methods to improve crime laboratories; (3) $20,000,000 shall only be available for development of standards and for the testing and evaluation of technologies; (4) $10,000,000 shall only be available for salaries and expenses; and (5) not more than 5 percent of funds appropriated for the Office shall be available for expenditure under the provisions enacted in the Intergovernmental Personnel Act of 1970 (Public Law 91-648; 84 Stat. 1909) and the Systems Engineering and Technical Assistance program. (c) Non-Federal Research.--(1) Of the funds available to the Office in any fiscal year for research and development, 75 percent shall be available only for non-Federal entities through a competitive process. Continuing funding through competitive awards made in prior years shall apply toward such amount. (2) Of the funds expended by the Office in any fiscal year for testing and evaluation, 75 percent shall be made available to non- Federal entities through a competitive process. Continuing funding through competitive awards made in prior years shall apply toward such amount. (d) Reductions.--If, in any of fiscal years 2001 through 2005, an amount less than $200,000,000 is appropriated for the Office, the amounts in subsection (b)(1), (2), and (3) shall be reduced in proportion to the amount appropriated. SEC. 5. ANNUAL REPORT. Not later than February 1 of each year, the Director of the Office shall submit to the President and Congress a report on the state of law enforcement technology. SEC. 6. DEFINITION. For the purposes of this Act, the term ``law enforcement technology'' includes investigative and forensic technologies, corrections technologies, and technologies that support the judicial process.

(Sec. 3) Declares that the mission of OST shall be to: (1) serve as the national focal point for work on law enforcement technology; and (2) carry out programs to improve the safety and effectiveness of, and access to, technology to assist Federal, State, and local law enforcement agencies. Sets forth the duties of OST, including to: (1) establish advisory groups to assess the technology needs of Federal, State, and local law enforcement agencies; (2) establish technical and use standards for, and test and evaluate technologies that may be used by, such agencies; (3) conduct research and development in fields that would improve the safety, effectiveness, and efficiency of technologies used by such agencies; and (4) serve as a clearinghouse for information on law enforcement technologies. Sets forth provisions regarding coordination with Federal agencies, publications, and transfer of funds by OST to other Federal agencies or provide funding to non-Federal entities. (Sec. 4) Authorizes appropriations for OST. Sets aside specified sums for: (1) regional National Law Enforcement and Corrections Technology Centers ; (2) research and development of forensic technologies and methods to improve crime laboratories; (3) development of standards and for the testing and evaluation of technologies; (4) salaries and expenses; and (5) expenditure under the provisions enacted in the Intergovernmental Personnel Act of 1970 and the Systems Engineering and Technical Assistance Program (limited to not more than five percent of funds appropriated for OST). Sets forth provisions regarding: (1) non-Federal research; and (2) reductions of funding under this Act in proportion to the amount appropriated if less than $200 million is appropriated for OST in any of fiscal years 2001 through 2005. (Sec. 5) Requires the Director of OST to submit annual reports to the President and Congress on the state of law enforcement technology.

Law Enforcement Science and Technology Act of 2000

PROGRAM. (a) Waiver of Existing Grazing Permit or Lease.--A permittee or lessee may waive to the Secretary, at any time, a valid existing grazing permit or lease authorizing commercial livestock grazing on Federal lands. (b) Cancellation of Waived Grazing Permit or Lease.--The Secretary shall cancel grazing permits and leases waived under this section and permanently retire the associated grazing allotments from commercial livestock grazing, notwithstanding any other provision of law. (c) Waiver Priority.--If funds available to the Secretary to carry out this Act are insufficient to meet all of the offers submitted to the Secretary for the waiver of grazing permits and leases, the Secretary shall give priority to the waiver of grazing permits and leases that authorize commercial livestock grazing on the following Federal lands: (1) A unit of the National Wilderness Preservation System. (2) A unit of the National Wild and Scenic River System. (3) A unit of the National Park System. (4) A unit of the National Wildlife Refuge System. (5) A grazing allotment that includes a trail in the National Trails System. (6) A unit of the National Landscape Conservation System. (7) Any designated critical habitat for a species listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (8) A designated wilderness study area. (9) Roadless and undeveloped areas identified in Forest Service, Roadless Area Conservation EIS, vol. 2 (Nov. 2000). (10) An area of critical environmental concern designated by the Bureau of Land Management. (11) A designated Research Natural Area. (12) A grazing allotment that includes a water-quality- limited stream identified by a State pursuant to section 303(d) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)). (13) A grazing allotment that includes a stream segment identified for study under section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)). (14) A grazing allotment that includes a stream segment identified by the Secretary under section 5(d)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(d)(1)). (15) A grazing allotment featuring other scientific, ecological, scenic, watershed, or recreation values, as determined by the Secretary. (d) Relation to Other Authority.--Nothing in this Act shall be construed to affect the ability of a permittee or lessee to renew or transfer a grazing permit or lease as provided by law. (e) Relation to Eminent Domain.--Nothing in this Act shall be construed to authorize the use of eminent domain for the purpose of acquiring a grazing permit or lease. SEC. 5. COMPENSATION FOR WAIVED GRAZING PERMIT OR LEASE. (a) Compensation Required.--A permittee or lessee who waives a grazing permit or lease (other than an ephemeral grazing permit or lease) under section 4(a) shall be compensated at a rate of $175 per animal unit month based on the average of the highest three years of authorized animal unit months out of the last 10 years authorized to the permittee or lessee or the predecessors of the permittee or lessee. In the case of an ephemeral grazing permit or lease, the permittee or lessee shall be compensated for the average over the last 10 years of the actual animal unit months of grazing use. (b) Grazing Fees in Arrears.--If a permittee or lessee is in arrears of Federal grazing fees, the amount of fees in arrears shall be deducted from the amount of compensation otherwise due the permittee or lessee under this section. (c) Waiver of Certain Permits or Leases Prohibited.--A permittee or lessee who seeks to waive a grazing permit or lease under section 4(a) for a grazing allotment for which no valid grazing permit or lease exists as of the date of the introduction of this Act shall not be eligible for compensation under this section. (d) Relation to Other Authority.--Nothing in this Act shall be construed to affect the Secretary's authority to otherwise modify or terminate grazing permits or leases without compensation. Compensation disbursed pursuant to this section shall not create a property right in grazing permits or leases. SEC. 6. DONATION OF GRAZING PERMIT OR LEASE. (a) Donation Authorized.--A permittee or lessee may at any time waive a claim to compensation in whole or in part under section 5 and donate to the Secretary a valid existing grazing permit or lease authorizing commercial livestock grazing on Federal lands. (b) Acceptance of Other Compensation.--A permittee or lessee may accept compensation from private or other sources in lieu of, or in addition to, receiving compensation under section 5. (c) Cancellation of Donated Permits and Leases.--The Secretary shall cancel grazing permits or leases donated under this section and permanently retire the associated grazing allotments from commercial livestock grazing. SEC. 7. EFFECT OF WAIVER OR DONATION OF GRAZING PERMIT OR LEASE. (a) Effect on Range Developments.--A permittee or lessee who waives a grazing permit or lease to the Secretary under section 4 and receives compensation under section 5, or donates a grazing permit or lease under section 6, shall be deemed to have waived any claim to all range developments on the associated grazing allotments, notwithstanding any other provision of law. (b) Securing Retired Allotments Against Unauthorized Use.--The Secretary shall ensure that grazing allotments retired from grazing under this Act are rendered reasonably secure from trespass grazing by domestic livestock. (c) Relation to Other Valid Existing Rights.--Nothing in this Act affects the allocation, ownership, interest, or control, in existence on the date of enactment of this Act, of any water, water right, or any other valid existing right held by the United States, Indian tribe, State, or private individual, partnership or corporation. SEC. 8. RETIREMENT OF GRAZING ALLOTMENTS FOR WHICH NO VALID GRAZING PERMIT OR LEASE EXISTS. The Secretary shall not issue grazing permits or leases for grazing allotments for which no valid permit or lease exists as of the date of the enactment of this Act, and shall permanently retire the grazing allotments from commercial livestock grazing, notwithstanding any other provision of law. SEC. 9. EFFECT OF NONUSE OR REDUCED USE. Notwithstanding any other provision of law, a permittee or lessee may opt not to graze a grazing allotment or to graze the grazing allotment at less than the minimum permitted level and still retain the grazing permit or lease for the remainder of its term. Such nonuse shall be considered to be in compliance with the terms of the grazing permit or lease when it becomes due for renewal. SEC. 10. COUNTY TRANSITION PAYMENTS. (a) Payments Required.--For each grazing permit or lease waived under section 4 (other than an ephemeral grazing permit or lease), the Secretary shall pay to the county in which the associated allotment is located $10 per animal unit month based on the average of the highest three years of authorized animal unit months out of the last 10 years authorized to the permittee or lessee or the predecessors of the permittee or lessee. In the case of an ephemeral grazing permit or lease, the Secretary shall pay to the county in which the associated allotment is located $10 per animal unit month based on the average over the last 10 years of the actual animal unit months of grazing use. (b) Proportional Allocation Among Counties.--In cases where an allotment is located in more than one county, the payment under subsection (a) to each county in which the allotment is located shall be proportional to the allotment's land area located in that county. SEC. 11. AUTHORIZATION OF APPROPRIATION. There is authorized to be appropriated to the Secretaries $100,000,000, to remain available until expended, to provide compensation to permittees and lessees under section 5 and to make transition payments to counties under section 10. None of the funds appropriated pursuant to this section shall be used by any Federal agency for administrative costs related to the purposes of this Act.

Multiple-Use Conflict Resolution Act of 2005 - Establishes a voluntary grazing permit and lease buyout program for commercial livestock operators on federal land. Sets forth land priorities if funds are insufficient to meet all buyouts. Provides for: (1) voluntary donation of grazing permits; (2) county transitional payments; and (3) permanent retirement of grazing allotments which have no valid grazing permits or allotment leases. States that a permittee or lessee shall maintain a lease for the remainder of its term in instances of voluntary nonuse or less than minimum use.

To provide compensation to livestock operators who voluntarily relinquish a grazing permit or lease on Federal lands where conflicts with other multiple uses render livestock grazing impractical, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Agua Fria National Monument Technical Corrections Act of 2002''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Boundary modifications. Sec. 4. Administration of Monument. Sec. 5. Effect on existing and historical uses of Federal lands in Monument. Sec. 6. Effect on grazing. Sec. 7. Land acquisition. Sec. 8. Effect on water rights. Sec. 9. Effect on use of Presidential authority to expand Monument. SEC. 2. DEFINITIONS. In this Act: (1) Monument.--The term ``Monument'' means the Agua Fria National Monument established by Presidential Proclamation 7263 of January 11, 2000 (65 Fed. Reg. 2817). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Bureau of Land Management. (3) Advisory committee.--The term ``advisory committee'' means the Agua Fria National Monument Advisory Committee established pursuant to section 4. (4) State.--The term ``State'' means the State of Arizona. SEC. 3. BOUNDARY MODIFICATIONS. (a) Removal of Lands.--The Secretary shall modify the boundaries of the Monument to exclude from the Monument the following parcels of land: (1) The north \1/2\ of section 17, township 11 north, range 3 east, Gila and Salt River meridian. (2) All private lands located within section 25, township 11 north, range 3 east, Gila and Salt River meridian. (b) Adjustment of Western Boundary.--The Secretary shall modify the western boundary of the Monument to be at least 400 feet east of the existing State Department of Transportation right-of-way. SEC. 4. ADMINISTRATION OF MONUMENT. (a) Management Authority.-- (1) Use of bureau of land management.--Subject to this Act, the administration, protection, and development of the Monument shall be exercised under the direction of the Secretary by the Bureau of Land Management. (2) Related prohibitions.--The Secretary may not use the National Park Service or the Fish and Wildlife Service to administer the Monument. The Secretary may not include or manage the Monument, or any portion of the Monument, as a unit of the National Park System, the National Wilderness Preservation System, or the National Wildlife Refuge System, except by express authorization of Congress in a law enacted after the date of the enactment of this Act. (b) Review of Interim Management Policy.--The Secretary shall review the interim management policy for the administration of the Monument, which is dated October 1, 2001, and was prepared by the Bureau of Land Management, to ensure the consistency of the policy with this Act. (c) Management Plan.--Within two years after the enactment of this Act, the Secretary shall develop a comprehensive plan for the long- range management of the Monument. The plan shall be developed with full opportunity for public participation and comment and shall contain provisions designed to ensure protection of the archaeological, scientific, educational, historical, ranching, and recreational resources and values of the Monument. (d) Advisory Committee.-- (1) Establishment.--The Secretary shall establish an advisory committee for the Monument, to be known as the ``Agua Fria National Monument Advisory Committee'', whose purpose shall be to advise the Secretary with respect to the preparation and implementation of the management plan required by subsection (c). (2) Representation.--The advisory committee shall consist of eight members appointed by the Secretary, as follows: (A) One member appointed from nominations submitted by the Governor of the State. (B) One member appointed from nominations submitted by the State Game and Fish Commission. (C) One member who is a recognized archaeologist residing in the State, appointed from nominations supplied by institutions of higher education in the State. (D) One member appointed from nominations supplied by the Board of Supervisors for Yavapai County, Arizona. (E) One member holding a grazing permit within the boundaries of the Monument. (F) One member who has a recognized background in wildlife conservation, riparian ecology, archaeology, paleontology, or other discipline directly related to the primary purposes for which the Monument was established. (G) One member residing in Arizona appointed from nominations by the Inter-Tribal Council of Arizona. (H) One member who represents recreational users of the Monument. (3) Terms.--Members of the advisory committee shall be appointed for terms of three years, except that of the members first appointed, two shall be appointed for terms of one year and three shall be appointed for terms of two years. SEC. 5. EFFECT ON EXISTING AND HISTORICAL USES OF FEDERAL LANDS INCLUDED IN MONUMENT. (a) Recognition of Existing Uses.--The designation of the Monument by Proclamation 7263 shall not be construed to alter the existing authorized uses of the Federal lands included in the Monument. For purposes of this subsection, the Secretary shall treat a land use as an existing authorized land use if that land use was an authorized use as of January 1, 2000. (b) Hunting, Trapping, and Fishing.--The Secretary shall allow hunting, trapping, and fishing on lands and waters within the Monument in accordance with applicable State law and in consultation with State agencies. The establishment of the Monument shall neither enlarge nor diminish the jurisdiction of the State of Arizona with respect to fish and wildlife management within the Monument. (c) Motorized Vehicles.--The Secretary shall continue to allow the use of motorized vehicles on designated roads and trails within the Monument. Motorized vehicle use off-road shall be prohibited, except for emergency, administrative, or any other purpose authorized by the Secretary. The Secretary shall also allow the use of nonmotorized, wheeled game carriers within the Monument for the removal of downed big game. (d) Maintenance.--The designation of the Monument shall not be construed to affect the maintenance of, or access to, rights-of-way and other easements, and the improvements thereon, including electric transmission facilities, within the Monument. SEC. 6. EFFECT ON GRAZING. (a) Findings.--Congress finds the following: (1) Livestock grazing is an important historic and traditional use of the Federal lands included in the Monument. (2) Continued livestock grazing on these lands is compatible with the purposes for which the Monument was established. (b) Grazing.--The Secretary shall permit the grazing of livestock in the Monument in accordance with all laws (including regulations) that apply to the issuance and administration of grazing leases and range improvements on other land under the jurisdiction of the Bureau of Land Management. (c) Grazing Levels.--The establishment of the Monument shall neither diminish nor increase the authorized grazing levels in the Monument. (d) Access and Improvements.--The establishment of the Monument shall have no impact on the ability of grazing lease holders, their designees, and their successors in interest to maintain, develop, and construct new stock tanks, wells, corrals, buildings, and other man- made structures and improvements within their allotments that are necessary for their grazing operations. SEC. 7. LAND ACQUISITION. The Secretary may acquire State or privately held land or interests in land within the boundaries of the Monument only by donation, purchase with donated or appropriated funds from a willing seller, or exchange with a willing party. SEC. 8. EFFECT ON WATER RIGHTS. Nothing in this Act or Presidential Proclamation 7263 of January 11, 2000, shall be construed to establish a new or implied reservation to the United States of any water or water-related right with respect to lands included in the Monument. No provision of this Act or the Proclamation shall be construed as authorizing the appropriation of water, except in accordance with the substantive and procedural law of the State. SEC. 9. EFFECT ON USE OF PRESIDENTIAL AUTHORITY TO EXPAND MONUMENT. (a) Further Expansion Precluded.--Subject to subsection (c), the designation of the Monument by Presidential Proclamation 7263 of January 11, 2000, and the enactment of this Act shall preclude the use by the President, or any designee of the President, of the authority provided in the Act of June 8, 1906 (commonly known as the Antiquities Act; U.S.C. 431 et seq.), to expand by presidential proclamation the boundaries of the Monument to include any other Federal lands. (b) Study.--Within one year after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of the Agriculture, shall submit to the President a study containing such recommendations as the Secretaries consider appropriate regarding any boundary changes to the Monument that would advance the public interest through-- (1) enhanced protection of the archaeological resources located within the Monument and on adjacent lands, including National Forest System lands; or (2) expanded opportunities for public education and scientific research concerning these archaeological resources. (c) Authorization of Boundary Adjustment.--During the 90-day period beginning on the date of the submission of the study under subsection (b), the President may adjust the boundaries of the Monument in light of the recommendations contained in the study, except that the total size of the Monument may not exceed 88,000 acres.

Agua Fria National Monument Technical Corrections Act of 2002 - Directs the Secretary of the Interior, through the Bureau of Land Management, to modify: (1) the boundaries of the Agua Fria National Monument to exclude specified parcels of public and private land; and (2) the Monument's western boundary to be at least 400 feet east of the existing Arizona State Department of Transportation right-of-way.Bars the use of the National Park Service or the Fish and Wildlife Service to administer the Monument.Requires the Secretary to: (1) review the interim management policy for the administration of the Monument; and (2) develop a plan for its long-range management.Establishes the Agua Fria National Monument Advisory Committee.Requires the Secretary to: (1) allow hunting, trapping, and fishing on lands and waters within the Monument; (2) continue to allow the use of motorized vehicles on designated roads and trails; (3) allow the use of non-motorized, wheeled game carriers for the removal of downed big game; and (4) permit livestock grazing.Declares that the designation of the Monument by Presidential Proclamation 7263 of January 11, 2000, and the enactment of this Act shall preclude the use by the President of the authority provided in the Antiquities Act to expand by presidential proclamation its boundaries to include any other Federal lands.Directs the Secretary to submit to the President a study containing recommendations regarding any boundary changes to the Monument that would enhance protection of the archaeological resources or expand opportunities for public education and scientific research concerning these resources.

To modify the boundaries of the Agua Fria National Monument in the State of Arizona to clarify Bureau of Land Management administrative responsibilities regarding the Monument, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Veterans Home Modernization Act of 2007''. SEC. 2. MODIFICATION OF AUTHORITIES FOR CONSTRUCTION OF STATE HOMES. (a) Prohibition on Approval of New Grants for New Construction That Would Expand the Number of Beds in State Homes in a State.--Section 8135 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(g)(1) The Secretary shall not approve any application for financial assistance under this subchapter that is first submitted after the date that is 730 days after the date of the enactment of this subsection if the Secretary determines that the construction for which the assistance is sought would result in an increase in the total number of beds in such State for which the Secretary makes payments under section 1741(a)(1) of this title. ``(2) The Secretary shall allow a State to modify an application to meet the requirements of this subsection and the modified application shall be treated as submitted on the date of the original application.''. (b) Disapproval of Projects That Lack Matching Funds.-- (1) In general.--Notwithstanding section 8135(c)(5) of such title, the Secretary of Veterans Affairs shall disapprove any application for financial assistance under subchapter III of chapter 81 of such title that-- (A) was submitted under section 8135 of such title on or before the 730th day after the date of the enactment of this Act; (B) after the date that is 730 days after the date of the enactment of this Act-- (i) is on the list of approved projects established under subsection (c)(4) of such section; and (ii) has not been accorded priority under subsection (c)(2)(A) of such section; and (C) the Secretary determines that the construction for which the assistance is sought would result in an increase in the total number of beds in such State for which the Secretary makes payments under section 1741(a)(1) of such title. (2) No notice or opportunity for hearing required.--Section 8135(d) of such title shall not apply to a disapproval under paragraph (1). SEC. 3. EXPANSION OF STATE HOME GRANT PROGRAM TO INCLUDE GRANTS FOR NON-INSTITUTIONAL CARE PROGRAMS. (a) Definitions.--Section 8131 of title 38, United States Code, is amended-- (1) in paragraph (3)-- (A) by striking ``domiciliary or'' and inserting ``non-institutional care, domiciliary,''; and (B) by striking ``provision of'' and inserting ``provision of non-institutional care or''; and (2) by adding at the end the following new paragraph: ``(5) The term `non-institutional care' means care consisting of services described in paragraphs (4), (5), and (6) of section 1710B(a) of this title.''. (b) Authorization of Grants.--Section 8132 of such title is amended to read as follows: ``Sec. 8132. Declaration of purpose ``The purpose of this subchapter is to assist the several States in the following: ``(1) Constructing-- ``(A) State home facilities (or acquiring facilities to be used as State home facilities) for furnishing domiciliary or nursing home care to veterans; and ``(B) non-institutional care facilities (or to acquire facilities to be used as non-institutional care facilities) for furnishing non-institutional care to veterans. ``(2) Expanding, remodeling, or altering existing buildings for-- ``(A) furnishing domiciliary, nursing home, adult day health, or hospital care to veterans in State homes; and ``(B) furnishing non-institutional care to veterans in non-institutional care programs.''. (c) Modification of Authorization of Appropriations.--Section 8133(a) of such title is amended-- (1) by inserting ``(1)'' before ``There are''; (2) by designating the second sentence as paragraph (2) and indenting the margin of such paragraph, as so designated, two ems from the left margin; (3) in paragraph (2), as so designated by paragraph (2) of this subsection, by striking ``Sums appropriated'' and inserting ``Subject to paragraph (3), sums appropriated''; and (4) by adding at the end the following new paragraph: ``(3) In the case of each fiscal year beginning after September 30, 2007, not less than 10 percent of sums appropriated for construction under this subchapter shall be used for making grants to States which have submitted, and have had approved by the Secretary, applications for non-institutional care projects.''. (d) Applications.--Section 8135(a) of such title is amended-- (1) in the matter before paragraph (1), by inserting ``or non-institutional care'' after ``State home'' both places it appears; and (2) in paragraph (4), by inserting ``, in the case of a State home facility,'' after ``and''. (e) Conforming Amendments.-- (1) Section 1741(a)(2) of such title is amended by striking ``extended care services'' and inserting ``non-institutional care services''. (2) Section 8136 of such title is amended by striking ``or hospital care'' and inserting ``hospital care, or non- institutional care''. (3) Section 8137 of such title is amended inserting ``or non-institutional care program'' after ``State home''. (4) The heading at the beginning of subchapter III of chapter 81 of such title, is amended to read as follows: ``SUBCHAPTER III--FACILITIES FOR STATE HOMES AND NON-INSTITUTIONAL CARE PROGRAMS''. (f) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by striking the item related to subchapter III and inserting the following new item: ``subchapter iii--facilities for state homes and non-institutional care programs''.

State Veterans Home Modernization Act of 2007 - Prohibits the Secretary of Veterans Affairs from approving any application for financial assistance for a construction project at a state veterans' home that is submitted 730 days after the enactment of this Act if the Secretary determines that the construction would result in an increase in the total number of beds in such state for which the Secretary makes per diem payments for the care of veterans residing in such homes. Expands the state home grant program of the Department of Veterans Affairs (VA) to authorize grants for noninstitutional care programs. Requires, for fiscal years after 2007, that not less than 10% of sums appropriated for VA home construction grants be used for grants to states which have submitted applications for noninstitutional care projects.

A bill to amend title 38, United States Code, to modify authorities for the Secretary of Veterans Affairs to accept new applications for grants for State home construction projects to authorize the Secretary to award grants for construction of facilities used in non-institutional care programs, and for other purposes.

SECTION. 1. SHORT TITLE. This Act may be cited as the ``Alaska Wetlands Conservation Credit Procedures Act of 1994''. SEC. 2. FINDINGS. The Congress finds that-- (1) according to the United States Fish and Wildlife Service, approximately 170,200,000 acres of wetlands existed in Alaska in the 1780s and approximately 170,000,000 acres of wetlands exist now, representing a loss rate of less than one- tenth of 1 percent through human and natural processes; (2) according to the United States Fish and Wildlife Service more than 221 million acres of wetlands existed at the time of Colonial America in the area that is now the contiguous United States and 117 million of those acres, roughly 53 percent, have been filled, drained, or otherwise removed from wetland status; (3) Alaska contains more wetlands than any other State, and more wetlands than all other States combined; (4) 88 percent of Alaska's wetlands are publicly owned, whereas only 26 percent of the wetlands in the contiguous 48 States are in public ownership; (5) approximately 98 percent of all Alaskan communities, including 200 of 209 remote villages in Alaska, are located in or adjacent to wetlands; (6) approximately 62 percent of all federally designated wilderness lands, 70 percent of all Federal park lands, and 90 percent of all Federal refuge lands are located in Alaska, thus providing protection to approximately 60 million acres of wetlands; (7) more than 60 million acres of wetlands are conserved in some form by land designations that restrict utilization or degradation of wetlands; (8) 104 million acres of land were granted to the State of Alaska at statehood for purposes of economic development; (9) approximately 43 million acres of land were granted to Native Alaskans through regional and village corporations and native allotments for their use and between 45 percent and 100 percent of each Native corporations' land is categorized as wetlands; (10) development of basic community infrastructure in Alaska, where approximately 75 percent of the non-mountainous areas are wetlands, is often delayed and sometimes prevented by the wetlands regulatory program for minimal identifiable environmental benefit; (11) the 1899 Rivers and Harbors Act formerly regulated disposition of dredge spoils in navigable waters, which did not include wetlands, to keep navigable waters free of impairments; (12) the 1972 Clean Water Act formed the basis for a broad expansion of Federal jurisdiction over wetlands by modifying the definition of ``navigable waters'' to include all ``waters of the United States''; (13) in 1975, a United States district court ordered the Corps to publish revised regulations concerning the scope of the section 404 program, regulations that expanded the scope of the program to include the discharge of dredged and fill material into wetlands; (14) the wetlands regulatory program was expanded yet again by regulatory action to include isolated wetlands, those that are not adjacent to navigable waters, and such an expansion formed the basis for burdensome intrusions on the property rights of Alaskans, Alaskan Native Corporations, the State of Alaska, and property owners in Alaska; (15) expansion of the wetlands regulatory program in this manner is beyond what the Congress intended when it passed the Clean Water Act and the expansion has placed increasing and unnecessary economic and administrative burdens on private property owners, small businesses, city governments, State governments, farmers, ranchers, and others for negligible environmental benefit associated with wetland permits; (16) for Alaska, a State with substantial conserved wetlands and less than 1 percent private, non-corporate land ownership, the burdens of the current wetlands regulatory program unnecessarily inhibit reasonable community growth and environmentally benign, sensitive resource development; (17) Alaska villages, municipalities, boroughs, city governments, and Native organizations are experiencing increasing frustration with the constraints of the wetlands regulatory program because it interferes with the location of community centers, airports, sanitation systems, roads, schools, industrial areas, and other critical community infrastructure; (18) policies that purport to achieve ``no net loss'' of wetlands reflect a Federal response to the 53 percent loss of the wetlands base in the south 48, a calculation that excludes Alaska wetlands; (19) total wetlands loss in Alaska is less than one-tenth of 1 percent of the total wetlands acreage in Alaska; (20) individual landowners in Alaska have experienced devaluations of up to 97 percent of their property value due to wetlands regulations and the tax base of many communities has diminished by those regulations. SEC. 3. AMENDMENT TO THE FEDERAL WATER POLLUTION CONTROL ACT. The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended-- (a) in section 101(a) (33 U.S.C. 1251(a)) by-- (1) striking ``and'' at the end of paragraph (6); (2) striking the period at the end of paragraph (7) and inserting in lieu thereof ``; and''; and (3) adding the following new paragraphs: ``(8) it is the national policy to-- ``(A) achieve a balance between wetlands conservation and adverse economic impacts on local, regional, and private economic interests and ``(B) to eliminate the regulatory taking of private property by the regulatory program authorized under section 404; ``(9) it is the national policy to encourage localized wetlands planning, without mandating it and by providing funds to encourage it, and such planning shall allow local political subdivisions and local governments to apply differential standards for the issuance of wetlands permits based on factors that include the relative amount of conserved wetlands habitat and the wetlands loss rate in the State in which such political subdivision or local government is located; and ``(10) it is the national policy that compensatory mitigation on wetlands or potential wetlands located outside the boundaries of a State shall not be required, requested, or otherwise utilized to offset impacts to wetlands inside that State.''; (b) in section 404(b) (33 U.S.C. 1344(b)) by inserting immediately after ``anchorage'' the following-- ``: Provided, however, That the guidelines adopted pursuant to clause (1) for a State with substantial conserved wetlands areas-- ``(A) shall not include requirements or standards for mitigation to compensate for wetlands loss and adverse impacts to wetlands; ``(B) may include requirements or standards for minimization of adverse impacts to wetlands; and ``(C) may include standards or requirements for avoidance of impacts only if the permit applicant is not required to establish that upland alternative sites do not exist.''; (c) in section 404(e) (33 U.S.C. 1344(e)) by inserting at the end the following new paragraph-- ``(3) Notwithstanding the requirements of paragraphs (1) and (2), at the request of a State with substantial conserved wetlands areas, the Secretary shall issue general permits for such States and the requirements under which such general permits are issued shall contain a regulatory standard for discharge of dredged or fill material into navigable waters in such State, including wetlands, that is no greater than the standard under subsection (b).''; (d) in section 404(f)(1) (33 U.S.C. 1344(f)(1)) by-- (1) striking the comma at the end of subparagraph (F) and inserting in lieu thereof a semicolon; and (2) adding the following new subparagraphs-- ``(G) associated with airport safety (ground and air) in a State with substantial conserved wetlands areas, and in any case associated with airport safety (ground and air) when the Secretary of Transportation determines that it is advisable for public safety reasons and deems it necessary; ``(H) for construction and maintenance of log transfer facilities associated with log transportation activities; ``(I) for construction of tailings impoundments utilized for treatment facilities (as determined by the development document) for the mining subcategory for which the tailings impoundment is constructed; ``(J) for construction of ice pads and ice roads and for purposes of snow storage and removal,''; and (e) by adding at the end of section 404 (33 U.S.C. 1344) the following new subsections-- ``(s) Definitions.--For purposes of this section the term-- ``(1) `conserved wetlands' means wetlands that are located in the National Park System, National Wildlife Refuge System, National Wilderness System, the Wild and Scenic River System, and other similar Federal conservation systems, combined with wetlands located in comparable types of conservation systems established under State and local authority within State and local land use systems. ``(2) `economic base lands' means lands conveyed to, selected by, or owned by Alaska Native entities pursuant to the Alaska Native Claims Settlement Act, Public Law 92-203, as amended, or the Alaska Native Allotment Act of 1906 (34 Stat. 197), and lands conveyed to, selected by, or owned by the State of Alaska pursuant to the Alaska Statehood Act, Public Law 85- 508, as amended. ``(3) `State with substantial conserved wetlands areas' means any State which-- ``(A) contains at least 15 areas of wetlands for each acre of wetlands filled, drained, or otherwise converted within such State (based upon wetlands loss statistics reported in the 1990 United States Fish and Wildlife Service Wetlands Trends report to Congress entitled `Wetlands Losses in the United States 1780's to 1980's'); or ``(B) the Secretary of the Army determines has sufficient conserved wetlands areas to provided adequate wetlands conservation in such State, based on the policies set forth in this Act. ``(t) Alaska Native and State of Alaska Lands.-- ``(1) In general.--The Secretary shall issue individual and general permits pursuant to the standards and requirements of subsections (a) and (b) for a State with substantial conserved wetlands areas. ``(2) Permit considerations.--For permits issued pursuant to this section for economic base lands, in addition to the requirements in subsections (a) and (b), the Secretary shall-- ``(A) balance the standards and policies of this Act against the obligations of the United States to allow economic base lands to be beneficially used to create and sustain economic activity; ``(B) with respect to Alaska Native lands, give substantial weight to the social and economic needs of Alaska Natives; and ``(C) account for regional differences in the abundance and value of wetlands. ``(3) General permits.--For permits issued under this section on lands owned by Alaska villages, the Secretary shall issue general permits for disposition of dredged and fill material for critical infrastructure including water and sewer systems, airports, roads, communication sites, fuel storage sites, landfills, housing, hospitals, medical clinics, schools, and other community infrastructure in rural Alaska villages without a determination that activities authorized by such a general permit cause only minimal adverse environmental effects when performed separately and will have only minimal cumulative adverse effects on the environment. ``(4) Other considerations.--The Secretary shall consult with and provide assistance to Alaska Natives (including Alaska Native Corporations) and the State of Alaska regarding promulgation and administration of policies and regulations under this section.''. S 49 IS----2

Alaska Wetlands Conservation Credit Procedures Act of 1994 - Amends the Federal Water Pollution Control Act to provide that specified guidelines for disposal sites for the discharge of dredged and fill material into navigable waters for States with substantial conserved wetlands areas: (1) shall not include requirements or standards for mitigation to compensate for wetlands loss and adverse impacts to wetlands; (2) may include requirements or standards for minimization of such adverse impacts; and (3) may include standards or requirements for avoidance of impacts only if the discharge permit applicant is not required to establish that upland alternative sites do not exist. Directs the Secretary of the Army, acting through the Chief of Engineers and at the request of a State with substantial conserved wetlands areas, to issue general permits for such States which contain a regulatory standard for such discharges that is no greater than the standard contained in the guidelines described above. Makes the discharge of dredged or fill material in connection with the following activities exempt from regulation under related provisions governing permits: (1) airport safety in a State with substantial conserved wetlands areas and in any case necessary for public safety; (2) construction and maintenance of log transfer facilities; (3) construction of tailings impoundments utilized for treatment facilities; and (4) construction of ice pads and ice roads and for snow storage and removal purposes. Requires the Secretary to issue individual and general permits pursuant to the standards and requirements of this Act for a State with substantial conserved wetlands areas. Directs the Secretary, for permits issued for economic base lands (specified lands conveyed to or owned by Alaska Native entities or the State of Alaska), to: (1) balance the standards and policies of this Act against U.S. obligations to allow such lands to be used to create and sustain economic activity; (2) give substantial weight to the social and economic needs of Alaska Natives; and (3) account for regional differences in the abundance and value of wetlands. Requires the Secretary, for lands owned by Alaska Native villages, to issue general permits for disposition of dredge and fill material for critical infrastructure in rural villages without a determination that activities authorized by such a permit cause only minimal adverse environmental effects.

Alaska Wetlands Conservation Credit Procedures Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Systemic Risk Designation Improvement Act of 2014''. SEC. 2. TABLE OF CONTENTS. The table of contents for the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended by striking the item relating to section 113 and inserting the following: ``Sec. 113. Authority to require enhanced supervision and regulation of certain nonbank financial companies and certain bank holding companies.''. SEC. 3. REVISIONS TO COUNCIL AUTHORITY. (a) Purposes and Duties.--Section 112 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5322) is amended in subsection (a)(2)(I) by inserting before the semicolon ``, which have been the subject of a final determination under section 113''. (b) Bank Holding Company Designation.--Section 113 of the Dodd- Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5323) is amended-- (1) by amending the heading for such section to read as follows: ``authority to require enhanced supervision and regulation of certain nonbank financial companies and certain bank holding companies''; (2) by redesignating subsections (c), (d), (e), (f), (g), (h), and (i) as subsections (d), (e), (f), (g), (h), (i), and (j), respectively; (3) by inserting after subsection (b) the following: ``(c) Bank Holding Companies Subject to Enhanced Supervision and Prudential Standards Under Section 165.-- ``(1) Determination.--The Council, on a nondelegable basis and by a vote of not fewer than \2/3\ of the voting members then serving, including an affirmative vote by the Chairperson, may determine that a bank holding company shall be subject to enhanced supervision and prudential standards by the Board of Governors, in accordance with section 165, if the Council determines, based on the considerations in paragraph (2), that material financial distress at the bank holding company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of the bank holding company, could pose a threat to the financial stability of the United States. ``(2) Considerations.--In making a determination under paragraph (1), the Council shall use the indicator-based measurement approach established by the Basel Committee on Banking Supervision to determine systemic importance, which considers-- ``(A) the size of the bank holding company; ``(B) the interconnectedness of the bank holding company; ``(C) the extent of readily available substitutes or financial institution infrastructure for the services of the bank holding company; ``(D) the global cross-jurisdictional activity of the bank holding company; and ``(E) the complexity of the bank holding company. ``(3) Exemption for certain bank holding companies.--This subsection shall not apply to a bank holding company with total consolidated assets of $50,000,000,000 or less.''; (4) in subsection (d), as so redesignated-- (A) in paragraph (1)(A), by striking ``subsection (a)(2) or (b)(2)'' and inserting ``subsection (a)(2), (b)(2), or (c)(2)''; and (B) in paragraph (4), by striking ``Subsections (d) through (h)'' and inserting ``Subsections (e) through (i)''; (5) in subsections (e), (f), (g), (h), (i), and (j)-- (A) by striking ``subsections (a) and (b)'' each place such term appears and inserting ``subsections (a), (b), and (c)''; and (B) by striking ``nonbank financial company'' each place such term appears and inserting ``bank holding company for which there has been a determination under subsection (c) or nonbank financial company''; (6) in subsection (g), as so redesignated, by striking ``subsection (e)'' and inserting ``subsection (f)''; (7) in subsection (h), as so redesignated, by striking ``subsection (a), (b), or (c)'' and inserting ``subsection (a), (b), (c), or (d)''; and (8) in subsection (i), as so redesignated, by striking ``subsection (d)(2), (e)(3), or (f)(5)'' and inserting ``subsection (e)(2), (f)(3), or (g)(5)''. (c) Enhanced Supervision.--Section 115 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5325) is amended-- (1) in subsection (a)(1), by striking ``large, interconnected bank holding companies'' and inserting ``bank holding companies which have been the subject of a final determination under section 113''; (2) in subsection (a)(2)-- (A) in subparagraph (A), by striking ``or'' at the end; (B) by striking ``the Council may'' and all that follows through ``differentiate'' and inserting ``the Council may differentiate''; and (C) by striking subparagraph (B); and (3) in subsection (b)(3), by striking ``subsections (a) and (b) of section 113'' each place such term appears and inserting ``subsections (a), (b), and (c) of section 113''. (d) Reports.--Section 116(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5326(a)) is amended by striking ``with total consolidated assets of $50,000,000,000 or greater'' and inserting ``which has been the subject of a final determination under section 113''. (e) Mitigation.--Section 121 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5331) is amended-- (1) in subsection (a), by striking ``with total consolidated assets of $50,000,000,000 or more'' and inserting ``which has been the subject of a final determination under section 113''; and (2) in subsection (c), by striking ``subsection (a) or (b) of section 113'' and inserting ``subsection (a), (b), or (c) of section 113''. (f) Office of Financial Research.--Section 155 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5345) is amended in subsection (d) by striking ``with total consolidated assets of 50,000,000,000 or greater'' and inserting ``which have been the subject of a final determination under section 113''. SEC. 4. REVISIONS TO BOARD AUTHORITY. (a) Acquisitions.--Section 163 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5363) is amended by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' each place such term appears and inserting ``which has been the subject of a final determination under section 113''. (b) Management Interlocks.--Section 164 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5364) is amended by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' and inserting ``which has been the subject of a final determination under section 113''. (c) Enhanced Supervision and Prudential Standards.--Section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5365) is amended-- (1) in subsection (a), by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' and inserting ``which have been the subject of a final determination under section 113''; (2) in subsection (a)(2)-- (A) by striking ``(A) In general.--''; and (B) by striking subparagraph (B); (3) by striking ``subsections (a) and (b) of section 113'' each place such term appears and inserting ``subsections (a), (b), and (c) of section 113''; and (4) in subsection (j), by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' and inserting ``which has been the subject of a final determination under section 113''. (d) Conforming Amendment.--The second subsection (s) (relating to ``Assessments, Fees, and Other Charges for Certain Companies'') of section 11 of the Federal Reserve Act (12 U.S.C. 248) is amended-- (1) by redesignating such subsection as subsection (t); and (2) in paragraph (2)-- (A) in subparagraph (A), by striking ``having total consolidated assets of $50,000,000,000 or more;'' and inserting ``which have been the subject of a final determination under section 113 of the Dodd-Frank Wall Street Reform and Consumer Protection Act; and''; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B). SEC. 5. EFFECTIVE DATE. (a) In General.--Subject to subsection (b), the amendments made by this Act shall take effect one year after the date of enactment of this Act. (b) Presumption of Determination.--Notwithstanding subsection (a), with respect to a bank holding company that has been identified by the Financial Stability Board as a Global Systemically Important Financial Institution, the Financial Stability Oversight Council may, upon enactment of this Act, begin proceedings for a determination under section 113(c) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, as added by section 3(b)(3), but the Council may not make a final determination under such section 113(c) with respect to a bank holding company before the effective date described under subsection (a).

Systemic Risk Designation Improvement Act of 2014 - Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to authorize the Financial Stability Oversight Council to determine that a bank holding company shall be subject to enhanced supervision and prudential standards by the Board of Governors of the Federal Reserve System, if the Council makes a final determination that material financial distress at the bank holding company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of its activities, could threaten the financial stability of the United States. Requires that final determination to be based upon specified factors using an indicator-based measurement approach established by the Basel Committee on Banking Supervision to determine systemic importance. Exempts from any Council determination to subject a bank holding company to enhanced supervision and prudential standards a bank holding company with total consolidated assets of $50 billion or less. Prohibits the Council, before the effective date of this Act, from making a final determination concerning any material financial distress of a bank holding company identified by the Financial Stability Board as a Global Systemically Important Financial Institution.

Systemic Risk Designation Improvement Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Childhood Immunizations Improvement Act of 1993''. SEC. 2. ESTABLISHMENT OF DEMONSTRATION PROGRAM REGARDING CHILDHOOD IMMUNIZATIONS. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.), as amended by section 308 of Public Law 102-531 (106 Stat. 3495), is amended by inserting after section 317D the following section: ``demonstration program regarding childhood immunizations ``Sec. 317E. (a) In General.--The Secretary may make grants to States to carry out demonstration projects for the purpose of providing to children, without charge, immunizations against vaccine-preventable diseases in accordance with the schedule established under subsection (d). ``(b) Requirement Regarding Project Sites.--The Secretary may make a grant under subsection (a) only if the State involved agrees that immunizations provided pursuant to such subsection will be provided exclusively on the premises of facilities at which individuals are required to present themselves for purposes relating to the receipt of assistance under-- ``(1) a State plan approved under part A of title IV of the Social Security Act (relating to aid to families with dependent children); ``(2) the Food Stamp Act of 1977; or ``(3) other Federal or State programs, subject to the approval of the Secretary. ``(c) Parental Incentives Regarding Immunizations.--With respect to a program of assistance specified in or approved under subsection (b), the Secretary may make a grant under subsection (a) only if-- ``(1) the State involved identifies which of such programs are being administered at the facility or facilities at which immunizations are to be provided pursuant to subsections (a) and (b); ``(2) the State submits to the Secretary a plan for increasing, decreasing, or denying assistance under the programs so identified as inducements to parents to ensure that the children of the parents are immunized in accordance with the schedule established under subsection (d); ``(3) the programs so identified authorize the inducements that are provided for in the plan; ``(4) the Secretary approves the plan; and ``(5) the State agrees that, in carrying out such programs, the State will implement such inducements in accordance with the plan. ``(d) Schedule of Immunizations.--The Secretary shall-- ``(1) establish a list of the vaccines that the Secretary recommends for administration to all children for the purpose of immunizing the children against vaccine-preventable diseases (subject to such contraindications for particular medical categories of children as the Secretary may establish); and ``(2) establish a schedule of recommendations with respect to administering the vaccines to children, including recommendations regarding the age of children, the number of immunizations, and the dosage of vaccines. ``(e) Rule of Construction Regarding Eligibility for Immunizations.--Subsections (b) and (c) may not be construed as prohibiting the Secretary from authorizing grantees under subsection (a) to provide immunizations pursuant to such subsection to the children of individuals who are not receiving assistance under any of the programs specified in or approved under subsection (b). ``(f) Application for Grant.--The Secretary may make a grant under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. ``(g) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $2,000,000 for each of the fiscal years 1994 through 1997.''. SEC. 3. AUTHORIZATION IN SOCIAL SECURITY ACT WITH RESPECT TO DEMONSTRATION PROGRAM. Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended-- (1) by striking ``and'' at the end of paragraph (44); (2) by striking the period at the end of paragraph (45) and inserting ``; and''; and (3) by inserting after paragraph (45) the following: ``(46) at the option of the State, provide for increasing, decreasing, or denying aid under the plan as an inducement to parents for purposes of demonstration projects under section 317E of the Public Health Service Act (relating to immunizations for children).''. SEC. 4. AUTHORIZATION IN FOOD STAMP ACT OF 1977 WITH RESPECT TO DEMONSTRATION PROGRAM. (a) Reduction of Allotment.--Section 8 of the Food Stamp Act of 1977 (7 U.S.C. 2017) is amended by adding at the end the following: ``(f)(1) The allotment issued to a household that-- ``(A) includes a child less than 2 years of age; and ``(B) reports to a State agency office located in a facility in which immunizations are made available to such child under a demonstration project carried out under section 317E of the Public Health Service Act; shall be determined monthly in accordance with paragraph (2). ``(2) If such household fails to demonstrate to the satisfaction of the State agency that such child has received each immunization from such project (or from an alternative source) in accordance with the immunization schedule in effect under section 317E(d) of such Act, the allotment of such household determined under this section without regard to this subsection shall be reduced by such amount, and for such period, as the State agency determines to be an appropriate inducement to obtain such immunization from such project for such child.''. (b) Effective Date and Application of Amendment.-- (1) Effective date.--Except as provided in paragraph (2), the amendment made by subsection (a) shall take effect on October 1, 1994. (2) Application of amendment.--The amendment made by subsection (a) shall not apply with respect to certification periods beginning before the October 1, 1994.

Childhood Immunizations Improvement Act of 1993 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants to States to carry out demonstration projects to provide children, without charge, immunizations against vaccine-preventable diseases. Authorizes appropriations for FY 1994 through 1997. Amends the Social Security Act and the Food Stamp Act to provide authorizations with respect to such demonstration project.

Childhood Immunizations Improvement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Education Funding Act''. SEC. 2. FORMULA CHANGES. (a) Amount of Grants.--Subsection (a) of section 1005 of the Elementary and Secondary Education Act of 1965 is amended-- (1) in paragraph (1)-- (A) by inserting ``and puerto rico'' after ``Grants for territories''; (B) by striking ``1 percent'' and inserting ``4.5 percent''; and (C) by inserting ``and Puerto Rico'' after ``Virgin Islands'' each place it appears; (2) in paragraph (2)-- (A) by striking ``and Puerto Rico'' after ``Grants for local educational agencies''; (B) subparagraph (A), by striking ``determined by multiplying'' and all that follows through the end of clause (ii) and inserting the following: ``the sum of-- ``(i) the product of-- ``(I) 50 percent of the number of children counted under subsection (c); and ``(II) the average educational cost factor of the State, except as provided in subparagraph (C); and ``(ii) the product of-- ``(I) 50 percent of the number of children counted under subsection (c); and ``(II) the average per pupil effort factor of the State, except as provided in subparagraph (C); and (C) by amending subparagraph (C) to read as follows: ``(C)(i) In determining the amount under subparagraph (A)(i)-- ``(I) if the amount of the average educational cost factor in the State is less than 80 percent of the amount of the average educational cost factor in the United States, the amount of the average educational cost factor shall be 80 percent of the average educational cost factor in the United States; or ``(II) if the amount of the average educational cost factor in the State is more than 120 percent of the amount of the average educational cost factor in the United States, the amount of the average educational cost factor shall be 120 percent of the average educational cost factor in the United States. ``(ii) In determining the amount under subparagraph (A)(ii)-- ``(I) if the amount of the average per pupil effort factor in the State is less than 80 percent of the amount of the average per pupil effort factor in the United States, the amount of the average per pupil effort shall be 80 percent of the average per pupil effort factor in the United States; or ``(II) if the amount of the average per pupil effort factor in the State is more than 120 percent of the amount of the average per pupil effort factor in the United States, the amount of the average per pupil effort factor shall be 120 percent of the average per pupil effort factor in the United States.'' (3) in paragraph (4), by inserting ``Puerto Rico'' after the ``Virgin Islands''. (b) Determination of Number of Children.--Subparagraph (A) of section 1005(c)(2) of the Elementary and Secondary Education Act of 1965 is amended by striking ``on the basis of'' and all that follows through ``decennial census'' and inserting the following: ``for local educational agencies (or, if such data are not available for such agencies, for counties) on the basis of-- ``(i) if available, criteria developed by the Department of Commerce to determine annual poverty statistics by age; or ``(ii) if the information described in clause (i) is not available, annual percentage adjustments to the most recent poverty statistics available, derived by applying the most recent calculation of the number of students aged 5 to 17 determined by the Bureau of Census in its annual Population Statistics to the percentage in poverty in a State from such poverty statistics.''. SEC. 3. DEFINITIONS. Part A of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 is amended by inserting after section 1005, the following: ``SEC. 1005a. TERMS DEFINED FOR BASIC GRANTS. ``For purposes of section 1005-- ``(1) the term `average per pupil expenditure' means in the case of a State or the United States, the aggregate current expenditures, during the fiscal year for which the computation is made (or, if unavailable, the most recent fiscal year preceding the fiscal year for which the computation is made,) of all local educational agencies in the State plus any direct current expenditures by the State or in the United States (which for the purposes of this paragraph means the 50 States and the District of Columbia), divided by the number of children enrolled in schools of such agency on the closest school day to October 1 of such fiscal year; ``(2) the term `average educational cost factor' means the sum of 50 percent of the ratio of the average per pupil expenditure of a State in relation to all States, and 50 percent of the average instructional staff salaries factor of such State; ``(3) The term `average instructional staff salaries factor' means the average salary of classroom teachers in elementary and secondary schools in a State divided by the average of such salaries for all States; ``(4) The term `per pupil income' means the total gross personal income of a State during a specific year as reported by the Department of Commerce, Bureau of Economic Analysis, divided by the total number of children aged 5 to 17 for such State for the same year as reported by the Department of Commerce, Bureau of Census. ``(5) The term `average per pupil effort factor' means the average per pupil expenditure of the State divided by the average per pupil income factor of the State; divided by the quotient of the average per pupil expenditure of the United States and the average per pupil income factor of the United States.''.

Equal Education Funding Act - Amends the Elementary and Secondary Education Act of 1965 to revise the formula for determining the amount of grants to States under the chapter 1 title I program for educationally disadvantaged children. Adds definitions for such basic grant program, including an average per pupil effort factor based on State and national average per pupil expenditures and income factors.

Equal Education Funding Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Honoring Investments in Recruiting and Employing American Military Veterans Act of 2015'' or the ``HIRE Vets Act''. SEC. 2. HIRE VETS MEDALLION PROGRAM. (a) Program Established.--Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall establish, by rule, a HIRE Vets Medallion Program to solicit voluntary information from employers for purposes of recognizing, by means of an award to be designated a ``HIRE Vets Medallion Award'', verified efforts by such employers-- (1) to recruit, employ, and retain veterans; and (2) to provide community and charitable services supporting the veteran community. (b) Application Process.--Beginning in the calendar year following the calendar year in which the Secretary establishes the program, the Secretary shall annually-- (1) solicit and accept voluntary applications from employers in order to consider whether those employers should receive a HIRE Vets Medallion Award; (2) review applications received in each calendar year; (3) notify the recipients of the awards; and (4) at a time to coincide with the annual commemoration of Veterans Day-- (A) announce the names of such recipients; (B) recognize such recipients through publication in the Federal Register; and (C) issue to each such recipient a HIRE Vets Medallion Award of the level determined under section 3, in the form of a certificate, to be designated a ``HIRE Vets Medallion Certificate'', which shall state that the employer is entitled to publicly display such Award as desired. (c) Timing.-- (1) Solicitation period.--The Secretary shall solicit applications not later than January 31st of each calendar year for the medallion awards to be awarded in November of that calendar year. (2) End of acceptance period.--The Secretary shall stop accepting the applications not earlier than April 30th of each calendar year for the medallion awards to be awarded in November of that calendar year. (3) Review period.--The Secretary shall finish reviewing the applications, as described in section 3(a), not later than August 31st of each calendar year for the medallion awards to be awarded in November of that calendar year. (4) Determinations by secretary.--The Secretary shall determine a list of employers to receive HIRE Vets Medallion Awards not later than September 30th of each calendar year for the medallion awards to be awarded in November of that calendar year. (5) Notice to recipients.--The Secretary shall notify employers who will receive HIRE Vets Medallion Awards not later than October 11th of each calendar year for the medallion awards to be awarded in November of that calendar year. SEC. 3. SELECTION OF RECIPIENTS. (a) Application Review Process.-- (1) In general.--The Secretary shall, directly or by contract, review all applications received in a calendar year in accordance with section 2(c) to determine whether an employer should receive a HIRE Vets Medallion Award, and, if so, of what level. (2) Application contents.--The Secretary shall require that all applications provide information on the programs and other efforts of applicant employers during the calendar year previous to that in which the medallion award is to be awarded, including information concerning the number of employees of the applicant involved and activities governing the level of award for which the applicant is eligible under subsection (b). The Secretary shall require that each application contain a certification, signed by the senior executive responsible for employee hiring, that the employer has met the criteria described in subsection (b) for a particular level of medallion award. (b) Awards.-- (1) Large employers.-- (A) In general.--The Secretary shall establish 3 levels of HIRE Vets Medallion Awards to be awarded to employers employing 500 or more employees, to be designated the ``Bronze HIRE Vets Medallion Award'', the ``Silver HIRE Vets Medallion Award'', and the ``Gold HIRE Vets Medallion Award''. (B) Bronze hire vets medallion award.--No employer shall be eligible to receive a Bronze HIRE Vets Medallion Award in a given calendar year unless-- (i)(I) veterans constitute not less than 5 percent of all employees hired by such employer during the previous calendar year; or (II) veterans constitute not less than 7 percent of the employer's total workforce; (ii) such employer provides charitable contributions to veteran support organizations; (iii) such employer retains through the end of that previous calendar year not less than 75 percent of veteran employees hired during the calendar year prior to the previous calendar year (unless that prior calendar year began more than 1 year before the first year in which the Secretary solicited applications under section 2(b)(1)); and (iv) such employer provides a targeted training program for new veteran employees. (C) Silver hire vets medallion award.--No employer shall be eligible to receive a Silver HIRE Vets Medallion Award in a given calendar year unless-- (i) such employer is eligible to receive a Bronze HIRE Vets Medallion Award in such year; (ii)(I) veterans constitute not less than 7 percent of all employees hired by such employer during the previous calendar year; or (II) veterans constitute not less than 10 percent of the employer's total workforce; (iii) such employer has established an employee veteran organization or resource group to assist new veteran employees with integration, including providing coaching and mentoring; and (iv) such employer has established a program to enhance the leadership skills of veteran employees, to promote their upward mobility during their employment. (D) Gold hire vets medallion award.--No employer shall be eligible to receive a Gold HIRE Vets Medallion Award in a given calendar year unless-- (i) such employer is eligible to receive a Silver HIRE Vets Medallion Award in such year; (ii)(I) veterans constitute not less than 10 percent of all employees hired by such employer during the previous calendar year; or (II) veterans constitute not less than 15 percent of the employers total workforce; (iii) such employer retains through the end of that previous calendar year not less than 85 percent of veteran employees hired during the calendar year prior to the previous calendar year (unless that prior calendar year began more than 1 year before the first year in which the Secretary solicited applications under section 2(b)(1)); (iv) such employer employs a dedicated human resources professional to support hiring and retention of veteran employees, including undertaking efforts focused on veteran hiring and training; (v) such employer provides each of its employees, who is a member of a reserve component of the Armed Forces serving on active duty, with compensation sufficient, in combination with the employee's basic pay in connection with service on active duty in the Armed Forces, to achieve a combined level of income commensurate with the employee's compensation prior to undertaking active duty; and (vi) such employer has established a tuition assistance program to support veteran employees' attendance at an institution of higher education during the term of their employment. (E) Exemption for smaller employers.--An employer shall be deemed to meet the requirements of subparagraph (D)(iv) if such employer-- (i) employs 5,000 or fewer employees; and (ii) employs at least one human resources professional whose primary work duties include those described under subparagraph (D)(iv). (F) Additional criteria.--The Secretary may provide, by rule, additional criteria with which to determine qualifications for receipt of each level of HIRE Vets Medallion Award. If the Secretary provides for the additional criteria, the employer shall include information on the criteria in the application described in subsection (a)(2), and the Secretary shall determine eligibility for such an award on the basis of those criteria and the other criteria specified in this paragraph. (2) Small and medium-size employers.--The Secretary shall establish similar criteria for Bronze, Silver, and Gold Hire Vets Medallion Awards in order to recognize achievements in supporting veterans by-- (A) employers with 50 or fewer employees; and (B) employers with more than 50 but fewer than 500 employees. (c) Design by Secretary.-- (1) In general.--Except as described in paragraph (2), the Secretary shall establish the shape, form, and design of each HIRE Vets Medallion Award. (2) Requirements.--The award shall be in the form of a certificate. The award shall state the year for which it is awarded. SEC. 4. DISPLAY OF AWARD. (a) In General.--The recipient of a HIRE Vets Medallion Award may publicly display such medallion award as desired. (b) Unlawful Display Prohibited.--It is unlawful for any employer to publicly display a HIRE Vets Medallion Award if such employer did not receive such medallion award through the HIRE Vets Medallion Program. SEC. 5. APPLICATION FEE AND FUNDING. (a) Fee Authorized.--The Secretary may assess a reasonable fee on employers that apply for receipt of a HIRE Vets Medallion Award. (b) Fund Established.--There is established in the Treasury of the United States a separate account for the deposit of fees collected under subsection (a), to be designated the ``HIRE Vets Medallion Fund''. (c) Deposit.--The Secretary shall deposit any fees collected pursuant to subsection (a) into the HIRE Vets Medallion Fund. (d) Authorization of Appropriations.-- (1) Sources of appropriations.-- (A) First 2 years.--There are authorized to be appropriated for the first 2 fiscal years in which applications are to be solicited under section 2(b) such sums as may be necessary to carry out this Act in such fiscal years. (B) Years following applications.--Amounts in the HIRE Vets Medallion Fund shall be available, to the extent provided in appropriations Acts, for each fiscal year following a prior fiscal year in which fees are collected under subsection (a). (2) Availability.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. (3) Use.--Amounts in the Fund shall be available, as provided in appropriation Acts pursuant to paragraph (1), for carrying out this Act. SEC. 6. REPORT TO CONGRESS. (a) Reports.--Beginning not later than 2 years after the date of the establishment of the HIRE Vets Medallion Program under section 2(a), the Secretary shall submit to Congress annual reports in January of each calender year on-- (1) the fees collected from applicants for HIRE Vets Medallion Awards in the prior year and any changes in fees to be proposed in the present year; (2) the cost of administering the HIRE Vets Medallion Program in the prior year; (3) the number of applications for HIRE Vets Medallion Awards received in the prior year; and (4) the HIRE Vets Medallion Awards awarded in the prior year, including the name of each employer to whom a HIRE Vets Medallion Award was awarded and the level of Medallion Award awarded to each such employer. (b) Committees.--The Secretary shall provide the reports required under subsection (a) to the Chairman and Ranking Member of-- (1) the Committees on Appropriations, Education and the Workforce, and Veterans' Affairs of the House of Representatives; and (2) the Committees on Appropriations, Health, Education, Labor, and Pensions, and Veterans' Affairs of the Senate. SEC. 7. DEFINITIONS. In this Act: (1) Employer.--The term ``employer'' has the meaning given such term under section 4303 of title 38, United States Code, except that such term does not include-- (A) the Federal Government; (B) any State, as defined in such section; or (C) any foreign state. (2) Secretary.--The term ``Secretary'' means the Secretary of Labor. (3) Veteran.--The term ``veteran'' has the meaning given such term under section 101 of title 38, United States Code.

Honoring Investments in Recruiting and Employing American Military Veterans Act of 2015 or the HIRE Vets Act This bill directs the Department of Labor to establish a HIRE Vets Medallion Program to solicit voluntary information from employers for purposes of recognizing, by the award of a HIRE Vets Medallion, verified efforts by these employers to: (1) recruit, employ, and retain veterans; and (2) provide community and charitable services supporting the veteran community.

HIRE Vets Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018''. SEC. 2. FINDINGS. Congress finds the following: (1) The demand for child pornography harms children because it drives production, which involves severe child sexual abuse and exploitation. (2) The harms caused by child pornography begin, but do not end, with child sex assault because child pornography is a permanent record of that abuse and trafficking in those images compounds the harm to the child. (3) In Paroline v. United States (2014), the Supreme Court recognized that ``every viewing of child pornography is a repetition of the victim's abuse''. (4) The American Professional Society on the Abuse of Children has stated that for victims of child pornography, ``the sexual abuse of the child, the memorialization of that abuse which becomes child pornography, and its subsequent distribution and viewing become psychologically intertwined and each compound the harm suffered by the child-victim''. (5) Victims suffer continuing and grievous harm as a result of knowing that a large, indeterminate number of individuals have viewed and will in the future view images of their childhood sexual abuse. Harms of this sort are a major reason that child pornography is outlawed. (6) The unlawful collective conduct of every individual who reproduces, distributes, or possesses the images of a victim's childhood sexual abuse plays a part in sustaining and aggravating the harms to that individual victim. (7) It is the intent of Congress that victims of child pornography be compensated for the harms resulting from every perpetrator who contributes to their anguish. Such an aggregate causation standard reflects the nature of child pornography and the unique ways that it actually harms victims. SEC. 3. DETERMINING RESTITUTION. (a) Determining Restitution.--Section 2259(b) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``The order'' and inserting ``Except as provided in paragraph (2), the order''; and (B) by striking ``as determined by the court pursuant to paragraph (2)'' after ``of the victim's losses''; (2) by striking paragraph (3); (3) by redesignating paragraph (2) as paragraph (3); and (4) by inserting after paragraph (1) the following: ``(2) Restitution for trafficking in child pornography.--If the defendant was convicted of trafficking in child pornography, the court shall order restitution under this section in an amount to be determined by the court as follows: ``(A) Determining the full amount of a victim's losses.-- The court shall determine the full amount of the victim's losses that were incurred or are reasonably projected to be incurred by the victim as a result of the trafficking in child pornography depicting the victim. ``(B) Determining a restitution amount.--After completing the determination required under subparagraph (A), the court shall order restitution in an amount that reflects the defendant's relative role in the causal process that underlies the victim's losses, but which is no less than $3,000. ``(C) Termination of payment.--A victim's total aggregate recovery pursuant to this section shall not exceed the full amount of the victim's demonstrated losses. After the victim has received restitution in the full amount of the victim's losses as measured by the greatest amount of such losses found in any case involving that victim that has resulted in a final restitution order under this section, the liability of each defendant who is or has been ordered to pay restitution for such losses to that victim shall be terminated. The court may require the victim to provide information concerning the amount of restitution the victim has been paid in other cases for the same losses.''. (b) Additional Definitions.--Section 2259(c) of title 18, United States Code, is amended-- (1) in the heading, by striking ``Definition'' and inserting ``Definitions''; (2) by striking ``For purposes'' and inserting the following: ``(4) Victim.--For purposes''; (3) by striking ``under this chapter, including, in the case'' and inserting ``under this chapter. In the case''; (4) by inserting after ``or any other person appointed as suitable by the court,'' the following: ``may assume the crime victim's rights under this section,''; and (5) by inserting before paragraph (4), as so designated, the following: ``(1) Child pornography production.--For purposes of this section and section 2259A, the term `child pornography production' means conduct proscribed by subsections (a) through (c) of section 2251, section 2251A, section 2252A(g) (in cases in which the series of felony violations involves at least 1 of the violations listed in this subsection), section 2260(a), or any offense under chapter 109A or chapter 117 that involved the production of child pornography (as such term is defined in section 2256). ``(2) Full amount of the victim's losses.--For purposes of this subsection, the term `full amount of the victim's losses' includes any costs incurred, or that are reasonably projected to be incurred in the future, by the victim, as a proximate result of the offenses involving the victim, and in the case of trafficking in child pornography offenses, as a proximate result of all trafficking in child pornography offenses involving the same victim, including-- ``(A) medical services relating to physical, psychiatric, or psychological care; ``(B) physical and occupational therapy or rehabilitation; ``(C) necessary transportation, temporary housing, and child care expenses; ``(D) lost income; ``(E) reasonable attorneys' fees, as well as other costs incurred; and ``(F) any other relevant losses incurred by the victim. ``(3) Trafficking in child pornography.--For purposes of this section and section 2259A, the term `trafficking in child pornography' means conduct proscribed by section 2251(d), 2252, 2252A(a)(1) through (5), 2252A(g)(in cases in which the series of felony violations exclusively involves violations of section 2251(d), 2252, 2252A(a)(1) through (5), or 2260(b)), or 2260(b).''. (c) Clerical Amendment.--Section 1593(b)(3) of title 18, United States Code, is amended by striking ``section 2259(b)(3)'' and inserting ``section 2259(c)(2)''. SEC. 4. DEFINED MONETARY ASSISTANCE. Section 2259 of title 18, United States Code, is amended by adding at the end the following: ``(d) Defined Monetary Assistance.-- ``(1) Defined monetary assistance made available at victim's election.-- ``(A) Election to receive defined monetary assistance.-- Subject to paragraphs (2) and (3), when a defendant is convicted of trafficking in child pornography, any victim of that trafficking in child pornography may choose to receive defined monetary assistance from the Child Pornography Victims Reserve established under section 1402(d)(6) of the Victims of Crime Act of 1984 (34 U.S.C. 20101(d)). ``(B) Finding.--To be eligible for defined monetary assistance under this subsection, a court shall determine whether the claimant is a victim of the defendant who was convicted of trafficking in child pornography. ``(C) Order.--If a court determines that a claimant is a victim of trafficking in child pornography under subparagraph (B) and the claimant chooses to receive defined monetary assistance, the court shall order payment in accordance with subparagraph (D) to the victim from the Child Pornography Victims Reserve established under section 1402(d)(6) of the Victims of Crime Act of 1984. ``(D) Amount of defined monetary assistance.--The amount of defined monetary assistance payable under this subparagraph shall be equal to-- ``(i) for the first calendar year after the date of enactment of this subsection, $35,000; and ``(ii) for each calendar year after the year described in clause (i), $35,000 multiplied by the ratio (not less than one) of-- ``(I) the Consumer Price Index for all Urban Consumers (CPI-U, as published by the Bureau of Labor Statistics of the Department of Labor) for the calendar year preceding such calendar year; to ``(II) the CPI-U for the calendar year 2 years before the calendar year described in clause (i). ``(2) Limitations on defined monetary assistance.-- ``(A) In general.--A victim may only obtain defined monetary assistance under this subsection once. ``(B) Effect on recovery of other restitution.--A victim who obtains defined monetary assistance under this subsection shall not be barred or limited from receiving restitution against any defendant for any offenses not covered by this section. ``(C) Deduction.--If a victim who received defined monetary assistance under this subsection subsequently seeks restitution under this section, the court shall deduct the amount the victim received in defined monetary assistance when determining the full amount of the victim's losses. ``(3) Limitations on eligibility.--A victim who has collected payment of restitution pursuant to this section in an amount greater than the amount provided for under paragraph (1)(D) shall be ineligible to receive defined monetary assistance under this subsection. ``(4) Attorney fees.-- ``(A) In general.--An attorney representing a victim seeking defined monetary assistance under this subsection may not charge, receive, or collect, and the court may not approve, any payment of fees and costs that in the aggregate exceeds 15 percent of any payment made under this subsection. ``(B) Penalty.--An attorney who violates subparagraph (A) shall be fined under this title, imprisoned not more than 1 year, or both.''. SEC. 5. ASSESSMENTS IN CHILD PORNOGRAPHY CASES. (a) Assessments in Child Pornography Cases.--Chapter 110 of title 18, United States Code, is amended by inserting after section 2259 the following: ``Sec. 2259A. Assessments in child pornography cases ``(a) In General.--In addition to any other criminal penalty, restitution, or special assessment authorized by law, the court shall assess-- ``(1) not more than $17,000 on any person convicted of an offense under section 2252(a)(4) or 2252A(a)(5); ``(2) not more than $35,000 on any person convicted of any other offense for trafficking in child pornography; and ``(3) not more than $50,000 on any person convicted of a child pornography production offense. ``(b) Annual Adjustment.--The dollar amounts in subsection (a) shall be adjusted annually in conformity with the Consumer Price Index. ``(c) Factors Considered.--In determining the amount of the assessment under subsection (a), the court shall consider the factors set forth in sections 3553(a) and 3572. ``(d) Imposition and Implementation.-- ``(1) In general.--The provisions of subchapter C of chapter 227 (other than section 3571) and subchapter B of chapter 229 (relating to fines) apply to assessments under this section, except that paragraph (2) applies in lieu of any contrary provisions of law relating to fines or disbursement of money received from a defendant. ``(2) Effect on other penalties.--Imposition of an assessment under this section does not relieve a defendant of, or entitle a defendant to reduce the amount of any other penalty by the amount of the assessment. Any money received from a defendant shall be disbursed so that each of the following obligations is paid in full in the following sequence: ``(A) A special assessment under section 3013. ``(B) Restitution to victims of any child pornography production or trafficking offense that the defendant committed. ``(C) An assessment under this section. ``(D) Other orders under any other section of this title. ``(E) All other fines, penalties, costs, and other payments required under the sentence.''. (b) Child Pornography Victims Reserve.--Section 1402(d) of the Victims of Crime Act of 1984 (34 U.S.C. 20101(d)) is amended by adding at the end the following: ``(6)(A) The Director may set aside up to $10,000,000 of the amounts remaining in the Fund in any fiscal year after distributing the amounts under paragraphs (2), (3), and (4), in a Child Pornography Victims Reserve, which may be used by the Attorney General for payments under section 2259(d) of title 18, United States Code. ``(B) Amounts in the reserve may be carried over from fiscal year to fiscal year, but the total amount of the reserve shall not exceed $10,000,000. Notwithstanding subsection (c) and any limitation on Fund obligations in any future Act, unless the same should expressly refer to this section, any such amounts carried over shall not be subject to any limitation on obligations from amounts deposited to or available in the Fund.''. (c) Child Pornography Victims Reserve.--Chapter 110 of title 18, United States Code, is amended by inserting after section 2259A, as added by subsection (a), the following: ``Sec. 2259B. Child pornography victims reserve ``(a) Deposits Into the Reserve.--Notwithstanding any other provision of law, there shall be deposited into the Child Pornography Victims Reserve established under section 1402(d)(6) of the Victims of Crime Act of 1984 (34 U.S.C. 20101(d)) all assessments collected under section 2259A and any gifts, bequests, or donations to the Child Pornography Victims Reserve from private entities or individuals. ``(b) Availability for Defined Monetary Assistance.--Amounts in the Child Pornography Victims Reserve shall be available for payment of defined monetary assistance pursuant to section 2259(d). If at any time the Child Pornography Victims Reserve has insufficient funds to make all of the payments ordered under section 2259(d), the Child Pornography Victims Reserve shall make such payments as it can satisfy in full from available funds. In determining the order in which such payments shall be made, the Child Pornography Victims Reserve shall make payments based on the date they were ordered, with the earliest- ordered payments made first. ``(c) Administration.--The Attorney General shall administer the Child Pornography Victims Reserve and shall issue guidelines and regulations to implement this section. ``(d) Sense of Congress.--It is the sense of Congress that individuals who violate this chapter prior to the date of the enactment of the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, but who are sentenced after such date, shall be subject to the statutory scheme that was in effect at the time the offenses were committed.''. (d) Clerical Amendment.--The table of sections for chapter 110 of title 18, United States Code, is amended by inserting after the item relating to section 2259 the following: ``2259A. Assessments in child pornography cases ``2259B. Child pornography victims reserve''. SEC. 6. CHILD PORNOGRAPHY VICTIM'S RIGHT TO EVIDENCE. Section 3509(m) of title 18, United States Code, is amended by adding at the end the following: ``(3) In any criminal proceeding, a victim, as defined under section 2259(c)(4), shall have reasonable access to any property or material that constitutes child pornography, as defined under section 2256(8), depicting the victim, for inspection, viewing, and examination at a Government facility or court, by the victim, his or her attorney, and any individual the victim may seek to qualify to furnish expert testimony, but under no circumstances may such child pornography be copied, photographed, duplicated, or otherwise reproduced. Such property or material may be redacted to protect the privacy of third parties.''. SEC. 7. CLERICAL AMENDMENTS. (a) Expansion of Civil Remedies for Satisfaction of an Unpaid Fine.--Section 3613(c) of title 18, United States Code, is amended by inserting ``an assessment imposed pursuant to section 2259A of this title,'' after ``pursuant to the provisions of subchapter C of chapter 227 of this title,''. (b) Clarification of Interstate or Foreign Commerce Provision Regarding Certain Activities Pertaining to Child Pornography.--Section 2252A (a)(2) of title 18, United States Code, is amended-- (1) in subparagraph (A)-- (A) by striking ``using any means or facility of interstate or foreign commerce'' and inserting ``has been''; and (B) by inserting ``using any means or facility of interstate or foreign commerce or'' after ``child pornography''; and (2) in subparagraph (B)-- (A) by striking ``using any means or facility of interstate or foreign commerce'' and inserting ``has been''; and (B) by inserting ``using any means or facility of interstate or foreign commerce or'' after ``child pornography''. (c) Clarification of the Definition of ``Sexually Explicit Conduct''.--Section 2256(2) of title 18, United States Code, is amended-- (1) in subparagraph (A)(v)-- (A) by inserting ``anus,'' before ``genitals''; and (B) by inserting a comma after ``genitals''; and (2) in subparagraph (B)(iii)-- (A) by inserting ``anus,'' before ``genitals''; and (B) by inserting a comma after ``genitals''. SEC. 8. REPORTS. Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the progress of the Department of Justice in implementing the amendments made by sections 3 through 5, and shall include an assessment of the funding levels for the Child Pornography Victims Reserve. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2017 (Sec. 3) This bill amends the federal criminal code to modify procedures for determining the amount of mandatory restitution in child pornography cases. If a defendant is convicted of trafficking in child pornography, then the court must order mandatory restitution in an amount which is between $3,000 and 1% of the full amount of the victim's losses. The full amount of the victim's losses includes costs incurred as a proximate result of all trafficking in child pornography offenses involving the same victim. (Sec. 4) If a defendant is convicted of child pornography production, then a victim of the offense may elect to receive a one-time payment in the amount of $35,000 (adjusted for inflation) from a Child Pornography Victims Reserve, subject to limitations. (Sec. 5) The bill amends the Victims of Crime Act of 1984 to establish the Child Pornography Victims Reserve within the Crime Victims Fund. Courts must impose additional assessments on persons convicted of child pornography offenses, and the additional assessments must be deposited into the Child Pornography Victims Reserve. (Sec. 6) In a criminal proceeding, a victim of a child pornography offense must have access to the pornographic material depicting the victim for inspection, viewing, and examination by the victim, his or her attorney, and potential expert witnesses.

Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Seniors as Volunteers in Our Schools Act''. SEC. 2. REFERENCES. Except as otherwise specifically provided, whenever 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 Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). SEC. 3. GOVERNOR'S PROGRAMS. Section 4114(c) (20 U.S.C. 7114(c)) is amended-- (1) in paragraph (11), by striking ``and'' after the semicolon; (2) in paragraph (12), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(13) drug and violence prevention activities that use the services of appropriately qualified seniors for activities that include mentoring, tutoring, and volunteering.''. SEC. 4. LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS. Section 4116(b) (20 U.S.C. 7116(b)) is amended-- (1) in paragraph (2), in the matter preceding subparagraph (A), by inserting ``(including mentoring by appropriately qualified seniors)'' after ``mentoring''; (2) in paragraph (2)(C)-- (A) in clause (ii), by striking ``and'' after the semicolon; (B) in clause (iii), by inserting ``and'' after the semicolon; and (C) by adding at the end the following: ``(iv) drug and violence prevention activities that use the services of appropriately qualified seniors for such activities as mentoring, tutoring, and volunteering;''; (3) in paragraph (4)(C), by inserting ``(including mentoring by appropriately qualified seniors)'' after ``mentoring programs''; and (4) in paragraph (8), by inserting ``and which may involve appropriately qualified seniors working with students'' after ``settings''. SEC. 5. NATIONAL PROGRAMS. Section 4121(a) (20 U.S.C. 7131(a)) is amended-- (1) in paragraph (10), by inserting ``, including projects and activities that promote the interaction of youth and appropriately qualified seniors'' after ``responsibility''; and (2) in paragraph (13), by inserting ``, including activities that integrate appropriately qualified seniors in activities, such as mentoring, tutoring, and volunteering'' after ``title''. SEC. 6. AUTHORIZED SERVICES AND ACTIVITIES. Section 9115(b) (20 U.S.C. 7815(b)) is amended-- (1) in paragraph (6), by striking ``and'' after the semicolon; (2) in paragraph (7), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(8) activities that recognize and support the unique cultural and educational needs of Indian children, and incorporate appropriately qualified tribal elders and seniors.''. SEC. 7. IMPROVEMENTS OF EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN. Section 9121(c)(1) (20 U.S.C. 7831(c)(1)) is amended-- (1) in subparagraph (J), by striking ``or'' after the semicolon; (2) by redesignating subparagraph (K) as subparagraph (L); and (3) by inserting after subparagraph (J) the following: ``(K) activities that recognize and support the unique cultural and educational needs of Indian children, and incorporate appropriately qualified tribal elders and seniors; or''. SEC. 8. PROFESSIONAL DEVELOPMENT. Section 9122(d)(1) (20 U.S.C. 7832(d)(1)) is amended in the second sentence by striking the period and inserting ``, and may include programs designed to train tribal elders and seniors.''. SEC. 9. NATIVE HAWAIIAN COMMUNITY-BASED EDUCATION LEARNING CENTERS. Section 9210(b) (20 U.S.C. 7910(b)) is amended-- (1) in paragraph (2), by striking ``and'' after the semicolon; and (2) in paragraph (3), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(4) programs that recognize and support the unique cultural and educational needs of Native Hawaiian children, and incorporate appropriately qualified Native Hawaiian elders and seniors.''. SEC. 10. ALASKA NATIVE STUDENT ENRICHMENT PROGRAMS. Section 9306(b) (20 U.S.C. 7936(b)) is amended-- (1) in paragraph (3), by striking ``and'' after the semicolon; (2) in paragraph (4), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(5) activities that recognize and support the unique cultural and educational needs of Alaskan Native children, and incorporate appropriately qualified Alaskan Native elders and seniors.''. SEC. 11. GIFTED AND TALENTED CHILDREN. Section 10204(b)(3) (20 U.S.C. 8034(b)(3)) is amended by striking ``and parents'' and inserting ``, parents, and appropriately qualified senior volunteers''. SEC. 12. 21ST CENTURY COMMUNITY LEARNING CENTERS. Section 10904(a)(3) (20 U.S.C. 8244(a)(3)) is amended-- (1) in subparagraph (D), by striking ``and'' after the semicolon; (2) in subparagraph (E), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(F) a description of how the school or consortium will encourage and use appropriately qualified seniors as volunteers in activities identified under section 10905.''.

Seniors as Volunteers in Our Schools Act - Amends the Elementary and Secondary Education Act of 1965 to require that appropriately qualified senior citizens be given an opportunity to serve as mentors, tutors, and volunteers for: (1) State Governors', local, and national programs for drug and violence prevention; (2) programs for education of Indian children, through local educational agencies and special projects; (3) inclusion in training for professions that serve Indians; (4) Native Hawaiian community-based education learning centers; (5) Alaska Native student enrichment programs; (6) gifted and talented children's programs; and (7) 21st Century Learning Centers.

A bill to amend the Elementary and Secondary Education Act of 1965 to ensure that seniors are given an opportunity to serve as mentors, tutors, and volunteers for certain programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Adolescent Web Awareness Requires Education Act'' or the ``AWARE Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The Internet is an invaluable tool that is critical to the ability of the Nation to compete in a global economy. The Internet provides instant access to research and boundless information and connects individuals around the world. (2) About 93 percent of youth ages 12 through 17 years use online services regularly and nearly 45 percent of children ages 3 to 11 years will use the Internet on a monthly basis in 2009. Eighty-nine percent of teens have a profile on social networking sites. Eighty percent of teens ages 13 through 17 years use cell phones, most of which have built-in cameras. (3) Bullying in schools can take many forms, including sending insulting, threatening, or offensive messages via Internet sites, email, instant messaging, cell phone text messaging, telephone, or any other electronic messaging system. (4) In a recent survey, 1 in 5 teenagers stated that they had used their cell phones to send explicit photos of themselves to a peer, a practice commonly known as ``sexting''. In most States, such conduct can subject young adults to felony child pornography charges and the potential punishment of registering as a sex offender. (5) The Internet has facilitated the growth of a multibillion dollar global market for child pornography, far exceeding the capacity of law enforcement to respond at the Federal, State, and local level. (6) Internet safety education, coupled with technology tools, is the most effective way to resolve and prevent these crimes and other dangers committed on the Internet and in other new media. (7) According to an empirical study of 1,379 fourth grade students in Virginia, the first State to mandate Internet safety education in its schools, the students improved their responses to 8 of 10 Internet safety scenarios after completing an Internet safety education program, with the greatest improvement in uncomfortable content and cyberbullying. (8) The enactment of the Children's Internet Protection Act (Public Law 106-554; 114 Stat. 2763A-336) mandated that schools implement Internet safety policies and technology protection measures in order to receive discounts to obtain affordable telecommunications and Internet access. Most schools have now developed acceptable use policies and have implemented filtering and other technology-based solutions to help protect children. (9) However, less than 25 percent of educators feel comfortable teaching students how to protect themselves from online predators, bullies, and identity thieves, according to a recent study by the National Cyber Security Alliance and Educational Technology Policy, Research, and Outreach. The same study found that 90 percent of educators have received less than 6 hours of professional development on issues related to online security in the past year. As a result, many students receive little or no education on safe and responsible use of the Internet and other new media. (10) The widespread use of the Internet, cell phones, interactive gaming, and other electronic communication devices by children both inside and outside of schools suggests that acceptable use policies and filtering alone cannot resolve Internet safety concerns and that a greater focus on education would be beneficial. (11) In a national poll on children's health, parents ranked Internet safety fifth among their top health concerns for children. Yet according to a Common Sense Media poll conducted in 2006, almost 90 percent of parents say that they lack the knowledge about how to protect their children online. For this reason, educating parents about Internet safety is key to empowering them to understand actual risks and to take an active role in protecting their children. (12) The problem of online harassment, or cyberbullying, of youth by other youths is widespread and results in a range of children's experiences from minor irritation to severe emotional harm. The Bureau of Justice Statistics has found that online harassment tends to begin in third and fourth grade, peaks in seventh and eighth grade, and continues in reduced amounts throughout high school, college, and professional school. (13) Gang members increasingly are using the Internet as a recruitment tool to entice would-be members and as an intimidation tool to threaten rival gangs. Gang members use the Internet, in particular, to promote their message. (14) More research is needed in several areas of youth online safety, including-- (A) the prevention of minor-to-minor solicitation and other inappropriate use of the Internet; (B) the prevention of the creation of problematic content by youths; (C) the protection of lesbian, gay, bisexual, and transgender youth and youth with disabilities that may be particularly vulnerable; (D) the interplay between socioeconomic class and risk factors; (E) the role that pervasive digital image and video capture devices play in harassment of youth by other youth and youth production of problematic content; (F) the intersection of different mobile and Internet-based technologies; and (G) the online activities of registered sex offenders. (b) Purposes.--The purposes of this Act are to-- (1) facilitate research and identify best practices in Internet safety education for youth, parents, and education officials; and (2) establish a competitive grant program for State education agencies, local educational agencies, and nonprofit organizations to institute best practices relating to Internet education and the research-based recommendations derived from the study conducted under this Act. SEC. 3. GRANT PROGRAM. (a) Authority To Make Grants.-- (1) In general.--Subject to subsection (e)(1), the Attorney General, after consultation with the Secretary of Education and the Secretary of Health and Human Services, shall make grants to eligible entities to carry out an Internet safety education program. (2) Period.--A grant under this section shall be for a 2- year period. (b) Application.--An eligible entity desiring a grant under this section shall submit an application to the Attorney General, which shall include-- (1) a description of the partnership arrangements, if any, of the eligible entity relating to the activities to be carried out with the grant; (2) a description of the measurable goals of the eligible entity relating to the activities to be carried out with the grant; (3) a description of how the Internet safety education program of the eligible entity shall achieve the measurable goals described in paragraph (2); (4) a description of the plan of the eligible entity to continue to implement the Internet safety education program after the grant under this section ends; (5) a description of how funds under the grant may be used and coordinated with Internet safety education programs being carried out on the date of enactment of this Act or other Internet safety education programs established with grants under this section; (6) a description of the target audience under the proposed Internet safety education program; (7) a certification that the eligible entity enforces the operation of technology protection measures under section 254(h)(5) of the Communications Act of 1934 (47 U.S.C. 254(h)(5)) if the eligible entity provides Internet access to minors; and (8) any other information or assurances required by the Attorney General. (c) Prioritization.--In making grants under this section, the Attorney General shall give priority to an eligible entity that-- (1) identifies and targets at-risk children; (2) works in partnership with the private sector, law enforcement, the philanthropic community, the media, researchers, social services organizations, or other community- based groups; (3) provides Internet safety education programs at no cost to students or schools; (4) accommodates different languages and language proficiencies; (5) accommodates differing levels of technological sophistication; or (6) has a viable plan to sustain the Internet safety education program after the grant program ends. (d) Use of Funds.--An eligible entity may use a grant under this section to-- (1) identify, develop, and implement Internet safety education programs, including educational technology, multimedia and interactive applications, online resources, and lesson plans; (2) provide professional training to elementary and secondary school teachers, administrators, and other staff on Internet safety and new media literacy; (3) educate parents about teaching their children how to use the Internet and new media safely and responsibly and help parents identify and protect their children from risks relating to use of the Internet and new media; (4) develop online risk prevention programs for children; (5) train and support peer-driven Internet safety education initiatives; (6) coordinate and fund research initiatives that investigate online risks to children and Internet safety education; or (7) develop and implement public education campaigns to promote awareness of online risks to children and Internet safety education. (e) Grant Guidance.-- (1) In general.--Before making grants under this section, and not later than 1 month after the date on which the study under paragraph (3)(A) is completed, the applicable agency heads, in consultation with education groups, internet safety groups, and other relevant experts in the field of new media and child safety, shall issue detailed guidance for the grant program under this section. (2) Contents of guidance.--The grant guidance shall be implemented by the Attorney General in accordance with best practices relating to Internet education and the research-based recommendations derived from the study conducted under paragraph (3)(A). (3) Internet safety research.-- (A) Initial research.--The Attorney General shall enter into contracts with 1 or more private companies, government agencies, or nonprofit organizations to complete a study, not later than 6 months after the date of enactment of this Act, regarding-- (i) the nature, prevalence, and quality of Internet safety education programs and any evidence-based research conducted relating to the programs; (ii) findings regarding which children are most at risk; (iii) gaps in Internet safety education and youth online risk research; and (iv) any other area determined appropriate by the Attorney General. (B) Additional research.--Subject to the availability of appropriations, the Attorney General shall enter into contracts with private companies, government agencies, or nonprofit organizations to conduct additional research regarding the issues described in subparagraph (A). Any research conducted under this subparagraph shall be included in the reports under subsection (g)(3). (f) Technical Assistance.--The Attorney General shall provide technical assistance to eligible entities that receive a grant under this section, which may include maintaining a Web site to facilitate outreach and communication among the eligible entities that receive a grant under this section. (g) Reports.-- (1) Eligible entities.--An eligible entity that receives a grant under this section shall submit to the Attorney General and make public an annual report regarding the activities carried out using funds made available under the grant, which shall include-- (A) a description of how the eligible entity implemented the Internet safety education program carried out with the grant; (B) a detailed description of the audience reached; (C) an analysis of whether and to what degree the goals for the Internet safety education program were met; (D) an analysis of the challenges, if any, that interfered with achieving the goals described in subparagraph (C); (E) plans for future Internet safety programs; and (F) an accounting of the funds used. (2) Compilation of annual reports for revised grant guidance.--The Attorney General shall-- (A) review the report under paragraph (1) submitted by each eligible entity that receives a grant under this section during the first fiscal year for which grants under this section are made; and (B) not later than 6 months after the date on which all reports described in subparagraph (A) are submitted, modify, as appropriate, the grant guidance based on the reports after consultation with the Secretary of Education and the Secretary of Health and Human Services. (3) Reports to congress.--Not later than 27 months after the date on which the Attorney General makes the first grant under this section, and annually thereafter, the applicable agency heads shall submit to Congress a report regarding the grant program under this section, which shall include-- (A) a compilation of the information and findings of the annual reports submitted under paragraph (1); (B) the findings and conclusions of the applicable agency heads, including findings and conclusions relating to the effectiveness of Internet safety education programs carried out using a grant under this section; and (C) best practices identified by the applicable agency heads relating to Internet safety education. (h) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Attorney General to carry out this section $25,000,000 for each of fiscal years 2010 through 2014. (2) Limitation.--Of amounts made available to carry out this section, not more than 5 percent shall be available to carry out subsections (e), (f), and (g)(2). SEC. 4. DEFINITIONS. In this Act, the following definitions apply: (1) Applicable agency heads.--The term ``applicable agency heads'' means the Attorney General, after consultation with the Secretary of Education and the Secretary of Health and Human Services. (2) Eligible entity.--The term ``eligible entity'' means-- (A) a partnership between a State educational agency and 1 or more local educational agencies (as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) of the State; (B) a local educational agency; (C) a nonprofit organization; or (D) a consortium of elementary schools or secondary schools (as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) collaborating with an entity described in subparagraph (A), (B), or (C). (3) Grant guidance.--The term ``grant guidance'' means the grant guidance issued under section 3(e)(1). (4) Internet safety education program.--The term ``Internet safety education program'' means an age-appropriate, research- based program that encourages safe and responsible use of the Internet, promotes an informed, critical understanding of Internet dangers, and educates children, parents, and communities about how to prevent or respond to problems or dangers related to the Internet or new media. (5) New media.--The term ``new media''-- (A) means emerging digital, computerized, or networked information and communication technologies that often have interactive capabilities; and (B) includes email, instant messaging, text messaging, Web sites, blogs, interactive gaming, social media, cell phones, and mobile devices. (6) Nonprofit.--The term ``nonprofit'' means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of that Code.

Adolescent Web Awareness Requires Education Act or the AWARE Act - Directs the Attorney General to award grants to local educational agencies (LEAs), partnerships between states and LEAs, nonprofit organizations, or consortia of elementary and secondary schools that collaborate with such entities to carry out an age-appropriate, research-based Internet safety education program that encourages safe and responsible Internet use. Requires such program to educate children, parents, and communities about how to prevent or respond to problems or dangers related to the Internet or new media. Directs the Attorney General to: (1) enter into contracts with one or more private companies, government agencies, or nonprofit organizations to complete a study on Internet safety; and (2) provide technical assistance to grant recipients.

To promote Internet safety education and cybercrime prevention initiatives, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Facilitating Investments in Local Markets Act'' or the ``FILM Act''. SEC. 2. EXTENSION OF SPECIAL EXPENSING RULES FOR CERTAIN FILM AND TELEVISION PRODUCTIONS; SPECIAL EXPENSING FOR LIVE THEATRICAL PRODUCTIONS. (a) In General.--Section 181(f) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2014'' and inserting ``December 31, 2016''. (b) Application to Live Productions.-- (1) In general.--Section 181(a)(1) of such Code is amended by inserting ``, and any qualified live theatrical production,'' after ``any qualified film or television production''. (2) Conforming amendments.--Section 181 of such Code is amended-- (A) by inserting ``or any qualified live theatrical production'' after ``qualified film or television production'' each place it appears in subsections (a)(2), (b), and (c)(1), (B) by inserting ``or qualified live theatrical productions'' after ``qualified film or television productions'' in subsection (f), and (C) by inserting ``and live theatrical'' after ``film and television'' in the heading. (3) Clerical amendment.--The item relating to section 181 in the table of sections for part VI of subchapter B of chapter 1 of such Code is amended to read as follows: ``Sec. 181. Treatment of certain qualified film and television and live theatrical productions.''. (c) Qualified Live Theatrical Production.--Section 181 of such Code is amended-- (1) by redesignating subsections (e) and (f), as amended by subsections (a) and (b), as subsections (f) and (g), respectively, and (2) by inserting after subsection (d) the following new subsection: ``(e) Qualified Live Theatrical Production.--For purposes of this section-- ``(1) In general.--The term `qualified live theatrical production' means any production described in paragraph (2) if 75 percent of the total compensation of the production is qualified compensation (as defined in subsection (d)(3)). ``(2) Production.-- ``(A) In general.--A production is described in this paragraph if such production is a live staged production of a play (with or without music) which is derived from a written book or script and is produced or presented by a taxable entity in any venue which has an audience capacity of not more than 3,000 or a series of venues the majority of which have an audience capacity of not more than 3,000. ``(B) Touring companies, etc.--In the case of multiple live staged productions-- ``(i) for which the election under this section would be allowable to the same taxpayer, and ``(ii) which are-- ``(I) separate phases of a production, or ``(II) separate simultaneous stagings of the same production in different geographical locations (not including multiple performance locations of any one touring production), each such live staged production shall be treated as a separate production. ``(C) Phase.--For purposes of subparagraph (B), the term `phase' with respect to any qualified live theatrical production refers to each of the following, but only if each of the following is treated by the taxpayer as a separate activity for all purposes of this title: ``(i) The initial staging of a live theatrical production. ``(ii) Subsequent additional stagings or touring of such production which are produced by the same producer as the initial staging. ``(D) Exception.--A production is not described in this paragraph if such production includes or consists of any performance of conduct described in section 2257(h)(1) of title 18, United States Code.''. (d) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to productions commencing after December 31, 2014. (2) Commencement.--For purposes of paragraph (1), the date on which a qualified live theatrical production commences is the date of the first public performance of such production for a paying audience.

Facilitating Investments in Local Markets Act or the FILM Act Amends the Internal Revenue Code, with respect to the expensing of the costs of qualified film and television productions, to: (1) extend through 2016 provisions allowing such expensing, and (2) allow such expensing for the costs of certain live theatrical productions.

FILM Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Prairie Conservation Act''. SEC. 2. CROP PRODUCTION ON NATIVE SOD. (a) Federal Crop Insurance.--Section 508(o) of the Federal Crop Insurance Act (7 U.S.C. 1508(o)) is amended-- (1) in paragraph (2), by striking subparagraph (A) and inserting the following: ``(A) In general.-- ``(i) Agricultural act of 2014.--Native sod acreage that has been tilled for the production of an insurable crop during the period beginning on February 8, 2014, and ending on the date of enactment of the American Prairie Conservation Act shall be subject to 4 cumulative years of a reduction in benefits under this subtitle as described in this paragraph. ``(ii) American prairie conservation act.-- ``(I) Non-hay and non-forage crops.--As determined by the Secretary, native sod acreage that has been tilled for the production of an insurable crop other than a hay or forage crop after the date of enactment of the American Prairie Conservation Act shall be subject to 4 cumulative years of a reduction in benefits under this subtitle as described in this paragraph. ``(II) Hay and forage crops.-- During each crop year of planting, as determined by the Secretary, native sod acreage that has been tilled for the production of an insurable hay or forage crop after the date of enactment of the American Prairie Conservation Act shall be subject to 4 cumulative years of a reduction in benefits under this subtitle as described in this paragraph.''; and (2) by striking paragraph (3) and inserting the following: ``(3) Native sod conversion certification.-- ``(A) Certification.--As a condition on the receipt of benefits under this subtitle, a producer that has tilled native sod acreage for the production of an insurable crop as described in paragraph (2)(A) shall certify to the Secretary that acreage using-- ``(i) an acreage report form of the Farm Service Agency (FSA-578 or any successor form); and ``(ii) one or more maps. ``(B) Corrections.--Beginning on the date on which a producer submits a certification under subparagraph (A), as soon as practicable after the producer discovers a change in tilled native sod acreage described in that subparagraph, the producer shall submit to the Secretary any appropriate corrections to a form or map described in clause (i) or (ii) of that subparagraph. ``(C) Annual reports.--Not later than January 1, 2019, and each January 1 thereafter through January 1, 2023, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the tilled native sod acreage that has been certified under subparagraph (A) in each county and State as of the date of submission of the report.''. (b) Noninsured Crop Disaster Assistance.--Section 196(a)(4) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333(a)(4)) is amended-- (1) in subparagraph (B), by striking clause (i) and inserting the following: ``(i) In general.-- ``(I) Agricultural act of 2014.--As determined by the Secretary, native sod acreage that has been tilled for the production of a covered crop during the period beginning on February 8, 2014, and ending on the date of enactment of the American Prairie Conservation Act shall be subject to 4 cumulative years of a reduction in benefits under this section as described in this subparagraph. ``(II) American prairie conservation act.-- ``(aa) Non-hay and non- forage crops.--During the first 4 crop years of planting, as determined by the Secretary, native sod acreage that has been tilled for the production of a covered crop other than a hay or forage crop after the date of enactment of the American Prairie Conservation Act shall be subject to 4 cumulative years of a reduction in benefits under this section as described in this subparagraph. ``(bb) Hay and forage crops.--During each crop year of planting, as determined by the Secretary, native sod acreage that has been tilled for the production of a hay or forage crop after the date of enactment of the American Prairie Conservation Act shall be subject to 4 cumulative years of a reduction in benefits under this section as described in this subparagraph.''; and (2) by striking subparagraph (C) and inserting the following: ``(C) Native sod conversion certification.-- ``(i) Certification.--As a condition on the receipt of benefits under this section, a producer that has tilled native sod acreage for the production of an insurable crop as described in subparagraph (B)(i) shall certify to the Secretary that acreage using-- ``(I) an acreage report form of the Farm Service Agency (FSA-578 or any successor form); and ``(II) one or more maps. ``(ii) Corrections.--Beginning on the date on which a producer submits a certification under clause (i), as soon as practicable after the producer discovers a change in tilled native sod acreage described in that clause, the producer shall submit to the Secretary any appropriate corrections to a form or map described in subclause (I) or (II) of that clause. ``(iii) Annual reports.--Not later than January 1, 2019, and each January 1 thereafter through January 1, 2023, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the tilled native sod acreage that has been certified under clause (i) in each county and State as of the date of submission of the report.''. (c) Cropland Report Annual Updates.--Section 11014(c)(2) of the Agricultural Act of 2014 (Public Law 113-79; 128 Stat. 963) is amended in the matter preceding subparagraph (A) by striking ``2018'' and inserting ``2023''.

American Prairie Conservation Act This bill amends the Federal Crop Insurance Act and the Federal Agriculture Improvement and Reform Act of 1996 to modify provisions, known as sodsaver provisions, that reduce benefits under the Department of Agriculture (USDA) crop insurance and noninsured crop disaster assistance programs for farmers who plant crops on native sod. The bill also amends the Agriculture Act of 2014 to extend the requirement for USDA to submit annual reports to Congress regarding cropland acreage.

American Prairie Conservation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secret Service Authorization and Technical Modification Act of 2005''. SEC. 2. INTERFERENCE WITH NATIONAL SPECIAL SECURITY EVENTS. (a) In General.--Section 1752 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) by amending paragraph (1) to read as follows: ``(1) willfully and knowingly to enter or remain in any posted, cordoned off, or otherwise restricted area of a building or grounds where the President or other person protected by the Secret Service is or will be temporarily visiting;''; (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; (C) by inserting after paragraph (1) the following new paragraph: ``(2) willfully and knowingly to enter or remain in any posted, cordoned off, or otherwise restricted area of a building or grounds so restricted in conjunction with an event designated as a special event of national significance;''; (D) in paragraph (3), as redesignated by subparagraph (B)-- (i) by inserting ``willfully, knowingly, and'' before ``with intent to impede or disrupt''; (ii) by striking ``designated'' and inserting ``described''; and (iii) by inserting ``or (2)'' after ``paragraph (1)''; (E) in paragraph (4), as redesignated by subparagraph (B)-- (i) by striking ``designated or enumerated'' and inserting ``described''; and (ii) by inserting ``or (2)'' after ``paragraph (1)''; and (F) in paragraph (5), as redesignated by subparagraph (B)-- (i) by striking ``designated or enumerated'' and inserting ``described''; and (ii) by inserting ``or (2)'' after ``paragraph (1)''; (2) by amending subsection (b) to read as follows: ``(b) Violation of this section, and attempts or conspiracies to commit such violations, shall be punishable by-- ``(1) a fine under this title or imprisonment for not more than 10 years, or both, if the offense is committed while in possession of a deadly or dangerous weapon, or results in bodily injury; and ``(2) a fine under this title or imprisonment for not more than one year, or both, in any other case.''; and (3) by striking subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively. (b) Clerical Amendment.--(1) The heading of such section is amended to read as follows: ``Sec. 1752. Restricted building or grounds''. (2) The item relating to such section in the table of sections at the beginning of chapter 84 of such title is amended to read as follows: ``1752. Restricted building or grounds.''. SEC. 3. FALSE CREDENTIALS TO NATIONAL SPECIAL SECURITY EVENTS. Section 1028 of title 18, United States Code, is amended-- (1) in subsection (a)(6), by inserting ``or a sponsoring entity of an event designated as a special event of national significance'' after ``States''; (2) in subsection (c)(1), by inserting ``or a sponsoring entity of an event designated as a special event of national significance'' after ``States''; (3) in subsection (d)(3), by inserting ``a sponsoring entity of an event designated as a special event of national significance,'' after ``political subdivision of a State,''; and (4) in each of subsections (d)(4)(B) and (d)(6)(B), by inserting ``a sponsoring entity of an event designated by the President as a special event of national significance,'' after ``political subdivision of a State,''. SEC. 4. FORENSIC AND INVESTIGATIVE SUPPORT OF MISSING AND EXPLOITED CHILDREN CASES. Section 3056(f) of title 18, United States Code, is amended by striking ``officers and agents of the Secret Service are'' and inserting ``the Secret Service is''. SEC. 5. TRANSFER OF THE UNIFORMED DIVISION, UNITED STATES SECRET SERVICE. (a) In General.--Chapter 203 of title 18, United States Code, is amended by inserting after section 3056 the following: ``Sec. 3056A. Powers, authorities, and duties of United States Secret Service Uniformed Division ``(a) There is hereby created and established a permanent police force, to be known as the `United States Secret Service Uniformed Division'. Subject to the supervision of the Secretary of Homeland Security, the United States Secret Service Uniformed Division shall perform such duties as the Director, United States Secret Service, may prescribe in connection with the protection of the following: ``(1) The White House in the District of Columbia. ``(2) Any building in which Presidential offices are located. ``(3) The Treasury Building and grounds. ``(4) The President, the Vice President (or other officer next in the order of succession to the Office of President), the President-elect, the Vice President-elect, and their immediate families. ``(5) Foreign diplomatic missions located in the metropolitan area of the District of Columbia. ``(6) The temporary official residence of the Vice President and grounds in the District of Columbia. ``(7) Foreign diplomatic missions located in metropolitan areas (other than the District of Columbia) in the United States where there are located twenty or more such missions headed by full-time officers, except that such protection shall be provided only-- ``(A) on the basis of extraordinary protective need; ``(B) upon request of the affected metropolitan area; and ``(C) when the extraordinary protective need arises at or in association with a visit to-- ``(i) a permanent mission to, or an observer mission invited to participate in the work of, an international organization of which the United States is a member; or ``(ii) an international organization of which the United States is a member; except that such protection may also be provided for motorcades and at other places associated with any such visit and may be extended at places of temporary domicile in connection with any such visit. ``(8) Foreign consular and diplomatic missions located in such areas in the United States, its territories and possessions, as the President, on a case-by-case basis, may direct. ``(9) Visits of foreign government officials to metropolitan areas (other than the District of Columbia) where there are located twenty or more consular or diplomatic missions staffed by accredited personnel, including protection for motorcades and at other places associated with such visits when such officials are in the United States to conduct official business with the United States Government. ``(10) Former Presidents and their spouses, as provided in section 3056(a)(3) of title 18. ``(11) An event designated under section 3056(e) of title 18 as a special event of national significance. ``(12) Major Presidential and Vice Presidential candidates and, within 120 days of the general Presidential election, the spouses of such candidates, as provided in section 3056(a)(7) of title 18. ``(13) Visiting heads of foreign states or foreign governments. ``(b)(1) Under the direction of the Director of the Secret Service, members of the United States Secret Service Uniformed Division are authorized to-- ``(A) carry firearms; ``(B) make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony; and ``(C) perform such other functions and duties as are authorized by law. ``(2) Members of the United States Secret Service Uniformed Division shall possess privileges and powers similar to those of the members of the Metropolitan Police of the District of Columbia. ``(c) Members of the United States Secret Service Uniformed Division shall be furnished with uniforms and other necessary equipment. ``(d) In carrying out the functions pursuant to paragraphs (7) and (9) of subsection (a), the Secretary of Homeland Security may utilize, with their consent, on a reimbursable basis, the services, personnel, equipment, and facilities of State and local governments, and is authorized to reimburse such State and local governments for the utilization of such services, personnel, equipment, and facilities. The Secretary of Homeland Security may carry out the functions pursuant to paragraphs (7) and (9) of subsection (a) by contract. The authority of this subsection may be transferred by the President to the Secretary of State. In carrying out any duty under paragraphs (7) and (9) of subsection (a), the Secretary of State is authorized to utilize any authority available to the Secretary under title II of the State Department Basic Authorities Act of 1956.''. (b) Amendment to Table of Sections.--The table of sections at the beginning of chapter 203 of title 18, United States Code, is amended by inserting after the item relating to section 3056 the following new item: ``3056A. Powers, authorities, and duties of United States Secret Service Uniformed Division.''. (c) Conforming Repeal to Effectuate Transfer.--Chapter 3 of title 3, United States Code, is repealed. (d) Conforming Amendments to Laws Affecting District of Columbia.-- (1) Section 1537(d) of title 31, United States Code, is amended-- (A) by striking ``and the Executive Protective Service'' and inserting ``and the Secret Service Uniformed Division''; and (B) by striking ``their protective duties'' and all that follows and inserting ``their protective duties under sections 3056 and 3056A of title 18.'' (2) Section 204(e) of the State Department Basic Authorities Act (sec. 6-1304(e), D.C. Official Code) is amended by striking ``section 202 of title 3, United States Code, or section 3056'' and inserting ``sections 3056 or 3056A''. (3) Section 214(a) of the State Department Basic Authorities Act (sec. 6-1313(a), D.C. Official Code) is amended by striking ``sections 202(8) and 208 of title 3'' and inserting ``section 3056A(a)(7) and (d) of title 18''. (e) Additional Conforming Amendments.--Title 12, United States Code, section 3414, ``Special procedures'', is amended by striking ``3 U.S.C. 202'' in subsection (a)(1)(B) and inserting ``18 U.S.C. 3056A''. (f) The State Department Basic Authorities Act of 1956 is amended-- (1) in the first sentence of section 37(c) (22 U.S.C. 2709(c)), by striking ``section 202 of title 3, United States Code, or section 3056 of title 18, United States Code'' and inserting ``section 3056 or 3056A of title 18, United States Code''; (2) in section 204(e) (22 U.S.C. 4304(e)), by striking ``section 202 of title 3, United States Code, or section 3056 of title 18, United States Code'' and inserting ``section 3056 or 3056A of title 18, United States Code''; and (3) in section 214(a) (22 U.S.C. 4314(a)), by striking ``sections 202(7) and 208 of title 3, United States Code'' and inserting ``subsections (a)(7) and (d) of section 3056A of title 18, United States Code''. (g) Section 8D(a)(1)(F) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking ``section 202 of title 3'' and inserting ``section 3056A of title 18''. (h) Section 8I(a)(1)(E) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking ``section 202 of title 3'' and inserting ``section 3056A of title 18''. SEC. 6. SAVINGS PROVISIONS. (a) Retirement Benefits.--This Act does not affect the retirement benefits of current employees or annuitants that existed on the day before the effective date of this Act. (b) Authority of Secretary of State.--This Act does not affect any Executive Order transferring to the Secretary of State the authority of section 208 of title 3 (now section 3056A(d) of title 18) in effect on the day before the effective date of this Act. SEC. 7. MAINTENANCE AS DISTINCT ENTITY. Section 3056 of title 18, United States Code, is amended by adding the following at the end of the section: ``(g) The United States Secret Service shall be maintained as a distinct entity within the Department of Homeland Security and shall not be merged with any other Department function. No personnel and operational elements of the United States Secret Service shall report to an individual other than the Director of the United States Secret Service, who shall report directly to the Secretary of Homeland Security without being required to report through any other official of the Department.''. SEC. 8. EXEMPTIONS FROM THE FEDERAL ADVISORY COMMITTEE ACT. (a) Advisory Committee Regarding Protection of Major Presidential and Vice Presidential Candidates.--Section 3056(a)(7) of title 18, United States Code, is amended by inserting ``The committee shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).'' after ``other members of the Committee.''. (b) Electronic Crimes Task Forces.--Section 105 of Public Law 107- 56 (18 U.S.C. 3056 note) is amended by inserting ``The electronic crimes task forces shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).'' after ``financial payment systems.''.

Secret Service Authorization and Technical Modification Act of 2005 - Amends the federal criminal code to revise prohibitions on entering or remaining in areas the President or other person protected by the Secret Service is visiting. Prohibits willfully and knowingly entering or remaining in such an area that is restricted in conjunction with a special event of national significance, with intent to impede or disrupt business or access or to engage in violence. (Repeals provisions: (1) prohibiting willfully and knowingly entering or remaining, with such intent, in facilities designated by the Secretary of the Treasury as temporary residences and offices of the President, his staff, and other persons protected by the Secret Service; and (2) authorizing the Secretary to make such designations.) Specifies penalties for violations. Revises prohibitions involving false or fraudulent identification documents to cover false documents that appear to represent a sponsoring entity of a special event of national significance. Modifies the duties of the United States Secret Service Uniformed Division to include protection of: (1) any officer next in the order of succession to the Office of President after the Vice President, the President-elect, the Vice President-elect, and their immediate families; (2) former Presidents and their spouses; (3) a special event of national significance; (4) major presidential and vice presidential candidates and, within 120 days of the general presidential election, their spouses; and (5) visiting heads of foreign states or foreign governments. Specifies the authority of members of the Division to carry firearms and to make arrests without warrants for certain offenses. Authorizes the Secretary of Homeland Security to carry out functions related to the protection of foreign diplomatic missions located in metropolitan areas (other than the District of Columbia) where 20 or more such missions are located, and visits of foreign government officials to such areas, by contract or by using the services, personnel, equipment, and facilities of state and local governments on a reimbursable basis. Requires the Secret Service to be maintained as a distinct entity within the Department of Homeland Security with its members reporting only to its Director.

A bill to amend title 18, United States Code, with respect to certain activities of the Secret Service, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Excellence in Education Act of 1999''. SEC. 2. DEFINITIONS In this Act: (1) Core curriculum.--The term ``core curriculum'' means curriculum in subjects such as reading and writing, language arts, mathematics, social sciences (including history), and science. (2) Elementary school; local educational agency; secondary school; secretary.--The terms ``elementary school'', ``local educational agency'', ``secondary school'' and ``Secretary'' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (3) Practice of social promotion.--The term ``practice of social promotion'' means a formal or informal practice of promoting a student from the grade for which the determination is made to the next grade when the student fails to meet State achievement standards in the core academic curriculum, unless the practice is consistent with the student's individualized education program under section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)). (4) Construction.-- (A) In general.--Subject to subparagraph (B), the term ``construction'' means-- (i) preparation of drawings and specifications for school facilities; (ii) building new school facilities, or acquiring, remodeling, demolishing, renovating, improving, or repairing facilities to establish new school facilities; and (iii) inspection and supervision of the construction of new school facilities. (B) Rule.--An activity described in subparagraph (A) shall be considered to be construction only if the labor standards described in section 439 of the General Education Provisions Act (20 U.S.C. 1232b) are applied with respect to such activity. (5) School facility.--The term ``school facility'' means a public structure suitable for use as a classroom, laboratory, library, media center, or related facility the primary purpose of which is the instruction of public elementary school or secondary school students. The term does not include an athletic stadium or any other structure or facility intended primarily for athletic exhibitions, contests, or games for which admission is charged to the general public. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $5,000,000,000 for each of the fiscal years 2000 through 2004. SEC. 4. PROGRAM AUTHORIZED. The Secretary is authorized to award grants to local educational agencies to enable the local educational agencies to carry out the construction of new public elementary school and secondary school facilities. SEC. 5. CONDITIONS FOR RECEIVING FUNDS. In order to receive funds under this Act a local educational agency shall meet the following requirements: (1) Reduce class and school sizes for public schools served by the local educational agency as follows: (A) Limit class size to an average student-to- teacher ratio of 20 to 1, in classes serving kindergarten through grade 6 students, in the schools served by the agency. (B) Limit class size to an average student-to- teacher ratio of 28 to 1, in classes serving grade 7 through grade 12 students, in the schools served by the agency. (C) Limit the size of public elementary schools and secondary schools served by the agency to-- (i) not more than 500 students in the case of a school serving kindergarten through grade 5 students; (ii) not more than 750 students in the case of a school serving grade 6 through grade 8 students; and (iii) not more than 1,500 students in the case of a school serving grade 9 through grade 12 students. (2) Terminate the practice of social promotion in the public schools served by the agency. (3) Require that students be subject to State achievement standards in the core curriculum at key transition points, to be determined by the State, for all kindergarten through grade 12 students. (4) Use tests and other indicators, such as grades and teacher evaluations, to assess student performance in meeting the State achievement standards, which tests shall be valid for the purpose of such assessment. (5) Provide remedial education for students who fail to meet the State achievement standards, including tutoring, mentoring, summer programs, before-school programs, and after- school programs. (6) Provide matching funds, with respect to the cost to be incurred in carrying out the activities for which the grant is awarded, from non-Federal sources in an amount equal to the Federal funds provided under the grant. SEC. 6. APPLICATIONS. (a) In General.--Each local educational agency desiring to receive a grant under this Act shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (b) Contents.--Each application shall contain-- (1) an assurance that the grant funds will be used in accordance with this Act; (2) a brief description of the construction to be conducted; (3) a cost estimate of the activities to be conducted; and (4) a description of available non-Federal matching funds.

Excellence in Education Act of 1999 - Authorizes appropriations for a program of grants to local educational agencies (LEAs) for the construction of new public elementary school and secondary school facilities. Authorizes the Secretary of Education to award such grants if the applicant LEAs: (1) reduce class and school sizes for their public elementary and secondary schools to specified limits for various grade levels; (2) terminate the practice of social promotion in their public schools; (3) require that students be subject to State achievement standards in the core curriculum at key transition points, to be determined by the State, for all kindergarten through grade 12 students; (4) use tests and other indicators, such as grades and teacher evaluations, to assess student performance in meeting State achievement standards; (5) provide remedial education for students who fail to meet State achievement standards, including tutoring, mentoring, summer programs, before-school programs, and after-school programs; and (6) provide equal matching funds from non-Federal sources.

Excellence in Education Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arbitration Fairness Act of 2018''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Federal Arbitration Act (now enacted as chapter 1 of title 9 of the United States Code) was intended to apply to disputes between commercial entities of generally similar sophistication and bargaining power. (2) A series of decisions by the Supreme Court of the United States have interpreted the Act so that it now extends to consumer disputes and employment disputes, contrary to the intent of Congress. (3) Most consumers and employees have little or no meaningful choice whether to submit their claims to arbitration. Often, consumers and employees are not even aware that they have given up their rights. (4) Mandatory arbitration undermines the development of public law because there is inadequate transparency and inadequate judicial review of arbitrators' decisions. (5) Arbitration can be an acceptable alternative when consent to the arbitration is truly voluntary, and occurs after the dispute arises. SEC. 3. ARBITRATION OF EMPLOYMENT, CONSUMER, ANTITRUST, AND CIVIL RIGHTS DISPUTES. (a) In General.--Title 9 of the United States Code is amended by adding at the end the following: ``CHAPTER 4--ARBITRATION OF EMPLOYMENT, CONSUMER, ANTITRUST, AND CIVIL RIGHTS DISPUTES ``Sec. ``401. Definitions. ``402. Validity and enforceability. ``Sec. 401. Definitions ``In this chapter-- ``(1) the term `antitrust dispute' means a dispute-- ``(A) involving a claim for damages allegedly caused by a violation of the antitrust laws (as defined in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12)) or State antitrust laws; and ``(B) in which the plaintiffs seek certification as a class under rule 23 of the Federal Rules of Civil Procedure or a comparable rule or provision of State law; ``(2) the term `civil rights dispute' means a dispute-- ``(A) arising under-- ``(i) the Constitution of the United States or the constitution of a State; or ``(ii) a Federal or State statute that prohibits discrimination on the basis of race, sex, disability, religion, national origin, or any invidious basis in education, employment, credit, housing, public accommodations and facilities, voting, or program funded or conducted by the Federal Government or State government, including any statute enforced by the Civil Rights Division of the Department of Justice and any statute enumerated in section 62(e) of the Internal Revenue Code of 1986 (relating to unlawful discrimination); and ``(B) in which at least 1 party alleging a violation of the Constitution of the United States, a State constitution, or a statute prohibiting discrimination is an individual; ``(3) the term `consumer dispute' means a dispute between an individual who seeks or acquires real or personal property, services, securities or other investments, money, or credit for personal, family, or household purposes and the seller or provider of such property, services, securities or other investments, money, or credit; ``(4) the term `employment dispute' means a dispute between an employer and employee arising out of the relationship of employer and employee as defined in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203); and ``(5) the term `predispute arbitration agreement' means any agreement to arbitrate a dispute that had not yet arisen at the time of the making of the agreement. ``Sec. 402. Validity and enforceability ``(a) In General.--Notwithstanding any other provision of this title, no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of an employment dispute, consumer dispute, antitrust dispute, or civil rights dispute. ``(b) Applicability.-- ``(1) In general.--An issue as to whether this chapter applies to an arbitration agreement shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement. ``(2) Collective bargaining agreements.--Nothing in this chapter shall apply to any arbitration provision in a contract between an employer and a labor organization or between labor organizations, except that no such arbitration provision shall have the effect of waiving the right of an employee to seek judicial enforcement of a right arising under a provision of the Constitution of the United States, a State constitution, or a Federal or State statute, or public policy arising therefrom.''. (b) Technical and Conforming Amendments.-- (1) In general.--Title 9 of the United States Code is amended-- (A) in section 1, by striking ``of seamen,'' and all that follows through ``interstate commerce''; (B) in section 2, by inserting ``or as otherwise provided in chapter 4'' before the period at the end; (C) in section 208-- (i) in the section heading, by striking ``Chapter 1; residual application'' and inserting ``Application''; and (ii) by adding at the end the following: ``This chapter applies to the extent that this chapter is not in conflict with chapter 4.''; and (D) in section 307-- (i) in the section heading, by striking ``Chapter 1; residual application'' and inserting ``Application''; and (ii) by adding at the end the following: ``This chapter applies to the extent that this chapter is not in conflict with chapter 4.''. (2) Table of sections.-- (A) Chapter 2.--The table of sections for chapter 2 of title 9, United States Code, is amended by striking the item relating to section 208 and inserting the following: ``208. Application.''. (B) Chapter 3.--The table of sections for chapter 3 of title 9, United States Code, is amended by striking the item relating to section 307 and inserting the following: ``307. Application.''. (3) Table of chapters.--The table of chapters for title 9, United States Code, is amended by adding at the end the following: ``4. Arbitration of employment, consumer, antitrust, and 401''. civil rights disputes. SEC. 4. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on the date of enactment of this Act and shall apply with respect to any dispute or claim that arises on or after such date.

Arbitration Fairness Act of 2018 This bill prohibits a predispute arbitration agreement from being valid or enforceable if it requires arbitration of an employment dispute, consumer dispute, antitrust dispute, or civil rights dispute.

Arbitration Fairness Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wild Monongahela Act: A National Legacy for West Virginia's Special Places''. SEC. 2. DESIGNATION OF WILDERNESS, MONONGAHELA NATIONAL FOREST, WEST VIRGINIA. (a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal lands within the Monongahela National Forest in the State of West Virginia are designated as wilderness and as either a new component of the National Wilderness Preservation System or as an addition to an existing component of the National Wilderness Preservation System: (1) Certain Federal land comprising approximately 5,144 acres, as generally depicted on the map entitled ``Big Draft Proposed Wilderness'' and dated March 11, 2008, which shall be known as the ``Big Draft Wilderness''. (2) Certain Federal land comprising approximately 11,951 acres, as generally depicted on the map entitled ``Cranberry Expansion Proposed Wilderness'' and dated March 11, 2008, which shall be added to and administered as part of the Cranberry Wilderness designated by section 1(1) of Public Law 97-466 (96 Stat. 2538). (3) Certain Federal land comprising approximately 7,156 acres, as generally depicted on the map entitled ``Dolly Sods Expansion Proposed Wilderness'' and dated March 11, 2008, which shall be added to and administered as part of the Dolly Sods Wilderness designated by section 3(a)(13) of Public Law 93-622 (88 Stat. 2098). (4) Certain Federal land comprising approximately 698 acres, as generally depicted on the map entitled ``Otter Creek Expansion Proposed Wilderness'' and dated March 11, 2008, which shall be added to and administered as part of the Otter Creek Wilderness designated by section 3(a)(14) of Public Law 93-622 (88 Stat. 2098). (5) Certain Federal land comprising approximately 6,792 acres, as generally depicted on the map entitled ``Roaring Plains Proposed Wilderness'' and dated March 11, 2008, which shall be known as the ``Roaring Plains West Wilderness''. (6) Certain Federal land comprising approximately 6,030 acres, as generally depicted on the map entitled ``Spice Run Proposed Wilderness'' and dated March 11, 2008, which shall be known as the ``Spice Run Wilderness''. (b) Maps and Legal Description.-- (1) Filing and availability.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall file with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of each wilderness area designated or expanded by subsection (a). The maps and legal descriptions shall be on file and available for public inspection in the office of the Chief of the Forest Service and the office of the Supervisor of the Monongahela National Forest. (2) Force and effect.--The maps and legal descriptions referred to in this subsection shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the maps and descriptions. (c) Administration.--Subject to valid existing rights, the Federal lands designated as wilderness by subsection (a) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.). The Secretary may continue to authorize the competitive running event permitted from 2003 through 2008 in the vicinity of the boundaries of the Dolly Sods Wilderness addition designated by paragraph (3) of subsection (a) and the Roaring Plains West Wilderness Area designated by paragraph (5) of such subsection, in a manner compatible with the preservation of such areas as wilderness. (d) Effective Date of Wilderness Act.--With respect to the Federal lands designated as wilderness by subsection (a), any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of the Wilderness Act shall be deemed to be a reference to the date of the enactment of this Act. (e) Fish and Wildlife.--As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section affects the jurisdiction or responsibility of the State of West Virginia with respect to wildlife and fish. SEC. 3. BOUNDARY ADJUSTMENT, LAUREL FORK SOUTH WILDERNESS, MONONGAHELA NATIONAL FOREST. (a) Boundary Adjustment.--The boundary of the Laurel Fork South Wilderness designated by section 1(3) of Public Law 97-466 (96 Stat. 2538) is modified to exclude two parcels of land, as generally depicted on the map entitled ``Monongahela National Forest Laurel Fork South Wilderness Boundary Modification'' and dated March 11, 2008, and more particularly described according to the site-specific maps and legal descriptions on file in the office of the Forest Supervisor, Monongahela National Forest. The general map shall be on file and available for public inspection in the Office of the Chief of the Forest Service. (b) Management.--Federally owned land delineated on the maps referred to in subsection (a) as the Laurel Fork South Wilderness, as modified by such subsection, shall continue to be administered by the Secretary of Agriculture in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.). SEC. 4. MONONGAHELA NATIONAL FOREST BOUNDARY CONFIRMATION. (a) Boundary Adjustment.--The boundary of the Monongahela National Forest is confirmed to include the tracts of land as generally depicted on the map entitled ``Monongahela National Forest Boundary Confirmation'' and dated March 13, 2008, and all Federal lands under the jurisdiction of the Secretary of Agriculture, acting through the Chief of the Forest Service, encompassed within such boundary shall be managed under the laws and regulations pertaining to the National Forest System. (b) Land and Water Conservation Fund.--For the purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l- 9), the boundaries of the Monongahela National Forest, as confirmed by subsection (a), shall be considered to be the boundaries of the Monongahela National Forest as of January 1, 1965. SEC. 5. ENHANCED TRAIL OPPORTUNITIES. (a) Plan.-- (1) In general.--The Secretary of Agriculture, in consultation with interested parties, shall develop a plan to provide for enhanced nonmotorized recreation trail opportunities on lands not designated as wilderness within the Monongahela National Forest. (2) Nonmotorized recreation trail defined.--For the purposes of this subsection, the term ``nonmotorized recreation trail'' means a trail designed for hiking, bicycling, and equestrian use. (b) Report.--Not later than two years after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a report on the implementation of the plan required under subsection (a), including the identification of priority trails for development. (c) Consideration of Conversion of Forest Roads to Recreational Uses.--In considering possible closure and decommissioning of a Forest Service road within the Monongahela National Forest after the date of the enactment of this Act, the Secretary of Agriculture, in accordance with applicable law, may consider converting the road to nonmotorized uses to enhance recreational opportunities within the Monongahela National Forest.

Wild Monongahela Act: A National Legacy for West Virginia's Special Places - Designates specified federal lands in the Monongahela National Forest, West Virginia, as wilderness and as either a new component, or as an addition to an existing component, of the National Wilderness Preservation System. Modifies the boundary of the Laurel Fork South Wilderness designated by P.L. 97- 466 (relating to the designation of certain lands in the Monongahela National Forest as wilderness) to exclude two specified parcels of land. States that the boundary of the Monongahela National Forest is confirmed to include specified tracts of land. Requires the development of a plan to provide for enhanced nonmotorized recreation trail opportunities on lands not designated as wilderness within the Monongahela National Forest. Provides for the consideration of conversion of forest roads within Monongahela National Forest to nonmotorized uses to enhance recreational opportunities within the Forest.

To designate as wilderness additional National Forest System lands in the Monongahela National Forest in the State of West Virginia, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``COPS Improvements Act of 2015''. SEC. 2. COPS GRANT IMPROVEMENTS. (a) In General.--Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended-- (1) by striking subsection (c); (2) by redesignating subsection (b) as subsection (c); (3) by striking subsection (a) and inserting the following: ``(a) The Office of Community Oriented Policing Services.-- ``(1) Office.--There is within the Department of Justice, under the general authority of the Attorney General, a separate and distinct office to be known as the Office of Community Oriented Policing Services (referred to in this subsection as the `COPS Office'). ``(2) Director.--The COPS Office shall be headed by a Director who shall-- ``(A) be appointed by the Attorney General; and ``(B) have final authority over all grants, cooperative agreements, and contracts awarded by the COPS Office. ``(b) Grant Authorization.--The Attorney General shall carry out grant programs under which the Attorney General makes grants to States, units of local government, Indian tribal governments, other public and private entities, and multi-jurisdictional or regional consortia for the purposes described in subsections (c), (d), (e), and (f).''; (4) in subsection (c), as so redesignated-- (A) in the heading, by striking ``uses of grant amounts.--'' and inserting ``Community Policing and Crime Prevention Grants.--''; (B) in paragraph (3), by striking ``, to increase the number of officers deployed in community-oriented policing''; (C) in paragraph (4), by inserting ``or train'' after ``pay for''; (D) by striking paragraph (13); (E) by redesignating paragraphs (5) through (12) as paragraphs (6) through (13), respectively; (F) by inserting after paragraph (4) the following: ``(5) award grants to hire school resource officers and to establish school-based partnerships between local law enforcement agencies and local school systems to combat crime, gangs, drug activities, active shooter incidents, and other problems in and around elementary and secondary schools;''; (G) in paragraph (16), by striking ``and'' at the end; (H) by redesignating paragraph (17) as paragraph (19); (I) by inserting after paragraph (16), the following: ``(17) establish and implement innovative programs to reduce and prevent illegal drug manufacturing, distribution, and use, including the manufacturing, distribution, and use of opioids, synthetic cannabinoids, and methamphetamine; ``(18) award enhancing community policing and crime prevention grants that meet emerging law enforcement needs, including improved communication, consultation, and collaboration between police and communities, de-escalation of pre-arrest conflicts and critical incidents, development and adoption of less lethal and non-lethal means of apprehension which do not compromise officer safety, challenges of managing incidents involving mentally ill offenders, and relationships with tribal communities, and improvements in rural policing as warranted; and''; and (J) in paragraph (19), as so redesignated, by striking ``through (16)'' and inserting ``through (18)''; (5) by striking subsections (h) and (i); (6) by redesignating subsections (j) and (k) as subsections (k) and (l), respectively; (7) by redesignating subsections (d) through (g) as subsections (g) through (j), respectively; (8) by inserting after subsection (c), as so redesignated, the following: ``(d) Troops-to-Cops Programs.-- ``(1) In general.--The Attorney General shall maintain a program to encourage the use of grants made under subsection (b) to hire and train former members of the Armed Forces to serve as career law enforcement officers for deployment in community-oriented policing, particularly in communities that are adversely affected by a recent military base closing, realignment, or significant force structure reduction. ``(2) Definition.--In this subsection, `former member of the Armed Forces' means a member of the Armed Forces of the United States who is involuntarily separated from the Armed Forces within the meaning of section 1141 of title 10, United States Code. ``(e) Community Prosecutors Program.--The Attorney General may make grants under subsection (b) to pay for additional community prosecuting programs, including programs that assign prosecutors to-- ``(1) handle cases from specific geographic areas; and ``(2) address counter-terrorism problems, specific violent crime problems (including intensive illegal gang, gun, and drug enforcement and quality of life initiatives), and localized violent and other crime problems based on needs identified by local law enforcement agencies, community organizations, and others. ``(f) Technology Grants.--The Attorney General may make grants under subsection (b) to develop and use new technologies (including interoperable communications technologies, technologies for responding to active shooter incidents, modernized criminal record technology, and forensic technology) to assist State and local law enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime and to train law enforcement officers to use such technologies.''; (9) in subsection (g), as so redesignated-- (A) in paragraph (1), by striking ``to States, units of local government, Indian tribal governments, and to other public and private entities,''; (B) in paragraph (2), by striking ``define for State and local governments, and other public and private entities,'' and inserting ``establish''; and (C) in the first sentence of paragraph (3), by inserting ``(including regional community policing institutes)'' after ``training centers or facilities''; (10) in subsection (i), as so redesignated-- (A) by striking ``subsection (a)'' the first place that term appears and inserting ``paragraphs (1) and (2) of subsection (c)''; and (B) by striking ``in each fiscal year pursuant to subsection (a)'' and inserting ``in each fiscal year for purposes described in paragraphs (1) and (2) of subsection (c)''; (11) in subsection (j), as so redesignated-- (A) by striking ``subsection (a)'' and inserting ``subsection (b)''; and (B) by striking the second sentence; (12) in subsection (k), as so redesignated-- (A) in paragraph (1)-- (i) by striking ``subsection (i) and''; and (ii) by striking ``subsection (b)'' and inserting ``subsection (c)''; and (B) in paragraph (4), by striking ``2015'' and inserting ``2020''; and (13) by adding at the end the following: ``(m) Retention of Additional Officer Positions.--For any grant under paragraph (1) or (2) of subsection (c) for hiring or rehiring career law enforcement officers, a grant recipient shall retain each additional law enforcement officer position created under that grant for not less than 12 months after the end of the period of that grant, unless the Attorney General waives, wholly or in part, the retention requirement of a program, project, or activity.''. (b) Applications.--Section 1702 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-1) is amended-- (1) in subsection (c)-- (A) in the matter preceding paragraph (1), by inserting ``, unless waived by the Attorney General'' after ``under this part shall''; (B) by striking paragraph (8); and (C) by redesignating paragraphs (9) through (11) as paragraphs (8) through (10), respectively; and (2) by striking subsection (d). (c) Renewal of Grants.--Section 1703 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended to read as follows: ``SEC. 1703. RENEWAL OF GRANTS. ``(a) In General.--A grant made under this part may be renewed, without limitations on the duration of such renewal, to provide additional funds, if the Attorney General determines that the funds made available to the recipient were used in a manner required under an approved application and if the recipient can demonstrate significant progress in achieving the objectives of the initial application. ``(b) No Cost Extensions.--Notwithstanding subsection (a), the Attorney General may extend a grant period, without limitations as to the duration of such extension, to provide additional time to complete the objectives of the initial grant award.''. (d) Limitation on Use of Funds.--Section 1704 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-3) is amended-- (1) in subsection (a), by striking ``that would, in the absence of Federal funds received under this part, be made available from State or local sources'' and inserting ``that the Attorney General determines would, in the absence of Federal funds received under this part, be made available for the purpose of the grant under this part from State or local sources''; and (2) by striking subsection (c). (e) Enforcement Actions.--Section 1706 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-5) is amended-- (1) in the section heading, by striking ``revocation or suspension of funding'' and inserting ``enforcement actions''; and (2) by striking ``revoke or suspend'' and all that follows and inserting ``take any enforcement action available to the Department of Justice.''. (f) Definitions.--Section 1709(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8(1)) is amended-- (1) by striking ``who is authorized'' and inserting ``who is a sworn law enforcement officer and is authorized''; and (2) by inserting ``, including officers for the Amtrak Police Department'' before the period at the end. (g) Authorization of Appropriations.--Section 1001(a)(11) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is amended-- (1) in subparagraph (A), by striking ``$1,047,119,000 for each of fiscal years 2006 through 2009'' and inserting ``$900,000,000 for each of fiscal years 2015 through 2020''; and (2) in subparagraph (B)-- (A) in the first sentence-- (i) by striking ``3 percent'' and inserting ``5 percent''; and (ii) by striking ``section 1701(d)'' and inserting ``section 1701(g)''; and (B) by striking the second sentence and inserting the following: ``Of the funds available for grants under part Q, not less than $500,000,000 shall be used for grants for the purposes specified in section 1701(c), not more than $150,000,000 shall be used for grants under section 1701(e), and not more than $250,000,000 shall be used for grants under section 1701(f).''. (h) Purposes.--Section 10002 of the Public Safety Partnership and Community Policing Act of 1994 (42 U.S.C. 3796dd note) is amended-- (1) in paragraph (4), by striking ``development'' and inserting ``use''; and (2) in the matter following paragraph (4), by striking ``for a period of 6 years''. (i) COPS Program Improvements.-- (1) In general.--Section 109(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712h(b)) is amended-- (A) by striking paragraph (1); (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (C) in paragraph (2), as so redesignated, by inserting ``, except for the program under part Q of this title'' before the period. (2) Law enforcement computer systems.--Section 107 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712f) is amended by adding at the end the following: ``(c) Exception.--This section shall not apply to any grant made under part Q of this title.''. (j) Relationship to Tribal Law and Order Act.--Nothing in this Act, or any amendment made by this Act, shall be construed to affect or impair section 247 of the Tribal Law and Order Act of 2010 (42 U.S.C. 3796dd note).

COPS Improvements Act of 2015 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to codify the establishment of the Office of Community Oriented Policing Services within the Department of Justice (DOJ). It revises and reauthorizes through FY2020 the Community Oriented and Policing Services program. The bill expands the purpose areas of the existing program with respect to community policing and crime prevention grants. Additionally, it establishes three new programs. The bill: (1) directs DOJ to administer a troops-to-cops program to encourage the use of grants to hire and train former members of the Armed Forces as career law enforcement officers, (2) authorizes DOJ to award grants to pay for additional community prosecuting programs, and (3) authorizes DOJ to award grants to develop and use new crime-prevention technologies.

COPS Improvements Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Labor Relations Modernization Act''. SEC. 2. PREVENTING EXCESSIVE DELAYS IN INITIAL COLLECTIVE BARGAINING AGREEMENTS. Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended by adding at the end the following: ``(h) Whenever collective bargaining is for the purpose of establishing an initial agreement following certification or recognition, the provisions of subsection (d) shall be modified as follows with respect to any employer having 20 or more employees: ``(1) Not later than 10 days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative as defined in section 9(a), or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement. ``(2) If after the expiration of the 120-day period beginning on the date on which bargaining is commenced, or such other period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request the appointment of an arbitration panel. Whenever such a request is received, the Service shall promptly appoint an arbitration panel which will use its best efforts, by mediation and conciliation, to bring the parties to agreement. ``(3) If after the expiration of the 120-day period beginning on the date on which the request for mediation is made under paragraph (2), or such other period as the parties may agree upon, the arbitration panel appointed under paragraph (2) is not able to bring the parties to agreement by mediation and conciliation, the such panel shall then begin to arbitrate the dispute in accordance with such regulations as may be prescribed by the Service. Such panel shall render a decision settling the dispute not later than 30 days after commencing arbitration and such decision shall be binding upon the parties for a period of 18 months, unless amended during such period by written consent of the parties.''. SEC. 3. STRENGTHENING ENFORCEMENT AGAINST INTIMIDATION OF WORKERS. (a) Injunctions Against Unfair Labor Practices During Organizing Drives.-- (1) In general.--Section 10(l) of the National Labor Relations Act (29 U.S.C. 160(l)) is amended-- (A) in the second sentence, by striking ``If, after such'' and inserting the following: ``(2) If, after such''; and (B) by striking the first sentence and inserting the following: ``(1) Whenever it is charged-- ``(A) that any employer-- ``(i) discharged or otherwise discriminated against an employee in violation of subsection (a)(3) of section 8; ``(ii) threatened to discharge or to otherwise discriminate against an employee in violation of subsection (a)(1) of section 8; or ``(iii) engaged in any other unfair labor practice within the meaning of subsection (a)(1) that significantly interferes with, restrains, or coerces employees in the exercise of the rights guaranteed in section 7; while employees of that employer were seeking representation by a labor organization or during the period after a labor organization was recognized as a representative defined in section 9(a) until the first collective bargaining contract is entered into between the employer and the representative; or ``(B) that any person has engaged in an unfair labor practice within the meaning of subparagraph (A), (B) or (C) of section 8(b)(4), section 8(e), or section 8(b)(7); the preliminary investigation of such charge shall be made forthwith and given priority over all other cases except cases of like character in the office where it is filed or to which it is referred.''. (2) Conforming amendment.--Section 10(m) of the National Labor Relations Act (29 U.S.C. 160(m)) is amended by inserting ``under circumstances not subject to section 10(l)'' after ``section 8''. (b) Remedies for Violations.-- (1) Backpay.--Section 10(c) of the National Labor Relations Act (29 U.S.C. 160(c)) is amended by striking ``And provided further,'' and inserting ``Provided further, That if the Board finds that an employer has discriminated against an employee in violation of subsection (a)(3) of section 8 while employees of the employer were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative defined in subsection (a) of section 9 until the first collective bargaining contract was entered into between the employer and the representative, the Board in such order shall award the employee back pay and, in addition, 2 times that amount as liquidated damages: Provided further,''. (2) Civil penalties.--Section 12 of the National Labor Relations Act (29 U.S.C. 162) is amended-- (A) by striking ``Any'' and inserting ``(a) Any''; and (B) by adding at the end the following: ``(b) Any employer who willfully or repeatedly commits any unfair labor practice within the meaning of subsections (a)(1) or (a)(3) of section 8 while employees of the employer are seeking representation by a labor organization or during the period after a labor organization has been recognized as a representative defined in subsection (a) of section 9 until the first collective bargaining contract is entered into between the employer and the representative shall, in addition to any make-whole remedy ordered, be subject to a civil penalty of not to exceed $20,000 for each violation. In determining the amount of any penalty under this section, the Board shall consider the gravity of the unfair labor practice and the impact of the unfair labor practice on the charging party, on other persons seeking to exercise rights guaranteed by this Act, or on the public interest.''. SEC. 4. EQUAL ACCESS TO LABOR ORGANIZATIONS PRIOR TO ELECTIONS. (a) Equal Access.--Section 9 of the National Labor Relations Act (29 U.S.C. 159) is amended by adding at the end the following new subsection: ``(f)(1) Not later than 30 days after the Board shall have directed an election, the employer shall notify the representative designated by the employees under subsection (a) of any activities the employer intends to engage in to campaign in opposition to recognition of the representative, including any meetings with individual employees or groups of employees, any announcements to employees, any signs to be displayed at the place of employment, and any literature to be distributed to employees, and shall provide the representative with equal access to the place of employment to campaign in favor of recognition of the representative, including the opportunity to hold an equal number of meetings with individual employees or groups of employees, and an opportunity to make announcements, display signs, and distribute literature, under the same terms and conditions that the employer engages in such activities. ``(2) As used in this subsection, the term `campaign' means any activity undertaken to persuade employees to vote for or against representation in an election directed by the Board, but shall not include any interference with, restraint or coercion of, or discrimination against employees in violation of paragraphs (1) through (3) of section 8(a).''. (b) Unfair Labor Practice.--Section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a)) is amended-- (1) in paragraph (5), by striking the period and inserting ``; or''; and (2) by adding at the end the following: ``(6) to fail to provide the notification and equal access to a representative as required by section 9(f).''.

National Labor Relations Modernization Act - Amends the National Labor Relations Act to set forth special procedural requirements for reaching an initial collective bargaining agreement following certification or recognition of an individual or labor organization as the elected exclusive collective bargaining representative of a unit of 20 or more employees. Revises enforcement requirements with respect to unfair labor practices during union organizing drives, particularly a preliminary investigation of an alleged unfair labor practice (ULP) which may lead to proceedings for injunctive relief. Requires that priority be given to a preliminary investigation of any charge that, while employees were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative, but before the first collective bargaining contract is entered into, an employer: (1) discharged or otherwise discriminated against an employee to encourage or discourage membership in the labor organization; (2) threatened to discharge or to otherwise discriminate against an employee in order to interfere with, restrain, or coerce employees in the exercise of guaranteed self-organization or collective bargaining rights; or (3) engaged in any other related ULP that significantly interferes with, restrains, or coerces employees in the exercise of such guaranteed rights. Adds to remedies for such violations: (1) back pay plus double liquidated damages; and (2) additional civil penalties. Requires an employer, within 30 days after the National Labor Relations Board orders an election, to: (1) notify the designated representative of activities the employer intends to engage in to oppose recognition; and (2) provide such representative with equal access to the place of employment to campaign in favor of such recognition. Makes it an ULP for an employer to fail to provide such representative with such notice and equal access.

To amend the National Labor Relations Act to require employers to provide labor organizations with equal access to employees prior to an election regarding representation, to prevent delays in initial collective bargaining, and to strengthen enforcement against intimidation of employees by employers.

SECTION 1. REFERENCES TO SOCIAL SECURITY 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 Social Security Act. SEC. 2. DEFINITION OF FUNCTIONALLY DISABLED ELDERLY INDIVIDUAL. Section 1929(b)(1)(C) (42 U.S.C. 1396t(b)(1)(C)) is amended to read as follows: ``(C) subject to section 1902(f) (as applied consistent with section 1902(r)(2))-- ``(i) is receiving supplemental security income benefits under title XVI (or under a State plan approved under title XVI), or ``(ii) at the option of the State-- ``(I) is described in section 1902(a)(10)(C), or ``(II) has income (as determined under section 1612 for purposes of the supplementary security income program) that does not exceed three times the maximum amount of income that an individual may have and obtain benefits under such program.''. SEC. 3. DETERMINATIONS OF FUNCTIONAL DISABILITY. Section 1929(c)(1) (42 U.S.C. 1396t(c)(1)) is amended-- (1) in subparagraph (A)-- (A) by striking ``3'' and inserting ``5'', and (B) by striking ``toileting, transferring, and eating; or'' and inserting ``bathing, dressing, toileting, transferring, and eating;'', (2) in subparagraph (B)-- (A) by striking ``of the following 5 activities of daily living: bathing, dressing, toileting, transferring, and eating'' and inserting ``of the 5 activities of daily living described in subparagraph (A)'', and (B) by striking the period at the end and inserting ``; or'', and (3) by adding at the end the following new subparagraph: ``(C) needs substantial supervision due to cognitive or other mental impairment resulting in behaviors that are dangerous (to the individual or others), disruptive, or difficult to manage.''. SEC. 4. LIMITATION ON PARTICIPATION OF STATES IN PROGRAM. (a) In General.--Section 1929(m) (42 U.S.C. 1396t(m)) is amended-- (1) by redesignating paragraphs (2), (3), and (4), as paragraphs (3), (4), and (5), respectively; (2) by inserting after paragraph (1) the following new paragraph: ``(2) Participation of states.-- ``(A) Applications by states.--Each State desiring to provide home and community care under this section shall submit an application to the Secretary at such time and in such manner as the Secretary determines appropriate. ``(B) Criteria for selection of participating states.--The Secretary shall develop criteria to review the applications of States submitted under this section to provide home and community care. ``(C) Limit on number of participating states.--The Secretary shall select no more than 25 States to receive Federal financial participation for providing home and community care.''. (b) Conforming Amendments.--Section 1929 (42 U.S.C. 1396t) is amended-- (1) in subsection (b)(2)(A)(i), by striking ``election'' and inserting ``selection under subsection (m)(2)''; (2) in subsection (b)(2)(B), by striking ``a State'' and inserting ``a State selected to provide home and community care''; (3) in subsection (b)(3), by striking ``a State'' and inserting ``a State selected to provide such care''; (4) in subsection (c)(2)(A), by striking ``has elected'' and inserting ``is selected''; (5) in subsection (c)(2)(G), by striking ``which elects'' and inserting ``which is selected''; (6) in subsection (d)(3), by striking ``which elects'' and inserting ``which is selected''; (7) in subsection (i)(1)(A), by striking ``under this title'' and inserting ``under this title of a State which is selected to provide home and community care under this section''; (8) in subsection (i)(3)(A), by striking ``each State's'' and inserting ``a State's''; (9) in subsection (i)(3)(D)-- (A) by striking ``each State'' and inserting ``each State which is selected to provide home and community care under this section''; and (B) by striking ``each State's'' and inserting ``each such State's''; (10) in subsection (i)(4), by striking ``Each State'' and inserting ``Each State which is selected to provide home and community care under this section''; (11) in subsection (i)(6)(A), by striking ``Each State'' and inserting ``Each State which is selected to provide home and community care under this section''; (12) in subsection (i)(6)(C), by striking ``Each State'' and inserting ``Each State which is selected to provide home and community care under this section''; (13) in subsection (j)(1)(B)(i), by striking ``Each State'' and inserting ``Each State which is selected to provide home and community care under this section''; (14) in subsection (j)(1)(B)(ii), by striking ``which elects'' and inserting ``which is selected''; and (15) in paragraph (5) of subsection (m), by striking ``paragraph (2)'' and inserting ``paragraph (3)''. SEC. 5. LIMITATION ON NUMBER OF INDIVIDUALS ELIGIBLE TO PARTICIPATE. Section 1929(m)(3) (42 U.S.C. 1396t(m)(3)), as redesignated, is amended by striking ``, without regard to the amount of funds available to the State under paragraph (1).''. and inserting ``. If a State determines that the amount of funds available to such State under paragraph (1) is insufficient to serve all individuals described in subsection (b), such State may, at any time during an election period, limit the number of individuals who will receive home and community care under this section.''. SEC. 6. APPLICATION OF SPOUSAL IMPOVERISHMENT RULES UNDER MEDICAID TO SPOUSES OF INDIVIDUALS RECEIVING HOME OR COMMUNITY-BASED SERVICES. Section 1924(h)(1)(A) (42 U.S.C. 1396r-5(h)(1)(A)) is amended to read as follows: ``(A)(i) is in a medical institution or nursing facility; or ``(ii) is described in section 1902(a)(10)(A)(ii)(VI) (except that for purposes of subsection (d), such term shall include such individual only if the State elects to apply such subsection to the individual); and''. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall be effective on the date of the enactment of this Act.

Amends title XIX (Medicaid) of the Social Security Act with respect to the home- and community-based care program to: (1) revise income and disability eligibility requirements; (2) limit the number of States which may participate in such program; (3) permit States to limit the number of individuals who may receive program services; and (4) revise application of Medicaid spousal impoverishment rules to spouses of individuals receiving program services.

A bill to amend title XIX of the Social Security Act to improve the program related to home and community based care.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern Ute and Colorado Intergovernmental Agreement Implementation Act of 2004''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress, after review and in recognition of the purposes and uniqueness of the Intergovernmental Agreement between the Southern Ute Indian Tribe and the State of Colorado, finds that-- (1) the Intergovernmental Agreement is consistent with the special legal relationship between Federal Government and the Tribe; and (2) air quality programs developed in accordance with the Intergovernmental Agreement and submitted by the Tribe for approval by the Administrator may be implemented in a manner that is consistent with the Clean Air Act (42 U.S.C. 7401 et seq.). (b) Purpose.--The purpose of this Act is to provide for the implementation and enforcement of air quality control programs under the Clean Air Act (42 U.S.C. 7401 et seq.) and other air quality programs developed in accordance with the Intergovernmental Agreement that provide for-- (1) the regulation of air quality within the exterior boundaries of the Reservation; and (2) the establishment of a Southern Ute Indian Tribe/State of Colorado Environmental Commission. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Commission.--The term ``Commission'' means the Southern Ute Indian Tribe/State of Colorado Environmental Commission established by the State and the Tribe in accordance with the Intergovernmental Agreement. (3) Intergovernmental agreement.--The term ``Intergovernmental Agreement'' means the agreement entered into by the Tribe and the State on December 13, 1999. (4) Reservation.--The term ``Reservation'' means the Southern Ute Indian Reservation. (5) State.--The term ``State'' means the State of Colorado. (6) Tribe.--The term ``Tribe'' means the Southern Ute Indian Tribe. SEC. 4. TRIBAL AUTHORITY. (a) Air Program Applications.-- (1) In general.--The Administrator is authorized to treat the Tribe as a State for the purpose of any air program applications submitted to the Administrator by the Tribe under section 301(d) of the Clean Air Act (42 U.S.C. 7601(d)) to carry out, in a manner consistent with the Clean Air Act (42 U.S.C. 7401 et seq.), the Intergovernmental Agreement. (2) Applicability.--If the Administrator approves an air program application of the Tribe, the approved program shall be applicable to all air resources within the exterior boundaries of the Reservation. (b) Termination.--If the Tribe or the State terminates the Intergovernmental Agreement, the Administrator shall promptly take appropriate administrative action to withdraw treatment of the Tribe as a State for the purpose described in subsection (a)(1). SEC. 5. CIVIL ENFORCEMENT. (a) In General.--If any person fails to comply with a final civil order of the Tribe or the Commission made in accordance with the Clean Air Act (42 U.S.C. 7401 et seq.) or any other air quality program established under the Intergovernmental Agreement, the Tribe or the Commission, as appropriate, may bring a civil action for declaratory or injunctive relief, or for other orders in aid of enforcement, in the United States District Court for the District of Colorado. (b) No Effect on Rights or Authority.--Nothing in this Act alters, amends, or modifies any right or authority of any person (as defined in section 302(e) of the Clean Air Act (42 U.S.C. 7601(e)) to bring a civil action under section 304 of the Clean Air Act (42 U.S.C. 7603). SEC. 6. JUDICIAL REVIEW. Any decision by the Commission that would be subject to appellate review if it were made by the Administrator-- (1) shall be subject to appellate review by the United States Court of Appeals for the Tenth Circuit; and (2) may be reviewed by the Court of Appeals applying the same standard that would be applicable to a decision of the Administrator. SEC. 7. DISCLAIMER. Nothing in this Act-- (1) modifies any provision of-- (A) the Clean Air Act (42 U.S.C. 7401 et seq.); (B) Public Law 98-290 (25 U.S.C. 668 note); or (C) any lawful administrative rule promulgated in accordance with those statutes; or (2) affects or influences in any manner any past or prospective judicial interpretation or application of those statutes by the United States, the Tribe, the State, or any Federal, tribal, or State court. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Southern Ute and Colorado Intergovernmental Agreement Implementation Act of 2004 - Authorizes the Administrator of the Environmental Protection Agency to treat the Southern Ute Indian Tribe as a State for purposes of implementing and enforcing air quality control programs for their Reservation, as developed in the Intergovernmental Agreement. Authorizes the Tribe or the Environmental Commission established by the Tribe and the State of Colorado to bring a civil action for declaratory or injunctive relief or other enforcement orders in the U.S. District Court for the District of Colorado if any person fails to comply with a final civil order of the Tribe or Commission under specified air quality provisions. Retains the right of any individual to seek injunctive relief to immediately restrain a pollution source which is presenting an imminent and substantial endangerment to public health or welfare under the emergency powers provision of the Clean Air Act (CAA). Provides for appellate review by the U.S. Court of Appeals for the Tenth Circuit of any decision by the Commission that would be subject to review if made by the Administrator. States that nothing in this Act modifies the CAA, specified law concerning tribal boundaries and jurisdiction, or related administrative rules or affects or influences past or prospective judicial interpretations of such laws.

A bill to provide for the implementation of air quality programs developed in accordance with an Intergovernmental Agreement between the Southern Ute Indian Tribe and the State of Colorado concerning Air Quality Control on the Southern Ute Indian Reservation, and for other purposes.

SECTION 1. SHORT TITLE. This Act shall be cited as the ``Depository Institution Service Corporation Reform Act of 1994''. TITLE I--BANK SERVICE CORPORATION ACT AMENDMENTS SEC. 101. SERVICE CORPORATION REFORMS. The Bank Service Corporation Act (Public Law 87-856, 76 Stat. 1132, 12 U.S.C. 1861 et seq.) is amended to read as follows: ``SECTION 1. SHORT TITLE; DEFINITIONS. ``(a) This Act may be cited as the `Depository Institutions Service Corporation Act'. ``(b) For the purpose of this chapter-- ``(1) the term `appropriate Federal banking agency' shall have the meaning provided in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)); ``(2) the term `depository institution service corporation' means a corporation organized to perform services authorized by this Act, all of the capital stock of which is owned by one or more insured depository institutions; ``(3) the term `Board' means the Board of Governors of the Federal Reserve System; ``(4) the terms `depository institution', `insured depository institution' and `institution-affiliated party' have the meaning as in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); ``(5) the term `invest' includes any advance of funds to a depository institution service corporation, whether by the purchase of stock, the making of a loan, or otherwise, except a payment for rent earned, goods sold and delivered, or services rendered prior to the making of such payment; and ``(6) the term `principal investor' means the insured depository institution that has the largest dollar amount invested in the capital stock of a depository institution service corporation. In any case where two or more insured depository institutions have equal dollar amounts invested in a depository institution service corporation, the corporation shall, prior to commencing operations, select one of the insured depository institutions as its principal investor and shall notify the depository institution's appropriate Federal banking agency of that choice within 5 business days of its selection. ``SEC. 2. AMOUNT OF INVESTMENT IN DEPOSITORY INSTITUTION SERVICE CORPORATION. ``(a) Depository Institutions.--Notwithstanding any limitation or prohibition otherwise imposed by any provision of law exclusively relating to depository institutions, an insured depository institution may invest in a depository institution service corporation, provided that it invests no more than-- ``(1) 10 per centum of paid-in and unimpaired capital and unimpaired surplus in any single depository institution service corporation; ``(2) 20 per centum of paid-in and unimpaired capital and unimpaired surplus in depository institution service corporations; or ``(3) 3 per centum of its total assets in depository institution service corporations. ``(b) Institution-Affiliated Parties.--Without the prior written approval of the appropriate Federal banking agency, no depository institution service corporation may pay management fees, in any manner, to an institution-affiliated party or any corporation owned by an institution-affiliated party. ``SEC. 3. PERMISSIBLE SERVICE CORPORATION ACTIVITIES FOR DEPOSITORY INSTITUTIONS. ``Without regard to the provisions of sections 4 and 5 of this Act, an insured depository institution may invest in a depository institution service corporation that performs, and a depository institution service corporation may perform, the following services only for depository institutions: check and deposit sorting and posting, computation and posting of interest and other credits and charges, preparation and mailing of checks, statements, notices, and similar items, or any other clerical, bookkeeping, accounting, statistical, or similar functions performed for a depository institution. ``SEC. 4. PERMISSIBLE DEPOSITORY INSTITUTION SERVICE CORPORATION ACTIVITIES FOR OTHER PERSONS. ``(a) Services Permissible Other Than Taking Deposits.--A depository institution service corporation may provide to any person any service authorized by this section, except that a depository institution service corporation shall not take deposits. ``(b) Permissible Services.-- ``(1) In general.--A depository institution service corporation shall not perform any type of service or engage in any activity not permissible for a national bank. ``(2) Waiver.--The appropriate Federal banking agency may waive the requirements of this section, if-- ``(A) the agency determines an activity would pose no significant risk to the appropriate deposit insurance fund; and ``(B) the depository institution is in compliance with applicable capital standards prescribed by the appropriate Federal banking agency. ``(c) Geographic Location.--Notwithstanding the other provisions of this section or any other provision of law, other than the provisions of Federal and State branching law regulating the geographic location of banks to the extent that those laws are applicable to an activity authorized by this subsection, a depository institution service corporation may perform at any geographic location any service, other than deposit taking, that the Board has determined, by regulation, to be permissible for a bank holding company under section 4(c)(8) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(c)(8)). ``SEC. 5. PRIOR APPROVAL FOR INVESTMENTS IN DEPOSITORY INSTITUTION SERVICE CORPORATIONS. ``(a) Approval of Federal Banking Agency.--No insured depository institution shall invest in the capital stock of a depository institution service corporation that performs any service under authority of section 4(b) of this Act without the prior approval of the depository institution's appropriate Federal banking agency. ``(b) Approval of Board.--No insured depository institution shall invest in the capital stock of a depository institution service corporation that performs any service under authority of section 4(c) of this Act and no depository institution service corporation shall perform any activity under section 4(c) of this Act without the prior approval of the Board. ``(c) Considerations in Determining Approval.--In determining whether to approve or deny any application for prior approval under this section, the Board or the appropriate Federal banking agency, as the case may be, is authorized to consider the financial and managerial resources and future prospects of the depository institution or depository institutions and depository institution service corporation involved, including the financial capability of the depository institution to make a proposed investment under this chapter, and possible adverse effects such as undue concentration of resources, unfair or decreased competition, conflicts of interest, or unsafe or unsound banking practices. ``(d) Failure To Act on Application for Approval.--In the event the Board or the appropriate Federal banking agency, as the case may be, fails to act on any application under this section within ninety days of the submission of a complete application to the agency, the application shall be deemed approved. ``SEC. 6. SERVICES TO NONSTOCKHOLDERS. No depository institution service corporation shall unreasonably discriminate in the provision of any services authorized under this chapter to any depository institution that does not own stock in the service corporation on the basis of the fact that the nonstockholding institution is in competition with an institution that owns stock in the depository institution service corporation, except that-- ``(1) it shall not be considered unreasonable discrimination for a depository institution service corporation to provide services to a nonstockholding institution only at a price that fully reflects all of the costs of offering those services, including the cost of capital and a reasonable return thereon; and ``(2) a depository institution service corporation may refuse to provide services to a nonstockholding institution if comparable services are available from another source at competitive overall costs, or if the providing of services would be beyond the practical capacity of the service corporation. ``SEC. 7. REGULATION AND EXAMINATION OF DEPOSITORY INSTITUTION SERVICE CORPORATIONS. ``(a) Principal Investor.--A depository institution service corporation shall be subject to examination and regulation by the appropriate Federal banking agency of its principal investor to the same extent as its principal investor. The appropriate Federal banking agency of the principal shareholder of such a depository institution service corporation may authorize any other Federal banking agency that supervises any other shareholder of the depository institution service corporation to make such an examination. ``(b) Enforcement.--A depository institution service corporation shall be subject to the provisions of section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818) as if the depository institution service corporation were an insured depository institution. For this purpose, the appropriate Federal banking agency shall be the appropriate Federal banking agency of the principal investor of the depository institution service corporation. ``(c) Services Performed by Contract or Otherwise.--Notwithstanding subsection (a) of this section, whenever a depository institution that is regularly examined by an appropriate Federal banking agency, or any subsidiary or affiliate of such a depository institution that is subject to examination by that agency, causes to be performed for itself, by contract or otherwise, any services authorized under this Act, whether on or off its premises-- ``(1) such performance shall be subject to regulation and examination by such agency to the same extent as if such services were being performed by the depository institution itself on its own premises, and ``(2) the depository institution shall notify such agency of the existence of the service relationship within thirty days after the making of such service contract or the performance of the service, whichever occurs first. ``(d) Issuance of Regulations and Orders.--The Board and the appropriate Federal banking agencies are authorized to issue such regulations and orders as may be necessary to enable them to administer and to carry out the purposes of this chapter and to prevent evasions thereof.''.

Depository Institution Service Corporation Reform Act of 1994 - Title I: Bank Service Corporation Act Amendments - Amends the Bank Service Corporation Act to place insured depository institutions under its jurisdiction and rename such Act the "Depository Institutions Service Corporation Act." Allows an insured depository institution to invest in more than one depository institution service corporation. Prescribes investment limits, and reduces from five percent to three percent the percentage of total assets that may be so invested. Requires a depository institution service corporation to obtain prior written approval of the appropriate Federal banking agency before paying management fees to an institution-affiliated party (or to any corporation owned by such party). Prohibits a depository institution service corporation from performing activities or services that are not permissible for a national bank.

Depository Institution Service Corporation Reform Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Hike Prevention Act of 2012''. SEC. 2. TEMPORARY EXTENSION OF 2001 TAX RELIEF. (a) In General.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``December 31, 2012'' both places it appears and inserting ``December 31, 2013''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001. SEC. 3. TEMPORARY EXTENSION OF 2003 TAX RELIEF. (a) In General.--Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 is amended by striking ``December 31, 2012'' and inserting ``December 31, 2013''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the enactment of the Jobs and Growth Tax Relief Reconciliation Act of 2003. SEC. 4. ALTERNATIVE MINIMUM TAX RELIEF. (a) Temporary Extension of Increased Alternative Minimum Tax Exemption Amount.-- (1) In general.--Paragraph (1) of section 55(d) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``$72,450'' and all that follows through ``2011'' in subparagraph (A) and inserting ``$78,750 in the case of taxable years beginning in 2012 and $79,850 in the case of taxable years beginning in 2013'', and (B) by striking ``$47,450'' and all that follows through ``2011'' in subparagraph (B) and inserting ``$50,600 in the case of taxable years beginning in 2012 and $51,150 in the case of taxable years beginning in 2013''. (b) Temporary Extension of Alternative Minimum Tax Relief for Nonrefundable Personal Credits.-- (1) In general.--Paragraph (2) of section 26(a) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``or 2011'' and inserting ``2011, 2012, or 2013'', and (B) by striking ``2011'' in the heading thereof and inserting ``2013''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 5. EXTENSION OF INCREASED EXPENSING LIMITATIONS AND TREATMENT OF CERTAIN REAL PROPERTY AS SECTION 179 PROPERTY. (a) In General.-- (1) Dollar limitation.--Section 179(b)(1) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``2010 or 2011,'' in subparagraph (B) and inserting ``2010, 2011, 2012, or 2013, and'', (B) by striking subparagraph (C), (C) by redesignating subparagraph (D) as subparagraph (C), and (D) in subparagraph (C), as so redesignated, by striking ``2012'' and inserting ``2013''. (2) Reduction in limitation.--Section 179(b)(2) of such Code is amended-- (A) by striking ``2010 or 2011,'' in subparagraph (B) and inserting ``2010, 2011, 2012, or 2013, and'', (B) by striking subparagraph (C), (C) by redesignating subparagraph (D) as subparagraph (C), and (D) in subparagraph (C), as so redesignated, by striking ``2012'' and inserting ``2013''. (3) Conforming amendment.--Subsection (b) of section 179 of such Code is amended by striking paragraph (6). (b) Computer Software.--Section 179(d)(1)(A)(ii) of the Internal Revenue Code of 1986 is amended by striking ``2013'' and inserting ``2014''. (c) Election.--Section 179(c)(2) of the Internal Revenue Code of 1986 is amended by striking ``2013'' and inserting ``2014''. (d) Special Rules for Treatment of Qualified Real Property.-- (1) In general.--Section 179(f)(1) of the Internal Revenue Code of 1986 is amended by striking ``2010 or 2011'' and inserting ``2010, 2011, 2012, or 2013''. (2) Carryover limitation.-- (A) In general.--Section 179(f)(4) of such Code is amended by striking ``2011'' each place it appears and inserting ``2013''. (B) Conforming amendment.--The heading for subparagraph (C) of section 179(f)(4) of such Code is amended by striking ``2010'' and inserting ``2010, 2011 and 2012''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 6. INSTRUCTIONS FOR TAX REFORM. (a) In General.--The Senate Committee on Finance shall report legislation not later than 12 months after the date of the enactment of this Act that consists of changes in laws within its jurisdiction which meet the requirements of subsection (b). (b) Requirements.--Legislation meets the requirements of this subsection if the legislation-- (1) simplifies the Internal Revenue Code of 1986 by reducing the number of tax preferences and reducing individual tax rates proportionally, with the highest individual tax rate significantly below 35 percent; (2) permanently repeals the alternative minimum tax; (3) is projected, when compared to the current tax policy baseline, to be revenue neutral or result in revenue losses; (4) has a dynamic effect which is projected to stimulate economic growth and lead to increased revenue; (5) applies any increased revenue from stimulated economic growth to additional rate reductions and does not permit any such increased revenue to be used for additional Federal spending; (6) retains a progressive tax code; and (7) provides for revenue-neutral reform of the taxation of corporations and businesses by-- (A) providing a top tax rate on corporations of no more than 25 percent; and (B) implementing a competitive territorial tax system.

Tax Hike Prevention Act of 2012 - Extends through 2013: (1) the Economic Growth and Tax Relief Reconciliation Act of 2001, and (2) the reduction in the tax rates for dividend and capital gain income enacted by the Jobs and Growth Tax Relief Reconciliation Act of 2003. Amends the Internal Revenue Code to extend for an additional two years: (1) the increased exemption amount for the alternative minimum tax (AMT); (2) the offset against the AMT for certain nonrefundable personal tax credits; and (3) the increased expensing allowance for depreciable business assets, including computer software. Directs the Senate Committee on Finance to report tax reform legislation not later than 12 months after the enactment of this Act.

A bill to amend the Internal Revenue Code of 1986 to temporarily extend tax relief provisions enacted in 2001 and 2003, to provide for temporary alternative minimum tax relief, to extend increased expensing limitations, and to provide instructions for tax reform.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Security Act of 1993''. SEC. 2. DEPARTMENT OF DEFENSE PROGRAM TO ASSIST DISCHARGED MEMBERS OF THE ARMED FORCES TO OBTAIN TRAINING AND EMPLOYMENT AS LAW ENFORCEMENT OFFICERS. (a) Training and Placement Program.--Chapter 58 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1152. Training and placement of involuntarily separated members as law enforcement officers ``(a) Training and Placement of Involuntarily Separated Members.-- The Secretary of Defense shall establish a program to assist members of the armed forces who are involuntarily separated from active duty after six or more years of continuous active duty immediately before the separation to obtain training and employment as law enforcement officers with a unit of local government described in subsection (b). ``(b) Limitation on Eligibility.--If a member of the armed forces described in subsection (a) is not accepted by a unit of local government for training and employment as a law enforcement officer within one year after the date of the separation of the member, the member shall not be eligible for a stipend under subsection (h), and a unit of local government providing the training or employment shall not receive assistance under this section for such member. ``(c) Agreements With Units of Local Government.--(1) The Secretary of Defense shall offer to enter into agreements under this subsection with any unit of local government providing law enforcement functions in a high crime area if the unit of local government agrees-- ``(A) to select a member of the armed forces described in subsection (a) to receive training as a law enforcement officer; ``(B) to offer the member full-time employment with the unit of local government as a law enforcement officer for a period of at least two years; and ``(C) to treat the member so employed in the same manner as any other law enforcement officer employed by the unit of local government for purposes of determining seniority, duty assignments, or eligibility for benefits. ``(2) If a State does not have any high crime areas, the Secretary shall enter into agreements under this subsection with units of local governments that provide law enforcement functions in areas in the State with the highest rates of crime. ``(3) The actual selection of a member by a unit of local government pursuant to the agreement shall be subject to the certification of the Secretary of Defense that the member meets the eligibility requirements described in subsection (a). ``(4) Under an agreement referred to in paragraph (1), the Secretary of Defense shall agree to pay to the unit of local government an amount based upon the basic salary paid by the unit of local government to the selected member as a law enforcement officer. The rate of payment by the Secretary shall be as follows: ``(A) For the first year of employment, 100 percent of the basic salary. ``(B) For the second year of employment, 80 percent of the basic salary. ``(C) For the third year of employment if continued under the agreement, 60 percent of the basic salary. ``(D) For the fourth year of employment if continued under the agreement, 40 percent of the basic salary. ``(E) For the fifth year of employment if continued under the agreement, 20 percent of the basic salary. ``(5) Payments required under paragraph (4) may be made by the Secretary of Defense in such installments as the Secretary may determine. If the Secretary makes payments in advance and the member leaves the employment of the unit of local government before the end of the period covered by the advance payment, the unit of local government shall reimburse the Secretary of Defense for any portion of the advance payment that remains unpaid to the member. ``(6) The Secretary of Defense may not enter into an agreement under this subsection with a unit of local government if the Secretary determines that the agency terminated the employment of another law enforcement officer in order to fill the vacancy so created with a member described in subsection (a). ``(d) Priority Given to Violent Crime Areas.--In entering into agreements with units of local government under subsection (c), the Secretary of Defense shall give priority to those units of local government performing law enforcement functions in areas with an especially high rate of violent crimes, as identified by the Attorney General. ``(e) Assistance Subject to Availability of Appropriations.--Each agreement under subsection (c) shall contain a condition that the provision of assistance, including stipends, under the agreement is subject to the certification of the Secretary of Defense that, at the time the member described in subsection (a) is selected to receive training and employment as a law enforcement officer, the Secretary has sufficient appropriations to carry out this section available to satisfy the obligations to be incurred by the United States with respect to the training and employment of that member. ``(f) Number of Participants per State.--(1) Except as provided in paragraph (2), for each fiscal year, the number of members of the armed forces who are selected to receive assisted training and employment under this section as law enforcement officers in a particular State may not exceed the number that bears the same ratio to 75 percent of the total number of participants to be selected in that fiscal year as the population of that State bears to the total population of all the States. ``(2) Of the total number of members to be selected to receive assisted training and employment under this section for a fiscal year, 25 percent of such participants shall be selected pursuant to agreements entered into under subsection (c) on a competitive basis without regard to the limitation on the number of participants per State specified in paragraph (1). ``(g) Participant Agreement.--A member of the armed forces described in subsection (a) who is selected by a unit of local government to receive assisted training and employment as a law enforcement officer pursuant to an agreement under subsection (c) shall be required to enter into an agreement with the unit of local government and the Secretary of Defense in which the member agrees-- ``(1) to obtain, within such time as the unit of local government may require, the training required by the unit of local government to become a law enforcement officer; and ``(2) to accept employment with the unit of local government as a law enforcement officer for at least two years, to begin within six months after completing the training under paragraph (1). ``(h) Training Stipend.--(1) Except as provided in paragraph (2), the Secretary of Defense shall pay to each member of the armed forces who is selected to receive assisted training and employment as a law enforcement officer pursuant to an agreement under subsection (c) a stipend in an amount equal to not more than $5,000 to cover costs incurred by the member while training to become a law enforcement officer. ``(2) A member who is employed by the unit of local government or receives a living allowance from the unit of local government while receiving training as a law enforcement officer shall not be paid a stipend under paragraph (1). ``(i) Reimbursement Under Certain Circumstances.--(1) If a member of the armed forces who receives assisted training and employment as a law enforcement officer under this section fails to successfully complete the training required to become a law enforcement officer or voluntarily leaves, or is terminated for cause, from the employment during the one year of required employment, the member shall be required to reimburse the Secretary of Defense for any stipend paid to the person under subsection (h)(1) in an amount that bears the same ratio to the amount of the stipend as the unserved portion of required service bears to the one year of required service. ``(2) The obligation to reimburse the Secretary under this subsection is, for all purposes, a debt owing the United States. A discharge in bankruptcy under title 11 shall not release a member described in subsection (a) from the obligation to reimburse the Secretary. Any amount owed by a person under paragraph (1) shall bear interest at the rate equal to the highest rate being paid by the United States on the day on which the reimbursement is determined to be due for securities having maturities of ninety days or less and shall accrue from the day on which the person is first notified of the amount due. The Secretary may enter into an agreement with the Secretary of the Treasury to arrange for the collection of amounts owed by a person under paragraph (1) through the Internal Revenue Code of 1986. ``(j) Exceptions to Reimbursement Provisions.--(1) A member of the armed forces described in subsection (a) shall not be considered to be in violation of an agreement entered into under subsection (g) during any period in which the member-- ``(A) is pursuing a full-time course of study, approved by the unit of local government involved, related to the field of law enforcement at an educational or vocational institution; ``(B) is serving on active duty as a member of the Armed Forces; ``(C) is employed by any unit of local government and serves as a law enforcement officer in a high crime area; ``(D) is temporarily totally disabled for a period of time not to exceed three years as established by sworn affidavit of a qualified physician; ``(E) is unable to secure employment for a period not to exceed 12 months by reason of the care required by a spouse who is disabled; or ``(F) satisfies the provisions of such additional reimbursement exceptions as may be prescribed by the Secretary of Defense. ``(2) A person shall be excused from reimbursement under subsection (i) if the person becomes permanently totally disabled as established by sworn affidavit of a qualified physician. The Secretary may also waive reimbursement in cases of extreme hardship to the person, as determined by the Secretary. ``(k) Information Regarding Placement Program.--The Secretary of Defense shall provide information regarding the training and placement opportunities available under this section to members of the armed forces as part of preseparation counseling provided under section 1142 of this title. The information provided shall include a list of all units of local government with which the Secretary has entered into an agreement under subsection (c) and the name, address, and telephone number of the representative of each unit of local government administering the agreement on behalf of the unit of local government. ``(l) Special Eligibility of Certain Persons Already Separated or Terminated.--A member of the armed forces described in subsection (a) who was involuntarily separated during the period beginning on October 1, 1990, and ending on October 1, 1993, may receive assisted training and employment under this section if the member is accepted by a unit of local government for training and employment as a law enforcement officer by October 1, 1994. ``(m) Expansion of Program.--(1) If the Secretary of Defense determines for a fiscal year that the number of eligible members likely to be selected to participate in the training and placement program under this section the Secretary may authorize local governments entering into an agreement under subsection (c) to select-- ``(A) civilian employees of the Department of Defense who are terminated from employment with the Department as a result of reductions in defense spending or the closure or realignment of a military installation; and ``(B) employees of private defense contractors who were employed for not less than five years with a private defense contractor and are terminated or laid off (or receive a notice of termination or lay off) as a result of the completion or termination of a defense contract or program or reductions in defense spending. ``(2) A civilian employee of the Department of Defense or the Department of Energy or an employee of a private defense contractor who is terminated for cause shall not be eligible for a stipend under subsection (h), and a unit of local government providing training or employment to such an employee shall not receive assistance under this section for such employee. ``(n) Definitions.--In this section: ``(1) The term `State' includes the District of Columbia, American Samoa, the Federated States of Micronesia, Guam, the Republic of the Marshall Islands, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Palau, and the Virgin Islands. ``(2) The term `unit of local government' means-- ``(A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; ``(B) an Indian tribe which performs law enforcement functions as determined by the Secretary of the Interior; or ``(C) any agency of the District of Columbia government or the United States Government performing law enforcement functions in and for the District of Columbia. ``(3) The term `law enforcement officer' means an individual involved in crime and juvenile delinquency control or reduction, or enforcement of the laws, including police, corrections, probation, parole, and judicial officers. ``(4) The term `high crime area' shall have such meaning as may be given the term by the Attorney General. ``(5) The term `private defense contractor' means a person that provides services, supplies, or both (including construction) to the Department of Defense under a contract directly with the Department. ``(o) Termination.--Members of the armed forces described in subsection (a) may not be selected to receive assisted training and employment as law enforcement officers pursuant to an agreement under subsection (c) after September 30, 1999.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new items: ``1152. Training and placement of involuntarily separated members as law enforcement officers.''. (c) Effective Date.--Section 1152 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1993.

Community Security Act of 1993 - Directs the Secretary of Defense to establish a program to assist members of the armed forces who are involuntarily separated from active duty after six or more years of continuous active duty to obtain training and employment as local government law enforcement officers. Directs the Secretary to enter into agreements under which a local government offers a member employment as a law enforcement officer and the Secretary pays the local government a specified portion of the officer's salary. Provides: (1) a priority for violent crime areas; (2) a training stipend to each participant; (3) reimbursement to the Secretary by a local government for nonperformance of duty; and (4) notification requirements.

Community Security Act of 1993

SECTION 1. ASSISTANCE FOR PUBLIC PARTICIPATION IN DEFENSE ENVIRONMENTAL RESTORATION ACTIVITIES. (a) Establishment of Restoration Advisory Boards.--Section 2705 of title 10, United States Code, is amended by adding after subsection (c) the following: ``(d) Restoration Advisory Board.--In lieu of establishing a technical review committee under subsection (c), the Secretary may permit the establishment of a restoration advisory board in connection with any installation (or group of nearby installations) where the Secretary is planning or implementing environmental restoration activities. The Secretary shall prescribe regulations regarding the characteristics, composition, and establishment of restoration advisory boards pursuant to this subsection. The Secretary shall provide for the payment of routine administrative expenses of a restoration advisory board from funds available for the operation and maintenance of the installation (or installations) for which the board is established.''. (b) Assistance for Citizen Participation on Technical Review Boards and Restoration Advisory Boards.--Such section is further amended by adding after subsection (d), as added by subsection (a), the following: ``(e) Assistance for Citizen Participation.--(1)(A) Subject to subparagraph (B), the Secretary shall make grants using amounts available under paragraph (5) to facilitate the participation of individuals from the private sector on technical review committees and restoration advisory boards for the purpose of ensuring public input into the planning and implementation of environmental restoration activities at installations where such committees and boards are in operation. Such grants shall be made through an appropriate trustee selected pursuant to regulations prescribed by the Secretary for that purpose. ``(B) A committee or advisory board for an installation is eligible for grants under this subsection only if the committee or board is composed of individuals from the private sector who reside in a community in the vicinity of the installation and who are not potentially responsible parties with respect to environmental hazards at the installation. ``(2) Individuals who are local community members of a technical review committee or restoration advisory board may use a grant awarded under this subsection only-- ``(A) to obtain technical assistance in interpreting scientific and engineering issues with regard to the nature of environmental hazards at an installation and the restoration activities proposed or conducted at the installation; and ``(B) to assist such members and affected citizens to participate more effectively in environmental restoration activities at the installation. ``(3) The members of a technical review committee or technical advisory board may, in the sole discretion of such members, employ technical or other experts. ``(4) The total amount of funds to be provided under this subsection in a fiscal year to a technical review committee or restoration advisory board established for a particular installation (or group of installations) may not exceed the lesser of-- ``(A) one tenth of one percent of the total cost of environmental restoration activities at the installation (or group of installations); or ``(B) $100,000. ``(5)(A) Subject to subparagraph (B), the Secretary shall make grants under this subsection using funds in the following accounts: ``(i) The Defense Environmental Restoration Account established in section 2703(a) of this title. ``(ii) In the case of a technical review committee or restoration advisory board established for a military installation to be closed or realigned, the Department of Defense Base Closure Account 1990 established under section 2906(a) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note). ``(B) The total amount of funds available for grants under this subsection for a fiscal year may not exceed the lesser of-- ``(i) one quarter of one percent of the appropriated funds available to the Secretary through the accounts referred to in subparagraph (A); or ``(ii) $7,500,000.''. (c) Involvement of Committees and Boards in Defense Environmental Restoration Program.--Such section is further amended by adding after subsection (e), as added by subsection (b), the following: ``(f) Involvement in Defense Environmental Restoration Program.--If a technical review committee or restoration advisory board is established with respect to an installation, the Secretary shall consult with and seek the advice of the committee or board on the following issues: ``(1) Identifying environmental restoration activities and projects at the installation. ``(2) Monitoring progress on these activities and projects. ``(3) Collecting information regarding restoration priorities for the installation. ``(4) Addressing land use, level of restoration, acceptable risk, and waste management and technology development issues related to environmental restoration at the installation. ``(5) Developing environmental restoration strategies for the installation.''. (d) Implementation Requirements.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall-- (1) prescribe the regulations required under subsections (d) and (e)(1) of title 10, United States Code, as added by this section; and (2) take appropriate actions to notify the public of the availability of technical assistance grants under subsection (e) of such section, as so added.

Authorizes the Secretary of Defense to establish a restoration advisory board in connection with any military installation at which environmental restoration activities are planned. Authorizes the Secretary to make grants to facilitate the participation of private individuals on technical review committees and restoration advisory boards in order to ensure public input into the planning and implementation of environmental restoration activities at installations where such committees and boards are in operation. Limits total grant amounts. Requires the Secretary to consult with, and seek the advice of, such committees and boards on specified issues related to such restoration activities.

A bill to amend title 10, United States Code, to authorize the Secretary of Defense to provide assistance to promote public participation in defense environmental restoration activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``East Timor Repatriation and Security Act of 2000''. SEC. 2. FINDINGS. The Congress finds the following: (1) An estimated 100,000 East Timorese refugees remain in West Timor, where they fled or were forcibly driven by militia and members of the armed forces of the Republic of Indonesia following the United Nations sponsored popular consultation of August 30, 1999, in which 78.5 percent of East Timor's population voted for independence from Indonesia. (2) Many of the East Timorese refugees in West Timor would like to return to East Timor but have been prevented from doing so by militia forces operating with the cooperation of Indonesian army elements. (3) Hundreds of the refugees in West Timor have died from preventable illnesses while many thousands continue to live in a state of danger, uncertainty and severe threats, including that of forced resettlement to other areas of Indonesia. (4) Elements of the Indonesian army have attempted to infiltrate armed militia members into East Timor, and reportedly have planned a militia invasion of East Timor. (5) Border attacks by militia groups remain a threat to peace and stability in the region and to international peacekeeping forces. (6) Much of East Timor's infrastructure was destroyed in the violence of 1999 and remains to be rebuilt. (7) An estimated 100,000 to 200,000 of East Timor's original population of less than 700,000 perished from the combined effects of Indonesia's occupation of East Timor before the violence of 1999. (8) Thousands of East Timorese were killed in violence perpetrated by Indonesian army elements and militia in 1999. (9) The prospects for justice for the victims of the violence of 1999 remain unclear. (10) An estimated 80 percent of East Timor's population remains unemployed and East Timor's Nobel Prize winning Catholic Bishop, Carlos Ximenes Belo, has made a plea on their behalf. (11) United States funds have been committed to efforts by the United Nations and the efforts of others to rebuild East Timor. (12) Communications and logistical units of the United States Armed Forces have formed part of the international peacekeeping forces that entered East Timor in 1999. (13) The reform government of Indonesia, led by President Abdurrahman Wahid and Vice President Megawati Sukarnoputri, has made good faith commitments to end Indonesian military support for militias and to establish a fair and transparent mechanism to bring to justice the perpetrators of gross human rights violations in East Timor and elsewhere, but the efforts of the elected leadership of Indonesia have thus far been resisted, and in some cases actively disobeyed, by elements in the military and in the bureaucracy. SEC. 3. SENSE OF THE CONGRESS. It is the sense of the Congress that the United States Government should utilize all diplomatic and economic means to press for-- (1) the safe repatriation to East Timor of all East Timorese in West Timor and elsewhere who wish to return to East Timor; (2) an end to border incidents and infiltration of militias and an end to any other violent actions by militias and the armed forces of the Republic of Indonesia against the people or territory of East Timor; (3) processes leading to justice for the victims of the 1999 violence in East Timor; (4) rapid reconstruction of East Timor, making maximum use of local personnel; and (5) a significant increase in employment for East Timorese in all internationally-sponsored reconstruction and United Nations efforts relating to East Timor. SEC. 4. PROHIBITION ON MILITARY RELATIONS AND ASSISTANCE TO THE ARMED FORCES OF INDONESIA. Notwithstanding any other provision of law, United States military relations with, and military assistance for, the armed forces of the Republic of Indonesia suspended by the President pursuant to the directive of the President issued on September 9, 1999, may not be resumed until the President determines and certifies to the Congress that the Government of Indonesia provides for the territorial integrity of East Timor, the security of refugees and the safety of the East Timor population, and has brought to justice those individuals who have committed murder, rape, torture, and other crimes against humanity in East Timor and elsewhere. SEC. 5. RECOGNITION OF UNITED STATES ARMED FORCES ASSISTING THE INTERNATIONAL PEACEKEEPING OPERATION IN EAST TIMOR. The Congress recognizes and salutes those members of the United States Armed Forces who have assisted the international peacekeeping operation in East Timor.

Prohibits resumption of U.S. military relations with, and military assistance for, the armed forces of the Republic of Indonesia suspended by the President on September 9, 1999, until the President certifies to Congress that the Government of Indonesia provides for: (1) the territorial integrity of East Timor; (2) the security of refugees and the safety of the East Timor population; and (3) has brought to justice those individuals who have committed murder, rape, torture, and other crimes against humanity in East Timor and elsewhere. Recognizes and salutes those members of the U.S. Armed Forces who have assisted the international peacekeeping operation in East Timor.

East Timor Repatriation and Security Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Professional Sports Integrity and Accountability Act''. SEC. 2. EFFECTIVE DATE. This Act shall take effect 1 year after the date of enactment of this Act. SEC. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Off-season.--The term ``off-season'' for each professional athlete means the period of time outside the professional sports season. (3) Professional athlete.--The term ``professional athlete'' means an individual who competes in a professional sports league. (4) Professional sports event.--The term ``professional sports event'' means any game, match, or competition conducted in the United States between any teams, clubs, or organizations of a professional sports league. (5) Professional sports league.--The term ``professional sports league'' means Major League Baseball, Minor League Baseball, the National Football League, the Arena Football League, the National Basketball Association, the Women's National Basketball Association, the National Hockey League, Major League Soccer, and any successor organization to those organizations. (6) Professional sports season.--The term ``professional sports season'' for each professional athlete means the period of time beginning on the date on which the athlete is eligible, invited, allowed, or required to report for practice or preparation to compete in a professional sports league and ending on the later of the date of the league's last regularly scheduled professional sports event or the date of the last professional sports event of the post-season in which the athlete is eligible, invited, allowed, or required to participate. (7) Protocol.--The term ``Protocol'' means the United States Anti-Doping Agency Protocol for Olympic Movement Testing and any successor to that protocol. SEC. 4. CONDUCT PROHIBITED. It is unlawful for a professional sports league to organize, sponsor, endorse, promote, produce, or recognize a professional sports event without adopting and enforcing a testing policy that meets the requirements of section 5. SEC. 5. MINIMUM DRUG POLICY IN PROFESSIONAL SPORTS. (a) Testing Policy Required.--Each professional sports league shall adopt and enforce policies and procedures to-- (1) proscribe the use of prohibited substances and methods by each professional athlete competing in the league; (2) test for the use of prohibited substances and methods by each professional athlete competing in the league; and (3) proscribe any person associated with the league from complicity in a violation by a professional athlete competing in the league. (b) Prohibited Substances and Methods.--At a minimum, the prohibited substances and methods are as follows: (1) Professional sports season.--During the professional sports season, all substances and methods in such amounts as prohibited in-competition by the Protocol, excluding substances or methods prohibited in a particular sport as defined by the Protocol. (2) Off-season.--During the off-season, all substances and methods in such amounts as prohibited out-of-competition by the Protocol, excluding substances or methods prohibited in a particular sport as defined by the Protocol. (3) Additional substances and methods.--Any other substances or methods or amounts of substances or methods determined by the Commission to be performance-enhancing substances or methods for which testing is reasonable and practicable. (c) Violations.-- (1) Professional athlete.--The following constitute violations of the testing policy under this section for a professional athlete: (A) The presence of a prohibited substance or its metabolites or markers in the bodily specimen of a professional athlete, or evidence of the use of a prohibited method. (B) Refusing, or failing without compelling justification, to submit to a test. The absence of an athlete from the United States shall not alone be a compelling justification under this subparagraph. (2) Any person.--The following constitute violations of the testing policy under this section for any person associated with a professional sports league: (A) The administration or attempted administration of a prohibited substance or method to any professional athlete. (B) Assisting, encouraging, aiding, abetting, covering up, or any other type of complicity involving a violation by a professional athlete. (d) Conduct of Tests.-- (1) Frequency, randomness, and advance notice.-- (A) In general.--Each professional athlete shall be tested for the use of prohibited substances and methods no less than 3 times in each calendar year that the athlete competes in a professional sports league. (B) Random.--Tests conducted under this subsection shall be conducted at random intervals throughout the entire calendar year with no advance notice to the professional athlete. (2) Administration and analysis.-- (A) In general.--Tests under this subsection shall be conducted by an independent entity not subject to the control of any professional sports league. (B) Methods, policies, and procedures.--The independent entity shall determine the methods, policies, and procedures of collection, transportation, and analysis of bodily specimens of professional athletes necessary to conduct tests for prohibited substances and methods and shall conduct such collection, transportation, and analysis. (C) Analysis.--Analysis of specimens shall be conducted in a laboratory that meets the requirements for approval by the United States Anti-Doping Agency and is located within the United States. (3) Substances.-- (A) In general.--Each professional athlete shall be tested for all prohibited substances and methods at the time of the administration of each test. (B) Limited exemption for medical or therapeutic use.--A professional sports league may provide an individual professional athlete with an exemption for a particular prohibited substance or method if such substance or method-- (i) has a legitimate and documented medical or therapeutic use; (ii) is for a documented medical condition of such athlete; and (iii) is properly prescribed by a doctor of medicine licensed in the United States. (e) Penalties.-- (1) Violation.--Subject to paragraph (3), a violation shall result in the following penalties: (A) First violation.--A person who commits a violation shall be immediately suspended from participation in any professional sports league without pay for a minimum of 2 years. (B) Second violation.--A person who commits a violation, having once previously committed a violation, shall be immediately permanently suspended without pay from participation in any professional sports league. (2) Disclosure.-- (A) After notice.--Not later than 10 days after receiving notice of a violation under this section, a professional sports league shall publicly disclose the name of the violator, the penalty imposed, and a description of the violation, including any prohibited substance or method involved. (B) Adjudication proceedings.--The league shall publicly disclose the results of any adjudication proceedings required by paragraph (3) within 10 days of notice of the termination of the proceedings. (3) Adjudication.-- (A) In general.--A professional sports league shall-- (i) provide a violator with prompt notice and a prompt hearing and right to appeal; and (ii) permit that violator to have counsel or other representative for the proceedings. (B) Violator suspended.--A violator subject to this paragraph shall be suspended without pay from participation in any professional sports league during the proceedings. (f) Records.-- (1) In general.--Each professional sports league shall maintain all documentation and records pertaining to the policies and procedures required by this section and make such documentation and records available to the Commission upon request. (2) Privacy.--With regards to any information provided to the Commission under this subsection, nothing in this Act shall be construed to require disclosure to the public of health information of an individual athlete that would not be subject to disclosure under other applicable Federal laws. SEC. 6. ENFORCEMENT. (a) Unfair or Deceptive Acts or Practices.--Except as provided in subsection (b), this Act shall be enforced by the Commission as if a violation of this Act or of any regulation promulgated by the Commission under this Act were a violation of section 18 of the Federal Trade Commission Act regarding unfair or deceptive acts or practices. (b) Enhanced Civil Penalties.--In addition to the penalties provided in subsection (a), the Commission may seek a civil penalty not to exceed $1,000,000 for each day a professional sports league is in violation of this Act. (c) Promulgation of Regulations.--The Commission may promulgate such regulations as necessary to enforce this Act as if the relevant provisions of the Federal Trade Commission Act were incorporated in this Act. (d) Delegation.--The Commission may delegate the administration of this Act or any part of this Act to any appropriate agency of the United States Government. SEC. 7. RULES OF CONSTRUCTION. (a) United States Anti-Doping Agency.--Nothing in this Act shall be construed to deem the United States Anti-Doping Agency an agent of or an actor on behalf of the United States Government or impose any requirements or place any limitations on the United States Anti-Doping Agency. (b) More Stringent Policies.--Nothing in this Act shall be construed to prohibit a professional sports league from adopting and enforcing policies and procedures more stringent than the requirements of this Act. SEC. 8. SENSE OF CONGRESS ON COORDINATION WITH THE UNITED STATES ANTI- DOPING AGENCY. It is the sense of Congress that-- (1) the United States Anti-Doping Agency is the Nation's leading expert on testing for and research on performance- enhancing substances and methods; and (2) professional sports leagues should consult with and follow the recommendations and standards of the Agency in developing their testing policies and procedures. SEC. 9. SENSE OF CONGRESS ON PROFESSIONAL SPORTS RECORDS. It is the sense of Congress that the individual records of athletes achieved while using performance-enhancing drugs should be invalidated. SEC. 10. SENSE OF CONGRESS ON OTHER PROFESSIONAL SPORTS ORGANIZATIONS. It is the sense of Congress that all professional sports organizations not covered by this Act should adopt testing policies that meet the requirements of the Act.

Professional Sports Integrity and Accountability Act - Prohibits a professional sports league from any involvement in a professional sports event without adopting and enforcing a testing policy for performance-enhancing drugs. Requires each such league to adopt policies and procedures that: (1) proscribe the use of prohibited substances and methods; (2) provide for random testing of each professional athlete at least three times a year; and (3) proscribe any person associated with the league from complicity in a violation by an athlete. Prohibits all substances and methods prohibited by the United States Anti-Doping Agency Protocol for Olympic Movement Testing and any other appropriate substance or method as determined by the Federal Trade Commission (FTC). Includes as a violations of the testing policy: (1) the presence of a prohibited substance or its metabolites or markers; (2) refusing to submit to a test; (3) administering or attempting to administer a prohibited substance or method to any athlete; and (4) assisting, encouraging, aiding, abetting, covering up, or any other type of complicity involving a violation by a professional athlete. Allows a league to provide an individual athlete with an exemption for a particular prohibited substance or method for a documented medical condition. Sets the penalties for the first violation at a minimum of two years suspension, permanent suspension for any subsequent violation, and public disclosure of the name of the violator and substance involved. Allows the FTC to seek civil penalties for violations of this Act. Expresses the sense of Congress that the individual records of athletes achieved while using performance-enhancing drugs should be invalidated.

A bill to provide for integrity and accountability in professional sports.