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SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Gun Safety Act of 2003''. SEC. 2. SUSPENSION OF CERTAIN ADMINISTRATIVE PROVISIONS DURING PERIODS OF HEIGHTENED THREAT CONDITION. Section 922 of title 18, United States Code, is amended-- (1) in subsection (s)(6), by adding at the end the following: ``(D)(i) Subparagraph (B)(i) shall not apply during any period in which the threat condition under the Homeland Security Advisory System is elevated, high, or severe. ``(ii) The provision under clause (i) shall remain in effect until the threat condition has been at the lowest level for 180 consecutive days.''; and (2) in subsection (t)-- (A) in paragraph (1)(B)(ii), by inserting ``subject to paragraph (7),'' before ``3 business days''; and (B) by adding at the end the following: ``(7)(A) Paragraphs (1)(B)(ii) and (2)(C) shall not apply during any period in which the threat condition under the Homeland Security Advisory System is elevated, high, or severe. ``(B) The provision under subparagraph (A) shall remain in effect until the threat condition has been at the lowest level for 180 consecutive days.''. SEC. 3. FIREARM STORAGE AND TRANSFER REQUIREMENTS. (a) Limitations on Handgun Sales.--Section 922(b) of title 18, United States Code, is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting a semicolon; and (3) by inserting after paragraph (5), the following: ``(6) any firearm to a qualified purchaser if the licensee knows, or has reasonable cause to believe, that-- ``(A) the purchaser intends to transfer the firearm to an individual who would otherwise be ineligible to purchase a firearm under this chapter; or ``(B) the gun will be used in the commission of a crime.''. (b) Reporting Requirement.--Section 922(s)(6)(C) of title 18, United States Code, is amended to read as follows: ``(C) If a chief law enforcement officer determines that a person is ineligible to receive a handgun, the officer shall-- ``(i) notify the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the person's attempt to purchase a firearm; and ``(ii) not later than 20 business days after a request from such person, provide the person with a written explanation of the reasons for such determination.''. (c) Multiple Handgun Sales.--Section 922 of title 18, United States Code, is amended by inserting after subsection (y) the following: ``(z) Prohibition Against Multiple Handgun Sales or Purchases.-- ``(1) Sales.--It shall be unlawful for any licensed dealer-- ``(A) during any 30-day period, to sell 2 or more handguns to an individual who is not licensed under section 923; or ``(B) to sell a handgun to an individual who-- ``(i) is not licensed under section 923; and ``(ii) purchased a handgun during the 30- day period ending on the date of the sale. ``(2) Purchases.--It shall be unlawful for any individual who is not licensed under section 923 to purchase 2 or more handguns during any 30-day period. ``(3) Exchanges.--Paragraph (1) does not apply to an exchange of 1 handgun for 1 handgun.''. (d) Security Standards for Storage and Display of Firearms.-- (1) Rulemaking authority.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall, by regulation, prescribe security standards, to prevent theft or other loss of firearms, for the storage and display of firearms by firearms dealers that are licensed under chapter 44 of title 18, United States Code. (2) Penalties for violation of standards.--If a licensed firearms dealer fails to comply with the standards prescribed pursuant to paragraph (1), the Attorney General-- (A) shall suspend the license of such dealer until the dealer is found to be in compliance with such standards; and (B) may assess a fine in accordance with section 3571 of title 18, United States Code. SEC. 4. LICENSING REQUIREMENTS. (a) Requirement of Licensees To Comply With Minimum Standards.-- Section 923(e) of title 18, United States Code, is amended by striking ``or fails'' and adding the following: ``, fails to comply with the requirements under subsection (d)(1), or fails''. (b) Unlimited Inspections.--Section 923(g)(1)(B) of title 18, United States Code, is amended by striking ``without such reasonable cause or war- rant--'' and all that follows and inserting ``at any time without such reasonable cause or warrant.''. (c) Secondhand Firearm Purchases; Criminal Background Checks.-- Section 923 of title 18, United States Code, is amended by adding at the end the following: ``(m)(1) A licensed importer, licensed dealer, or licensed collector shall, before purchasing a firearm from a person who is not licensed under this chapter, check the make, model, and serial number of the firearm against the Stolen Gun File of the National Crime Information Center. ``(2) If a record of the firearm under paragraph (1) is contained in the Stolen Gun File, the licensee who acquired such information shall immediately report the make, model, and serial number of the firearm of an unlicensed person and the name of the person who offered to sell the firearm to-- ``(A) the National Crime Information Center; ``(B) the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and ``(C) local law enforcement. ``(n)(1) Each licensee shall submit to the Attorney General the name and other identifying information of each responsible person or employee who will be authorized by the licensee to handle or possess firearms in the course of employment with the licensee. Upon the receipt of such information from the licensee, the Attorney General shall determine whether the responsible person or employee is described under section 922(d). ``(2) If the Attorney General determines that the responsible person or employee is not described under section 922(d), the Attorney General shall notify the licensee in writing or electronically of the determination and issue, to the responsible person or employee, a letter of clearance, which confirms the determination. ``(3) If the Attorney General determines that the responsible person or employee is described under section 922(d), the Attorney General shall notify the licensee in writing or electronically of the determination and issue to the responsible person or employee, as the case may be, a document that-- ``(A) confirms the determination; ``(B) explains the grounds for the determination; ``(C) provides information on how the disability may be relieved; and ``(D) explains how the determination may be appealed.''. SEC. 5. PENALTIES. (a) Enhanced Penalties.--Section 924(a) of title 18, United States Code, is amended-- (1) in paragraph (2), by striking ``or (o)'' and inserting ``(o), or (z)''; (2) in paragraph (3), by striking ``one year'' and inserting ``5 years''; and (3) in paragraph (6)(B)(i), by striking ``1 year'' and inserting ``5 years''. (b) Mandatory Suspension of License When Licensee Charged With Crime.--Section 924 of title 18, United States Code, is amended by adding at the end the following: ``(p) A license issued to a person under this chapter shall be suspended when the licensee is charged with a violation of this chapter. Such suspension shall continue until-- ``(1) the licensee is convicted of the violation, at which time the license shall be revoked; or ``(2) the licensee is acquitted, at which time the license shall be restored.''. (c) Penalty for Failure To Report Missing Firearms.--Section 924 of title 18, United States Code, as amended by subsection (b), is further amended by adding at the end the following: ``(q)(1) A person who violates section 923(g)(6), or makes a false statement relating to firearms, shall, immediately upon discovery by the Attorney General of such conduct, have any license issued under this chapter immediately suspended for not less than 48 hours. A suspension under this subsection shall not terminate until the Attorney General completes an investigation of the conduct that necessitated such suspension. ``(2) A dealer, importer, manufacturer, or collector licensed under this chapter who violates section 923(g), or knowingly makes a false statement in connection with the firearms of such licensee, may be fined under this title and imprisoned not more than 5 years.''. SEC. 6. EXPLOSIVE MATERIALS. Section 845(a)(5) of title 18, United States Code, is amended by striking ``fifty pounds'' and inserting ``5 pounds''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for fiscal year 2004-- (1) $50,000,000 to hire not less than 500 new inspectors within the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice; and (2) $100,000,000 to hire not less than 1000 new agents within the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice.

Homeland Security Gun Safety Act of 2003 - Amends the Brady Handgun Violence Prevention Act to make certain requirements with respect to the destruction of records of firearms transfers inapplicable during periods in which the Homeland Security Advisory System threat condition is elevated, high, or severe.Prohibits a licensed dealer from selling or delivering a firearm to a qualified purchaser if the dealer has reasonable cause to believe that: (1) the purchaser intends to transfer the firearm to an ineligible individual; or (2) the gun will be used in a crime.Requires a chief law enforcement officer who determines that a person is ineligible to receive a handgun to notify the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) of the person's attempt to purchase a firearm.Prohibits the sale to, or purchase by, an unlicensed individual of two or more handguns during any 30-day period.Directs the Attorney General to prescribe security standards for the storage and display of firearms by licensed firearms dealers to prevent theft or other loss.Authorizes inspections of the inventory and records of a licensed importer, manufacturer, or dealer at any time without reasonable cause or warrant.Requires a licensed importer, dealer, or collector, before purchasing a firearm from an unlicensed person, to check the firearm against the Stolen Gun File of the National Crime Information Center.Increases penalties for specified violations. Provides for: (1) mandatory license suspension when the licensee is charged with a crime; and (2) license suspension for at least 48 hours for failure to report a missing firearm.Reduces from 50 pounds to five pounds of commercially manufactured black powder the threshold amount covered by certain explosives provisions.Authorizes appropriations to hire new BATFE inspectors and agents.

A bill to enhance the security and safety of the Nation by increasing the time allowed to track terrorists during periods of elevated alert, closing loopholes that have allowed terrorists to acquire firearms, maintaining records of certain handgun transfers during periods of heightened terrorist risk, and for other purposes.

SECTION 1. STANDARDS FOR CERTAIN FURNACES. Section 325(f)(4) of the Energy Policy and Conservation Act (42 U.S.C. 6295(f)(4)) is amended by adding at the end the following: ``(E) Restriction on final rule for residential non-weatherized gas furnaces and mobile home furnaces.-- ``(i) In general.--Notwithstanding any other provision of this Act, the Secretary shall not prescribe a final rule amending the efficiency standards for residential non- weatherized gas furnaces or mobile home furnaces until each of the following has occurred: ``(I) The Secretary convenes a representative advisory group of interested stakeholders, including the manufacturers, distributors, and contractors of residential non- weatherized gas furnaces and mobile home furnaces, home builders, building owners, energy efficiency advocates, natural gas utilities, electric utilities, and consumer groups. ``(II) Not later than 1 year after the date of enactment of this subparagraph, the advisory group described in subclause (I) completes an analysis of a nationwide requirement of a condensing furnace efficiency standard including-- ``(aa) a complete analysis of current market trends regarding the transition of sales from non-condensing furnaces to condensing furnaces; ``(bb) the projected net loss in the industry of the present value of original equipment manufacturers after adoption of the standard; ``(cc) the projected consumer payback period and life cycle cost savings after adoption of the standard; ``(dd) a determination of whether the standard is economically justified, based solely on the definition of energy under section 321); and ``(ee) other common economic principles. ``(III) The advisory group described in subclause (I) reviews the analysis and determines whether a nationwide requirement of a condensing furnace efficiency standard is technically feasible and economically justified. ``(IV) The final determination of the advisory group under subclause (III) is published in the Federal Register. ``(ii) Amended standards.--If the advisory group determines under clause (i)(III) that a nationwide requirement of a condensing furnace efficiency standard is not technically feasible and economically justified, the Secretary shall, not later than 180 days after the date on which the final determination of the advisory group is published in the Federal Register under clause (i)(IV), establish amended standards through the negotiated rulemaking procedure provided for under subchapter III of chapter 5 of title 5, United States Code (commonly known as the `Negotiated Rulemaking Act of 1990').''.

This bill amends the Energy Policy and Conservation Act to prohibit the Department of Energy (DOE) from prescribing a final rule amending the efficiency standards for residential non-weatherized gas furnaces or mobile home furnaces until each of the following has occurred: DOE convenes a representative advisory group of interested stakeholders, the advisory group completes an analysis of a nationwide requirement of a condensing furnace efficiency standard, the advisory group determines whether that standard is technically feasible and economically justified, and the determination is published in the Federal Register. If the advisory group determines that the standard is not technically feasible and economically justified, DOE must establish amended standards through the negotiated rulemaking procedure provided for under the Negotiated Rulemaking Act of 1990.

A bill to amend the Energy Policy and Conservation Act to prohibit the Secretary of Energy from prescribing a final rule amending the efficiency standards for residential non-weatherized gas furnaces or mobile home furnaces until an analysis has been completed, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Mortgage Insurance Consumer Protection Act''. SEC. 2. NOTIFICATION OF CANCELLATION RIGHTS FOR PRIVATE MORTGAGE INSURANCE. (a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by inserting after section 125 the following new section: ``SEC. 126. NOTIFICATION OF CANCELLATION RIGHTS FOR PRIVATE MORTGAGE INSURANCE. ``(a) Notice of Right or Lack of Right To Cancel.--If a consumer is required to obtain and maintain private mortgage insurance as a condition for entering into a residential mortgage transaction, the creditor shall disclose, in writing at the time the transaction is entered into, whether or not the private mortgage insurance may be canceled by the consumer at any time while the mortgage is outstanding. ``(b) Information Required To Be Disclosed if Insurance Is Cancelable.--If private mortgage insurance is required for a residential mortgage transaction and may be canceled by the consumer at any time while the mortgage is outstanding, the creditor shall disclose in writing the following information at the time the transaction is entered into: ``(1) Identifying information.--Such information as may be necessary to permit the consumer to communicate with the creditor, any subsequent servicer of the mortgage, or the issuer of the private mortgage insurance concerning the insurance. ``(2) Conditions on cancellation.--Any condition required to be met before the private mortgage insurance may be canceled by the consumer, including the following: ``(A) If a condition for canceling the private mortgage insurance is based on a minimum ratio between the principal on the loan remaining outstanding and either the original or the current value of the property securing the loan, such ratio. ``(B) Information relating to any requirement for an appraisal of the property as a condition for the cancellation of the insurance. ``(C) Information relating to the time required for canceling the insurance. ``(3) Cancellation procedures.--The procedures required to be followed by the consumer in canceling the private mortgage insurance. ``(c) Information Required To Be Disclosed With Each Periodic Statement.--If a consumer is required to obtain and maintain private mortgage insurance as a condition for entering into a residential mortgage transaction, the person servicing the mortgage shall include in or with each written statement of account provided to the consumer after December 31, 1995, while such insurance is in effect, but not less than annually-- ``(1) the information required to be disclosed under subsection (b); or ``(2) a clear and conspicuous written statement containing-- ``(A) a statement that the consumer may be able to cancel the private mortgage insurance (if such is the case); and ``(B) an address and telephone number which the consumer may use to contact the creditor or the person servicing the mortgage to determine whether the consumer has the right to cancel the private mortgage insurance and, if so, the conditions and procedures for canceling such insurance. ``(d) Notices Furnished Without Cost to the Consumer.--No fee or other cost may be imposed on any consumer with respect to the provision of any notice or information to the consumer pursuant to this section. ``(e) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Mortgage insurance.--The term `mortgage insurance' means insurance, including any mortgage guaranty insurance, against the nonpayment of, or default on, a mortgage or loan involved in a residential mortgage transaction. ``(2) Private mortgage insurance.--The term `private mortgage insurance' means mortgage insurance other than mortgage insurance made available under the National Housing Act, title 38 of the United States Code, or title V of the National Housing Act of 1949.''. (b) Amendment Relating to Liability for Violations.--Section 130(a) of the Truth in Lending Act (15 U.S.C. 1640(a)) is amended by adding at the end the following new sentence: ``In the case of any failure make any disclosure required under section 126, paragraph (1) shall be applied by substituting `3 times the amount of any actual damage' for `any actual damage'. (c) Scope of Applicability.--The amendments made by subsections (a) and (b) shall apply with respect to residential mortgage transactions entered into after the date of the enactment of this Act. (d) Clerical Amendment.--The table of sections for chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by striking the item relating to section 126 and inserting the following new item: ``126. Notification of cancellation rights for private mortgage insurance.''.

Private Mortgage Insurance Consumer Protection Act - Amends the Truth in Lending Act to prescribe guidelines under which a creditor must notify a consumer in writing of any cancellation rights with respect to private mortgage insurance if the consumer was required to obtain such insurance as a condition for entering into a residential mortgage transaction. Prohibits the imposition of any fee or cost to the consumer for such notification.

Private Mortgage Insurance Consumer Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Worksite Child Care Development Center Act of 1998''. SEC. 2. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES FOR CHILD CARE ASSISTANCE. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45D. EMPLOYER-PROVIDED CHILD CARE CREDIT. ``(a) In General.--For purposes of section 38, the employer- provided child care credit determined under this section for the taxable year is an amount equal to the sum of-- ``(1) 50 percent of the qualified child care facility start-up expenses, ``(2) 50 percent of the qualified child care facility expenses, and ``(3) 50 percent of the qualified child care expenses, of the taxpayer during the taxable year. ``(b) Dollar Limitations.-- ``(1) Qualified child care facility start-up expenses.--The total amount of the credit determined under subsection (a)(1) for all taxable years shall not exceed $100,000. ``(2) Qualified child care facility expenses.--The amount of the credit determined under subsection (a)(2) for any taxable year shall not exceed $25,000. ``(3) Qualified child care expenses.--The amount of the credit determined under subsection (a)(3) for any taxable year shall not exceed $50,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified child care expenses.-- ``(A) In general.--The term `qualified child care expenses' means any amount paid or incurred to reimburse an employee for expenses for child care which enables the employee to be gainfully employed including expenses related to-- ``(i) day care and before and after school care, ``(ii) transportation associated with such care, and ``(iii) before and after school and holiday programs including educational and recreational programs and camp programs. ``(B) Fair market value.--The term `qualified child care expenses' shall not include expenses in excess of the fair market value of such care. ``(2) Qualified child care facility.-- ``(A) In general.--The term `qualified child care facility' means a facility-- ``(i) the principal use of which is to provide child care assistance to dependents of employees, and ``(ii) which meets the requirements of all applicable laws and regulations of the State or local government in which it is located, including, but not limited to, the licensing of the facility as a child care facility or back- up child care facility providing daily care for dependents who are mildly ill or need temporary care for other reasons that disrupt the normal care arrangements of employees. Clause (i) shall not apply to a facility which is the principal residence (within the meaning of section 1034) of the operator of the facility. ``(B) Special rules with respect to a taxpayer.--A facility shall not be treated as a qualified child care facility with respect to a taxpayer unless-- ``(i) enrollment in the facility is open to employees of the taxpayer during the taxable year, ``(ii) the facility is not the principal trade or business of the taxpayer, and ``(iii) the use of such facility (or the eligibility to use such facility) does not discriminate in favor of employees of the taxpayer who are highly compensated employees (within the meaning of section 414(q)). ``(C) Child care facilities sponsored by more than one taxpayer.--A facility that is sponsored by more than 1 taxpayer shall be treated as a qualified child care facility if it meets the requirements of this paragraph. ``(3) Qualified child care facility expenses.--The term `qualified child care facility expenses' means any amount paid or incurred-- ``(A) for the operating costs of a qualified child care facility of the taxpayer, ``(B) under a contract with a qualified child care facility to provide child care services to employees of the taxpayer, or ``(C) under a contract to provide child care resource and referral coordination services to employees of the taxpayer. ``(4) Qualified child care facility start-up expenses.--The term `qualified child care facility start-up expenses' means any amount paid or incurred-- ``(A) to acquire, construct, rehabilitate, or expand property-- ``(i) which is to be used as part of a qualified child care facility of the taxpayer, ``(ii) with respect to which a deduction for depreciation (or amortization in lieu of depreciation) is allowable, and ``(iii) which does not constitute part of the principal residence (within the meaning of section 1034) of the taxpayer or any employee of the taxpayer, or ``(B) to acquire equipment and supplies necessary for the operation of a qualified child care facility. ``(d) Child Care Facilities Sponsored by More Than One Taxpayer.-- In the case of a qualified child care facility that is sponsored by more than 1 taxpayer, the credit determined under paragraphs (1) and (2) of subsection (a) for each taxpayer for any taxable year may be apportioned among the taxpayers in any manner determined by the taxpayers. ``(e) Recapture of Acquisition and Construction Credit.-- ``(1) In general.--If, as of the close of any taxable year, there is a recapture event with respect to any qualified child care facility of the taxpayer, then the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the product of-- ``(A) the applicable recapture percentage, and ``(B) the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted if the qualified child care facility expenses of the taxpayer described in subsection (c)(4) with respect to such facility had been zero. ``(2) Applicable recapture percentage.-- ``(A) In general.--For purposes of this subsection, the applicable recapture percentage shall be determined from the following table: The applicable recapture ``If the recapture event occurs in: percentage is: Years 1-3............................ 100 Year 4............................... 90 Year 5............................... 80 Year 6............................... 70 Year 7............................... 60 Year 8............................... 50 Year 9............................... 40 Year 10 and thereafter............... 0. ``(B) Years.--For purposes of subparagraph (A), year 1 shall begin on the first day of the taxable year in which the qualified child care facility is placed in service by the taxpayer. ``(3) Recapture event defined.--For purposes of this subsection, the term `recapture event' means-- ``(A) Cessation of operation.--The cessation of the operation of the facility as a qualified child care facility. ``(B) Change in ownership.-- ``(i) In general.--Except as provided in clause (ii), the disposition of a taxpayer's interest in a qualified child care facility with respect to which the credit described in subsection (a) was allowable. ``(ii) Agreement to assume recapture liability.--Clause (i) shall not apply if the person acquiring such interest in the facility agrees in writing to assume the recapture liability of the person disposing of such interest in effect immediately before such disposition. In the event of such an assumption, the person acquiring the interest in the facility shall be treated as the taxpayer for purposes of assessing any recapture liability (computed as if there had been no change in ownership). ``(4) Special rules.-- ``(A) Tax benefit rule.--The tax for the taxable year shall be increased under paragraph (1) only with respect to credits allowed by reason of this section which were used to reduce tax liability. In the case of credits not so used to reduce tax liability, the carryforwards and carrybacks under section 39 shall be appropriately adjusted. ``(B) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under subpart A, B, or D of this part. ``(C) No recapture by reason of casualty loss.--The increase in tax under this subsection shall not apply to a cessation of operation of the facility as a qualified child care facility by reason of a casualty loss to the extent such loss is restored by reconstruction or replacement within a reasonable period established by the Secretary. ``(f) Special Rules.--For purposes of this section-- ``(1) Aggregation rules.--All persons which are treated as a single employer under subsections (a) and (b) of section 52 shall be treated as a single taxpayer. ``(2) Pass-thru in the case of estates and trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(3) Allocation in the case of partnerships.--In the case of partnerships, the credit shall be allocated among partners under regulations prescribed by the Secretary. ``(g) No Double Benefit.-- ``(1) Reduction in basis.--For purposes of this subtitle-- ``(A) In general.--If a credit is determined under this section with respect to any property by reason of expenditures described in subsection (c)(4), the basis of such property shall be reduced by the amount of the credit so determined. ``(B) Certain dispositions.--If during any taxable year there is a recapture amount determined with respect to any property the basis of which was reduced under subparagraph (A), the basis of such property (immediately before the event resulting in such recapture) shall be increased by an amount equal to such recapture amount. For purposes of the preceding sentence, the term `recapture amount' means any increase in tax (or adjustment in carrybacks or carryovers) determined under subsection (e). ``(2) Other deductions and credits.--No deduction or credit shall be allowed under any other provision of this chapter with respect to the amount of the credit determined under this section. ``(h) Termination.--This section shall not apply to taxable years beginning after December 31, 2008.'' (b) Conforming Amendments.-- (1) Section 38(b) of the Internal Revenue Code of 1986 is amended-- (A) by striking out ``plus'' at the end of paragraph (11), (B) by striking out the period at the end of paragraph (12), and inserting a comma and ``plus'', and (C) by adding at the end the following new paragraph: ``(13) the employer-provided child care credit determined under section 45D.'' (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 45D. Employer-provided child care credit.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998.

Worksite Child Care Development Center Act of 1998 - Amends the Internal Revenue Code to provide a limited tax credit for employers who provide child care assistance for dependents of their employees. Terminates such credit for taxable years beginning after December 31, 2008.

Worksite Child Care Development Center Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Radon in Schools Act''. SEC. 2. ESTABLISHMENT OF GRANT PROGRAM. (a) In General.--Subject to the availability of appropriations to carry out this Act, not later than 1 year after the date that Federal funds are first appropriated for this Act, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Education, shall establish a program under which the Administrator may award grants to States to conduct short-term radon testing to identify and mitigate unsafe radon levels in public schools. (b) Guidelines.--Not later than 1 year after the date of enactment of this Act, the Administrator shall review, update, revise, and publish the Radon Measurements In Schools Guidelines with current information and guidance on radon testing in a public school. SEC. 3. GRANT AWARDS. In carrying out the program under this Act, the Administrator shall-- (1) provide a grant award for each State selected to receive a grant under this Act to complete the testing under section 5(b); (2) in the case of a State that submits a report and is required to conduct mitigation under section 5(c)(1)-- (A) provide an additional grant award for the State to conduct such mitigation under such subparagraph (A) of such section; or (B) conduct such mitigation under subparagraph (B) of such section; and (3) in the case of a State that submits a report and is required to conduct reevaluation under section 5(d), provide an additional grant award for the State to complete the reevaluation. SEC. 4. APPLICATION; PRIORITY. (a) Application.--To be eligible to receive a grant under this Act, a State shall submit an application to the Administrator in such manner, at such time, and containing such information as the Administrator may require, including a certification that the grant funds will be used to-- (1) test the radon levels in public schools pursuant to section 5(b); and (2) mitigate the effects of unsafe radon levels in public schools pursuant to section 5(c), determined by the test under paragraph (1). (b) Priority.--In awarding grants to States under this Act, the Administrator shall-- (1) determine the priority of grant awards by ranking each State that submits an application in relation to each other such State; and (2) in ranking States under paragraph (1)-- (A) assign highest priority to a State with 100 percent of such State's landmass in Radon Zone 1; (B) in a case in which multiple States have 100 percent of such States' landmasses in Radon Zone 1, assign priority among such States at the Administrator's discretion; (C) assign second highest priority to a State with at least 50 percent of such State's landmass in Radon Zone 1; (D) in a case in which multiple States have at least 50 percent of such States' landmasses in Radon Zone 1, assign priority among such States at the Administrator's discretion; and (E) in a case in which a State has less than 50 percent of such State's landmass in Radon Zone 1, assign priority to such State at the Administrator's discretion. SEC. 5. USE OF FUNDS. (a) In General.--A State that receives a grant under this Act shall-- (1) follow the Radon Measurements In Schools Guidelines updated pursuant to section 2(b); (2) test radon levels in each public school pursuant to subsection (b); (3) if necessary, mitigate unsafe radon levels pursuant to subsection (c); and (4) if necessary, reevaluate mitigation pursuant to subsection (d). (b) Testing.--A State that receives a grant under this Act shall-- (1) conduct testing in each public school in such State consistent with the Administrator's Radon Measurements In Schools Guidelines updated pursuant to section 2(b); (2) submit a report to the Administrator-- (A) describing the results of each test conducted pursuant to paragraph (1); and (B) if necessary, estimating the funds necessary to conduct an additional short-term test under paragraph (3); and (3) in the case of a school that should have additional testing, according to initial testing conducted under paragraph (1), conduct such follow-up testing consistent with the Administrator's Radon Measurements In Schools Guidelines updated pursuant to section 2(b). (c) Mitigation.-- (1) In general.--In the case of a public school at which testing conducted under paragraphs (1) and (3) of subsection (b) met the recommendations for mitigation in the Administrator's Radon Measurements In Schools Guidelines updated pursuant to section 2(b)-- (A) if the State's report under paragraph (2) includes the certification described in paragraph (2)(A), the State shall mitigate the radon level at the public school by providing funds to the local educational agency serving such school to enable the agency to carry out the mitigation described in paragraph (3); or (B) if the State's report under paragraph (2) does not include such certification, the Administrator shall carry out the mitigation described in paragraph (3), directly or by contract funded under this grant program. (2) Certification; reporting.--A State that receives a grant under this Act shall-- (A) if necessary, seek certification from each local educational agency that serves each public school described in paragraph (1) that such agency will, if provided funding pursuant to section 3(2)(A), complete the actions described in paragraph (3); and (B) submit a report to the Administrator that-- (i) in the case in which a local educational agency provides certification to the State under subparagraph (A), includes such certification; (ii) describes the results of each test at such public school conducted under subsection (b); and (iii) if necessary, estimates the funds necessary to conduct mitigation at such public school pursuant to paragraph (3). (3) Mitigation requirements.--In mitigating the radon levels at public schools, the Administrator or a local educational agency, as appropriate, shall-- (A) work with a qualified radon mitigation professional to determine the most effective way to mitigate the radon at the public school; (B) create a mitigation plan within 3 months after the completion of the testing under subsection (b); (C) designate a mitigation unit and implement the mitigation plan under subparagraph (B) within one year after completion of the testing under subsection (b); (D) conduct a short-term test not less than once every two years; and (E) if necessary, conduct the reevaluation under subsection (d). (d) Reevaluation.--If the follow-up testing under subsection (c)(3)(D) conducted after the mitigation plan is implemented results in a radon level that is still meeting the recommendations for mitigation in the Administrator's Radon Measurements In Schools Guidelines updated pursuant to section 2(b), the local educational agency that serves the school shall-- (1) reevaluate the mitigation plan under subsection (c)(3)(B) in consultation with a qualified radon mitigation professional; (2) create an alternative mitigation plan to replace the mitigation plan; (3) submit a report to the Administrator-- (A) describing the results of such annual test; and (B) estimating the funds necessary to conduct reevaluation under this subsection; and (4) direct the mitigation unit to implement an alternative mitigation plan under subsection (c)(3) within 6 months after the date of the follow-up test. SEC. 6. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Local educational agency.--The term ``local educational agency'' has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Mitigation plan.--The term ``mitigation plan'' means the plan to mitigate radon created by the qualified radon mitigation professional in consultation with the local educational agency under section 5(c)(3)(B). (4) Mitigation unit.--The term ``mitigation unit'' means the individuals designated under section 5(c)(3)(C) by the local educational agency to implement the mitigation plan. (5) Public school.--The term ``public school'' has the meaning given that term in section 5145 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7217d). (6) Qualified radon mitigation professional.--The term ``qualified radon mitigation professional'' means an individual-- (A) licensed, certified, registered, or qualified by a State radon program to mitigate radon; (B) certified by a national radon professional organization; or (C) approved by the Administrator to mitigate radon. (7) Radon measurements in schools guidelines.--The term ``Radon Measurements In Schools Guidelines'' means the report entitled ``Radon Measurements In Schools'' produced by the Administrator in July 1993, describing current information and guidance on radon testing in a public school. (8) Radon zone 1.--The term ``Radon Zone 1'' means those areas with a predicted average indoor radon screening level greater than 4 picocuries per liter. (9) Secretary.--The term ``Secretary'' means the Secretary of Education. (10) Short-term test.--The term ``short-term test'' means a test approved by the Administrator in which a testing device remains in an area for not less than 2 days and not more than 90 days to determine the amount of radon in the air that is acceptable for human inhalation. (11) State.--The term ``State'' means each of the several States of the United States and the District of Columbia.

End Radon in Schools Act - Directs the Administrator of the Environmental Protection Agency (EPA) to review, update, revise, and publish the Radon Measurements In Schools Guidelines with current information and guidance on radon testing in public elementary and secondary schools. Directs the Administrator, subject to the availability of appropriations, to award grants to states to: (1) follow the updated Guidelines, (2) test radon levels in their public elementary and secondary schools, and (3) provide funds to their local educational agencies (LEAs) to mitigate and re-test radon levels in schools found to have radon levels that the updated Guidelines deem unsafe. Requires the Administrator to conduct such mitigation directly or by contract if an LEA does not certify to its state that it will use grant funds to mitigate unsafe radon levels at its schools. Gives highest grant priority to states whose total landmass lies in Radon Zone 1 and second highest priority to states with at least 50% of their landmass in Radon Zone 1. Defines "Radon Zone 1" as areas that have a predicted average indoor radon screening level greater than four picocuries per liter.

End Radon in Schools Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Infectious Disease Hospital Hubs Act''. SEC. 2. PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 319C-2 the following: ``SEC. 319C-3. TREATMENT OF INDIVIDUALS WITH EBOLA OR OTHER INFECTIOUS DISEASES. ``(a) In General.--If the Secretary determines that there is an emergency, or significant potential for an emergency, that involves a specific infectious disease, the Secretary, after consultation with appropriate public health officials, may award grants under subsection (b) to prepare for such emergency or potential emergency and grants to provide compensatory awards under subsection (c), as may be appropriate. ``(b) Grants for Surge Capacity and To Enhance Community and Hospital Preparedness.-- ``(1) In general.--The Secretary may award grants to States to enable such States to improve surge capacity and enhance community and hospital preparedness for an emergency involving a specified infectious disease. ``(2) Eligibility.--To be eligible for an award under this subsection, a State shall-- ``(A) designate, in consultation with the Centers for Disease Control and Prevention and lead health officials of the State, one or more hospitals that volunteer to treat individuals with a specified infectious disease; and ``(B) submit an application at such time, in such manner, and containing such information as the Secretary may require, including an assurance that the State will adhere to any applicable guidelines established by the Secretary. ``(3) Use of funds.--An award under this subsection shall be expended for any of the following activities needed to treat individuals with a specified infectious disease: ``(A) Renovating, constructing, or retrofitting a hospital or building. ``(B) Purchasing mobile specialized infectious disease isolation units and equipment. ``(C) Acquiring personal protective equipment to be used by health care workers during management of patients. ``(D) Hiring additional staff as necessary to replace staff assigned to treat individuals with a specified infectious disease. ``(E) Overtime of existing staff for treatment of individuals with a specified infectious disease. ``(F) Handling, transporting, and disposing of waste related to the specialized treatment of a specified infectious disease. ``(G) Covering direct and indirect costs associated with treatment of a specified infectious disease. ``(H) Training health care professionals and other hospital staff, as appropriate, regarding-- ``(i) procedures and protocols with respect to a specified infectious disease; ``(ii) appropriate use of personal protective equipment; ``(iii) screening questions, triage techniques, and health information technology related to an infectious disease, such as Ebola; ``(iv) identification, testing, and specimen collection and transport procedures with respect to a specified infectious disease; ``(v) isolation and quarantine procedures; ``(vi) cleaning and disinfection protocols; ``(vii) handling, transporting, and disposing of waste related to the specialized treatment of a specified infectious disease; or ``(viii) handling of human remains of patients with a specified infectious disease. ``(4) Technical assistance.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, the Assistant Secretary for Preparedness and Response, or other heads of agencies of the Department of Health and Human Services, may provide to States awarded grants under this subsection technical assistance on-- ``(A) procedures and protocols with respect to a specified infectious disease; ``(B) appropriate use of personal protective equipment; ``(C) screening questions, triage techniques, and health information technology related to an infectious disease, such as Ebola; ``(D) identification, testing, and specimen collection and transport procedures with respect to a specified infectious disease; ``(E) isolation and quarantine procedures; ``(F) cleaning and disinfection protocols; ``(G) handling, transport, and disposal of waste related to the specialized treatment of a specified infectious disease; or ``(H) handling of human remains of patients with a specified infectious disease. ``(c) Grants for Distribution of Compensatory Awards.-- ``(1) In general.--The Secretary may award additional grants to States that receive a grant under subsection (b) for the purpose of distributing compensatory awards to any hospital within the State that has been designated under subsection (b)(2)(A) and has treated an individual with a specified infectious disease. ``(2) Use of funds.--A grant awarded under this subsection shall be distributed to any hospital described in paragraph (1) in order to compensate such hospital for-- ``(A) documented costs associated with the specialized treatment of an individual with a specified infectious disease, except such compensation may not be provided for the cost of any treatment, payment for which has been made, or can reasonably be expected to be made, under any State compensation program, under an insurance policy, under any Federal or State health benefits program, or by an entity that provides health services on prepaid basis; or ``(B) damages for lost business activity or lost services directly attributable to the specialized treatment of a specific infectious disease, provided that such damages are supported by a reasonably accurate measurement or estimate, including appropriate documentation supporting the claim. ``(d) Definitions.--In this section-- ``(1) the term `infectious disease' means a disease that the Secretary determines to be infectious and to require isolation and specialized treatment; and ``(2) the term `specified infectious disease' means an infectious disease with respect to which the Secretary determines under subsection (a) there is an emergency or a significant potential for an emergency. ``(e) Use of Grant Funds.--A State receiving funds under subsection (b) or (c) shall expend such funds solely for any of the purposes described in paragraphs (3) and (4) of subsection (b) or solely for disbursement to hospitals under subsection (c)(2), as applicable. Any funds not so expended or disbursed within 90 days of receipt of such funds shall be returned to the Secretary and shall remain available for the purpose of carrying out this section. ``(f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $125,000,000 for the period of fiscal years 2015 through 2019, to remain available until expended.''.

Infectious Disease Hospital Hubs Act - Amends the Public Health Service Act to allow the Secretary of Health and Human Services (HHS), in an emergency or significant potential emergency which involves a specific infectious disease that requires the isolation and specialized treatment of patients, to award grants to states to improve surge capacity at hospitals designated by the state and enhance community and hospital preparedness. Allows HHS to award additional grants to compensate designated hospitals for unreimbursed costs for treating infectious disease patients or for damages for lost business activity or lost services attributable to the treatment of those patients.

Infectious Disease Hospital Hubs Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Domestic Employment Tax Simplification Act of 1993''. SEC. 2. INCREASE IN MINIMUM AMOUNT OF CASH REMUNERATION FOR DOMESTIC SERVICES SUBJECT TO SOCIAL SECURITY EMPLOYMENT TAXES. (a) Determination of Wages under the Social Security Act.-- Subparagraph (B) of section 209(a)(6) of the Social Security Act is amended to read as follows: ``(B)(i) Cash remuneration paid by an employer in any calendar year to an employee for domestic service in a private home of the employer, if the cash remuneration paid in such year by the employer to the employee for such service is less than the minimum assessed wages determined under this subparagraph for such year. ``(ii) The minimum assessed wages for 1993 shall be the product of $200 and the ratio of the average of the total wages (as defined in regulations of the Secretary and computed without regard to the limitations specified in section 209(a)(1)) for 1992 to the average of the total wages (as so defined) for 1950, with such product, if not a multiple of $10, being rounded to the next higher multiple of $10 where such amount is a multiple of $5 but not of $10 and to the nearest multiple of $10 in any other case. ``(iii) The Secretary shall, on or after November 1 of 1993 and of every year thereafter, determine and publish in the Federal Register the minimum assessed wages for the succeeding calendar year. The amount of such minimum assessed wages shall be the larger of-- ``(I) the amount in effect for the calendar year in which the determination under this clause is made, or ``(II) the product of the minimum assessed wages for 1993 and the ratio of the deemed average total wages (as defined in section 209(k)(1)) for the calendar year before the year in which the determination under this clause is made to the deemed average total wages (as so defined) for 1991, with such product, if not a multiple of $10, being rounded to the next higher multiple of $10 where such amount is a multiple of $5 but not of $10 and to the nearest multiple of $10 in any other case. ``(iv) As used in this subparagraph, the term `domestic service in a private home of the employer' does not include service described in section 210(f)(5).''. (b) Determination of Wages Under the Internal Revenue Code of 1986.-- (1) In general.--Subparagraph (B) of section 3121(a)(7) of the Internal Revenue Code of 1986 (defining wages) is amended to read as follows: ``(B) cash remuneration paid by an employer in any calendar year to an employee for domestic service in a private home of the employer, if the cash remuneration paid in such year by the employer to the employee for such service is less than the minimum assessed wages determined under section 209(a)(6)(B) of the Social Security Act for such year. As used in this subparagraph, the term `domestic service in a private home of the employer' does not include service described in subsection (g)(5);''. (2) Conforming amendment.--The second sentence of section 3102(a) of such Code (relating to deduction of tax from wages) is amended-- (A) by striking ``calendar quarter'' each place it appears and inserting ``calendar year'', and (B) by striking ``$50'' and inserting ``the minimum assessed wages determined under section 209(a)(6)(B) of the Social Security Act for such year''. (c) Effective Date.--The amendments made by this section shall apply to remuneration paid in calendar years after 1992. As soon as practicable after the date of the enactment of this Act, the Secretary of Health and Human Services shall publish in the Federal Register the minimum assessed wages for 1993, determined under section 209(a)(6)(B)(ii) of the Social Security Act (as amended by this Act). SEC. 3. COORDINATION OF COLLECTION OF DOMESTIC SERVICE EMPLOYMENT WITH COLLECTION OF INCOME TAXES. (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 (relating to general provisions relating to employment taxes) is amended by adding at the end the following new section: ``SEC. 3510. COORDINATION OF COLLECTION OF DOMESTIC SERVICE EMPLOYMENT TAXES WITH COLLECTION OF INCOME TAXES. ``(a) General Rule.--Except as otherwise provided in this section-- ``(1) returns with respect to domestic service employment taxes shall be made on a calendar year basis, ``(2) any such return for any calendar year shall be filed on or before the due date (including extensions) of the income tax return for the employer's taxable year which begins in such calendar year, and ``(3) no requirement to make deposits (or to pay installments under section 6157) shall apply with respect to such taxes. ``(b) Domestic Service Employment Taxes Subject to Estimated Tax Provisions.-- ``(1) In general.--Solely for purposes of section 6654, domestic service employment taxes imposed with respect to any calendar year shall be treated as a tax imposed by chapter 2 for the taxable year of the employer which begins in such calendar year. ``(2) Annualization.--Under regulations prescribed by the Secretary, appropriate adjustments shall be made in the application of section 6654(d)(2) in respect of the amount treated as tax under paragraph (1). ``(3) Transitional rule.--For purposes of applying section 6654 to a taxable year beginning in 1993, the amount referred to in clause (ii) of section 6654(d)(1)(B) shall be increased by 90 percent of the amount treated as tax under paragraph (1) for such taxable year. ``(c) Domestic Service Employment Taxes.--For purposes of this section, the term `domestic service employment taxes' means-- ``(1) any taxes imposed by chapter 21 or 23 on remuneration paid for domestic service in a private home of the employer, and ``(2) any amount withheld from such remuneration pursuant to an agreement under section 3402(p). For purposes of this subsection, the term `domestic service in a private home of the employer' does not include service described in section 3121(g)(5). ``(d) Exception Where Employer Liable for Other Employment Taxes.-- To the extent provided in regulations prescribed by the Secretary, this section shall not apply to any employer for any calendar year if such employer is liable for any tax under this subtitle with respect to remuneration for services other than domestic service in a private home of the employer. ``(e) Authority To Enter Into Agreements To Collect State Unemployment Taxes.-- ``(1) In general.--The Secretary is hereby authorized to enter into an agreement with any State to collect, as the agent of such State, such State's unemployment taxes imposed on remuneration paid for domestic service in a private home of the employer. Any taxes to be collected by the Secretary pursuant to such an agreement shall be treated as domestic service employment taxes for purposes of this section. ``(2) Transfers to state account.--Any amount collected under an agreement referred to in paragraph (1) shall be transferred by the Secretary to the account of the State in the Unemployment Trust Fund. ``(3) Subtitle f made applicable.--For purposes of subtitle F, any amount required to be collected under an agreement under paragraph (1) shall be treated as a tax imposed by chapter 23. ``(4) State.--For purposes of this subsection, the term `State' has the meaning given such term by section 3306(j)(1).'' (b) Clerical Amendment.--The table of sections for chapter 25 is amended by adding at the end thereof the following: ``Sec. 3510. Coordination of collection of domestic service employment taxes with collection of income taxes.'' (c) Effective Date.--The amendments made by this section shall apply to remuneration paid in calendar years after 1992. SEC. 4. STUDY REGARDING MINIMUM ASSESSED WAGES FOR DOMESTIC SERVICE. (a) In General.--The Secretary of Health and Human Services and the Secretary of the Treasury shall conduct a joint study of the effects of the amendments made by this Act. In the course of such study, the Secretaries shall-- (1) analyze the effect of the amounts of minimum assessed wages established pursuant to such amendments on the integrity of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund, (2) evaluate the annual savings to the Government caused by the annualization of the employment taxes provided in such amendments, and (3) such other related matters as they consider appropriate. (b) Report.--Not later than January 1, 1996, the Secretaries shall transmit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate setting forth the results of their study conducted pursuant to subsection (a). Such study shall include such recommendations for legislative changes as such Secretaries may consider appropriate.

Social Security Domestic Employment Tax Simplification Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act and the Internal Revenue Code (IRC) to raise the threshold amount of cash remuneration payable to a domestic employee in any year which is subject to social security employment taxes. Amends IRC to: (1) provide for the coordination of the collection of domestic service employment taxes with the collection of income taxes; (2) subject domestic service employment taxes to estimated tax provisions; (3) exempt certain employers from the payment of such taxes; and (4) authorize the Secretary of the Treasury to enter into agreements to collect State unemployment taxes imposed on such remuneration. Requires the Secretaries of Health and Human Services and the Treasury to study and report to the Congress on the effects of this Act.

Social Security Domestic Employment Tax Simplification Act of 1993

SECTION 1. NEEDS-BASED BANKRUPTCY. Title 11 of the United States Code is amended-- (1) in section 101-- (A) by inserting after paragraph (10) the following: ``(10A) `current monthly total income' means the average monthly income derived from all sources that the debtor, or in a joint case the debtor and the debtor's spouse, receive without regard to whether such income is taxable income, in the 180-day period ending on the date the case is commenced, and includes any amount paid by anyone other than the debtor, or in a joint case the debtor and the debtor's spouse, on a regular basis for the household expenses of the debtor or the debtor's dependents, and in a joint case the dependents of the debtor's spouse;''; and (B) by inserting after paragraph (52) the following: ``(52A) `State median family income' means the State median family income reported by the Bureau of the Census as of January 1 following the then most recently concluded calendar year for the State in which the debtor's domicile has been located for the 180 days immediately preceding the date of the filing of the petition, or for a longer portion of such 180-day period than in any other place. ``(52B) `State median household income for 1 earner' means the State median household for 1 earner income reported by the Bureau of the Census as of January 1 following the then most recently concluded calendar year for the State in which the debtor's domicile has been located for the 180 days immediately preceding the date of the filing of the petition, or for a longer portion of such 180-day period than in any other place.''; (2) in section 104(b)(1) by striking ``109(e)'' and inserting ``subsections (b), (e), and (h) of section 109''; (3) in section 109(b)-- (A) in paragraph (2) by striking ``or'' at the end; (B) in paragraph (3) by striking the period and inserting ``; or''; and (C) by adding at the end the following: ``(4) an individual, or in a joint case an individual and such individual's spouse, who have income available to pay creditors as determined under subsection (h) and whose additional expenses established under subsection (h)(4) are less than 10 percent of current monthly total income.''; (4) by adding at the end of section 109 the following: ``(h)(1) An individual, or in a joint case an individual and such individual's spouse, have income available to pay creditors if the individual, or in a joint case the individual and the individual's spouse combined, as of the date of the order for relief, have-- ``(A) current monthly total income exceeding 75 percent of the State median family income for a family of equal size or, in the case of a household of 1 individual, or exceeding 75 percent of the State median household income for 1 earner, as of the date of the order for relief; ``(B) projected monthly net income exceeding $50; and ``(C) projected monthly net income sufficient to repay 20 percent or more of unsecured nonpriority claims during a 5-year repayment plan. ``(2) Projected monthly net income shall be sufficient under paragraph (1)(C) if, when multiplied by 60 months, such income is not less than 20 percent of the total amount scheduled as payable to unsecured nonpriority creditors. ``(3) For purposes of this subsection, `projected monthly net income' means current monthly total income less the sum of-- ``(A) the expense allowances under the applicable National Standards, Local Standards and Other Necessary Expenses allowance (excluding payments for debts) for the debtor, the debtor's dependents, and in a joint case the debtor's spouse the dependents of the debtor's spouse, in the area in which the debtor resides as determined under the Internal Revenue Service financial analysis for expenses, as in effect on the date of the order for relief; ``(B) the average monthly payment on account of secured creditors, which shall be calculated as the total of all amounts scheduled as contractually payable to secured creditors in each month of the 60 months following the date of the petition by the debtor, or in a joint case by the debtor and the debtor's spouse combined, and dividing that total by 60 months; and ``(C) the average monthly payment on account of priority creditors, which shall be calculated as the total amount of debts entitled to priority, reasonably estimated by the debtor as of the date of the petition, and dividing that total by 60 months. ``(4) If the debtor establishes extraordinary circumstances that require allowance for additional expenses, projected monthly net income for purposes of this subsection shall be the amount calculated under paragraph (3) less such additional expenses as such extraordinary circumstances require. ``(A) This paragraph shall not apply unless the debtor files with the petition-- ``(i) a written statement that this paragraph applies in determining the debtor's eligibility for relief under chapter 7 of this title; ``(ii) a list itemizing each additional expense which exceeds the expenses allowances provided under paragraph (3)(A); ``(iii) a detailed description of the extraordinary circumstances that explains why each of the additional expenses itemized under subparagraph (II) requires allowance; and ``(iv) a sworn statement signed by the debtor and, if the debtor is represented by counsel, by the debtor's attorney, that the information required under this paragraph is true and correct. ``(B)(i) Until the trustee or any party in interest objects to the debtor's statement that this paragraph applies and the court rejects or modifies the debtor's statement, the projected monthly net income in the debtor's statement shall be the projected monthly net income for the purposes of this subsection. ``(ii) If an objection is filed with the court not later than 60 days after the debtor has provided all the information required under subsections (a)(1) and (c)(1)(A) of section 521 of this title, the court, after notice and hearing, shall determine whether such extraordinary circumstances exist and shall establish the amount of the additional expense allowance, if any. The burden of disproving such extraordinary circumstances shall be on the objector. ``(5) If a party in interest files a motion, or makes an objection, to cause the dismissal or conversion of a case under chapter 7 on the ground that an individual may not be a debtor, or in a joint case that an individual and such individual's spouse may not be debtors, under such chapter and fails to prevail on the motion or the objection, such party shall pay to the debtor or debtors, a reasonable attorney's fee and costs incurred by the debtor or debtors in opposing the motion or the objection.''; (5) in section 704-- (A) by striking ``and'' at the end of paragraph (8); (B) by striking the period at the end of paragraph (9) and inserting ``; and''; and (C) by adding at the end the following: ``(10) with respect to an individual debtor, review all materials provided by the debtor under subsections (a)(1) and (c)(1) of section 521, investigate and verify the debtor's projected monthly net income and not later than 30 days after the order for relief under this chapter, file a report with the court as to whether the debtor may be a debtor under this chapter.''; (6) in section 1302(b)-- (A) in paragraph (1)-- (i) by striking ``704(7) and'' and inserting ``704(7),''; and (ii) by inserting ``and 704(10)'' after ``704(9)''; and (B) in paragraph (4) by striking ``and'' at the end; (C) in paragraph (5) by striking the period and inserting a semicolon; and (D) by adding at the end the following: ``(6) investigate and verify the debtor's monthly net income and other information provided by the debtor pursuant to sections 521 and 1322, and pursuant to section 111 if applicable; and ``(7) file annual reports with the court, with copies to holders of claims under the plan, as to whether a modification of the amount paid creditors under the plan is appropriate because of changes in the debtor's monthly net income.''. SEC. 2. 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.

Amends Federal bankruptcy law to prescribe guidelines for a needs-based bankruptcy system which precludes individuals from filing for complete relief in bankruptcy under chapter 7 (Liquidation) if certain current monthly income is available to pay creditors. Sets forth formulae for income levels determinative of debtor eligibility for bankruptcy relief. Treats as having income available to pay creditors (and thus eligible for chapter 13 Adjustment of Debts of an Individual with Regular Income) any individual (or in a joint case, an individual and spouse combined) with: (1) a current monthly total income exceeding 75 percent of the State median family income for a family of equal size (or for one earner, 75 percent of the State median household income); (2) projected monthly net income exceeding $50; and (3) projected monthly net income sufficient to repay 20 percent or more of unsecured non-priority claims during a five-year repayment plan. Requires a party in interest to pay debtor's legal costs if such party fails to prevail on a procedural action to cause the dismissal or conversion of a chapter 7 case on the basis that the individual may not be a chapter 7 debtor. Requires a trustee to: (1) investigate and verify the debtor's monthly net income and other specified information the debtor provides; and (2) report annually to the court, with copies to claimholders, on any appropriate modification of the amount paid creditors under the plan because of changes in the debtor's monthly net income.

To amend title 11 of the United States Code to modify the application of chapter 7 relating to liquidation cases.

SECTION 1. SHORT TITLE. This Act may be cited as the ``1995 Special Olympics World Games Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) One Dollar Silver Coins.-- (1) Issuance.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall issue not more than 800,000 $1 coins, which shall weigh 26.73 grams, have a diameter of 1.500 inches, and shall contain 90 percent silver and 10 percent copper. (2) Design.--The design of the coins issued under this Act shall be emblematic of the 1995 Special Olympics World Games. On each such coin there shall be a designation of the value of the coin, an inscription of the year ``1995'', and inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Legal Tender.--The coins issued under this Act shall be legal tender as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5132(a)(1) of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for the coins minted under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. SELECTION OF DESIGN. The design for the coins authorized by this Act shall be selected by the Secretary after consultation with the 1995 Special Olympics World Games Organizing Committee, Inc. and the Commission of Fine Arts. As required by section 5135 of title 31, United States Code, the design shall also be reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF THE COINS. (a) Quality of Coins.--The coins authorized under this Act may be issued in uncirculated and proof qualities. (b) Mint Facility.--Not more than 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Commencement of Issuance.--The coins authorized under this Act shall be available for issue not later than January 15, 1995. (d) Sunset Provision.--No coins shall be minted under this Act after December 31, 1995. SEC. 6. SALE OF THE COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge provided in subsection (d) with respect to such coins, and the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales at a reasonable discount. (c) Prepaid Orders.--The Secretary shall accept prepaid orders for the coins authorized under this Act prior to the issuance of such coins. Sales under this subsection shall be at a reasonable discount. (d) Surcharge Required.--All sales shall include a surcharge of $10 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. 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. Nothing in this section shall 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. DISTRIBUTION OF SURCHARGES. The total surcharges collected by the Secretary from the sale of the coins issued under this Act shall be promptly paid by the Secretary to the 1995 Special Olympics World Games Organizing Committee, Inc. Such amounts shall be used to-- (1) provide a world class sporting event for athletes with mental retardation; (2) demonstrate to a global audience the extraordinary talents, dedication, and courage of persons with mental retardation; and (3) underwrite the cost of staging and promoting the 1995 Special Olympics World Games. SEC. 9. AUDITS. The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the 1995 Special Olympics World Games Organizing Committee, Inc. as may be related to the expenditure of amounts paid under section 8. SEC. 10. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take all actions necessary to ensure that the issuance of the coins authorized by this Act shall result in no net cost to the United States Government. (b) Adequate Security for Payment Required.--No coin shall be issued under this Act unless the Secretary has received-- (1) full payment therefore; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

1995 Special Olympics World Games Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar silver coins emblematic of the 1995 Special Olympics World Games. Mandates that the surcharges collected from the sale of such coins be paid to the 1995 Special Olympics World Games Organizing Committee, Inc.

1995 Special Olympics World Games Commemorative Coin Act

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Helping to Encourage Real Opportunity for Veterans Transitioning from Battlespace to Workplace Act of 2014'' or the ``HERO Transition from Battlespace to Workplace Act of 2014''. (b) Findings.--Congress finds the following: (1) The majority of men and women transitioning from the Armed Services to the civilian sector have experienced difficulty in making the transition and regard their greatest challenge to be finding a job that is meaningful to them even though nearly 90 percent of them believe they have the general skills needed to land their ideal job such as problem solving, leadership, ethics, and time management and most believe they possess specific marketable skills, such as information technology, health care, mechanical, and aviation. (2) Among the biggest challenges veterans face in securing suitable employment in the civilian sector are: overcoming the difficulty in translating to employers the value of the skills they learned in the military; competing with candidates who have been in the workforce longer; the perceived reluctance of employers to hire due to concerns about multiple deployments or military training and time commitments of the Reserve Component; and fears of dealing with veterans' disabilities. (3) Studies have shown that more than 80 percent of veterans transitioning from military service to the civilian sector regard employer-provided veteran support programs as ``critical'' or ``important'' to their success and believe it is important for employers to provide flexible leave for the health issues they face. SEC. 2. TAX CREDIT FOR MILITARY RELATIONS MANAGERS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45S. MILITARY RELATIONS MANAGER. ``(a) Allowance of Credit.--For purposes of section 38, in the case of an employer, the military relations manager tax credit determined under this section for a taxable year is an amount equal to $1,000 multiplied by the number of veterans-- ``(1) who begin work for the employer in the taxable year or preceding taxable year of the employer, and ``(2) with respect to whom a qualified military relations manager is exercising the duties described in section 4303(17)(B) of title 38, United States Code. ``(b) Limitations.-- ``(1) Maximum number of veterans per military relations manager.--Not more than 25 veterans hired in a taxable year may be taken into account under subsection (a) for each qualified military relations manager. ``(2) Minimum service with employer.--A veteran may not be taken into account for purposes of subsection (a) until the veteran has provided continuous service for the employer for the 8-month period beginning on the day the veteran first begins work with the employer and with respect to whom the qualified military relations manager is exercising the duties described in section 4303(17)(B) of title 38, United States Code. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified military relations manager.--For purposes of this section, the term `qualified military relations manager' means, with respect to an employer, a military relations manager with the qualities described in section 4303(17)(A) of title 38, United States Code, who has been designated by the taxpayer to participate in the hiring process and who carries out the duties described in section 4303(17)(B) of such Code. ``(2) Veteran.--The term `veteran' has the meaning given such term by section 101(2) of title 38, United States Code. ``(d) Aggregation Rule for Employer.--All persons treated as a single employer for purposes of subsection (a) or (b) of section 52 shall be treated as one person for purposes of this section. ``(e) Regulations.--The Secretary shall prescribe such regulations or other guidance as the Secretary determines necessary or appropriate to carry out this section.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the military relations manager tax credit determined under section 45S(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Military Relations Manager.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. HIRING OF VETERANS. (a) Improvements to USERRA.-- (1) Reasonable efforts of employer.--Section 4303 of title 38, United States Code, is amended-- (A) in paragraph (10), by inserting before the period at the end the following: ``, and may include designating an employee as a military relations manager and using the military skills translator database''; and (B) by adding at the end the following new paragraphs: ``(17) The term `military relations manager' means an individual employed by an employer-- ``(A) who is an expert in-- ``(i) the process of transitioning from being a member of the Armed Forces to being a civilian; and ``(ii) translating the skills, experience, and training gained in the Armed Forces to skills, experience, and training needed in the private sector; and ``(B) whose duties include-- ``(i) acting as a liaison between the employer and individuals covered under this chapter; ``(ii) assisting the human resources personnel of the employer in evaluating individuals covered under this chapter seeking employment with the employer, including by using the military skills translator database; and ``(iii) serving as a mentor to individuals covered under this chapter who are employees of the employer. ``(18) The term `military skills translator database' means the database that the Secretary of Veterans Affairs maintains on a public Internet website to assist veterans explain how skills, experience, and training gained in the Armed Forces relates to civilian skills, experiences, and training.''. (2) Compliance.--Section 4322(d) of title 38, United States Code, is amended by adding after the period at the end the following new sentence: ``Such compliance may include the employer designating an employee to act as a military relations manager and using the military skills translator database maintained by the Secretary of Veterans Affairs when assessing a person for initial employment.''. (b) Military Skills Translator Database.--The Secretary of Veterans Affairs shall-- (1) ensure that the military skills translator database (as defined by section 4303(18) of title 38, United States Code, as added by subsection (a)(1)(B)) may be used by civilian employers to better understand the skills, experience, and training of a veteran who seeks employment with the employer; and (2) conduct outreach to inform civilian employers of such database.

Helping to Encourage Real Opportunity for Veterans Transitioning from Battlespace to Workplace Act of 2014 or the HERO Transition from Battlespace to Workplace Act of 2014 - Amends the Internal Revenue Code to allow employers a business-related tax credit for $1,000 times the number of veterans (not more than 25 in a taxable year) who begin work resulting from the efforts of a military relations manager. Deems as a reasonable effort of an employer to employ veterans, for purposes of veteran employment and reemployment programs, the designation of an employee as a military relations manager and the use of the military skills translator database (database for assisting veterans in relating military skills, experience, and training to civilian skills, experience, and training). Defines "military relations manager" as an expert in the process of transitioning from being a member of the Armed Forces to being a civilian and in translating the skills, experience, and training gained in the Armed Forces to skills, experience, and training needed in the private sector. Directs the Secretary of Veterans Affairs (VA) to ensure that the military skills translator database may be used by civilian employers and conduct outreach to inform civilian employers of such database.

HERO Transition from Battlespace to Workplace Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sunset Inefficient and Unaccountable Government Act''. SEC. 2. ABOLISHMENT OF AGENCIES. (a) In General.--Each agency listed in subsection (c) shall be abolished on the date set forth in subsection (c), unless a Federal law disapproving of the abolishment of the agency is enacted before such date. (b) Effect of Abolishment.--When an agency is abolished under this Act, the head of such agency may take such actions as are necessary to dispose of the assets, obligations, and liabilities of the agency during the one-year period that begins on the date of such abolishment. (c) Schedule for Abolishment.-- (1) Agriculture.--The date of abolishment referred to in subsection (a) is 2 years after the date of enactment of this Act for the following agencies: (A) The Department of Agriculture. (B) Any other agency-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Agriculture of the House of Representatives. (2) Commerce.--The date of abolishment referred to in subsection (a) is 3 years after the date of enactment of this Act for the following agencies: (A) The Department of Commerce. (B) Any other agency-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Financial Services of the House of Representatives. (C) Any other agency-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Small Business of the House of Representatives. (D) Any other agency-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Oversight and Government Reform of the House of Representatives. (3) Education.--The date of abolishment referred to in subsection (a) is 4 years after the date of enactment of this Act for the following agencies: (A) The Department of Education. (B) Any other agency-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Education and the Workforce of the House of Representatives. (4) Energy.--The date of abolishment referred to in subsection (a) is 5 years after the date of enactment of this Act for the following agencies: (A) The Department of Energy. (B) Any other agency-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Energy and Commerce of the House of Representatives. (C) Any other agency-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Science, Space, and Technology of the House of Representatives. (5) Health and human services.--The date of abolishment referred to in subsection (a) is 6 years after the date of enactment of this Act for the Department of Health and Human Services. (6) Housing and urban development; judiciary.--The date of abolishment referred to in subsection (a) is 7 years after the date of enactment of this Act for the following agencies: (A) The Department of Housing and Urban Development. (B) Any other agency, other than the Department of Justice-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on the Judiciary of the House of Representatives. (7) Labor.--The date of abolishment referred to in subsection (a) is 8 years after the date of enactment of this Act for the Department of Labor. (8) Interior.--The date of abolishment referred to in subsection (a) is 9 years after the date of enactment of this Act for the following agencies: (A) The Department of the Interior. (B) Any other agency-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Natural Resources of the House of Representatives. (9) Treasury; veterans affairs.--The date of abolishment referred to in subsection (a) is 10 years after the date of enactment of this Act for the following agencies: (A) Any office of the Department of the Treasury. (B) Any other agency, other than the Department of the Treasury-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Ways and Means of the House of Representatives. (C) The Department of Veterans Affairs. (D) Any other agency-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Veterans' Affairs of the House of Representatives. (10) Transportation; armed services; foreign affairs; homeland security.--The date of abolishment referred to in subsection (a) is 11 years after the date of enactment of this Act for the following agencies: (A) The Department of Transportation. (B) Any other agency-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Transportation and Infrastructure of the House of Representatives. (C) Any other agency, except the Department of Defense-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Armed Services of the House of Representatives. (D) Any other agency, except the Department of State-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Foreign Affairs of the House of Representatives. (E) Any other agency, except the Department of Homeland Security-- (i) about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency during the previous 10 years; and (ii) whose authorizing legislation was referred to the Committee on Homeland Security of the House of Representatives. (F) Any other agency, except the Department of Defense, the Department of State, the Department of Homeland Security, the Department of Justice, and the Department of the Treasury, about which Congress has not passed a concurrent resolution disapproving of the abolishment of such agency within the last 10 years. (d) Future Dates.--On the date that is 10 years after each date listed in subsection (c) for the abolishment of an agency, and every 10 years thereafter, if such agency exists, such agency shall be abolished. SEC. 3. SELF-REVIEW OF AGENCIES. Not later 1 year before the date on which an agency is scheduled to be abolished pursuant to section 2(a), the head of such agency shall submit to Congress a report on the roles and responsibilities of the agency detailing the agency's justification for existence, including areas where the duties of the agency may overlap with the duties of other agencies. SEC. 4. AGENCY DEFINED. The term ``agency'' has the meaning given the term ``Executive agency'' in section 105 of title 5, United States Code.

Sunset Inefficient and Unaccountable Government Act This bill requires the abolishment of the Departments of Agriculture, Commerce, Education, Energy, Health and Human Services, Housing and Urban Development, Labor, the Interior, the Treasury, Veterans Affairs, and Transportation on specified dates of between 2 years and 11 years after enactment of this Act or every 10 years thereafter, and of any other agency about which Congress has not passed a concurrent resolution disapproving abolishment during the previous 10 years, unless a disapproval of such abolishment is enacted prior to the date of the agency's scheduled abolishment. The head of each agency which is scheduled to be abolished must: (1) take necessary actions to dispose of the assets, obligations, and liabilities of the agency during the one-year period that begins on the date of abolishment; and (2) report to Congress on the roles and responsibilities of the agency, detailing the agency's justification for existence, including areas where the duties of the agency may overlap with the duties of other agencies.

Sunset Inefficient and Unaccountable Government Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Advancement of Geriatric Education Act of 2001''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Disregard of certain geriatric residents and fellows against graduate medical education limitations. Sec. 3. Extension of eligibility periods for geriatric graduate medical education. Sec. 4. Study and report on improvement of graduate medical education. Sec. 5. Improved funding for education and training relating to geriatrics. SEC. 2. DISREGARD OF CERTAIN GERIATRIC RESIDENTS AND FELLOWS AGAINST GRADUATE MEDICAL EDUCATION LIMITATIONS. (a) Direct GME.--Section 1886(h)(4)(F) of the Social Security Act (42 U.S.C. 1395ww(h)(4)(F)) is amended by adding at the end the following new clause: ``(iii) Increase in limitation for geriatric residencies and fellowships.--For cost reporting periods beginning on or after the date that is 6 months after the date of enactment of the Advancement of Geriatric Education Act of 2001, in applying the limitations regarding the total number of full- time equivalent residents in the field of allopathic or osteopathic medicine under clause (i) for a hospital, the Secretary shall not take into account a maximum of 5 residents enrolled in a geriatric residency or fellowship program approved by the Secretary for purposes of paragraph (5)(A) to the extent that the hospital increases the number of geriatric residents or fellows above the number of such residents or fellows for the hospital's most recent cost reporting period ending before the date that is 6 months after the date of enactment of such Act.''. (b) Indirect GME.--Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended by adding at the end the following new clause: ``(ix) Clause (iii) of subsection (h)(4)(F) shall apply to clause (v) in the same manner and for the same period as such clause (iii) applies to clause (i) of such subsection.''. SEC. 3. EXTENSION OF ELIGIBILITY PERIODS FOR GERIATRIC GRADUATE MEDICAL EDUCATION. (a) Direct GME.--Section 1886(h)(5)(G) of the Social Security Act (42 U.S.C. 1395ww(h)(5)(G)) is amended by adding at the end the following new clause: ``(vi) Geriatric residency and fellowship programs.--In the case of an individual enrolled in a geriatric residency or fellowship program approved by the Secretary for purposes of subparagraph (A), the period of board eligibility and the initial residency period shall be the period of board eligibility for the subspecialty involved, plus 1 year.''. (b) Conforming Amendment.--Section 1886(h)(5)(F) of the Social Security Act (42 U.S.C. 1395ww(h)(5)(F)) is amended by striking ``subparagraph (G)(v)'' and inserting ``clauses (v) and (vi) of subparagraph (G)''. (c) Effective Date.--The amendments made by this section shall apply to cost reporting periods beginning on or after the date that is 6 months after the date of enactment of this Act. SEC. 4. STUDY AND REPORT ON IMPROVEMENT OF GRADUATE MEDICAL EDUCATION. (a) Study.--The Secretary of Health and Human Services shall conduct a study to determine how to improve the graduate medical education programs under subsections (d)(5)(B) and (h) of section 1886 of the Social Security Act (42 U.S.C. 1395ww) so that such programs prepare the physician workforce to serve the aging population of the United States. Such study shall include a determination of whether the establishment of an initiative to encourage the development of individuals as academic geriatricians would improve such programs. (b) Report.--Not later than the date that is 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the study conducted under subsection (a) together with such recommendations for legislative and administrative action as the Secretary determines appropriate. SEC. 5. IMPROVED FUNDING FOR EDUCATION AND TRAINING RELATING TO GERIATRICS. (a) Geriatric Faculty Fellowships.--Section of 753(c)(4) of the Public Health Service Act (42 U.S.C. 294c(c)(4)) is amended-- (1) in subparagraph (A), by striking ``$50,000 for fiscal year 1998'' and inserting ``$75,000 for fiscal year 2002''; and (2) in subparagraph (B), by striking ``shall not exceed 5 years'' and inserting ``shall be 5 years''. (b) Authorization of Appropriations.--Section 757 of the Public Health Service Act (42 U.S.C. 294g) is amended-- (1) in subsection (a)-- (A) by striking ``In General.--There are authorized'' and inserting ``Authorization.-- ``(1) In general.--Except as provided in paragraph (2), there are authorized''; and (B) by adding at the end the following: ``(2) Education and training relating to geriatrics.--There are authorized to be appropriated to carry out section 753 such sums as may be necessary for each of fiscal years 2002 through 2006.''; and (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (B), by striking ``and'' at the end; and (ii) by striking subparagraph (C) and inserting the following: ``(C) not less than $22,631,000 for awards of grants and contracts under-- ``(i) section 753 for fiscal years 1998 through 2001; and ``(ii) sections 754 and 755 for fiscal years 1998 through 2002; and ``(D) for awards of grants and contracts under section 753 after fiscal year 2001-- ``(i) in 2002, not less than $20,000,000; ``(ii) in 2003, not less than $24,000,000; ``(iii) in 2004, not less than $28,000,000; ``(iv) in 2005, not less than $32,000,000; and ``(v) in 2006, not less than $36,000,000.''; (B) in paragraph (2), by striking ``subparagraphs (A) through (C)'' and inserting ``subparagraphs (A) through (D)''; and (C) in paragraph (3), by striking ``subparagraphs (A) through (C) of paragraph (2)'' and inserting ``subparagraphs (A) through (D) of paragraph (1)''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2001.

Advancement of Geriatric Education Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to payment to hospitals for inpatient hospital services to: (1) provide that, with respect to specified cost reporting periods, in applying the limitations regarding the total number of full-time equivalent residents in the field of allopathic or osteopathic medicine under provisions on payments for direct and indirect graduate medical education (GME) costs for a hospital, the Secretary of Health and Human Services shall disregard up to a specified maximum number of residents enrolled in an approved geriatric residency or fellowship program under certain circumstances; and (2) provide that in the case of an individual enrolled in an approved geriatric residency or fellowship program, the period of board eligibility and the initial residency period shall be the period of board eligibility for the subspeciality involved, plus one year under provisions on payments for direct GME costs.Amends the Public Health Service Act to increase, provide for, and make other specified funding-related changes with respect to certain geriatric matters.

A bill to amend title XVIII of the Social Security Act and title Vll of the Public Health Service Act to expand medical residency training programs in geriatrics, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Tax and Investment Reform Act of 2013''. SEC. 2. FINDINGS. The Congress finds the following: (1) There is a unique Federal legal and political relationship between the United States and Indian tribes. (2) Indian tribes have the responsibility and authority to provide governmental programs and services to tribal citizens, develop tribal economies, and build community infrastructure to ensure that Indian reservation lands serve as livable, permanent homes. (3) The United States Constitution, U.S. Federal Court decisions, Executive orders, and numerous other Federal laws and regulations recognize that Indian tribes are governments, retaining the inherent authority to tax and operate as other governments, including (inter alia) financing projects with government bonds and maintaining eligibility for general tax exemptions via their government status. (4) Codifying tax parity with respect to tribal governments is consistent with Federal treaties recognizing the sovereignty of tribal governments. (5) That Indian tribes face historic disadvantages in accessing the underlying capital to build the necessary infrastructure for job creation, and that certain statutory restrictions on tribal governance further inhibit tribes' ability to develop strong governance and economies. (6) Indian tribes are sometimes excluded from the Internal Revenue Code of 1986 in key provisions which results in unfair tax treatment for tribal citizens or unequal enforcement authority for tribal enforcement agencies. (7) Congress is vested with the authority to regulate commerce with Indian tribes, and hereby exercises that authority in a manner which furthers tribal self-governance, and in doing so, further affirms the United States government- to-government relationship with Indian tribes. SEC. 3. TREATMENT OF INDIAN TRIBES AS STATES WITH RESPECT TO BOND ISSUANCE. (a) In General.--Subsection (c) of section 7871 of the Internal Revenue Code of 1986 (relating to Indian tribal governments treated as States for certain purposes) is amended to read as follows: ``(c) Special Rules for Tax-Exempt Bonds.--In applying section 146 to bonds issued by Indian tribal governments (or subdivisions thereof) the Secretary of the Treasury shall annually-- ``(1) establish a national bond volume cap based on the greater of-- ``(A) the State population formula approach in section 146(d)(1)(A) (using national tribal population estimates supplied annually by the Department of the Interior in consultation with the Census Bureau), and ``(B) the minimum State ceiling amount in section 146(d)(1)(B) (as adjusted in accordance with the cost of living provision in section 146(d)(2)), and ``(2) allocate such national bond volume cap among all Indian tribal governments seeking such an allocation in a particular year under regulations prescribed by the Secretary.''. (b) Repeal of Essential Governmental Function Requirements.-- Section 7871 of such Code is further amended by striking subsections (b) and (e). (c) Effective Date.-- (1) Subsection (a).--The amendment made by subsection (a) shall apply to obligations issued in calendar years beginning after the date of the enactment of this Act. (2) Subsection (b).--The repeals made by subsection (b) shall apply to transactions after, and obligations issued in calendar years beginning after, the date of the enactment of this Act. SEC. 4. TREATMENT OF PENSION AND EMPLOYEE BENEFIT PLANS MAINTAINED BY TRIBAL GOVERNMENTS. (a) Amendments to the Internal Revenue Code of 1986.-- (1) Qualified public safety employee.--Section 72(t)(10)(B) of the Internal Revenue Code of 1986 (defining qualified public safety employee) is amended by-- (A) striking ``or political subdivision of a State'' and inserting ``, political subdivision of a State, or Indian tribe''; and (B) striking ``such State or political subdivision'' and inserting ``such State, political subdivision, or tribe''. (2) Governmental plan.--The last sentence of section 414(d) of such Code (defining governmental plan) is amended to read as follows: ``The term `governmental plan' includes a plan established or maintained for its employees by an Indian tribal government (as defined in section 7701(a)(40)), a subdivision of an Indian tribal government (determined in accordance with section 7871(d)), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing.''. (3) Domestic relations order.--Section 414(p)(1)(B)(ii) of such Code (defining domestic relations order) is amended by inserting ``or tribal'' after ``State''. (4) Exempt governmental deferred compensation plan.-- Section 3121(v)(3) of such Code (defining governmental deferred compensation plan) is amended by inserting ``by an Indian tribal government or subdivision thereof,'' after ``political subdivision thereof,''. (5) Grandfather of certain deferred compensation plans.-- Section 457 of the Internal Revenue Code is amended by adding at the end the following new subsection: ``(h) Certain Tribal Government Plans Grandfathered.--Plans established before the date of enactment of this subsection and maintained by an Indian tribal government (as defined in section 7701(a)(40)), a subdivision of an Indian tribal government (determined in accordance with section 7871(d)), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing, in compliance with subsection (b) or (f) shall be treated as if established by an eligible employer under subsection (e)(1)(A).''. (b) Amendments to the Employee Retirement Income Security Act of 1974.-- (1) In general.--The last sentence of section 3(32) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(32)) is amended to read as follows: ``The term `governmental plan' includes a plan established or maintained for its employees by an Indian tribal government (as defined in section 7701(a)(40) of the Internal Revenue Code of 1986), a subdivision of an Indian tribal government (determined in accordance with section 7871(d) of such Code), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing.''. (2) Domestic relations order.--Section 206(d)(3)(B)(ii)(II) of such Act is amended by inserting ``or tribal'' after ``State''. (3) Conforming amendments.-- (A) Paragraph (2) of section 109(d) of the Worker, Retiree, and Employer Recovery Act of 2008 (Public Law 110-458; 122 Stat. 5112) is repealed, and, subject to subparagraph (B), each provision amended by such paragraph is amended to read as if such paragraph had not been enacted. (B) Section 4021(b) of the Employee Retirement Income Security Act of 1974 is amended by striking ``or'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``; or'', and by inserting after paragraph (13) the following new paragraph: ``(14) established or maintained for its employees by an Indian tribal government (as defined in section 7701(a)(40) of the Internal Revenue Code of 1986), a subdivision of an Indian tribal government (determined in accordance with section 7871(d) of such Code), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing.''. (C) Section 4021(b)(2) of such Act (29 U.S.C. 1321(b)(2)) is amended by striking ``, or which is described in the last sentence of section 3(32)'' and inserting a comma. (c) Effective Date.--The amendments made by this section shall apply to years beginning after the date of the enactment of this Act. SEC. 5. TREATMENT OF TRIBAL FOUNDATIONS AND CHARITIES LIKE CHARITIES FUNDED AND CONTROLLED BY OTHER GOVERNMENTAL FUNDERS AND SPONSORS. (a) In General.--Section 170(b)(1)(A) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``For purposes of clause (vi), the term `governmental unit' includes an Indian tribal government (determined in accordance with section 7871(d) of such Code), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing.''. (b) Certain Supporting Organizations.--Section 509(a) of such Code is amended by adding at the end the following: ``For purposes of paragraph (3), an organization described in paragraph (2) shall be deemed to include an Indian tribal government (determined in accordance with section 7871(d) of such Code), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 6. IMPROVING EFFECTIVENESS OF TRIBAL CHILD SUPPORT ENFORCEMENT AGENCIES BY PARITY OF ACCESS TO THE FEDERAL PARENT LOCATOR SERVICE AND FEDERAL TAX REFUND OFFSETS. (a) Access to Federal Parent Locatior Service.--Section 453(c) of the Social Security Act (42 U.S.C. 653(c)) is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and'' ; and (3) by adding at the end the following: ``(5) the child support enforcement agency of an Indian tribe or tribal organization that is eligible for a grant under section 455(f).''. (b) Improving the Collection of Past-Due Child Support From Federal Tax Refunds.-- (1) Amendment to the social security act.--Section 464 of the Social Security Act (42 U.S.C. 664) is amended by adding at the end the following: ``(d) Applicability to Indian Tribes and Tribal Organizations Eligible for a Grant Under This Part.--This section, except for the requirement to distribute amounts in accordance with section 457, shall apply to an Indian tribe or tribal organization eligible for a grant under section 455(f) in the same manner in which this section applies to a State with a plan approved under this part.''. (2) Amendment to the internal revenue code.--Subsection (c) of section 6402 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ```For purposes of this subsection, any reference to a State shall include a reference to any Indian tribe or tribal organization described in section 464(d) of the Social Security Act.''. SEC. 7. APPLICATION OF CLEAN RENEWABLE ENERGY BONDS TO TRIBES. (a) In General.--Section 54(j) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Indian tribal government.--The term `Indian tribal government' has the meaning given such term by section 7701(a)(40) and includes a subdivision of an Indian tribal government (determined in accordance with section 7871(d)), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing.''. (b) Allocation.--Section 54(f) of such Code is amended by adding at the end the following: ``(3) Special rule for indian tribal governments.-- ``(A) In general.--Notwithstanding subsection (m), there is a clean renewable energy bond limitation for Indian tribal governments of $200,000,000 for each of calendar years 2014, 2015, and 2016. ``(B) Allocation by secretary.--The Secretary shall allocate the amount described in subparagraph (A) among qualified projects in such manner as the Secretary determines appropriate, except that the Secretary may not allocate more than 20 percent of the national clean renewable energy bond limitation to finance any 1 qualified project.''. (c) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2014.

Tribal Tax and Investment Reform Act of 2013 - Amends the Internal Revenue Code (IRC) to include Indian tribal governments in an annual allocation of a national tax-exempt bond volume cap. Repeals the condition limiting an Indian tribal government's eligibility to issue tax-exempt bonds or to be exempt from specified excise taxes to the connection of those bonds and excise taxes to an essential government function. Amends the IRC and the Employee Retirement Income Security Act of 1974 to treat employee benefit plans maintained by Indian tribes and domestic relations orders issued pursuant to tribal law in the same manner as plans maintained by states and domestic relations orders issued pursuant to state law. Treats tribal charities and foundations in the same manner as charities and foundations funded and controlled by other governmental entities for purposes of the tax-exempt status of, and deduction for contributions to, such organizations. Amends the Social Security Act to give Indian tribes or tribal organizations access to the Federal Parent Locator Service if they are eligible for a grant to operate a child support enforcement program. Makes those tribes and tribal organizations eligible to participate in the program that collects past-due support from the federal tax refunds individuals are due. Amends the IRC to establish a clean renewable energy bond limitation for Indian tribal governments for each of calendar years 2014, 2015, and 2016. Prohibits the Secretary of the Treasury from allocating more than 20% of the national clean renewable energy bond limitation to finance any one project.

Tribal Tax and Investment Reform Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Beneficiary Protection Act of 2008''. SEC. 2. MEDICARE PLAN COMPLAINT SYSTEM. (a) System.--Section 1808 of the Social Security Act (42 U.S.C. 1395b-9) is amended-- (1) in subsection (c)(2)-- (A) in subparagraph (B)(iii), by striking ``adjustment; and'' and inserting ``adjustment);''; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(D) develop and maintain the plan complaint system under subsection (d).''; and (2) by adding at the end the following new subsection: ``(d) Plan Complaint System.-- ``(1) System.-- ``(A) In general.--The Secretary shall develop and maintain a plan complaint system, (in this subsection referred to as the `system') to-- ``(i) collect and maintain information on plan complaints; ``(ii) track plan complaints from the date the complaint is logged into the system through the date the complaint is resolved; and ``(iii) otherwise improve the process for reporting plan complaints. ``(B) Timeframe.--The Secretary shall have the system in place by not later than the date that is 6 months after the date of enactment of this subsection. ``(C) Plan complaint defined.--In this subsection, the term `plan complaint' means a complaint that is received (including by telephone, letter, e-mail, or any other means) by the Secretary (including by a regional office or the Medicare Beneficiary Ombudsman) from a Medicare Advantage eligible individual or a Part D eligible individual (or an individual representing such an individual) regarding Medicare Advantage organizations, Medicare Advantage plans, prescription drug plan sponsors, or prescription drug plans, including complaints relating to marketing, enrollment, covered drugs, premiums and cost-sharing, and participating providers. ``(2) Process criteria.--In developing the system, the Secretary shall establish a process for reporting plan complaints. Such process shall meet the following criteria: ``(A) Accessible.--The process is widely known and easy to use. ``(B) Investigative capacity.--The process involves the appropriate experts, resources, and methods to assess complaints and determine whether they reflect an underlying pattern. ``(C) Intervention and follow-through.--The process triggers appropriate interventions and monitoring based on substantiated complaints. ``(D) Quality improvement orientation.--The process guides quality improvement. ``(E) Responsiveness.--The process routinely provides consistent, clear, and substantive responses to complaints. ``(F) Timelines.--Each process step is completed within a reasonable, established time frame, and mechanisms exist to deal quickly with complaints of an emergency nature requiring immediate attention. ``(G) Objective.--The process is unbiased, balancing the rights of each party. ``(H) Public accountability.--The process makes complaint information available to the public. ``(3) Standard data reporting requirements.-- ``(A) In general.--The Secretary shall establish standard data reporting requirements for reporting plan complaints under the system. ``(B) Model electronic complaint form.--The Secretary shall develop a model electronic complaint form to be used for reporting plan complaints under the system. Such form shall be prominently displayed on the front page of the Medicare.gov Internet website and on the Internet website of the Medicare Beneficiary Ombudsman. ``(4) All complaints required to be logged into the system.--Every plan complaint shall be logged into the system. ``(5) Casework notations.--The system shall provide for the inclusion of any casework notations throughout the complaint process on the record of a plan complaint. ``(6) Medicare beneficiary ombudsman.--The Secretary shall carry out this subsection acting through the Medicare Beneficiary Ombudsman.''. (b) Funding.--There are authorized to be appropriated such sums as may be necessary for the costs of carrying out section 1808(d) of the Social Security Act, as added by subsection (a). (c) Reports.-- (1) Secretary.-- (A) Ongoing study.--The Medicare Beneficiary Ombudsman (under subsection (c) of section 1808) of the Social Security Act (42 U.S.C. 1395b-9) shall conduct an ongoing study of the plan complaint system established under subsection (d) of such section (as added by subsection (a)), in this subsection referred to as the ``system''. Such study shall include an analysis of-- (i) the numbers and types of complaints reported under the system; (ii) geographic variations in such complaints; (iii) the timeliness of agency or plan responses to such complaints; and (iv) the resolution of such complaints. (B) Quarterly reports.--Not later than 6 months after the implementation of the system, and every 3 months thereafter, the Secretary of Health and Human Services shall submit to Congress a report on the study conducted under subparagraph (A), together with recommendations for such legislation and administrative actions as the Secretary determines appropriate. (2) Inspector general.--The Inspector General of the Department of Health and Human Services shall conduct an evaluation of the system. Not later than 1 year after the implementation of the system, the Inspector General shall submit to Congress a report on such evaluation, together with recommendations for such legislation and administrative actions as the Inspector General determines appropriate. SEC. 3. REQUIREMENT FOR NON-NETWORK MEDICARE ADVANTAGE PRIVATE FEE-FOR- SERVICE PLANS TO DISCLOSE PROVIDERS THAT REFUSE TO ACCEPT ENROLLEES IN THE PLAN. (a) In General.--Section 1852(c)(1) of the Social Security Act (42 U.S.C. 1395w-22(c)(1)) is amended is amended by adding at the end the following new subparagraph: ``(J) In the case of a Medicare Advantage private fee-for-service plan that meets the access standards under subsection (d)(4), in whole or in part, through the establishment of payment rates meeting the requirements under subparagraph (A) of such subsection rather than through entering into written contracts as provided for under subparagraph (B) of such subsection, a list of providers in the service area of the plan who, during the previous 12 months, have refused to accept enrollees in the plan pursuant to the deeming provisions under subsection (j)(6).''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 90 days after the date of enactment of this Act. SEC. 4. PROHIBITION ON PROVIDING CERTAIN INDUCEMENTS AND ON COLD- CALLING, CROSS-SELLING, AND UP-SELLING IN THE MARKETING OF MA PLANS AND PRESCRIPTION DRUG PLANS. (a) Medicare Advantage Program.--Section 1851(h)(4) of the Social Security Act (42 U.S.C. 1395w-21(h)(4)) is amended-- (1) in subparagraph (A)-- (A) by inserting ``or provide for meals or other items of monetary value'' after ``rebates''; and (B) by striking ``, and'' at the end and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(C) shall not permit a Medicare Advantage organization to-- ``(i) market enrollment in a Medicare Advantage plan by telemarketing or in-home solicitation, ``(ii) engage in the cross-selling of non- Medicare products or services with products or services offered by a Medicare Advantage plan; or ``(iii) engage in up-selling from prescription drug plans under part D to Medicare Advantage plans, except that in no case shall the prohibitions under this subparagraph be construed as prohibiting such telemarketing, in-home solicitation, cross-selling, or up-selling that is conducted at the request of the individual.''. (b) Medicare Prescription Drug Program.--Section 1860D-4 of the Social Security Act (42 U.S.C. 1395w-104) is amended by adding at the end the following new subsection: ``(l) Prohibition on Certain Marketing Practices.--The limitations on marketing practices under section 1851(h)(4)(C) shall apply to a PDP sponsor and a prescription drug plan in the same manner as such limitations apply to Medicare Advantage organizations and Medicare Advantage plans.''. (c) Effective Date.--The amendments made by this section shall take effect on the date that is 90 days after the date of enactment of this Act. SEC. 5. ENROLLMENT IMPROVEMENTS UNDER MEDICARE PARTS C AND D. (a) Special Election Period During First 60 Days of Enrollment in a New Plan.-- (1) In general.--Section 1851(e)(4) of the Social Security Act (42 U.S.C. 1395w(e)(4)) is amended-- (A) in subparagraph (C), by striking ``or'' at the end; (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following new subparagraph: ``(D) the individual has been enrolled in such plan for fewer than 60 days; or''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on the date that is 90 days after the date of enactment of this Act. (b) Extension of the Annual, Coordinated Election Period.-- (1) In general.--Section 1851(e)(3)(B)(iv) of the Social Security Act (42 U.S.C. 1395w-1(e)(3)(B)(iv)) is amended by striking ``November 15'' and inserting ``October 1''. (2) Effective date.--The amendment made by paragraph (1) shall apply to annual, coordinated election periods beginning after the date of enactment of this Act. (c) Coordination Under Parts C and D of the Continuous Open Enrollment and Disenrollment Period for the First 3 Months of the Year.-- (1) In general.--Section 1860D-1(b)(1)(B)(iii) of the Social Security Act (42 U.S.C. 1395w-101(b)(1)(B)(iii)) is amended by striking ``, (C),''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on January 1, 2009.

Medicare Beneficiary Protection Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to develop and maintain a Medicare plan complaint system. Requires non-network Medicare Advantage private fee-for-service plans to disclose providers that refuse to accept certain enrollees in the plan. Prohibits certain marketing practices with respect to Medicare Advantage plans and prescription drug plans, including provision for meals or other items of monetary value, telemarketing, cross-selling, and up-selling. Revises enrollment requirements under Medicare parts C (Medicare+Choice) and D (Voluntary Prescription Drugs). Allows an individual to discontinue an election of a Medicare+Choice plan if enrolled fewer than 60 days. Changes the beginning date of the annual, coordinated election period for such a plan from November 15 to October 1. Requires the Secretary, in establishing a process for the enrollment, disenrollment, termination, and change of enrollment of part D eligible individuals in prescription drug plans, to use rules similar to (and coordinated with) those under the Medicare+Choice program for a continuous open enrollment and disenrollment period for the first three months of the year in which an individual first becomes eligible.

A bill to amend title XVIII of the Social Security Act to enhance beneficiary protections under parts C and D of the Medicare program.

SECTION 1. RECLAMATION FEE. (a) Rates.--Section 402(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(a)) is amended-- (1) by striking ``35 cents per ton'' and inserting ``28 cents per ton''; (2) by striking ``15 cents per ton'' and inserting ``12 cents per ton''; and (3) by striking ``10 cents per ton'' and inserting ``8 cents per ton''. (b) Establishment of Rates by Regulation.--Section 402(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking ``September 30, 2004, after which time the fee shall be established at a rate to continue to provide for the deposit referred to in subsection (h) of this section'' and inserting ``September 30, 2019. After that date, the Secretary shall, by regulation, establish the fee at a rate sufficient to provide for the transfers required under subsection (h)''. SEC. 2. TRANSFERS OF FUNDS. Section 402(h) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(h)) is amended to read as follows: ``(h) Transfers of Interest Earned by Fund.-- ``(1) In general.--The Secretary shall, as of the beginning of each fiscal year beginning on or after October 1, 2004, and before making any allocation with respect to the fiscal year under subsection (g), use an amount not to exceed the amount of interest that the Secretary estimates will be earned and paid to the fund during the fiscal year to make the transfers described in paragraph (2). ``(2) Transfers described.--The transfers referred to in paragraph (1) are the following: ``(A) A transfer to the United Mine Workers of America Combined Benefit Fund, in an amount equal to the difference between-- ``(i) the amount that the trustees of the Combined Benefit Fund estimate will be expended from the premium accounts maintained by the Combined Benefit Fund for the fiscal year of the fund in which the transfer is made; minus ``(ii) the amount the trustees of the Combined Benefit Fund estimate the Combined Benefit Fund will receive during such fiscal year in required health benefit premiums. ``(B) A transfer to the United Mine Workers of America 1992 Benefit Plan, in an amount equal to the difference between-- ``(i) the amount that the trustees of the 1992 Benefit Plan estimate will be expended from the 1992 Benefit Plan during the next calendar year to provide the benefits required by the 1992 Benefit Plan on the date of enactment of this subparagraph; minus ``(ii) the amount that the trustees of the 1992 Benefit Plan estimate the 1992 Benefit Plan will receive during such calendar year in required monthly per beneficiary premiums, including the amount of any security provided to the 1992 Benefit Plan that is available for use in the provision of benefits. ``(C) A transfer to the multiemployer health benefit plan established after July 20, 1992, by the parties that are the settlors of the 1992 Benefit Plan referred to in subparagraph (B), in an amount equal to the difference between-- ``(i) the amount that the trustees of the multiemployer health benefit plan estimate will be expended from such plan during the next calendar year, to provide benefits no greater than those provided by such plan on the date of enactment of this subparagraph; minus ``(ii) the amount of income that such trustees estimate such plan will receive during such calendar year. ``(3) Adjustment.--If, for any fiscal year, the amount of a transfer under subparagraph (A), (B), or (C) of paragraph (2) is more or less than the amount required to be transferred under that subparagraph, the Secretary shall appropriately adjust the amount transferred under that subparagraph for the next fiscal year. ``(4) Additional amounts.-- ``(A) Previously credited interest.-- Notwithstanding any other provision of law, any interest credited to the fund that has not previously been transferred to the Combined Benefit Fund referred to in paragraph (2)(A) under this section shall be used-- ``(i) to transfer to the Combined Benefit Fund such amounts as are estimated by the trustees of the Combined Benefit Fund to offset the amount of any deficit in net assets in the Combined Benefit Fund; and ``(ii) to the extent any such interest remains after the transfer under clause (i), to make the transfers described in subparagraphs (A), (B), and (C) of paragraph (2). ``(B) Previously allocated amounts.--All amounts allocated under subsection (g)(2), including interest, before the date of enactment of this subparagraph for the program set forth under section 406, but not appropriated prior to such date, shall be available to the Secretary to make the transfers described in paragraph (2). ``(5) Limitations.-- ``(A) The Secretary may make transfers under subparagraphs (B) and (C) of paragraph (2) for a fiscal year only if the Secretary determines, using actuarial projections provided by the trustees of the Combined Benefit Fund referred to in paragraph (2)(A), that amounts will be available under paragraph (1), after such transfer, for the next fiscal year for making the transfer under paragraph (2)(A). ``(B) A transfer under paragraph (2)(C) shall not be made for a fiscal year unless the persons that are obligated to contribute to the plan referred to in paragraph (2)(C) on the date of the transfer are obligated to make such contributions at rates that are no less than those in effect on the date of enactment of this subparagraph.''

Amends the Surface Mining Control and Reclamation Act of 1977 to reduce reclamation fees required to be paid by operators of coal mining operations. Revises the statutory formula under which the Secretary of the Interior is required to transfer funds from the Abandoned Mine Reclamation Fund to: (1) United Mine Workers of America Combined Benefit Fund; (2) United Mine Workers of America 1992 Benefit Plan; and (3) the multiemployer health benefit plan established after July 1991, by the parties that are settlors of the 1992 Benefit Plan. Prescribes guidelines for transfer by the Secretary of additional amounts of previously credited interest and previously allocated amounts.

A bill to amend the Surface Mining Control and Reclamation Act of 1977 to reduce the amounts of reclamation fees, to modify requirements relating to transfers from the Abandoned Mine Reclamation Fund, and for other purposes.

SECTION 1. SHORT TITLE. This title may be cited as the ``Gila River Indian Community-- Phelps Dodge Corporation Water Rights Settlement Act of 1999'' and is herein referred to as ``this Act''. SEC. 2. CONSTITUTIONAL AUTHORITY. The Constitutional authority upon which this Act rests is the power of Congress to regulate commerce with foreign nations and among the Several States and with the Indian tribes, as set forth in section 8 of Article I of the United States Constitution. SEC. 3. PURPOSE. It is the purpose of this Act-- (1) to ratify, approve and confirm the Settlement Agreement among the Gila River Indian Community, Phelps Dodge Corporation, and the United States of America; (2) to authorize and direct the Secretary of the interior to execute and perform his duties under the Settlement Agreement and this Act; and (3) to authorize and direct the Secretary to perform certain actions which will assist in achieving a settlement of the water rights claims of certain Indian tribes in the Little Colorado River Basin in Arizona. SEC. 4. DEFINITIONS. As used in this Act, the following terms have the following meaning: (1) ``Allottees'' shall mean the owners of beneficial interests in allotted land within the Gila River Indian Reservation. (2) ``Blue Ridge Reservoir'' means that Reservoir in Navajo County, Arizona, owned by Phelps Dodge, as more fully described in the Settlement Agreement. (3) ``CAP'' shall mean the Central Arizona Project, a reclamation project constructed by the United States pursuant to the Colorado River Basin Project Act of September 30, 1968, 82 Stat. 885, as amended. (4) ``CAWCD'' shall mean the Central Arizona Water Conservation District, a political subdivision of the State of Arizona, which has executed a contract to repay to the United States the reimbursable costs of the CAP. (5) ``Community'' shall mean the Gila River Indian Community, an Indian community organized under section 16 of the Indian Reorganization Act of June 18, 1934, 48 Stat. 987, duly recognized by the Secretary, and its members. (6) ``Community's CAP Contract'' shall mean that contract between the Gila River Indian Community and the United States, dated October 22, 1992, providing for the delivery to the Gila River Indian Community of up to 173,100 acre-feet per annum of CAP water. (7) ``Globe Equity No. 59'' shall mean the decree entered June 29, 1935, in that action styled as The United States of America v. Gila Valley Irrigation District, et al., Globe Equity No. 59 in the District Court of the United States in and for the District of Arizona, as amended and supplemented. (8) ``Hopi tribe'' shall mean the federally recognized Indian tribe of that name. (9) ``Navajo Nation'' shall mean the federally recognized Indian tribe of that name. (10) ``Phelps Dodge'' shall mean Phelps Dodge Corporation, a New York corporation, its subsidiaries, affiliates, predecessors, successors and assigns. (11) ``Pueblo of Zuni'' shall mean the federally recognized Indian tribe of that name. (12) ``Reservation'' shall mean the Gila River Indian Reservation, as it existed on the Initial Effective Date of the Settlement Agreement, as shown on the map attached to the Settlement Agreement as exhibit ``B'' thereto. (13) ``San Juan Southern Paiute Tribe'' shall mean the federally recognized Indian tribe of that name. (14) ``Secretary'' shall mean the Secretary of the Interior or his lawful designee. (15) ``Settlement Agreement'' shall mean that agreement dated as of May 4, 1998, among Phelps Dodge, the Community and the United States. (16) ``SRP'' shall mean the Salt River Project Agricultural Improvement and Power District, a political subdivision of the State of Arizona, and the Salt River Valley Water Users' Association, an Arizona corporation. (17) ``United States'' shall mean the United States of America, in its capacity as trustee for the Community and of the Reservation; as trustee for the Allottees and of allotted lands on the Reservation; and, with respect to section 5.2 of the Settlement Agreement, in all other capacities required in order to execute the agreements and other instruments and to take the actions referred to in section 5.2 of the Settlement Agreement, including acting for the part of Defense Plant Corporation. SEC. 5. APPROVAL OF SETTLEMENT AGREEMENT. The Settlement Agreement is ratified, approved and confirmed. The Secretary shall execute the Settlement Agreement within sixty days of the enactment of this Act and shall perform all of the Secretary's duties thereunder as provided herein and in the Settlement Agreement. SEC. 6. TRANSFER OF RESERVOIRS. The Secretary shall take all actions specified in section 5.0 of the Settlement Agreement necessary on the Secretary's part to obtain title to Blue Ridge Reservoir from Phelps Dodge. The title to Blue Ridge Reservoir, once acquired by the Secretary, shall be held by the Secretary in trust for the benefit of the Navajo Nation. In connection with the Secretary's performance of his obligations under section 5.0 of the Settlement Agreement, the Navajo Nation, the Hopi Tribe, the San Juan Southern Paiute Tribe, the Pueblo of Zuni, and the United States, on behalf of each of them, are authorized to execute waivers of claims against Phelps Dodge and agreements not to object to certain uses of water by Phelps Dodge in substantially the form of exhibits ``E'' and ``J'' to the Settlement Agreement, which waivers and agreements are hereby ratified, approved and confirmed. The Navajo Nation, and the United States on behalf of the Navajo Nation, is further authorized to enter into an agreement with the Arizona Game & Fish Department confirming a minimum pool of water in Blue Ridge Reservoir and for other purposes in substantially the form of exhibits ``G'' and ``I'' to the Settlement Agreement, which agreements are hereby ratified, approved and confirmed. SEC. 7. REALLOCATION OF CAP WATER. Simultaneously with the transfer of Blue Ridge Reservoir to the United States as provided for in section 6 of this Act, the Secretary shall: (i) reallocate to the Community 12,000 acre-feet of the CAP water available to the Secretary pursuant to section 406(b) of title IV of Public Law 101-628, 104 Stat. 4483; (ii) amend the Community's CAP Contract to include the CAP water reallocated to the Community pursuant to this section; and, (iii) amend the Community's CAP Contract to extend the term thereof to 100 years, plus such additional term as may result from the exercise of the option provided for in, or other extension of, the Lease referred to in section 8 of this Act. (1) All water service capital charges and other capital charges of any nature associated with the CAP water reallocated to the Community pursuant to this Act shall be non-reimbursable to the United States by the Community. (2) All water service capital charges and other capital charges of any nature associated with 10,000 acre-feet of that CAP water currently available to the Community under the Community's CAP Contract which shares a priority with 510,000 acre-feet of non-Indian municipal and industrial CAP water shall be non-reimbursable to the United States by the Community. (3) For purposes of determining the allocation and repayment of costs of the CAP as provided in article 9.3 of Contract Number 14-0906-09W-09245, amendment No. 1, between the United States and CAWCD dated December 1, 1988, and any amendment or revision thereof, all of the water service capital charges and other capital charges of any nature associated with the water described in subsections 7(a) and 7(b) of this Act shall be non-reimbursable and shall be excluded from CAWCD's repayment obligation. (4) The United States shall either-- (A) not charge operation, maintenance, and replacement (OM&R) charges to the Community on the first 8,000 acre-feet of CAP water made available to the Community pursuant to this Act, and shall itself pay any such charges as are associated with such 8,000 acre-feet of CAP water; or (B) charge the Community only that portion of the OM&R charges associated with electrical energy pumping for the entire 12,000 acre-feet of CAP water made available to the Community pursuant to this Act, and shall itself pay other OM&R charges associated with such 12,000 acre-feet of CAP water. (5) In the event the CAP water made available to the Community pursuant to this Act is leased to Phelps Dodge as provided for in section 8 of this Act, the charges by the United States to Phelps Dodge for such water when delivered under the Lease shall be as provided in subsections (d)(1) or (d)(2) of this section 6. (6) In the event the exchange provided for in section 8 of this Act is not approved, the Secretary shall reallocate to Phelps Dodge 8,000 acre-feet of the CAP water referred to in subsection 6(b) hereof, shall amend the Community's CAP contract to reflect such reallocation, and shall enter into a contract with Phelps Dodge for permanent service for the delivery of such water to Phelps Dodge through the works of the CAP. The CAP water shall be free of all capital charges as provided in subsections 7(b) and 7(c) of this Act. The United States shall charge Phelps Dodge OM&R charges for such water only as provided in either subsections 7(d)(1) or 7(d)(2) hereof and shall itself pay such portions of the OM&R charges as are not paid by Phelps Dodge. (7) The provisions of section 226 of Public Law 97-293 (96 Stat. 1273, 43 U.S.C. 485h(f)) shall not apply to actions taken by the Secretary pursuant to sections 7, 8, or 9 of this Act. SEC. 8. CAP WATER LEASE. The Lease referred to in section 7.0 of the Settlement Agreement and attached thereto as exhibit ``M'' is hereby ratified, approved and confirmed. Notwithstanding the preceding sentence, the Lease shall not be effective as to the United States, and the Secretary shall not execute the Lease, until all environmental compliance associated with the Secretary's execution of the Lease has been completed and the exchange referred to in section 9 of this Act has been approved as provided in that section. In the event the Lease becomes effective, the Secretary and the Community may renew or extend the Lease at the end of the initial term, or any extended term of the Lease provided for in the initial Lease, upon such terms as the Community, the Secretary and Phelps Dodge may agree, provided that any such renewal or extension shall not exceed 100 years in term. Subject to the completion of environmental compliance, CAP water made available pursuant to the Lease may be used in the manner and at the locations provided for therein, including exchange for use in any county in Arizona outside the CAWCD service area. SEC. 9. EXCHANGE AGREEMENT. The Secretary and the Community are authorized to enter into an exchange agreement with Phelps Dodge pursuant to which the CAP water leased to Phelps Dodge by the Community under the Lease authorized under section 8 of this Act is delivered by Phelps Dodge to the Community in return for the right to divert water from the Gila River upstream of the Reservation. The term of any such exchange agreement, if approved as required by this section, shall be for 100 years, plus any additional term occasioned by the exercise of the option contained in the Lease or other extension authorized in the Lease or this Act. The Secretary shall commence negotiations with respect to the exchange agreement forthwith upon the enactment of this Act and shall process all environmental compliance associated with the exchange agreement and the Lease in an expeditious manner. The Secretary shall not execute the exchange agreement until all such environmental compliance has been finally concluded as provided in the Settlement Agreement and any necessary order approving the exchange, or any aspect of the exchange, has been obtained from the United States District Court in Globe Equity No. 59 and the order is final and subject to no further appeal. SEC. 10. APPROVAL OF WAIVERS. The waivers set forth in section 9.0 of the Settlement Agreement shall be effective, and shall be binding upon, the Community, and the United States, on behalf of the Community and the Allottees, from and after the date either of the conditions set forth in section 4(c) of the Settlement Agreement occurs. The United States is authorized and directed to execute the Settlement Agreement on behalf of the Allottees in its capacity as trustee for the Allottees and of allotted lands on the Reservation, and the Settlement Agreement shall be binding upon the Allottees. SEC. 11. MISCELLANEOUS. (a) Execution of the Settlement Agreement by the Secretary as required by this Act, and the Secretary's performance of the actions necessary to acquire title to Blue Ridge Reservoir for the benefit of the Navajo Nation pursuant to section 5.0 of the Settlement Agreement shall not constitute major Federal actions under the National Environmental Policy Act (42 U.S.C. 4321 et seq.). The Secretary shall carry out all environmental compliance required by sections 8 and 9 of this Act. Nothing in this Act shall be construed as exempting the United States from carrying out environmental compliance associated with the use of water from Blue Ridge Reservoir by the United States for the benefit of the Navajo Nation in the Little Colorado River Basin in Arizona. (b) The Navajo Nation, and the United States on behalf of the Navajo Nation, are authorized to enter into an agreement with the Town of Payson, Arizona, and the unincorporated communities of Pine and Strawberry, Arizona (``the Towns'') or any one of them, to subordinate water rights held in Blue Ridge Reservoir by the United States for the benefit of the Navajo Nation to rights to the use of not to exceed a cumulative total of 3,000 acre-feet per annum of water in Blue Ridge Reservoir acquired by the Towns pursuant to the law of the State of Arizona. (c) The Navajo Nation, and the United States on behalf of the Navajo Nation, are authorized to enter into an agreement with Phelps Dodge to subordinate water rights held in Blue Ridge Reservoir by the United States on behalf of the Navajo Nation to water rights acquired by Phelps Dodge in Blue Ridge Reservoir subsequent to the date of the enactment of this Act pursuant to the law of the State of Arizona for use on land owned by Phelps Dodge around Blue Ridge Reservoir identified in the Settlement Agreement. The term of any such agreement and the consideration to be paid therefor shall be as agreed to among the Navajo Nation and Phelps Dodge. (d) With regard to the environmental compliance required for the actions contemplated in sections 8 and 9 of this Act, the Bureau of Reclamation shall be designated as the lead agency, and shall coordinate and cooperate with the other affected Federal agencies as required under applicable Federal environmental laws. (e) The Secretary and the Community are authorized to execute any amendments of the Settlement Agreement and to perform any action required by any amendments to the Settlement Agreement which may be mutually agreed upon by the parties. (f) Except for the waivers authorized by section 6 of this Act, nothing in this Act or the Settlement Agreement shall be construed to quantify or otherwise affect the water rights, claims or entitlement to water of any Arizona tribe, band or community or of any claimant in the Gila River Adjudication, other than the Community, the United States on behalf of the Community and the Allottees, and Phelps Dodge. (g) Any party to the Settlement Agreement, and to the Lease and the exchange agreement referred to in sections 8 and 9 of this Act, respectively, if the same are approved, may bring an action or actions exclusively in the United States District Court for the District of Arizona for the interpretation and enforcement of this Act, the Settlement Agreement, the Lease and the exchange agreement, naming the United States and the Community as parties, and in any such action or actions, any claim by the United States or the Community to sovereign immunity from suit is hereby waived.

Gila River Indian Community-Phelps Dodge Corporation Water Rights Settlement Act of 1999 - Ratifies, approves, and confirms the May 4, 1998, settlement agreement among Phelps Dodge Corporation, the Gila River Indian Community, and the United States (agreement). Directs the Secretary of the Interior or his lawful designee (Secretary) to execute, and perform all of the Secretary's duties under, the agreement. (Sec. 6) Directs that: (1) the Secretary take all actions specified in the agreement necessary on the Secretary's part to obtain title to Blue Ridge Reservoir from Phelps Dodge; and (2) title to the Reservoir be held by the Secretary in trust for the benefit of the Navajo Nation. (Sec. 7) Directs the Secretary, simultaneously with the transfer of the Reservoir to the United States, to: (1) reallocate to the Community 12,000 acre-feet of Central Arizona Project (CAP) water; (2) amend the Community's CAP Contract to include the reallocated water; and (3) extend the Community's CAP Contract to 100 years, plus such additional term as may result from the exercise of the option provided for in, or other extension of, the lease referred to in the agreement. Sets forth provisions regarding nonreimbursability of water service and other capital charges and operation, maintenance, and replacement charges to the Community. (Sec. 8) Ratifies, approves, and confirms a lease referred to in the agreement. Makes such lease ineffective as to the United States and directs the Secretary not to execute it, until environmental compliance has been completed and the exchange has been approved. Allows the Secretary and the Community to renew or extend the lease at the end of the initial or any extended term as the Community, the Secretary, and Phelps Dodge may agree, with a limitation. (Sec. 9) Authorizes the Secretary and the Community to enter into an exchange agreement under which CAP water leased to Phelps Dodge by the Community is delivered by Phelps Dodge to the Community in return for the right to divert water from the Gila River upstream of the Gila River Indian Reservation. Sets the term of any such exchange agreement at 100 years, plus any additional term occasioned by the exercise of the option contained in the lease or other authorized extension. Directs the Secretary to commence negotiations regarding the exchange agreement and to process all associated environmental compliance expeditiously. Prohibits the Secretary from executing the exchange agreement until: (1) all such environmental compliance has been finally concluded; (2) any necessary order approving the exchange, or any aspect of the exchange, has been obtained from the U.S. district court; and (3) the order is final and subject to no further appeal. (Sec. 10) Makes specified waivers of the agreement effective, and binding upon the Community and the United States, on behalf of the Community and the owners of beneficial interests in allotted land within the Reservation (allottees), after the date certain conditions set forth in the agreement occur. Directs the United States to execute the agreement on behalf of the allottees in its capacity as trustee of allotted lands on the Reservation. Makes the agreement binding upon the allottees. (Sec. 11) Authorizes the Navajo Nation, and the United States on its behalf, to enter into an agreement with: (1) the town of Payson, Arizona, or the unincorporated communities of Pine and Strawberry, Arizona (the towns), to subordinate water rights held in the Reservoir by the United States for the benefit of the Navajo Nation to rights to the use of up to 3,000 acre-feet per annum of water in the Reservoir acquired by the towns under Arizona law; and (2) Phelps Dodge to subordinate water rights held in the Reservoir by the United States on behalf of the Navajo Nation to water rights acquired by Phelps Dodge in the Reservoir subsequent to this Act's enactment under Arizona law for use on land owned by Phelps Dodge around the Reservoir identified in the agreement. Designates the Bureau of Reclamation as the lead agency with regard to environmental compliance. Authorizes any party to the agreement, and to the lease and exchange agreement, if approved, to bring suit in the U.S. district court for the district of Arizona for the interpretation and enforcement of this Act, the agreement, the lease, and exchange agreement and waives claims by the United States or the Community to sovereign immunity.

Gila River Indian Community-Phelps Dodge Corporation Water Rights Settlement Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Play Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) June 23, 1997, marks the 25th anniversary of the signing of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) into law, and on that day communities across the United States will honor the tremendous difference such title IX has made to women and girls in our Nation. (2) Since enactment in 1972, such title IX has played a vital role in expanding the athletic opportunities available to American girls and women. (3) Prior to the enactment of such title IX, fewer than 32,000 women competed in intercollegiate athletics, women received only 2 percent of schools' athletic budgets, and athletic scholarships for women were practically nonexistent. (4) In 1997, more than 110,000 women competed in intercollegiate sports, and women account for 37 percent of college varsity athletes. (5) While such title IX has been very successful, a significant gap remains between the athletic opportunities available to men and the athletic opportunities available to women. (6) According to a 1997 study by the National Collegiate Athletic Association, female college athletes receive only 23 percent of athletic operating budgets, 38 percent of athletic scholarship dollars, and 27 percent of the money spent to recruit new athletes. (7) While women represent 53 percent of the students attending institutions of higher education, women comprise only 37 percent of the athletes attending institutions of higher education. (8) There is substantial evidence that women and girls who participate in athletics have better physical and emotional health than women and girls who do not participate, and that participation in athletics can improve academic achievement. (9) Easily accessible information regarding the expenditures of institutions of higher education for women's and men's athletic programs will help prospective students and prospective student athletes make informed judgments about the commitment of a given institution of higher education to providing athletic opportunities to male and female students attending the institution. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to make information regarding men's and women's athletic programs at institutions of higher education easily available to prospective students and prospective student athletes; and (2) to increase the athletic opportunities available to women at institutions of higher education. SEC. 4. INFORMATION AVAILABILITY. Section 485(g) of the Higher Education Act of 1965 (20 U.S.C. 1092(g)) is amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following: ``(4) Submission; report; information availability.--(A) Each institution of higher education described in paragraph (1) shall provide to the Secretary, within 15 days of the date that the institution makes available the report under paragraph (1), the information contained in the report. ``(B) The Secretary shall prepare a report regarding the information received under subparagraph (A) for each year by April 1 of the year. The report shall-- ``(i) summarize the information and identify trends in the information; ``(ii) aggregate the information by divisions of the National Collegiate Athletic Association; and ``(iii) contain information on each individual institution of higher education. ``(C) The Secretary shall ensure that the report described in subparagraph (B) is made available on the Internet within a reasonable period of time. ``(D) The Secretary shall establish, within a reasonable period of time, a toll-free telephone service-- ``(i) to provide the public with information regarding reports described in subparagraph (B); ``(ii) to provide the public with information regarding the information received under subparagraph (A); and ``(iii) to respond to inquiries from the public regarding the provisions of title IX of the Education Amendments of 1972. ``(E) The Secretary shall use the information provided by institutions of higher education under paragraph (1) to ensure compliance with title IX of the Education Amendments of 1972. ``(F) The Secretary shall notify, not later than 180 days after the date of enactment of this paragraph, all secondary schools in all States regarding the availability of the information reported under subparagraph (B) and the information made available under paragraph (1), and how such information may be accessed.

Fair Play Act - Amends the Higher Education Act of 1965 to require: (1) each institution of higher education to provide the Secretary of Education with information regarding men's and women's athletic programs; and (2) the Secretary to prepare a report based on such information, which shall be made available on the Internet. Requires the Secretary to establish a toll-free telephone service to provide the public with information regarding such reports and respond to inquiries about title IX of the Education Amendments of 1972 and athletic opportunities for girls and women.

Fair Play Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Utah Recreational Lands Exchange Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds and declares that-- (1) Areas surrounding the Colorado River in Grand County, Utah, Dinosaur National Monument in Uintah County, Utah, and the Book Cliffs area of Uintah County, Utah, contain nationally recognized scenic values, significant archaeological and historic resources, valuable wildlife habitat, and outstanding opportunities for public recreation that are enjoyed by hundreds of thousands of people annually. (2) In these areas, the State of Utah owns multiple parcels of lands granted by Congress to the State pursuant to the Utah Enabling Act of 1894 (chapter 138; 23 Stat. 107), to be held in trust for the benefit of the State's public school system and other public institutions. The lands are largely scattered in checkerboard fashion amid the Federal lands comprising the remainder of the Colorado River corridor, Dinosaur National Monument and Book Cliffs areas. (3) These State trust lands were granted for the purpose of generating financial support for Utah's public schools through sale or development of natural resources, and the lands are held in trust under State and Federal law for the benefit of the public school system of the State and other beneficiary institutions. (4) State trust lands in the Colorado River corridor, Dinosaur National Monument, and Book Cliffs areas contain significant natural and recreational values, including portions of Westwater Canyon of the Colorado River, the nationally- recognized Kokopelli and Slickrock trails, several of the largest natural rock arches in the United States, multiple wilderness study areas and proposed wilderness areas, and viewsheds for Arches National Park and Dinosaur National Monument. (5) The large presence of State trust lands located within the Colorado River corridor, Dinosaur National Monument, and Book Cliffs areas make land and resource management in the areas more difficult, costly, and controversial for both the State of Utah and the United States. (6) Development of Utah State trust lands in these areas in accordance with the purpose for which the lands were granted could be incompatible with management of such areas for recreational, natural, and scenic values. (7) The United States owns lands and interests in lands elsewhere in Utah that can be transferred to the State of Utah in exchange without jeopardizing Federal management objectives or needs. (8) It is in the public interest to enact legislation authorizing an exchange of other federally owned lands in Utah for the Utah State trust lands located within the Colorado River corridor, Dinosaur National Monument and Book Cliffs areas, on terms fair to the State of Utah and the United States. (b) Purpose.--It is the purpose of this Act to authorize, direct, facilitate and expedite the land exchange described herein in order to further the public interest by disposing of Federal lands with limited recreational and conservation values and acquiring in exchange therefore State trust lands with important recreational, scenic, and conservation values for permanent public management and use. SEC. 3. DEFINITIONS. In this Act: (1) Offered lands.--The term ``Offered Lands'' means the Utah State school trust lands described in section 4(b) to be conveyed to the United States under this Act. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Selected lands.--The term ``Selected Lands'' means the public lands described in section 4(c) to be conveyed to the State under this Act. (4) State.--The term ``State'' means the State of Utah. SEC. 4. LAND EXCHANGE. (a) Condition.--The exchange directed by this section shall be consummated if, not later than 30 days after the date of enactment of this Act, the State offers to transfer to the United States the Offered Lands. (b) Conveyance of Offered Lands by State.--In accordance with this Act, the State shall convey to the United States by State patent acceptable to the Secretary, subject to valid existing rights, all right, title, and interest of the State in and to the following Offered Lands: (1) Certain land comprising approximately ____ acres and located in the Colorado River corridor in Grand County, Utah, as generally depicted on a map entitled ``Utah Recreational Land Exchange Offered Lands'', dated October 2004. (2) Certain land comprising approximately ____ acres and located in the vicinity of Dinosaur National Monument in Uintah County, Utah, also as generally depicted on the map entitled ``Utah Recreational Land Exchange Offered Lands'', dated October 2004. (3) Certain land comprising approximately ____ acres and located in the Book Cliffs area of Uintah County, Utah, also as generally depicted on the map entitled ``Utah Recreational Land Exchange Offered Lands'', dated October 2004. (c) Conveyance of Selected Land by the United States.--At the time of receipt of title to the Offered Lands, the Secretary shall simultaneously convey to the State all right, title, and interest of the United States, subject to valid existing rights, in and to certain land comprising approximately ______ acres and located in Grand and Uintah Counties, Utah, as generally depicted on a map entitled ``Utah Recreational Land Exchange Selected Lands'', dated October 2004. SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALIZATION. (a) Equal Value Exchange.--The values of the Offered Lands and Selected Lands-- (1) shall be approximately equal; or (2) if the values are not approximately equal, values shall be made approximately equal in accordance with subsection (e) or (f). (b) Appraisals.--The values of the Offered Lands and Selected Lands shall be determined by appraisals using comparable sales of surface and subsurface property and nationally recognized appraisal standards, including, to the extent appropriate, the Uniform Appraisal Standards for Federal Land Acquisitions (1992), the Uniform Standards of Professional Appraisal Practice, and section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)) and its implementing regulations. The appraisals of the Offered Lands and the Selected Lands shall consider all otherwise comparable public and private sales without regard to whether such lands were acquired for conservation or preservation purposes, or the governmental or non- profit status of the entity making the acquisition. If value is attributed to minerals subject to lease under Federal mineral leasing laws, then such value shall be proportionately adjusted to reflect Federal mineral revenue sharing, upon the condition that the Utah School and Institutional Trust Lands Administration shall assume the revenue sharing obligation of the United States with respect to that land. (c) Appraisals; Review by Secretary and State.--The State shall contract for appraisals of the Offered Lands and the Selected Lands with an independent third-party appraiser or appraisers jointly selected from a list approved by both the State and the Secretary. The list shall be approved not later than 30 days after the State offers the Offered Lands in accordance with subsection (a). Completed appraisals shall be submitted to the Secretary and the State for review not later than 120 days after selection of the appraisers. (d) Resolution of Disagreement.--The Secretary and the State shall independently review and approve or disapprove appraisals submitted pursuant to subsection (c) not later than 90 days after receipt of such appraisals. If the Secretary and the State are unable to agree on the value of a parcel of land, the value may, by mutual agreement, be determined in accordance with the methods set forth in sections 206(d)(2) and 206(d)(4) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)(2), (4)). If, one year after the date of the enactment of this Act, the parties have not agreed upon the value of any parcel or parcels involved in the exchange, any appropriate United States District Court, including the United States District Court for the District of Utah, Central Division, shall have jurisdiction to hear, determine, and render judgment on the value of such lands. No action provided for in this subsection may be filed with the Court sooner than 1 year or later than 3 years after the date of the enactment of this Act. (e) Equalization If Surplus of Offered Lands.--In general if, after the completion of the appraisal and dispute resolution process set forth in subsections (b), (c), and (d), the final value of the Offered Lands exceeds the final value of the Selected Lands the Secretary shall delete Offered Lands from the exchange until the values are approximately equal. (f) Equalization If Surplus of Selected Land.--In general if, after the completion of the appraisal and dispute resolution process set forth in subsections (b), (c), and (d), the final value of the Selected Lands exceeds the final value of the Offered Lands-- (1) the State and the Secretary may mutually agree to delete lands from the Selected Lands until the values are approximately equal; or (2) the State and the Secretary may mutually agree to add additional State trust lands to the Offered Lands, provided the additional lands have been previously appraised pursuant to an ongoing Federal acquisition process or program and the appraised value has been accepted by the Secretary. SEC. 6. MISCELLANEOUS PROVISIONS. (a) Land Status.-- (1) Administration of lands acquired by united states.--In accordance with the provisions of section 206(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(c)), all lands acquired by the United States pursuant to this Act shall upon acceptance of title by the United States and without further action by the Secretary become part of and be managed as part of the administrative unit or area within which they are located. The payment of mineral revenues from the acquired lands shall be subject to the provisions of section 35 of the Mineral Leasing Act (30 U.S.C. 2191). (2) Withdrawal of selected land.--Subject to valid existing rights, the Federal lands described in subsection (c)(2) are hereby withdrawn from disposition under the public land laws and from location, entry, and patent under the mining laws of the United States, from the operation of the mineral leasing laws of the United States, from operation of the Geothermal Steam Act of 1970, and from the operation of the Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 and following). (b) Grazing Permits.-- (1) In general.--On all lands exchanged under this Act, the party acquiring title to such lands shall honor, for the remainder of the applicable term, all leases, permits, and contracts for the grazing of domestic livestock, and the related terms and conditions of user agreements on exchanged lands, including permitted stocking rates, grazing fee levels, access rights, and ownership and use of range improvements. Upon expiration of any lease or permit, the holder shall be entitled to a preference right to renew such lease or permit to the extent provided by Federal or State law. Nothing in this Act shall prevent the State from canceling any grazing permit when the underlying land is sold, conveyed, transferred, or leased for nongrazing purposes by the State. (2) Base properties.--In any instance where lands conveyed by the State under this Act are used by a grazing permittee or lessee to meet the base property requirements for a Federal grazing permit or lease, such lands shall continue to qualify as base properties for the remaining term of the lease or permit and any renewal or extensions thereof. (c) Hazardous Materials.--The Secretary and, as a condition of the exchange, the State shall make available for review and inspection all pertinent records relating to hazardous materials (if any) on the lands to be exchanged pursuant to this Act. The responsibility for costs of remedial action related to such materials shall be borne by those entities responsible under existing law. (d) Timing.--The land exchange authorized under this Act shall be complete not later than 330 days after the date on which the State makes the Secretary an offer to exchange under section 4(a), unless the Secretary and the State agree to extend the date of the completion of the land exchange. (e) Provisions Relating to Federal Lands.--The enactment of this Act shall be construed as satisfying the provisions of section 206(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(a)) requiring that exchanges of lands be in the public interest.

Utah Recreational Lands Exchange Act - Directs the State of Utah to convey to the United States specified Utah State school trust lands located in the Colorado River Corridor of Grand County, in the vicinity of Dinosaur National Monument in Uintah County, and in the Book Cliffs area of Uintah County, Utah. Requires the Secretary of the Interior simultaneously to convey to Utah specified public land located in those counties. Requires the value of the exchanged lands to be approximately equal or to be equalized, following appraisal and a specified dispute resolution process, by adding or subtracting lands.

To authorize and direct the exchange of lands in Grand and Uintah Counties, Utah, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Unemployment Benefits Extension Act of 2010''. SEC. 2. EXTENSION OF UNEMPLOYMENT INSURANCE PROVISIONS. (a) In General.--(1) Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (A) by striking ``November 30, 2010'' each place it appears and inserting ``January 3, 2012''; (B) in the heading for subsection (b)(2), by striking ``november 30, 2010'' and inserting ``january 3, 2012''; and (C) in subsection (b)(3), by striking ``April 30, 2011'' and inserting ``June 9, 2012''. (2) Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 444), is amended-- (A) by striking ``December 1, 2010'' each place it appears and inserting ``January 4, 2012''; and (B) in subsection (c), by striking ``May 1, 2011'' and inserting ``June 11, 2012''. (3) Section 5 of the Unemployment Compensation Extension Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking ``April 30, 2011'' and inserting ``June 10, 2012''. (b) Funding.--Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (1) in subparagraph (E), by striking ``and'' at the end; and (2) by inserting after subparagraph (F) the following: ``(G) the amendments made by section 2(a)(1) of the Emergency Unemployment Benefits Extension Act of 2010; and''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Unemployment Compensation Extension Act of 2010 (Public Law 111-205). SEC. 3. TEMPORARY MODIFICATION OF INDICATORS UNDER THE EXTENDED BENEFIT PROGRAM. (a) Indicator.--Section 203(d) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended, in the flush matter following paragraph (2), by inserting after the first sentence the following sentence: ``Effective with respect to compensation for weeks of unemployment beginning after the date of enactment of the Emergency Unemployment Benefits Extension Act of 2010 (or, if later, the date established pursuant to State law), and ending on or before December 31, 2011, the State may by law provide that the determination of whether there has been a state `on' or `off' indicator beginning or ending any extended benefit period shall be made under this subsection as if the word `two' were `three' in subparagraph (1)(A).''. (b) Alternative Trigger.--Section 203(f) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: ``(2) Effective with respect to compensation for weeks of unemployment beginning after the date of enactment of the Emergency Unemployment Benefits Extension Act of 2010 (or, if later, the date established pursuant to State law), and ending on or before December 31, 2011, the State may by law provide that the determination of whether there has been a state `on' or `off' indicator beginning or ending any extended benefit period shall be made under this subsection as if the word `either' were `any', the word `both' were `all', and the figure `2' were `3' in clause (1)(A)(ii).''. SEC. 4. RESCISSION OF UNSPENT FEDERAL FUNDS TO OFFSET LOSS IN REVENUES. (a) In General.--Notwithstanding any other provision of law, of all available unobligated funds, $95,000,000,000 in appropriated discretionary funds are hereby permanently rescinded. (b) Implementation.--The Director of the Office of Management and Budget shall determine and identify from which appropriation accounts the rescission under subsection (a) shall apply and the amount of such rescission that shall apply to each such account. Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit a report to the Secretary of the Treasury and Congress of the accounts and amounts determined and identified for rescission under the preceding sentence. (c) Exception.--This section shall not apply to the unobligated funds of the Department of Defense or the Department of Veterans Affairs. SEC. 5. BUDGETARY PROVISIONS. 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, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on this conference report or amendment between the Houses.

Emergency Unemployment Benefits Extension Act of 2010 - Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Extends the final date for entering a federal-state agreement under the Emergency Unemployment Compensation (EUC) program through January 3, 2012. Postpones the termination of the program until June 9, 2012. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until January 4, 2012, requirements that federal payments to states cover 100% of EUC. Amends the Unemployment Compensation Extension Act of 2008 to exempt weeks of unemployment between enactment of this Act and June 10, 2012, from the prohibition in the Federal-State Extended Unemployment Compensation Act of 1970 against federal matching payments to a state for the first week in an individual's eligibility period for which extended compensation or sharable regular compensation is paid if the state law provides for payment of regular compensation to an individual for his or her first week of otherwise compensable unemployment. (Thus allows temporary federal matching for the first week of extended benefits for states with no waiting period.) Amends the Federal-State Extended Unemployment Compensation Act of 1970 to authorize a state by law to apply certain requirements of the Act, with specified substitutions, for determining an extended unemployment compensation period. Requires the state's "on" and "off" indicators to be based on its rate of insured unemployment and rate of total unemployment for the period between enactment of this Act (or, if later, the date established pursuant to state law), and ending on or before December 31, 2011. Rescinds permanently, out of all available unobligated federal funds, $95 billion in appropriated discretionary funds. Requires the Director of the Office of Management and Budget (OMB) to identify and report to the Secretary of the Treasury and Congress on which appropriation accounts the rescission shall apply from, including amounts. Exempts from rescission any unobligated funds of the Department of Defense (DOD) or the Department of Veterans Affairs (VA).

A bill to extend emergency unemployment benefits without adding to the Federal budget deficit, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Good IRA Rollover Act of 2007''. SEC. 2. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR CHARITABLE PURPOSES. (a) In General.--Paragraph (8) of section 408(d) of the Internal Revenue Code of 1986 (relating to tax treatment of distributions) is amended to read as follows: ``(8) Distributions for charitable purposes.-- ``(A) In general.--No amount shall be includible in gross income by reason of a qualified charitable distribution. ``(B) Qualified charitable distribution.--For purposes of this paragraph, the term `qualified charitable distribution' means any distribution from an individual retirement account-- ``(i) which is made directly by the trustee-- ``(I) to an organization described in section 170(c), or ``(II) to a split-interest entity, and ``(ii) which is made on or after the date that the individual for whose benefit the account is maintained has attained-- ``(I) in the case of any distribution described in clause (i)(I), age 70\1/2\, and ``(II) in the case of any distribution described in clause (i)(II), age 59\1/2\. A distribution shall be treated as a qualified charitable distribution only to the extent that the distribution would be includible in gross income without regard to subparagraph (A) and, in the case of a distribution to a split-interest entity, only if no person holds an income interest in the amounts in the split-interest entity attributable to such distribution other than one or more of the following: the individual for whose benefit such account is maintained, the spouse of such individual, or any organization described in section 170(c). ``(C) Contributions must be otherwise deductible.-- For purposes of this paragraph-- ``(i) Direct contributions.--A distribution to an organization described in section 170(c) shall be treated as a qualified charitable distribution only if a deduction for the entire distribution would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph). ``(ii) Split-interest gifts.--A distribution to a split-interest entity shall be treated as a qualified charitable distribution only if a deduction for the entire value of the interest in the distribution for the use of an organization described in section 170(c) would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph). ``(D) Application of section 72.--Notwithstanding section 72, in determining the extent to which a distribution is a qualified charitable distribution, the entire amount of the distribution shall be treated as includible in gross income without regard to subparagraph (A) to the extent that such amount does not exceed the aggregate amount which would be so includible if all amounts were distributed from all individual retirement accounts otherwise taken into account in determining the inclusion on such distribution under section 72. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. ``(E) Special rules for split-interest entities.-- ``(i) Charitable remainder trusts.-- Notwithstanding section 664(b), distributions made from a trust described in subparagraph (G)(i) shall be treated as ordinary income in the hands of the beneficiary to whom is paid the annuity described in section 664(d)(1)(A) or the payment described in section 664(d)(2)(A). ``(ii) Pooled income funds.--No amount shall be includible in the gross income of a pooled income fund (as defined in subparagraph (G)(ii)) by reason of a qualified charitable distribution to such fund, and all distributions from the fund which are attributable to qualified charitable distributions shall be treated as ordinary income to the beneficiary. ``(iii) Charitable gift annuities.-- Qualified charitable distributions made for a charitable gift annuity shall not be treated as an investment in the contract. ``(F) Denial of deduction.--Qualified charitable distributions shall not be taken into account in determining the deduction under section 170. ``(G) Split-interest entity defined.--For purposes of this paragraph, the term `split-interest entity' means-- ``(i) a charitable remainder annuity trust or a charitable remainder unitrust (as such terms are defined in section 664(d)) which must be funded exclusively by qualified charitable distributions, ``(ii) a pooled income fund (as defined in section 642(c)(5)), but only if the fund accounts separately for amounts attributable to qualified charitable distributions, and ``(iii) a charitable gift annuity (as defined in section 501(m)(5)).''. (b) Effective Date.--The amendment made by this section shall apply to distributions made in taxable years beginning after December 31, 2006.

Public Good IRA Rollover Act of 2007 - Amends the Internal Revenue Code to exclude from gross income distributions from individual retirement accounts for certain charitable purposes.

To amend the Internal Revenue Code of 1986 to expand tax-free distributions from individual retirement accounts for charitable purposes.

SECTION 1. AMENDMENT OF VOTING ACCESSIBILITY FOR THE ELDERLY AND HANDICAPPED ACT. (a) Purpose.--Section 2 of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee) is amended by-- (1) striking ``It'' and inserting ``(a) It''; and (2) adding at the end the following: ``(b) It is the intention of Congress in enacting this Act to ensure that-- ``(1) no individual may be denied the right to vote in a Federal election on the basis of being disabled; and ``(2) every voter has the right to vote independently in a Federal election.''. (b) Accessibility of Polling Places.--Section 3 of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee-1) is amended-- (1) in subsection (a), by striking ``each political subdivision'' and all that follows through ``conducting elections'' and inserting ``the chief election officer of the State''; (2) by striking subsection (b) and inserting the following: ``(b) Subsection (a) shall not apply to a polling place in the case of any unforeseeable natural disaster such as a fire, storm, earthquake, or flood.''; and (3) by striking subsection (c) and inserting the following: ``(c) The chief election officer of a State shall ensure that all polling methods selected and used for Federal elections are accessible to disabled and elderly voters, including-- ``(1) the provision of ballots in a variety of accessible media; ``(2) the provision of instructions that are printed in large type, conspicuously displayed at each polling place; ``(3) the provision of printed information that is generally available to other voters using a variety of accessible media; and ``(4) ensuring that all polling methods used enable disabled and elderly voters to cast votes at polling places during times and under conditions of privacy available to other voters.''. (c) Accessibility of Registration Facilities and Services.--Section 5(a) of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee-3(a)) is amended-- (1) in paragraph (1), by striking ``and'' at the end; and (2) by striking paragraph (2) and inserting the following: ``(2) registration information by telecommunications devices for the deaf and in a variety of accessible media; and ``(3) accessible registration procedures to allow each eligible voter to register at the residence of the voter, by mail, or by other means.''. (d) Enforcement.--Section 6 of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee-4) is amended-- (1) in subsection (b), by striking ``45'' and inserting ``21''; and (2) by striking subsection (c) and inserting the following: ``(c) In an action brought under subsection (a), the State or political subdivision shall be fined an amount-- ``(1) not to exceed $5,000 for the first violation of such section; and ``(2) not to exceed $10,000 for each subsequent violation.''. (e) Relationship With Other Laws.--Section 7 of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee-5) is amended-- (1) in the heading, by striking ``voting rights act of 1965'' and inserting ``other laws; (2) by striking ``This'' and inserting ``(a) This''; and (3) by adding at the end the following: ``(b) Nothing in this Act shall be construed to invalidate or limit the laws of any State or political subdivision that provide greater or equal access to registration or polling for disabled and elderly voters.''. (f) Definitions.--Section 8 of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee-6) is amended-- (1) in paragraph (1), by striking ``chief election'' through ``involved'' and inserting ``Access Board''; (2) in paragraph (4), by striking ``permanent physical disability; and'' and inserting ``permanent disability;''; (3) in paragraph (5), by striking the period and inserting a semicolon; and (4) by adding at the end the following: ``(6) `Access Board' means the Architectural and Transportation Barriers Compliance Board established under section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792); ``(7) `chief election officer' means the State officer or entity, designated by State law or established by practice, responsible for elections within the State; ``(8) `independently' means without the assistance of another individual; and ``(9) `media' includes formats using large type, braille, sound recording, or digital text.''. (g) References.-- (1) In general.--The Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.) is amended by striking ``handicapped'' each place it appears and inserting ``disabled''. (2) References in other laws.--Except where inappropriate, any reference to ``handicapped'' in relation to the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.) in any law, Executive Order, rule, or other document shall include a reference to ``disabled''. (h) Conforming Amendment.--Section 502(b)(3) of the Rehabilitation Act of 1973 (29 U.S.C. 792(b)(3)) is amended by inserting before the semicolon ``and section 3 of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee-1)''. SEC. 2. REGULATIONS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Attorney General shall promulgate regulations implementing this Act. Such regulations shall be consistent with the minimum guidelines established by the Access Board. (b) Access Board Guidelines.--Not later than 9 months after the date of enactment of this Act, the Access Board shall issue minimum guidelines relating to the requirements in the amendments made by section 1(b) of this Act. (c) Definition.--In this section, the term ``Access Board'' means the Architectural and Transportation Barriers Compliance Board. SEC. 3. TRANSITION PLAN. (a) In General.--Not later than 3 months after the date on which regulations are promulgated under section 2(a), the chief election officer of each State shall develop a transition plan to ensure that polling places in the State are in compliance with the requirements of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.), as amended by this Act. (b) Coordination With Local Election Officials.--The plan under subsection (a) shall be developed in coordination with-- (1) local election officials; and (2) individuals with disabilities or organizations representing individuals with disabilities. (c) Contents and Availability of Plan.--The plan under subsection (a) shall-- (1) include specific recommendations necessary to comply with the requirements of the Voting Accessibility for the Elderly and Handicapped Act; and (2) be available for public inspection in such manner as the chief election officer determines appropriate. SEC. 4. EFFECTIVE DATE. The amendments made by section 1 of this Act shall apply beginning on the earliest of-- (1) the date that is 6 months after the date on which regulations are promulgated under section 2(a); or (2) the date of the first Federal election taking place in the State after December 31, 2000.

Makes amendments to such Act regarding the accessibility of polling places and registration facilities and services, enforcement, and the relationship of such Act with other laws (providing that nothing in this Act shall be construed to invalidate or limit the laws of any State or political subdivision that provide greater or equal access to registration or polling for disabled and elderly voters). Includes among such amendments providing for ensuring that all polling methods selected and used for Federal elections are accessible to disabled and elderly voters and that accessible registration procedures allow eligible voters to register at home, by mail, or by other means are in place. Revises definitions, including adding the term "Access Board," the Architectural and Transportation Barriers Compliance Board established under the Rehabilitation Act of 1973. Directs such Board to issue minimum guidelines relating to requirements pertaining to the accessibility of polling places. Replaces all references in such Act to "handicapped" with "disabled" and with regard to such references in other laws, Executive Orders, or rules, in relation to such Act except where inappropriate.

A bill to amend the Voting Accessibility for the Elderly and Handicapped Act to ensure the equal right of individuals with disabilities to vote, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Greater Accountability in the Lending Fund Act of 2011''. SEC. 2. REPAYMENT DEADLINE UNDER THE SMALL BUSINESS LENDING FUND PROGRAM. (a) In General.--Section 4103(d)(5)(H) of the Small Business Jobs Act of 2010 (12 U.S.C. 4741 note) is amended-- (1) in clause (i)-- (A) in subclause (I), by striking ``; or'' and inserting a period; (B) by striking subclause (II); and (C) by striking ``will--'' and all that follows through ``be repaid'' and inserting ``will be repaid''; (2) by striking clause (ii); and (3) by striking ``that--'' and all that follows through ``includes,'' and inserting ``that includes,''. (b) Effective Date; Applicability; Savings Clause.-- (1) Effective date; applicability.--The amendments made by this section shall-- (A) take effect on the date of enactment of this Act; and (B) apply to any investment made by the Secretary of the Treasury under the Small Business Lending Fund Program established under section 4103(a)(2) of the Small Business Jobs Act of 2010 (12 U.S.C. 4741 note) (in this subsection referred to as the ``Program'') on or after the date of enactment of this Act. (2) Savings clause.--Notwithstanding the amendments made by this section, an investment made by the Secretary of the Treasury under the Program before the date of enactment of this Act shall remain in full force and effect under the terms and conditions under the investment. SEC. 3. SMALL BUSINESS LENDING FUND SUNSET. Section 4109 of the Small Business Jobs Act of 2010 (12 U.S.C. 4741 note) is amended-- (1) in subsection (b), by inserting ``and shall be limited by the termination date in subsection (c)'' before the period at the end; and (2) by adding at the end the following: ``(c) Termination of Program.-- ``(1) Investments.--On and after the date that is 15 years after the date of enactment of this Act, the Federal Government may not own any preferred stock or other financial instrument purchased under this subtitle or otherwise maintain any capital investment in an eligible institution made under this subtitle. ``(2) Authorities.--Except as provided in subsection (a), all the authorities provided under this subtitle shall terminate 15 years after the date of enactment of this Act.''. SEC. 4. SMALL BUSINESS LENDING FUND TRIGGER. Section 4109 of the Small Business Jobs Act of 2010 (12 U.S.C. 4741 note), as amended by section 3, is amended by adding at the end the following: ``(d) FDIC Receivership.--The Secretary may not make any purchases, including commitments to purchase, under this subtitle if the Federal Deposit Insurance Corporation is appointed receiver of 5 percent or more of the number of eligible institutions that receive a capital investment under the Program.''. SEC. 5. SMALL BUSINESS LENDING FUND LIMITATION. (a) In General.--Section 4103(d) of the Small Business Jobs Act of 2010 (12 U.S.C. 4741 note) is amended-- (1) by striking ``, less the amount of any CDCI investment and any CPP investment'' each place it appears; (2) by striking paragraph (7); (3) by redesignating paragraphs (8), (9), and (10) as paragraphs (7), (8), and (9), respectively; and (4) by adding at the end the following: ``(10) Prohibition on tarp participants participating in the program.--An institution in which the Secretary made a investment under the CPP, the CDCI, or any other program established by the Secretary under the Troubled Asset Relief Program established under the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 et seq.) shall not be eligible to participate in the Program.''. (b) Effective Date; Applicability; Savings Clause.-- (1) Effective date; applicability.--The amendments made by this section shall-- (A) take effect on the date of enactment of this Act; and (B) apply to any investment made by the Secretary of the Treasury under the Small Business Lending Fund Program established under section 4103(a)(2) of the Small Business Jobs Act of 2010 (12 U.S.C. 4741 note) (in this subsection referred to as the ``Program'') on or after the date of enactment of this Act. (2) Savings clause.--Notwithstanding the amendments made by this section, an investment made by the Secretary of the Treasury under the Program before the date of enactment of this Act shall remain in full force and effect under the terms and conditions under the investment. SEC. 6. PRIVATE INVESTMENTS UNDER THE SMALL BUSINESS LENDING FUND PROGRAM. Section 4103(d)(3) of the Small Business Jobs Act of 2010 (12 U.S.C. 4741 note) is amended-- (1) in the paragraph heading, by striking ``matched''; and (2) in subparagraph (B)(i), by striking ``both under the Program and''. SEC. 7. APPROVAL OF REGULATORS. (a) In General.--Section 4103(d)(2) of the Small Business Jobs Act of 2010 (12 U.S.C. 4741 note) is amended-- (1) in the paragraph heading, by striking ``Consultation with'' and inserting ``Approval of''; (2) in the matter preceding subparagraph (A), by striking ``the Secretary shall'' and inserting ``the Secretary may not make a purchase under this subtitle unless''; (3) in subparagraph (A)-- (A) by striking ``consult with''; and (B) by striking ``to determine whether the eligible institution may receive'' and inserting ``determines that, based on the financial condition of the eligible institution, the eligible institution should receive''; (4) in subparagraph (B)-- (A) by striking ``consider any views received from''; and (B) by striking ``regarding the financial condition of the eligible institution'' and inserting ``determines that, based on the financial condition of the eligible institution, the eligible institution should receive such capital investment''; and (5) in subparagraph (C)-- (A) by striking ``consult with''; and (B) by inserting ``determines that, based on the financial condition of the eligible institution, the eligible institution should receive such capital investment'' before the period at the end. (b) Conforming Amendments.--Section 4103(d)(3)(A) of the Small Business Jobs Act of 2010 (12 U.S.C. 4741 note) is amended-- (1) by striking ``to be consulted under paragraph (2) would not otherwise recommend'' and inserting ``required to make a determination under paragraph (2) does not approve''; (2) by striking ``to be so consulted''; and (3) by striking ``to be consulted would recommend'' and insert ``would approve''. SEC. 8. BENCHMARK FOR SMALL BUSINESS LENDING. Section 4103(d)(5)(A)(ii) of the Small Business Jobs Act of 2010 (12 U.S.C. 4741 note) is amended by striking ``for the 4 full quarters immediately preceding the date of enactment of this Act'' and inserting ``during calendar year 2007''.

Greater Accountability in the Lending Fund Act of 2011 - Amends the Small Business Jobs Act of 2010 relating to the Small Business Lending Fund Program to: (1) remove a requirement that the capital investment received by an eligible small business under the Program be evidenced by stock or other financial instrument that carries the highest dividend or interest rate payable; (2) terminate the Program 15 years after the enactment of such Act; (3) prohibit the Secretary of the Treasury from making capital investments under the Program if the Federal Deposit Insurance Corporation (FDIC) is appointed receiver of 5% or more of the institutions receiving an investment under the Program; (4) prohibit Program participation by any institution in which the Secretary made an investment under the Troubled Asset Relief Program (TARP) under the Emergency Economic Stabilization Act of 2008; (5) revise provisions concerning consideration of private investment under the Program; (6) require the approval of (under current law, requires consultation with) appropriate financial regulators when determining whether an institution should receive a capital investment; and (7) revise the benchmark against which changes in the amount of small business lending shall be measured.

A bill to provide greater accountability in the Small Business Lending Fund.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pay Our Protectors Not Our Politicians Act of 2018''. SEC. 2. CONTINUING APPROPRIATIONS FOR MEMBERS OF THE ARMED FORCES AND EMPLOYEES OF THE DEPARTMENT OF HOMELAND SECURITY. (a) In General.--There are hereby appropriated for fiscal year 2018, out of any money in the Treasury not otherwise appropriated, for any period during which interim or full-year appropriations for fiscal year 2018 are not in effect-- (1) such sums as are necessary to provide pay and allowances to members of the Armed Forces (as defined in section 101(a)(4) of title 10, United States Code), including reserve components thereof, who perform active service during such period, including Active Guard and Reserve duty under section 328 of title 32, United States Code; (2) such sums as are necessary to provide pay and allowances to members of the reserve components of the Armed Forces (as named in section 10101 of title 10, United States Code) who perform inactive-duty training (as defined in section 101(d)(7) of such title) during such period; (3) such sums as are necessary to provide pay and allowances to the civilian personnel of the Department of Defense (and the Department of Homeland Security in the case of the Coast Guard) whom the Secretary concerned determines are providing support to members of the Armed Forces described in paragraph (1); (4) such sums as are necessary to provide pay and allowances to contractors of the Department of Defense (and the Department of Homeland Security in the case of the Coast Guard) whom the Secretary concerned determines are providing support to members of the Armed Forces described in paragraph (1); (5) such sums as are necessary to provide pay and allowances to employees of the Department of Homeland Security whom the Secretary concerned determines are performing national security activities; (6) such sums as are necessary to provide death gratuities under sections 1475-1477 and 1489 of title 10, United States Code; (7) such sums as are necessary to provide payment or reimbursement for funeral and burial expenses authorized under sections 1481 and 1482 of title 10, United States Code; (8) such sums as are necessary to provide payment or reimbursement of authorized funeral travel and travel related to the dignified transfer of remains and unit memorial services under section 481f of title 37, United States Code; and (9) such sums as are necessary to provide the temporary continuation of a basic allowance of housing for dependents of members dying on active duty, as authorized by section 403(l) of title 37, United States Code. (b) Termination.--Appropriations and funds made available and authority granted pursuant to this section shall be available until whichever of the following first occurs: (1) the enactment into law of an appropriation (including a continuing appropriation) for any purpose for which amounts are made available in section 2; (2) the enactment into law of the applicable regular or continuing appropriations resolution or other Act without any appropriation for such purpose; or (3) January 1, 2019. (c) Secretary Concerned Defined.--In this section, the term ``Secretary concerned'' means-- (1) the Secretary of Defense with respect to matters concerning the Department of Defense; and (2) the Secretary of Homeland Security with respect to matters concerning the Department of Homeland Security or the Coast Guard. SEC. 3. REQUIRING REDUCTION OF PAY OF MEMBERS OF CONGRESS IF GOVERNMENT SHUTDOWN OCCURS. (a) Reduction of Pay for Each Day of Government Shutdown.--If on any day during a year a Government shutdown is in effect, the annual rate of pay applicable under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501) with respect to each Member of Congress for the year shall be reduced by an amount equal to the product of-- (1) an amount equal to one day's worth of pay under such annual rate; and (2) the number of 24-hour periods during which the Government shutdown is in effect. (b) Effective Date.--Subsection (a) shall apply only with respect to days occurring during the One Hundred Sixteenth Congress and each succeeding Congress. (c) Special Rule for One Hundred Fifteenth Congress.-- (1) Holding salaries in escrow.--If on any day during the One Hundred Fifteenth Congress a Government shutdown is in effect, the payroll administrator of that House of Congress shall-- (A) withhold from the payments otherwise required to be made with respect to a pay period for the compensation of each Member of Congress who serves in that House of Congress an amount equal to the product of-- (i) an amount equal to one day's worth of pay under the annual rate of pay applicable to the Member under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501); and (ii) the number of 24-hour periods during which the Government shutdown is in effect which occur during the pay period; and (B) deposit in an escrow account all amounts withheld under paragraph (1). (2) Release of amounts at end of the congress.--In order to ensure that this section is carried out in a manner that shall not vary the compensation of Senators or Representatives in violation of the twenty-seventh article of amendment to the Constitution of the United States, the payroll administrator of a House of Congress shall release for payments to Members of that House of Congress any amounts remaining in any escrow account under this section on the last day of the One Hundred Fifteenth Congress. (3) Role of secretary of the treasury.--The Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this section. (4) Exception for days occurring after general election.-- This section does not apply with respect to any day during the One Hundred Fifteenth Congress which occurs after the date of the regularly scheduled general election for Federal office held in November 2018. (d) Determination of Government Shutdown.--For purposes of this section, a Government shutdown shall be considered to be in effect if there is a lapse in appropriations for any Federal agency or department as a result of a failure to enact a regular appropriations bill or continuing resolution. (e) Definitions.--In this section: (1) The term ``Member of Congress'' means an individual serving in a position under subparagraph (A), (B), or (C) of section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501). (2) The term ``payroll administrator'' of a House of Congress means-- (A) in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this section; and (B) in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this section.

Pay Our Protectors Not Our Politicians Act of 2018 This bill provides FY2018 appropriations for military pay during any period in which interim or full-year appropriations for FY2018 are not in effect. The appropriations provided by this bill are available until the earlier of: (1) the enactment into law of specified appropriations legislation, or (2) January 1, 2019. The bill provides continuing appropriations for pay and allowances of: members of the Armed Forces, including reserve components, who perform active service; members of the reserve components of the Armed Forces who perform inactive-duty training; civilian personnel or contractors of the Department of Defense (and the Department of Homeland Security [DHS] in the case of the Coast Guard) who are providing support to members of the Armed Forces; and DHS employees who are performing national security activities. It also provides continuing appropriations for payments related to: death gratuities, funeral and burial expenses, authorized funeral travel and travel related to the dignified transfer of remains and unit memorial services, and the temporary continuation of a basic allowance of housing for dependents of members dying on active duty. The bill also prohibits Members of Congress from being paid when a government shutdown is in effect during the 116th and succeeding Congresses. During the 115th Congress, congressional pay must be withheld during a government shutdown and released at the end of the Congress.

Pay Our Protectors Not Our Politicians Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Council on Integration of Health Care Education Act of 2010''. SEC. 2. DEFINITIONS. In this Act: (1) Behavioral health provider.--The term ``behavioral health provider''-- (A) means an individual who provides clinical care (in accordance with applicable State law) specializing in the diagnosis or treatment of behavioral health, including such an individual specializing in substance use, addiction, and dependence disorders; and (B) includes a psychiatrist, nurse practitioner (as defined in section 1861(aa)(5)(A) of the Social Security Act), physician assistant (as defined in section 1861(aa)(5)(A) of such Act), clinical psychologist (as used in section 1861(ii) of such Act), clinical social worker (as defined in section 1861(hh) of such Act), psychiatric nurse, licensed professional counselor, marriage and family therapist, pastoral counselor, psychosocial rehabilitation specialist, and any other individual determined to be appropriate by the Secretary. (2) Council.--The term ``Council'' means the Council on Integration of Health Care Education. (3) Health care professional.--The term ``health care professional''-- (A) means an individual who provides clinical health care (in accordance with applicable State law) other than a behavioral health provider; and (B) includes (other than a behavioral health provider) a physician (as defined in section 1861(r) of the Social Security Act), nurse practitioner (as defined in section 1861(aa)(5)(A) of the Social Security Act), physician assistant (as defined in section 1861(aa)(5)(A) of the Social Security Act), clinical nurse specialist (as defined in section 1861(aa)(5)(B) of the Social Security Act), certified nurse-midwife (as defined in section 1861(gg) of the Social Security Act), and any other individual determined to be appropriate by the Secretary. (4) Institution of higher education.--The term ``institution of higher education'' has the same meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. COUNCIL ON INTEGRATION OF HEALTH CARE EDUCATION. (a) Establishment.--There is established in the Office of the Secretary the Council on Integration of Health Care Education. (b) Recommendations.--The Council shall develop and publish not later than 1 year after the date of the enactment of this section, and may periodically revise as appropriate thereafter, recommendations for the purpose of strengthening the capacity of health care professionals and behavioral health providers to deliver integrated, comprehensive health care. The recommendations shall identify-- (1) the core competencies to be required of each type of health care professional and behavioral health provider with respect to mental health and substance use prevention and treatment services in order to carry out their respective scope of practice; (2) the appropriate methods for incorporating such competencies into the curricula of institutions of higher education, and of continuing education, for health care professionals and behavioral health providers; (3) the appropriate methods for incorporating such competencies into the licensure and certification requirements for health care professionals and behavioral health providers; and (4) the appropriate methods for incorporating such competencies into the accreditation process for institutions of higher education providing terminal education for health care professionals and behavioral health providers. (c) Reporting.-- (1) By the council.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Council shall submit to the Secretary and the appropriate committees of the Congress, and to the Council on Graduate Medical Education when appropriate, and make publicly available, a report on the recommendations under subsection (b) and the implementation of such recommendations. Each such report shall include-- (A) a description of current and future needs related to the successful integration core competencies for mental health and substance use disorders into health care professional and behavioral health provider education and education curricula beyond medical education; (B) an identification of goals, outcome measures, and timeframes for addressing the needs described in subparagraph (A); (C) a detailed plan for implementing the recommendations under subsection (b); and (D) an evaluation of the extent to which such plan has been implemented. (2) By the secretary.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit a report to the Congress on the activities of the Council. (d) Members.-- (1) Composition; voting; chair.--The Council shall be composed of the ex officio members specified in paragraph (2) and the members appointed under paragraph (3). All of the members of the Council shall be voting members. The Council shall elect a chair from among its members. (2) Ex officio members.--The Council shall include the following ex officio members (or their designees)-- (A) the Secretary; (B) the Administrator of the Health Resources and Services Administration; (C) the Administrator of the Centers for Medicare & Medicaid Services; (D) the Administrator of the Substance Abuse and Mental Health Services Administration; and (E) the Director of the Office of National Drug Control Policy. (3) Appointed members.-- (A) In general.--The Council shall include members to be appointed by the Secretary (in consultation with the other ex officio members of the Council and without regard to the civil service laws) who are not employees of the Federal Government. The Secretary shall appoint a sufficient number of members under this subparagraph to ensure that the Council is composed of not less than 20 members, including both ex officio members under paragraph (2) and members appointed under this paragraph. (B) Other selection criteria.--In appointing members of the Council under this paragraph, the Secretary shall ensure-- (i) inclusion of both urban and rural members; (ii) adequate representation of men and women; (iii) a range of members from a variety of practice settings and having expertise in prevention and treatment across the lifespan; (iv) adequate representation of racial, ethnic, religious, and economic diversity; (v) an equal distribution of the members appointed under subparagraph (A) between those specializing in mental health services and those specializing in substance use disorders; (vi) diverse representation from addition and psychiatry specialty sectors; (vii) diverse representation of allopathic and osteopathic physicians; (viii) adequate representation of health care professionals and behavioral health providers who provide direct patient care to individuals with co-occurring mental health or substance use disorders and physical health conditions; (ix) adequate representation of health care and behavioral health (including substance use) faculty who have demonstrated expertise in curriculum development; and (x) inclusion of a health or behavioral health (including substance use) consumer. (C) Terms.-- (i) In general.--Subject to subparagraph (D)(ii), each member of the Council under this paragraph shall be appointed for a term of 4 years. (ii) Vacancies.--Any member of the Council appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. (D) Initial members.-- (i) Appointment.--The Secretary shall appoint the initial members of the Council under this paragraph not less than 90 days after the date of the enactment of this Act. (ii) Terms.--As designated by the Secretary at the time of appointment, of the initial members of the Council under this paragraph, \1/4\ shall be appointed for terms of 1 year, \1/4\ shall be appointed for terms of 2 years, \1/4\ shall be appointed for terms of 3 years, and \1/4\ shall be appointed for terms of 4 years. (e) Staff.--The Secretary shall provide the Council with such professional and clerical staff, such information, and the services of such consultants as may be necessary to assist the Council in carrying out effectively its functions under this section. (f) Administration.-- (1) Travel expenses.--Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code, while away from their homes or regular places of business in performance of services for the Council. (2) Other resources.--The Council shall have reasonable access to materials, resources, statistical data, and other information such Council determines to be necessary to carry out its duties from agencies of the executive and legislative branches of the Federal Government. The chair of the Council shall make requests for such access in writing when necessary. (3) Prohibition against compensation of federal employees.--Members of the Council who are officers or employees of the Federal Government shall not receive additional pay, allowances, or benefits by reason of their service on the Council. (g) Meetings.--The Council shall conduct at least 3 meetings each year. (h) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2011 through 2016. SEC. 4. IMPLEMENTATION OF RECOMMENDATIONS OF THE COUNCIL. (a) Health Care and Behavioral Health Workforce Continuing Education.-- (1) In general.--Beginning 1 year after submission of the first report of the Council under section 3(c)(1), the Secretary may make grants, contracts, or cooperative agreements to public or private nonprofit entities for the purpose of implementing the recommendations of the Council on continuing education for health care professionals and behavioral health providers. (2) Eligibility.--To receive a grant, contract, or cooperative agreement under this subsection, a public or private nonprofit entity shall demonstrate expertise in providing continuing education for health care professionals and behavioral health providers. (3) Priority.--In awarding grants, contracts, and cooperative agreements under this subsection, the Secretary shall give priority to entities that propose to implement continuing education-- (A) in interdisciplinary settings; or (B) in collaboration with a diverse representation of health care professionals and behavioral health providers who have no direct affiliation with the receiving entity as determined by the Secretary. (4) Geographic distribution.--The Secretary shall ensure that grants, contracts, and cooperative agreements under this subsection are awarded to entities throughout the United States to ensure the availability of continuing education in mental health and substance abuse prevention and treatment services. (5) Duration of awards.--The period of a grant, contract, or cooperative agreement under this subsection shall not exceed 3 years. (6) Authorization of appropriations.--There are authorized to be appropriated $5,000,000 for fiscal year 2012 and such sums as may be necessary for each of fiscal years 2013 through 2016. (b) Health Care and Behavioral Health Workforce Education Curricula.-- (1) In general.--The Secretary shall make grants, contracts, or cooperative agreements to public or nonprofit private institutions of higher education for the purpose of implementing the recommendations of the Council on education curricula for health care professionals and behavioral health providers. (2) Priority.--In awarding grants, contracts, and cooperative agreements under this subsection, the Secretary shall give priority to applicants that demonstrate willingness-- (A) to integrate the recommendations of the Council on curricula across academic disciplines; (B) to coordinate the use of Federal and non- Federal resources for purposes of such integration; or (C) to incorporate other evidence-based recommendations that further the integration of behavioral health in health care. (3) Geographic distribution.--The Secretary shall ensure that grants, contracts, and cooperative agreements under this subsection are awarded to institutions of higher education throughout the United States to ensure the availability and improvement of education curricula for health care professionals and behavioral health providers. (4) Duration of awards.--The period of a grant, contract, or cooperative agreement under this subsection shall not exceed 3 years. (5) Authorization of appropriations.--There are authorized to be appropriated $5,000,000 for fiscal year 2012 and such sums as may be necessary for each of fiscal years 2013 through 2016.

Council on Integration of Health Care Education Act of 2010 - Establishes the Council on Integration of Health Care Education in the Office of the Secretary in the Department of Health and Human Services (HHS) to develop recommendations for the purpose of strengthening the capacity of health care professionals and behavioral health providers to deliver integrated, comprehensive health care. Requires such recommendations to identify: (1) the core competencies to be required of each type of health care professional and behavioral health provider with respect to mental health and substance use prevention and treatment services; and (2) the appropriate methods for incorporating such competencies into the curricula of institutions of higher education and of continuing education, the licensure and certification requirements for health care professionals and behavioral health providers, and the accreditation process for institutions of higher education providing terminal education for health care professionals and behavioral health providers. Authorizes the Secretary to make grants, contracts, or cooperative agreements to public or private nonprofit entities for the purpose of implementing the recommendations of the Council on continuing education for health care professionals and behavioral health providers. Requires the Secretary to make grants, contracts, or cooperative agreements to public or nonprofit private institutions of higher education for the purpose of implementing the recommendations of the Council on education curricula for health care professionals and behavioral health providers.

To establish a Council on Integration of Health Care Education, to provide for implementation of the recommendations of the Council, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Ag Science Center Act of 2007''. SEC. 2. DESIGNATION OF NATIONAL AG SCIENCE CENTER IN STANISLAUS COUNTY, CALIFORNIA. (a) Findings.--Congress finds that-- (1) the State of California is a preeminent producer of more than 350 different agricultural commodities, including-- (A) more than 90 percent of all of the tomatoes and grapes produced in the United States; (B) all of the commercial almonds, dates, figs, olives, cling peaches, prunes, and raisins produced in the United States; and (C) 1 out of every 5 glasses of milk consumed in the United States; (2) California is the leading State in terms of agricultural exports, annually shipping more than $7,000,000,000 in agricultural commodities around the world; (3) the total investment by the 78,500 farms in the State of California, in terms of direct and indirect economic impact, is staggering; (4) if California intends to keep its agricultural industry strong and vibrant, the State must focus on the needs of farmers who are valuable contributors to the economic, social, and cultural life of the State and the United States; (5) since 1945, agricultural land has been rapidly disappearing across California, as soil erosion, urbanization, the growth of deserts, and salinization have all contributed to loss of productive farmland; (6) if those trends continue, California will no longer be able to supply food for its population, let alone the United States, and will be unable to export food to the rest of the world; (7) as people in the United States grow more and more detached from the great agrarian history of the United States, fewer of those people understand the fundamental importance of agriculture to society in the United States; (8) educating young people in the United States about agriculture and its importance to the United States is an investment that will pay off in future benefits; (9) greater public understanding and appreciation of the importance of agriculture to California, the United States, and the world is needed to secure a positive future, in which the United States can rely on healthy food that is produced domestically; (10) citizens of all ages, especially youth, must play a meaningful, hands-on role in determining the future of California agriculture; (11) as planners, conservationists, and other interested persons around the State of California organize to help protect agricultural resources, the proposed National Ag Science Center in Stanislaus County, California, is preparing to educate and alert future generations about the need to preserve agricultural land and to foster an understanding of the importance of agriculture; (12) the mission of the National Ag Science Center will be to provide exciting and fun agricultural learning opportunities and resources in order-- (A) for young people to learn how a vibrant agricultural economy is necessary for a vibrant society; (B) to prepare young people for career and leadership opportunities in agriculture; and (C) to ensure a bright future for all aspects of the agriculture industry; (13) according to findings of the Center for Public Policy Studies at California State University, Stanislaus, the National Ag Science Center will create or support up to 359 new local jobs, create or support up to $57,500,000 in economic activity and $15,200,000 in labor income through construction of the new facility, generate as much as $8,500,000 in total annual economic activity, and result in as much as $3,400,000 in total annual labor income; (14) on September 14, 2005, the Yosemite Community College District Board, in Stanislaus County, California, voted unanimously to approve the dedication of a 3.5 acre site on the West Campus of Modesto Community College for the National Ag Science Center; and (15) establishment of the National Ag Science Center is in the national interest, as the proposed Center will enable future generations to help ensure a healthy and profitable place for agriculture in the economy of California and the United States. (b) Designation.-- (1) In general.--The facility under development by the Stanislaus Ag Center Foundation, in Stanislaus County, California, shall be known and designated as the ``National Ag Science Center''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility under development referred to in paragraph (1) shall be deemed to be a reference to the National Ag Science Center.

National Ag Science Center Act of 2007 - Designates the facility under development by the Stanislaus Ag Center Foundation in Stanislaus county, California, as the "National Ag Science Center."

A bill to designate the facility under development by the Stanislaus Ag Center Foundation, in Stanislaus County, California, as the National Ag Science Center.

SECTION 1. CONGRESSIONAL STATEMENT OF POLICY. It is the sense of the Congress that the President should make freedom of religion one of the major objectives of United States foreign policy with respect to China. As part of this policy, the Department of State should raise in every relevant bilateral and multilateral forum the issue of individuals imprisoned, detained, confined, or otherwise harassed by the Chinese Government on religious grounds. In its communications with the Chinese Government, the Department of State should provide specific names of individuals of concern and request a complete and timely response from the Chinese Government regarding the individuals' whereabouts and condition, the charges against them, and sentence imposed. The goal of these official communications should be the expeditious release of all religious prisoners in China and Tibet and the end of the Chinese Government's policy and practice of harassing and repressing religious believers. SEC. 2. PROHIBITION ON USE OF FUNDS FOR THE PARTICIPATION OF CERTAIN CHINESE OFFICIALS IN CONFERENCES, EXCHANGES, PROGRAMS, AND ACTIVITIES. (a) Prohibition.--Notwithstanding any other provision of law, for fiscal years after fiscal year 1997, no funds appropriated or otherwise made available for the Department of State, the United States Information Agency, and the United States Agency for International Development may be used for the purpose of providing travel expenses and per diem for the participation of nationals of the People's Republic of China described in paragraphs (1) and (2) in conferences, exchanges, programs, and activities: (1) The head or political secretary of any of the following Chinese Government-created or approved organizations: (A) The Chinese Buddhist Association. (B) The Chinese Catholic Patriotic Association. (C) The National Congress of Catholic Representatives. (D) The Chinese Catholic Bishops' Conference. (E) The Chinese Protestant ``Three Self'' Patriotic Movement. (F) The China Christian Council. (G) The Chinese Taoist Association. (H) The Chinese Islamic Association. (2) Any military or civilian official or employee of the Government of the People's Republic of China who carried out or directed the carrying out of any of the following policies or practices: (A) Formulating, drafting, or implementing repressive religious policies. (B) Imprisoning, detaining, or harassing individuals on religious grounds. (C) Promoting or participating in policies or practices which hinder religious activities or the free expression of religious beliefs. (b) Certification.-- (1) Each Federal agency subject to the prohibition of subsection (a) shall certify in writing to the appropriate congressional committees no later than 120 days after the date of enactment of this Act, and every 90 days thereafter, that it did not pay, either directly or through a contractor or grantee, for travel expenses or per diem of any national of the People's Republic of China described in subsection (a). (2) Each certification under paragraph (1) shall be supported by the following information: (A) The name of each employee of any agency of the Government of the People's Republic of China whose travel expenses or per diem were paid by funds of the reporting agency of the United States Government. (B) The procedures employed by the reporting agency of the United States Government to ascertain whether each individual under subparagraph (A) did or did not participate in activities described in subsection (a)(2). (C) The reporting agency's basis for concluding that each individual under subparagraph (A) did not participate in such activities. (c) Definition of Appropriate Congressional Committees.--For purposes of this section the term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives. SEC. 3. CERTAIN OFFICIALS OF THE PEOPLE'S REPUBLIC OF CHINA INELIGIBLE TO RECEIVE VISAS AND EXCLUDED FROM ADMISSION. (a) Requirement.--Notwithstanding any other provision of law, any national of the People's Republic of China described in section 2(a)(2) (except the head of state, the head of government, and cabinet level ministers) shall be ineligible to receive visas and shall be excluded from admission into the United States. (b) Waiver.--The President may waive the requirement in subsection (a) with respect to an individual described in such subsection if the President-- (1) determines that it is vital to the national interest to do so; and (2) provides written notification to the appropriate congressional committees (as defined in section 2(c)) containing a justification for the waiver. SEC. 4. SUNSET PROVISION. Sections 2 and 3 shall cease to have effect 4 years after the date of the enactment of this Act. Passed the House of Representatives November 6, 1997. Attest: ROBIN H. CARLE, Clerk.

Expresses the sense of the Congress that the President should make freedom of religion one of the major objectives of U.S. foreign policy with respect to China. Prohibits the use of funds made available to the Department of State, the United States Information Agency, and the United States Agency for International Development to provide travel expenses for certain Chinese officials participating in international conferences, exchanges, programs, and activities. Requires each agency to certify to appropriate congressional committees that it did not pay such expenses. Makes such officials ineligible to receive visas for admission into the United States. Permits the President to waive such requirement if he determines it vital to the national interest and provides a written justification to the appropriate congressional committees.

To prohibit the use of United States funds to provide for the participation of certain Chinese officials in international conferences, programs, and activities and to provide that certain Chinese officials shall be ineligible to receive visas and excluded from admission to the United States.

SECTION 1. SURVIVOR ANNUITY FOR CERTAIN EX-SPOUSES OF CENTRAL INTELLIGENCE AGENCY EMPLOYEES. (a) Survivor Annuity.-- (1) Entitlement of former wife or husband.--Any person who was divorced on or before December 4, 1991, from a participant or retired participant in the Central Intelligence Agency Retirement and Disability System (CIARDS) and who was married to such participant for not less than 10 years during such participant's creditable service, at least five years of which were spent by the participant during the participant's service as an employee of the Central Intelligence Agency outside the United States, or otherwise in a position the duties of which qualified the participant for designation by the Director of Central Intelligence as a participant under section 203 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2013), shall be entitled, except to the extent such person is disqualified under subsection (b), to a survivor annuity equal to 55 percent of the greater of-- (A) the unreduced amount of the participant's annuity, as computed under section 221(a) of such Act; or (B) the unreduced amount of what such annuity as so computed would be if the participant had not elected payment of the lump-sum credit under section 294 of such Act. (2) Reduction in survivor annuity.--A survivor annuity payable under this section shall be reduced by an amount equal to any survivor annuity payments made to the former wife or husband under section 226 of such Act. (b) Limitations.--A former wife or husband is not entitled to a survivor annuity under this section if-- (1) the former wife or husband remarries before age 55, except that the entitlement of the former wife or husband to such a survivor annuity shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; (2) the former wife or husband is less than 50 years of age; or (3) the former wife or husband meets the definition of ``former spouse'' that was in effect under section 204(b)(4) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees before December 4, 1991. (c) Commencement and Termination of Annuity.-- (1) Commencement of annuity.--The entitlement of a former wife or husband to a survivor annuity under this section shall commence-- (A) in the case of a former wife or husband of a participant or retired participant who is deceased as of October 1, 1993, beginning on the later of-- (i) the 60th day after such date; or (ii) the date on which the former wife or husband reaches age 50; and (B) in the case of any other former wife or husband, beginning on the latest of-- (i) the date on which the participant or retired participant to whom the former wife or husband was married dies; (ii) the 60th day after October 1, 1993; or (iii) the date on which the former wife or husband attains age 50. (2) Termination of annuity.--The entitlement of a former wife or husband to a survivor annuity under this section terminates on the last day of the month before the former wife's or husband's death or remarriage before attaining age 55. The entitlement of a former wife or husband to such a survivor annuity shall be restored on the date such remarriage is dissolved by death, annulment, or divorce. (d) Election of Benefits.--A former wife or husband of a participant or retired participant shall not become entitled under this section to a survivor annuity or to the restoration of the survivor annuity unless the former wife or husband elects to receive it instead of any other survivor annuity to which the former wife or husband may be entitled under CIARDS or any other retirement system for Government employees on the basis of a marriage to someone other than the participant. (e) Application.-- (1) Time limit; waiver.--A survivor annuity under this section shall not be payable unless appropriate written application is provided to the Director, complete with any supporting documentation which the Director may by regulation require. Any such application shall be submitted not later than October 1, 1994. The Director may waive the application deadline under the preceding sentence in any case in which the Director determines that the circumstances warrant such a waiver. (2) Retroactive benefits.--Upon approval of an application provided under paragraph (1), the appropriate survivor annuity shall be payable to the former wife or husband with respect to all periods before such approval during which the former wife or husband was entitled to such annuity under this section, but in no event shall a survivor annuity be payable under this section with respect to any period before October 1, 1993. (f) Restoration of Annuity.--Notwithstanding subsection (e)(1), the deadline by which an application for a survivor annuity must be submitted shall not apply in cases in which a former spouse's entitlement to such a survivor annuity is restored after October 1, 1993, under subsection (b)(1) or (c)(2). (g) Applicability in Cases of Participants Transferred to FERS.-- (1) Entitlement.--Except as provided in paragraph (2), this section shall apply to a former wife or husband of a CIARDS participant who has elected to become subject to chapter 84 of title 5, United States Code. (2) Amount of annuity.--The survivor annuity of a person covered by paragraph (1) shall be equal to 50 percent of the unreduced amount of the participant's annuity computed in accordance with section 302(a) of the Federal Employees' Retirement System Act of 1986 and shall be reduced by an amount equal to any survivor annuity payments made to the former wife or husband under section 8445 of title 5, United States Code. SEC. 2. RETIREMENT ANNUITY FOR CERTAIN EX-SPOUSES OF CIA EMPLOYEES. (a) Retirement Annuity.-- (1) Entitlement of former wife or husband.--A person described in section 1(a)(1) shall be entitled, except to the extent such former spouse is disqualified under subsection (b), to an annuity-- (A) if married to the participant throughout the creditable service of the participant, equal to 50 percent of the annuity of the participant; or (B) if not married to the participant throughout such creditable service, equal to that former wife's or husband's pro rata share of 50 percent of such annuity (determined in accordance with section 222(a)(1)(B) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2032 (a)(1)(B)). (2) Reduction in retirement annuities.-- (A) Amount of reduction.--An annuity payable under this section shall be reduced by an amount equal to any apportionment payments payable to the former wife or husband pursuant to the terms of a court order incident to the dissolution of the marriage of such former spouse and the participant, former participant, or retired participant. (B) Definition of terms.--For purposes of subparagraph (A): (i) Apportionment.--The term ``apportionment'' means a portion of a retired participant's annuity payable to a former wife or husband either by the retired participant or the Government in accordance with the terms of a court order. (ii) Court order.--The term ``court order'' means any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree. (b) Limitations.--A former wife or husband is not entitled to an annuity under this section if-- (1) the former wife or husband remarries before age 55, except that the entitlement of the former wife or husband to an annuity under this section shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; (2) the former wife or husband is less than 50 years of age; or (3) the former wife or husband meets the definition of ``former spouse'' that was in effect under section 204(b)(4) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees before December 4, 1991. (c) Commencement and Termination.-- (1) Retirement annuities.--The entitlement of a former wife or husband to an annuity under this section-- (A) shall commence on the later of-- (i) October 1, 1993; (ii) the day the participant upon whose service the right to the annuity is based becomes entitled to an annuity under such Act; or (iii) such former wife's or husband's 50th birthday; and (B) shall terminate on the earlier of-- (i) the last day of the month before the former wife or husband dies or remarries before 55 years of age, except that the entitlement of the former wife or husband to an annuity under this section shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; or (ii) the date on which the annuity of the participant terminates. (2) Disability annuities.--Notwithstanding paragraph (1)(A)(ii), in the case of a former wife or husband of a disability annuitant-- (A) the annuity of the former wife or husband shall commence on the date on which the participant would qualify on the basis of the participant's creditable service for an annuity under the Central Intelligence Agency Retirement Act (other than a disability annuity) or the date the disability annuity begins, whichever is later; and (B) the amount of the annuity of the former wife or husband shall be calculated on the basis of the annuity for which the participant would otherwise so qualify. (3) Election of benefits.--A former wife or husband of a participant or retired participant shall not become entitled under this section to an annuity or to the restoration of an annuity unless the former wife or husband elects to receive it instead of any other annuity to which the former wife or husband may be entitled under CIARDS or any other retirement system for Government employees on the basis of a marriage to someone other than the participant. (4) Application.-- (A) Time limit; waiver.--An annuity under this section shall not be payable unless appropriate written application is provided to the Director of Central Intelligence, complete with any supporting documentation which the Director may by regulation require, not later than October 1, 1994. The Director may waive the application deadline under the preceding sentence in any case in which the Director determines that the circumstances warrant such a waiver. (B) Retroactive benefits.--Upon approval of an application under subparagraph (A), the appropriate annuity shall be payable to the former wife or husband with respect to all periods before such approval during which the former wife or husband was entitled to an annuity under this section, but in no event shall an annuity be payable under this section with respect to any period before October 1, 1993. (d) Restoration of Annuities.--Notwithstanding subsection (c)(4)(A), the deadline by which an application for a retirement annuity must be submitted shall not apply in cases in which a former spouse's entitlement to such annuity is restored after October 1, 1993, under subsection (b)(1) or (c)(1)(B). (e) Applicability in Cases of Participants Transferred to FERS.-- The provisions of this section shall apply to a former wife or husband of a CIARDS participant who has elected to become subject to chapter 84 of title 5, United States Code. For purposes of this subsection, any reference in this section to a participant's CIARDS annuity shall be deemed to refer to the transferred participant's annuity computed in accordance with section 302(a) of the Federal Employees' Retirement System Act of 1986. (f) Savings Provision.--Nothing in this section shall be construed to impair, reduce, or otherwise affect the annuity or the entitlement to an annuity of a participant or former participant under title II or III of the Central Intelligence Agency Retirement Act. SEC. 3. HEALTH BENEFITS. (a) In General.--Section 16 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403p) is amended-- (1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; (2) by inserting after subsection (b) the following new subsection (c): ``(c) Eligibility of Former Wives or Husbands.--(1) Notwithstanding subsections (a) and (b) and except as provided in subsection (d), an individual-- ``(A) who was divorced on or before December 4, 1991, from a participant or retired participant in the Central Intelligence Agency Retirement and Disability System or the Federal Employees Retirement System Special Category; ``(B) who was married to such participant for not less than ten years during the participant's creditable service, at least five years of which were spent by the participant during the participant's service as an employee of the Agency outside the United States, or otherwise in a position the duties of which qualified the participant for designation by the Director of Central Intelligence as a participant under section 203 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2013); and ``(C) who was enrolled in a health benefits plan as a family member at any time during the 18-month period before the date of dissolution of the marriage to such participant; is eligible for coverage under a health benefits plan. ``(2) A former spouse eligible for coverage under paragraph (1) may enroll in a health benefits plan in accordance with subsection (b)(1), except that the election for such enrollment must be submitted within 60 days after the date on which the Director notifies the former spouse of such individual's eligibility for health insurance coverage under this subsection.''. (b) Conforming Amendment.--Subsection (a) of such section is amended by striking out ``subsection (c)(1)'' and inserting in lieu thereof ``subsection (d)''. SEC. 4. SOURCE OF PAYMENT FOR ANNUITIES. Annuities provided under sections 1 and 2 shall be payable from the Central Intelligence Agency Retirement and Disability Fund maintained under section 202 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2012). SEC. 5. EFFECTIVE DATE. Sections 1 through 3 shall take effect as of October 1, 1993. No benefits provided pursuant to those sections shall be payable with respect to any period before that date.

Entitles to a survivor annuity a former spouse who was divorced on or before December 4, 1991, from a participant in the Central Intelligence Agency Retirement and Disability System (CIARDS) and who was married to that participant for not less than ten years during such participant's creditable service, at least five years of which were spent by the participant as an employee of the Central Intelligence Agency (CIA) outside of the United States or otherwise in a position designated by the Director of the CIA as a hazardous position or one clearly distinguished from normal government service. Prescribes the annuity amount and requires it to be reduced by any survivor annuity paid to such former spouse under the Civil Service Retirement and Disability System (CSRS). Entitles the same former spouses of CIARDS participants to a retirement annuity of: (1) 50 percent of the participant's retirement annuity, if the former spouse was married to the participant throughout the period of the participant's creditable service; or (2) the pro rata share of the participant's retirement annuity equal to the number of years of marriage compared to the number of years of the participant's creditable service. Reduces the retirement annuity by any amounts payable to a former spouse pursuant to a court order incident to a dissolution of marriage or property settlement. Prohibits the payment of any survivor or retirement annuity if the former spouse: (1) remarries before age 55; (2) is less than 50 years of age; or (3) meets the definition of "former spouse" in effect under CIARDS before December 4, 1991. Requires an election of benefits if a former spouse is eligible for retirement annuity benefits under CIARDS and for any other retirement benefits under CIARDS or another government retirement system based on marriage to someone other than the CIARDS participant. Amends the Central Intelligence Agency Act of 1949 to entitle to coverage under a health benefits plan for CIA employees and their spouses and dependents former spouses who meet the same requirements as described under provisions above for the survivor annuity and who were enrolled in a health benefits plan at any time during the 18-month period before the date of dissolution of the marriage to the CIARDS participant. Requires the former spouse to enroll in such health benefits plan within 60 days after notification by the CIA Director of eligibility for such plan. Provides for the payment of the survivor and retirement annuities described in this Act from the Central Intelligence Agency Retirement and Disability Fund.

To provide for the payment of retirement and survivor annuities to, and to improve access to health insurance for, certain ex-spouses of employees of the Central Intelligence Agency.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Revitalization Tax Act of 1999''. SEC. 2. COMMERCIAL REVITALIZATION TAX CREDIT. (a) Allowance of Credit.--Section 46 of the Internal Revenue Code of 1986 (relating to investment credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end the following new paragraph: ``(4) the commercial revitalization credit.'' (b) Commercial Revitalization Credit.--Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to rules for computing investment credit) is amended by inserting after section 48 the following new section: ``SEC. 48A. COMMERCIAL REVITALIZATION CREDIT. ``(a) General Rule.--For purposes of section 46, except as provided in subsection (e), the commercial revitalization credit for any taxable year is an amount equal to the applicable percentage of the qualified revitalization expenditures with respect to any qualified revitalization building. ``(b) Applicable Percentage.--For purposes of this section-- ``(1) In general.--The term `applicable percentage' means-- ``(A) 20 percent, or ``(B) at the election of the taxpayer, 5 percent for each taxable year in the credit period. The election under subparagraph (B), once made, shall be irrevocable. ``(2) Credit period.-- ``(A) In general.--The term `credit period' means, with respect to any building, the period of 10 taxable years beginning with the taxable year in which the building is placed in service. ``(B) Applicable rules.--Rules similar to the rules under paragraphs (2) and (4) of section 42(f) shall apply. ``(c) Qualified Revitalization Buildings and Expenditures.--For purposes of this section-- ``(1) Qualified revitalization building.--The term `qualified revitalization building' means any building (and its structural components) if-- ``(A) such building is located in an eligible commercial revitalization area, ``(B) a commercial revitalization credit amount is allocated to the building under subsection (e), and ``(C) depreciation (or amortization in lieu of depreciation) is allowable with respect to the building. ``(2) Qualified rehabilitation expenditure.-- ``(A) In general.--The term `qualified rehabilitation expenditure' means any amount properly chargeable to capital account-- ``(i) for property for which depreciation is allowable under section 168 and which is-- ``(I) nonresidential real property, or ``(II) an addition or improvement to property described in subclause (I), ``(ii) in connection with the construction or substantial rehabilitation or reconstruction of a qualified revitalization building, and ``(iii) for the acquisition of land in connection with the qualified revitalization building. ``(B) Dollar limitation.--The aggregate amount which may be treated as qualified revitalization expenditures with respect to any qualified revitalization building for any taxable year shall not exceed $10,000,000, reduced by any such expenditures with respect to the building taken into account by the taxpayer or any predecessor in determining the amount of the credit under this section for all preceding taxable years. ``(C) Certain expenditures not included.--The term `qualified revitalization expenditure' does not include-- ``(i) Straight line depreciation must be used.--Any expenditure (other than with respect to land acquisitions) with respect to which the taxpayer does not use the straight line method over a recovery period determined under subsection (c) or (g) of section 168. The preceding sentence shall not apply to any expenditure to the extent the alternative depreciation system of section 168(g) applies to such expenditure by reason of subparagraph (B) or (C) of section 168(g)(1). ``(ii) Acquisition costs.--The costs of acquiring any building or interest therein and any land in connection with such building to the extent that such costs exceed 30 percent of the qualified revitalization expenditures determined without regard to this clause. ``(iii) Other credits.--Any expenditure which the taxpayer may take into account in computing any other credit allowable under this part unless the taxpayer elects to take the expenditure into account only for purposes of this section. ``(3) Eligible commercial revitalization area.--The term `eligible commercial revitalization area' means-- ``(A) an empowerment zone or enterprise community designated under subchapter U, ``(B) any area established pursuant to any consolidated planning process for the use of Federal housing and community development funds, and ``(C) any other specially designated commercial revitalization district established by any State or local government, which is a low- income census tract or low-income nonmetropolitan area (as defined in subsection (e)(2)(C)) and is not primarily a nonresidential central business district. ``(4) Substantial rehabilitation or reconstruction.--For purposes of this subsection, a rehabilitation or reconstruction shall be treated as a substantial rehabilitation or reconstruction only if the qualified revitalization expenditures in connection with the rehabilitation or reconstruction exceed 25 percent of the fair market value of the building (and its structural components) immediately before the rehabilitation or reconstruction. ``(d) When Expenditures Taken Into Account.-- ``(1) In general.--Qualified revitalization expenditures with respect to any qualified revitalization building shall be taken into account for the taxable year in which the qualified rehabilitated building is placed in service. For purposes of the preceding sentence, a substantial rehabilitation or reconstruction of a building shall be treated as a separate building. ``(2) Progress expenditure payments.--Rules similar to the rules of subsections (b)(2) and (d) of section 47 shall apply for purposes of this section. ``(e) Limitation on Aggregate Credits Allowable With Respect to Buildings Located in a State.-- ``(1) In general.--The amount of the credit determined under this section for any taxable year with respect to any building shall not exceed the commercial revitalization credit amount (in the case of an amount determined under subsection (b)(1)(B), the present value of such amount as determined under the rules of section 42(b)(2)(C)) allocated to such building under this subsection by the commercial revitalization credit agency. Such allocation shall be made at the same time and in the same manner as under paragraphs (1) and (7) of section 42(h). ``(2) Commercial revitalization credit amount for agencies.-- ``(A) In general.--The aggregate commercial revitalization credit amount which a commercial revitalization credit agency may allocate for any calendar year is the portion of the State commercial revitalization credit ceiling allocated under this paragraph for such calendar year for such agency. ``(B) State commercial revitalization credit ceiling.-- ``(i) In general.--The State commercial revitalization credit ceiling applicable to any State for any calendar year is an amount which bears the same ratio to the national ceiling for the calendar year as the population of low- income census tracts and low-income nonmetropolitan areas within the State bears to the population of such tracts and areas within all States. ``(ii) National ceiling.--For purposes of clause (i), the national ceiling is $100,000,000 for 2000, $200,000,000 for 2001, and $400,000,000 for each calendar year after 2001 and before 2006. ``(iii) Other special rules.--Rules similar to the rules of subparagraphs (D), (E), (F), and (G) of section 42(h)(3) shall apply for purposes of this subsection. ``(C) Low-income areas.--For purposes of subparagraph (B), the terms `low-income census tract' and `low-income nonmetropolitan area' mean a tract or area in which, according to the most recent census data available, at least 50 percent of residents earned no more than 60 percent of the median household income for the applicable Metropolitan Standard Area, Consolidated Metropolitan Standard Area, or all nonmetropolitan areas in the State. ``(D) Commercial revitalization credit agency.--For purposes of this section, the term `commercial revitalization credit agency' means any agency authorized by a State to carry out this section. ``(E) State.--For purposes of this section, the term `State' includes a possession of the United States. ``(f) Responsibilities of Commercial Revitalization Credit Agencies.-- ``(1) Plans for allocation.--Notwithstanding any other provision of this section, the commercial revitalization credit dollar amount with respect to any building shall be zero unless-- ``(A) such amount was allocated pursuant to a qualified allocation plan of the commercial revitalization credit agency which is approved by the governmental unit (in accordance with rules similar to the rules of section 147(f)(2) (other than subparagraph (B)(ii) thereof)) of which such agency is a part, and ``(B) such agency notifies the chief executive officer (or its equivalent) of the local jurisdiction within which the building is located of such project and provides such individual a reasonable opportunity to comment on the project. ``(2) Qualified allocation plan.--For purposes of this subsection, the term `qualified allocation plan' means any plan-- ``(A) which sets forth selection criteria to be used to determine priorities of the commercial revitalization credit agency which are appropriate to local conditions, ``(B) which considers-- ``(i) the degree to which a project contributes to the implementation of a strategic plan that is devised for an eligible commercial revitalization area through a citizen participation process, ``(ii) the amount of any increase in permanent, full-time employment by reason of any project, and ``(iii) the active involvement of residents and nonprofit groups within the eligible commercial revitalization area, and ``(C) which provides a procedure that the agency (or its agent) will follow in monitoring for compliance with this section. ``(g) Termination.--This section shall not apply to any building placed in service after December 31, 2005.'' (b) Conforming Amendments.-- (1) Section 39(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(9) No carryback of section 48a credit before enactment.--No portion of the unused business credit for any taxable year which is attributable to any commercial revitalization credit determined under section 48A may be carried back to a taxable year ending before December 31, 1999.'' (2) Subparagraph (B) of section 48(a)(2) of such Code is amended by inserting ``or commercial revitalization'' after ``rehabilitation'' each place it appears in the text and heading thereof. (3) Subparagraph (C) of section 49(a)(1) of such Code is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) the basis of any qualified revitalization building attributable to qualified revitalization expenditures.'' (4) Paragraph (2) of section 50(a) of such Code is amended by inserting ``or 48A(d)(2)'' after ``section 47(d)'' each place it appears. (5) Subparagraph (B) of section 50(a)(2) of such Code is amended by adding at the end the following new sentence: ``A similar rule shall apply for purposes of section 48A.'' (6) Paragraph (2) of section 50(b) of such Code is amended by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(E) a qualified revitalization building to the extent of the portion of the basis which is attributable to qualified revitalization expenditures.'' (7) Subparagraph (C) of section 50(b)(4) of such Code is amended by inserting ``or commercial revitalization'' after ``rehabilitated'' each place it appears in the text or heading thereof. (8) Subparagraph (C) of section 469(i)(3) of such Code is amended-- (A) by inserting ``or section 48A'' after ``section 42'', and (B) by striking ``credit'' in the heading and inserting ``and commercial revitalization credits''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 1999.

Imposes a State ceiling on the availability of the credit.

Commercial Revitalization Tax Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Drinking Water Act Improved Compliance Awareness Act''. SEC. 2. ENFORCEMENT OF DRINKING WATER REGULATIONS. Section 1414(c) of the Safe Drinking Water Act (42 U.S.C. 300g- 3(c)) is amended-- (1) in the header, by inserting ``States, the Administrator, and'' before ``Persons Served''; (2) in paragraph (1)-- (A) in subparagraph (C), by striking ``paragraph (2)(E)'' and inserting ``paragraph (2)(F)''; and (B) by adding at the end the following: ``(D) Notice of any exceedance at the 90th percentile of a lead action level in a regulation promulgated under section 1412.''; (3) in paragraph (2)-- (A) in subparagraph (B), by striking ``subparagraph (D)'' and inserting ``subparagraph (E)''; (B) in subparagraph (C)-- (i) in the header, by striking ``Violations'' and inserting ``Notice of violations''; (ii) in the matter preceding clause (i)-- (I) by inserting ``, and each exceedance described in paragraph (1)(D),'' after ``for each violation''; and (II) by inserting ``or exceedance'' after ``Each notice of violation''; (iii) by inserting ``or exceedance'' after ``the violation'' each place it appears; and (iv) in clause (iv)-- (I) in subclause (I), by striking ``broadcast media'' and inserting ``media, including broadcast media,''; (II) in subclause (II)-- (aa) by striking ``in a newspaper of general circulation serving the area'' and inserting ``for circulation in the affected area, including in a newspaper of general circulation serving the area,''; and (bb) by striking ``or the date of publication of the next issue of the newspaper''; and (III) in subclause (III), by striking ``in lieu of notification by means of broadcast media or newspaper''; (C) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (D) by inserting after subparagraph (C) the following: ``(D) Notice by administrator.--If, after 24 hours after the Administrator's notification under subsection (a)(1)(A), the State with primary enforcement responsibility or the owner or operator of the public water system has not issued a notice that is required under subparagraph (C) for an exceedance described in paragraph (1)(D), the Administrator shall issue such required notice pursuant to this paragraph.''; (4) in paragraph (3)(B)-- (A) by striking ``subparagraph (A) and'' and inserting ``subparagraph (A),''; and (B) by striking ``subparagraph (C) or (D) of paragraph (2)'' and inserting ``subparagraph (C) or (E) of paragraph (2), and notices issued by the Administrator with respect to public water systems serving Indian Tribes under subparagraph (D) of such paragraph''; (5) in paragraph (4)(B)-- (A) in clause (ii), by striking ``the terms'' and inserting ``the terms `action level',''; and (B) in clause (iii), by striking ``and (IV)'' and inserting ``(IV) the action level for the contaminant, and (V)''; and (6) by adding at the end the following: ``(5) Exceedance of safe lead level.-- ``(A) Strategic plan.--Not later than 120 days after the date of enactment of this paragraph, the Administrator shall, in collaboration with owners and operators of public water systems and States, establish a strategic plan for how the Administrator, a State with primary enforcement responsibility, and owners and operators of public water systems shall conduct targeted outreach, education, technical assistance, and risk communication to populations affected by lead in a public water system, including dissemination of information described in subparagraph (C). ``(B) EPA initiation of notice.-- ``(i) Forwarding of data by employee of epa.--If the Environmental Protection Agency develops or receives, from a source other than the State or the public water system, data, which meets the requirements of section 1412(b)(3)(A)(ii), indicating that the drinking water of a person served by a public water system contains a level of lead that exceeds a lead action level promulgated under section 1412, the Administrator shall require an appropriate employee of the Agency to forward such data to the owner or operator of the public water system and to the State in which the exceedance occurred within a time period established by the Administrator. ``(ii) Dissemination of information by owner or operator.--If an owner or operator of a public water system receives a notice under clause (i), the owner or operator, within a time period established by the Administrator, shall disseminate to affected persons the information described in subparagraph (C). ``(iii) Consultation.-- ``(I) Deadline.--With respect to an exceedance at the 90th percentile of a lead action level in a regulation promulgated under section 1412, if the owner or operator of the public water system does not disseminate, in the time period established by the Administrator, the information described in subparagraph (C), as required under clause (ii), not later than 24 hours after becoming aware of such failure to disseminate, the Administrator shall consult, within a period not to exceed 24 hours, with the applicable Governor to develop a plan, in accordance with the strategic plan, to disseminate such information to affected persons within 24 hours of the end of such consultation period. ``(II) Delegation.--The Administrator may only delegate the duty to consult under this clause to an employee of the Environmental Protection Agency who is working in the Office of Water, at the headquarters of the Agency, at the time of such delegation. ``(iv) Dissemination by administrator.--The Administrator shall, as soon as reasonably possible, disseminate to affected persons the information described subparagraph (C) if-- ``(I) the Administrator and the applicable Governor do not agree on a plan described in clause (iii)(I) during the consultation period under such clause; or ``(II) the applicable Governor does not disseminate the information within 24 hours of the end of such consultation period. ``(C) Information required.--Information required to be disseminated under this paragraph shall include a clear explanation of the exceedance of a lead action level, its potential adverse effects on human health, the steps that the owner or operator of the public water system is taking to correct the exceedance, and the necessity of seeking alternative water supplies until the exceedance is corrected. ``(6) Privacy.--Any notice under this subsection to the public or an affected person shall protect the privacy of individual customer information.''. SEC. 3. PROHIBITION ON USE OF LEAD PIPES, SOLDER, AND FLUX. Section 1417 of the Safe Drinking Water Act (42 U.S.C. 300g-6) is amended-- (1) by amending subsection (a)(2)(A) to read as follows: ``(A) In general.-- ``(i) Identification and notice.--Each owner or operator of a public water system shall identify and provide notice to persons who may be affected by-- ``(I) lead contamination of their drinking water where such contamination results from-- ``(aa) the lead content in the construction materials of the public water distribution system; or ``(bb) corrosivity of the water supply sufficient to cause leaching of lead; or ``(II) an exceedance at the 90th percentile of a lead action level in a regulation promulgated under section 1412. ``(ii) Manner and form.--Notice under this paragraph shall be provided in such manner and form as may be reasonably required by the Administrator. Notwithstanding clause (i)(II), notice under this paragraph shall be provided notwithstanding the absence of a violation of any national drinking water standard.''; (2) in subsection (b)(2)-- (A) by striking ``The requirements'' and inserting the following: ``(A) In general.--The requirements''; and (B) by adding at the end the following: ``Enforcement of such requirements shall be carried out by a State with primary enforcement responsibility or the Administrator, as appropriate. ``(B) Notification by administrator.--In the case of an exceedance described in subsection (a)(2)(A)(i)(II), if the public water system or the State in which the public water system is located does not notify the persons who may be affected by such exceedance in accordance with subsection (a)(2), the Administrator shall notify such persons of such exceedance in accordance with subsection (a)(2), including notification of the relevant concentrations of lead. Such notice shall protect the privacy of individual customer information.''; and (3) by adding at the end the following: ``(f) Public Education.-- ``(1) In general.--The Administrator shall make information available to the public regarding lead in drinking water, including information regarding-- ``(A) risks associated with lead in drinking water; ``(B) the likelihood that drinking water in a residence may contain lead; ``(C) steps States, public water systems, and consumers can take to reduce the risks of lead; and ``(D) the availability of additional resources that consumers can use to minimize lead exposure, including information on how to sample for lead in drinking water. ``(2) Vulnerable populations.--In making information available to the public under this subsection, the Administrator shall carry out targeted outreach strategies that focus on educating groups within the general population that may be at greater risk than the general population of adverse health effects from exposure to lead in drinking water.''. Passed the House of Representatives February 10, 2016. Attest: KAREN L. HAAS, Clerk.

Safe Drinking Water Act Improved Compliance Awareness Act (Sec. 2) This bill amends the Safe Drinking Water Act to require public water systems to notify their customers when a lead action level under national drinking water regulations is exceeded in more than 10% of customer taps sampled. (An action level is a level of contaminates which triggers a requirement for the public water system to take additional actions to control corrosion.) The Environmental Protection Agency (EPA) must notify customers if the state or the public water system fails to notify the public within 24 hours of receiving notice from the EPA. Community water systems' consumer confidence reports must include: (1) a definition of "action level," and (2) the action level for contaminants detected in water provided by the public water system. The EPA must establish a strategic plan for conducting targeted outreach, education, technical assistance, and risk communication to populations affected by lead in the public water system. EPA employees must forward to the public water system and to the state information indicating that drinking water contains lead that exceeds a lead action level. The public water system must then disseminate this information to its customers along with its potential adverse effects on human health, corrective steps underway, and advice on whether customers should seek alternative water supplies. If the public water system or the state fails to disseminate the information, the EPA must disseminate it as soon as reasonably possible. (Sec. 3) The EPA must: (1) make information about lead in drinking water available to the public, and (2) carry out targeted outreach strategies that focus on educating groups that are at greater risk than the general population for adverse health effects from exposure to lead in drinking water.

Safe Drinking Water Act Improved Compliance Awareness Act

SECTION 1. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; and (2) the Committee on Foreign Affairs of the House of Representatives. TITLE I--TRANSFER OF EXCESS UNITED STATES NAVAL VESSELS SEC. 101. SHORT TITLE. This title may be cited as the ``Naval Vessel Transfer Act of 2013''. SEC. 102. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN RECIPIENTS. (a) Transfers by Grant to Mexico.--The President is authorized to transfer to the Government of Mexico the OLIVER HAZARD PERRY class guided missile frigates USS CURTS (FFG-38) and USS MCCLUSKY (FFG-41) on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). (b) Transfer by Sale to the Taipei Economic and Cultural Representative Office in the United States.--The President is authorized to transfer the OLIVER HAZARD PERRY class guided missile frigates USS TAYLOR (FFG-50), USS GARY (FFG-51), USS CARR (FFG-52), and USS ELROD (FFG-55) to the Taipei Economic and Cultural Representative Office in the United States (which is the Taiwan instrumentality designated pursuant to section 10(a) of the Taiwan Relations Act (22 U.S.C. 3309(a))) on a sale basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761). (c) Alternative Transfer Authority.--Notwithstanding the authority provided in subsections (a) and (b) and to transfer specific vessels to specific countries, the President is authorized to transfer any vessel named in this title to any country named in this section, subject to the same conditions that would apply for such country under this section, such that the total number of vessels transferred to such country does not exceed the total number of vessels authorized for transfer to such country by this section. (d) Grants Not Counted in Annual Total of Transferred Excess Defense Articles.--The value of a vessel transferred to another country on a grant basis pursuant to authority provided by subsection (a) shall not be counted against the aggregate value of excess defense articles transferred in any fiscal year under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). (e) Costs of Transfers.--Any expense incurred by the United States in connection with a transfer authorized by this section shall be charged to the recipient notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)). (f) Repair and Refurbishment in United States Shipyards.--To the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under this section, that the recipient to which the vessel is transferred have such repair or refurbishment of the vessel as is needed, before the vessel joins the naval forces of that recipient, performed at a shipyard located in the United States. (g) Expiration of Authority.--The authority to transfer a vessel under this section shall expire at the end of the 3-year period beginning on the date of the enactment of this Act. TITLE II--ADDITIONAL PROVISIONS SEC. 201. ENHANCED CONGRESSIONAL OVERSIGHT OF ARMS SALES, INCLUDING TO THE MIDDLE EAST. Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended by adding at the end the following new subsection: ``(i) Prior Notification of Shipment of Arms.--At least 30 days prior to a shipment of defense articles subject to the requirements of subsection (b) at the joint request of the Chairman and Ranking Member of the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives, the President shall provide notification of such pending shipment, in unclassified form, with a classified annex as necessary, to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.''. SEC. 202. INCREASE IN ANNUAL LIMITATION ON TRANSFER OF EXCESS DEFENSE ARTICLES. Section 516(g)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(g)(1)) is amended by striking ``$425,000,000'' and inserting ``$500,000,000''. SEC. 203. INTEGRATED AIR AND MISSILE DEFENSE PROGRAMS AT TRAINING LOCATIONS IN SOUTHWEST ASIA. Section 544(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2347c(c)) is amended by adding at the end the following new paragraph: ``(4) The President shall report to the appropriate congressional committees (as defined in section 656(e)) annually on the activities undertaken in the programs authorized under this subsection.''. SEC. 204. LICENSING OF CERTAIN COMMERCE-CONTROLLED ITEMS. Section 38 of the Arms Export Control Act (22 U.S.C. 2778) is amended by adding at the end the following new subsection: ``(k) Licensing of Certain Commerce-Controlled Items.-- ``(1) In general.--A license or other approval from the Department of State granted in accordance with this section may also authorize the export of items subject to the Export Administration Regulations if such items are to be used in or with defense articles controlled on the United States Munitions List. ``(2) Other requirements.--The following requirements shall apply with respect to a license or other approval to authorize the export of items subject to the Export Administration Regulations under paragraph (1): ``(A) Separate approval from the Department of Commerce shall not be required for such items if such items are approved for export under a Department of State license or other approval. ``(B) Such items subject to the Export Administration Regulations that are exported pursuant to a Department of State license or other approval would remain under the jurisdiction of the Department of Commerce with respect to any subsequent transactions. ``(C) The inclusion of the term `subject to the EAR' or any similar term on a Department of State license or approval shall not affect the jurisdiction with respect to such items. ``(3) Definition.--In this subsection, the term `Export Administration Regulations' means-- ``(A) the Export Administration Regulations as maintained and amended under the authority of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or ``(B) any successor regulations.''. SEC. 205. AMENDMENTS RELATING TO REMOVAL OF MAJOR DEFENSE EQUIPMENT FROM UNITED STATES MUNITIONS LIST. (a) Requirements for Removal of Major Defense Equipment From United States Munitions List.--Section 38(f) of the Arms Export Control Act (22 U.S.C. 2778(f)) is amended by adding at the end the following: ``(5)(A) Except as provided in subparagraph (B), the President shall take such actions as may be necessary to require that, at the time of export or reexport of any major defense equipment listed on the 600 series of the Commerce Control List contained in Supplement No. 1 to part 774 of subtitle B of title 15, Code of Federal Regulations, the major defense equipment will not be subsequently modified so as to transform such major defense equipment into a defense article. ``(B) The President may authorize the transformation of any major defense equipment described in subparagraph (A) into a defense article if the President-- ``(i) determines that such transformation is appropriate and in the national interests of the United States; and ``(ii) provides notice of such transformation to the chairman of the Committee on Foreign Affairs of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate consistent with the notification requirements of section 36(b)(5)(A) of this Act. ``(C) In this paragraph, the term `defense article' means an item designated by the President pursuant to subsection (a)(1).''. (b) Notification and Reporting Requirements for Major Defense Equipment Removed From United States Munitions List.--Section 38(f) of the Arms Export Control Act (22 U.S.C. 2778(f)), as amended by this section, is further amended by adding at the end the following: ``(6) The President shall ensure that any major defense equipment that is listed on the 600 series of the Commerce Control List contained in Supplement No. 1 to part 774 of subtitle B of title 15, Code of Federal Regulations, shall continue to be subject to the notification and reporting requirements of the following provisions of law: ``(A) Section 516(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(f)). ``(B) Section 655 of the Foreign Assistance Act of 1961 (22 U.S.C. 2415). ``(C) Section 3(d)(3)(A) of this Act. ``(D) Section 25 of this Act. ``(E) Section 36(b), (c), and (d) of this Act.''. SEC. 206. AMENDMENT TO DEFINITION OF ``SECURITY ASSISTANCE'' UNDER THE FOREIGN ASSISTANCE ACT OF 1961. Section 502B(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)) is amended-- (1) in paragraph (1), by striking ``and'' at the end; and (2) by amending paragraph (2)(C) to read as follows: ``(C) any license in effect with respect to the export to or for the armed forces, police, intelligence, or other internal security forces of a foreign country of-- ``(i) defense articles or defense services under section 38 of the Armed Export Control Act (22 U.S.C. 2778); or ``(ii) items listed under the 600 series of the Commerce Control List contained in Supplement No. 1 to part 774 of subtitle B of title 15, Code of Federal Regulations;''. SEC. 207. AMENDMENTS TO DEFINITIONS OF ``DEFENSE ARTICLE'' AND ``DEFENSE SERVICE'' UNDER THE ARMS EXPORT CONTROL ACT. Section 47 of the Arms Export Control Act (22 U.S.C. 2794) is amended-- (1) in the matter preceding subparagraph (A) of paragraph (3), by striking ``includes'' and inserting ``means, with respect to a sale or transfer by the United States under the authority of this Act or any other foreign assistance or sales program of the United States''; and (2) in paragraph (4), by striking ``includes'' and inserting ``means, with respect to a sale or transfer by the United States under the authority of this Act or any other foreign assistance or sales program of the United States,''. SEC. 208. TECHNICAL AMENDMENTS. (a) In General.--The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended-- (1) in sections 3(a), 3(d)(1), 3(d)(3)(A), 3(e), 5(c), 6, 21(g), 36(a), 36(b)(1), 36(b)(5)(C), 36(c)(1), 36(f), 38(f)(1), 40(f)(1), 40(g)(2)(B), 101(b), and 102(a)(2), by striking ``the Speaker of the House of Representatives and'' each place it appears and inserting ``the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and''; (2) in section 21(i)(1) by inserting after ``the Speaker of the House of Representatives'' the following ``, the Committees on Foreign Affairs and Armed Services of the House of Representatives,''; (3) in sections 25(e), 38(f)(2), 38(j)(3), and 38(j)(4)(B), by striking ``International Relations'' each place it appears and inserting ``Foreign Affairs''; (4) in sections 27(f) and 62(a), by inserting after ``the Speaker of the House of Representatives,'' each place it appears the following: ``the Committee on Foreign Affairs of the House of Representatives,''; and (5) in section 73(e)(2), by striking ``the Committee on National Security and the Committee on International Relations of the House of Representatives'' and inserting ``the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives''. (b) Other Technical Amendments.-- (1) Arms export control act.--The Arms Export Control Act (22 U.S.C. 2751 et seq.), as amended by subsection (a), is further amended-- (A) in section 38-- (i) in subsection (b)(1), by redesignating the second subparagraph (B) (as added by section 1255(b) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1431)) as subparagraph (C); (ii) in subsection (g)(1)(A)-- (I) in clause (xi), by striking ``; or'' and inserting ``, or''; and (II) in clause (xii)-- (aa) by striking ``section'' and inserting ``sections''; and (bb) by striking ``(18 U.S.C. 175b)'' and inserting ``(18 U.S.C. 175c)''; and (iii) in subsection (j)(2), in the matter preceding subparagraph (A), by inserting ``in'' after ``to''; and (B) in section 47(2), in the matter preceding subparagraph (A), by striking ``sec. 21(a),,'' and inserting ``section 21(a),''. (2) Foreign assistance act of 1961.--Section 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2304) is amended-- (A) in subsection (b), by striking ``Wherever applicable, a description'' and inserting ``Wherever applicable, such report shall include a description''; and (B) in subsection (d)(2)(B), by striking ``credits'' and inserting ``credits)''. SEC. 209. APPLICATION OF CERTAIN PROVISIONS OF EXPORT ADMINISTRATION ACT OF 1979. (a) Protection of Information.--Section 12(c) of the Export Administration Act of 1979 (50 U.S.C. App. 2411(c)) has been in effect from August 20, 2001, and continues in effect on and after the date of the enactment of this Act, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and notwithstanding section 20 of the Export Administration Act of 1979 (50 U.S.C. App. 2419). Section 12(c)(1) of the Export Administration Act of 1979 is a statute covered by section 552(b)(3) of title 5, United States Code. (b) Termination Date.--Subsection (a) terminates at the end of the 4-year period beginning on 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.

(This measure has not been amended since it was passed by the Senate on December 4, 2014. Title I: Transfer of Excess United States Naval Vessels - Naval Vessel Transfer Act of 2013 - (Sec. 102) Authorizes the President to transfer on a grant basis to Mexico, the OLIVER HAZARD PERRY class guided missile frigates CURTS and MCCLUSKY. Authorizes the President to transfer on a sale basis the OLIVER HAZARD PERRY class guided missile frigates TAYLOR, GARY, CARR, and ELROD to the Taipei Economic and Cultural Representative Office of the United States (which is the Taiwan instrumentality designated pursuant to the Taiwan Relations Act). Authorizes the President to transfer any vessel named in this Act to any country named in this Act such that the total number of vessels transferred to such country does not exceed the total number of vessels authorized for transfer to such country by this Act. States that: the value of such vessels transferred on a grant basis shall not be counted against the aggregate value of excess defense articles transferred to countries in any fiscal year under the Foreign Assistance Act of 1961; transfer costs shall be charged to the recipient; and to the maximum extent practicable, the country to which a vessel is transferred shall have necessary vessel repair and refurbishment carried out at U.S. shipyards. Terminates transfer authority three years after enactment of this Act. Title II: Additional Provisions - (Sec. 201) Amends the Arms Export Control Act to direct the President to notify Congress at least 30 days prior to a shipment of certain defense articles. (Sec. 202) Amends the Foreign Assistance Act to increase annual funds limits for transfers of excess defense articles. (Sec. 203) Directs the President to report to Congress annually regarding cooperative arrangements providing for the participation of foreign and U.S. military and civilian defense personnel in post-undergraduate flying training and tactical leadership programs and integrated air and missile defense programs at training locations in Southwest Asia. (Sec. 204) Declares that: a defense-related license or other approval from the Department of State may also authorize the export of items subject to the Export Administration Regulations if such items are to be used in or with defense articles controlled on the United States Munitions List; and separate Department of Commerce approval shall not be required, but such items shall remain under Department of Commerce jurisdiction with respect to any subsequent transactions. (Sec. 205) Directs the President to require that at the time of export or reexport of certain major defense equipment such equipment will not be subsequently modified so as to transform it into a defense article. Authorizes the President to permit the transformation of any major defense equipment into a defense article if in U.S. national interests, and with congressional notification. (Sec. 206) Amends the Foreign Assistance Act of 1961 to revise the definition of "security assistance." (Sec. 207) Amends the Arms Export Control Act to revise the definitions of "defense article" and "defense service." (Sec. 208) Makes specified technical amendments to the Arms Export Control Act and the Foreign Assistance Act of 1961. (Sec. 209) States that certain confidentiality of information requirements of the Export Administration Act of 1979 have been in effect from August 20, 2001, and shall remain in effect for four years after enactment of this Act.

A bill to provide for the transfer of naval vessels to certain foreign recipients, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disclosure; and Encouragement of Verification, Innovation, Cleaning, and Efficiency Act of 2016''. SEC. 2. REPORTING REQUIREMENT FOR DESIGN AND REPROCESSING INSTRUCTION CHANGES. (a) Adulteration.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351) is amended by inserting after paragraph (j) the following: ``(k) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(q) (relating to design and reprocessing changes).''. (b) Requirement.--Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) is amended by adding at the end the following: ``(q) Reporting Requirement for Device Design Changes.--Before making a change to the design of a device, or the reprocessing instructions of a device, that is marketed in interstate commerce, the manufacturer of the device shall give written notice of the change to the Food and Drug Administration.''. SEC. 3. REPORTING REQUIREMENT FOR CERTAIN COMMUNICATIONS TO FOREIGN HEALTH CARE PROVIDERS. (a) Adulteration.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351), as amended by section 2 of this Act, is further amended by inserting after paragraph (k) the following: ``(l) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(r) (relating to communications to foreign health care providers).''. (b) Requirement.--Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360), as amended by section 2 of this Act, is further amended by adding at the end the following: ``(r) Reporting Requirement for Certain Communications to Foreign Health Care Providers.-- ``(1) Requirement.--The manufacturer of a device that is marketed in interstate commerce shall give written notice to the Food and Drug Administration of any communication described in paragraph (2) not more than 5 calendar days after making such communication. ``(2) Communication described.--A communication is described in this paragraph if the communication-- ``(A) is made by the manufacturer of the device or an affiliate of the manufacturer; ``(B) relates to a change to the design of the device, a change to the recommended reprocessing protocols, if any, for the device, or a safety concern about the device; and ``(C) is widely disseminated (including on a voluntary basis) to health care providers in a foreign country. ``(3) Affiliate.--In this subsection, the term `affiliate' means a business entity that has a relationship with a second business entity if, directly or indirectly-- ``(A) one business entity controls, or has the power to control, the other business entity; or ``(B) a third party controls, or has the power to control, both of the business entities.''. SEC. 4. RAPID ASSESSMENT TESTS INTENDED TO ENSURE PROPER REPROCESSING. (a) Inclusion in Device Definition.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended-- (1) in paragraph (h)-- (A) in subparagraph (2), by striking ``or'' at the end; (B) in subparagraph (3), by striking ``and'' at the end and inserting ``or''; and (C) by inserting after subparagraph (3) the following: ``(4) a rapid assessment test intended to ensure the proper reprocessing of a reusable device (as defined in paragraph (ss)), and''; and (2) by adding at the end the following: ``(ss) The term `reusable device' means a device that-- ``(1) is intended to be used more than one time; and ``(2) must be sanitized (whether through cleaning, disinfection, or sterilization) to ensure that the device is safe and effective for such intended use.''. (b) Instructions for Use and Validation Data.--Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360), as amended by sections 2 and 3 of this Act, is further amended by adding at the end the following: ``(s) Instructions for Use and Validation Data.-- ``(1) Initial list.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall by regulation develop and publish a list of types of rapid assessment tests described in section 201(h)(4) for which reports under subsection (k) must include-- ``(A) instructions for use that have been validated in a manner specified by the Secretary; and ``(B) validation data, of the types specified by the Secretary. ``(2) Updates.--The Secretary shall by regulation periodically update the list required by paragraph (1). ``(3) Enforcement.--Beginning on the date of publication of the initial list under paragraph (1), the Secretary shall not accept any notification under subsection (k) for clearance of a type of rapid assessment test that is included on such list unless such notification includes instructions for use and validation data in accordance with paragraph (1).''.

Disclosure; and Encouragement of Verification, Innovation, Cleaning, and Efficiency Act of 2016 This bill amends the Federal Food, Drug, and Cosmetic Act by requiring a manufacturer of a medical device to give the Food and Drug Administration (FDA) premarket notification of changes to the design or reprocessing instructions of its device. Medical device manufacturers must also notify the FDA within five days of widely disseminating to health care providers in a foreign country communications relating to a change to the recommended reprocessing protocols, if any, for their device, or a safety concern about the device. The bill bans the devices if the manufacturers violate the notification requirements concerning those design or reprocessing changes or communications to foreign health care providers. The FDA must publish a list of the types of rapid assessment tests of reusable devices for which premarket notification must include proposed labeling, including validated instructions regarding sanitizing reusable devices.

Disclosure; and Encouragement of Verification, Innovation, Cleaning, and Efficiency Act of 2016

SECTION 1. EARNED IMPORT ALLOWANCE PROGRAM. (a) In General.--Title IV of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (Public Law 109-53; 119 Stat. 495) is amended by adding at the end the following: ``SEC. 404. EARNED IMPORT ALLOWANCE PROGRAM. ``(a) Preferential Treatment.-- ``(1) In general.--Eligible apparel articles wholly assembled in an eligible country and imported directly from an eligible country shall enter the United States free of duty, without regard to the source of the fabric or yarns from which the articles are made, if such apparel articles are accompanied by an earned import allowance certificate that reflects the amount of credits equal to the total square meter equivalents of fabric in such apparel articles, in accordance with the program established under subsection (b). ``(2) Determination of quantity of sme.--For purposes of determining the quantity of square meter equivalents under paragraph (1), the conversion factors listed in `Correlation: U.S. Textile and Apparel Industry Category System with the Harmonized Tariff Schedule of the United States of America, 2008', or its successor publications, of the United States Department of Commerce, shall apply. ``(b) Earned Import Allowance Program.-- ``(1) Establishment.--The Secretary of Commerce shall establish a program to provide earned import allowance certificates to any producer or entity controlling production of eligible apparel articles in an eligible country for purposes of subsection (a), based on the elements described in paragraph (2). ``(2) Elements.--The elements referred to in paragraph (1) are the following: ``(A) One credit shall be issued to a producer or an entity controlling production for every two square meter equivalents of qualifying fabric that the producer or entity controlling production can demonstrate that it has purchased for the manufacture in an eligible country of articles like or similar to any article eligible for preferential treatment under subsection (a). The Secretary of Commerce shall, if requested by a producer or entity controlling production, create and maintain an account for such producer or entity controlling production, into which such credits may be deposited. ``(B) Such producer or entity controlling production may redeem credits issued under subparagraph (A) for earned import allowance certificates reflecting such number of earned credits as the producer or entity may request and has available. ``(C) Any textile mill or other entity located in the United States that exports qualifying fabric to an eligible country may submit, upon such export or upon request, the Shipper's Export Declaration, or successor documentation, to the Secretary of Commerce-- ``(i) verifying that the qualifying fabric was exported to a producer or entity controlling production in an eligible country; and ``(ii) identifying such producer or entity controlling production, and the quantity and description of qualifying fabric exported to such producer or entity controlling production. ``(D) The Secretary of Commerce may require that a producer or entity controlling production submit documentation to verify purchases of qualifying fabric. ``(E) The Secretary of Commerce may make available to each person or entity identified in the documentation submitted under subparagraph (C) or (D) information contained in such documentation that relates to the purchase of qualifying fabric involving such person or entity. ``(F) The program shall be established so as to allow, to the extent feasible, the submission, storage, retrieval, and disclosure of information in electronic format, including information with respect to the earned import allowance certificates required under subsection (a)(1). ``(G) The Secretary of Commerce may reconcile discrepancies in the information provided under subparagraph (C) or (D) and verify the accuracy of such information. ``(H) The Secretary of Commerce shall establish procedures to carry out the program under this section by September 30, 2008, and may establish additional requirements to carry out the program. ``(c) Definitions.--For purposes of this section-- ``(1) the term `appropriate congressional committees' means the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate; ``(2) the term `eligible apparel articles' means the following articles classified in chapter 62 of the HTS (and meeting the requirements of the rules relating to chapter 62 of the HTS contained in general note 29(n) of the HTS) of cotton (but not of denim): trousers, bib and brace overalls, breeches and shorts, skirts and divided skirts, and pants; ``(3) the term `eligible country' means the Dominican Republic; and ``(4) the term `qualifying fabric' means woven fabric of cotton wholly formed in the United States from yarns wholly formed in the United States and certified by the producer or entity controlling production as being suitable for use in the manufacture of apparel items such as trousers, bib and brace overalls, breeches and shorts, skirts and divided skirts or pants, all the foregoing of cotton, except that-- ``(A) fabric otherwise eligible as qualifying fabric shall not be ineligible as qualifying fabric because the fabric contains nylon filament yarn with respect to which section 213(b)(2)(A)(vii)(IV) of the Caribbean Basin Economic Recovery Act applies; ``(B) fabric that would otherwise be ineligible as qualifying fabric because the fabric contains yarns not wholly formed in the United States shall not be ineligible as qualifying fabric if the total weight of all such yarns is not more than 10 percent of the total weight of the fabric, except that any elastomeric yarn contained in an eligible apparel article must be wholly formed in the United States; and ``(C) fabric otherwise eligible as qualifying fabric shall not be ineligible as qualifying fabric because the fabric contains yarns or fibers that have been designated as not commercially available pursuant to-- ``(i) article 3.25(4) or Annex 3.25 of the Agreement; ``(ii) Annex 401 of the North American Free Trade Agreement; ``(iii) section 112(b)(5) of the African Growth and Opportunity Act; ``(iv) section 204(b)(3)(B)(i)(III) or (ii) of the Andean Trade Preference Act; ``(v) section 213(b)(2)(A)(v) or 213A(b)(5)(A) of the Caribbean Basin Economic Recovery Act; or ``(vi) any other provision, relating to determining whether a textile or apparel article is an originating good eligible for preferential treatment, of a law that implements a free trade agreement entered into by the United States that is in effect at the time the claim for preferential treatment is made. ``(d) Review and Report.-- ``(1) Review.--The United States International Trade Commission shall carry out a review of the program under this section annually for the purpose of evaluating the effectiveness of, and making recommendations for improvements in, the program. ``(2) Report.--The United States International Trade Commission shall submit to the appropriate congressional committees annually a report on the results of the review carried out under paragraph (1). ``(e) Effective Date and Applicability.-- ``(1) Effective date.--The program under this section shall be in effect for the 10-year period beginning on the date on which the President certifies to the appropriate congressional committees that sections A, B, C, and D of the Annex to Presidential Proclamation 8213 (December 20, 2007) have taken effect. ``(2) Applicability.--The program under this section shall apply with respect to qualifying fabric exported to an eligible country on or after August 1, 2007.''. (b) Clerical Amendment.--The table of contents for the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act is amended by inserting after the item relating to section 403 the following: ``Sec. 404. Earned import allowance program.''. SEC. 2. AFRICAN GROWTH AND OPPORTUNITY ACT. (a) In General.--Section 112 of the African Growth and Opportunity Act (19 U.S.C. 3721) is amended-- (1) in subsection (b)(6)(A), by striking ``ethic'' in the second sentence and inserting ``ethnic''; and (2) in subsection (c)-- (A) in paragraph (1), by striking ``, and subject to paragraph (2),''; (B) by striking paragraphs (2) and (3); (C) in paragraph (4)-- (i) by striking ``Subsection (b)(3)(C)'' and inserting ``Subsection (b)(3)(B)''; and (ii) by redesignating such paragraph (4) as paragraph (2); and (D) by striking paragraph (5) and inserting the following: ``(3) Definition.--In this subsection, the term `lesser developed beneficiary sub-Saharan African country' means-- ``(A) a beneficiary sub-Saharan African country that had a per capita gross national product of less than $1,500 in 1998, as measured by the International Bank for Reconstruction and Development; ``(B) Botswana; ``(C) Namibia; and ``(D) Mauritius.''. (b) Applicability.--The amendments made by subsection (a) apply to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. (c) Review and Reports.-- (1) ITC review and report.-- (A) Review.--The United States International Trade Commission shall conduct a review to identify yarns, fabrics, and other textile and apparel inputs that through new or increased investment or other measures can be produced competitively in beneficiary sub- Saharan African countries. (B) Report.--Not later than 7 months after the date of the enactment of this Act, the United States International Trade Commission shall submit to the appropriate congressional committees and the Comptroller General a report on the results of the review carried out under subparagraph (A). (2) GAO report.--Not later than 90 days after the submission of the report under paragraph (1)(B), the Comptroller General shall submit to the appropriate congressional committees a report that, based on the results of the report submitted under paragraph (1)(B) and other available information, contains recommendations for changes to United States trade preference programs, including the African Growth and Opportunity Act (19 U.S.C. 3701 et seq.) and the amendments made by that Act, to provide incentives to increase investment and other measures necessary to improve the competitiveness of beneficiary sub-Saharan African countries in the production of yarns, fabrics, and other textile and apparel inputs identified in the report submitted under paragraph (1)(B), including changes to requirements relating to rules of origin under such programs. (3) Definitions.--In this subsection-- (A) the term ``appropriate congressional committees'' means the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate; and (B) the term ``beneficiary sub-Saharan African countries'' has the meaning given the term in section 506A(c) of the Trade Act of 1974 (19 U.S.C. 2466a(c)). (d) Clerical Amendment.--Section 6002(a)(2)(B) of Public Law 109- 432 is amended by striking ``(B) by striking'' and inserting ``(B) in paragraph (3), by striking''. SEC. 3. GENERALIZED SYSTEM OF PREFERENCES. Section 505 of the Trade Act of 1974 (19 U.S.C. 2465) is amended by striking ``December 31, 2008'' and inserting ``December 31, 2009''. SEC. 4. CUSTOMS USER FEES. (a) In General.--Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended-- (1) in subparagraph (A), by striking ``November 14, 2017'' and inserting ``January 31, 2018''; and (2) in subparagraph (B)(i), by striking ``October 7, 2017'' and inserting ``January 31, 2018''. (b) Repeal.--Section 15201 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246) is amended by striking subsections (c) and (d). SEC. 5. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES. The percentage under subparagraph (C) of section 401(1) of the Tax Increase Prevention and Reconciliation Act of 2005 in effect on the date of the enactment of this Act is increased by 1.75 percentage points. SEC. 6. TECHNICAL CORRECTIONS. Section 15402 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246) is amended-- (1) in subsections (a) and (b), by striking ``Carribean'' each place it appears and inserting ``Caribbean''; and (2) in subsection (d), by striking ``231A(b)'' and inserting ``213A(b)''. Passed the House of Representatives July 29, 2008. Attest: LORRAINE C. MILLER, Clerk.

Amends the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act to direct the Secretary of Commerce to establish an earned import allowance program, which shall provide earned import allowance certificates to any producer or entity controlling production of eligible apparel articles in the Dominican Republic, based on specified elements. Specifies as eligible apparel articles cotton (but not denim) trousers, bib and brace overalls, breeches and shorts, skirts and divided skirts, and pants. Declares that such apparel articles wholly assembled in, and imported directly from, the Dominican Republic shall enter the United States free of duty, without regard to the source of the fabric or yarns from which the articles are made, if they are accompanied by an earned import allowance certificate that reflects the amount of credits equal to the total square meter equivalents of fabric in such apparel articles. Requires the issuance of one credit to a producer or an entity controlling production for every two square meter equivalents of qualifying fabric that the producer or entity has purchased for the manufacture in an eligible country (Dominican Republic) of articles like or similar to any article eligible for preferential treatment. Authorizes the redemption of such credits for earned import allowance certificates reflecting the number of earned credits. Authorizes any textile mill or other entity located in the United States that exports qualifying fabric to an eligible country to submit to the Secretary of Commerce, upon such export or upon request, the Shipper's Export Declaration, or successor documentation: (1) verifying that the qualifying fabric was exported to a producer or entity controlling production in an eligible country; and (2) identifying such producer or entity and the quantity and description of qualifying fabric exported to it. Defines "qualifying fabric," as woven fabric of cotton wholly formed in the United States from yarns (other than nylon filament yarn) wholly formed in the United States and certified suitable for use in the manufacture of apparel items such as trousers, bib and brace overalls, breeches and shorts, skirts and divided skirts or pants. Directs the United States International Trade Commission (ITC) to review annually and report to Congress on the effectiveness of such program. (Sec. 2) Amends the African Growth and Opportunity Act (AGOA) with respect to duty-free treatment for certain textile and apparel articles imported directly into the customs territory of the United States from a beneficiary sub-Saharan African country. Repeals provisions granting preferential treatment for imported apparel articles produced in lesser developed beneficiary sub-Saharan African countries (LDCs) of yarn or fabric that is produced in beneficiary sub-Saharan countries in commercial quantities for use by LDCs. Adds Mauritius as an LDC for preferential treatment of apparel articles wholly assembled, or knit-to-shape and wholly assembled, or both, in one or more LDCs, regardless of the country of origin of the fabric or the yarn used to make such articles. Directs the ITC to review and report to the appropriate congressional committees and the U.S. Comptroller General on yarns, fabrics, and other textile and apparel inputs that through new or increased investment or other measures can be produced competitively in an LDC. Requires the Comptroller General, in turn, to report to Congress recommendations for changes to U.S. trade preference programs (including rules of origin requirements) to provide incentives to increase investment and other measures to improve the competitiveness of LDCs in the production of such textiles and apparel identified in the report. (Sec. 3) Amends the Trade Act of 1974 to extend the duty-free Generalized System of Preferences (GSP) Program through December 31, 2009. (Sec. 4) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend through January 31, 2018, the authority for certain customs fees for the processing of merchandise entered into the United States. (Sec. 5) Amends the Tax Increase Prevention and Reconciliation Act of 2005 to increase by 1.75% the amount of any estimated tax installment otherwise due in July, August, or September 2013 from a corporation with assets of at least $1 billion.

To establish an earned import allowance program under Public Law 109-53, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assistant United States Attorney Retirement Benefit Equity Act of 2005''. SEC. 2. RETIREMENT TREATMENT OF ASSISTANT UNITED STATES ATTORNEYS. (a) Civil Service Retirement System.-- (1) Assistant united states attorney defined.--Section 8331 of title 5, United States Code, is amended-- (A) in paragraph (28), by striking ``and'' at the end; (B) in the first paragraph (29), by striking the period and inserting a semicolon; (C) in the second paragraph (29)-- (i) by striking ``(29)'' and inserting ``(30)''; and (ii) by striking the period and inserting ``; and''; and (D) by adding at the end the following: ``(31) `assistant United States attorney' means-- ``(A) an assistant United States attorney under section 542 of title 28; and ``(B) any other attorney employed by the Department of Justice occupying a position designated by the Attorney General upon finding that the position-- ``(i) involves routine employee responsibilities that are substantially similar to those of assistant United States attorneys; and ``(ii) is critical to the Department's successful accomplishment of an important mission.''. (2) Retirement treatment.--Chapter 83 of title 5, United States Code, is amended by adding after section 8351 the following: ``Sec. 8352. Assistant United States attorneys ``Except as provided under the Assistant United States Attorneys Retirement Benefit Equity Act of 2005 (including the provisions relating to the non-applicability of mandatory separation requirements under section 8335(b) and 8425(b) of this title), an assistant United States attorney shall be treated in the same manner and to the same extent as a law enforcement officer for purposes of this chapter.''. (3) Technical and conforming amendments.--(A) The table of sections for chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8351 the following: ``8352. Assistant United States attorneys.'' (B) Section 8335(a) of such title is amended by striking ``8331(29)(A)'' and inserting ``8331(30)(A)''. (b) Federal Employees' Retirement System.-- (1) Assistant united states attorney defined.--Section 8401 of title 5, United States Code, is amended-- (A) in paragraph (34), by striking ``and'' at the end; (B) in paragraph (35), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(36) `assistant United States attorney' means-- ``(A) an assistant United States attorney under section 542 of title 28; and ``(B) any other attorney employed by the Department of Justice occupying a position designated by the Attorney General upon finding that the position-- ``(i) involves routine employee responsibilities that are substantially similar to those of assistant United States attorneys; and ``(ii) is critical to the Department's successful accomplishment of an important mission.''. (2) Retirement treatment.--Section 8402 of title 5, United States Code, is amended by adding at the end the following: ``(h) Except as provided under the Assistant United States Attorneys Retirement Benefit Equity Act of 2005 (including the provisions relating to the non-applicability of mandatory separation requirements under section 8335(b) and 8425(b) of this title), an assistant United States attorney shall be treated in the same manner and to the same extent as a law enforcement officer for purposes of this chapter.''. (c) Mandatory Separation.--Sections 8335(b) and 8425(b) of title 5, United States Code, are amended by adding at the end the following: ``The preceding provisions of this subsection shall not apply in the case of an assistant United States attorney as defined under section 8331(31) or 8401(36).''. (d) Effective Date.--The amendments made by this section shall take effect on the first day of the first applicable pay period beginning on or after 120 days after the date of enactment of this Act. SEC. 3. PROVISIONS RELATING TO INCUMBENTS. (a) Definitions.--In this section-- (1) the term ``assistant United States attorney'' means-- (A) an assistant United States attorney under section 542 of title 28, United States Code; and (B) any other attorney employed by the Department of Justice occupying a position designated by the Attorney General upon finding that the position-- (i) involves routine employee responsibilities that are substantially similar to those of assistant United States attorneys; and (ii) is critical to the Department's successful accomplishment of an important mission; and (2) the term ``incumbent'' means an individual who is serving as an assistant United States attorney on the effective date of this section. (b) Designated Attorneys.--If the Attorney General makes any designation of an attorney to meet the definition under subsection (a)(1)(B) for purposes of being an incumbent under this section-- (1) such designation shall be made before the effective date of this section; and (2) the Attorney General shall submit to the Office of Personnel Management before that effective date-- (A) the name of the individual designated; and (B) the period of service performed by that individual as an assistant United States attorney before that effective date. (c) Notice Requirement.--Not later than 9 months after the date of enactment of this Act, the Department of Justice shall take measures reasonably designed to provide notice to incumbents on-- (1) their election rights under this Act; and (2) the effects of making or not making a timely election under this Act. (d) Election Available to Incumbents.-- (1) In general.--An incumbent may elect, for all purposes, to be treated-- (A) in accordance with the amendments made by this Act; or (B) as if this Act had never been enacted. (2) Failure to elect.--Failure to make a timely election under this subsection shall be treated in the same way as an election under paragraph (1)(A), made on the last day allowable under paragraph (3). (3) Time limitation.--An election under this subsection shall not be effective unless the election is made not later than the earlier of-- (A) 120 days after the date on which the notice under subsection (c) is provided; or (B) the date on which the incumbent involved separates from service. (e) Limited Retroactive Effect.-- (1) Effect on retirement.--In the case of an incumbent who elects (or is deemed to have elected) the option under subsection (d)(1)(A), all service performed by that individual as an assistant United States attorney and, with respect to (B) below, including any service performed by such individual pursuant to an appointment under sections 515, 541, 543, and 546 of title 28, United States Code, shall-- (A) to the extent performed on or after the effective date of that election, be treated in accordance with applicable provisions of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, as amended by this Act; and (B) to the extent performed before the effective date of that election, be treated in accordance with applicable provisions of subchapter III of chapter 83 or chapter 84 of such title, as if the amendments made by this Act had then been in effect. (2) No other retroactive effect.--Nothing in this Act (including the amendments made by this Act) shall affect any of the terms or conditions of an individual's employment (apart from those governed by subchapter III of chapter 83 or chapter 84 of title 5, United States Code) with respect to any period of service preceding the date on which such individual's election under subsection (d) is made (or is deemed to have been made). (f) Individual Contributions for Prior Service.-- (1) In general.--An individual who makes an election under subsection (d)(1)(A) shall, with respect to prior service performed by such individual, deposit, with interest, to the Civil Service Retirement and Disability Fund the difference between the individual contributions that were actually made for such service and the individual contributions that would have been made for such service if the amendments made by section 2 of this Act had then been in effect. (2) Effect of not contributing.--If the deposit required under paragraph (1) is not paid, all prior service of the incumbent shall remain fully creditable as law enforcement officer service, but the resulting annuity shall be reduced in a manner similar to that described in section 8334(d)(2)(B) of title 5, United States Code. This paragraph shall not apply in the case of a disability annuity. (3) Prior service defined.--For purposes of this section, the term ``prior service'' means, with respect to any individual who makes an election (or is deemed to have made an election) under subsection (d)(1)(A), all service performed as an assistant United States attorney, but not exceeding 20 years, performed by such individual before the date as of which applicable retirement deductions begin to be made in accordance with such election. (g) Regulations.--Except as provided under section 4, the Office of Personnel Management shall prescribe regulations necessary to carry out this Act, including provisions under which any interest due on the amount described under subsection (e) shall be determined. (h) Effective Date.--This section shall take effect 120 days after the date of enactment of this Act. SEC. 4. DEPARTMENT OF JUSTICE ADMINISTRATIVE ACTIONS. (a) Regulations.-- (1) In general.--Not later than 120 days after the date of enactment of this Act, the Attorney General, in consultation with the Office of Personnel Management, shall promulgate regulations for designating attorneys described under section 3(a)(1)(B). (2) Contents.--Any regulation promulgated under paragraph (1) shall ensure that attorneys designated as assistant United States attorneys described under section 3(a)(1)(B) have routine employee responsibilities that are substantially similar to those of assistant United States attorneys. (b) Designations.--The designation of any attorney as an assistant United States attorney described under section 3(a)(1)(B) shall be at the discretion of the Attorney General.

Assistant United States Attorney Retirement Benefit Equity Act of 2005 - Grants an assistant United States attorney the same civil service retirement benefits as a law enforcement officer, except as specified. Includes within the definition of "assistant United States attorney" any other attorney employed by the Department of Justice (DOJ) occupying a position designated by the Attorney General upon finding that the position: (1) involves routine employee responsibilities that are substantially similar to those of assistant U.S. attorneys; and (2) is critical to DOJ's successful accomplishment of an important mission. Sets forth provisions regarding the designation of attorneys as assistant U.S. attorneys. Requires DOJ to take measures reasonably designed to provide notice to incumbent assistant U.S. attorneys on their election rights and on the effects of making or not making a timely election. Allows an incumbent to elect, for all purposes, to be treated in accordance with this Act or to be treated as if this Act had never been enacted. Sets forth provisions regarding: (1) time limits for making an election; (2) retroactive effects; and (3) individual contributions for prior service.

A bill to amend title 5, United States Code, to provide to assistant United States attorneys the same retirement benefits as are afforded to Federal law enforcement officers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bilingual Education and Technological Advancement Act of 2000''. SEC. 2. GRANTS FOR COMPUTER SOFTWARE FOR BILINGUAL EDUCATION. (a) Grants Authorized.--Subject to the availability of appropriations, the Secretary of Education may award grants, on a competitive basis, to local educational agencies to provide financial assistance to elementary and secondary schools for obtaining computer software for bilingual education. (b) Preference.--In awarding grants under subsection (a), the Secretary shall give preference to local educational agencies that serve an elementary or secondary school in which-- (1) a majority of the students are from families with incomes below the poverty line, as defined by the Office of Management and Budget and in effect under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)); or (2) there is a high concentration of students with low levels of English proficiency. (c) Eligible Schools.--A grant under this section may be used to provide financial assistance only to an elementary or secondary school that meets the criteria of paragraph (1) or (2) of subsection (b). (d) Study.-- (1) In general.--The Secretary shall conduct an annual study of the effectiveness of the grant program under this section. (2) Report.--By the end of each fiscal year for which appropriations to carry out this Act are available, the Secretary shall transmit to the Congress a report that includes the following: (A) Findings on the effectiveness of this grant program, including the effectiveness of the computer software. (B) Recommendations for improving this grant program. (e) Application.--To seek a grant under subsection (a), a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for grants under this section $80,000,000 for fiscal years 2001 through 2005. SEC. 3. GRANTS FOR COMPUTERS. (a) Grants Authorized.--Subject to the availability of appropriations, the Secretary of Education may award grants, on a competitive basis, to local educational agencies to provide financial assistance to elementary and secondary schools for obtaining computers. (b) Mandatory Grants.--The Secretary shall award a grant under subsection (a) to any local educational agency that-- (1) submits an application under subsection (c); and (2) serves elementary or secondary schools in which, cumulatively, a majority of the students are from families with incomes below the poverty line, as defined by the Office of Management and Budget and in effect under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). (c) Eligible Schools.--A grant under this section may be used to provide financial assistance only to an elementary or secondary school in which-- (1) a majority of students are from families with incomes below the poverty line, as defined by the Office of Management and Budget and in effect under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)); or (2) there are fewer computers than the greater of-- (A) 6 computers; or (B) a number of computers for that type school established by the Secretary by a regulation under this paragraph. (d) Application.--To seek a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for grants under this section $100,000,000 for each of fiscal years 2001 through 2005. SEC. 4. INFORMATION TECHNOLOGY TRAINING AND BILINGUAL EDUCATION PROGRAM GRANTS. (a) In General.--Subject to the availability of appropriations, the Secretaries may make grants to eligible partnerships to pay the Federal share of the cost of establishing and carrying out-- (1) information technology training programs for former participants in information technology training programs who have not received information technology certification, minorities, women, older individuals, veterans, Native Americans, and dislocated workers; and (2) bilingual education programs. (b) Partnerships.--To be an eligible partnership under subsection (a), a partnership shall consist of-- (1) an institution of higher education; and (2) a private organization, such as a certified commercial information technology training provider or an information technology trade or professional association. (c) Application.--To seek a grant under subsection (a), an eligible partnership shall submit an application to the Secretaries at such time, in such manner, and containing such information as the Secretaries may require. (d) Federal Share.-- (1) In general.--The Federal share of the cost described in subsection (a) shall be 50 percent. (2) Non-federal share.--The non-Federal share of the cost shall be provided in cash or in kind, fairly evaluated by the Secretaries, and may include plant, equipment, or services. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretaries to carry out this section $100,000,000 for fiscal year 2001 and such sums as may be necessary for each subsequent fiscal year. SEC. 5. BONUS GRANTS FOR INFORMATION TECHNOLOGY CERTIFICATION. (a) In General.--Subject to the availability of appropriations, the Secretary of Education may make grants to local educational agencies to assist such agencies in awarding bonuses to teachers who achieve information technology certification. (b) Limitation on Amount.--The amount of a grant to a local educational agency under subsection (a) shall not exceed the product determined by multiplying $5,000 by the number of teachers described pursuant to subsection (c)(2) in the application for the grant. (c) Application.-- (1) In general.--To seek a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents.--The application shall include information describing the number of teachers employed by the local educational agency who-- (A) have achieved information technology certification, including such certification for integrating information technology into the classroom or a curriculum; and (B) have not previously received a bonus under this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Education to carry out this section $120,000,000 for each of fiscal years 2001 through 2005. SEC. 6. SCHOLARSHIPS FOR TEACHER TRAINING. (a) Grants Authorized.--Subject to the availability of appropriations, the Secretary of Education may award grants, on a competitive basis, to institutions of higher education to provide scholarships to any eligible student. (b) Eligible Students.--For purposes of this section, the term ``eligible student'' means a student who-- (1) is preparing to enter the teaching workforce; and (2) meets the criteria established under subsection (c). (c) Criteria.--For purposes of subsection (b)(2), the Secretary shall establish criteria that require a student to obtain both technological and bilingual education. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $100,000,000 for fiscal year 2001 and such sums as may be necessary for each of the 4 succeeding fiscal years. SEC. 7. DEFINITIONS. In this Act: (1) Certified commercial information technology training provider.--The term ``certified commercial information technology training provider'' means a private sector provider of educational products and services utilized for training in information technology that is certified by 1 or more software publishers or hardware manufacturers (the products of which are the subject of the training) with respect to-- (A) the curriculum that is used for the training; or (B) the technical knowledge of the instructors of such provider. (2) Dislocated worker.--The term ``dislocated worker'' has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801). (3) Elementary school.--The term ``elementary school'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (4) Information technology certification.--The term ``information technology certification'' means certification in information technology, in accordance with such standards as-- (A)(i) the Computing Technology Industry Association or the Information Technology Training Association may issue, after consultation with chief education officers of States, State boards, entities that certify or license teachers, and other entities affected by the standards; or (ii) a State board or entity that certifies or licenses teachers may issue, after consultation with chief education officers of States, and other entities affected by the standards; and (B) the Secretaries may approve. (5) Information technology training program.--The term ``information technology training program'' means a program for the training of-- (A) computer programmers, systems analysts, and computer scientists or engineers (as such occupations are defined by the Bureau of Labor Statistics); and (B) persons for such other occupations as are determined to be appropriate by the Secretaries, after consultation with a working group broadly solicited by the Secretaries and open to all interested information technology entities and trade and professional associations. (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (7) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (8) Native American.--The term ``Native American'' means an Indian or a Native Hawaiian, as defined in section 166(b) of the Workforce Investment Act of 1998 (29 U.S.C. 2911(b)). (9) Secondary school.--The term ``secondary school'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (10) Secretaries.--The term ``Secretaries'' means the Secretary of Education and the Secretary of Labor, acting jointly. (11) Veteran.--The term ``veteran'' has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801).

(Sec. 3) Authorizes the Secretary to make competitive grants to LEAs to provide financial assistance to elementary and secondary schools for obtaining computers. Requires such grants to be awarded to any applicant LEA that serves elementary or secondary schools in which, cumulatively, a majority of the students are from families with incomes below the poverty line. Allows grants to be used only to assist schools in which: (1) a majority of students meet such poverty criteria; or (2) there are fewer computers than the greater of six or the number established by the Secretary for that type of school. Authorizes appropriations. (Sec. 4) Authorizes the Secretary, jointly with the Secretary of Labor, to make matching grants for: (1) information technology training programs for former participants in such programs who have not received information technology certification, minorities, women, older individuals, veterans, Native Americans, and dislocated workers; and (2) bilingual education programs. Requires a partnership, to be eligible for such a grant, to consist of: (1) an institution of higher education; and (2) a private organization, such as a certified commercial information technology training provider or an information technology trade or professional association. Sets the Federal share of program cost at 50 percent. Authorizes appropriations. (Sec. 5) Authorizes the Secretary to make grants to LEAs to assist them in awarding bonuses to teachers who achieve information technology certification. Limits the amount of such a grant to not more than $5,000 times the number of teachers described in the application. Authorizes appropriations. (Sec. 6) Authorizes the Secretary to make competitive grants to institutions of higher education to provide scholarships to students who: (1) are preparing to enter the teaching profession; and (2) meet criteria established by the Secretary that requires them to obtain both technological and bilingual education. Authorizes appropriations.

Bilingual Education and Technological Advancement Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers' Group Life Insurance Enhancement Act of 2005''. SEC. 2. REPEALER. Effective as of August 31, 2005, section 1012 of division A of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law 109-13; 119 Stat. 244), including the amendments made by that section, are repealed, and sections 1967, 1969, 1970, and 1977 of title 38, United States Code, shall be applied as if that section had not been enacted. SEC. 3. INCREASE FROM $250,000 TO $400,000 IN AUTOMATIC MAXIMUM COVERAGE UNDER SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE. (a) Maximum Under SGLI.--Section 1967 of title 38, United States Code, is amended-- (1) in subsection (a)(3)(A)(i), by striking ``$250,000'' and inserting ``$400,000''; and (2) in subsection (d), by striking ``of $250,000'' and inserting ``in effect under paragraph (3)(A)(i) of that subsection''. (b) Maximum Under VGLI.--Section 1977(a) of such title is amended-- (1) in paragraph (1), by striking ``in excess of $250,000 at any one time'' and inserting ``at any one time in excess of the maximum amount for Servicemembers' Group Life Insurance in effect under section 1967(a)(3)(A)(i) of this title''; and (2) in paragraph (2)-- (A) by striking ``for less than $250,000 under Servicemembers' Group Life Insurance'' and inserting ``under Servicemembers' Group Life Insurance for less than the maximum amount for such insurance in effect under section 1967(a)(3)(A)(i) of this title''; and (B) by striking ``does not exceed $250,000'' and inserting ``does not exceed such maximum amount in effect under such section''. (c) Effective Date.--The amendments made by this section shall take effect as of September 1, 2005, and shall apply with respect to deaths occurring on or after that date. SEC. 4. SPOUSAL NOTIFICATIONS RELATING TO SERVICEMEMBERS' GROUP LIFE INSURANCE PROGRAM. Effective as of September 1, 2005, section 1967 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(f)(1) If a member who is married and who is eligible for insurance under this section makes an election under subsection (a)(2)(A) not to be insured under this subchapter, the Secretary concerned shall notify the member's spouse, in writing, of that election. ``(2) In the case of a member who is married and who is insured under this section and whose spouse is designated as a beneficiary of the member under this subchapter, whenever the member makes an election under subsection (a)(3)(B) for insurance of the member in an amount that is less than the maximum amount provided under subsection (a)(3)(A)(i), the Secretary concerned shall notify the member's spouse, in writing, of that election-- ``(A) in the case of the first such election; and ``(B) in the case of any subsequent such election if the effect of such election is to reduce the amount of insurance coverage of the member from that in effect immediately before such election. ``(3) In the case of a member who is married and who is insured under this section, if the member makes a designation under section 1970(a) of this title of any person other than the spouse or a child of the member as the beneficiary of the member for any amount of insurance under this subchapter, the Secretary concerned shall notify the member's spouse, in writing, that such a beneficiary designation has been made by the member, except that such a notification is not required if the spouse has previously received such a notification under this paragraph and if immediately before the new designation by the member under section 1970(a) of this title the spouse is not a designated beneficiary of the member for any amount of insurance under this subchapter. ``(4) A notification required by this subsection is satisfied by a good faith effort to provide the required information to the spouse at the last address of the spouse in the records of the Secretary concerned. Failure to provide a notification required under this subsection in a timely manner does not affect the validity of any election specified in paragraph (1) or (2) or beneficiary designation specified in paragraph (3).''. SEC. 5. INCREMENTS OF INSURANCE THAT MAY BE ELECTED. (a) Increase in Increment Amount.--Subsection (a)(3)(B) of section 1967 of title 38, United States Code, is amended by striking ``member or spouse'' in the last sentence and inserting ``member, be evenly divisible by $50,000 and, in the case of a member's spouse,''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as of September 1, 2005. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Servicemembers' Group Life Insurance Enhancement Act of 2005 - Repeals, as of August 31, 2005, section 1012 of Division A of P.L. 109-13 which increased the maximum amount of coverage under the Servicemembers' Group Life Insurance (SGLI) program to $400,000 and, for members serving in certain areas or operations, allowed $150,000 of such amount to be paid for by the Secretary concerned. Reinstates Federal provisions concerning such coverage as in effect prior to the enactment of the above Act. Reinstates the PL 109-13 SGLI $400,000 maximum member coverage amount.Requires the Secretary of the military department concerned to notify a member's spouse when a member who is married and is: (1) eligible for SGLI elects not to be so insured; (2) insured and whose spouse is designated as a beneficiary if the member elects coverage in an amount less than the maximum; or (3) insured makes a beneficiary designation of a person other than the member's spouse or child. Requires amounts of SGLI elected by members to be evenly divisible by $50,000 (currently $10,000).

To amend title 38, United States Code, to enhance the Servicemembers' Group Life Insurance program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Undocumented Alien Emergency Medical Assistance Amendments of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) The provision of medical care by public or private health care providers to undocumented aliens is appropriate only-- (A) to protect the health and safety of United States citizens; (B) to save the life of an undocumented alien in a life-threatening medical emergency; and (C) to stabilize an emergency medical condition so that an undocumented alien can be repatriated for medical treatment in the alien's own country. (2) Federal reimbursement of emergency hospital services furnished to undocumented aliens should be conditioned upon obtaining sufficient information to promptly remove the aliens. (3) Employers who employ undocumented aliens without completing employment authorization verification procedures should be held liable for uncompensated emergency services furnished to such aliens. SEC. 3. CONDITIONS FOR RECEIPT OF FEDERAL ASSISTANCE FOR EMERGENCY SERVICES FOR UNDOCUMENTED ALIENS. (a) In General.--Section 1011 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) is amended-- (1) in subsection (d)(1), by adding at the end the following new subparagraph: ``(C) Application of requirement.--Under such process, the Secretary shall not provide payment under subsection (c) to an eligible provider that is a hospital for eligible services for an alien described in subsection (c)(5)(A) unless the requirements of subsection (f) are met by that provider with respect to such alien.''; (2) in subsection (e)(2), by adding at the end the following new sentence: ``Such term also includes, with respect to an undocumented alien described in subsection (c)(5)(A), costs for emergency medical transportation and evacuation incurred by a hospital in transferring and removing the alien to a foreign country for receipt of appropriate health care services.''; and (3) by adding at the end the following new subsection: ``(f) Requirement for Collection of Immigration-Related Information for Undocumented Aliens.-- ``(1) In general.--No payment may be made under subsection (c) to a hospital with respect to the provision of eligible services to an undocumented alien described in subsection (c)(5)(A) unless the following requirements are met: ``(A) The hospital has obtained in good faith from the alien (or a legal guardian or other representative on behalf of the alien) the following information in a document that is signed by the alien (or such guardian or representative) under oath or affirmation and that is in a form that includes a notice that fraudulent or false statements constitute a criminal act punishable under Federal law: ``(i) The citizenship of the alien. ``(ii) The immigration status of the alien. ``(iii) The address of the alien in the United States. ``(iv) Such personal or financial data regarding the alien as the hospital routinely requires of non-indigent patients, including information regarding health insurance. ``(v) Information on the identity of any current employer of the alien for whom the alien has executed an Internal Revenue Service Form W-4. A hospital is not liable for the accuracy of the information provided under this subparagraph so long as it exercises reasonable care and good faith in obtaining the information. ``(B) The hospital obtains one or more identifiers for the alien and records such identifiers in a digital, electronic format specified by the Secretary in consultation with the Secretary of Homeland Security. Such format shall be compatible with at least one interoperable database maintained by the Secretary of Homeland Security for the purpose of verifying the identity and immigration status of aliens. ``(C) The hospital transmits to the Secretary of Homeland Security, in a digital, electronic format and manner specified by such Secretary, the information provided under subparagraph (A) and the identifier (or identifiers) obtained under subparagraph (B). ``(2) Maintenance of hospital records.--For a period of at least 5 years, a hospital referred to in paragraph (1) shall maintain the original documents described in paragraph (1)(A) on file and makes such documents available for examination by the Secretary and the Secretary of Homeland Security or their designees. ``(3) Provision of technical support.--The Secretary of Homeland Security shall provide hospitals under this section with software, training, and technical support services, at no cost to the hospital, to assist and enable hospitals to comply with the requirements of paragraph (1). ``(4) Prompt action by dhs.--The Secretary of Homeland Security shall take steps as may be necessary-- ``(A) to obtain, process, and promptly review information transmitted under paragraph (1)(C); ``(B) to determine whether an alien for whom such information is transmitted is removable under any provision of Federal immigration law; and ``(C) to initiate removal proceedings under the relevant provisions of the Immigration and Nationality Act in the case of any such alien who is identified as being removable. ``(5) Removability.--An undocumented alien who obtains eligible services through a hospital and does not provide for payment for such services and who fails to provide accurate information described in paragraph (1)(A) or an identifier (as defined in paragraph (6)) shall be treated as removable on the ground described in section 237(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(5)). ``(6) Definition of identifier.--In this section, the term `identifier' means a fingerprint or other biometric identifier as the Secretary of Homeland Security may require. ``(g) Responsibility of Certain Employers.-- ``(1) In general.--In the case of an employer of an undocumented alien worker described in paragraph (2) for whom payments are made to a hospital for eligible services under this section, subject to paragraph (3), the employer shall be liable to the Secretary for the amount of the payments so made. ``(2) Undocumented alien worker defined.-- ``(A) In general.--For purposes of this subsection, the term `undocumented alien worker' means, with respect to an employer, an undocumented alien described in subsection (c)(5)(A)-- ``(i) who is an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)); ``(ii) who has provided the employer with an Internal Revenue Service Form W-4; and ``(iii) with respect to whom neither the conditions described in subparagraph (B)(i) or the condition described in subparagraph (B)(ii) have been met. ``(B) Conditions for exemption.--For purposes of subparagraph (A)(iii)-- ``(i) First set of conditions.--The conditions described in this clause for an employer and alien are the following: ``(I) The employer and alien have fully complied with all requirements of the employment verification system prescribed in section 274A(b) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)). ``(II) The employer has enrolled the alien in a State workmen's compensation plan. ``(III) The alien is enrolled under a health benefits plan or health insurance coverage that provides such level of coverage with respect to emergency medical and hospitalization benefits as the Secretary shall specify, in consultation with the Secretary of Homeland Security. ``(IV) The employer has assumed responsibility for any cost-sharing (including applicable deductibles and coinsurance) that applies to the alien. ``(ii) Alternative condition.--The condition described in this clause for an employer and alien are that the employer has verified the employment authorization of the alien through the voluntary basic employment verification pilot program under section 403(a) of the Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208), where available, or by any other means made available for such verification purposes by the Secretary of Homeland Security. ``(3) Limitation on liability.--The liability of an employer under this subsection shall be limited to an employer that employs an undocumented alien worker at the time (as specified under rules of the Secretary of Homeland Security) the eligible services are provided for which payment may be made by the Secretary under this section. ``(h) Limitation on Care Required.--Notwithstanding any other provision of law (including section 1867 of the Social Security Act, 42 U.S.C. 1395dd), a hospital is not required to make available to an undocumented alien described in subsection (c)(5)(A) care or services if-- ``(1) the alien may be transported to the alien's country of origin (as determined in accordance with rules of the Secretary of Homeland Security) without a significant likelihood of material deterioration of medical condition of the alien (or, in the case of an alien in active labor, of the child), within reasonable medical probability, resulting from the transfer of the alien from the hospital; or ``(2) the care-- ``(A) involves organ transplantation or other extraordinary medical treatment (or other treatment the estimated cost of which exceeds $50,000); and ``(B) is for treatment of a condition that existed before the alien entered the United States or is not required as a direct and immediate result of an accident in the United States.''. (b) Effective Date.--The amendments made by subsection (a) shall be effective as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. (c) Regulations.-- (1) In general.--The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, shall issue interim regulations implementing the amendments made by subsection (a) no later than 60 days after the date of the enactment of this Act and shall permit a period of public notice and comment of at least 90 days. (2) Final regulations.--The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, shall issue final regulations implementing such amendments not later than one year after the date of publication of such interim regulations. (d) Annual Report on Implementation.-- (1) In general.--The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, shall submit to the chairman and ranking minority member of the Judiciary and Appropriations Committees of the House of Representatives and the Senate, the Select Committee on Homeland Security of the House of Representatives, and the Senate Committee on Governmental Affairs an annual report on the implementation of section 1011 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, as amended by this section. (2) Items to be included.--Each annual report under paragraph (1) shall include-- (A) a cost analysis of Federal expenditures under such section 1011; (B) a description of the assistance provided to hospitals under subsection (f)(2) of such section; (C) the number of undocumented aliens removed under subsection (f)(3) of such section; and (D) amounts recovered from employers under subsection (g) of such section. (e) Feasibility of Effecting Treaties for International Medical Evacuation.-- (1) Study.--The Secretary of State shall conduct an analysis of the feasibility and appropriateness of the following: (A) Negotiating with foreign states treaties under which such states provide payment for the cost of international medical evacuation for their nationals who require emergency health care in the United States and who do not otherwise have insurance or other coverage for the costs of such care. (B) In the case of nationals of a foreign state for whom significant costs are incurred under section 1011 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 and for which state a treaty described in subparagraph (A) is not in effect, imposing a visa, port of entry, or similar surcharge the proceeds of which may be used towards such costs and towards the cost of international medical evacuation described in such clause. (2) Report.--The Secretary of State shall submit to the committees described in subsection (d)(1) a report on the analysis under paragraph (1).

Undocumented Alien Emergency Medical Assistance Amendments of 2004 - Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to: (1) prohibit Federal reimbursement of hospital-provided emergency and certain transportation services to undocumented aliens unless the hospital provides the Secretary of Homeland Security with information regarding an alien's citizenship, immigration status, financial data, and employer; (2) make the employer of certain undocumented aliens responsible for such costs; and (3) direct the Secretary to initiate removal procedures against an alien determined to be removable under Federal immigration law. Directs the Secretary of State to analyze the feasibility of effecting treaties for international medical evacuations.

To amend section 1011 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to impose conditions on Federal reimbursement of emergency health services furnished to undocumented aliens.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Florida National Forest Land Adjustment Act of 2010''. SEC. 2. RELEASE OF DEED RESTRICTIONS ON CERTAIN LANDS ACQUIRED UNDER THE BANKHEAD-JONES FARM TENANT ACT IN FLORIDA. (a) Findings.--Congress finds the following: (1) Certain lands in the State of Florida were conveyed by the United States to the State under the authority of section 32(c) of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(c)), and now are part of the Blackwater River and Withlacoochee State Forests. (2) The lands were conveyed to the State subject to deed restrictions that the lands could be only used for public purposes. (3) The deed restrictions impede the ability of the State to remedy boundary and encroachment problems involving the lands. (4) The release of the deed restrictions by the Secretary of Agriculture (hereafter referred to as the ``Secretary'') will further the purposes for which the lands are being managed as State forests and will alleviate future Federal responsibilities with respect to the lands. (b) Release Required.--Subject to valid existing rights, and such reservations as the Secretary considers to be in the public interest, the Secretary shall release, convey, and quitclaim to the State of Florida, without monetary consideration, all rights, title, and remaining interest of the United States in and to those lands within or adjacent to the Blackwater River and Withlacoochee State Forests that were conveyed to the State under the authority of section 32(c) of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(c)) or under any other law authorizing conveyance subject to restrictions or reversionary interests retained by the United States. (c) Terms and Conditions.--The conveyances authorized by subjection (b) are subject to the following terms and conditions: (1) The State shall cover or reimburse the Secretary for reasonable costs incurred by the Secretary to make the conveyances, including title searches, surveys, deed preparation, attorneys' fees, and similar expenses. The Secretary may not seek reimbursement for administrative overhead costs. (2) By accepting the conveyances authorized by this section, the State agrees-- (A) that all net proceeds from any sale, exchange, or other disposition of the real property subject to deed restrictions shall be used by the State for the acquisition of lands or interests in lands within or adjacent to units of the state forest and park systems; (B) to affirmatively address and resolve boundary encroachments in accordance with State law for the affected State forests; and (C) to indemnify and hold the United States harmless with regard to any boundary disputes related to any parcel released under this section. SEC. 3. INTERCHANGE INVOLVING NATIONAL FOREST SYSTEM LAND AND STATE LAND IN FLORIDA. (a) Findings.--The Congress finds the following: (1) There are intermingled Federal and State lands within units of the National Forest System in Florida that are of comparable quantity and quality and of approximately equal value. (2) Interchanging these lands would be in the public interest by facilitating more efficient public land management. (b) Approximately Equal Value Defined.--In this section, the term ``approximately equal value'' means a comparative estimate of the value between lands to be interchanged, regarding which, without the necessity of an appraisal, the elements of value, such as physical characteristics and other amenities, are readily apparent and substantially similar. (c) Land Interchange Authorized.-- (1) Authorization.--Subject to valid existing rights, if the State of Florida offers to convey to the United States those State lands designated for interchange on the two maps entitled ``State of Florida--U.S. Forest Service Interchange-- January, 2009'' and title to such lands is otherwise acceptable to the Secretary of Agriculture, the Secretary shall convey and quitclaim to the State those National Forest System lands in the Ocala National Forest and the Apalachicola National Forest designated for interchange on the maps. (2) Maps.--The maps referenced in paragraph (1) shall be available for public inspection in the office of the Chief of the Forest Service and in the office of the Supervisor of the National Forests in Florida for a period of at least 5 years after completion of the land interchanges authorized by this section. (d) Terms and Conditions.--Any land interchange under this section shall be subject to such reservations and rights-of-way as may be mutually acceptable to the Secretary and the authorized officer of the State. (e) Replacement Land.--In the event that any of the designated lands are in whole or part found to be unacceptable for interchange under this section due to title deficiencies, survey problems, the existence of hazardous materials, or for any other reason, the Secretary and the authorized officer of the State may substitute or modify the lands to be interchanged insofar as it is mutually agreed that the lands are of comparable quality and approximately equal value. SEC. 4. ADDITIONAL LAND DISPOSAL UNDER FLORIDA NATIONAL FOREST LAND MANAGEMENT ACT OF 2003. (a) Disposal Authorized.--In accordance with the provisions of the Florida National Forest Land Management Act of 2003 (Public Law 108- 152; 117 Stat. 1919), the Secretary of Agriculture may convey, by means of sale or exchange, all right, title, and interest of the United States in and to a parcel of land comprising approximately 114 acres, located within Township 1 South, Range 1 West, section 25, Leon County, Florida, and designated as tract W-1979. (b) Use of Proceeds.-- (1) Tract w-1979.--The Secretary shall use the proceeds derived from any sale of tract W-1979, as authorized by subsection (a), only-- (A) to acquire lands and interests in land for inclusion in the Apalachicola National Forest; and (B) to cover the disposal costs incurred by the Secretary to carry out the sale of such tract. (2) Certain other tracts.--With respect to tract A-943, tract A-944, and tract C-2210, as described in paragraphs (5), (6), and (16) of subsection (b) of section 3 of the Florida National Forest Land Management Act of 2003 and authorized for sale by subsection (a) of such section, being lands having permanent improvements and infrastructure, the Secretary may use the net proceeds derived from any sale of such tracts to acquire, construct, or maintain administrative improvements for units of the National Forest System in Florida. SEC. 5. REQUIRED DESIGNATION IN PAYGO ACTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010 (Public Law 111-39; 124 Stat. 8), 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives March 17, 2010. Attest: LORRAINE C. MILLER, Clerk.

Florida National Forest Land Adjustment Act of 2010 - (Sec. 2) Directs the Secretary of Agriculture (USDA) to release, convey, and quitclaim to the state of Florida, without monetary consideration, all interest of the United States in and to those lands within or adjacent to the Blackwater River and Withlacoochee State Forests that were conveyed to the state under the authority of the Bankhead-Jones Farm Tenant Act or under any other law authorizing conveyance subject to restrictions or reversionary interests retained by the United States. Requires the state to cover or reimburse the Secretary for reasonable costs incurred to make the conveyances, including title searches, surveys, deed preparaton, attorneys' fees, and similar expenses. Bars the Secretary from seeking reimbursement for administrative overhead costs. Requires the state to agree: (1) that all net proceeds from any sale, exchange, or other disposition of the real property subject to deed restrictions be used by the state for the acquisition of lands or interests within or adjacent to units of Florida's forest and park systems; (2) to address and resolve boundary encroachments for the affected state forests; and (3) to indemnify and hold the United States harmless with regard to any boundary disputes related to any released parcel. (Sec. 3) Directs the Secretary, if the state offers to convey to the United States those state lands designated for interchange on the two maps entitled "State of Florida--U.S. Forest Service Interchange--January, 2009" and title to such lands is otherwise acceptable, to convey and quitclaim to the state those National Forest System lands in the Ocala and Apalachicola National Forests in Florida designated for interchange on the maps. Subjects any land interchange under this Act to such reservations and rights-of-way as may be mutually acceptable to the Secretary and the authorized officer of the state. Authorizes the Secretary and the authorized officer of the state, in the event that any of the designated lands are found to be unacceptable for interchange because of title deficiencies, survey problems, the existence of hazardous materials, or for any other reason, to substitute or modify the lands to be interchanged insofar as it is mutually agreed that such lands are of comparable quality and approximately equal value. (Sec. 4) Authorizes the Secretary to convey by sale or exchange tract W-1979 within Leon County, Florida. Requires the proceeds derived from any sale of such tract to be used only to: (1) acquire lands and interests for inclusion in the Apalachicola National Forest; and (2) cover the disposal costs incurred to carry out the sale of the tract. Authorizes the Secretary, with respect to tracts A-943, A-944, and C-2210, which are authorized for sale under the Florida National Forest Land Management Act of 2003, and being lands having permanent improvements and infrastructure, to use the net proceeds derived from any sales of such tracts for the acquisition, construction, or maintenance of administrative improvements for units of the National Forest System in Florida. (Sec. 5) Declares that, for purposes of the Statutory Pay-As-You-Go Act of 2010, the budgetary effects of this Act shall be determined by reference to the latest statement entitled "Budgetary Effects of PAYGO Legislation" for this Act, provided that such statement has been submitted for printing in the Congressional Record prior to the vote on passage of this Act.

To release Federal reversionary interests retained on certain lands acquired in the State of Florida under the Bankhead-Jones Farm Tenant Act, to authorize the interchange of National Forest System land and State land in Florida, to authorize an additional conveyance under the Florida National Forest Land Management Act of 2003, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Don't Ask, Don't Tell Repeal Act of 2010''. SEC. 2. DEPARTMENT OF DEFENSE POLICY CONCERNING HOMOSEXUALITY IN THE ARMED FORCES. (a) Comprehensive Review on the Implementation of a Repeal of 10 U.S.C. 654.-- (1) In general.--On March 2, 2010, the Secretary of Defense issued a memorandum directing the Comprehensive Review on the Implementation of a Repeal of 10 U.S.C. 654 (section 654 of title 10, United States Code). (2) Objectives and scope of review.--The Terms of Reference accompanying the Secretary's memorandum established the following objectives and scope of the ordered review: (A) Determine any impacts to military readiness, military effectiveness and unit cohesion, recruiting/ retention, and family readiness that may result from repeal of the law and recommend any actions that should be taken in light of such impacts. (B) Determine leadership, guidance, and training on standards of conduct and new policies. (C) Determine appropriate changes to existing policies and regulations, including but not limited to issues regarding personnel management, leadership and training, facilities, investigations, and benefits. (D) Recommend appropriate changes (if any) to the Uniform Code of Military Justice. (E) Monitor and evaluate existing legislative proposals to repeal 10 U.S.C. 654 and proposals that may be introduced in the Congress during the period of the review. (F) Assure appropriate ways to monitor the workforce climate and military effectiveness that support successful follow-through on implementation. (G) Evaluate the issues raised in ongoing litigation involving 10 U.S.C. 654. (b) Effective Date.--The amendments made by subsection (f) shall take effect 60 days after the date on which the last of the following occurs: (1) The Secretary of Defense has received the report required by the memorandum of the Secretary referred to in subsection (a). (2) The President transmits to the congressional defense committees a written certification, signed by the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff, stating each of the following: (A) That the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff have considered the recommendations contained in the report and the report's proposed plan of action. (B) That the Department of Defense has prepared the necessary policies and regulations to exercise the discretion provided by the amendments made by subsection (f). (C) That the implementation of necessary policies and regulations pursuant to the discretion provided by the amendments made by subsection (f) is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces. (c) No Immediate Effect on Current Policy.--Section 654 of title 10, United States Code, shall remain in effect until such time that all of the requirements and certifications required by subsection (b) are met. If these requirements and certifications are not met, section 654 of title 10, United States Code, shall remain in effect. (d) Benefits.--Nothing in this section, or the amendments made by this section, shall be construed to require the furnishing of benefits in violation of section 7 of title 1, United States Code (relating to the definitions of ``marriage'' and ``spouse'' and referred to as the ``Defense of Marriage Act''). (e) No Private Cause of Action.--Nothing in this section, or the amendments made by this section, shall be construed to create a private cause of action. (f) Treatment of 1993 Policy.-- (1) Title 10.--Upon the effective date established by subsection (b), chapter 37 of title 10, United States Code, is amended-- (A) by striking section 654; and (B) in the table of sections at the beginning of such chapter, by striking the item relating to section 654. (2) Conforming amendment.--Upon the effective date established by subsection (b), section 571 of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 654 note) is amended by striking subsections (b), (c), and (d).

Don't Ask, Don't Tell Repeal Act of 2010 - Provides for repeal of the current Department of Defense (DOD) policy concerning homosexuality in the Armed Forces, to be effective 60 days after the Secretary of Defense has received DOD's comprehensive review on the implementation of such repeal, and the President, Secretary, and Chairman of the Joint Chiefs of Staff (JCS) certify to the congressional defense committees that they have considered the report and proposed plan of action, that DOD has prepared the necessary policies and regulations to exercise the discretion provided by such repeal, and that implementation of such policies and regulations is consistent with the standards of military readiness and effectiveness, unit cohesion, and military recruiting and retention. Provides that, until such time as the above conditions are met, the current policy shall remain in effect.

A bill to provide for the repeal of the Department of Defense policy concerning homosexuality in the Armed Forces known as "Don't Ask, Don't Tell".

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevention of Frivolous Ethanol Lawsuits Act of 2010''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Ethanol is currently widely distributed in commerce for general use in all conventional gasoline-powered onroad and nonroad vehicles and nonroad engines in widespread use. (2) A decision to increase the current blending limit of ethanol into gasoline for motor vehicle and equipment engines requires an agency finding that the increased emission products will not cause or contribute to a failure of any emission control device or system (over the useful life of the motor vehicle, motor vehicle engine, nonroad engine or nonroad vehicle in which such device or system is used). (3) Significant questions and concerns exist as to the effects of increasing the current blending limit of ethanol into gasoline for motor vehicle and equipment engines on the performance of such engines. (4) Effects such as increased engine failures, decreased engine performance, increased consumer complaints, increased litigation, or other unforeseen effects could have a significant impact on interstate commerce. (5) The Federal Trade Commission has proposed labeling requirements for all fuels distributed in commerce that exceed the current blending limit of ethanol into gasoline to disclose to consumers that using such fuels may harm some conventional vehicles. (6) A multifaceted Federal testing regimen is currently underway on newer motor vehicles to determine the effects on motor vehicle engines of increasing the current blending limit of ethanol into gasoline. (7) There is insufficient data on the effects of increasing the current blending limit of ethanol into gasoline on older vehicles and nonroad engines. (8) Nonetheless, the executive branch has-- (A) statutory authority to increase the current blending limit of ethanol into gasoline; and (B) is currently undertaking a process to reach a decision on this issue. (9) It is appropriate for Congress to mitigate undue effects on parties engaged in interstate commerce resulting from a Federal decision to allow an increase of the current blending limit of ethanol into gasoline. SEC. 3. TARGETED LIABILITY PROTECTIONS FOR CLAIMS BASED ON DAMAGES RESULTING FROM, OR AGGRAVATED BY, THE INCLUSION OF ETHANOL IN CERTAIN FUEL. (a) Liability Protections.-- (1) In general.--Subject to the other provisions of this section, a covered entity shall be immune from suit and liability under Federal and State law with respect to all claims for loss resulting from, or being aggravated by, the use of any renewable fuel, as defined by section 211(o)(1) of the Clean Air Act, and containing ethanol in concentrations of greater than 10 percent, pursuant to a waiver under section 211(f)(4) of the Clean Air Act, to operate an internal combustion engine. (2) Scope of claims for loss.--For purposes of this section, the term ``loss'' means any type of loss, including-- (A) death; (B) physical, mental, or emotional injury, illness, disability, or condition; (C) fear of physical, mental, or emotional injury, illness, disability, or condition, including any need for medical monitoring; and (D) loss of or damage to property, including business interruption loss. Each of subparagraphs (A) through (D) applies without regard to the date of the occurrence, presentation, or discovery of the loss described in the subparagraph. (3) Scope.--The immunity under paragraph (1) applies to any claim for loss that has a causal relationship with the use of any renewable fuel, as defined by section 211(o)(1) of the Clean Air Act, and containing ethanol in concentrations of greater than 10 percent, pursuant to a waiver under section 211(f)(4) of the Clean Air Act, to operate an internal combustion engine including a causal relationship with the design, development, testing or investigation, manufacture, labeling, distribution, formulation, packaging, marketing, promotion, sale, purchase, dispensing, administration, licensing, or use of such renewable fuel. (b) Exception to Immunity of Covered Persons.-- (1) In general.--Subject to subsection (i), the sole exception to the immunity from suit and liability of covered persons set forth in subsection (a) shall be for an exclusive Federal cause of action against a covered person for death or serious physical injury proximately caused by willful misconduct, as defined pursuant to subsection (c), by such covered person. For purposes of section 2679(b)(2)(B) of title 28, United States Code, such a cause of action is not an action brought for violation of a statute of the United States under which an action against an individual is otherwise authorized. (2) Persons who can sue.--An action under this subsection may be brought for wrongful death or serious physical injury by any person who suffers such injury or by any representative of such a person. (c) Procedures for Suit.-- (1) Exclusive federal jurisdiction.--Any action under subsection (b) shall be filed and maintained only in the United States District Court for the District of Columbia. (2) Governing law.--The substantive law for decision in an action under subsection (b) shall be derived from the law, including choice of law principles, of the State in which the alleged willful misconduct occurred, unless such law is inconsistent with or preempted by Federal law, including provisions of this section. (3) Pleading with particularity.--In an action under subsection (b), the complaint shall plead with particularity each element of the plaintiff's claim, including-- (A) each act or omission, by each covered person sued, that is alleged to constitute willful misconduct; (B) facts supporting the allegation that such alleged willful misconduct proximately caused the injury claimed; and (C) facts supporting the allegation that the person on whose behalf the complaint was filed suffered death or serious physical injury. (4) Verification requirement.-- (A) In general.--The complaint shall include a verification, made by affidavit of the plaintiff under oath, stating that the pleading is true to the knowledge of the deponent, except as to matters specifically identified as being alleged on information and belief, and that as to those matters the plaintiff believes it to be true. (B) Identification of matters alleged upon information and belief.--Any matter that is not specifically identified as being alleged upon the information and belief of the plaintiff, shall be regarded for all purposes, including a criminal prosecution, as having been made upon the knowledge of the plaintiff. (5) Proof of willful misconduct.--In an action under subsection (b), the plaintiff shall have the burden of proving by clear and convincing evidence willful misconduct by each covered person sued. (6) Three-judge court.--Any action under subsection (b) shall be assigned initially to a panel of three judges. Such panel shall have jurisdiction over such action for purposes of considering motions to dismiss, motions for summary judgment, and matters related thereto. If such panel has denied such motions, or if the time for filing such motions has expired, such panel shall refer the action to the chief judge for assignment for further proceedings, including any trial. Section 1253 of title 28, United States Code, and paragraph (3) of subsection (b) of section 2284 of title 28, United States Code, shall not apply to actions under subsection (b). (7) Civil discovery.--In an action under subsection (b), no discovery shall be allowed-- (A) before each covered person sued has had a reasonable opportunity to file a motion to dismiss; (B) in the event such a motion is filed, before the court has ruled on such motion; and (C) in the event a covered person files an interlocutory appeal from the denial of such a motion, before the Court of Appeals has ruled on such appeal. (d) Standard.--Notwithstanding any other provision of law, the court in an action under subsection (b) shall permit discovery only with respect to matters directly related to material issues contested in such action, and the court shall compel a response to a discovery request (including a request for admission, an interrogatory, a request for production of documents, or any other form of discovery request) under rule 37, Federal Rules of Civil Procedure, only if the court finds that the requesting party needs the information sought to prove or defend as to a material issue contested in such action and that the likely benefits of a response to such request equal or exceed the burden or cost for the responding party of providing such response. (e) Reduction in Award of Damages for Collateral Source Benefits.-- (1) In general.--In an action under subsection (b), the amount of an award of damages that would otherwise be made to a plaintiff shall be reduced by the amount of collateral source benefits to such plaintiff. (2) Noneconomic damages.--In an action under subsection (b), any noneconomic damages may be awarded only in an amount directly proportional to the percentage of responsibility of a defendant for the harm to the plaintiff. For purposes of this paragraph, the term ``noneconomic damages'' means damages for losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, hedonic damages, injury to reputation, and any other nonpecuniary losses. (f) Rule 11 Sanctions.--Whenever a district court of the United States determines that there has been a violation of rule 11 of the Federal Rules of Civil Procedure in an action under subsection (b), the court shall impose upon the attorney, law firm, or parties that have violated rule 11 or are responsible for the violation, an appropriate sanction, which may include an order to pay the other party or parties for the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper that is the subject of the violation, including a reasonable attorney's fee. Such sanction shall be sufficient to deter repetition of such conduct or comparable conduct by others similarly situated, and to compensate the party or parties injured by such conduct. (g) Interlocutory Appeal.--The United States Court of Appeals for the District of Columbia Circuit shall have jurisdiction of an interlocutory appeal by a covered person taken within 30 days of an order denying a motion to dismiss or a motion for summary judgment based on an assertion of the immunity from suit conferred by subsection (a) or based on an assertion of the exclusion under subsection (h)(1). (h) Exclusion for Regulated Activity of Manufacturer or Distributor.-- (1) In general.--If an act or omission by a manufacturer or distributor with respect to a covered countermeasure, which act or omission is alleged under subsection (b)(1) to constitute willful misconduct, is subject to regulation by the Clean Air Act, such act or omission shall not constitute ``willful misconduct'' for purposes of subsection (b) if-- (A) neither the Administrator of the Environmental Protection Agency nor the Attorney General has initiated an enforcement action with respect to such act or omission; or (B) such an enforcement action has been initiated and the action has been terminated or finally resolved without a covered remedy. Any action or proceeding under subsection (b) shall be stayed during the pendency of such an enforcement action. (i) Actions by and Against the United States.--Nothing in this section shall be construed to abrogate or limit any right, remedy, or authority that the United States or any agency thereof may possess under any other provision of law or to waive sovereign immunity or to abrogate or limit any defense or protection available to the United States or its agencies, instrumentalities, officers, or employees under any other law, including any provision of chapter 171 of title 28, United States Code (relating to tort claims procedure). (j) Definitions.--In this section, the following definitions apply: (1) Covered entity.--The term ``covered entity'' means an entity engaged in the manufacture, sale or distribution of fuel or products which use renewable fuel, as defined by section 211(o)(1) of the Clean Air Act. (2) Enforcement action.--The term ``enforcement action'' means a criminal prosecution, an action seeking an injunction, a seizure action, a civil monetary proceeding based on willful misconduct, a mandatory recall of a product because voluntary recall was refused, a proceeding to compel repair or replacement of a product, a debarment proceeding, an investigator disqualification proceeding where an investigator is an employee or agent of the manufacturer. (3) Covered remedy.--The term ``covered remedy'' means an outcome-- (A) that is a criminal conviction, an injunction, or a condemnation, a civil monetary payment, a debarment; and (B) that results from a final determination by a court or from a final agency action. (4) Final.--The terms ``final'' and ``finally''-- (A) with respect to a court determination, or to a final resolution of an enforcement action that is a court determination, mean a judgment from which an appeal of right cannot be taken or a voluntary or stipulated dismissal; and (B) with respect to an agency action, or to a final resolution of an enforcement action that is an agency action, mean an order that is not subject to further review within the agency and that has not been reversed, vacated, enjoined, or otherwise nullified by a final court determination or a voluntary or stipulated dismissal. (5) Willful misconduct.--The term ``willful misconduct''-- (A) shall not, for purposes of subsection (b), denote an act or omission that is taken pursuant to regulations or guidance promulgated in response to a full or partial waiver of the requirements of the Clean Air Act with respect to ethanol-gasoline blends of more than 10 percent by volume ethanol; but (B) shall, for purposes of subsection (b), denote an act or omission that is taken-- (i) intentionally to achieve a wrongful purpose; (ii) knowingly without legal or factual justification; and (iii) in disregard of a known or obvious risk that is so great as to make it highly probable that the harm will outweigh the benefit.

Prevention of Frivolous Ethanol Lawsuits Act of 2010 - Immunizes a covered entity from suit and liability under federal and state law with respect to all claims for personal or property loss resulting from, or being aggravated by, the use of any renewable fuel containing ethanol in concentrations greater than 10% to operate an internal combustion engine. Defines "covered entity" to mean an entity engaged in the manufacture, sale, or distribution of fuel or products which use renewable fuel. Makes the sole exception to immunity under this Act an exclusive federal cause of action brought by an injured person or the person's representative against a covered person for death or serious physical injury proximately caused by the covered person's willful misconduct. Grants the U.S. District Court for the District of Columbia exclusive jurisdiction of any such civil action. Excludes from the meaning of willful misconduct, however, any act or omission by a manufacturer or distributor with respect to a covered countermeasure, if the act or omission alleged to constitute willful misconduct is subject to regulation by the Clean Air Act and: (1) neither the Administrator of the Environmental Protection Agency (EPA) nor the Attorney General has initiated an enforcement action with respect to that act or omission; or (2) an enforcement action has been initiated and the action has been terminated or finally resolved without a civil, criminal, or administrative remedy. States that any action or proceeding shall be stayed during the pendency of such an enforcement action.

To provide targeted liability protections for claims based on damages resulting from, or aggravated by, the inclusion of ethanol in certain fuel, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Junior College for Deaf and Blind at the Alabama Institute for Deaf and Blind Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) The United States has low rates of college completion by high school graduates who are deaf or blind. (2) Deaf or blind students who attend college have a dropout rate in the first 2 years of college that is approximately 4 times higher than the dropout rate of hearing and sighted students. (3) The United States has a shortage of teachers and service professionals trained at the associate degree or certificate level to provide services to individuals who are deaf or blind. (4) The United States has very limited distance learning opportunities for individuals who are deaf or blind. SEC. 3. NATIONAL JUNIOR COLLEGE FOR DEAF AND BLIND. (a) Establishment.--Title I of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) is amended by adding at the end the following: ``PART C--NATIONAL JUNIOR COLLEGE FOR DEAF AND BLIND ``SEC. 120. PURPOSES. ``The purposes of this part are the following: ``(1) Easing the transition from high school to college for students who are deaf or blind. ``(2) Increasing the number of deaf or blind individuals attending and completing college. ``(3) Providing a modern distance learning program and a residential facility for postsecondary technical training and education for individuals who are deaf or blind. ``(4) Preparing individuals who are deaf or blind for successful employment. ``(5) Training individuals to provide instructional, professional, and other services to individuals who are deaf and blind. ``SEC. 121. AGREEMENT. ``(a) General Authority.--The Secretary shall seek to enter into, not later than 1 year after the enactment of the National Junior College for Deaf and Blind at the Alabama Institute for Deaf and Blind Act, an agreement with the Alabama Institute for Deaf and Blind for the establishment and operation (including construction and provision of equipment) of the National Junior College for Deaf and Blind. ``(b) National Mission Activities.--The agreement shall provide the national mission activities of NJCDB, including the following: ``(1) Maintenance and operation of exemplary postsecondary education programs, projects, and activities for the primary purpose of developing, evaluating, and disseminating innovative curriculums, instructional techniques and strategies, and materials that can be used in various educational environments to serve individuals who are deaf or blind. ``(2) Addressing the specific educational, technological, and special support needs of students who are deaf or blind. ``(c) Provisions of Agreement.--The agreement shall-- ``(1) provide that Federal funds appropriated for the benefit of NJCDB be used in accordance with the applicable provisions of this Act and such agreement; ``(2) provide that NJCDB will make an annual report to the Secretary on its operations and the national mission activities of its postsecondary education programs; ``(3) provide that in the design and construction of any facilities, maximum attention will be given to innovative auditory and visual devices and installations appropriate for the educational functions of such facilities; and ``(4) establish a policy of outreach and recruitment to employ and advance employment of individuals with disabilities, particularly individuals who are deaf or blind, at NJCDB. ``(d) Modification.--The Secretary and AIDB may periodically modify the agreement as determined to be necessary by the Secretary or AIDB. ``(e) Scholarship Program.-- ``(1) Development.--The agreement shall provide for the development of a scholarship program, under which NJCDB awards scholarships to students enrolled in its programs. ``(2) Use of funds.--Funds awarded as scholarships under this section shall be used to assist in paying the costs of attending NJCDB, including tuition, fees, training courses, study, and room and board. ``(3) Authorization of appropriations.--There are authorized to be appropriated $1,000,000 for fiscal year 2002 and such sums as may be necessary thereafter to carry out this subsection. ``(f) Provisions Regarding NTID.--If the Secretary enters into an agreement with AIDB under this section, the provisions of sections 202, 203, 204, 205, 206, 207, 208, and 210 shall apply to NJCDB and AIDB in the same manner as such provisions apply to NTID and the institution of higher education with which the Secretary has an agreement under section 112, respectively, except as follows: ``(1) References to individuals who are deaf or hard of hearing shall be construed as references to individuals who are deaf, hard of hearing, blind, or of low vision. ``(2) NJCDB shall develop the policies described in section 203(c)(2)(A) not later than 180 days after the date of the enactment of the National Junior College for Deaf and Blind at the Alabama Institute for Deaf and Blind Act. ``(3) For purposes of section 210, references to deafness related research, development, and demonstration activities shall be construed as references to deafness or blindness related research, development, and demonstration activities.''. (b) Definitions.--Section 201 of the Education of the Deaf Act of 1986 (20 U.S.C. 4351) is amended by adding at the end the following: ``(8) The term `AIDB' means the Alabama Institute for Deaf and Blind. ``(9) The term `NJCDB' means the National Junior College for Deaf and Blind.''.

National Junior College for Deaf and Blind at the Alabama Institute for Deaf and Blind Act - Amends the Education of the Deaf Act of 1986 to direct the Secretary of Education to enter into an agreement with the Alabama Institute for Deaf and Blind for the establishment and operation of the National Junior College for Deaf and Blind.

A bill to amend the Education of the Deaf Act of 1986 to authorize the Secretary of Education to establish the National Junior College for Deaf and Blind at the Alabama Institute for Deaf and Blind.

SECTION 1. FINDINGS. Congress finds the following: (1) It is in the national interest that all citizens, including active-duty service members, be allowed to vote in Federal elections. (2) Since 1977, active-duty service members serving overseas or on the United States mainland have been excluded from fully participating and voting in both general and runoff Federal elections in American Samoa due to several factors, including local law that requires active duty military members to register in person, limited air and mail service between the U.S. mainland and American Samoa, and delays in the preparation of new ballots in the case of runoff elections. (3) American Samoa law requiring uniformed service voters to register to vote in person is contrary to the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.). (4) The Uniformed and Overseas Citizens Absentee Voting Act has been in effect for over 15 years, and American Samoa has not addressed this discrepancy between Federal and territorial law, despite notice that the discrepancy exists. (5) It is necessary to take additional action to ensure that the votes of uniformed voters are counted in Federal elections conducted in American Samoa and that active duty service members (including reservists called to active duty) do not need to appear in person to register to vote. (6) It is necessary to state that the Uniformed and Overseas Citizens Absentee Voting Act supersedes American Samoa law and American Samoa must comply with this Federal law. (7) It is also in the national interest that, to the extent possible, Members of the United States House of Representatives and non-voting Delegates be elected in the first week of November in even-numbered years. (8) Since 1980, when the first election for the Congressional Delegate from American Samoa was held, there have been several general elections at which there was no final resolution of who was elected as the Delegate for the next Congress, and run-off elections were required. (9) When the outcome of the Delegate election is not resolved until a runoff election is held, a final determination of who the Delegate will be is not made known until late November. (10) A delayed outcome may place a newly elected Delegate in a more junior position to other Members of Congress elected on the first Tuesday after the first Monday of November in an election year. (11) When more than 2 candidates file to run for election for the office of Delegate, holding a primary election to reduce the number of candidates to 2 will greatly increase the likelihood that the general election will produce a candidate who receives a majority of the votes cast. SEC. 2. PRIMARY ELECTION REQUIRED. Section 2(a) of the Act entitled ``An Act to provide that the Territory of American Samoa be represented by a nonvoting Delegate to the United States House of Representatives, and for other purposes'', approved October 31, 1978 (48 U.S.C. 1732(a)) is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by adding at the end the following new paragraphs: ``(2) In any general election year when 3 or more eligible individuals file by the first Tuesday of July as candidates for the office of Delegate, a primary election shall be held on the first Tuesday of August of that general election year. If the primary election results in 1 candidate receiving more than 50 percent of the votes cast, then that candidate shall be the only candidate on the ballot for the general election for Delegate that year. If the primary election results in no candidate receiving more than 50 percent of the votes cast, then the 2 candidates receiving the most votes cast shall be on the ballot for the general election year. If there is a tie for the 2 candidates receiving the most votes, the names of the 2 candidates shall be listed on the ballot for that general election year. ``(3) Candidates for the office of Delegate to the United States House of Representatives must file their candidacy not later than the first Tuesday of July each year that a general election referred to in paragraph (1) is scheduled to be held.''. SEC. 3. CONFORMING AMENDMENTS. Section 4 of the Act entitled ``An Act to provide that the Territory of American Samoa be represented by a nonvoting Delegate to the United States House of Representatives, and for other purposes'', approved October 31, 1978 (48 U.S.C. 1734), is amended by inserting ``in a general Federal election'' after ``ties between candidates''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect on January 1, 2003.

Declares that it is necessary to state that the Uniformed and Overseas Citizens Absentee Voting Act supersedes American Samoa law and American Samoa must comply with it.Requires a primary election to be held in American Samoa on the first Tuesday of August of any general election year when three or more eligible individuals have filed by the first Tuesday of July as candidates for the office of Delegate representing American Samoa in the U.S. House of Representatives.

To provide that American Samoa hold a primary election when more than 2 eligible individuals file for candidacy to be elected to the office of Delegate representing American Samoa in the United States House of Representatives, and to provide that active duty members of the military be able to fully pariticipate in Federal elections in American Samoa.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Timber Management Improvement Act of 1993''. SEC. 2. FINDINGS AND PURPOSES. The Congress finds the following: (1) Under the timber management policy of nondeclining even flow, articulated in section 13(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974, the allowable sale quantity for a national forest is a function of total timber growth, which depends on available timberland area and the rate of timber growth. (2) Protecting the northern spotted owl and other factors will lead to reductions in the Federal land available for timber harvesting, leading to declines in harvests and to undesirable declines in timber industry employment. (3) Increases in timber management investments on Federal and other lands not protected as spotted owl habitat could offset some of the declines in allowable sale quantities resulting from spotted owl protection. (4) No separate studies of timber management investment opportunities on Federal timberlands have been conducted for more than a decade. (5) The fund established by section 3 of the Act of June 9, 1930 (16 U.S.C. 576b; commonly referred to as the ``K-V fund''), was originally established to assure adequate funding for timber management investments for the national forests, but since 1976, substantial and increasing portions of this fund have been used for wildlife habitat improvement, watershed improvement, and other nontimber resource projects. (b) Purposes.--The purposes of this Act are to-- (1) identify and examine timber management investment opportunities on Federal timberlands in the States of California, Oregon, and Washington; (2) expand financial assistance programs for timber investments on non-Federal timberlands in the States of California, Oregon, and Washington; and (3) assure that amounts from the fund established by section 3 of the Act of June 9, 1930, are available for timber management investments on Federal timberlands, consistent with the original intent of that Act. SEC. 3. TIMBER MANAGEMENT INVESTMENT STUDY. (a) Yields and Costs Report.--The Secretary of Agriculture, acting through the Forest Service, and the Secretary of the Interior, acting through the Bureau of Land Management, shall each prepare a report displaying the yields and costs, both financial and environmental, of timber management investment opportunities for lands under their respective jurisdictions in the States of California, Oregon, and Washington. Timber management investment opportunities considered shall include-- (1) reforestation, including site preparation, direct seeding, planting, and interplanting; and (2) timber stand improvement, including release (manual, chemical, and mechanical), fertilization, pruning, precommercial thinning, and commercial thinning. (b) Land and Forest Class.--The report prepared under subsection (a) shall present the yield and cost information for each of the following: (1) Timber site productivity class. (2) Current forest condition class, including old-growth, second-growth, sawtimber, poletimber, saplings, seedlings, and nonstock. (3) Land suitability allocation for timber production under the appropriate forest plan. (c) Lands Classified As Unsuitable For Timber Production.--The Secretary of Agriculture shall include in the report required by this section-- (1) the reasons why lands in Forest Service Regions 5 and 6 are classified as not suitable for timber production pursuant to the Forest and Rangeland Renewable Resources Planning of 1974, distinguishing among timber site productivity classes and current forest conditions; and (2) the specific identity of those lands deemed to be unsuitable for timber production solely due to difficulties in meeting the reforestation requirements of the Forest and Rangeland Renewable Resources Planning Act of 1974, and a description of those difficulties. (d) Exchange and Consolidation of Lands.--In addition to other matters required to be included in the study under this section, the study shall address opportunities for land exchanges with private landowners to consolidate Federal landholdings in the States of California, Oregon, and Washington to enhance reforestation and timber stand improvement. (e) Advisory Boards.--In order to assure a comprehensive and unbiased report on the costs and yields of timber management investment opportunities, the Secretary of Agriculture on a forest-by-forest basis in Forest Service Regions 5 and 6, and the Secretary of the Interior on a district-by-district basis for the Bureau of Land Management districts subject to this Act, shall establish and consult with advisory boards before releasing a draft of the report required by subsection (a) to the public. The advisory boards shall be comprised of individuals who, in the appropriate Secretary's judgment, represent a diversity of views. The appropriate Secretaries shall provide the advisory boards with the opportunity to review and comment on the practices and investments being examined under subsection (a) and on the draft of the report before its release to the public. The Federal Advisory Committee Act shall not apply to advisory boards established under this subsection. (f) Consultation With Private and Other Public Timberland Owners.-- (1) In preparing the report required under subsection (a), the Secretary of Agriculture and the Secretary of the Interior shall consult with private and other public timberland owners in the general vicinity of the forest or district, as appropriate, to-- (A) identify possible timber management investments and practices, and (B) identify potential costs and yields of those investments and practices. (2) The report shall include information gathered under this subsection in a manner which protects the proprietary nature of corporate cost information and the cost and yield estimates of the Secretaries. (g) Date of Submission.--The report required by this section shall be submitted to the Congress within 1 year after the date of enactment of this Act. SEC. 4. PRIVATE FOREST LANDS. Section 4 of the Cooperative Forest Assistance Act of 1978 (16 U.S.C. 2103) is amended by adding at the end the following: ``(l) Of the amounts appropriated to carry out this section, not less than $1,500,000 shall be made available for assistance under this section in each of the States of California, Oregon, and Washington for planning, reforestation, and timber stand improvement practices to further second growth management of timber resources to offset the expected decline in timber harvests from Federal lands as a result of listing the northern spotted owl as a threatened species under the Endangered Species Act of 1973. Such assistance shall be concentrated in those counties containing Federal lands designated as habitat conservation areas for the purposes of the protection and recovery of the northern spotted owl.''. SEC. 5. KNUTSON-VANDENBERG ACT. (a) Reforestation of BLM Lands.--Section 3 of the Act of June 9, 1930 (16 U.S.C. 576b) is amended-- (1) by inserting ``(a)'' after ``Sec. 3.''; and (2) by adding at the end the following: ``(b) Subsection (a) shall apply with respect to the lands administered by the Secretary of the Interior through the Bureau of Land Management in the same manner as such subsection applies with respect to national forest lands.''. (b) Reforestation Under the K-V Act.--Section 3(a) of the Act of June 9, 1930 (16 U.S.C. 576b), as amended by subsection (a) of this Act, is amended-- (1) by inserting ``or'' before ``(3)''; and (2) by striking ``timber, or (4)'' and all that follows through ``Provided,'' and inserting ``timber: Provided,''.

Timber Management Improvement Act of 1993 - Directs the Secretaries of Agriculture and of the Interior, acting through the Forest Service and the Bureau of Land Management, respectively, to prepare a report displaying the yields and costs (financial and environmental) of timber management investment opportunities for Federal lands in the States of California, Oregon, and Washington. Requires both Secretaries to establish advisory boards to review and comment on the investments examined. Amends the Cooperative Forest Assistance Act of 1978 to allocate appropriations for private forest lands in the States of California, Oregon, and Washington to further second growth management of timber resources to offset the expected decline in timber harvests from Federal lands as a result of listing the northern spotted owl as a threatened species under the Endangered Species Act of 1973. Requires financial assistance to be concentrated in those counties containing Federal lands designated as habitat conservation areas for the purposes of the protection and recovery of the northern spotted owl. Amends specified Federal law (the Knutson-Vandenberg Act) to assure that amounts from the fund established by such Act are available for timber management investments on Federal lands consistent with the Act's original intent.

Timber Management Improvement Act of 1993

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Investment Competitiveness Act of 1999''. (b) Amendment of 1986 Code.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. TREATMENT OF CERTAIN DIVIDENDS OF REGULATED INVESTMENT COMPANIES. (a) Treatment of Certain Dividends.-- (1) Nonresident alien individuals.--Section 871 (relating to tax on nonresident alien individuals) is amended by redesignating subsection (k) as subsection (l) and by inserting after subsection (j) the following new subsection: ``(k) Exemption for Certain Dividends of Regulated Investment Companies.-- ``(1) Interest-related dividends.-- ``(A) In general.--Except as provided in subparagraph (B), no tax shall be imposed under paragraph (1)(A) of subsection (a) on any interest- related dividend received from a regulated investment company. ``(B) Exceptions.--Subparagraph (A) shall not apply-- ``(i) to any interest-related dividend received from a regulated investment company by a person to the extent such dividend is attributable to interest (other than interest described in subparagraph (E)(i)(I) or (III) or (E)(ii)) received by such company on indebtedness issued by such person or by any corporation or partnership with respect to which such person is a 10-percent shareholder, ``(ii) to any interest-related dividend with respect to stock of a regulated investment company unless the person who would otherwise be required to deduct and withhold tax from such dividend under chapter 3 receives a statement (which meets requirements similar to the requirements of subsection (h)(5)) that the beneficial owner of such stock is not a United States person, and ``(iii) to any interest-related dividend paid to any person within a foreign country (or any interest-related dividend payment addressed to, or for the account of, persons within such foreign country) during any period described in subsection (h)(6) with respect to such country. Clause (iii) shall not apply to any dividend with respect to any stock which was acquired on or before the date of the publication of the Secretary's determination under subsection (h)(6). ``(C) Interest-related dividend.--For purposes of this paragraph, an interest-related dividend is any dividend (or part thereof) which is designated by the regulated investment company as an interest-related dividend in a written notice mailed to its shareholders not later than 60 days after the close of its taxable year. If the aggregate amount so designated with respect to a taxable year of the company (including amounts so designated with respect to dividends paid after the close of the taxable year described in section 855) is greater than the qualified net interest income of the company for such taxable year, the portion of each distribution which shall be an interest-related dividend shall be only that portion of the amounts so designated which such qualified net interest income bears to the aggregate amount so designated. ``(D) Qualified net interest income.--For purposes of subparagraph (C), the term `qualified net interest income' means the qualified interest income of the regulated investment company reduced by the deductions properly allocable to such income. ``(E) Qualified interest income.--For purposes of subparagraph (D), the term `qualified interest income' means the sum of-- ``(i) the following amounts derived by the regulated investment company from sources within the United States-- ``(I) any amount includible in gross income as original issue discount (within the meaning of section 1273) on an obligation payable 183 days or less from the date of original issue (without regard to the period held by the company); ``(II) any interest includible in gross income (including amounts recognized as ordinary income in respect of original issue discount or market discount or acquisition discount under part V of subchapter P and such other amounts as regulations may provide) on an obligation which is in registered form; except that this clause shall not apply to any interest on an obligation issued by a corporation or partnership if the regulated investment company is a 10-percent shareholder in such corporation or partnership, and to any interest which is treated as not being portfolio interest under the rules of subsection (h)(4); ``(III) any interest referred to in subsection (i)(2)(A) (without regard to the trade or business of the regulated investment company); and ``(IV) any interest-related dividend includible in gross income with respect to stock of another regulated investment company; and ``(ii) any interest derived by the regulated investment company from sources outside the United States other than interest that is subject to a tax imposed by a foreign jurisdiction if the amount of such tax is reduced (or eliminated) by a treaty with the United States. ``(F) 10-percent shareholder.--For purposes of this paragraph, the term `10-percent shareholder' has the meaning given to such term by subsection (h)(3)(B). ``(2) Short-term capital gain dividends.-- ``(A) In general.--Except as provided in subparagraph (B), no tax shall be imposed under paragraph (1)(A) of subsection (a) on any short-term capital gain dividend received from a regulated investment company. ``(B) Exception for aliens taxable under subsection (a)(2).--Subparagraph (A) shall not apply in the case of any nonresident alien individual subject to tax under subsection (a)(2). ``(C) Short-term capital gain dividend.--For purposes of this paragraph, a short-term capital gain dividend is any dividend (or part thereof) which is designated by the regulated investment company as a short-term capital gain dividend in a written notice mailed to its shareholders not later than 60 days after the close of its taxable year. If the aggregate amount so designated with respect to a taxable year of the company (including amounts so designated with respect to dividends paid after the close of the taxable year described in section 855) is greater than the qualified short-term gain of the company for such taxable year, the portion of each distribution which shall be a short-term capital gain dividend shall be only that portion of the amounts so designated which such qualified short-term gain bears to the aggregate amount so designated. ``(D) Qualified short-term gain.--For purposes of subparagraph (C), the term `qualified short-term gain' means the excess of the net short-term capital gain of the regulated investment company for the taxable year over the net long-term capital loss (if any) of such company for such taxable year. For purposes of this subparagraph-- ``(i) the net short-term capital gain of the regulated investment company shall be computed by treating any short-term capital gain dividend includible in gross income with respect to the stock of another regulated investment company as a short-term capital gain, and ``(ii) the excess of the net short-term capital gain for a taxable year over the net long-term capital loss for a taxable year (to which an election under section 4982(e)(4) does not apply) shall be determined without regard to any net capital loss or net short-term capital loss attributable to transactions after October 31 of such year, and any such net capital loss or net short-term capital loss shall be treated as arising on the 1st day of the next taxable year. To the extent provided in regulations, clause (ii) shall apply also for purposes of computing the taxable income of the regulated investment company.''. (2) Foreign corporations.--Section 881 is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: ``(e) Tax Not To Apply to Certain Dividends of Regulated Investment Companies.-- ``(1) Interest-related dividends.-- ``(A) In general.--Except as provided in subparagraph (B), no tax shall be imposed under paragraph (1) of subsection (a) on any interest-related dividend (as defined in section 871(k)(1)) received from a regulated investment company. ``(B) Exception.--Subparagraph (A) shall not apply-- ``(i) to any dividend referred to in section 871(k)(1)(B), and ``(ii) to any interest-related dividend received by a controlled foreign corporation (within the meaning of section 957(a)) to the extent such dividend is attributable to interest received by the regulated investment company from a person who is a related person (within the meaning of section 864(d)(4)) with respect to such controlled foreign corporation. ``(C) Treatment of dividends received by controlled foreign corporations.--The rules of subsection (c)(5)(A) shall apply to any interest-related dividend received by a controlled foreign corporation (within the meaning of section 957(a)) to the extent such dividend is attributable to interest received by the regulated investment company which is described in subclause (II) of section 871(k)(1)(E)(i) (and not described in subclause (I) or (III) thereof). ``(2) Short-term capital gain dividends.--No tax shall be imposed under paragraph (1) of subsection (a) on any short-term capital gain dividend (as defined in section 871(k)(2)) received from a regulated investment company.''. (3) Withholding taxes.-- (A) Subsection (c) of section 1441 is amended by adding at the end thereof the following new paragraph: ``(12) Certain dividends received from regulated investment companies.-- ``(A) In general.--No tax shall be required to be deducted and withheld under subsection (a) from any amount exempt from the tax imposed by section 871(a)(1)(A) by reason of section 871(k). ``(B) Special rule.--For purposes of subparagraph (A), clause (i) of section 871(k)(1)(B) shall not apply to any dividend unless the regulated investment company knows that such dividend is a dividend referred to in such clause. A similar rule shall apply with respect to the exception contained in section 871(k)(2)(B).''. (B) Subsection (a) of section 1442 is amended-- (i) by striking ``and the reference in section 1441(c)(10)'' and inserting ``the reference in section 1441(c)(10)'', and (ii) by inserting before the period at the end thereof the following: ``, and the references in section 1441(c)(12) to sections 871(a) and 871(k) shall be treated as referring to sections 881(a) and 881(e) (except that for purposes of applying subparagraph (A) of section 1441(c)(12), as so modified, clause (ii) of section 881(e)(1)(B) shall not apply to any dividend unless the regulated investment company knows that such dividend is a dividend referred to in such clause)''. (b) Estate Tax Treatment of Interest in Certain Regulated Investment Companies.--Section 2105 (relating to property without the United States for estate tax purposes) is amended by adding at the end thereof the following new subsection: ``(d) Stock in a Regulated Investment Company.-- ``(1) In general.--For purposes of this subchapter, stock in a regulated investment company (as defined in section 851) owned by a nonresident not a citizen of the United States shall not be deemed property within the United States in the proportion that, at the end of the quarter of such investment company's taxable year immediately preceding the decedent's date of death (or at such other time as the Secretary may designate in regulations), the assets of the investment company that were qualifying assets with respect to the decedent bore to the total assets of the investment company. ``(2) Qualifying assets.--For purposes of this subsection, qualifying assets with respect to a decedent are assets that, if owned directly by the decedent, would have been-- ``(A) amounts, deposits, or debt obligations described in subsection (b) of this section, ``(B) debt obligations described in the last sentence of section 2104(c), or ``(C) other property not within the United States.''. (c) Treatment of Regulated Investment Companies Under Section 897.-- (1) Paragraph (1) of section 897(h) is amended by striking ``REIT'' each place it appears and inserting ``qualified investment entity''. (2) Paragraphs (2) and (3) of section 897(h) are amended to read as follows: ``(2) Sale of stock in domestically-controlled entity not taxed.--The term `United States real property interest' does not include any interest in a domestically-controlled qualified investment entity. ``(3) Distributions by domestically-controlled qualified investment entities.--In the case of a domestically-controlled qualified investment entity, rules similar to the rules of subsection (d) shall apply to the foreign ownership percentage of any gain.''. (3) Subparagraphs (A) and (B) of section 897(h)(4) are amended to read as follows: ``(A) Qualified investment entity.--The term `qualified investment entity' means any real estate investment trust and any regulated investment company. ``(B) Domestically-controlled.--The term `domestically-controlled qualified investment entity' means any qualified investment entity in which at all times during the testing period less than 50 percent in value of the stock was held directly or indirectly by foreign persons.''. (4) Subparagraphs (C) and (D) of section 897(h)(4) are each amended by striking ``REIT'' and inserting ``qualified investment entity''. (5) The subsection heading for subsection (h) of section 897 is amended by striking ``REITS'' and inserting ``Certain Investment Entities''. (d) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to dividends with respect to taxable years of regulated investment companies beginning after the date of the enactment of this Act. (2) Estate tax treatment.--The amendment made by subsection (b) shall apply to estates of decedents dying after the date of the enactment of this Act.

Revises provisions concerning: (1) the estate tax treatment of stock in certain regulated investment companies owned by a nonresident; and (2) the distribution of U.S. property by a qualified investment entity (currently, a real estate investment trust).

Investment Competitiveness Act of 1999

SECTION. 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``All-Terrain Vehicle Standards and Compliance Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Adoption of ANSI ATV standard as a consumer product safety standard. Sec. 3. Modification of standard. Sec. 4. All-terrain vehicles to which standard applies. Sec. 5. Action plans. Sec. 6. Labeling and certification. Sec. 7. Definitions. SEC. 2. ADOPTION OF ANSI ATV STANDARD AS A CONSUMER PRODUCT SAFETY STANDARD. (a) In General.--Within 90 days after the date of enactment of this Act, the Consumer Product Safety Commission shall promulgate a consumer product safety standard for all-terrain vehicles and publish the standard in the Federal Register. The consumer product safety standard shall be the same as the American National Standards Institute/ Specialty Vehicle Institute of America's publication entitled ``Four Wheel All-Terrain Vehicles--Equipment, Configuration and Performance Requirements ANSI/SVIA 1-2001'', except that-- (1) the Commission shall modify the definition of an all- terrain vehicle in that standard by deleting any reference to a single rider and no passenger; (2) the standard shall clearly indicate that it is a consumer product safety standard promulgated by the Commission; and (3) the Commission may make any other necessary changes in format or style necessary to conform the standard to the format and style of other consumer product safety standards promulgated by the Commission. (b) Certain Provisions of Law Not Applicable to Initial Standard.-- Sections 7, 9, 11, and 30(d) of the Consumer Product Safety Act (15 U.S.C. 2056, 2058, 2060, and 2079(d)) and section 553 of title 5, United States Code, shall not apply to promulgation of the consumer product safety standard required by subsection (a). SEC. 3. MODIFICATION OF STANDARD. (a) ANSI Revisions.--If the American National Standards Institute modifies its all-terrain vehicle standard after the date on which the ATV standard is published in the Federal Register under section 2(a), it shall notify the Commission of the modification. (b) Commission Action.-- (1) In general.--Within 120 days after it receives notice of such a modification by the American National Standards Institute, the Commission shall-- (A) issue a notice of proposed rulemaking in accordance with section 553 of title 5, United States Code, to amend the ATV standard to include any such modification that the Commission determines is reasonably related to the safe performance of all- terrain vehicles; and (B) notify the Institute of any provision it has determined not to be so related. (2) Deadline.--The Commission shall promulgate an amendment to the ATV standard under paragraph (1)(A) within 180 days after the date on which the notice of proposed rulemaking for the amendment is published in the Federal Register. (c) Unreasonable Risks of Injury.--Notwithstanding any other provision of this Act, the Commission may amend the ATV standard to include any additional provision that the Commission determines is reasonably necessary to reduce unreasonable risks of injury associated with the performance of all-terrain vehicles. (d) Certain Provisions of CPSA Not Applicable.--Sections 7, 9, 11, and 30(d) of the Consumer Product Safety Act (15 U.S.C. 2056, 2058, 2060, and 2079(d)) shall not apply to promulgation of any amendment of the ATV standard under subsection (b)(1)(A). Judicial review of any amendment of the ATV standard under subsection (b)(1)(A) shall be in accordance with chapter 7 of title 5, United States Code. SEC. 4. ALL-TERRAIN VEHICLES TO WHICH STANDARD APPLIES. (a) In General.--The ATV standard shall apply to all-terrain vehicles manufactured in the United States, or imported for use in the United States, more than 150 days after the date on which the ATV standard is published in the Federal Register. (b) Compliant Models With Additional Features.--The ATV standard shall not be construed to prohibit a manufacturer or importer of an all-terrain vehicle that complies with the requirements of the consumer product safety standard from manufacturing or distributing any such all-terrain vehicle that incorporates characteristics or components that are not covered by the consumer product safety standard. Any such characteristics or components shall be subject to the requirements of section 15 of the Act (15 U.S.C. 2064). SEC. 5. ACTION PLANS. (a) Action Plan Required.-- (1) In general.--Each manufacturer or importer of an all- terrain vehicle to which the ATV standard applies shall submit an action plan to the Commission for its approval. (2) Commission approval required.--If the Commission approves an action plan, it shall indicate its approval in writing. The Commission may not unreasonably withhold approval of an action plan. (3) Existing action plans.--An action plan submitted to the Commission by a manufacturer or importer before the date of enactment of this Act is deemed to have been approved in writing by the Commission. (b) Compliance With Action Plan Required.-- (1) In general.--A manufacturer or importer of all-terrain vehicles may not distribute an all-terrain vehicle in commerce unless the manufacturer or importer has complied with its obligations under its action plan that has been approved by the Commission. (2) Requirements for 3-wheeled atvs.--Until a mandatory consumer product safety standard applicable to 3-wheeled all- terrain vehicles promulgated pursuant to this Act is in effect, new 3-wheeled all-terrain vehicles may not be imported into or distributed in commerce in the United States. (3) Enforcement.--Violation of paragraph (1) or (2) shall be considered to be a violation of section 19(a)(1) of the Consumer Product Safety Act (15 U.S.C. 2068(a)(1)) and may also be enforced under section 17 of that Act (15 U.S.C. 2066). (c) Amendment of Action Plan.-- (1) In general.--A manufacturer or importer may amend an action plan approved by the Commission by notifying the Commission in writing of the proposed amendment not less than 60 days before the date on which the proposed amendment is to take effect. (2) Commission review.--Within 60 days after receiving notice of a proposed amendment, the Commission shall approve or disapprove the proposed amendment and notify the manufacturer or importer in writing of its action. If the Commission does not notify the manufacturer or importer of its action within that 60-day period, the Commission is deemed to have approved the proposed amendment. If the Commission disapproves the proposed amendment, the Commission shall include an explanation in writing of the reasons for the disapproval in the notification to the manufacturer or importer. The approval or disapproval by the Commission of a proposed amendment shall constitute final agency action for purposes of judicial review under chapter 7 of title 5, United States Code. (d) Revocation of Approval; Release of Obligation.-- (1) Revocation.--If the Commission determines, after notice and the opportunity for a hearing, that a manufacturer or importer has failed to comply substantially with its obligations under its action plan, the Commission may revoke its approval of the action plan. The revocation shall constitute final agency action for purposes of judicial review pursuant to chapter 7 of title 5, the United States Code. Upon receipt of notice of a revocation of the action plan, the manufacturer or importer shall cease further distribution in commerce of any all-terrain vehicle subject to the ATV standard. The revocation by the Commission of its approval of a manufacturer's or importer's action plan shall not preclude the manufacturer or importer from submitting another action plan under subsection (a)(1). (2) Release.--If the Commission determines that compliance by a manufacturer or importer with a specific requirement of its approved action plan is not necessary to promote all- terrain vehicle safety, it shall notify the manufacturer or importer in writing of its determination and release the manufacturer or importer from any obligation under this Act to comply with that requirement. SEC. 6. LABELING AND CERTIFICATION. Pursuant to section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) each all-terrain vehicle to which the ATV standard applies shall bear a label that-- (1) is permanent and allows viewing without removing any part of the all-terrain vehicle; (2) certifies that the all-terrain vehicle complies with the consumer product safety standard and is subject to an action plan accepted by the Commission; (3) identifies the manufacturer, importer, or private labeler issuing the certification; and (4) contains sufficient information to enable the Commission to identify the particular action plan or letter of undertaking that applies to that all-terrain vehicle. SEC. 7. GAO STUDY. The Comptroller General shall conduct a study of the utility, recreational, and other benefits of all-terrain vehicles, and the costs associated with all-terrain vehicle related fatalities and injuries. SEC. 8. DEFINITIONS. In this Act: (1) Action plan.-- (A) In general.--The term ``action plan'' means a written document submitted to the Commission by the manufacturer or importer of all-terrain vehicles that-- (i) describes actions the manufacturer or importer agrees to take to promote all-terrain vehicle safety, including rider training, dissemination of safety information, age recommendations, other policies governing marketing and sale of the vehicles, the monitoring of such sales, and other safety- related measures; and (ii) is substantially similar to the plans described under the heading The Undertakings of the Companies in the Consumer Product Safety Commission Notice published in the Federal Register on September 9, 1998 (63 FR 48199- 48204). (B) Letter of undertaking.--The term ``action plan'' includes a letter of undertaking that meets the requirements of subparagraph (A). (2) All-terrain vehicle.-- (A) In general.--The term ``all-terrain vehicle'' means a motorized off-highway vehicle designed to travel on 3 or 4 wheels that has-- (i) a seat designed to be straddled by the operator; and (ii) handlebars for steering control. (B) Exceptions.--The term does not include-- (i) a prototype of an all-terrain vehicle not available for sale; or (ii) an all-terrain vehicle designed and manufactured exclusively for research and development purposes and not available for sale. (3) ATV standard.--The term ``ATV standard'' means the consumer product safety standard promulgated under section 2(a) of this Act. (4) Commission.--The term ``Commission'' means the Consumer Product Safety Commission.

All-Terrain Vehicle Standards and Compliance Act of 2007 - Requires the Consumer Product Safety Commission (CPSC) to issue a consumer product safety standard for all-terrain vehicles (ATVs) that is, subject to exception, identical to a specified publication by the American National Standards Institute/Specialty Vehicle Institute of America. Makes specified provisions of the Consumer Product Safety Act and other federal law inapplicable to that issuance. Applies the standard to ATVs manufactured or imported after the standard is published. Allows ATVs that comply with the standard to incorporate characteristics or components not covered by the standard. Requires each ATV manufacturer or importer to submit an action plan to the CPSC for approval and to comply with an approved plan. Prohibits the importation or distribution of three-wheeled ATVs until a mandatory consumer product safety standard applicable to such vehicles is in effect. Requires each ATV to which the standard applies to bear a label certifying compliance.

A bill to assure compliance with basic standards for all-terrain vehicles in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local and Municipal Health Care Choice Act of 2015''. SEC. 2. COOPERATIVE GOVERNING OF PUBLIC ENTITY GROUP HEALTH COVERAGE. Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended-- (1) by redesignating the section 2794 (42 U.S.C. 300gg-95) relating to uniform fraud and abuse referral format as section 2795; and (2) by adding at the end the following new section: ``SEC. 2796. AUTHORITY TO OFFER PUBLIC ENTITY GROUP HEALTH COVERAGE TO LOCAL GOVERNMENTS IN A SECONDARY STATE. ``(a) In General.--A local government in a secondary State (as defined in subsection (i)(7)) may provide group health coverage to its officers, employees, or retirees (and their dependents) through a local government employee health benefits pool or program authorized under the laws of a primary State, subject to the provisions of this section. ``(b) Eligibility for Multistate Activity.--A local government employee health benefits pool or program shall be eligible to offer group health coverage to officials, employees, and retirees (and their dependents) of a local government located in a secondary State through an interlocal agreement with such local government, or as approved by an applicable State authority in such secondary State, unless-- ``(1) in the case of a pool or program that primarily serves municipal officers, employees, or retirees (and their dependents), an objection is made to the offering of such coverage by the municipal league or association located in the secondary State within 90 days of the date on which the authority is granted or an interlocal agreement is executed; or ``(2) in the case of a pool or program that primarily serves county officers, employees, retirees (and their dependents), an objection is made to the offering of such coverage by the county association located in the secondary State within 90 days of the date on which the authority is granted or an interlocal agreement is executed. ``(c) Application of Covered Laws of Primary State.--The covered laws (as defined in subsection (i)(2)) of the primary State shall apply to group health coverage offered by a local government employee health benefits pool or program in the primary State and in any secondary State, but only if the coverage and the pool or program comply with the conditions of this section with respect to the offering of coverage in any secondary State. ``(d) Limited Application of Secondary State Laws.-- ``(1) In general.--Except as provided in this section, a local government employee health benefits pool or program that offers group health coverage in a secondary State to the officers, employees, or retirees (and their dependents) of a local government located in such secondary State, is exempt from any covered laws of the secondary State (and any rules, regulations, agreements, or orders sought or issued by such State under or related to such covered laws). ``(2) Secondary state authority.--A secondary State may require a local government employee health benefits pool or program to do any or all of the following: ``(A) Registration.--To register with an applicable State authority in such State with jurisdiction over local government employee health benefits pools or programs and designate such authority as its agent solely for the purpose of receiving service of legal documents or process. ``(B) Documentation.--To file with an applicable state authority in such State-- ``(i) a written intent to do business in that State; ``(ii) copies of the membership or interlocal agreements entered into between the local government employee health benefits pool or program and a local government of that State; and ``(iii) copies of annual audited financial statements of the local government employee health benefits pool or program filed with the primary State. ``(C) Compliance with injunctions.--To comply with an injunction issued by a court of competent jurisdiction, upon a petition by an applicable State authority in such State alleging that the pool or program is in hazardous financial condition. ``(D) Compliance with state fraud and abuse laws.-- To comply with any State law regarding fraud and abuse, except that if the State seeks an injunction regarding the conduct described in this subparagraph, such injunction must be obtained from a court of competent jurisdiction. ``(E) Compliance with state unfair claims settlement practices laws.--To comply with any State law regarding unfair claims settlement practices. ``(3) Limitations on secondary state authority.--If a local government employee health benefits pool or program offers group health insurance coverage to officials, employees, and retirees (and their dependents) of a local government located in a secondary State pursuant to subsection (b), such secondary State may not do any of the following: ``(A) Countersigned by local agent or broker.-- Require any group health coverage issued by the pool or program to be countersigned by an insurance agent or broker residing in that secondary State. ``(B) Submit to duplicative financial examinations.--Require the pool or program to submit to an examination of its financial condition by an applicable State authority in such State, unless-- ``(i) an applicable State authority of the primary State has not done an examination within the period recommended by the National Association of Insurance Commissioners; and ``(ii) any such examination by the secondary State is conducted in accordance with the examiners' handbook of the National Association of Insurance Commissioners and is coordinated to avoid unjustified duplication and unjustified repetition. ``(C) Discriminate against pool or program.-- Otherwise discriminate against the pool or program issuing group health coverage in both the primary State and in any secondary State. ``(e) Benefit Requirements.--Group health coverage offered by a local government employee health benefits pool or program shall be at least as comprehensive as the coverage of the essential health benefits under section 1302(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(b)). ``(f) Disclosure Requirement.--Prior to providing group health coverage to the officers, employees, or retirees (and their dependents) of a local government located in a secondary State, a local government employee health benefits pool or program shall provide notice to such individuals that the health coverage is governed by the covered laws and regulations of the primary State, as well as by any applicable Federal laws and regulations. ``(g) Status of Group Health Coverage in Secondary State.--A local government employee health benefits pool or program that is not regulated as an insurer in its primary State, and whose group health plans are not regulated as insurance in its primary State, shall not be subject to the jurisdiction of a State insurance regulatory agency in any secondary State. ``(h) Designation of Primary State.-- ``(1) Designation of a single state.--A local government employee health benefits pool or program may only designate one State as its primary State with respect to all such coverage it offers under this section. ``(2) Initial operations in primary state.--Such pool or program may not offer group health coverage in a secondary State until it is deemed to be doing business in the primary State. ``(i) Definitions.--In this section: ``(1) Applicable state authority.--The term `applicable State authority' means, with respect to a local government employee health benefits pool or program in a State, any official or officials designated by the State to administer the requirements of this section for the State with respect to such pool or program, including the official or officials with authority to approve interlocal agreements under applicable State law, but shall not include any State insurance regulatory agency. ``(2) Covered laws.-- ``(A) In general.--The term `covered laws' means the laws, rules, regulations, agreements, and orders pertaining to any of the following: ``(i) Group health coverage issued by a local government employee health benefits pool or program. ``(ii) The offer, sale, rating (including medical underwriting), renewal, and issuance of group health coverage to local government officials, employees, and retirees or their dependents. ``(iii) The management, operations, and investment activities of a local government employee health benefits pool or program. ``(iv) Loss control and claims administration for a local government employee health benefits pool or program with respect to liability for which the pool or program provides coverage. ``(v) The payment, on a nondiscriminatory basis, of applicable premium and other taxes (including high risk pool assessments) which are levied on health insurance issuers, brokers, or policyholders under the laws of the State. ``(B) Exception.--Such term does not include any law, rule, regulation, agreement, or order governing the use of care or cost management techniques, including any requirement related to provider contracting, network access or adequacy, health care data collection, or quality assurance. ``(3) Group health coverage.--The term `group health coverage' means medical care expense reimbursement provided under a group health plan. ``(4) Local government.--The term `local government' means a county, municipality, special district, school district, junior college district, housing authority, or other political subdivision or public entity defined under State law. ``(5) Local government employee health benefits pool or program.--The term `local government employee health benefits pool or program' means a risk pool authorized or permitted by State statute or otherwise regulated by a State agency under which-- ``(A) a local government or group of local governments, directly or through a pool, provide health care benefits primarily for local government officials, employees, and retirees and their dependents; and ``(B) such pool may provide health care benefits from the assets of the pool or its member local governments through any combination of self-funded arrangements or fully insured products; and includes any other State authorized program designed to provide health benefits to local government officials, employees, and retirees and their dependents. ``(6) Primary state.--The term `primary State' means, with respect to group health coverage offered by a local government employee health benefits pool or program, the State designated by the pool or program as the State whose covered laws shall govern the pool or program in the issuance of such coverage under this part. ``(7) Secondary state.--The term `secondary State' means, with respect to group health coverage offered by a local government employee health benefits pool or program, any State that is not the primary State.''.

Local and Municipal Health Care Choice Act of 2015 Amends the Public Health Service Act to authorize a local government in a secondary state to provide group health coverage to its officers, employees, or retirees (and their dependents) through a local government employee health benefits pool or program authorized under the laws of a primary state. Defines: (1) "primary state" to mean the state designated by a local government employee health benefits pool or program as the state whose covered laws shall govern the pool or program in the issuance of group health coverage, and (2) "secondary state" to mean any state that is not the primary state. Makes a local government employee health benefits pool or program eligible to offer group health coverage to officials, employees, and retirees (and their dependents) of a local government located in a secondary state through an interlocal agreement with such local government, or as approved by an applicable state authority in such secondary state, unless objections are made within a specified time frame by the municipal league or association or county association located in the secondary state. Requires the covered laws of the primary state to apply to group health coverage offered by a local government employee health benefits pool or program in the primary state and in any secondary state, but only if the coverage and the pool or program comply with conditions set forth in this Act with respect to the offering of coverage in any secondary state. Defines "covered laws" as the laws, rules, regulations, agreements, and orders pertaining to: group health coverage issued by a local government employee health benefits pool or program; the offer, sale, rating, renewal, and issuance of group health coverage to local government officials, employees, and retirees or their dependents; the management, operations, and investment activities of such a pool or program; loss control and claims administration for such a pool or program with respect to liability for which the pool or program provides coverage; or the payment of applicable premium and other taxes that are levied on health insurance issuers, brokers, or policyholders under the laws of the state. Excludes from such term any law, rule, regulation, agreement, or order governing the use of care or cost management techniques. Exempts a local government pool or program that offers group health coverage in a secondary state to the officers, employees, or retirees of a local government located in such secondary state from any covered laws of the secondary state. Permits a secondary state to require such a pool or program to register with an applicable authority in such state and to comply with any state law regarding fraud and abuse or unfair claims settlement practices.

Local and Municipal Health Care Choice Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Financial Literacy Act of 2009''. SEC. 2. FINANCIAL LITERACY PROGRAMS. Section 804 of the Community Reinvestment Act of 1977 (12 U.S.C. 2903) is amended by adding at the end the following new subsection: ``(d) Direct Support for Financial Literacy Programs Taken Into Account.-- ``(1) Standards established for eligible programs.--The appropriate Federal financial supervisory agencies shall jointly prescribe regulations establishing-- ``(A) the minimum standards required to be met by a community-based financial literacy program in order to be eligible for consideration under paragraph (3) as a qualified community-based financial literacy program; ``(B) the procedures for financial institutions to apply to the appropriate Federal financial supervisory agency for approval of a financial literacy program as a qualified community-based financial literacy program; and ``(C) a requirement that financial institutions submit a regular report on how the institution supported and promoted financial literacy in its entire community, including low- and moderate-income neighborhoods. ``(2) Factors.--The regulations required under paragraph (1) shall require at a minimum that a qualified community-based financial literacy program-- ``(A) be offered by a nonprofit budget and counseling agency which is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986; and ``(B) include adequate education to promote consumer understanding of consumer, economic, and personal finance issues and concepts, including saving for retirement, managing credit, long-term care, estate planning and education on predatory lending, identity theft, and financial abuse schemes. ``(3) Programs taken into account.--The direct support by a financial institution of a qualified community-based financial literacy program may be taken into account by the appropriate Federal financial supervisory agency under subsection (a) in assessing the institution's record of meeting the credit needs of its entire community, including low- and moderate-income neighborhoods, in such amount and to such extent as may be provided in the joint regulations prescribed under paragraph (1).''. SEC. 3. CREDIT AGAINST INCOME TAX FOR SMALL BUSINESSES WHICH PROVIDE CONTINUING FINANCIAL EDUCATION TO EMPLOYEES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45R. SMALL BUSINESSES PROVIDING CONTINUING FINANCIAL EDUCATION TO EMPLOYEES. ``(a) In General.--In the case of an eligible small business, the continuing financial education credit determined under this section is an amount equal to 35 percent of the continuing financial education expenses paid or incurred by the taxpayer during the taxable year. ``(b) Eligible Small Business.--For purposes of this section, the term `eligible small business' means any small business which provides without charge a qualified continuing financial education program to its employees throughout the taxable year. ``(c) Qualified Continuing Financial Education Program.--For purposes of this section-- ``(1) In general.--The term `qualified continuing financial education program' means any educational program or services-- ``(A) which is provided by a community-based budget and counseling agency which is described in section 501(c)(3) and exempt from tax under section 501(a), ``(B) which promotes consumer understanding of consumer, economic, and personal finance issues and concepts, including saving for retirement, managing credit, long-term care, estate planning and education on predatory lending, identity theft, and financial abuse schemes, ``(C) which is offered to all employees of the taxpayer who have at least 2 weeks of service with the employer, and ``(D) which is offered during-- ``(i) at least 24 hours of each month if the taxpayer is a corporation, or ``(ii) at least 16 hours of each month in any other case. ``(d) Small Business.--For purposes of this section-- ``(1) In general.--The term `small business' means, with respect to any taxable year, any employer if-- ``(A) such employer employed an average of at least 2 but not more than 50 employees on business days during the most recent calendar year ending before such taxable year, and ``(B) such employer employed at least 2 employees on the first day of the taxable year. ``(2) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the calendar year referred to in paragraph (1), the determination under paragraph (1) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the taxable year. ``(3) Special rules.-- ``(A) Controlled groups.--For purposes of this subsection, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer. ``(B) Predecessors.--Any reference in this subsection to an employer shall include a reference to any predecessor of such employer.''. (b) Denial of Double Benefit.--Section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end the following new subsection: ``(g) Credit for Small Businesses Providing Continuing Financial Education to Employees.--No deduction shall be allowed for that portion of the expenses paid or incurred during the taxable year which is equal to the credit determined for the taxable year under sections 45R(a). In the case of persons treated as a single employer under section 45R(d)(3)(A), this subsection shall be applied under rules prescribed by the Secretary similar to the rules applicable under subsections (a) and (b) of section 52.''. (c) Credit To Be Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(36) in the case of an eligible small business (as defined in section 45R(d)), the continuing financial education credit under section 45R(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45R. Small businesses providing continuing financial education to employees.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 4. PREFERENCE IN FEDERAL CONTRACTS, LOANS, AND OTHER ASSISTANCE FOR SMALL BUSINESSES AND CORPORATIONS PROVIDING CONTINUING FINANCIAL EDUCATION TO EMPLOYEES. (a) Preference.--In the case of any Federal contract or any Federal financial or nonfinancial assistance, an eligible small business or an eligible corporation shall be given a preference when submitting a bid or proposal for the contract or applying for such assistance. (b) Definitions.--In this section: (1) Eligible small business.--The term ``eligible small business'' has the meaning provided in section 45R(b) of the Internal Revenue Code of 1986. (2) Eligible corporation.--The term ``eligible corporation'' means any corporation-- (A) that employs 50 or more employees; and (B) that provides without charge a qualified continuing financial education program to its employees throughout the taxable year. (3) Qualified continuing financial education program.--The term ``qualified continuing financial education program'' has the meaning provided in section 45R(c) of the Internal Revenue Code of 1986. (4) Federal financial or nonfinancial assistance.--The term ``Federal financial or nonfinancial assistance'' means-- (A) all programs and activities involving Federal financial and nonfinancial assistance and benefits, as covered by Executive Order No. 12549 and guidelines implementing that order; and (B) procurement programs and activities, including Federal contracts for the procurement of goods or services. (c) Effective Date.--The preference required under subsection (a) shall be applied beginning on January 1, 2010.

National Financial Literacy Act of 2009 - Amends the Community Reinvestment Act of 1977 to require federal financial supervisory agencies jointly to prescribe regulations establishing: (1) minimum standards to be met by a community-based financial literacy program in order to be eligible for consideration as a qualified community-based financial literacy program; (2) procedures for financial institutions to apply to a federal financial supervisory agency for approval of such a program; and (3) a requirement that financial institutions submit a regular report on how the institution supported and promoted financial literacy in its entire community, including low- and moderate-income neighborhoods. Authorizes a federal financial supervisory agency to take an institution's direct support of a qualified community-based financial literacy program into account when it assesses the institution's record of meeting the community's credit needs. Amends the Internal Revenue Code to allow a tax credit to small businesses for 35% of the expenses paid or incurred for providing qualified continuing financial education to their employees. Requires that preference in federal contracts, loans, and other financial or nonfinancial assistance for small businesses and corporations be given to those providing continuing financial education to their employees.

To provide incentives to encourage financial institutions and small businesses to provide continuing financial education to customers, borrowers, and employees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reform Americans Can Afford Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) The nonpartisan Congressional Budget Office (referred to in this section as the ``CBO'') predicts that health insurance premiums will increase by $2,100 for millions of families by 2016 as a result of the Democrats' health overhaul. (2) The Obama Administration's own actuaries at the Centers for Medicare & Medicaid Services (referred to in this section as the ``CMS'') predict that, ``[N]ational health expenditures under the health reform act would increase by a total of $311,000,000,000 (0.9 percent) during calendar years 2010- 2019'' as a result of the Democrats' health overhaul. (3) The CMS actuaries predict that 14,000,000 Americans would lose their employer-sponsored insurance as a result of the Democrats' health overhaul. (4) The Democrats' health overhaul penalizes Americans who save money to pay for their health care and threatens to reduce the value of the health benefits of 43,000,000 Americans with Flexible Spending Arrangements and Health Savings Accounts. (5) CBO estimates the Democrats' health overhaul slashes Medicare by more than one-half trillion dollars in order to fund a new Government entitlement program. (6) The Medicare actuaries found these Medicare cuts to be so drastic that they caution, ``providers for whom Medicare constitutes a substantive portion of their business could find it difficult to remain profitable and, absent legislative intervention, might end their participation in the program (possibly jeopardizing access to care for beneficiaries)''. (7) The CMS actuaries predict 7,000,000 Medicare beneficiaries will no longer be enrolled in a Medicare Advantage plan and millions of seniors who are currently enrolled in a Medicare Advantage plan will see their benefits slashed and out-of-pocket costs increase. (8) According to the Joint Committee on Taxation and the CBO, the Democrats' health law contains a total of $569,200,000,000 in tax increases, including a dozen separate provisions that break President Obama's pledge to avoid tax increases on middle-class Americans earning less than $200,000 per year and families earning less than $250,000 per year. (9) The national unemployment rate remains near 10 percent. (10) CBO estimates that the Democrats' health overhaul will raise taxes on employers who fail to provide Government- approved health insurance to their employees by $52,000,000,000. (11) CBO said that ``employees largely bear the cost of . . . [employer mandate] fees in the form of lower wages''. (12) The costs incurred by businesses who avoid the tax by complying with the employer mandate may also be felt by potential workers (who will have fewer employment opportunities as businesses respond to the mandate by reducing additional hiring) and by consumers (who may have to pay more for goods and services to offset the higher costs imposed on businesses by the mandate). (13) The U.S. Chamber of Commerce, which represents more than 3,000,000 businesses and organizations, said the Democrats' health overhaul, ``will not increase coverage-rather it will lead to out-sourcing, off-shoring, hiring of independent contractors, spinning-off small new companies, reducing workforces, and reducing wages''. (14) The National Federation of Independent Business, which represents 350,000 small businesses, said through mandates, ``employees ultimately bear the cost of their health insurance through lower employment, depressed wages, depressed productivity, and loss of economic opportunities''. (15) CBO found that 3,900,000 Americans would pay $17,000,000,000 in taxes for not purchasing Government-approved health insurance and that nearly half of these taxes would be paid by families earning less than 300 percent of the Federal poverty level. (16) The Internal Revenue Service may have to hire as many as 16,500 additional agents, auditors, and other workers to enforce all the new taxes and penalties in the Democrats' health overhaul, dangerously expanding the Government's reach into the lives of virtually every American. (17) The CMS actuaries predict the nearly $110,000,000,000 in new health care industry taxes in the Democrats' health overhaul will be passed onto consumers in the form of higher premiums and out-of-pocket costs. (18) The subsidies for individuals and families (who earn less than 400 percent of the Federal poverty level) in the Democrats' health overhaul are structured in a way that will financially punish married couples. For example, a woman earning $32,000 in 2016 who gets married to a man earning the same amount will pay an average marriage penalty of $9,640 versus what they would have paid for health coverage had they not married. (19) The rapid phase-out of the premium tax credits, when combined with existing income and payroll tax rates, create effective marginal tax rates exceeding 100 percent in certain cases, thus destroying any incentive to work harder and earn more income. (20) The so-called ``Patient-Centered Outcomes Research Institute'' paves the way for Government-sanctioned rationing of life-saving treatments by allowing the coverage of health care treatments and services to be based on how much those treatments and services cost. (21) The CMS actuaries predict the program to help cover the sickest Americans will be so inadequately funded that premiums will have to increase ``substantially'' to maintain solvency. (22) The CMS actuaries estimate 18,000,000 Americans will be dumped into Medicaid, a program in which they are likely to have a difficult time finding a doctor to treat them, as a result of the Democrats' health overhaul. (23) The Medicaid expansion in the Democrats' health overhaul will force States to spend an additional $20,000,000,000 on their Medicaid programs at time where the vast majority of States are facing a budget crisis. (24) The 2010 budget deficit currently stands at $1,400,000,000,000 and the national debt totals $12,000,000,000,000. (25) The CMS actuaries exposed the Democrats' budget gimmicks, saying a new Government-run long-term care program that Democrats have touted as saving $72,000,000,000 over the next ten years will ``face a significant risk of failure'' and also that ``the improved [Medicare] financing cannot be simultaneously used to finance other Federal outlays (such as the coverage expansions) and to extend the trust fund''. (26) CBO estimates the House Republican health reform bill would reduce premiums across the board by up to $1,050 annually. (27) The House Republican health reform bill would not cut Medicare or increase taxes. (28) CBO estimates the Republican health reform bill would reduce the Federal deficit by $68,000,000,000 over the next 10 years. (29) As of introduction of this bill, 21 State attorneys general are suing the Federal Government, challenging the constitutionality of the Democrats' new health care law. SEC. 3. REPEAL OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT AND THE HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010. (a) Patient Protection and Affordable Care Act.--Effective as of the enactment of the Patient Protection and Affordable Care Act, such Act is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted. (b) Health Care and Education Reconciliation Act of 2010.-- Effective as of the enactment of the Health Care and Education Reconciliation Act of 2010, such Act is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted. SEC. 4. ENACTMENT OF THE COMMON SENSE HEALTH CARE REFORM AND AFFORDABILITY ACT. H.R. 4038, entitled the ``Common Sense Health Care Reform and Affordability Act'', as introduced in the House of Representatives on November 6, 2009, is enacted into law.

Reform Americans Can Afford Act of 2010 - Repeals the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, effective as of their enactment. Restores provisions of law amended by such Acts. Enacts the Common Sense Health Care Reform and Affordability Act (H.R. 4038), as introduced in the House of Representatives on November 9, 2009.

To repeal the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 and enact the Common Sense Health Care Reform and Affordability Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Office of Correctional Public Health Act of 2005''. SEC. 2. FINDING. The Congress finds as follows: (1) Approximately 2.1 million people are incarcerated in the United States. (2) The number of inmates held in Federal, State, and private correctional facilities rose 28 percent between midyear 1995 and 2000. (3) The offender population in jails turns over between 20 and 25 times each year. (4) At least 95 percent of those currently incarcerated will be released from custody. (5) Offender populations enter correctional facilities with a higher rate of infection of chronic and communicable diseases, including asthma, diabetes, hepatitis, HIV/AIDS, and tuberculosis, than is present in the general population. (6) The prevalence of mental illness in correctional facilities is rising. Estimates are that between 14 and 20 percent of jail inmates in 1996 had some type of anxiety disorder. In State prison facilities, it is estimated that between 22 and 30 percent have an anxiety disorder. (7) The prevalence of AIDS among inmates is 3.5 times higher than among the general population. (8) An estimated 98,500 to 145,500 HIV-positive inmates were released from prisons and jails in 1996. (9) According to estimates, between 12 and 15 percent of all individuals in the United States with chronic or current hepatitis B infection in 1996 spent time in a correctional facility that year. (10) Between 1.3 and 1.4 million inmates released from prison or jail in 1996 were infected with hepatitis C. The prevalence of hepatitis C among inmates is between 9 and 10 times higher than the estimated hepatitis C prevalence in the Nation's population as a whole. In the United States, about 30 percent of the total population with hepatitis C virus are former prisoners or have a history of incarceration. (11) In 1996, an estimated 35 percent of all those in America who had tuberculosis had served time in a correctional facility. (12) According to estimates, substance abuse is a major characteristic of incoming prisoners. Seventy-five percent of State prisoners, and 80 percent of Federal prisoners, may be characterized as alcohol-involved or drug-involved offenders. SEC. 3. ESTABLISHMENT OF OFFICE OF CORRECTIONAL PUBLIC HEALTH. Title XVII of the Public Health Service Act (42 U.S.C. 300u et seq.) is amended by adding at the end the following section: ``office of correctional public health ``Sec. 1711. (a) In General.--There is established within the Office of Public Health and Science an office to be known as the Office of Correctional Public Health (in this section referred to as the `Office'), which shall be headed by a director appointed by the Secretary. The Secretary shall carry out this section acting through the Director of the Office. ``(b) General Duties.-- ``(1) In general.--The Secretary shall carry out public health activities regarding individuals who are employees in Federal, State, or local penal or correctional institutions or who are incarcerated in such institutions (which activities regarding such individuals are referred to in this section as `correctional health activities', and which individuals are so referred to collectively as `correctional populations'). Correctional health activities that may be carried out under the preceding sentence include activities regarding disease prevention, health promotion, service delivery, research, and health professions education. ``(2) Certain types of institutions.--The types of penal or correctional institutions with respect to which this section is authorized to be carried out include facilities in which individuals are held pending judicial proceedings (including individuals who are minors), facilities in which individuals are held pending administrative proceedings of the Secretary of Homeland Security with respect to citizenship and immigration services, and facilities in which individuals who are minors are held pursuant to judicial proceedings in which such individuals are found, as minors, to have engaged in violations of law. ``(c) Certain Activities.--In carrying out correctional health activities under subsection (b), the Secretary shall-- ``(1) coordinate all correctional health programs within the Department of Health and Human Services; ``(2) provide technical support to State and local correctional agencies on correctional health issues; ``(3) cooperate with other Federal agencies carrying out correctional health programs to ensure coordination of such programs; ``(4) consult with, and provide outreach to, State directors of correctional health and providers of correctional health care; ``(5) facilitate the exchange of information regarding correctional health activities; and ``(6) facilitate collaboration between correctional facilities and State and local health departments. ``(d) Grants Regarding Hepatitis.-- ``(1) In general.--The Secretary, in consultation with the Director of the Centers for Disease Control and Prevention, may make grants to States for the purpose of providing for correctional populations screenings, immunizations, and treatment for hepatitis A, B, and C. ``(2) Discretion of grantee regarding scope of program.--A State receiving a grant under paragraph (1) may expend the grant for any or all of the activities authorized in such paragraph. ``(3) Requirement of matching funds.-- ``(A) In general.--With respect to the costs of the program to be carried out under paragraph (1) by a State, the Secretary may make a grant under such paragraph only if the State agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount not less than 20 percent of such costs ($1 for each $4 of Federal funds provided in the grant). ``(B) Determination of amount contributed.--Non- Federal contributions required in subparagraph (A) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(4) Certain expenditures of grant.--The Secretary may make a grant under paragraph (1) only if, with respect to the activities to be carried out with the grant pursuant to paragraph (2), the State agrees that a portion of the grant will be expended to carry out such activities at penal or correctional institutions that are not facilities in which individuals serve terms of imprisonment, including facilities in which individuals are held pending judicial proceedings. ``(e) Annual Report.--The Secretary shall annually submit to the Congress a report describing the correctional health activities carried out under this section. The report shall include a description of the status of correctional health activities in the United States. ``(f) Rule of Construction Regarding Agency Jurisdiction.--With respect to correctional health programs that are carried out by agencies of the Public Health Service and were in operation as of the day before the date of the enactment of the Office of Correctional Public Health Act of 2005, this section may not be construed as requiring the Secretary to transfer jurisdiction for the programs from such agencies to the office established in subsection (a). ``(g) Authorization of Appropriations.-- ``(1) In general.--For the purpose of carrying out this section, other than subsection (d), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2006 through 2010. ``(2) Grants regarding hepatitis.--For the purpose of carrying out subsection (d), there are authorized to be appropriated $15,000,000 for each of the fiscal years 2006 through 2008, and $5,000,000 for each of the fiscal years 2009 and 2010.''.

Office of Correctional Public Health Act of 2005 - Amends the Public Health Service Act to establish the Office of Correctional Public Health (OCPH) within the Office of Public Health and Science. Requires the Secretary of Health and Human Services, acting through the Director of OCPH, to carry out public health activities for individuals who are employees in federal, state, or local penal or correctional institutions or who are incarcerated in such institutions. Includes among such activities disease prevention, health promotion, service delivery, research, and health professions education activities. Authorizes the Secretary to make matching grants to states to provide for correctional populations screenings, immunizations, and treatment for hepatitis A, B, and C. Requires a portion of each grant to be expended to carry out such activities at penal or correctional facilities that are not facilities in which individuals serve terms of imprisonment, including remand facilities.

To amend the Public Health Service Act to establish an Office of Correctional Public Health.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coordinate to Educate Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress makes the following findings: (1) Growing numbers of children live in an environment of social and economic conditions that greatly increase their risk of academic failure when they become students. (2) Many academically at-risk students suffer the effects of inadequate nutrition and health care, lack of child care, overcrowded and unsafe living conditions and homelessness, family and gang violence, substance abuse, sexual abuse and child abuse, involuntary migration and limited English proficiency that often create severe barriers to learning the knowledge and skills needed to become literate, independent and productive citizens. (3) Almost half of all children and youths live in a single parent family for some period of their lives, while many others live in families with two full-time working parents, greatly reducing parental involvement in their education. (4) Services for at-risk students are often fragmented, inconvenient, expensive, overregulated, ineffective and duplicative, and focused on only a single narrow problem without meeting the needs of the child and the family. (5) School personnel, parents, and support service providers often lack knowledge of, and access to, available services for at-risk students and their families in the community, are constrained by bureaucratic obstacles from providing the services most needed, and have few resources or incentives to coordinate services and make them accessible. (6) Service providers, such as teachers, social workers, health care and child care providers, juvenile justice workers and others, are often trained in separate institutions, practice in separate agencies, and pursue separate professional activities that provide little support for coordination and integration of services. (7) Coordination and integration of services for at-risk students emphasizing prevention and early intervention offer a greater opportunity to break the cycle that leads to academic failure, leaving school, low-skill levels, unemployment and low income. (8) Coordination of services is cost effective for schools and support agencies because it reduces duplication, improves quality of services, and substitutes prevention for expensive crisis interventions, while ensuring that students are ready to learn when they are in the classroom. (b) Purposes.--It is the purpose of this Act to establish a program of grants to local education agencies to improve students' educational performances by-- (1) removing barriers to their learning; (2) coordinating and enhancing the effectiveness of support services; (3) making support services available, affordable, and convenient for those who need them; (4) replicating and disseminating successful high quality coordinated service programs; (5) increasing parental involvement in education; (6) improving the capacity of school and support service personnel to collaborate; (7) integrating services, regulations, data bases, eligibility procedures and funding sources whenever possible; and (8) focusing school and community resources on prevention and early intervention strategies to address student needs and to ensure that students are ready to learn when they are in the classroom. SEC. 3. GRANT AUTHORIZATION. The Secretary of Education is authorized to make development and implementation grants to local education agencies to develop and implement coordinated service programs. SEC. 4. DEVELOPMENT GRANTS. (a) Eligibility.--To be eligible to receive a grant under this section, a local educational agency shall-- (1) plan to collaborate with health and social service agencies to develop a program of school-linked integrated service for children and families on or near a school site; or (2) offer some coordinated services, but be able to demonstrate a need for the expansion of services. (b) Duration.--Grants under this section may be for up to 3 years duration, subject to providing the Secretary with annual evidence of satisfactory progress towards the achievement of a plan for a self- sufficient coordinated service program. (c) Applications.--A local educational agency that wishes to receive a grant under this section shall submit an application which identifies-- (1) the need for coordinated services among all or some of the students of a local educational agency; (2) the proposed membership of a collaborative which will be formed to achieve broad-based coordinated services, including representatives from the appropriate levels of all sectors and services necessary to achieve broad-based coordinated services, including representatives of children and families; (3) the objectives of the collaboration; and (4) performance measurements. (d) Use of Funds.--Grants awarded under this section shall be used to-- (1) plan and hold regular meetings of the collaborative; (2) identify barriers to learning experienced by students in the local educational agency that stem from factors external to the public school system, including poor health, physical and sexual abuse, poor nutrition, inadequate housing, lack of appropriate childcare and lack of appropriate preschool and before and after school care; (3) assess the availability of currently existing social service programs which could help to alleviate these barriers; (4) assess the availability of local, State and private funds, the redirection of existing funds and the use of in-kind services; (5) assess the feasibility of a sliding scale fee for services that will be delivered; and (6) develop an interagency service delivery plan that identifies-- (A) the priorities of the service providers and the community; (B) the availability and use of adequate staff and physical resources; (C) a plan to coordinate Federal, State and local regulations, eligibility requirements and application procedures; (D) how coordinated services will be delivered, including a case management system; and (E) a plan to become self-sufficient, without using funds authorized under this Act, not later than 2 years after implementation. SEC. 5. IMPLEMENTATION GRANTS. (a) Eligibility.--A local educational agency that desires to receive a grant under this section shall have an interagency service delivery plan that has been approved by the Secretary of Education. (b) Duration.--Grants under this section may not exceed a 2-year period. (c) Applications.--To be eligible to receive a grant under this section, a local educational agency shall submit an application which-- (1) identifies barriers to learning experienced by students in the local educational agency that stem from factors external to the public school system, including poor health, evidence of physical or sexual abuse, poor nutrition, inadequate housing, lack of appropriate childcare and lack of appropriate preschool and before and after school care; (2) identifies existing social service programs; (3) identifies the participants in the delivery of coordinated services, including community and parent involvement; (4) includes an interagency service delivery plan which includes the priorities of the service providers and the community; (5) includes an interagency agreement signed by key parties within the collaborative, partnership schools and agencies that detail what will be done, by whom and when; (6) makes assurances that Federal funds will be used for not more than 50 percent of the costs of this project after the first year, with a commitment of matching funds from other agencies or private sources, including the redirection of existing funds and the use of in-kind services which will fully support the project after the second year; (7) identifies how the coordinated service program will be staffed, including the case of a coordinator and including a plan for interagency staff training and development; (8) identifies where the coordinated service program will be located; (9) identifies how Federal, State, and local regulations, eligibility requirements and application procedures have been coordinated; (10) utilizes a case management system; and (11) sets sliding scale service fees, if feasible. (d) Use of Funds.--Grants awarded under this section may be used-- (1) to locate and obtain commitments from funding sources other than the Federal Government when this grant ends; (2) to improve interagency communications and information- sharing, including developing telecommunications networks, software development, data base integration and management, and other applications of technology that improve coordination of service; (3) to support colocation of interagency service delivery programs in schools or other sites close to schools, including rental or lease payments, open and lock-up fees or maintenance and security costs necessary for the delivery of services to students; (4) for staff development, including in-service and cross- agency training, for the interagency service delivery team, including school staff; (5) to research and tabulate figures which demonstrate the success of a coordinated services program, including improved outcome for children and families in terms of taxpayers dollars saved; and (6) to support dissemination and replication of successful programs to other areas within a local educational agency. SEC. 6. TARGET POPULATIONS. (a) Eligible Schools, Grades, and Areas.--An eligible local educational agency may select a school or program area for coordinated services if the project design is of adequate size, scope, and quality to achieve projected outcomes. (b) Eligible Students.--Programs and services shall be made available to all children and families in the area to be served and shall, when appropriate, be paid on a sliding scale. SEC. 7. SPECIAL CONSIDERATION. In making awards under this Act, the Secretary shall give special consideration to-- (1) the geographic distribution of awards, including urban, suburban, and rural districts; (2) districts with concentrated pockets of educationally at-risk students; (3) local educational agencies with high proportions of educationally at-risk students; and (4) areas with a large number of single parent or two- parent, working families. SEC. 8. AUTHORIZATION. There are authorized to be appropriated to carry out the provisions of this Act for fiscal year 1994, $300,000,000 of which $200,000,000 shall be allocated for development grants and $100,000,000 shall be allocated for implementation grants, and such sums as may be necessary for each of the fiscal years 1995 through 2000.

Coordinate to Educate Act - Authorizes the Secretary of Education to make grants to local educational agencies to develop and implement coordinated services programs. Requires special consideration to be given to: (1) geographic distribution of awards, including urban, suburban, and rural districts; (2) districts with concentrated pockets of educationally at-risk students; (3) local educational agencies with high proportions of educationally at-risk students; and (4) areas with a large number of single parent or two-parent, working families. Authorizes appropriations.

Coordinate to Educate Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable Housing Credit Improvement Act of 2016''. SEC. 2. INCREASES IN STATE ALLOCATIONS. (a) Phase-In of Increases.-- (1) In general.--Clause (ii) of section 42(h)(3)(C) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``$1.75'' in subclause (I) and inserting ``the per capita dollar amount'', and (B) by striking ``$2,000,000'' in subclause (II) and inserting ``the minimum ceiling amount''. (2) Per capita dollar amount; minimum ceiling amount.-- Subparagraph (I) of section 42(h)(3) of such Code is amended to read as follows: ``(I) Per capita dollar amount; minimum ceiling amount.--For purposes of this paragraph-- ``(i) Per capita dollar amount.--The per capita dollar amount is-- ``(I) for calendar year 2016, $2.35, ``(II) for calendar year 2017, $2.59, ``(III) for calendar year 2018, $2.82, ``(IV) for calendar year 2019, $3.06, ``(V) for calendar year 2020, $3.29, and ``(VI) $3.53 thereafter. ``(ii) Minimum ceiling amount.--The minimum ceiling amount is-- ``(I) for calendar year 2016, $2,690,000, ``(II) for calendar year 2017, $2,959,000, ``(III) for calendar year 2018, $3,228,000, ``(IV) for calendar year 2019, $3,497,000, ``(V) for calendar year 2020, $3,766,000, and ``(VI) $4,035,000 thereafter.''. (3) Modification of cost-of-living adjustment.-- Subparagraph (H) of section 42(h)(3) of such Code is amended-- (A) by striking ``2002'' in clause (i) and inserting ``2016'', (B) by striking ``the $2,000,000 and $1.75 amounts in subparagraph (C)'' in clause (i) and inserting ``the dollar amounts applicable to such calendar year under clauses (i) and (ii) of subparagraph (I)'', (C) by striking ``2001'' in clause (i)(II) and inserting ``2015'', (D) by striking ``$2,000,000'' in clause (ii)(I) and inserting ``minimum ceiling'', and (E) by striking ``$1.75'' in clause (ii)(II) and inserting ``per capita dollar''. (4) Effective date.--The amendments made by this subsection shall apply to calendar years beginning after December 31, 2016. (b) Permanent Increases.-- (1) In general.--Clause (ii) of section 42(h)(3)(C) of the Internal Revenue Code of 1986, as amended by subsection (a)(1), is amended-- (A) by striking ``the per capita dollar amount'' in subclause (I) and inserting ``$3.53'', and (B) by striking ``the minimum ceiling amount'' in subclause (II) and inserting ``$4,035,000''. (2) Conforming amendment.--Paragraph (3) of section 42(h) of such Code is amended by striking subparagraph (I), as amended by subsection (a)(2). (3) Cost-of-living adjustment.--Subparagraph (H) of section 42(h)(3) of such Code, as amended by subsection (a)(3), is amended-- (A) by striking ``the dollar amounts applicable to such calendar year under clauses (i) and (ii) of subparagraph (I)'' in clause (i) and inserting ``the $4,035,000 and $3.53 amounts in subparagraph (C)'', (B) by striking ``minimum ceiling'' in clause (ii)(I) and inserting ``$4,035,000'', and (C) by striking ``per capita dollar'' in clause (ii)(II) and inserting ``$3.53''. (4) Effective date.--The amendments made by this subsection shall apply to calendar years beginning after December 31, 2021. SEC. 3. AVERAGE INCOME TEST. (a) In General.--Paragraph (1) of section 42(g) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``subparagraph (A) or (B)'' and inserting ``subparagraph (A), (B), or (C)'', and (2) by inserting after subparagraph (B) the following new subparagraph: ``(C) Average income test.-- ``(i) In general.--The project meets the minimum requirements of this subparagraph if 40 percent or more (25 percent or more in the case of a project described in section 142(d)(6)) of the residential units in such project are both rent-restricted and occupied by individuals whose income does not exceed the imputed income limitation designated by the taxpayer with respect to the respective unit. ``(ii) Special rules relating to income limitation.--For purposes of clause (i)-- ``(I) Designation.--The taxpayer shall designate the imputed income limitation of each unit taken into account under such clause. ``(II) Average test.--The average of the imputed income limitations designated under subclause (I) shall not exceed 60 percent of area median gross income. ``(III) 10-percent increments.--The designated imputed income limitation of any unit under subclause (I) shall be 20 percent, 30 percent, 40 percent, 50 percent, 60 percent, 70 percent, or 80 percent of area median gross income.''. (b) Conforming Amendments.--Subparagraph (C) of section 42(g)(2) of the Internal Revenue Code of 1986 is amended-- (1) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and by moving such subclauses 2 ems to the right, (2) by moving the flush language 2 ems to the right, (3) by striking ``For purposes of this paragraph, the'' and inserting ``For purposes of this paragraph-- ``(i) General rule.--Except as provided in clause (ii), the'', and (4) by adding at the end the following new clause: ``(ii) Special rule for average income test.--In the case of a project with respect to which the taxpayer elects the requirements of subparagraph (C) of paragraph (1), the imputed income limitation applicable to a unit is the imputed income limitation designated with respect to such unit under paragraph (1)(C)(ii)(I).''. (c) Effective Date.--The amendments made by this section shall apply to elections made under section 42(g)(1) of the Internal Revenue Code of 1986 after the date of the enactment of this Act. SEC. 4. MINIMUM CREDIT RATE. (a) In General.--Subsection (b) of section 42 of the Internal Revenue Code of 1986 is amended-- (1) by redesignating paragraph (3) as paragraph (4), and (2) by inserting after paragraph (2) the following new paragraph: ``(3) Minimum credit rate.--In the case of any new or existing building to which paragraph (2) does not apply and which is placed in service by the taxpayer after December 31, 2015, the applicable percentage shall not be less than 4 percent.''. (b) Effective Date.--The amendments made by this section shall apply to buildings placed in service after December 31, 2015.

Affordable Housing Credit Improvement Act of 2016 This bill amends the Internal Revenue Code, with respect to the low-income housing tax credit, to: (1) expand the credit by increasing the state housing credit ceiling, (2) modify the cost-of-living adjustment required for the state housing credit ceiling, (3) establish a new average income test which may be used to determine if a low-income housing project qualifies for the credit, and (4) establish a minimum credit rate of 4% for certain new or existing buildings.

Affordable Housing Credit Improvement Act of 2016

SECTION 1. FINDINGS; PURPOSE. (a) Findings.--Congress makes the following findings: (1) According to the most recent United States Census, employer-based health insurance is the largest source of health insurance coverage in the United States. Of those employed, 70 percent receive employment-based health insurance. Of unemployed Americans, 30 percent receive employer-sponsored health insurance. (2) Despite the large percentages of coverage, as health care costs climb, the percentage of Americans who receive health insurance through employers has fallen significantly over the last decade--from 70 percent nationwide in 2000 to 60 percent in 2011, according to a report by the Robert Wood Johnson Foundation. (3) According to recent surveys done by the National Business Group on Health and the Kaiser Family Foundation, most companies continue to provide health insurance for employees and wish to continue doing so into the future. (4) Employers who offer insurance will not contribute additional risk to the health insurance exchanges established in the Patient Protection and Affordable Care Act (in this Act referred to as ``PPACA''). (5) The transitional reinsurance program, established in section 1341 of PPACA, is intended to stabilize risk in the individual health insurance market during the first three years of the health insurance exchanges, as established by that Act. (6) PPACA also requires that the Treasury collect a fee for each employer-sponsored covered life in order to pay for the transitional reinsurance program. (7) This fee is a disincentive for employers to continue offering coverage to all employees, and does not give employers any benefits of the transitional reinsurance program. (b) Purpose.--It is the purpose of this Act to remove the current funding mechanism for the transitional reinsurance program. Employer- sponsored insurance should be supported so that Americans can sustain quality health coverage. SEC. 2. CHANGES IN FUNDING FOR TRANSITIONAL REINSURANCE PROGRAM IN THE INDIVIDUAL MARKET. Section 1341(b) of the Patient Protection and Affordable Care Act (Public Law 111-148; 42 U.S.C. 18061(b)) is amended-- (1) in paragraph (1), by striking ``3-year period'' and inserting ``1-year period'' each place it appears; (2) in paragraph (3)(A), by striking ``36-month period'' and inserting ``12-month period''; (3) in paragraph (3)(B)(iii), by striking ``, $6,000,000,000 for plan years beginning 2015, and $4,000,000,000 for plan years beginning in 2016''; (4) in paragraph (3)(B)(iv), by striking ``, an additional $2,000,000,000 for 2015, and an additional $1,000,000,000 for 2016''; (5) in paragraph (4)(A), by striking ``used in any of the three calendar years for which amounts are collected based on the reinsurance needs of a particular period or to reflect experience in a prior period'' and inserting ``only used with respect to the calendar year for which amounts are collected based on the reinsurance needs for that year, as determined by the Secretary''; (6) in paragraph (4), by amending subparagraph (B) to read as follows: ``(B) amounts remaining unexpended as of December, 31, 2015, shall be deposited into the general fund of the Treasury of the United States.''; and (7) by adding at the end the following new paragraphs: ``(5) Availability of funding for states for 2015 and 2016.-- ``(A) Authorization of appropriations; payment formula.--There are hereby authorized to be appropriated, based on the best estimates of the NAIC, $6,000,000,000 for plan years beginning in 2015 and $4,000,000,000 for plan years beginning in 2016 to make reinsurance payments to health insurance issuers that cover high-risk individuals in the individual market (excluding grandfathered health plans) that insure high-risk individuals consistent with this paragraph. ``(B) Fund availability.--The amounts appropriated under subparagraph (A) for plans years beginning in a calendar year shall be allocated among States and only used with respect to the calendar year for which amounts are collected based on the reinsurance needs for that particular year, as determined by the Secretary and the amounts remaining unexpended as of December 31 of the following year shall be deposited into the general fund of the Treasury of the United States. ``(6) GAO audit of use of 2014 funds.--The Comptroller General of the United States shall provide for an audit of expenditures made under this subsection with respect plans years beginning during 2014. Such audit shall include a determination of the number of claims submitted by health insurance issuers, the amount of such claims, a comparison of the amount of such claims and the amounts collected to cover such claims, and the amount of reinsurance payments made under this section to health insurance issuers. The Comptroller General shall submit a report on such audit to Congress not later than 3 months after the last date that such reinsurance payments are made, but not later than July 1, 2016.''.

This bill amends the Patient Protection and Affordable Care Act to eliminate the funding mechanism for the transitional reinsurance program. Currently, issuers of individual, group, and self-funded plans are required to pay a fee in 2014, 2015, and 2016 to fund the three-year transitional reinsurance program. Under the transitional reinsurance program, non-grandfathered individual market plans that enroll high-cost individuals are eligible for reinsurance payments. This bill eliminates the requirement for issuers to pay a fee in 2015 and 2016. Instead, it authorizes appropriations for the program. This bill also requires the Government Accountability Office to audit 2014 expenditures under the transitional reinsurance program.

To amend section 1341 of the Patient Protection and Affordable Care Act to repeal the funding mechanism for the transitional reinsurance program in the individual market, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Multifamily Housing Energy Efficiency Improvement Act of 2014''. SEC. 2. STUDY OF RELATIONSHIP BETWEEN ENERGY SAVINGS IMPROVEMENTS AND MORTGAGE PERFORMANCE. (a) Study.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Housing and Urban Development, in coordination with the Director of the Federal Housing Finance Agency and in consultation with the Secretary of Energy, shall commence a study to analyze the relationship between energy savings improvements to homes and buildings, utility and energy expenses, and mortgage performance, which shall include an analysis of-- (1) the likely increase in value of homes or buildings from energy savings improvements; (2) the effect of energy savings improvements on mortgage default rates; and (3) the risks of financing energy savings improvements through property assessments and the risks associated with providing energy efficiency products with senior liens on buildings or homes. (b) Protection of Information.--In conducting the study required under subsection (a), the Secretary shall ensure that data shared with any third-party or published does not contain any personally identifiable information. (c) Publication.--Not later than one year after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall-- (1) publish the results of the study required under subsection (a) on the publicly available website of the Department of Housing and Urban Development; and (2) submit a report regarding the results of the study required under subsection (a) to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. (d) Evaluation.--Not later than 12 months after the completion of the study required by subsection (a), the Secretary and the Director of the Federal Housing Finance Agency shall evaluate departmental procedures and policies to assess if they accurately reflect the energy expenses and benefits of energy savings improvements for homeowners and building owners. SEC. 3. IMPROVEMENTS TO EXISTING MULTIFAMILY HOUSING ENERGY EFFICIENCY PROGRAMS. (a) Green Refinancing.--Section 223 of the National Housing Act (12 U.S.C. 1715n) is amended by adding at the end the following new subsection: ``(h) Green Refinancing.--The Secretary shall, by regulation, establish a green refinancing program for multifamily housing projects insured under subsection (f) under which any dollar amount limitations which would otherwise apply with respect to a project may be increased by up to 20 percent for the cost of residential energy conservation measures for the project, but the Secretary shall only insure residential energy conservation measures pursuant to this subsection if the Secretary verifies that-- ``(1) a third-party assessment procured by the lender or borrower has been conducted of the project's physical needs, including an energy audit and identification of cost-effective opportunities for increasing energy and water efficiency and achieving a reduction in energy and water costs, and such assessment indicates that such energy conservation measures will be cost-effective over the life of the conservation measure; and ``(2) such energy conservation measures will be verified and monitored over the life of the mortgage, using such method as the Secretary determines appropriate. For purposes of this subsection, the term `energy conservation measure' has the meaning given such term in section 221(k)(3) (12 U.S.C. 1715l(k)(3)).''. (b) Verification of Cost-Effectiveness of Residential Energy Conservation Measures.--Subsection (k) of section 221 of the National Housing Act (12 U.S.C. 1715l(k)) is amended-- (1) by striking ``and will be cost-effective over the life of the measure''; (2) by striking ``(k) With respect to any project'' and inserting the following: ``(k) Financing of Solar Energy Systems and Residential Energy Conservation Measures.-- ``(1) Authority.--Subject to paragraph (2), with respect to any project''; and (3) by adding at the end the following new paragraphs: ``(2) Verification regarding residential energy conservation measures.--The Secretary may increase the dollar amount limitations pursuant to paragraph (1) with respect to a project due to residential energy conservation measures for the project only if the Secretary-- ``(A) verifies that in the case of a mortgage insured under this section financing new construction of the project, such measures will be cost-effective over the life of the measures; ``(B) in the case of a mortgage insured under this section financing repair and rehabilitation of the project, verifies that a third-party assessment procured by the lender or borrower has been conducted of the project's physical needs, including an energy audit and identification of cost-effective opportunities for increasing energy and water efficiency and achieving a reduction in energy and water costs, and such assessment indicates that the energy conservation measures to be installed will be cost-effective over the life of the measures; and ``(C) ensures that the project is provided information that will enable the project to verify and monitor the energy savings achieved by the energy conservation measures on a voluntary basis. ``(3) Definition of energy conservation measure.--For purposes of this subsection, the term `energy conservation measure' means, with respect to a project, any measure that will result in a reduction in energy, water, or gas consumption for the project.''. (c) Implementation.-- (1) Guidance.--The Secretary of Housing and Urban Development shall issue guidance to implement the amendments made by this section not later than the expiration of the 12- month period beginning on the date of the enactment of this Act. (2) Annual report on energy efficiency improvements.--The Secretary of Housing and Urban Development shall, on an annual basis, make available on a publicly available website of the Department a report describing the implementation of the amendments made by this section and the programs for financing residential energy conservation measures under sections 221(k) and 223(h) of the National Housing Act (12 U.S.C. 1715l(k), 1715n(h)) as amended by such amendments. SEC. 4. MULTIFAMILY HOUSING ENERGY EFFICIENCY INNOVATION. (a) Multifamily Housing Energy Innovation Plan.--The Secretary of Housing and Urban Development shall carry out a program to be known as the Multifamily Housing Energy Innovation Plan to make grants to eligible entities to establish or expand an energy savings plan that uses innovative approaches to reduce energy, water, and/or gas consumption in multifamily housing. (b) Submission and Selection of Multifamily Housing Energy Innovation Plans.-- (1) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, which shall include-- (A) a description of the energy savings plan established or expanded using amounts from a grant under this section that includes goals of the plan, use of grant funds, and the anticipated outcome of the plan; (B) the amount of grant funds needed for such plan and the amount and sources of other funding, including matching funds required under subsection (d)(1); and (C) a description of how implementing such plan will comply with the energy savings requirement under subsection (c)(2). (2) Selection.--The Secretary shall establish criteria for selection of applications submitted under paragraph (1) to receive grants under this section and shall select eligible entities to receive grants based on such criteria. Such criteria shall be based upon-- (A) the relevant experience and capacity of the eligible entity to carry out the energy savings plan to be assisted with grant amounts and to achieve the stated goals of such plan; (B) the extent to which such plan provides an innovative approach to reducing energy consumption in multifamily housing; (C) the ability of such plan to be replicated by others; and (D) such other factors as the Secretary determines to be appropriate. (3) Priority.--In awarding grants under this section, the Secretary shall give priority to applications based on-- (A) the extent of funding for the energy savings plan secured by the eligible entity from private, nonprofit, or government sources in addition to the matching funds required under subsection (d)(1); (B) the extent of the proposed benefit of the energy savings plan to low-income families; and (C) the extent to which the energy savings plan would reduce budgetary expenses for the Department of Housing and Urban Development. (c) Use of Grant Funds.-- (1) Eligible energy savings plans.--Amounts from grants under this section may be used only for energy savings plans that-- (A) are financing demonstrations for multifamily housing, including for financing through credit enhancements, revolving loan funds, loan loss reserves, interest rate subsidies, loan insurance, or other financing methods approved by the Secretary; (B) create green jobs, including in the fields of construction, property management, and technical analysis, that directly promote the adoption of energy savings measures in multifamily housing, including energy savings plans that create green jobs for low- income families; (C) acquire and analyze data on the costs, benefits, challenges, and opportunities associated with retrofitting multifamily housing for energy efficiency; or (D) research and implement a demonstration project that-- (i) creates retrofit or repair strategies that use readily available technologies to reduce or increase the efficiency of energy, water, and gas consumption that are not typically used for multifamily housing; (ii) addresses the split incentive problem, including implementing changes to methods for utility metering in multifamily housing; (iii) creates a system for benchmarking, tracking, and sharing energy consumption statistics for multifamily housing; or (iv) achieves another goal as approved by the Secretary. (2) Energy savings requirement.--Amounts from a grant under this section may be used only to carry out an energy savings plan described in paragraph (1) that will result in at least a 20-percent reduction in the energy, water, or gas consumption of multifamily housing and a description of the methodology to be used to compute the reduction in energy consumption. (d) Other Requirements.-- (1) Matching funds.--An eligible entity that receives a grant under this section shall contribute towards the energy savings plan amounts from private, nonprofit, or government sources that are not less than the amount of the grant. (2) Duration.--Grants shall be awarded for a period not to exceed 24 months. (3) Eligible entity report.--Not later than 12 months after the date on which the grant period of an eligible entity that received a grant under this section ends, each such eligible entity shall submit to the Secretary a report on the performance of energy savings plans carried out pursuant to this section that shall contain such information as the Secretary shall require. (e) Definitions.--In this section the following definitions shall apply: (1) Eligible entity.--The term ``eligible entity'' means a partnership between 2 or more of the following entities: (A) A State or unit of local government. (B) A provider of utility services. (C) A community housing development organization as defined in section 104 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704). (D) A public housing agency as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (E) A non-profit or for-profit entity whose primary business is management of multifamily housing. (2) Energy savings plan.--The term ``energy savings plan'' means a program, project, or activity for energy savings or water and gas efficiency in multifamily housing. (3) Low-income families.--The term ``low-income families'' has the meaning given that term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (4) Multifamily housing.--The term ``multifamily housing'' means a residence consisting of 5 or more dwelling units. (5) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (6) Split incentive problem.--The term ``split incentive problem'' means, with respect to multifamily housing, a situation in which-- (A) the occupant of a dwelling unit in the housing does not pay for energy, water, or gas consumption for such unit and is not incentivized to implement an energy savings measure; or (B) the owner does not pay for energy, water, or gas consumption for dwelling units in the housing and is not incentivized to implement an energy savings measure. (7) State.--The term ``State'' means each of the several States, the District of Columbia, and any territory or possession of the United States. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $25,000,000 for fiscal year 2015, $20,000,000 for fiscal year 2016, $15,000,000 for fiscal year 2017, and $10,000,000 for fiscal year 2018 to carry out this section. SEC. 5. GREEN PRESERVATION EXPANSION. During the 5-year period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development may waive any statutory or regulatory requirement regarding the eligibility of multifamily properties for an existing risk-sharing agreement entered into under section 542 of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-22), but only if such waiver facilitates the adoption of energy or water conservation measures in such properties.

Multifamily Housing Energy Efficiency Improvement Act of 2014 - Requires the Department of Housing and Urban Development (HUD) to analyze and report on the relationship between energy savings improvements to homes and buildings, utility and energy expenses, and mortgage performance. Directs HUD to make the results of the analysis publicly available. Requires HUD and the Federal Housing Finance Agency to evaluate departmental procedures and policies to assess if they accurately reflect the energy expenses and benefits of energy savings improvements for homeowners and building owners. Amends the National Housing Act to revise provisions concerning mortgage insurance by establishing a green refinancing program for multifamily housing projects to increase the amount of mortgage loans that may be insured to finance the cost of residential energy conservation measures. Requires HUD to carry out a Multifamily Housing Energy Innovation Plan to make grants to establish or expand an energy savings plan that will result in at least a 20% reduction in the energy, water, or gas consumption of multifamily housing. Authorizes HUD to waive during the next five years any requirement regarding the eligibility of multifamily properties for an existing risk-sharing agreement entered into under multifamily mortgage credit programs, if the waiver facilitates the adoption of energy or water conservation measures in the properties.

Multifamily Housing Energy Efficiency Improvement Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Border States Council Act''. SEC. 2. ESTABLISHMENT OF COUNCIL. (a) Establishment.--There is established a council to be known as the Northern Border States-Canada Trade Council (hereafter in this Act referred to as the ``Council''). (b) Membership.-- (1) Composition.--The Council shall be composed of 24 members consisting of 2 members from each of the following States: (A) Maine. (B) New Hampshire. (C) Vermont. (D) New York. (E) Michigan. (F) Minnesota. (G) Wisconsin. (H) North Dakota. (I) Montana. (J) Idaho. (K) Washington. (L) Alaska. (2) Appointment by state governors.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Commerce (hereafter in this Act referred to as the ``Secretary'') shall appoint two members from each of the States described in paragraph (1) to serve on the Council. The appointments shall be made from a list of nominees submitted by the Governor of each such State. (c) Period of Appointment; Vacancies.--Members shall be appointed for terms that are coterminous with the term of the Governor of the State who nominated the member. Any vacancy in the Council shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--Not later than 30 days after the date on which all members of the Council have been appointed, the Council shall hold its first meeting. (e) Meetings.--The Council shall meet at the call of the Chairperson. (f) Quorum.--A majority of the members of the Council shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairperson and Vice Chairperson.--The Council shall select a Chairperson and Vice Chairperson from among its members. The Chairperson and Vice Chairperson shall each serve in their respective positions for a period of 2 years, unless such member's term is terminated before the end of the 2-year period. SEC. 3. DUTIES OF THE COUNCIL. (a) In General.--The duties and responsibilities of the Council shall include-- (1) advising the President, the Congress, the United States Trade Representative, the Secretary, and other appropriate Federal and State officials, with respect to-- (A) the development and administration of United States-Canada trade policies, practices, and relations, (B) taxation and regulation of cross-border wholesale and retail trade in goods and services between the United States and Canada, (C) taxation, regulation, and subsidization of agricultural products, energy products, and forest products, and (D) the potential for any United States or Canadian customs or immigration law or policy to result in a barrier to trade between the United States and Canada, (2) monitoring the nature and cause of trade issues and disputes that involve one of the Council-member States and either the Canadian Government or one of the provincial governments of Canada; and (3) if the Council determines that a Council-member State is involved in a trade issue or dispute with the Government of Canada or one of the provincial governments of Canada, making recommendations to the President, the Congress, the United States Trade Representative, and the Secretary concerning how to resolve the issue or dispute. (b) Response to Requests by Certain People.-- (1) In general.--Upon the request of the United States Trade Representative, the Secretary, a Member of Congress who represents a Council-member State, or the Governor of a Council-member State, the Council shall review and comment on-- (A) reports of the Federal Government and reports of a Council-member State government concerning United States-Canada trade, (B) reports of a binational panel or review established pursuant to chapter 19 of the North American Free Trade Agreement concerning the settlement of a dispute between the United States and Canada, (C) reports of an arbitral panel established pursuant to chapter 20 of the North American Free Trade Agreement concerning the settlement of a dispute between the United States and Canada, and (D) reports of a panel or Appellate Body established pursuant to the General Agreement on Tariffs and Trade concerning the settlement of a dispute between the United States and Canada. (2) Determination of scope.--Among other issues, the Council shall determine whether a trade dispute between the United States and Canada is the result of action or inaction on the part of the Federal Government of Canada or a provincial government of Canada. (c) Council-Member State.--For purposes of this section, the term ``Council-member State'' means a State described in section 2(b)(1) which is represented on the Council established under section 2(a). SEC. 4. REPORT TO CONGRESS. Not later than 2 years after the date of the enactment of this Act and at the end of each 2-year period thereafter, the Council shall submit a report to the President and the Congress which contains a detailed statement of the findings, conclusions, and recommendations of the Council. SEC. 5. POWERS OF THE COUNCIL. (a) Hearings.--The Council may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Council considers advisable to carry out the provisions of this Act. Notice of Council hearings shall be published in the Federal Register in a timely manner. (b) Information From Federal Agencies.--The Council may secure directly from any Federal department or agency such information as the Council considers necessary to carry out the provisions of this Act. Upon the request of the Chairperson of the Council, the head of such department or agency shall furnish such information to the Council. (c) Postal Services.--The Council may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts.--The Council may accept, use, and dispose of gifts or donations of services or property. SEC. 6. COUNCIL PERSONNEL MATTERS. (a) Members To Serve Without Compensation.--Except as provided in subsection (b), members of the Council shall receive no compensation, allowances, or benefits by reason of service to the Council. (b) Travel Expenses.--The members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council. (c) Staff.-- (1) In general.--The Chairperson of the Council may, without regard to the civil service laws, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Council to perform its duties. The employment of an executive director shall be subject to confirmation by the Council and the Secretary. (2) Compensation.--The Chairperson of the Council may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Council without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Council may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (f) Office Space.--The Secretary shall provide office space for Council activities and for Council personnel. SEC. 7. TERMINATION OF THE COUNCIL. The Council shall terminate on the date that is 54 months after the date of the enactment of this Act and shall submit a final report to the President and the Congress under section 4 at least 90 days before such termination. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated from amounts made available by appropriations to the Department of Commerce an amount not to exceed $250,000 for fiscal year 1996 and for each fiscal year thereafter to the Council to carry out the provisions of this Act. (b) Availability.--Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

Northern Border States Council Act - Establishes the Northern Border States-Canada Trade Council. Sets forth the duties of the Council, including: (1) advising the President, the Congress, the United States Trade Representative, the Secretary of Commerce, and other appropriate Federal and State officials with respect to the administration of U.S.-Canada trade policies, taxation of trade in goods and services, and customs and immigration matters; (2) monitoring trade issues and disputes that involve one of the Council-member States and either the Canadian Government or one of Canada's provinces; and (3) making recommendations with respect to such disputes. Authorizes appropriations.

Northern Border States Council Act

SECTION 1. UNITED STATES PENSION PLANS. (a) Findings.--Congress finds the following: (1) The United States and the international community face no greater threat to their security than the prospect of rogue regimes who support international terrorism obtaining weapons of mass destruction, and particularly nuclear weapons. (2) Iran is the leading state sponsor of international terrorism and is close to achieving nuclear weapons capability but has paid no price for nearly twenty years of deception over its nuclear program. Foreign entities that have invested in Iran's energy sector, despite Iran's support of international terrorism and its nuclear program, have afforded Iran a free pass while many United States entities have unknowingly invested in those same foreign entities. (3) United States investors have a great deal at stake in preventing Iran from acquiring nuclear weapons. (4) United States investors can have considerable influence over the commercial decisions of the foreign entities in which they have invested. (b) Publication in Federal Register.--Not later than six months after the date of the enactment of this Act and every six months thereafter, the President shall ensure publication in the Federal Register of a list of all United States and foreign entities that have invested more than $20,000,000 in Iran's energy sector between August 5, 1996, and the date of such publication. Such list shall include an itemization of individual investments of each such entity, including the dollar value, intended purpose, and current status of each such investment. (c) Sense of Congress Relating to Divestiture From Iran.--It is the sense of Congress that, upon publication of a list in the relevant Federal Register under subsection (b), managers of United States Government pension plans or thrift savings plans, managers of pension plans maintained in the private sector by plan sponsors in the United States, and managers of mutual funds sold or distributed in the United States should immediately initiate efforts to divest all investments of such plans or funds in any entity included on the list. (d) Sense of Congress Relating to Prohibition on Future Investment.--It is the sense of Congress that, upon publication of a list in the relevant Federal Register under subsection (b), there should be no future investment in any entity included on the list by managers of United States Government pension plans or thrift savings plans, managers of pension plans maintained in the private sector by plan sponsors in the United States, and managers of mutual funds sold or distributed in the United States. (e) Disclosure to Investors.-- (1) In general.--Not later than 30 days after the date of publication of a list in the relevant Federal Register under subsection (b), managers of United States Government pension plans or thrift savings plans, managers of pension plans maintained in the private sector by plan sponsors in the United States, and managers of mutual funds sold or distributed in the United States shall notify investors that the funds of such investors are invested in an entity included on the list. Such notification shall contain the following information: (A) The name or other identification of the entity. (B) The amount of the investment in the entity. (C) The potential liability to the entity if sanctions are imposed by the United States on Iran or on the entity. (D) The potential liability to investors if such sanctions are imposed. (2) Follow-up notification.-- (A) In general.--Except as provided in subparagraph (C), in addition to the notification required under paragraph (1), such managers shall also include such notification in every prospectus and in every regularly provided quarterly, semi-annual, or annual report provided to investors, if the funds of such investors are invested in an entity included on the list. (B) Contents of notification.--The notification described in subparagraph (A) shall be displayed prominently in any such prospectus or report and shall contain the information described in paragraph (1). (C) Good-faith exception.--If, upon publication of a list in the relevant Federal Register under subsection (b), such managers verifiably divest all investments of such plans or funds in any entity included on the list and such managers do not initiate any new investment in any other such entity, such managers shall not be required to include the notification described in subparagraph (A) in any prospectus or report provided to investors. SEC. 2. REPORT BY OFFICE OF GLOBAL SECURITY RISKS. Not later than 30 days after the date of publication of a list in the relevant Federal Register under section 206(b), the Office of Global Security Risks within the Division of Corporation Finance of the United States Securities and Exchange Commission shall issue a report containing a list of the United States and foreign entities identified in accordance with such section, a determination of whether or not the operations in Iran of any such entity constitute a political, economic, or other risk to the United States, and a determination of whether or not the entity faces United States litigation, sanctions, or similar circumstances that are reasonably likely to have a material adverse impact on the financial condition or operations of the entity.

Directs the President to ensure publication in the Federal Register of all U.S. and foreign entities that have invested more than $20 million in Iran's energy sector between August 5, 1996, and the date of such publication. Requires such list to include an itemization of individual investments of each such entity. Expresses the sense of Congress that, upon such publication, managers of federal pension plans or thrift savings plans, managers of pension plans maintained in the private sector by plan sponsors in the United States, and managers of mutual funds sold or distributed in the United States should immediately initiate efforts to divest all investments of such plans or funds in any entity included on the list. Expresses the sense of Congress that, upon such publication, there should be no future investment in any entity included on the list by managers of U.S. Government pension plans or thrift savings plans, managers of pension plans maintained in the private sector by plan sponsors in the United States, and managers of mutual funds sold or distributed in the United States. Requires disclosure to investors that their funds are invested in an entity included on such list. Requires the Office of Global Security Risks to issue a report listing the U.S. and foreign entities identified in accordance with the relevant Federal Register, including a determination of whether or not: (1) their operations in Iran constitute a risk to the United States; and (2) the entity faces U.S. litigation, sanctions, or similar circumstances that are reasonably likely to have a material adverse impact on the financial condition or operations of the entity.

To encourage divestiture of current investments in Iran and discourage future investments in Iran and to require disclosure to investors of information relating to such investments.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jerusalem Embassy Relocation Implementation Act of 1995''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Each sovereign nation, under international law and custom, may designate its own capital. (2) Since 1950, the city of Jerusalem has been the capital of the State of Israel. (3) The city of Jerusalem is the seat of Israel's President, Parliament, and Supreme Court, and the site of numerous government ministries and social and cultural institutions. (4) The city of Jerusalem is the spiritual center of Judaism, and is also considered a holy city by the members of other religious faiths. (5) From 1948-1967, Jerusalem was a divided city and Israeli citizens of all faiths as well as Jewish citizens of all states were denied access to holy sites in the area controlled by Jordan. (6) In 1967, the city of Jerusalem was reunited during the conflict known as the Six Day War. (7) Since 1967, Jerusalem has been a united city administered by Israel, and persons of all religious faiths have been guaranteed full access to holy sites within the city. (8) This year marks the 28th consecutive year that Jerusalem has been administered as a unified city in which the rights of all faiths have been respected and protected. (9) In 1992, the United States Senate and House of Representatives unanimously adopted Senate Concurrent Resolution 113 of the One Hundred Second Congress to commemorate the 25th anniversary of the reunification of Jerusalem, and reaffirming congressional sentiment that Jerusalem must remain an undivided city. (10) The September 13, 1993, Declaration of Principles on Interim Self-Government Arrangements lays out a timetable for the resolution of ``final status'' issues, including Jerusalem. (11) The Agreement on the Gaza Strip and the Jericho Area was signed May 4, 1994, beginning the five-year transitional period laid out in the Declaration of Principles. (12) In March of 1995, 93 members of the United States Senate signed a letter to Secretary of State Warren Christopher encouraging ``planning to begin now'' for relocation of the United States Embassy to the city of Jerusalem. (13) The United States maintains its embassy in the functioning capital of every country except in the case of our democratic friend and strategic ally, the State of Israel. (14) The United States conducts official meetings and other business in the city of Jerusalem in de facto recognition of its status as the capital of Israel. (15) In 1996, the State of Israel will celebrate the 3,000th anniversary of the Jewish presence in Jerusalem since King David's entry. SEC. 3. TIMETABLE. (a) Statement of Policy.--It is the policy of the United States that-- (1) Jerusalem should be recognized as the capital of the State of Israel; (2) groundbreaking for construction of the United States Embassy in Jerusalem should begin no later than December 31, 1996; and (3) the United States Embassy should be officially open in Jerusalem no later than May 31, 1999. (b) Construction Determination.--Not more than 50 percent of the funds appropriated to the Department of State for fiscal year 1997 for ``Acquisition and Maintenance of Buildings Abroad'' may be obligated until the Secretary of State determines and reports to Congress that construction has begun on the site of the United States Embassy in Jerusalem. (c) Opening Determination.--Not more than 50 percent of the funds appropriated to the Department of State for fiscal year 1999 for ``Acquisition and Maintenance of Buildings Abroad'' may be obligated until the Secretary of State determines and reports to Congress that the United States Embassy in Jerusalem has officially opened. SEC. 4. FISCAL YEAR 1995 FUNDING. Of the funds appropriated for fiscal year 1995 for the Department of State and related agencies, not less than $5,000,000 shall be made available until expended for costs associated with relocating the United States Embassy in Israel to Jerusalem, including but not limited to site identification, surveys, and land acquisition. Such funds shall be made available in accordance with the procedures contained in section 34 of the State Department Basic Authorities Act (22 U.S.C. 2706). SEC. 5. FISCAL YEARS 1996 AND 1997 FUNDING. (a) Fiscal Year 1996.--Of the funds authorized to be appropriated for ``Acquisition and Maintenance of Buildings Abroad'' for the Department of State in fiscal year 1996, not less than $25,000,000 shall be made available until expended only for construction and other costs associated with the relocation of the United States Embassy in Israel to the capital of Jerusalem. (b) Fiscal Year 1997.--Of the funds authorized to be appropriated for ``Acquisition and Maintenance of Buildings Abroad'' for the Department of State in fiscal year 1997, not less than $75,000,000 shall be made available until expended only for construction and other costs associated with the relocation of the United States Embassy in Israel to the capital of Jerusalem. SEC. 6. REPORT ON IMPLEMENTATION. Not later than 30 days after the date of enactment of this Act, the Secretary of State shall submit a report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate detailing the Department of State's plan to implement this Act. Such report shall include-- (1) estimated dates of completion for each phase of the relocation of the United States Embassy, including site identification, land acquisition, architectural, engineering and construction surveys, site preparation, and construction; and (2) an estimate of the funding necessary to implement this Act, including all costs associated with relocating the United States Embassy to Jerusalem. SEC. 7. SEMIANNUAL REPORTS. Beginning January 1, 1996, and every six months thereafter, the Secretary of State shall report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on the progress made toward opening the United States Embassy in Jerusalem. SEC. 8. DEFINITION. As used in this Act, the term ``United States Embassy'' means the offices of the United States diplomatic mission and the residence of the United States chief of mission.

Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it is U.S. policy that: (1) Jerusalem should be recognized as the capital of the State of Israel; and (2) construction of the U.S. Embassy in Jerusalem should begin no later than December 31, 1996, and officially open no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1997 and 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the respective fiscal year until the Secretary of State determines, and reports to the Congress, that (for FY 1997) such construction has begun and that (for FY 1999) the Embassy has opened. Limits the availability of specified amounts of such funds in certain fiscal years until they are expended for: (1) costs associated with relocating the U.S. Embassy to Jerusalem; and (2) the costs for its construction. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem.

Jerusalem Embassy Relocation Implementation Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Acquisition Workforce Improvement Act of 2009''. SEC. 2. GOVERNMENT-WIDE ACQUISITION MANAGEMENT FELLOWS PROGRAM. (a) Establishment of Program.-- (1) In general.--The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by adding at the end the following new section: ``SEC. 45. GOVERNMENT-WIDE ACQUISITION MANAGEMENT FELLOWS PROGRAM. ``(a) Establishment of Program.--Not later than 180 days after the date of the enactment of the Acquisition Workforce Improvement Act of 2009, the Administrator shall establish a government-wide acquisition management fellows program (in this section referred to as the `program') for the purpose of investing in the long-term improvement and sustained excellence of the Federal acquisition workforce. ``(b) Objectives.--The objectives of the program shall be as follows: ``(1) To develop a new generation of acquisition leaders with government-wide perspective, skills, and experience. ``(2) To recruit individuals with the outstanding academic merit, ethical value, business acumen, and leadership skills to meet the acquisition needs of the Federal Government. ``(3) To offer, upon completion of the program, opportunities for advancement, competitive compensation, and leadership opportunities at various executive agencies. ``(c) Structure.-- ``(1) Contracts, grants, and cooperative agreements.--The Office of Federal Procurement Policy shall enter into contracts, grants, or cooperative agreements with one or more qualified universities with demonstrated expertise in Federal Government acquisition. ``(2) Training.--The program shall consist of one academic year of full-time, on-campus training followed by two years of on-the-job and part-time training toward a Masters or equivalent graduate degree in related fields. ``(3) Curriculum.--The curriculum of the program shall include the following elements: ``(A) Rotational assignments at three or more executive agencies covering, among other issues, acquisition planning, cost estimation, formation and post-award administration of cost-reimbursement contracts, time-and-materials contracts, indefinite delivery indefinite quantity contracts, and interagency contracts, terminations, and contract close-out. ``(B) All required non-agency-specific training courses necessary for basic contracting officer warrant as established by the Office of Federal Procurement Policy. ``(C) Emphasis on transparency, accountability, and integrity in the public contracting process. ``(D) Other necessary courses and education as required by participating universities. ``(4) Priority for employment.-- ``(A) In general.--The head of each executive agency shall give priority to graduates of the program for purposes of hiring employees in the acquisition field, based on performance during the program and other qualifications, and shall initially appoint such graduates to positions at the GS-12, 13, or 14 levels of the General Schedule, or equivalents. ``(B) Rule of construction.--Nothing in this paragraph shall be construed to authorize any hiring that violates any merit system principle under section 2301 of title 5, United States Code, or conflicts with any right of a preference eligible (as defined under section 2108 of such title). ``(d) Size.--The total number of individuals entering the program each year may not exceed 200. There shall be at least 50 participants in the first year of the program, 100 participants in the second year, and 150 participants thereafter. ``(e) Elements.--In carrying out the program, the Administrator shall-- ``(1) enter into one or more contracts, grants, or cooperative agreements with qualified universities having an expertise in Federal Government acquisition and the resources to administer the program independently; ``(2) be responsible for the management and oversight of the overall program and for placement of individuals upon graduation; ``(3) allow participating universities to select and to remove program participants in accordance with the established academic process for such graduate degree programs; and ``(4) periodically review the career development of the program participants upon placement and make necessary adjustments to the program to ensure the objectives are met. ``(f) Service Agreement.-- ``(1) Commitment for federal service.--A person selected for participation in the program shall commit to employment with the Federal Government in the field of acquisition, following completion of the program, under such terms and conditions as the Administrator considers appropriate to ensure the Federal Government receives proper return on investment. Such employment shall be for a term of not less than one year for each year in the program. ``(2) Reimbursement of funds.--In cases of candidates who do not successfully complete the program or do not fulfill the minimum service requirements, the candidates shall be required to reimburse the Federal Government for funds received under the program. ``(g) OFPP Acquisition Fellows Program Fund.-- ``(1) Establishment.--There is hereby established in the Treasury of the United States a fund to be known as the `OFPP Acquisition Fellows Development Fund' (in this section referred to as the `Fund'). ``(2) Use of funds.--Amounts in the Fund shall be used for-- ``(A) the establishment and operations of the program; ``(B) the award of contracts, grants, or cooperative agreements to cover expenses including-- ``(i) tuition, books, materials, and other academic expenses; ``(ii) room and board of students during the time students are enrolled in the program; ``(iii) expenses for travel as required by the program; ``(iv) stipends; ``(v) planning and administration of the program; and ``(vi) other necessary expenses the Administrator considers necessary. ``(3) Deposits to fund.--The Fund shall consist of amounts appropriated or otherwise made available to the Fund.''. (2) Clerical amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end the following new item: ``Sec. 45. Government-wide acquisition management fellows program.''. (b) Reports.-- (1) Initial report.--Not later than 120 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a preliminary report on the program, including a description of the program and the five-year budget needed to carry out the government-wide acquisition management fellows program established under section 45 of the Office of Federal Procurement Policy Act, as added by subsection (a). (2) Annual report.--Not later than one year after the commencement of the program and annually thereafter, the Administrator shall submit to the appropriate congressional committees a report on the program. The report shall include-- (A) a description of the activities under the program, including the number of individuals who participated in the program and the training provided such individuals under the program; (B) an assessment of the effectiveness of the program in meeting the objectives of the program, including the performance of each university administering the program; and (C) any recommendations for additional legislative or administrative action that the Administrator considers appropriate in light of the program. (3) Appropriate congressional committees defined.--In this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and (B) the Committee on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives. (c) Authorization of Appropriations.--There are authorized to be appropriated for the OFPP Acquisition Fellows Development Fund the following amounts: (1) For fiscal year 2011, $16,000,000. (2) For fiscal year 2012, $32,000,000. (3) For fiscal year 2013, $48,000,000.

Acquisition Workforce Improvement Act of 2009 - Amends the Office of Federal Procurement Policy Act to direct the Administrator of the Office of Federal Procurement Policy (OFPP) to establish a government-wide acquisition management fellows program for the purpose of investing in the long-term improvement and sustained excellence of the federal acquisition workforce. Lists as the program's objectives to: (1) develop a new generation of acquisition leaders with government-wide perspective, skills, and experience; (2) recruit individuals with the outstanding academic merit, ethical value, business acumen, and leadership skills to meet the government's acquisition needs; and (3) offer opportunities for advancement, competitive compensation, and leadership opportunities. Requires the program to consist of one academic year of full-time, on-campus training followed by two years of on-the-job and part-time training toward a Masters or equivalent graduate degree in related fields. Requires persons selected for the program to commit to employment with the government in the field of acquisition following program completion. Requires executive agencies to give priority to program graduates for purposes of hiring employees in the acquisition field. Establishes in the Treasury the OFPP Acquisition Fellows Development Fund to be used for the establishment and operations of the program.

A bill to improve the acquisition workforce through the establishment of an acquisition management fellows program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Solicitation Enhancement Act of 1993''. SEC. 2. SOLICITATION EVALUATION AND AWARD. (a) Solicitation Requirements.--Section 303A of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253a) is amended-- (1) in subsection (b)(1)(A)-- (A) by inserting ``and significant subfactors'' after ``all significant factors''; and (B) by striking ``(including price)'' and inserting ``(including cost or price, cost- or price-related factors, and noncost- or nonprice-related factors)''; (2) in subsection (b)(1)(B) by inserting ``and significant subfactors'' after ``factors''; and (3) by adding at the end the following new subsection: ``(c) In prescribing the evaluation factors to be included in each solicitation for competitive proposals, the head of an agency or his designee shall clearly establish the relative importance assigned to the evaluation factors and significant subfactors, including the quality of the product or services to be provided (including technical capability, management capability, and prior experience of the offeror).''. (b) Evaluation and Award.--Section 303B of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253b) is amended-- (1) in subsection (a) by inserting ``and award a contract'' after ``competitive proposals''; (2) in subsection (c) in the second sentence by inserting ``in accordance with subsection (a)'' after ``shall evaluate the bids''; (3) in subsection (d) by amending paragraph (1) to read as follows: ``(1) The executive agency shall evaluate competitive proposals in accordance with subsection (a) and may award a contract-- ``(A) after discussions with the offerors, if written or oral discussions have been conducted with all responsible offerors who submit proposals within the competitive range; or ``(B) without discussions with the offerors (other than discussions conducted for the purpose of minor clarification), if the solicitation included a statement that an award could be made, without discussions, unless discussions are determined to be necessary.''; and (4) in subsection (d) by striking paragraphs (2) and (3) and by redesignating paragraph (4) as paragraph (2). (c) Application.--(1) Except as provided in paragraph (2), the amendments made by this section shall apply to-- (A) solicitations for sealed bids or competitive proposals issued after the end of the 120-day period beginning on the date of the enactment of this Act; and (B) contracts awarded pursuant to those solicitations. (2) The head of an agency may apply the amendments made by this section to solicitations issued before the end of the period referred to in paragraph (1). The head of the agency shall publish in the Federal Register notice of any such earlier date of application before the beginning of the 10-day period ending on that date. SEC. 3. CONTRACTING FUNCTIONS PERFORMED BY FEDERAL PERSONNEL. (a) Prohibition of Expenditures.--(1) No appropriated funds may be expended by any agency to award a contract for goods or services to which the Federal Property and Administrative Services Act of 1949 applies, unless such agency uses employees who are adequately trained and capable of conducting evaluations and analyses of proposals submitted for such acquisitions. No person who is not an employee may be paid by an agency for services to conduct evaluations or analyses of any aspect of a proposal submitted for an acquisition, unless employees with adequate training and capabilities to perform such evaluations and analyses are not readily available within the agency or any other Federal agency. (2) In the administration of this subsection, the head of each agency shall determine the standards of adequate training and capability of employees to conduct such acquisitions. (b) Delegation of Procurement Authority.--With respect to acquisitions subject to section 111 of the Federal Property and Administrative Services Act of 1949, the Administrator of General Services may not issue a delegation of procurement authority for an acquisition without first receiving certification from the contracting agency that-- (1) such agency has employees within the agency or available from another agency who are adequately trained and capable of conducting evaluations and analyses of proposals submitted for such an acquisition; or (2)(A) such agency does not have employees within the agency who are adequately trained and capable of conducting evaluations and analyses of proposals submitted for such an acquisition; and (B) such adequately trained and capable employees are not readily available from other agencies in accordance with regulations promulgated by the Federal Acquisition Regulatory Council under subsection (c). (c) Federal Acquisition Regulatory Council.--No later than 90 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall-- (1) review part 37 of title 48 of the Code of Federal Regulations as it relates to the use of advisory and assistance services and provide guidance and promulgate regulations regarding what actions agencies are required to take to determine if expertise is readily available within the Government before contracting for advisory and technical services to conduct acquisitions; and (2) provide guidance and promulgate regulations regarding the manner in which Federal employees with expertise may be shared with agencies needing expertise for such acquisitions. (d) Definition.--For purposes of this section the term ``employee'' shall have the same meaning as such term is defined under section 2105 of title 5, United States Code.

Solicitation Enhancement Act of 1993 - Amends the Federal Property and Administrative Services Act of 1949 to revise solicitation, evaluation, and award procedures for public contracts. Prohibits the use of appropriated funds to pay for non-Federal employees to evaluate or analyze proposals submitted for an acquisition, unless Federal employees with adequate training and capabilities to perform such activities are not readily available within the agency or any other Federal agency. Sets forth requirements for the delegation of procurement authority for certain acquisitions in special circumstances. Directs the Federal Acquisition Regulatory Council to provide guidance and promulgate regulations on what actions agencies must take to determine whether expertise is readily available within the Government and how it may be shared before they contract for advisory and technical services to conduct acquisitions.

Solicitation Enhancement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Demanding Accountability for Veterans Act of 2014''. SEC. 2. SCORING OF 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage. SEC. 3. ACCOUNTABILITY OF SECRETARY OF VETERANS AFFAIRS TO INSPECTOR GENERAL OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Chapter 7 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 712. Accountability of Secretary to Inspector General ``(a) List of Managers.--(1) If the Inspector General of the Department of Veterans Affairs determines that the Secretary has not appropriately responded with significant progress to a covered report by the date specified in the action plan of the Secretary developed in response to such covered report-- ``(A) the Inspector General shall notify the Committees on Veterans' Affairs of the Senate and House of Representatives and the Secretary of such failure to appropriately respond; and ``(B) not later than 15 days after such notification, the Secretary shall submit to the Inspector General a list of the names of each responsible manager and the matter in the action plan for which the manager is responsible. ``(2) The Inspector General may not make public the names of responsible managers submitted under paragraph (1)(B). ``(b) Performance of Responsible Managers.--(1) The Secretary shall-- ``(A) promptly notify each responsible manager of a covered issue by not later than seven days after the date on which the Secretary submits to the Inspector General the name of the manager under subsection (a)(1)(B); ``(B) direct such manager to resolve such issue; and ``(C) provide such manager with appropriate counseling and a mitigation plan with respect to resolving such issue. ``(2) The Secretary shall ensure that any performance review of a responsible manager includes an evaluation of whether the manager took appropriate actions during the period covered by the review to respond to the covered issue for which a request was made under subsection (a). ``(3) The Secretary may not pay to a responsible manager any bonus or award, including a performance award under section 5384 of title 5 if the covered issue for which a request was made under subsection (a) is unresolved. ``(c) Role of Inspector General.--Any authority of the Inspector General provided under this section is in addition to any responsibility or authority provided to the Inspector General in the Inspector General Act of 1978 (5 U.S.C. App.). ``(d) Definitions.--In this section: ``(1) The term `covered issue' means, with respect to a responsible manager, an issue described in a covered report for which the manager is or was responsible. ``(2) The term `covered report' means a report by the Inspector General of the Department of Veterans Affairs that recommends actions to the Secretary of Veterans Affairs (or other official or employee of the Department) to address an issue in the Department with respect to public health or safety. ``(3) The term `responsible manager' means an individual who-- ``(A) is an employee of the Department; ``(B) is or was responsible for an issue included in a covered report; and ``(C) in being so responsible, is or was employed in a management position, regardless of whether the employee is in the competitive civil service, Senior Executive Service, or other type of civil service.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 711 the following new item: ``712. Accountability of Secretary to Inspector General.''. SEC. 4. SECRETARY OF VETERANS AFFAIRS CONTRACT AUTHORITY FOR TRANSFER OF VETERANS NON-DEPARTMENT MEDICAL FOSTER HOMES. (a) Authority.--Section 1720 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(h)(1) During the three-year period beginning on October 1, 2014, at the request of a veteran for whom the Secretary is required to provide nursing home care under section 1710A of this title, the Secretary may transfer the veteran to a medical foster home that meets Department standards, at the expense of the United States, pursuant to a contract or agreement entered into between the Secretary and the medical foster home for such purpose. A veteran who is transferred to a medical foster home under this subsection shall agree, as a condition of such transfer, to accept home health services furnished by the Secretary under section 1717 of this title. ``(2) For purposes of this subsection, the term `medical foster home' means a home designed to provide non-institutional, long-term, supportive care for veterans who are unable to live independently and prefer a family setting.''. (b) Effective Date.--Subsection (h) of title 38, United States Code, as added by subsection (a), shall take effect on October 1, 2014. SEC. 5. CONDITIONS ON THE AWARD OF PER DIEM PAYMENTS BY THE SECRETARY OF VETERANS AFFAIRS FOR THE PROVISION OF HOUSING OR SERVICES TO HOMELESS VETERANS. (a) Condition.-- (1) In general.--Paragraph (1) of section 2012(c) of title 38, United States Code, is amended to read as follows: ``(1) Except as provided in paragraph (2), a per diem payment may not be provided under this section to a grant recipient or eligible entity unless the entity submits to the Secretary an annual certification, approved or verified by the authority having jurisdiction or a qualified third party, as determined by the Secretary, that the facility where the entity provides housing or services for homeless veterans using grant funds is in compliance with codes relevant to the operations and level of care provided, including applicable provisions of the most recently published version of the Life Safety Code or International Building Code and International Fire Code (or such versions of such codes that have been adopted as State or local codes by the jurisdiction in which the facility is located), licensing requirements, fire and safety requirements, and any other requirements in the jurisdiction in which the facility is located regarding the condition of the facility and the operation of the entity providing such supportive housing or services. For purposes of this paragraph, if a facility where a grant recipient or eligible entity provides housing or services for homeless veterans using grant funds is located in a jurisdiction without relevant code requirements, the Secretary shall determine code and inspection requirements to be applied to the facility.''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to an application for a per diem payment under section 2012 of title 38, United States Code, submitted on or after the date of the enactment of this Act. (b) Annual Report.--Section 2065(b) of title 38, United States Code, is amended-- (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following new paragraph (6): ``(6) The Secretary's evaluation of the safety and accessibility of facilities used to provide programs established by grant recipients or eligible entities under sections 2011 and 2012 of this title, including the number of such grant recipients or eligible entities who have submitted a certification under section 2012(c)(1).''. (c) Treatment of Current Recipients.--In the case of the recipient of a per diem payment under section 2012 of title 38, United States Code, that receives such a payment during the year in which this Act is enacted, the Secretary of Veterans Affairs shall require the recipient to submit the certification required under section 2012(c)(1) of such title, as amended by subsection (a)(1), by not later than two years after the date of the enactment of this Act. If the recipient fails to submit such certification by such date, the Secretary may not make any additional per diem payments to the recipient under such section 2012 until the recipient submits such certification. SEC. 6. EXTENSION OF LOAN GUARANTY FEE FOR CERTAIN SUBSEQUENT LOANS. (a) Extension.--Section 3729(b)(2) of title 38, United States Code, is amended-- (1) in subparagraph (A)-- (A) in clause (iii), by striking ``October 1, 2017'' and inserting ``October 1, 2018''; and (B) in clause (iv), by striking ``October 1, 2017'' and inserting ``October 1, 2018''; (2) in subparagraph (C)-- (A) in clause (i), by striking ``October 1, 2017'' and inserting ``October 1, 2018''; and (B) in clause (ii), by striking ``October 1, 2017'' and inserting ``October 1, 2018''; and (3) in subparagraph (D)-- (A) in clause (i), by striking ``October 1, 2017'' and inserting ``October 1, 2018''; and (B) in clause (ii), by striking ``October 1, 2017'' and inserting ``October 1, 2018''. SEC. 7. EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO OBTAIN CERTAIN INFORMATION FROM THE SECRETARY OF THE TREASURY OR THE COMMISSIONER OF SOCIAL SECURITY. Section 5317 of title 38, United States Code, is amended by striking ``September 30, 2016'' and inserting ``May 31, 2017''. Passed the House of Representatives June 9, 2014. Attest: KAREN L. HAAS, Clerk.

Demanding Accountability for Veterans Act of 2014 - (Sec. 3) Requires the Inspector General (IG) of the Department of Veterans Affairs (VA), upon determining that the VA Secretary has not appropriately responded to an IG report that recommends actions to be taken by the Secretary to address a VA public health or safety issue, to notify the Secretary and the congressional veterans committees of such failure. Requires the Secretary: (1) within 15 days after such notification, to submit to the IG a list of the names of each responsible VA manager and the matter for which the manager is responsible; (2) within 7 days after such submission, to notify each such manager of the covered issue; (3) to direct such manager to resolve the issue; (4) to provide the manager with appropriate counseling and a mitigation plan for resolving the issue; and (5) to ensure that a manager's performance review includes an evaluation of actions taken with respect to such issue. Prohibits the Secretary from paying a bonus or award to any manager whose issue remains unresolved. (Sec. 4) Authorizes the Secretary, for the three years beginning on October 1, 2014, to transfer a veteran who is eligible for VA nursing home care to a medical foster home if: (1) the veteran requests that transfer, (2) the home meets the VA's standards, and (3) the transfer is made pursuant to a contract or agreement between the VA and the medical foster home. Requires a veteran so transferred to agree, as a condition of such transfer, to accept VA home health services. Defines a "medical foster home" as a home designed to provide non-institutional, long-term, supportive care for veterans who are unable to live independently and prefer a family setting. (Sec. 5) Prohibits the Secretary from making a per diem payment to a public or nonprofit private entity for the provision of housing or housing services to homeless veterans unless such entity submits to the Secretary an annual certification that the building proposed for such housing or services is in compliance with codes relevant to the operations and level of care provided, licensing requirements, fire and safety requirements, and any other local requirements regarding the condition of the facility and the operation of the entity providing such housing or services. Directs the Secretary to include, in a currently required annual report on assistance to homeless veterans, an evaluation of the safety and accessibility of such facilities. (Sec. 6) Extends, through October 1, 2018, the current rates for fees on housing loans guaranteed by the VA, excluding the rates for fees on subsequent loans. (Sec. 7) Extends through through May 31, 2017, the Secretary's authority to obtain veterans' income verification information from the Commissioner of Social Security or the Secretary of the Treasury.

Demanding Accountability for Veterans Act of 2014

SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE. (a) Short Title.--This Act may be cited as the ``Women Vietnam Veterans' Children's Birth Defects Benefits Act.'' (b) References to Title 38, United States Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SEC. 2. BENEFITS FOR CHILDREN OF WOMEN VIETNAM VETERANS WHO SUFFER FROM BIRTH DEFECTS. Chapter 18 is amended-- (1) by inserting before section 1801 the following: ``SUBCHAPTER I--BENEFITS FOR CHILDREN OF VIETNAM VETERANS WHO ARE BORN WITH SPINA BIFIDA''; (2) by inserting after section 1805 the following new subchapters: ``SUBCHAPTER II--BENEFITS FOR CHILDREN OF WOMEN VIETNAM VETERANS WHO SUFFER FROM BIRTH DEFECTS ``Sec. 1811. Definitions ``For the purposes of this subchapter-- ``(1) The term `child' means a natural child of a woman Vietnam veteran, regardless of the child's age or marital status, who was conceived after the date on which the woman Vietnam veteran first entered the Republic of Vietnam during the Vietnam era. ``(2) The term `woman Vietnam veteran' means a woman who performed active military, naval, or air service in the Republic of Vietnam during the Vietnam era, without regard to the characterization of the individual's service. ``Sec. 1812. Covered birth defects ``(a) This subchapter applies with respect to any birth defect, other than spina bifida, which results in a permanent physical or mental disability, except for a birth defect determined by the Secretary to result from a familial disorder, birth-related injury, or fetal or neonatal infirmity with well-established causes. A birth defect to which this subchapter applies pursuant to the preceding sentence is referred to in this subchapter as a `covered birth defect'. ``(b) Where affirmative evidence establishes that a particular birth defect suffered by an individual resulted from a cause other than the service of the individual's mother in the Republic of Vietnam during the Vietnam era, the provision of health care or other benefits under this subchapter is not authorized. ``Sec. 1813. Health care ``(a) In accordance with regulations the Secretary shall prescribe, the Secretary shall provide a child of a woman Vietnam veteran who is suffering from a covered birth defect with such health care as the Secretary determines is needed by the child for the birth defect or any disability that is associated with such condition. ``(b) The Secretary may provide health care under this section directly or by contract or other arrangement with any health care provider. ``(c) For the purposes of this section-- ``(1) The term `health care'-- ``(A) means home care, hospital care, nursing home care, outpatient care, preventive care, habilitative and rehabilitative care, case management, and respite care; and ``(B) includes-- ``(i) the training of appropriate members of a child's family or household in the care of the child; and ``(ii) the provision of such pharmaceuticals, supplies, equipment, devices, appliances, assistive technology, direct transportation costs to and from approved sources of health care, and other materials as the Secretary determines necessary. ``(2) The term `health care provider' includes health care plans, insurers, organizations, institutions, and any other entity or individual furnishing health care services that the Secretary determines are authorized under this section. ``(3) The term `home care' means outpatient care, habilitative and rehabilitative care, preventive health services, and health-related services furnished to an individual in the individual's home or other place of residence. ``(4) The term `hospital care' means care and treatment for a disability furnished to an individual who has been admitted to a hospital as a patient. ``(5) The term `nursing home care' means care and treatment for a disability furnished to an individual who has been admitted to a nursing home as a resident. ``(6) The term `outpatient care' means care and treatment of a disability, and preventive health services, furnished to an individual other than hospital care or nursing home care. ``(7) The term `preventive care' means care and treatment furnished to prevent disability or illness, including periodic examinations, immunizations, patient health education, and such other services as the Secretary determines necessary to provide effective and economical preventive health care. ``(8) The term `habilitative and rehabilitative care' means such professional, counseling, and guidance services and treatment programs (other than vocational training under section 1804 or 1814 of this title) as are necessary to develop, maintain, or restore, to the maximum extent practicable, the functioning of a disabled person. ``(9) The term `respite care' means care furnished on an intermittent basis for a limited period to an individual who resides primarily in a private residence when such care will help the individual to continue residing in such private residence. ``Sec. 1814. Vocational training and rehabilitation ``(a) Pursuant to such regulations as the Secretary may prescribe, the Secretary may provide vocational training under this section to a child of a woman Vietnam veteran who is suffering from a covered birth defect if the Secretary determines that the achievement of a vocational goal by such child is reasonably feasible. ``(b) A program of vocational training for a child under this section shall be provided to the same extent and in the same manner as a program provided under section 1804 of this title to a child of a Vietnam veteran who is suffering from spina bifida and shall be subject to the same terms, conditions, and limitations set forth in that section. ``Sec. 1815. Monetary allowance ``(a) The Secretary shall pay a monthly allowance under this subchapter to any child of a woman Vietnam veteran who suffers from a disability resulting from a covered birth defect which results in permanent impairment of a physical or mental function in such child. ``(b)(1) The amount of the allowance paid under this section shall be based on the degree of disability suffered by a child, as determined in accordance with such schedule for rating disabilities resulting from covered birth defects as the Secretary may prescribe. ``(2) The Secretary shall, in prescribing the rating schedule for the purposes of this section, establish four levels of disability upon which the amount of the allowance provided by this section shall be based. The levels of disability established shall take into account functional limitations, including limitations on cognition, communication, motor abilities, activities of daily living, and employability. ``(3) The amounts of the monthly allowance shall be as follows: ``(A) For the lowest level of disability prescribed, $100. ``(B) For the first intermediate level of disability prescribed, the greater of $214 or the rate payable for the lowest level of disability under section 1805(b)(3) of this title. ``(C) For the second intermediate level of disability prescribed, the greater of $743 or the rate payable for the intermediate level of disability under section 1805(b)(3). ``(D) For the highest level of disability prescribed, the greater of $1,272 or the rate payable for the highest level of disability under section 1805(b)(3) of this title. Such amounts are subject to adjustment under section 5312 of this title. ``SUBCHAPTER III--GENERAL''; (3) by redesignating section 1806 as section 1821; and (4) by adding at the end the following: ``Sec. 1822. Effect of monetary allowance under this chapter on other benefits ``(a) Notwithstanding any other provision of law, receipt by an individual of an allowance under this chapter shall not impair, infringe, or otherwise affect the right of the individual to receive any other benefit to which the individual may otherwise be entitled under any law administered by the Secretary, nor shall receipt of such an allowance impair, infringe, or otherwise affect the right of any other individual to receive any benefit to which that individual is entitled under any law administered by the Secretary that is based on that individual's relationship to an individual who receives an allowance under this chapter. ``(b) Notwithstanding any other provision of law, the allowance paid to an individual under this chapter shall not be considered to be income or resources in determining eligibility for or the amount of benefits under any Federal or federally assisted program. ``Sec. 1823. Nonduplication of benefits ``(a) An individual who is entitled to a monthly allowance under both subchapter I and subchapter II of this chapter may not receive such benefit under each subchapter concurrently, but shall elect (in such form and manner as the Secretary may prescribe) under which subchapter to receive such benefit. ``(b) An individual may not be provided more than one program of vocational training under this chapter.''. SEC. 3. CLERICAL AND CONFORMING AMENDMENTS. (a) Chapter Heading.--(1) The heading of chapter 18 is amended to read as follows: ``CHAPTER 18--BENEFITS FOR CERTAIN CHILDREN OF VIETNAM VETERANS''. (2) The item relating to chapter 18 in the tables of chapters before part I and at the beginning of part II is amended to read as follows: ``18. Benefits for Certain Children of Vietnam Veterans..... 1801''. (b) Amendments to Chapter 18.--Chapter 18 is amended-- (1) by striking ``chapter'' in sections 1801 and 1802 and inserting ``subchapter''; (2) by striking ``section 1804'' in section 1803(c)(8) and inserting ``either section 1804 or 1814''; and (3) in section 1805-- (A) by striking ``chapter'' and inserting ``subchapter''; and (B) by striking subsections (c) and (d). (c) Other Amendments.--Section 5312 is amended-- (1) in subsection (a), by striking ``section 1805'' and inserting ``sections 1805 and 1815''; and (2) in subsection (c)(1), by striking ``and 1805'' and inserting ``1805, and 1815''. (d) Table of Sections.--The table of sections at the beginning of chapter 18 is amended-- (1) by inserting at the beginning the following: ``SUBCHAPTER I--BENEFITS FOR CHILDREN OF VIETNAM VETERANS WHO ARE BORN WITH SPINA BIFIDA''; (2) by striking the item relating to section 1806; and (3) by adding at the end the following: ``SUBCHAPTER II--BENEFITS FOR CHILDREN OF WOMEN VIETNAM VETERANS WHO SUFFER FROM BIRTH DEFECTS ``1811. Definitions. ``1812. Covered birth defects. ``1813. Health care. ``1814. Vocational training and rehabilitation. ``1815. Monetary allowance. ``SUBCHAPTER III--GENERAL ``1821. Applicability of certain administrative provisions. ``1822. Effect of monetary allowance under this chapter on other benefits. ``1823. Nonduplication of benefits.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect on the later of October 1, 2000, or the first day of the first month beginning after the date of the enactment of this Act.

Directs the Secretary to pay a monthly allowance, based on the degree of disability, to any child of a woman Vietnam veteran who suffers from a disability resulting from a covered birth defect which results in permanent impairment of a physical or mental function. Prohibits such allowance from affecting the right to receive other veterans' benefits or compensation.

Women Vietnam Veterans' Children's Birth Defects Benefits Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eliminating Disparities in Diabetes Prevention, Access, and Care Act of 2015''. TITLE I--NATIONAL INSTITUTES OF HEALTH SEC. 101. RESEARCH, TREATMENT, AND EDUCATION. (a) In General.--Subpart 3 of part C of title IV of the Public Health Service Act (42 U.S.C. 285c et seq.) is amended by adding at the end the following new section: ``SEC. 434B. DIABETES IN MINORITY POPULATIONS. ``(a) In General.--The Director of NIH shall expand, intensify, and support ongoing research and other activities with respect to prediabetes and diabetes, particularly type 2, in minority populations. ``(b) Research.-- ``(1) Description.--Research under subsection (a) shall include investigation into-- ``(A) the causes of diabetes, including socioeconomic, geographic, clinical, environmental, genetic, and other factors that may contribute to increased rates of diabetes in minority populations; and ``(B) the causes of increased incidence of diabetes complications in minority populations, and possible interventions to decrease such incidence. ``(2) Inclusion of minority participants.--In conducting and supporting research described in subsection (a), the Director of NIH shall seek to include minority participants as study subjects in clinical trials. ``(c) Report; Comprehensive Plan.-- ``(1) In general.--The Diabetes Mellitus Interagency Coordinating Committee shall-- ``(A) prepare and submit to the Congress, not later than 6 months after the date of enactment of this section, a report on Federal research and public health activities with respect to prediabetes and diabetes in minority populations; and ``(B) develop and submit to the Congress, not later than 1 year after the date of enactment of this section, an effective and comprehensive Federal plan (including all appropriate Federal health programs) to address prediabetes and diabetes in minority populations. ``(2) Contents.--The report under paragraph (1)(A) shall at minimum address each of the following: ``(A) Research on diabetes and prediabetes in minority populations, including such research on-- ``(i) genetic, behavioral, and environmental factors; and ``(ii) prevention and complications among individuals within these populations who have already developed diabetes. ``(B) Surveillance and data collection on diabetes and prediabetes in minority populations, including with respect to-- ``(i) efforts to better determine the prevalence of diabetes among Asian American and Pacific Islander subgroups; and ``(ii) efforts to coordinate data collection on the American Indian population. ``(C) Community-based interventions to address diabetes and prediabetes targeting minority populations, including-- ``(i) the evidence base for such interventions; ``(ii) the cultural appropriateness of such interventions; and ``(iii) efforts to educate the public on the causes and consequences of diabetes. ``(D) Education and training programs for health professionals (including community health workers) on the prevention and management of diabetes and its related complications that is supported by the Health Resources and Services Administration, including such programs supported by-- ``(i) the National Health Service Corps; or ``(ii) the community health centers program under section 330. ``(d) Education.--The Director of NIH shall-- ``(1) through the National Institute on Minority Health and Health Disparities and the National Diabetes Education Program-- ``(A) make grants to programs funded under section 464z-4 (relating to centers of excellence) for the purpose of establishing a mentoring program for health care professionals to be more involved in weight counseling, obesity research, and nutrition; and ``(B) provide for the participation of minority health professionals in diabetes-focused research programs; and ``(2) make grants for programs to establish a pipeline from high school to professional school that will increase minority representation in diabetes-focused health fields by expanding Minority Access to Research Careers (MARC) program internships and mentoring opportunities for recruitment. ``(e) Definitions.--For purposes of this section: ``(1) The `Diabetes Mellitus Interagency Coordinating Committee' means the Diabetes Mellitus Interagency Coordinating Committee established under section 429. ``(2) The term `minority population' means a racial and ethnic minority group, as defined in section 1707.''. TITLE II--CENTERS FOR DISEASE CONTROL AND PREVENTION SEC. 201. RESEARCH, EDUCATION, AND OTHER ACTIVITIES. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317T the following section: ``SEC. 317U. DIABETES IN MINORITY POPULATIONS. ``(a) Research and Other Activities.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall conduct and support research and public health activities with respect to diabetes in minority populations. ``(2) Certain activities.--Activities under paragraph (1) regarding diabetes in minority populations shall include the following: ``(A) Further enhancing the National Health and Nutrition Examination Survey by over-sampling Asian American, Native Hawaiian, and Other Pacific Islanders in appropriate geographic areas to better determine the prevalence of diabetes in such populations as well as to improve the data collection of diabetes penetration disaggregated into major ethnic groups within such populations. The Secretary shall ensure that any such oversampling does not reduce the oversampling of other minority populations including African-American and Latino populations. ``(B) Through the Division of Diabetes Translation-- ``(i) providing for prevention research to better understand how to influence health care systems changes to improve quality of care being delivered to such populations; ``(ii) carrying out model demonstration projects to design, implement, and evaluate effective diabetes prevention and control interventions for minority populations, including culturally appropriate community- based interventions; ``(iii) developing and implementing a strategic plan to reduce diabetes in minority populations through applied research to reduce disparities and culturally and linguistically appropriate community-based interventions; ``(iv) supporting, through the national diabetes prevention program under section 399V- 3, diabetes prevention program sites in underserved regions highly impacted by diabetes; and ``(v) implementing, through the national diabetes prevention program under section 399V- 3, a demonstration program developing new metrics measuring health outcomes related to diabetes that can be stratified by specific minority populations. ``(b) Education.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall direct the Division of Diabetes Translation to conduct and support both programs to educate the public on diabetes in minority populations and programs to educate minority populations about the causes and effects of diabetes. ``(c) Diabetes; Health Promotion, Prevention Activities, and Access.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention and the National Diabetes Education Program, shall conduct and support programs to educate specific minority populations through culturally appropriate and linguistically appropriate information campaigns about prevention of, and managing, diabetes. ``(d) Definition.--For purposes of this section, the term `minority population' means a racial and ethnic minority group, as defined in section 1707.''. TITLE III--HEALTH RESOURCES AND SERVICES ADMINISTRATION SEC. 301. RESEARCH, EDUCATION, AND OTHER ACTIVITIES. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following new section: ``SEC. 399V-6. PROGRAMS TO EDUCATE HEALTH PROVIDERS ON THE CAUSES AND EFFECTS OF DIABETES IN MINORITY POPULATIONS. ``(a) In General.--The Secretary, acting through the Director of the Health Resources and Services Administration, shall conduct and support programs described in subsection (b) to educate health professionals on the causes and effects of diabetes in minority populations. ``(b) Programs.--Programs described in this subsection, with respect to education on diabetes in minority populations, shall include the following: ``(1) Giving priority, under the primary care training and enhancement program under section 747-- ``(A) to awarding grants to focus on or address diabetes; and ``(B) adding minority populations to the list of vulnerable populations that should be served by such grants. ``(2) Providing additional funds for the Health Careers Opportunity Program, Centers for Excellence, and the Minority Faculty Fellowship Program to partner with the Office of Minority Health under section 1707 and the National Institutes of Health to strengthen programs for career opportunities focused on diabetes treatment and care within underserved regions highly impacted by diabetes. ``(3) Developing a diabetes focus within, and providing additional funds for, the National Health Service Corps Scholarship Program-- ``(A) to place individuals in areas that are disproportionately affected by diabetes and to provide diabetes treatment and care in such areas; and ``(B) to provide such individuals continuing medical education specific to diabetes care.''. TITLE IV--INDIAN HEALTH SERVICE SEC. 401. RESEARCH, EDUCATION, AND OTHER ACTIVITIES. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.), as amended by section 301, is further amended by adding at the end the following section: ``SEC. 399V-7. RESEARCH, EDUCATION, AND OTHER ACTIVITIES REGARDING DIABETES IN AMERICAN INDIAN POPULATIONS. ``In addition to activities under sections 317V-6 and 434B, the Secretary, acting through the Indian Health Service and in collaboration with other appropriate Federal agencies, shall-- ``(1) conduct and support research and other activities with respect to diabetes; and ``(2) coordinate the collection of data on clinically and culturally appropriate diabetes treatment, care, prevention, and services by health care professionals to the American Indian population.''. TITLE V--INSTITUTE OF MEDICINE REPORT SEC. 501. UPDATED REPORT ON HEALTH DISPARITIES. The Secretary of Health and Human Services shall seek to enter into an arrangement with the Institute of Medicine under which the Institute will-- (1) not later than 1 year after the date of enactment of this Act, submit to the Congress an updated version of the Institute's 2002 report entitled ``Unequal Treatment: Confronting Racial and Ethnic Disparities in Health Care''; and (2) in such updated version, address how racial and ethnic health disparities have changed since the publication of the original report.

Eliminating Disparities in Diabetes Prevention, Access, and Care Act of 2015 This bill amends the Public Health Service Act to require the National Institutes of Health to: (1) expand, intensify, and support activities regarding prediabetes and diabetes, particularly type 2, in minority populations; (2) award grants for a mentoring program for health care professionals to be more involved in weight counseling, obesity research, and nutrition; (3) provide for the participation of minority health professionals in diabetes-focused research programs; and (4) award grants for programs to establish a pipeline from high school to professional school that will increase minority representation in diabetes-focused health fields. The Diabetes Mellitus Interagency Coordinating Committee must report on federal activities regarding prediabetes and diabetes in minority populations and prepare a plan to address prediabetes and diabetes in minority populations. The Centers for Disease Control and Prevention must conduct and support research and public health activities regarding diabetes in minority populations. The Division of Diabetes Translation must educate the public on diabetes in minority populations and educate minority populations on diabetes. The National Diabetes Education Program must educate specific minority populations through culturally and linguistically appropriate information campaigns. The Health Resources and Services Administration must educate health professionals on diabetes in minority populations. The Indian Health Service must: (1) conduct and support research and other activities regarding diabetes; and (2) coordinate the collection of data on clinically and culturally appropriate diabetes services. The Department of Health and Human Services must arrange for the National Academy of Medicine (formerly known as the Institute of Medicine) to update its report entitled "Unequal Treatment: Confronting Racial and Ethnic Disparities in Health Care."

Eliminating Disparities in Diabetes Prevention, Access, and Care Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Torture Survivors Relief Act of 1998''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The American people abhor torture by any government or person. The existence of torture creates a climate of fear and international insecurity that affects all people. (2) Torture is the deliberate mental and physical damage caused by governments to individuals to destroy individual personality and terrorize society. The effects of torture are long term. Those effects can last a lifetime for the survivors and affect future generations. (3) By eliminating the leadership of their opposition and frightening the general public, repressive governments often use torture as a weapon against democracy. (4) Torture survivors remain under physical and psychological threats, especially in communities where the perpetrators are not brought to justice. In many nations, even those who treat torture survivors are threatened with reprisals, including torture, for carrying out their ethical duty to provide care. Both the survivors of torture and their treatment providers should be accorded protection from further repression. (5) A significant number of refugees and asylees entering the United States have been victims of torture. Those claiming asylum deserve prompt consideration of their applications for political asylum to minimize their insecurity and sense of danger. Many torture survivors now live in the United States. They should be provided with the rehabilitation services which would enable them to become productive members of our communities. (6) The development of a treatment movement for torture survivors has created new opportunities for action by the United States and other nations to oppose state-sponsored and other acts of torture. (7) There is a need for a comprehensive strategy to protect and support torture victims and their treatment providers, together with overall efforts to eliminate torture. (8) By acting to heal the survivors of torture and protect their families, the United States can help to heal the effects of torture and prevent its use around the world. SEC. 3. DEFINITION. As used in this Act, the term ``torture'' has the meaning given the term in section 2340(1) of title 18, United States Code, and includes the use of rape and other forms of sexual violence by a person acting under the color of law upon another person under his custody or physical control. SEC. 4. FOREIGN TREATMENT CENTERS. (a) Amendments to the Foreign Assistance Act of 1961.--Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end of chapter 1 the following new section: ``SEC. 129. ASSISTANCE FOR VICTIMS OF TORTURE. ``(a) In General.--The President is authorized to provide assistance for the rehabilitation of victims of torture. ``(b) Eligibility for Grants.--Such assistance shall be provided in the form of grants to treatment centers and programs in foreign countries that are carrying out projects or activities specifically designed to treat victims of torture for the physical and psychological effects of the torture. ``(c) Use of Funds.--Such assistance shall be available-- ``(1) for direct services to victims of torture; and ``(2) to provide research and training to health care providers outside of treatment centers or programs described in subsection (b), for the purpose of enabling such providers to provide the services described in paragraph (1).''. (b) Funding.-- (1) Authorization of appropriations.--Of the amounts authorized to be appropriated for fiscal years 1999 and 2000 pursuant to chapter 1 of part I of the Foreign Assistance Act of 1961, there are authorized to be appropriated to the President $5,000,000 for fiscal year 1999 and $7,500,000 for fiscal year 2000 to carry out section 129 of the Foreign Assistance Act, as added by subsection (a). (2) Availability of funds.--Amounts appropriated pursuant to this subsection shall remain available until expended. (c) Effective Date.--The amendment made by subsection (a) shall take effect October 1, 1998. SEC. 5. DOMESTIC TREATMENT CENTERS. (a) Assistance for Treatment of Torture Victims.--The Secretary of Health and Human Services may provide grants to programs in the United States to cover the cost of the following services: (1) Services for the rehabilitation of victims of torture, including treatment of the physical and psychological effects of torture. (2) Social and legal services for victims of torture. (3) Research and training for health care providers outside of treatment centers, or programs for the purpose of enabling such providers to provide the services described in paragraph (1). (b) Funding.-- (1) Authorization of appropriations.--Of the amounts authorized to be appropriated for the Department of Health and Human Services for fiscal years 1999 and 2000, there are authorized to be appropriated to carry out subsection (a) (relating to assistance for domestic centers and programs for the treatment of victims of torture) $5,000,000 for fiscal year 1999, and $7,500,000 for fiscal year 2000. (2) Availability of funds.--Amounts appropriated pursuant to this subsection shall remain available until expended. SEC. 6. MULTILATERAL ASSISTANCE. (a) Funding.--Of the amounts authorized to be appropriated for fiscal years 1999 and 2000 pursuant to chapter 3 of part I of the Foreign Assistance Act of 1961, there are authorized to be appropriated to the United Nations Voluntary Fund for Victims of Torture (in this section referred to as the ``Fund'') the following amounts for the following fiscal years: (1) Fiscal year 1999.--For fiscal year 1999, $3,000,000. (2) Fiscal year 2000.--For fiscal year 2000, $3,000,000. (b) Availability of Funds.--Amounts appropriated pursuant to subsection (a) shall remain available until expended. (c) Sense of Congress.--It is the sense of the Congress that the President, acting through the United States Permanent Representative to the United Nations, should-- (1) request the Fund-- (A) to find new ways to support and protect treatment centers and programs that are carrying out rehabilitative services for victims of torture; and (B) to encourage the development of new such centers and programs; (2) use the voice and vote of the United States to support the work of the Special Rapporteur on Torture and the Committee Against Torture established under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and (3) use the voice and vote of the United States to establish a country rapporteur or similar procedural mechanism to investigate human rights violations in a country if either the Special Rapporteur or the Committee Against Torture indicates that a systematic practice of torture is prevalent in that country. SEC. 7. SPECIALIZED TRAINING FOR CONSULAR PERSONNEL. (a) In General.--The Secretary of State shall provide training for consular officers with respect to-- (1) the identification of torture; (2) the identification of the surrounding circumstances in which torture is most often practiced; (3) the long-term effects of torture upon a victim; (4) the identification of the physical, cognitive, and emotional effects of torture, and the manner in which these effects can affect the interview or hearing process; and (5) the manner of interviewing victims of torture so as not to retraumatize them, eliciting the necessary information to document the torture experience, and understanding the difficulties victims often have in recounting their torture experience. (b) Gender-Related Considerations.--In conducting training under subsection (a) (4) or (5), gender-specific training shall be provided on the subject of interacting with women and men who are victims of torture by rape or any other form of sexual violence.

Torture Survivors Relief Act of 1998 - Amends the Foreign Assistance Act of 1961 to authorize the President to provide grants to treatment centers and programs in foreign countries carrying out projects or activities specifically designed to treat and rehabilitate victims of torture for the physical and psychological effects of the torture. Authorizes appropriations. Authorizes the Secretary of Health and Human Services to provide grants to programs in the United States to cover the cost of: (1) services for the rehabilitation of victims of torture, including treatment of the physical and psychological effects of torture; (2) social and legal services for them; and (3) research and training for health care providers outside of treatment centers, or programs for the purpose of enabling such providers to provide rehabilitation services for torture victims. Authorizes appropriations. Authorizes appropriations for FY 1999 and 2000 to the United Nations Voluntary Fund for Victims of Torture. Declares that it is the sense of the Congress that the President, acting through the U.S. Permanent Representative to the United Nations, should: (1) request the Fund to find new ways to support and protect, and encourage development of new, treatment centers and programs carrying out such rehabilitative services; (2) use the U.S. voice and vote to support the work of the Special Rapporteur on Torture and the Committee Against Torture; and (3) use the U.S. voice and vote to establish a country rapporteur or similar procedural mechanism to investigate human rights violations in a country where a prevalent and systematic practice of torture is indicated. Directs the Secretary of State to provide training for consular officers with respect to: (1) identification of torture and its effects on the victim, as well as the surrounding circumstances in which it is most often practiced; and (2) the manner of interviewing torture victims so as not to retraumatize them. Requires gender- specific training on the subject of interacting with women and men who are victims of torture by rape or any other form of sexual violence.

Torture Survivors Relief Act of 1998

That except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. Section 1. Short Title.--This Act may be cited as the ``Department Of Veterans Affairs Employment Reduction Assistance Act of 1996.'' Sec. 2. Definitions.--For the purpose of this Act-- (1) ``Department'' means the Department of Veterans Affairs. (2) ``employee'' means an employee (as defined by section 2105 of title 5, United States Code) who-- (A) is employed by the Department of Veterans Affairs; (B) is serving under an appointment without time limitation; and (C) has been currently employed for a continuous period of at least 12 months; but does not include-- (i) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the Federal Government; (ii) an employee having a disability on the basis of which such employee is eligible for disability retirement under the applicable retirement system referred to in clause (i); (iii) an employee who is in receipt of a specific notice of involuntary separation for misconduct or performance; (iv) an employee who has accepted a final offer of a voluntary separation incentive payment, payable upon completion of an additional period of service as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 (Public Law 103-226; 108 Stat. 111); (v) an employee who previously has received any voluntary separation incentive payment by the Federal Government under this Act or any other authority and has not repaid such payment; or (vi) an employee covered by statutory reemployment rights who is on transfer to another organization. (3) ``Secretary'' means the Secretary of Veterans Affairs. Sec. 3. Department Plans; Approval.--(a) If the Secretary determines that, in order to improve the efficiency of operations or to meet actual or anticipated levels of budgetary or staffing resources, the number of employees employed by the Department must be reduced, the Secretary may submit a plan to the Director of the Office of Management and Budget to pay voluntary separation incentives under this Act to employees of the Department who agree to separate from the Department by retirement or resignation. The plan shall specify the planned employment reductions and the manner in which such reductions will improve operating efficiency or meet actual or anticipated levels of budget or staffing resources. The plan shall include a proposed period of time for the payment of voluntary separation incentives by the Department and a proposed coverage for offers of incentives to Department employees, targeting positions in accordance with the Department's strategic alignment plan and downsizing initiatives. The proposed coverage may be based on-- (1) any component of the Department; (2) any occupation, level or type of position; (3) any geographic location; or (4) any appropriate combination of the factors in paragraphs (1), (2), and (3). (b) The Director of the Office of Management and Budget shall approve or disapprove each plan submitted under subsection (a), and may make appropriate modifications to the plan with respect to the time period in which voluntary separation incentives may be paid on with respect to the coverage of incentives on the basis of the factors in subsection (a) (1) through (4). Sec. 4. Voluntary Separation Incentive Payments.--(a) In order to receive a voluntary separation incentive payment, an employee must separate from service with the Department voluntarily (whether by retirement of resignation) during the period of time for which the payment of incentives has been authorized for the employee under the Department plan under section 3. (b) A voluntary separation incentive payment-- (1) shall be paid in a lump sum at the time of the employee's separation: (2) shall be equal to the lesser of-- (A) an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5, United States Code (without adjustment for any previous payment made under that section), if the employee were entitled to payment under that section; if the employee were entitled to payment under that action; or (B) if the employee separates-- (i) during fiscal year 1996 or 1997, $25,000; (ii) during fiscal year 1998, $20,000; (iii) during fiscal year 1999, $15,000; or (iv) during fiscal year 2000, $10,000; (3) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit, except that this paragraph shall not apply to unemployment compensation funded in whole or in part with Federal funds; (4) shall not be taken into account in determining the amount of severance pay to which an employee may be entitled under section 5595 of title 5, United States Code, based on any other separation; and (5) shall be paid from the appropriations or funds available for payment of the basic pay of the employee. Sec. 5. Effect of Subsequent Employment With the Government.--(a) An individual who has received a voluntary separation incentive payment under this Act and accepts any employment with the Government of the United States within 5 years after the date of the separation on which the payment is based shall be required to repay, prior to the individual's first day of employment, the entire amount of the incentive payment to the Department. (b)(1) If the employment under subsection (a) is with an Executive agency (as defined by section 105 of title 5, United States Code), the United States Postal Service, or the Postal Rate Commission, the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (2) If the employment under subsection (a) is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (3) If the employment under subsection (a) is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (c) For the purpose of this section, the term ``employment''-- (1) includes employment of any length or under any type of appointment, but does not include employment that is without compensation; and (2) includes employment under a personal services contract, as defined by the Director of the Office of Personnel Management. Sec. 6. Additional Agency Contributions to the Retirement Fund.-- (a) In addition to any other payments which it is required to make under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, the Department shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the civil service retirement and disability fund an amount equal to 15 percent of the final basic pay of each employee of the Department who is covered under subchapter III of chapter 83 or chapter 84 of title 5 to whom a voluntary separation incentive has been paid under this Act. (b) For the purpose of this section, the term ``final basic pay'', with respect to an employee, means the total amount of basic pay that would be payable for a year of service by that employee, computed using the employee's final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor. Sec. 7. Reduction of Agency Employment Levels.-- (a) Total full- time equivalent employment in the Department shall be reduced by one for each separation of an employee who receives a voluntary separation incentive payment under this Act. The reduction will be calculated by comparing the Department's full-time equivalent employment for the fiscal year in which the voluntary separation payments are made with the actual full-time equivalent employment for the prior fiscal year. (b) The Office of Management and Budget shall monitor the Department and take any action necessary to ensure that the requirements of this section are met. (c) Subsection (a) of this section may be waived upon a determination by the President that-- (1) the existence of a state of war or other national emergency so requires; or (2) the existence of an extraordinary emergency which threatens life, health, safety, property, or the environment so requires. Sec. 8. Reports.--(a) The Department, for each applicable quarter of each fiscal year and not later than 30 days after the date of such quarter, shall submit to the Office of Personnel Management a reporting stating-- (1) the number of employees who receive voluntary separation incentives for each type of separation involved; (2) the average amount of the incentives paid; (3) the average grade or pay level of the employees who received incentives; and (4) such other information as the Office may require. (b) No later than March 31st of each fiscal year, the Office of Personnel Management shall submit to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives a report which, with respect to the preceding fiscal year, shall include-- (1) the number of employees who received voluntary separation incentives; (2) the average amount of such incentives; (3) the average grade or pay level of the employees who received incentives; and (4) the number of waivers made under section 5 of this Act in the repayment of voluntary separation incentives, and for each such waiver-- (A) the reasons for the waiver; and (B) the title and grade or pay level of the position filled by each employee to whom the waiver applied. Sec. 9. Voluntary Participation in Reductions in Force.--Section 3502(f) of title 5, United States Code, is amended-- (1) in paragraph (1), by inserting ``,the Secretary of Veterans Affairs,'' after ``Defense''; (2) in paragraph (3), by inserting ``,the Department of Veterans Affairs,'' after ``Defense''; (3) by striking paragraph (4); and (4) by redesignating paragraph (5) as paragraph (4); and (5) by amending such paragraph (4), as so redesignated, by striking ``1996'' and inserting ``2000'' in lieu thereof. Sec. 10. Continued Health Insurance Coverage.--Section 8905a(d)(4) of title 5, United States Code, is amended-- (1) in subparagraph (A) by striking ``in or under the Department of Defense''; (2) in subparagraph (B)-- (A) by striking ``1999'' in clause (i) and (ii) and inserting ``2000''; and (B) by striking ``2000'' in clause (ii) and inserting ``2001''; and (3) in subparagraph (C) by inserting ``by the agency'' after ``identified''. Sec. 11. Regulations.--The Director of the Office of Personnel Management may prescribe any regulations necessary to administer the provisions of this Act. Sec. 12. Limitation; Savings Clause.--(a) No voluntary separation incentive under this Act may be paid based on the separation of an employee after September 30, 2000; (b) This Act supplements and does not supersede other authority of the Secretary of Veterans Affairs.

Department of Veterans Affairs Employment Reduction Assistance Act of 1996 - Authorizes the Secretary of Veterans Affairs to submit to the Director of the Office of Management and Budget a plan to pay voluntary separation incentives to employees of the Department of Veterans Affairs. Provides for the determination and payment of incentive payments to such employees. Requires repayment of the entire payment if such former employee accepts employment with the Government within five years of the date of separation, with an authorized waiver by the appropriate official. Requires an agency to contribute to the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each agency employee to whom an incentive has been paid. Mandates the reduction of total full-time equivalent employees in each agency by one for each employee receiving an incentive payment, allowing a waiver of such reduction by the President in periods of war or national or extraordinary emergencies. Requires: (1) the Department to submit quarterly reports to the Office of Personnel Management (OPM) concerning individuals receiving such payments; and (2) OPM to submit annual reports to specified congressional committees on such information. Authorizes the Secretary to release volunteering employees in a reduction in force within the Department (currently, only the Secretaries of Defense or a military department are so authorized). Extends all such authority through FY 2000. Provides for continued health insurance coverage for employees separated before October 1, 2001.

Department of Veterans Affairs Employment Reduction Assistance Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Pension Limitation and Reform Act''. SEC. 2. LIMITATION RELATING TO THE NUMBER OF YEARS A MEMBER OF CONGRESS MAY PARTICIPATE IN A RETIREMENT SYSTEM. (a) Provisions Relating to FERS.-- (1) In general.--Chapter 84 of title 5, United States Code, is amended by inserting after section 8410 the following: ``Sec. 8410a. Limitation relating to Members ``(a) This section shall apply with respect to any Member serving as-- ``(1) a Member of the House of Representatives after completing 12 years of service as a Member of the House of Representatives; or ``(2) a Senator after completing 12 years of service as a Senator. ``(b) Notwithstanding any other provision of this chapter, a Member to whom this section applies remains subject to this chapter, subject to the following: ``(1) Deductions under section 8422 shall not be made from any pay for service performed as such a Member. ``(2) Government contributions under section 8423 shall not be made with respect to any such Member. ``(3) Government contributions under section 8432(c) shall not be made with respect to any period of service performed as such a Member. ``(4) Service performed as such a Member and pay received for any such service shall not be taken into account for any purpose other than to determine whether any age and service requirements for title to an annuity under this chapter have been met. ``(c) For purposes of subsection (a)-- ``(1) only service performed after the 105th Congress shall be taken into account; and ``(2) service performed while subject to subchapter III of chapter 83 (if any) shall be treated in the same way as if it had been performed while subject to this chapter. ``(d) For purposes of this section, the term `Member of the House of Representatives' includes a Delegate to the House of Representatives and the Resident Commissioner from Puerto Rico.''. (2) Clerical amendment.--The table of contents for chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8410 the following: ``8410a. Limitation relating to Members.''. (b) Provisions Relating to CSRS.-- (1) In general.--Chapter 83 of title 5, United States Code, is amended by inserting after section 8333 the following: ``Sec. 8333a. Limitation relating to Members ``(a) This section shall apply with respect to any Member serving as-- ``(1) a Member of the House of Representatives after completing 12 years of service as a Member of the House of Representatives; or ``(2) a Senator after completing 12 years of service as a Senator. ``(b) Notwithstanding any other provision of this subchapter, a Member to whom this section applies remains subject to this subchapter, subject to the following: ``(1) Deductions under the first sentence of section 8334(a) shall not be made from any pay for service performed as such a Member. ``(2) Government contributions under the second sentence of section 8334(a) shall not be made with respect to any such Member. ``(3) Service performed as such a Member and pay received for any such service shall not be taken into account for any purpose other than to determine whether any age and service requirements for title to an annuity under this subchapter have been met. ``(c) For purposes of subsection (a), only service performed after the 105th Congress shall be taken into account. ``(d) Nothing in subsection (b) or (c) of section 8333 shall apply with respect to a Member who, at the time of separation on the basis of which title to annuity is based, is a Member to whom this section applies. ``(e) For purposes of this section, the term `Member of the House of Representatives' includes a Delegate to the House of Representatives and the Resident Commissioner from Puerto Rico.''. (2) Clerical amendment.--The table of contents for chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8333 the following: ``8333a. Limitation relating to Members of the House of Representatives.''. SEC. 3. FORFEITURE OF RETIREMENT BENEFITS IF CONVICTED OF A FELONY. (a) In General.--Section 8312(a) of title 5, United States Code, is amended-- (1) by striking ``or'' at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ``; or''; and (3) by adding after paragraph (2) the following: ``(3) is convicted of an offense described in subsection (d), to the extent provided by that subsection.''. (b) Applicability.--The last sentence of section 8312(a) of title 5, United States Code, is amended-- (1) by striking ``and'' at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ``; and''; and (3) by adding after subparagraph (B) the following: ``(C) with respect to an offense described in subsection (d), to the period after the date of conviction.''. (c) Description of Offenses.--Section 8312 of title 5, United States Code, is amended by adding at the end the following: ``(d) An offense described in this subsection is any act or omission of an individual-- ``(1) which is a felony under Federal or State law; ``(2) committed while the individual is a Member of Congress; ``(3) which occurs in connection with the individual's service as a Member of Congress; and ``(4) which occurs after the date of enactment of this subsection.''. (d) Absence from United States to Avoid Prosecution.--Section 8313(a)(1) of title 5, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (A); (2) by striking ``and'' at the end of subparagraph (B) and inserting ``or''; and (3) by adding at the end the following: ``(C) after the date of enactment of subsection (d) of section 8312, for an offense described in such subsection; and''. (e) Refund of Contributions and Deposits To Be Without Interest.-- Section 8316(b) of title 5, United States Code, is amended-- (1) by striking ``or'' at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ``; or''; and (3) by adding at the end the following: ``(3) if the individual was convicted of an offense named by subsection (d) of section 8312, for the period after the conviction.''. (f) Restoration of Annuity or Retired Pay.-- (1) Effect of pardon by governor.--Section 8318(a) of title 5, United States Code, is amended by inserting after ``is pardoned by the President'' the following: ``(or, in the case of a felony under State law described in section 8312(d), by the Governor)''. (2) Limitation.--Section 8318(c) of title 5, United States Code, is amended by inserting after ``President'' the following: ``(or a Governor)''. (g) Definition.--As used in the amendments made by this section, the term ``Member of Congress'' or ``Member'' includes a Delegate to the House of Representatives and the Resident Commissioner from Puerto Rico.

Congressional Pension Limitation and Reform Act - Amends Federal civil service law to limit to 12 years (with certain exceptions) the number of years that a Member of Congress may participate in either the Civil Service Retirement System or the Federal Employees' Retirement System. Prohibits an individual or his or her survivor or beneficiary from being paid annuity or retired pay on the basis of the individual's creditable service if the individual is convicted of an act or ommission: (1) which is a felony under Federal or State law; (2) committed while the individual is a Member of Congress; (3) which occurs in connection with the individual's service as a Member of Congress; and (4) which occurs after the enactment of this Act. Applies the same prohibition to such an individual who: (1) is under indictment after the enactment of this Act for such offense; or (2) willfully remains outside the United States or its territories and possessions for more than one year with knowledge of the indictment or charge. Prohibits interest from being computed on an individual's refund of contributions and deposits paid toward annuity or retired pay if such individual was convicted of such an offense in this Act for the period after the conviction. Authorizes, under specified conditions, the restoration of such annuity or retired pay if the individual is pardoned by the Governor in the case of a felony under State law.

Congressional Pension Limitation and Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Multiemployer Pension Plan Procedural Fairness Act of 2003''. SEC. 2. AMENDMENT TO THE INTERNAL REVENUE CODE OF 1986. (a) In General.--Section 414(f) of the Internal Revenue Code of 1986 is amended-- (1) by striking paragraph (2) and inserting the following: ``(2) Common control.-- ``(A) In general.--For purposes of this subsection and subtitle E of title IV of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1381 et seq.), all trades or businesses (whether or not incorporated) which are under common control within the meaning of subsection (c) are considered a single employer. ``(B) Principal purpose test.--If a principal purpose of any transaction is to evade or avoid liability under subtitle E of title IV of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1381 et seq.), then, subject to paragraph (6), the determination of whether one or more trades or businesses are under common control for purposes of such subtitle shall be made without regard to such transaction.'', and (2) by adding at the end the following: ``(6) Determination of common control more than 5 years following a transaction.-- ``(A) In general.--If-- ``(i) a plan sponsor of a plan determines that-- ``(I) a complete or partial withdrawal of an employer has occurred, or ``(II) an employer is liable for withdrawal liability payments with respect to the complete or partial withdrawal of an employer from the plan, ``(ii) such determination is based in whole or in part on a finding by the plan sponsor that a principal purpose of any transaction was to evade or avoid liability under subtitle E of title IV of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1381 et seq.), and ``(iii) such transaction occurred at least 5 years before the date of the complete or partial withdrawal, then the special rules under subparagraph (B) shall be used in applying section 4219(c) and section 4221(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1399(c) and 1401(a)) to the employer. ``(B) Special rules.-- ``(i) Determination.--Notwithstanding section 4221(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1401(a)(3))-- ``(I) a determination by the plan sponsor under subparagraph (A)(i) shall not be presumed to be correct, and ``(II) the plan sponsor shall have the burden to establish, by a preponderance of the evidence, each and every element of the claim for withdrawal liability. ``(ii) Procedure.--Notwithstanding section 4219(c) and section 4221(d) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1399(c) and 1401(d)), if an employer contests the plan sponsor's determination under subparagraph (A)(i) through an arbitration proceeding pursuant to section 4221(a) of such Act (29 U.S.C. 1401(a)), or through a claim brought in a court of competent jurisdiction, the employer shall not be obligated to make any withdrawal liability payments until a final decision in the arbitration, or in court, upholds the plan sponsor's determination.''. (c) Effective Date.--The amendments made by this section shall apply to any employer that receives a notification under section 4219(b)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1399(b)(1)) after October 31, 2003.

Multiemployer Pension Plan Procedural Fairness Act of 2003 - Amends Internal Revenue Code provisions concerning the common control rules for multiemployer pension plans to establish special rules with respect to any transaction made to evade or avoid liability, and made five years or more before the date of the complete or partial withdrawal, under the employer withdrawal provisions of the Employee Retirement Income Security Act.

A bill to amend the Internal Revenue Code of 1986 to provide procedural fairness in the application of the controlled group provisions to employers who contribute to multiemployer pension plans and who engage in bona fide corporate transactions.

SECTION 1. SHORT TITLE. This Act may be cited as ``The Genomes to Life Research and Development Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Department of Energy's Genomes to Life initiative involves the emerging fields of systems biology and proteomics, which address the ability to understand the composition and function of the biochemical networks and pathways that carry out the essential processes of living organisms. (2) The Genomes to Life initiative builds on the Department of Energy's integral role in the Human Genome Project, which has led to the mapping, sequencing and identification of genetic material. Genomes to Life will go beyond mapping to develop an understanding of how genetic components interact to perform cellular activities vital to life. (3) The ability of the United States to respond to the national security, energy and environmental challenges of the 21st century will be driven by science and technology. An integrated and predictive understanding of biological systems will enable the United States to develop new technologies related to the detection of biological and chemical agents, energy production, carbon sequestration, bioremediation and other Department of Energy statutory missions. These advances will also enhance the strength of U.S. science, technology, and medicine generally. (4) The fundamental intellectual challenges inherent in the Genomes to Life initiative are considerable, and require public support for basic and applied research and development. Significant advances in areas such as the characterization of multiprotein complexes and gene regulatory networks will be required before biologically-based solutions and technologies will be useful in national security applications, as well as to the energy, medical and agricultural industries. (5) The development of new scientific instruments will also be required to advance Genomes to Life research. Such instruments are likely to be large and costly. Specialized facilities are also likely to be required in order to advance the field and to realize its promise. Such facilities will be sufficiently expensive that they will have to be located and constructed on a centralized basis, similar to a number of unique facilities already managed by the Department of Energy. (6) Contributions from individual researchers as well as multidisciplinary research teams will be required to advance systems biology and proteomics. (7) The Department of Energy's Office of Science is well suited to manage systems biology and proteomics research for the Department. Through its support of research and development pursuant to the Department's statutory authorities, the Office of Science is the principal federal supporter of the research and development in the physical and computational sciences. The Office is also a significant source of federal support for research in genomics and the life sciences. The Office supports research and development by individual investigators and multidisciplinary teams, and manages special user facilities that serve investigators in both university and industry. SEC. 3. DEPARTMENT OF ENERGY PROGRAM. (a) Establishment.--The Secretary shall carry out a program of research, development, demonstration, and commercial application, to be known as the Genomes to Life Program, in systems biology and proteomics consistent with the Department's statutory authorities. (b) Planning.-- (1) In general.--The Secretary shall prepare a program plan describing how knowledge and capabilities would be developed by the program and applied to Department missions relating to energy, environmental cleanup, and mitigation of global climate change. (2) Consultation.--The program plan will be developed in consultation with other relevant Department technology programs. (3) Long-term goals.--The program plan shall focus science and technology on long-term goals including-- (A) contributing to U.S. independence from foreign energy sources, (B) stabilizing atmospheric levels of carbon dioxide to counter global warming, (C) advancing environmental cleanup, and (D) providing the science and technology basis for new industries in biotechnology. (4) Specific goals.--The program plan shall identify appropriate research, development, demonstration, and commercial application activities to address the following issues within the next decade-- (A) identifying new biological sources of fuels and electricity, with particular emphasis on creating biological technologies for the production and utilization of hydrogen; (B) understanding the Earth's natural carbon cycle and create strategies to stabilize atmospheric carbon dioxide; (C) developing a knowledge and capability base for exploring more cost effective cleanup strategies for Department sites; and (D) capturing key biological processes in engineered systems not requiring living cells. (c) Program Execution.--In carrying out the program under this Act, the Secretary shall-- (1) support individual investigators and multidisciplinary teams of investigators; (2) subject to subsection (d), develop, plan, construct, acquire, or operate special equipment or facilities for the use of investigators conducting research, development, demonstration, or commercial application in systems biology and proteomics; (3) support technology transfer activities to benefit industry and other users of systems biology and proteomics; (4) coordinate activities by the Department with industry and other federal agencies; and (5) award funds authorized under this Act only after an impartial review of the scientific and technical merit of the proposals for such awards has been carried out by or for the Department. (d) Genomes to Life User Facilities and Ancillary Equipment.-- (1) Authorization.--Within the funds authorized to be appropriated pursuant to this Act, the amounts specified under section 4(b) shall, subject to appropriations, be available for projects to develop, plan, construct, acquire, or operate special equipment, instrumentation, or facilities for investigators conducting research, development, demonstration, and commercial application in systems biology and proteomics and associated biological disciplines. (2) Projects.--Projects under paragraph (1) may include-- (A) the identification and characterization of multiprotein complexes; (B) characterization of gene regulatory networks; characterization of the functional repertoire of complex microbial communities in their natural environments at the molecular level; and (C) development of computational methods and capabilities to advance understanding of complex biological systems and predict their behavior. (3) Facilities.--Facilities under paragraph (1) may include facilities for-- (A) the production and characterization of proteins; (B) whole proteome analysis; (C) characterization and imaging of molecular machines; and (D) analysis and modeling of cellular systems. (4) Collaboration.--The Secretary shall encourage collaborations among universities, laboratories and industry at facilities under this subsection. All facilities under this subsection shall have a specific mission of technology transfer to other institutions. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Total Authorization.--The following sums are authorized to be appropriated to the Secretary, to remain available until expended, for the purposes of carrying out this Act: (1) $100,000,000 for fiscal year 2004. (2) $170,000,000 for fiscal year 2005. (3) $325,000,000 for fiscal year 2006. (4) $415,000,000 for fiscal year 2007. (5) $455,000,000 for fiscal year 2008. (b) User Facilities and Ancillary Equipment.--Of the funds under subsection (a), the following sums are authorized to be appropriated to carry out section 3(d): (1) $16,000,000 for fiscal year 2004. (2) $70,000,000 for fiscal year 2005. (3) $175,000,000 for fiscal year 2006. (4) $215,000,000 for fiscal year 2007. (5) $205,000,000 for fiscal year 2008. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Department.--The term ``Department'' means the Department of Energy. (2) Proteomics.--The term ``proteomics'' means the determination of the structure, function, and expression of the proteins encoded in any genome, including new protein sequences encoded in a genome for which the structural or functional correlates are not currently known. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy, acting through the Biological and Environmental Research Program of the Office of Science of the Department.

The Genomes to Life Research and Development Act - Directs the Secretary of Energy to implement a program of research, development, demonstration, and commercial application, to be known as the Genomes to Life Program, in systems biology and proteomics (the determination of the structure, function, and expression of proteins encoded in any genome, including new protein sequences encoded in a genome for which the structural or functional correlates are not currently known). Directs the Secretary to prepare a program plan describing how knowledge and capabilities would be developed and applied to Department of Energy missions relating to energy, environmental cleanup, and mitigation of global climate change.

A bill to authorize funding for Genomes to Life Research and Development at the Department of Energy for fiscal years 2004 through 2008.

SECTION 1. SHORT TITLE. This Act may be cited as the ``NIST Grants for Energy Efficiency, New Job Opportunities, and Business Solutions Act of 2010'' or the ``NIST GREEN JOBS Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Over its 20-year existence, the Hollings Manufacturing Extension Partnership Program has proven its value to manufacturers as demonstrated by the resulting impact on jobs and the economies of all 50 States and the Nation as a whole. (2) The Hollings Manufacturing Extension Partnership Program has helped thousands of companies reinvest in themselves through process improvement and business growth initiatives leading to more sales, new markets, and the adoption of technology to deliver new products and services. (3) Manufacturing is an increasingly important part of the construction sector as the industry moves to the use of more components and factory built sub-assemblies. (4) Construction practices must become more efficient and precise if the United States is to construct and renovate its building stock to reduce related carbon emissions to levels that are consistent with combating global warming. (5) Many companies involved in construction are small, without access to innovative manufacturing techniques, and could benefit from the type of training and business analysis activities that the Manufacturing Extension Partnership routinely provides to the Nation's manufacturers and their supply chains. (6) Broadening the competitiveness grant program under section 25(f) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(f)) could help develop and diffuse knowledge necessary to capture a large portion of the estimated $100 billion dollars or more in energy savings if buildings in the United States met the level and quality of energy efficiency now found in buildings in certain other countries. (7) It is therefore in the national interest to expand the capabilities of the Manufacturing Extension Partnership to be supportive of the construction and green energy industries. SEC. 3. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY COMPETITIVE GRANT PROGRAM. (a) In General.--Section 25(f)(3) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(f)(3)) is amended-- (1) by striking ``to develop'' in the first sentence and inserting ``to add capabilities to the MEP program, including the development of''; and (2) by striking the last sentence and inserting ``These themes-- ``(A) shall be related to projects designed to increase the viability both of traditional manufacturing sectors and other sectors, such as construction, that increasingly rely on manufacturing through the use of manufactured components and manufacturing techniques, including supply chain integration and quality management; ``(B) shall be related to projects related to the transfer of technology based on the technological needs of manufacturers and available technologies from institutions of higher education, laboratories, and other technology producing entities; and ``(C) may extend beyond these traditional areas to include projects related to construction industry modernization.''. (b) Selection.--Section 25(f)(5) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(f)(5)) is amended to read as follows: ``(5) Selection.--Awards under this section shall be peer reviewed and competitively awarded. The Director shall endeavor to select at least one proposal in each of the 9 statistical divisions of the United States (as designated by the Bureau of the Census). The Director shall select proposals to receive awards that will-- ``(A) create jobs or train newly hired employees; ``(B) promote technology transfer and commercialization of environmentally focused materials, products, and processes; ``(C) increase energy efficiency; and ``(D) improve the competitiveness of industries in the region in which the Center or Centers are located.''. (c) Other Modifications.--Section 25(f) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(f)) is amended-- (1) by adding at the end the following: ``(7) Duration.--Awards under this section shall last no longer than 3 years. ``(8) Eligible participants.--In addition to manufacturing firms eligible to participate in the Centers program, awards under this subsection may be used by the Centers to assist small or medium-sized construction firms. ``(9) Authorization of appropriations.--In addition to any amounts otherwise authorized or appropriated to carry out this section, there are authorized to be appropriated to the Secretary of Commerce $7,000,000 for each of the fiscal years 2011 through 2014 to carry out this subsection.''.

NIST Grants for Energy Efficiency, New Job Opportunities, and Business Solutions Act of 2010 or the NIST GREEN JOBS Act of 2010 - Amends the National Institute of Standards and Technology Act to require the themes under the competitive grant program within the Regional Centers for the Transfer of Manufacturing Technology program to be related to projects: (1) designed to increase the viability both of traditional manufacturing sectors and other sectors, such as construction, that increasingly rely on manufacturing through the use of manufactured components and manufacturing techniques, including supply chain integration and quality management; and (2) related to the transfer of technology based on the technological needs of manufacturers and available technologies from institutions of higher education, laboratories, and other technology producing entities. Authorizes such themes to extend beyond such areas to include projects related to construction industry modernization. Revises the selection criteria for such grants. Requires the Director of the National Institute of Standards and Technology (NIST) to: (1) endeavor to select at least one proposal in each of the nine statistical divisions of the United States (as designated by the Bureau of the Census) for a grant; and (2) award grants to proposals that will create jobs or train newly hired employees, promote technology transfer and commercialization of environmentally focused materials, products, and processes, increase energy efficiency, and improve the competitiveness of industries in regions in which the Centers are located. Limits award duration to three years. Authorizes awards to be used by Centers to assist small or medium-sized construction firms. Authorizes appropriations for FY2011-FY2014.

A bill to create jobs, increase energy efficiency, and promote technology transfer, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Employment and Transition Services Act''. SEC. 2. EXTENSION OF REPORTING REQUIREMENTS ON EQUITABLE RELIEF CASES. Section 503(c) of title 38, United States Code, is amended by striking ``December 31, 2004'' and inserting ``December 31, 2009''. SEC. 3. VETERAN-TO-VETERAN PRESEPARATION COUNSELING. (a) Accessibility of Information.-- (1) In general.--Chapter 58 of title 10, United States Code, is amended by adding at the end the following: ``Sec. 1154. Veteran-to-veteran preseparation counseling ``(a) Cooperation Required.--The Secretary of Defense and the Secretary of Homeland Security shall carry out a program to facilitate the access of representatives of military and veterans' service organizations and representatives of military and veterans' services agencies of States to provide preseparation counseling and services to members of the armed forces who are scheduled, or are in the process of being scheduled, for discharge, release from active duty, or retirement. ``(b) Elements of Program.--The program carried out under this section shall-- ``(1) authorize representatives of military and veterans' service organizations and representatives of military and veterans' services agencies of States to participate in the preseparation counseling and other assistance provided to members under the programs carried out under sections 1142 and 1144 of this title; and ``(2) provide support for the outreach programs of such organizations and agencies by providing the organizations and agencies with the names and addresses of members of the armed forces described in subsection (a). ``(c) Locations.--Subject to subsection (e), the program under this section shall provide for access to members-- ``(1) at each installation of the armed forces; ``(2) at each armory and military family support center of the National Guard; ``(3) at each inpatient medical care facility of the uniformed services administered under chapter 55 of this title; and ``(4) in the case of a member on the temporary disability retired list under section 1202 or 1205 of this title who is being retired under another provision of this title or is being discharged, at a location reasonably convenient to the member. ``(d) Waiver of Access Restrictions.--In carrying out elements of the program described in subsection (b), the Secretary of Defense and the Secretary of Homeland Security may waive the applicable provisions of the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note) to the extent necessary to ensure that representatives of military and veterans' service organizations and representatives of military and veterans' services agencies of States have access to members and former members of the uniformed services in medical treatment facilities of the uniformed services to fulfill the purposes of this title. ``(e) Consent of Members Required.--Access to a member of the armed forces under the program under this section is subject to the consent of the member.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 58 of title 10, United States Code, is amended by adding at the end the following: ``1154. Veteran-to-veteran preseparation counseling.''. (b) Department of Veterans Affairs.-- (1) In general.--Subchapter I of chapter 17 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 1709. Veteran-to-veteran counseling ``(a) Cooperation Required.--The Secretary shall carry out a program to facilitate the access of representatives of military and veterans' service organizations and representatives of military and veterans' services agencies of States to veterans, furnished care and services under this chapter to provide information and counseling to such veterans on the care and services authorized by this chapter, and other benefits and services available under the laws administered by the Secretary. ``(b) Facilities Covered.--Subject to subsection (d), the program carried out under this section shall provide for access to veterans described in subsection (a) at each facility of the Department or non- Department facility at which the Secretary furnishes care and services under this chapter. ``(c) Waiver of Access Restrictions.--In carrying out the program under this section, the Secretary may waive the applicable provisions of the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note) to the extent necessary to ensure that representatives of military and veterans' service organizations and representatives of military and veterans' services agencies of States have access to veterans described in subsection (a) at the facilities referred to in subsection (b) to fulfill the purposes of this title. ``(d) Consent of Veterans Required.--Access to a veteran under the program under this section is subject to the consent of the veteran.''. (2) The table of sections at the beginning of chapter 17 of title 38, United States Code, is amended by inserting after the item relating to section 1708 the following: ``1709. Veteran-to-veteran counseling.''. SEC. 4. SEPARATION COUNSELING AND TRANSITION ASSISTANCE. (a) Separation of Reenlistment and Separation Counseling.--Section 1142(a) of title 10, United States Code, is amended by adding at the end the following: ``(4) The Secretary concerned shall ensure that preseparation counseling under this section is provided by personnel and offices that are not responsible for encouraging service members to reenlist so that readjustment counselors can focus completely on assisting separating service members.''. (b) Transition Assistance Program.--Section 1144(c) of title 10, United States Code, is amended-- (1) by striking ``shall encourage'' and inserting ``shall-- ``(1) encourage''; (2) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(2) establish separation assistance participation rates as a performance measure for commanding officers to ensure that such officers actively encourage such members to participate in the program under this section; and ``(3) submit a report to Congress, not later than March 31 of each year, describing the rates of participation in such program by each branch of service and at each military installation.''.

Veterans Employment and Transition Services Act - Extends through 2009 (currently, 2004) a requirement for annual reports from the Secretary of Veterans Affairs to Congress on equitable relief provided by the Department of Veterans Affairs to veterans and their dependents following a loss of benefits because of Department administrative error. Directs the Secretaries of Defense and Homeland Security to carry out a program to facilitate access of representatives of military and veterans' service organizations and agencies to provide preseparation counseling and services to members of the Armed Forces who are scheduled for discharge, release from active duty, or retirement. Directs the Secretary of Veterans Affairs to carry out a similar program for facilitating the access of such representatives to provide information and counseling to veterans on the care, benefits, and services offered through the Department. Directs the Secretary of the military department concerned to ensure that preseparation counseling is provided by personnel and offices that are not responsible for encouraging service members to reenlist.

A bill to amend title 38, United States Code, to extend the requirement for reports from the Secretary of Veterans Affairs on the disposition of cases recommended to the Secretary for equitable relief due to administrative error and to provide improved benefits and procedures for the transition of member of the Armed Forces from combat zones to noncombat zones and for the transition of veterans from service in the Armed Forces to civilian life.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Trafficking Prevention Act of 2013''. SEC. 2. FIREARMS TRAFFICKING. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 932. Trafficking in firearms ``(a) Offenses.--It shall be unlawful for any person, regardless of whether anything of value is exchanged-- ``(1) to ship, transport, transfer, or otherwise dispose to a person, 2 or more firearms in or affecting interstate or foreign commerce, if the transferor knows or has reasonable cause to believe that such use, carry, possession, or disposition of the firearm would be in violation of, or would result in a violation of any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year; ``(2) to receive from a person, 2 or more firearms in or affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of, or would result in a violation of any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year; ``(3) to make false statements regarding an actual buyer to a licensed importer, licensed manufacturer, or licensed dealer, relating to the purchase, receipt, or acquisition from a licensed importer, licensed manufacturer, or licensed dealer of 2 or more firearms that have moved in or affected interstate or foreign commerce; or ``(4) to direct, promote, or facilitate conduct specified in paragraphs (1), (2), or (3). ``(b) Gift Exceptions.--Subsection (a) shall not apply to a firearm that is-- ``(1) lawfully acquired by a person to be given to another person not prohibited from possessing a firearm under Federal or State law as a gift; or ``(2) lawfully received or otherwise acquired by a court- appointed trustee, receiver, or conservator for, or on behalf of, an estate or creditor or by a person to carry out a bequest, or an acquisition by intestate succession under the laws of the State of residence of the person. ``(c) Penalties.-- ``(1) In general.--Any person who violates, or conspires to violate, subsection (a) shall be fined under this title, imprisoned for not more than 20 years, or both. ``(2) Organizer enhancement.--If a violation of subsection (a) is committed by a person in concert with 5 or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, such person may be sentenced to an additional term of imprisonment of not more than 5 consecutive years. ``(d) Definitions.--In this subsection-- ``(1) the term `actual buyer' means the individual for whom the firearm is being purchased, as described in paragraph (1)(C); and ``(2) the term `term of imprisonment exceeding 1 year' does not include any offense classified by such jurisdiction as a misdemeanor and punishable by a term of imprisonment of 2 years or less.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``932. Trafficking in firearms.''. (c) Directive to the Sentencing Commission.-- (1) In general.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of offenses under section 932 of title 18, United States Code (as added by subsection (a)). (2) Requirements.--In carrying out this section, the Commission shall-- (A) review the penalty structure that the guidelines currently provide based on the number of firearms involved in the offense and determine whether any changes to that penalty structure are appropriate in order to reflect the intent of Congress that such penalties reflect the gravity of the offense; and (B) review and amend, if appropriate, the guidelines and policy statements to reflect the intent of Congress that guideline penalties for violations of section 932 of title 18, United States Code, and similar offenses be increased substantially when committed by a person who is a member of a gang, cartel, organized crime ring, or other such enterprise or in concert with another person who is a member of a gang, cartel, organized crime ring or other such enterprise.

Gun Trafficking Prevention Act of 2013 - Amends the federal criminal code to prohibit: (1) transferring two or more firearms to, or receiving two or more firearms from, a person in interstate or foreign commerce knowing or with the reasonable belief that such transfer, possession, or receipt of a firearm would violate a federal, state, or local law punishable by a prison term of more than one year; (2) making false statements regarding an actual buyer to a licensed firearm importer, dealer, or manufacturer relating to the purchase, receipt, or acquisition of two or more firearms that have moved in or affected interstate or foreign commerce; (3) directing, promoting, or facilitating such conduct; or (4) conspiring to commit such conduct. Authorizes an enhanced penalty for someone who organizes or supervises such conduct. Makes exceptions for a firearm that is lawfully acquired: (1) to be given to another person not prohibited from possessing it under federal or state law as a gift; or (2) by a court-appointed trustee, receiver, or conservator on behalf of an estate or creditor, to carry out a bequest, or in an acquisition by intestate succession. Directs the U.S. Sentencing Commission to review and, if appropriate, amend the federal sentencing guidelines and policy statements applicable to persons convicted of offenses under this Act.

Gun Trafficking Prevention Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expedited Remedy for Persistent Dumping Act of 2001''. SEC. 2. EXPEDITED REMEDY WHERE PERSISTENT DUMPING IS PRESENT. Section 732(a)(2) of the Tariff Act of 1930 (19 U.S.C. 1673a(a)(2)) is amended-- (1) by striking subparagraph (A) and inserting the following: ``(A) Initiation of expedited investigation.--An expedited antidumping duty investigation shall be initiated with respect to a particular class or kind of merchandise that is subject to an existing antidumping order within 20 days of the request of an interested party described in subparagraph (C), (D), (E), (F), or (G) of section 771(9), if the administering authority determines, from information available to it, that imports of such class or kind of merchandise have increased materially from an additional supplier country, as defined in subparagraph (C), during a period of 90 days or during a longer period as determined by the administering authority to be appropriate. The request shall allege and present supporting information that such imports are occurring. The administering authority, in making a determination under this subparagraph, shall consider the public record of its investigation of imports of merchandise subject to the existing antidumping order.''; (2) by striking subparagraph (B) and inserting the following: ``(B) Increased materially.--The administering authority shall consider imports of merchandise from an additional supplier country to have increased materially if such imports have increased by 15 percent or more over the amount of such imports during a period of comparable duration preceding initiation of the antidumping investigation of imports of merchandise subject to the existing antidumping order.''; and (3) by striking subparagraph (D) and inserting the following: ``(D) Procedures and injury determinations for expedited investigations.-- ``(i) The provisions of subsections (b)(3), (c)(4), (d), and (e) of this section, section 733 (b), (d), and (e), section 734 (a), (b), (c), (d), (e), (f), (i), (k), and (l), and section 735 (a), (c), (d), and (e) shall apply to expedited investigations under this paragraph, except that the administering authority shall issue a preliminary determination within 90 days of receiving a request for an investigation under subparagraph (A). ``(ii) Not later than 45 days after the date on which the request under subparagraph (A) is received by the administering authority, the Commission shall determine if there is a reasonable indication of material injury or threat of material injury as prescribed in section 733(a)(1). ``(iii) If the Commission makes an affirmative determination that there is a reasonable indication of material injury and the administering authority makes an affirmative final determination, The Commission shall make a final determination as prescribed in section 735(b)(1) before the later of-- ``(I) the 120th day after the day on which the administering authority makes its affirmative preliminary determination under this subparagraph, or ``(II) the 45th day after the day on which the administering authority makes its affirmative final determination under section 735(a). ``(iv) The Commission shall make a determination under this subparagraph from reasonably available information (including public information on the administrative record of its investigation of imports of merchandise subject to the existing antidumping order). ``(v) An affirmative final determination shall not be made unless the Commission determines pursuant to the factors described in sections 735(b)(1) and 771(7) that an industry in the United States is materially injured, or threatened with material injury, by reason of imports of the subject merchandise and that imports of the subject merchandise are not negligible.''. SEC. 3. REIMBURSEMENT OF DUTIES. Section 772(c)(2) of the Tariff Act of 1930 (19 U.S.C. 1677a(c)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting a comma; and (3) by adding at the end the following new subparagraphs: ``(C) an amount equal to the dumping margin calculated under section 771(35)(A), unless the producer or exporter is able to demonstrate that the importer was in no way reimbursed for any antidumping duties paid, and ``(D) an amount equal to the net countervailable subsidy calculated under section 771(6), unless the producer or exporter is able to demonstrate that the importer was in no way reimbursed for any countervailing duties paid.''. SEC. 4. APPLICATION TO CANADA AND MEXICO. Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act, the amendments made by this Act shall apply with respect to goods from Canada and Mexico.

Expedited Remedy for Persistent Dumping Act of 2001 - Revises federal tariff law provisions concerning monitoring cases of suspected persistent dumping to: (1) provide for an expedited antidumping investigation of merchandise from an additional supplier country if the Commerce Department discerns imports of merchandise from the additional supplier country have increased by 15 percent or more during a period of 90 days or longer; and (2) establish Department Commerce and International Trade Commission procedures and deadlines for making determinations as to whether or not dumping and injury have occurred.Adds specific conditions for reducing the price used to establish export price or "constructed export price," meaning the amount at which the merchandise is first sold or agreed to be sold in the United States by or for the producer or exporter.

To amend the Tariff Act of 1930 to provide for an expedited antidumping investigation when imports increase materially from new suppliers after an antidumping order has been issued, and to amend the provision relating to adjustments to export price and constructed export price.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Emergency Acute Care Hospital Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the University of North Carolina's Center for Health Services Research, 55 rural hospitals have closed in the Unites States since January 2010. (2) In 2014, iVantage conducted a study for the National Rural Health Association and found 283 hospitals at risk of closure based upon performance indicators that matched those facilities already forced to close in this decade. (3) Researchers at the University of North Carolina identified inpatient volume as a substantial contributing factor to the financial performance of rural hospitals, with many of the at-risk hospitals having an average daily bed census of less than 2. (4) Adverse impacts to the local economy and the loss of timely access to emergency medical care are 2 major effects of rural hospital closures. (5) According to the National Center for Rural Health Works, the typical rural hospital creates over 140 jobs and generates $6,800,000 in compensation while serving an average population of 14,600. (6) The 2014 iVantage study estimates that the 283 at-risk hospitals could result in the loss of 36,000 health care jobs, 50,000 community jobs, and $10,600,000,000 in gross domestic product. (7) Time is the most critical factor for achieving successful outcomes in emergency medicine, and emergency medical clinicians refer to the time-sensitive period during which successful outcomes may be best achieved as the ``golden hour''. (8) The National Conference of State Legislatures states that 60 percent of trauma deaths in the United States occur in rural areas, where only 15 percent of the population is represented. (9) The disproportionate percentage of trauma deaths in rural areas is likely attributable in large part to a combination of response time to the scene and distance to the nearest emergency room to stabilize trauma victims. (10) The percentage of trauma deaths occurring in rural areas could continue to increase as more rural hospitals close, further limiting access to emergency services and requiring patients to travel longer distances to receive emergency medical care. (11) The creation of a rural emergency hospital designation under the Medicare program will allow facilities in rural areas to provide emergency medical services without having to maintain inpatient beds. (12) In addition to providing emergency care, rural emergency hospitals could convert the space previously used for inpatient services to provide other medical services including, but not limited to, observation care, skilled nursing facility care, infusion services, hemodialysis, home health, hospice, nursing home care, population health, and telemedicine services. SEC. 3. RURAL EMERGENCY HOSPITAL PROGRAM. (a) In General.-- (1) Rural emergency hospital and services defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (A) in subsection (e), in the last sentence of the matter following paragraph (9), by inserting ``or a rural emergency hospital (as defined in section 1861(iii)(1))'' before the period at the end; and (B) by adding at the end the following subsection: ``Rural Emergency Hospital; Rural Emergency Hospital Outpatient Services ``(iii)(1) The term `rural emergency hospital' means a facility that-- ``(A)(i) as of December 31, 2014-- ``(I) was a critical access hospital; or ``(II) was a hospital with not more than 50 beds located in a county (or equivalent unit of local government) in a rural area (as defined in section 1886(d)(2)(D)), or was a hospital with not more than 50 beds that was treated as being located in a rural area pursuant to section 1886(d)(8)(E); or ``(ii) was a critical access hospital described in clause (i)(I) or a hospital described in clause (i)(II) that ceased operations during the period beginning on the date that is 5 years prior to the date of the enactment of this subsection and ending on December 30, 2014; ``(B) provides 24-hour emergency medical care and observation care that does not exceed an annual per patient average of 24 hours or more than 1 midnight; ``(C) does not provide any acute care inpatient beds and has protocols in place for the timely transfer of patients who require acute care inpatient services or other inpatient services; ``(D) has elected to be designated as a rural emergency hospital; ``(E) has received approval to operate as a rural emergency hospital from the State under section 1834(r)(3)(A); and ``(F) is certified by the Secretary under section 1834(r)(3)(B). ``(2) The term `rural emergency hospital outpatient services' means medical and other health services furnished by a rural emergency hospital on an outpatient basis. ``(3) Nothing in this subsection or section 1834(r)(3) shall be construed to prohibit a rural emergency hospital from providing extended care services.''. (2) Payment for rural emergency hospital services.-- (A) In general.--Section 1833(a) of the Social Security Act (42 U.S.C. 1395l(a)) is amended-- (i) in paragraph (8), by striking ``and'' at the end; (ii) in paragraph (9), by striking the period at the end and inserting ``; and''; and (iii) by inserting after paragraph (9) the following new paragraph: ``(10) in the case of rural emergency hospital emergency services and services provided by a rural emergency hospital or other provider of ambulance services to transport patients who require acute care inpatient services or other inpatient services from such rural emergency hospital to a hospital or critical access hospital, the amounts described in section 1834(r).''. (B) Payment amount.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following subsection: ``(r) Payment Rules Relating to Rural Emergency Hospitals.-- ``(1) Payment for rural emergency hospital outpatient services.-- ``(A) In general.--The amount of payment for rural emergency hospital outpatient services of a rural emergency hospital is equal to 110 percent of the reasonable costs of providing such services. ``(B) Telehealth services.--For purposes of this paragraph, in determining the reasonable costs of providing rural emergency hospital outpatient services, costs associated with having a backup physician available via a telecommunications system shall be considered reasonable costs. ``(2) Payment for transportation services.--The amount of payment for services provided by a rural emergency hospital or other provider of ambulance services to transport patients who require acute care inpatient services or other inpatient services from such rural emergency hospital to a hospital or critical access hospital is equal to 110 percent of the reasonable costs of providing such services. ``(3) Requirements for rural emergency hospitals.-- ``(A) State approval to operate as a rural emergency hospital.--No payment shall be made under this subsection to a facility, or to a provider of ambulance services providing transportation services from such facility, unless the State in which the facility is located has approved the facility's designation as a rural emergency hospital. ``(B) Certification of rural emergency hospital.-- ``(i) In general.--No payment shall be made under this subsection to a facility, or to a provider of ambulance services providing transportation services from such facility, unless the facility has been certified by the Secretary as a rural emergency hospital. ``(ii) Certification requirements.--The Secretary shall certify a facility as a rural emergency hospital if the facility-- ``(I) meets the criteria for rural emergency hospitals described in subparagraphs (A) through (E) of section 1861(iii)(1); ``(II) either-- ``(aa) is verified by the American College of Surgeons as having the resources required of a level IV trauma center or higher; or ``(bb) employs healthcare professionals that successfully completed the Advanced Trauma Life Support Course offered by the American College of Surgeons within the preceding 4 years; ``(III) has in effect a transfer agreement with a level I or level II trauma center; and ``(IV) meets such staff training and certification requirements as the Secretary may require. ``(4) Coinsurance.-- ``(A) In general.--The amount of payment for rural emergency hospital services or transportation services made to a rural emergency hospital or other provider of ambulance services under this subsection shall be reduced by the coinsurance amount described in subparagraph (B). ``(B) Coinsurance amount.--The coinsurance amount described in this subparagraph, with respect to an item or service provided by a rural emergency hospital or provider of ambulance services, shall be calculated in the same manner as the coinsurance amount for an outpatient critical access hospital service is calculated under section 1866(a)(2).''. (b) Waiver of Distance Requirement for Replacement CAHs; Subsequent Redesignation of Rural Emergency Hospitals as CAHs.--Section 1820(c)(2) of the Social Security Act (42 U.S.C. 1395i-4(c)(2)) is amended-- (1) in subparagraph (B)(i)(I), by inserting ``subject to subparagraph (F),'' before ``is located''; and (2) by adding at the end the following new subparagraphs: ``(F) Option to waive distance requirement.-- Beginning on the date of the enactment of this subparagraph, for every critical access hospital located in a State that is certified as a rural emergency hospital under section 1834(r)(3)(B), the State shall have the option of waiving the distance requirement described in subparagraph (B)(i)(I) with respect to another facility located in the State that is seeking designation as a critical access hospital under this paragraph. ``(G) Redesignation of a rural emergency hospital as a critical access hospital.--A rural emergency hospital that was previously designated as a critical access hospital under this paragraph may elect to be redesignated as a critical access hospital (in the same manner that the hospital was originally designated as a critical access hospital) at any time, subject to such conditions as the Secretary may establish.''. (c) Studies and Reports.-- (1) Studies.--The Secretary of Health & Human Services shall conduct 3 studies to evaluate the impact of rural emergency hospitals on the availability of health care and health outcomes in rural areas (as defined in section 1886(d)(2)(D) of the Social Security Act (42 U.S.C. 1395ww)). The Secretary shall conduct a study-- (A) 2 years after the date of the enactment of this Act; (B) 5 years after the date of the enactment of this Act; and (C) 10 years after the date of the enactment of this Act. (2) Reports.--Not later than 6 months after each date that the Secretary of Health & Human Services is required to conduct a study under paragraph (1), the Secretary shall submit a report to Congress containing the results of each such study. (d) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after the date that is 1 year after the date of the enactment of this Act. SEC. 4. INCLUSION OF EMERGENCY MEDICINE AS HEALTH SERVICES UNDER THE NATIONAL HEALTH SERVICE CORPS. Section 331(a)(3)(D) of the Public Health Service Act (42 U.S.C. 254d(a)(3)(D)) is amended by inserting ``, and includes emergency medicine provided by physicians in a rural emergency hospital (as defined in section 1861(iii) of the Social Security Act)'' before the period. SEC. 5. PERMITTING HOSPITALS WITH APPROVED RESIDENCY PROGRAMS IN EMERGENCY MEDICINE TO INCLUDE TIME SPENT BY INTERNS AND RESIDENTS IN THE EMERGENCY DEPARTMENT OF A RURAL HOSPITAL IN FULL-TIME EQUIVALENT COUNT. (a) Indirect Medical Education.--Section 1886(d)(5)(B)(iv) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(iv)) is amended by adding at the end the following new subclause: ``(III) Effective for discharges occurring on or after October 1, 2015, all of the time spent in patient care activities in the emergency department of a rural hospital by interns and residents in emergency medicine from a hospital with an approved medical residency training program (as defined in subsection (h)(5)(A)) in such specialty shall be included in determining the number of full-time equivalent interns and residents in such program if the hospital with such program incurs the costs of the stipends and fringe benefits of the interns or residents during the time the interns or residents spend in that rural hospital in accordance with subclause (II). In this subclause, the term `rural hospital' means a hospital that is located in a rural area (as defined for purposes of paragraph (2)(D)).''. (b) Direct Medical Education.--Section 1886(h)(4)(E) of the Social Security Act (42 U.S.C. 1395(h)(4)) is amended-- (1) in clause (ii), by striking the period at the end and inserting ``; and''; (2) by inserting after clause (ii) the following new clause: ``(iii) effective for cost reporting periods beginning on or after July 1, 2015, all of the time so spent in the emergency department of a rural hospital by residents in emergency medicine from a hospital with an approved medical residency training program in such specialty shall be counted towards the determination of full-time equivalency in such program if the hospital with such program bears all, or substantially all, of the costs of training such residents in the rural hospital. In this subparagraph, the term `rural hospital' means a hospital that is located in a rural area (as defined for purposes of subsection (d)(2)(D)).''; and (3) by adding at the end the following new sentence: ``For purposes of this subparagraph, the emergency department of a rural hospital described in clause (iii) is a nonprovider setting.''.

Rural Emergency Acute Care Hospital Act This bill amends title XVIII (Medicare) of the Social Security Act to designate as a rural emergency hospital any facility that as of December 31, 2014, was: a critical access hospital (CAH) or a hospital with at most 50 beds located in a county in a rural area or treated as located in a rural area, or one of such hospitals that ceased operations during the period beginning five years before enactment of this Act and ending on December 30, 2014. A rural emergency hospital: must provide 24-hour emergency medical care and observation care not exceeding an annual per patient average of 24 hours or more than 1 midnight, does not provide any acute care inpatient beds and has protocols in place for the timely transfer of patients who require acute care inpatient services or other inpatient services, has elected to be designated as a rural emergency hospital, has received approval to operate as one from the state, and is certified by the Department of Health and Human Services (HHS). Medicare part B (Supplementary Medical Insurance Benefits) shall cover rural emergency hospital emergency services as well as ambulance services provided by a rural emergency hospital or other provider to transport patients who require acute care inpatient services or other inpatient services from the rural emergency hospital to a hospital or a CAH. Payment for rural emergency hospital outpatient services of a rural emergency hospital, including telehealth and ambulance services, shall be 110% percent of their reasonable costs. Rural emergency hospitals must be approved by the state and certified by HHS. States shall have the option of waiving a specified distance requirement between a CAH certified as a rural emergency hospital and another facility located in the state that is seeking designation as a CAH. Primary health services which the National Health Service Corps may provide under the Public Health Service Act shall include emergency medicine provided by physicians in a rural emergency hospital. Hospitals with approved residency programs in emergency medicine shall include time spent by interns and residents in the emergency department of a rural hospital in the full-time equivalent count with respect to reimbursement for the indirect (stipend, fringe benefit) and direct (all or substantially all training) costs of medical education in subsection (d) hospitals. (Generally, a subsection [d] hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system [IPPS] when providing covered inpatient services to eligible beneficiaries.)

Rural Emergency Acute Care Hospital Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthen AmeriCorps Program Act''. SEC. 2. PROCESS OF APPROVAL OF NATIONAL SERVICE POSITIONS. (a) Definitions.--In this Act, the terms ``approved national service position'' and ``Corporation'' have the meanings given the terms in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511). (b) Timing and Recording Requirements.-- (1) In general.--Notwithstanding subtitles C and D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq., 12601 et seq.), and any other provision of law, in approving a position as an approved national service position, the Corporation-- (A) shall approve the position at the time the Corporation-- (i) enters into an enforceable agreement with an individual participant to serve in a program carried out under subtitle E of title I of that Act (42 U.S.C. 12611 et seq.) or title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.); or (ii) except as provided in clause (i), awards a grant to (or enters into a contract or cooperative agreement with) an entity to carry out a program for which such a position may be approved under section 123 of the National and Community Service Act of 1990 (42 U.S.C. 12573); and (B) shall record as an obligation an estimate of the net present value of the national service educational award associated with the position, based on a formula that takes into consideration historical rates of enrollment in such a program, and of earning and using national service educational awards for such a program. (2) Formula.--In determining the formula described in paragraph (1)(B), the Corporation shall consult with the Director of the Congressional Budget Office. (3) Certification report.--The Chief Executive Officer of the Corporation shall annually prepare and submit to Congress a report that contains a certification that the Corporation is in compliance with the requirements of paragraph (1). (4) Approval.--The requirements of this subsection shall apply to each approved national service position that the Corporation approves-- (A) during fiscal year 2003 (before or after the date of enactment of this Act); and (B) during any subsequent fiscal year. (c) Reserve Account.-- (1) Establishment and contents.-- (A) Establishment.--Notwithstanding subtitles C and D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq., 12601 et seq.), and any other provision of law, within the National Service Trust established under section 145 of the National and Community Service Act of 1990 (42 U.S.C. 12601), the Corporation shall establish a reserve account. (B) Contents.--To ensure the availability of adequate funds to support the awards of approved national service positions for each fiscal year, the Corporation shall place in the account-- (i) during fiscal year 2003, a portion of the funds that were appropriated for fiscal year 2003 or a previous fiscal year under section 501(a)(2) (42 U.S.C. 12681(a)(2)), and were made available to carry out subtitle C or D of title I of that Act, and remain available; and (ii) during fiscal year 2004 or a subsequent fiscal year, a portion of the funds that were appropriated for that fiscal year under section 501(a)(2) and were made available to carry out subtitle C or D of title I of that Act. (2) Obligation.--The Corporation shall not obligate the funds in the reserve account until the Corporation-- (A) determines that the funds will not be needed for the payment of national service educational awards associated with previously approved national service positions; or (B) obligates the funds for the payment of such awards for such previously approved national service positions. (d) Audits.--The accounts of the Corporation relating to the appropriated funds for approved national service positions, and the records demonstrating the manner in which the Corporation has recorded estimates described in subsection (b)(1)(B) as obligations, shall be audited annually by independent certified public accountants or independent licensed public accountants, certified or licensed by a regulatory authority of a State or other political subdivision of the United States in accordance with generally accepted auditing standards. A report containing the results of each such independent audit shall be included in the annual report required by subsection (b)(3). (e) Availability of Amounts.--Except as provided in subsection (c), all amounts included in the National Service Trust under paragraphs (1), (2), and (3) of section 145(a) of the National and Community Service Act of 1990 (42 U.S.C. 12601(a)) shall be available for payments of national service educational awards under section 148 of that Act (42 U.S.C. 12604).

Strengthen AmeriCorps Program Act - Revises the manner in which the Corporation for National and Community Service approves, and records obligations relating to, national service positions under the National and Community Service Act of 1990 and the Domestic Volunteer Service Act of 1973.

To improve the manner in which the Corporation for National and Community Service approves, and records obligations relating to, national service positions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Access to Sexual Health Services Act of 2016''. SEC. 2. AUTHORIZATION OF GRANTS TO SUPPORT THE ACCESS OF MARGINALIZED YOUTH TO SEXUAL HEALTH SERVICES. (a) Grants.--The Secretary may award grants on a competitive basis to eligible entities to support the access of marginalized youth to sexual health services. (b) Use of Funds.--An eligible entity that is awarded a grant under subsection (a) may use the funds to-- (1) provide medically accurate and age appropriate sexual health information to marginalized youth, including information on how to access sexual health services; (2) promote effective communication regarding sexual health among marginalized youth; (3) promote and support better health, education, and economic opportunities for school-age parents; and (4) train individuals who work with marginalized youth to promote-- (A) the prevention of unintended pregnancy; (B) the prevention of sexually transmitted infections; (C) healthy relationships; and (D) the development of safe and supportive environments. (c) Application.--To be awarded a grant under subsection (a), an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Priority.--In awarding grants under subsection (a), the Secretary shall give priority to eligible entities-- (1) with a history of supporting the access of marginalized youth to sexuality education or sexual health services; and (2) that plan to serve marginalized youth that are not served by Federal teen pregnancy prevention programs. (e) Requirements.--The Secretary may not award a grant under subsection (a) to an eligible entity unless-- (1) such eligible entity has formed a partnership with a community organization; and (2) such eligible entity agrees-- (A) to employ a scientifically effective strategy; (B) that all information provided to marginalized youth will be-- (i) age-appropriate; (ii) medically accurate; (iii) scientifically based; and (iv) provided in the language and cultural context that is most appropriate for the individuals served by the eligible entity; and (C) that for each year the eligible entity receives grant funds under subsection (a), the eligible entity shall submit to the Secretary an annual report that includes-- (i) the use of grant funds by the eligible entity; (ii) how the use of grant funds has increased the access of marginalized youth to sexual health services; and (iii) such other information as the Secretary may require. (f) Publication and Evaluations.-- (1) Evaluations.--Not less than once every 2 years after the date of the enactment of this Act, the Secretary shall evaluate the effectiveness of whichever of the following is greater: (A) Eight grants awarded under subsection (a). (B) Ten percent of the grants awarded under subsection (a). (2) Publication.--The Secretary shall make available to the public-- (A) the evaluations required under paragraph (1); and (B) the reports required under subsection (e)(2)(C). (g) Limitations.--No funds made available to an eligible entity under this section may be used by such entity to provide access to sexual health services that-- (1) withhold sexual health-promoting or life-saving information; (2) are medically inaccurate or have been scientifically shown to be ineffective; (3) promote gender stereotypes; (4) are insensitive or unresponsive to the needs of lesbian, gay, bisexual, transgender, queer or questioning youth, sexually active youth, or school-age parents; (5) are insensitive or unresponsive to the needs of survivors of sexual abuse or assault; or (6) are inconsistent with the ethical imperatives of medicine and public health. (h) Definitions.--In this section: (1) Community organization.--The term ``community organization'' includes a State or local health or education agency, public school, youth-focused organization that is faith-based and community-based, juvenile justice entity, or other organization that provides confidential and appropriate sexuality education or sexual health services to marginalized youth. (2) Eligible entity.--The term ``eligible entity'' includes a State or local health or education agency, public school, nonprofit organization, hospital, or an Indian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)). (3) Marginalized youth.--The term ``marginalized youth'' means a person under the age of 26 that is disadvantaged by underlying structural barriers and social inequity. (4) Medically accurate.--The term ``medically accurate'', with respect to information, means information that is supported by research and recognized as accurate and objective by leading medical, psychological, psychiatric, or public health organizations and agencies. (5) Scientifically effective strategy.--The term ``scientifically effective strategy'' means a strategy that-- (A) is widely recognized by leading medical and public health agencies as effective in promoting sexual health awareness and healthy behavior; and (B) either-- (i) has been demonstrated to be effective on the basis of rigorous scientific research; or (ii) incorporates characteristics of effective programs. (6) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (7) Sexual health services.--The term ``sexual health services'' includes-- (A) sexual health education; (B) contraception; (C) emergency contraception; (D) condoms and other barrier methods to prevent pregnancy or sexually transmitted infections; (E) routine gynecological care, including HPV vaccines and cancer screenings; (F) pre-exposure prophylaxis or post-exposure prophylaxis; (G) mental health services; (H) sexual assault survivor services; and (I) other preventative treatment or care. (i) Appropriation.-- (1) Grants.--Of the amounts appropriated for fiscal year 2017 under section 510(d) of the Social Security Act (42 U.S.C. 710(d)), the unobligated balance of such amounts shall be made available to carry out this section for such fiscal year. For purposes of the previous sentence, the unobligated balance of such amounts shall be determined by the Director of the Office of Management and Budget, in consultation with the Secretary. (2) Limitation.--Of the amount made available under paragraph (1) for fiscal year 2017, the Secretary may reserve not more than 10 percent to conduct evaluations under subsection (f) for such year.

Youth Access to Sexual Health Services Act of 2016 This bill authorizes the Department of Health and Human Services to award grants to support the access of marginalized youth to sexual health services such as sexual health education and contraception. Marginalized youth are disadvantaged individuals under the age of 26. Grants may be awarded to state or local health or education agencies, public schools, nonprofit organizations, hospitals, Indian tribes, and tribal organizations. Grants may be used to: (1) provide sexual health information to marginalized youth, (2) promote effective communication regarding sexual health among marginalized youth, (3) promote and support opportunities for school-age parents, and (3) train individuals who work with marginalized youth to promote sexual health and the development of safe and supportive environments. Grants may not be used to provide access to health services that: (1) are medically unsound; (2) withhold sexual health-promoting or lifesaving information; (3) promote gender stereotypes; or (4) are insensitive or unresponsive to the needs of homosexual, bisexual, or transgender youth, sexually active youth, school-age parents, or survivors of sexual abuse or assault. Unobligated FY2017 appropriations for abstinence education are made available for these grants.

Youth Access to Sexual Health Services Act of 2016

SECTION 1. FINANCIAL LITERACY COUNSELING. Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end the following new subsection: ``(n) Financial Literacy Counseling.-- ``(1) In general.--Each eligible institution shall, through financial aid offices, through an employee or group of employees designated under subsection (c), or through a contract or partnership with a nonprofit organization, provide financial literacy counseling to borrowers in accordance with the requirements of this subsection. ``(2) Entrance and exit counseling required.-- ``(A) In general.--Financial literacy counseling required under this subsection shall-- ``(i) be provided to-- ``(I) each first-time borrower of a loan made, insured, or guaranteed under part B (other than a loan made pursuant to section 428C or a loan made on behalf of a student pursuant to section 428B) or made under part D (other than a Federal Direct Consolidation Loan or a Federal Direct PLUS loan made on behalf of a student), at or prior to the time of the first disbursement of such loan; and ``(II) each borrower of a loan made, insured, or guaranteed under part B (other than loans made pursuant to section 428C or loans under section 428B made on behalf of a student) or made under part D (other than Federal Direct Consolidation Loans or Federal Direct PLUS Loans made on behalf of a student) or made under part E of this title, prior to the completion of the course of study for which the borrower enrolled at the institution or at the time of departure from such institution; and ``(ii) include a total of not less than 4 hours of counseling for such borrowers for each of the occasions described in clause (i). ``(B) Early departure.--In the case of borrower who leaves an institution without the prior knowledge of the institution, the institution shall attempt to provide the information required under this subsection to the student in writing. ``(3) Information to be provided.--Financial literacy counseling required under this subsection shall include information on the following: ``(A) Banking basics, including the types of financial institutions, why and how banks may be useful to individuals, and the fundamentals of using basic checking and savings bank accounts (including how checking and savings accounts work, fees that may be charged, and how to open and maintain an account). ``(B) Budgeting, including matching goals and savings, identification of ways borrowers can save money and understand savings options that can be used to reach savings goals, the main components of a budget (such as income, fixed income, fixed expenses, flexible expenses and discretionary expenses), and how to designate incomes and expenses. ``(C) Credit cards, including how to use credit appropriately, how to determine what forms of credit best suit the needs of the borrower, the common pitfalls of credit card debt, the differences in types of credit cards (including pre-paid cards, debit cards, secured credit cards linked to checking accounts, and charge cards), responsible uses of credit cards, and how to build a strong credit history. ``(D) Loans, grants, education tax credits, and scholarships, including-- ``(i) general information about and differences between installment loans, including car loans and student loans; ``(ii) the difference between grants, scholarships, and loans, including the differences between need-based and merit-based aid; and ``(iii) information about options for repayment, deferment, and the ability to discharge or cancel education loans. ``(E) Renting and housing, including information on renting an apartment, the basics of getting a mortgage, and assistance with determining a borrower's readiness to have a space of their own. ``(F) Credit scores and ratings, including information about credit (such as that credit is a sum of money lent by a bank or institution for repayment in the future and includes interest on the balance that is borrowed), what factors go into a credit score, and the importance of having a good credit record (particularly the influence of credit records on interest rates, loans, insurance rates, and job offers). ``(G) Investing, including information about the risks and benefits of investing money, setting goals and time horizons for when money may be needed, establishing risk tolerance, and the differences between stocks, bonds, and dividends. ``(4) Use of interactive programs.--The Secretary shall encourage institutions to carry out the requirements of this subsection through the use of interactive programs that test the borrower's understanding of the financial literacy information provided through counseling under this subsection, using simple and understandable language and clear formatting.''.

Amends the Higher Education Act of 1965 to require institutions of higher education (IHEs) to provide at least four hours of financial literacy counseling to each student borrower: (1) under the Federal Family Education Loan (FFEL) program, at or prior to their receipt of such loan; and (2) under the FFEL, Direct Loan, or Perkins Loans programs, during their enrollment at the IHE or when their studies end. Requires such counseling to include information on: (1) banking; (2) budgeting; (3) credit cards and ratings; (4) loans, grants, education tax credits, and scholarships; (5) renting and housing; and (6) investing. Directs the Secretary of Health and Human Services to encourage IHEs to perform these duties using interactive programs that test each borrower's understanding of the financial literacy information they receive.

To require financial literacy counseling for borrowers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Diplomatic Accountability Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) On December 3, 2007, the National Intelligence Estimate, representing the consensus view of 16 intelligence agencies, concluded that Iran had once had a covert nuclear weapons program. (2) The National Intelligence Estimate also found that Iran had halted its covert nuclear weapons program in 2003 and that this program remains frozen. (3) The NIE concluded that Iran's leadership was quite sensitive to international views and wanted to avoid international confrontation and made a ``cost-benefit'' decision regarding whether or not to have such a program. (4) Serious concerns still remain about the Government of Iran's intentions and behavior with respect to the development of nuclear weapons, especially regarding its fuel enrichment program and the speed with which it might reconstitute its suspended nuclear weapons program. (5) Hostile official rhetoric exacerbates tensions and reinforces misunderstandings and animus between the people of the United States and Iran. (6) The United States should enlist the support of all interested parties to the region, including the IAEA, to establish a program to ensure that Iran's nuclear weapons program is terminated permanently, that its nuclear energy program is brought fully under IAEA inspection and control, and that all diplomatic tools are utilized to achieve these objectives. (7) A diplomatic solution that includes direct, unconditional, bilateral, and comprehensive talks with the Government of Iran is the only way to resolve long-standing tensions between the United States and Iran. SEC. 3. APPOINTMENT OF HIGH-LEVEL U.S. REPRESENTATIVE OR SPECIAL ENVOY. (a) Appointment.--At the earliest possible date, the President shall appoint a high-level United States representative or special envoy for Iran. (b) Criteria for Appointment.--The President shall appoint an individual under subsection (a) on the basis of the individual's knowledge and understanding of the issues regarding Iran's nuclear program, experience in conducting international negotiations, and ability to conduct negotiations under subsection (c) with the respect and trust of the parties involved in the negotiations. (c) Duties.--The high-level United States representative or special envoy for Iran shall-- (1) seek to conduct direct, unconditional, bilateral negotiations with Iran for the purpose of easing tensions and normalizing relations between the United States and Iran; (2) consult with other countries and international organizations, including countries in the region, where appropriate and when necessary to achieve the purpose set forth in paragraph (1); (3) act as liaison with United States and international intelligence agencies where appropriate and when necessary to achieve the purpose set for in paragraph (1); and (4) ensure that the bilateral negotiations under paragraph (1) complement the ongoing international negotiations with Iran. SEC. 4. OFFICE OF HIGH-LEVEL U.S. REPRESENTATIVE OR SPECIAL ENVOY. Not later than 30 days after the appointment of a high-level United States representative or special envoy under section 3(a), the Secretary of State shall establish in the Department of State an office for the purpose of supporting the work of the representative or special envoy. SEC. 5. REPORTING TO CONGRESS. (a) Reports.--Not later than 60 days after the high-level United States representative or special envoy for Iran is appointed under section 3, and every 180 days thereafter, the United States representative or special envoy shall report to the committees set forth in subsection (b) on the status and progress of negotiations conducted under section 3(c). Each such report may, when necessary or appropriate, be submitted in classified and unclassified form. (b) Committees.--The committees referred to in subsection (a) are-- (1) the Committee on Appropriations, the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Appropriations, the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2008 and 2009.

Iran Diplomatic Accountability Act of 2008 - Directs: (1) the President to appoint a high-level U.S. representative or special envoy for Iran for the purpose of easing tensions and normalizing relations between the United States and Iran; and (2) the Secretary of State to establish a Department of State office to support the work of such representative or special envoy.

To provide for the appointment of a high-level United States representative or special envoy for Iran for the purpose of easing tensions and normalizing relations between the United States and Iran.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sage-Grouse and Mule Deer Habitat Conservation and Restoration Act of 2018''. SEC. 2. DEFINITIONS. In this Act: (1) Covered vegetation management activity.-- (A) In general.--The term ``covered vegetation management activity'' means any activity described in subparagraph (B) that-- (i) is carried out on public land administered by the Bureau of Land Management; (ii) meets the objectives of the order of the Secretary numbered 3336 and dated January 5, 2015; (iii) conforms to an applicable land use plan; (iv) protects, restores, or improves greater sage-grouse or mule deer habitat in a sagebrush steppe ecosystem as described in-- (I) Circular 1416 of the United States Geological Survey entitled ``Restoration Handbook for Sagebrush Steppe Ecosystems with Emphasis on Greater Sage-Grouse Habitat--Part 1. Concepts for Understanding and Applying Restoration'' (2015); or (II) the habitat guidelines for mule deer published by the Mule Deer Working Group of the Western Association of Fish and Wildlife Agencies; (v) will not permanently impair-- (I) the natural state of the treated area; (II) outstanding opportunities for solitude; (III) outstanding opportunities for primitive, unconfined recreation; (IV) economic opportunities consistent with multiple-use management; or (V) the identified values of a unit of the National Landscape Conservation System; and (vi)(I) restores native vegetation following a natural disturbance; (II) prevents the expansion into greater sage-grouse or mule deer habitat of-- (aa) juniper, pinyon pine, or other associated conifers; or (bb) nonnative or invasive vegetation; (III) reduces the risk of loss of greater sage-grouse or mule deer habitat from wildfire or any other natural disturbance; or (IV) provides emergency stabilization of soil resources after a natural disturbance. (B) Description of activities.--An activity referred to in subparagraph (A) is-- (i) manual cutting and removal of juniper trees, pinyon pine trees, other associated conifers, or other nonnative or invasive vegetation; (ii) mechanical mastication, cutting, or mowing, mechanical piling and burning, chaining, broadcast burning, or yarding; (iii) removal of cheat grass, medusa head rye, or other nonnative, invasive vegetation; (iv) collection and seeding or planting of native vegetation using a manual, mechanical, or aerial method; (v) seeding of nonnative, noninvasive, ruderal vegetation only for the purpose of emergency stabilization; (vi) targeted use of an herbicide, subject to the condition that the use shall be in accordance with applicable legal requirements, Federal agency procedures, and land use plans; (vii) targeted livestock grazing to mitigate hazardous fuels and control noxious and invasive weeds; (viii) temporary removal of wild horses or burros in the area in which the activity is being carried out to ensure treatment objectives are met; (ix) in coordination with the affected permit holder, modification or adjustment of permissible usage under an annual plan of use of a grazing permit issued by the Secretary to achieve restoration treatment objectives; (x) installation of new, or modification of existing, fencing or water sources intended to control use or improve wildlife habitat; or (xi) necessary maintenance of, repairs to, rehabilitation of, or reconstruction of an existing permanent road or construction of temporary roads to accomplish the activities described in this subparagraph. (C) Exclusions.--The term ``covered vegetation management activity'' does not include-- (i) any activity conducted in a wilderness area or wilderness study area; or (ii) any activity for the construction of a permanent road or permanent trail. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Temporary road.--The term ``temporary road'' means a road that is-- (A) authorized-- (i) by a contract, permit, lease, other written authorization; or (ii) pursuant to an emergency operation; (B) not intended to be part of the permanent transportation system of a Federal department or agency; (C) not necessary for long-term resource management; (D) designed in accordance with standards appropriate for the intended use of the road, taking into consideration-- (i) safety; (ii) the cost of transportation; and (iii) impacts to land and resources; and (E) managed to minimize-- (i) erosion; and (ii) the introduction or spread of invasive species. SEC. 3. IMPROVEMENT OF HABITAT FOR GREATER SAGE-GROUSE AND MULE DEER. (a) Categorical Exclusion.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall develop 1 or more categorical exclusions (as defined in section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation)) for covered vegetation management activities carried out to protect, restore, or improve habitat for greater sage-grouse or mule deer. (2) Administration.--In developing and administering a categorical exclusion under paragraph (1), the Secretary shall-- (A) comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B) apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or successor regulations), in determining whether to use the categorical exclusion; and (C) consider-- (i) the relative efficacy of landscape- scale habitat projects; (ii) the likelihood of continued declines in the populations of greater sage-grouse and mule deer in the absence of landscape-scale vegetation management; and (iii) the need for habitat restoration activities after wildfire or other natural disturbances. (b) Implementation of Covered Vegetative Management Activities Within the Range of Greater Sage-grouse and Mule Deer.--If a categorical exclusion developed under subsection (a) is used to implement a covered vegetative management activity in an area within the range of both greater sage-grouse and mule deer, the covered vegetative management activity shall protect, restore, or improve habitat concurrently for both greater sage-grouse and mule deer. (c) Long-term Monitoring and Maintenance.--Before commencing any covered vegetation management activity that is covered by a categorical exclusion under subsection (a), the Secretary shall develop a long-term monitoring and maintenance plan, covering at least the 20 year-period beginning on the date of commencement, to ensure that management of the treated area does not degrade the habitat gains secured by the covered vegetation management activity. (d) Disposal of Vegetative Material.--Subject to applicable local restrictions, any vegetative material resulting from a covered vegetation management activity that is covered by a categorical exclusion under subsection (a) may be-- (1) used for-- (A) fuel wood; or (B) other products; or (2) piled or burned, or both. (e) Treatment for Temporary Roads.-- (1) In general.--Notwithstanding section 2(1)(B)(xi), any temporary road constructed in carrying out a covered vegetation management activity that is covered by a categorical exclusion under subsection (a)-- (A) shall be used by the Secretary for the covered vegetation management activity for not more than 2 years; and (B) shall be decommissioned by the Secretary not later than 3 years after the earlier of the date on which-- (i) the temporary road is no longer needed; and (ii) the project is completed. (2) Requirement.--A treatment under paragraph (1) shall include reestablishing native vegetative cover-- (A) as soon as practicable; but (B) not later than 10 years after the date of completion of the applicable covered vegetation management activity. Passed the Senate September 6, 2018. Attest: JULIE E. ADAMS, Secretary.

Sage-Grouse and Mule Deer Habitat Conservation and Restoration Act of 2017 This bill directs the Department of Interior to categorically exclude vegetative management activities that establish or improve habitat for greater sage-grouse and mule deer from environmental review requirements under the National Environmental Policy Act of 1969 (NEPA). Examples of vegetative management activities include restoring native vegetation following a natural disturbance or preventing the expansion of nonnative or invasive vegetation into such habitat. A categorical exclusion under NEPA is a category of actions which do not have a significant effect on the human environment and for which neither an Environmental Assessment nor an Environmental Impact Statement is required. The bill prohibits the categorical exclusion from including: (1) activity conducted in a wilderness area or wilderness study area, or (2) activity for the construction of a permanent road or trail. Before commencing a vegetative management activity that is covered by a categorical exclusion, Interior must develop a long-term monitoring and maintenance plan, covering at least 20 years, to ensure that management of the treated area does not degrade the habitat gains secured by the vegetative management activity. Vegetative material resulting from vegetative management activity may be: (1) used for fuel wood or other products; or (2) piled or burned, or both. Native vegetative cover must be reestablished on a temporary road constructed in connection with a categorically excluded vegetative management activity in order to minimize soil erosion from areas disturbed by the temporary road.

Sage-Grouse and Mule Deer Habitat Conservation and Restoration Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Mental Health Accessibility Act of 2012''. SEC. 2. EXPANDING THE MEDICAID HOME AND COMMUNITY-BASED SERVICES WAIVER TO INCLUDE YOUTH IN NEED OF SERVICES PROVIDED IN A PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY. (a) In General.--Section 1915(c) of the Social Security Act (42 U.S.C. 1396n(c)) is amended-- (1) in paragraph (1)-- (A) by striking ``a hospital or a nursing facility or intermediate care facility for the mentally retarded'' and inserting ``a hospital, a nursing facility, an intermediate care facility for the intellectually disabled, or a psychiatric residential treatment facility,''; and (B) by striking ``a hospital, nursing facility, or intermediate care facility for the mentally retarded'' and inserting ``a hospital, nursing facility, intermediate care facility for the intellectually disabled, or psychiatric residential treatment facility''; (2) in paragraph (2)(B), by striking ``or services in an intermediate care facility for the mentally retarded'' each place it appears and inserting ``services in an intermediate care facility for the intellectually disabled, or services in a psychiatric residential treatment facility''; (3) in paragraph (2)(C)-- (A) by striking ``or intermediate care facility for the mentally retarded'' and inserting ``intermediate care facility for the intellectually disabled, or psychiatric residential treatment facility''; and (B) by striking ``or services in an intermediate care facility for the mentally retarded'' and inserting ``services in an intermediate care facility for the intellectually disabled, or services in a psychiatric residential treatment facility''; (4) in paragraph (7)(A), by striking ``or intermediate care facilities for the mentally retarded,'' and inserting ``intermediate care facilities for the intellectually disabled, or psychiatric residential treatment facilities,''; and (5) by adding at the end the following new paragraph: ``(11) For purposes of this subsection, the term `psychiatric residential treatment facility' means a facility other than a hospital that is certified as meeting the requirements specified in regulations promulgated for such facilities under section 1905(h)(1) and that provides psychiatric services in an inpatient setting to individuals under age 21 for which medical assistance is available under a State plan under this title.''. (b) Waiver Limitation.--Section 1915(c) of such Act, as amended by subsection (a), is further amended-- (1) in paragraph (2)-- (A) in subparagraph (D), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (E), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new subparagraphs: ``(F) under the waiver, the total number of Medicaid inpatient bed days at psychiatric residential treatment facilities during each fiscal year within the waiver period will not exceed the total number of Medicaid inpatient bed days at such facilities for the previous fiscal year as increased by the estimated percentage increase (if any) in the population of individuals under age 21 residing in the State over the preceding 12-month period; and ``(G) the State will provide to the Secretary annually, subject to such requirements as the Secretary determines appropriate, relevant information and evidence as to the manner in which the State will satisfy the requirements described in subparagraph (F).''; and (2) by adding at the end the following new paragraph: ``(12) For purposes of paragraph (2)(F), an individual who is under age 21 and is an inpatient in a bed in a psychiatric residential treatment facility for a single day shall be counted as one inpatient bed day.''. SEC. 3. APPLICATION OF ROSA'S LAW FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES. (a) References in the Social Security Act.-- (1) In general.--With the exception of section 1930(b) of the Social Security Act (42 U.S.C. 1396u(b)), such Act, as amended by section 2, is further amended-- (A) by striking, wherever it appears, ``State mental retardation or developmental disability authority'' and inserting ``State intellectual disability or developmental disability authority''; (B) by striking, wherever it appears, ``mental retardation'' and inserting ``intellectual disabilities''; and (C) by striking, wherever it appears, ``mentally retarded'' and inserting ``intellectually disabled''. (2) Conforming amendment.-- (A) In general.--Section 1902(e)(14)(F) of such Act, as added by section 2002(a) of Public Law 111-148, is amended by striking ``mentally retarded'' and inserting ``intellectually disabled''. (B) Effective date.--The amendment made under subparagraph (A) shall take effect on January 2, 2014. (b) References.-- (1) In general.--For purposes of each provision amended by this Act, issuing or amending regulations to carry out a provision amended by this Act, or issuing any publication or other official communication in regards to any provision of the Social Security Act-- (A) a reference to an intellectual disability shall mean a condition previously referred to as mental retardation, or a variation of such term, and shall have the same meaning with respect to programs, or qualifications for such programs, for individuals with such a condition; (B) a reference to an individual who is intellectually disabled shall mean an individual who was previously referred to as an individual who is mentally retarded, an individual with mental retardation, or variations of such terms; (C) a reference to an intermediate care facility for the intellectually disabled shall mean a facility that was previously referred to as an intermediate care facility for the mentally retarded; and (D) a reference to a State intellectual disability or developmental disability authority shall mean an entity that was previously referred to as a State mental retardation or developmental disability authority. (2) Regulations.--For purposes of amending regulations to carry out this Act, a Federal agency shall ensure that the regulations clearly state-- (A) that an intellectual disability was formerly termed mental retardation; (B) that individuals with intellectual disabilities were formerly termed individuals who are mentally retarded; (C) that an intermediate care facility for the intellectually disabled was formerly termed an intermediate care facility for the mentally retarded; and (D) that a State intellectual disability or developmental disability authority was formerly termed a State mental retardation or developmental disability authority. (c) Rule of Construction.--This Act shall be construed to make amendments to provisions of Federal law to substitute the term ``intellectual disability'' for ``mental retardation'' or any variation of such term without any intent to-- (1) change the coverage, eligibility, rights, responsibilities, or definitions referred to in the amended provisions; or (2) compel States to change terminology in State laws for individuals covered by a provision amended by this Act.

Children's Mental Health Accessibility Act of 2012 - Amends title XIX (Medicaid) of the Social Security Act to: (1) expand the Medicaid home and community-based services waiver to include youth in need of services provided in a psychiatric residential treatment facility; (2) limit, under the waiver, the total number of Medicaid inpatient bed days at psychiatric residential treatment facilities during each fiscal year to the total number for the previous fiscal year as increased by the estimated percentage increase (if any) in the population of individuals under 21 residing in the state over the preceding 12-month period; and (3) change references to mental retardation to references to an intellectual disability.

A bill to expand the Medicaid home and community-based services waiver to include young individuals who are in need of services that would otherwise be required to be provided through a psychiatric residential treatment facility, and to change references in Federal law to mental retardation to references to an intellectual disability.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsive and Efficient Appeals Courts for Heroes Act of 2014''. SEC. 2. CLASS ACTIONS BEFORE COURT OF APPEALS FOR VETERANS CLAIMS. (a) Authority for Court of Appeals for Veterans Claims To Hear Class Actions.--Subchapter II of chapter 72 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7270. Class actions ``(a) In General.--The Court, acting as a panel or en banc, may hear class action appeals in accordance with this section. ``(b) Prerequisites.--One or more appellants may bring an action under this chapter as the representative party of a class on behalf of all members of the class only if the following criteria are met: ``(1) There is at least one question of law or fact common to the class. ``(2) The class is likely to consist of at least 50 members. ``(3) The resolution of the common questions of law or fact is likely to have a material effect on the claims of the members of the class (including with respect to the process by which such claims are adjudicated). ``(4) The representative party will fairly and adequately protect the interests of the class. ``(c) Certification Procedure.--(1) Not later than 60 days after the date on which an appellant has filed an appeal, the appellant may file a motion with the Court to certify the appeal as a class action with respect to an issue that the appellant intends to raise on appeal. Such motion shall address the prerequisites under subsection (b), including by defining the class described in paragraph (2) of such subsection. The Court may waive such 60-day period for good cause shown, including with respect to instances where the appellant determined the appropriateness of the class action procedure as a result of the pleadings filed in the appeal after the filling of the notice of appeal. ``(2)(A) Upon the filing of a motion under paragraph (1), the Secretary shall-- ``(i) make reasonable efforts to determine the approximate number of individuals with pending claims for benefits for whom class certification is sought under such motion; and ``(ii) file a response to such motion that-- ``(I) includes the approximate number of individuals determined under subparagraph (A), including the efforts made by the Secretary to carry out such subparagraph (A); and ``(II) addresses the prerequisites under subsection (b). ``(B) The appellant may file a response to the response of the Secretary under subparagraph (A). ``(3) At an early practicable time after an appellant has filed a motion under paragraph (1) to certify the appeal as a class action and the Secretary has filed a response under paragraph (2)(A), the Court, acting as a panel or en banc, shall determine by order whether to grant class certification with respect to an issue considered under the appeal and allow the appellant to act as the representative party of the class. Such order shall-- ``(A) address the prerequisites under subsection (b); and ``(B) if such class certification is granted under the order-- ``(i) define, with specificity, the class and issue for which the class is certified; and ``(ii) appoint counsel for the class under subsection (e). ``(4) The Court, acting as a panel or en banc, may alter or amend an order issued under this section before final judgment as justice so requires. ``(5) An order granting class action under paragraph (3) shall direct the Secretary to notify members of the class who are reasonably identifiable in a form the Court determines practicable. Such notice shall state clearly, concisely, and in plain language-- ``(A) a definition of the class certified; ``(B) a statement of the common questions of law or fact that will be subject to resolution by the Court on a class basis; ``(C) that a member of the class may enter an appearance through an attorney or nonattorney practitioner if the member so desires but such action is not necessary; ``(D) any other matters the Court determines appropriate. ``(6) In determining the class under paragraph (3), the Court may only include individuals who have, as of the date of the entry of judgment of the Court on the class action, filed a claim and such claim has not been finally resolved, including any appeals from a denial of such claim. ``(7) Any judgment in a class action (whether favorable or unfavorable to the class) shall include a description of the issue decided, the resolution of the issue, and the individual to whom notice of the certification of the action was directed. ``(d) Conduct of Appeal.--(1) In hearing a class action, the Court may issue such orders as are necessary for the efficient and fair resolution of the action, including with respect to-- ``(A) the determination of the manner in which proceedings will be conducted in order to advance the resolution of the common questions of law or fact; ``(B) whether additional notices should be made to members of the class concerning the status of the appeal or any other matter the Court determines appropriate; ``(C) whether the individual claims of members of the class should be stayed pursuant to paragraph (2) or any other orders the Court determines appropriate with respect to the maintenance of such individuals claims; and ``(D) any other matter the Court determines appropriate. ``(2) The Court may stay, in whole or in part, the individual claims of members of the class, including on a case-by-case basis, during the period in which the Court is considering the class action. In determining whether to issue such a stay, the Court shall consider-- ``(A) the views of the parties; ``(B) whether issuance of such a stay would be likely to decrease the time that members of the class, the representatives of the class, and the Secretary would have to expend on the individual claims subject to the stay; and ``(C) whether such a stay is in the interests of justice in order to preserve the right of the members of the class to benefit from a favorable resolution of the common questions of law or fact by eliminating the possibility that individual claims would be finally denied during the pendency of the class action. ``(e) Class Counsel.--(1) If the Court certifies a class action, the Court shall appoint counsel to represent the members of the class. Regardless of the number of applicants to serve as such a class counsel, in appointing such class counsel, the Court shall consider the following matters: ``(A) The work counsel has done in identifying and preparing for adjudication of the common questions of law or fact of the class action. ``(B) The experience of counsel in and knowledge of the law concerning benefits administered under this title. ``(C) The general experience of counsel in appellate litigation. ``(D) The record of the counsel for professionalism. ``(E) The resources that counsel will commit to representing the class. ``(F) If an attorney, whether the counsel is a member of a bar of a State in good standing. ``(G) Such other factors pertinent to the ability of counsel to fairly and adequately represent the interests of the class. ``(2) The Court may appoint an interim class counsel if the Court determines such appointment necessary to protect the interests of the class during the period preceding an appointment under paragraph (1). ``(3) Class counsel appointed under paragraph (1) or (2), and co- counsel appointed under paragraph (4), shall fairly and adequately represent the interests of the class at all times. ``(4) If the Court determines that there is more than one applicant who is qualified under paragraph (1) to serve as class counsel, the Court shall appoint the counsel whom the Court determines is best able to represent the interests of the class. Counsel appointed under this subsection may be counsel to an organization permitted to intervene under subsection (f) if such counsel meets the requirements of paragraph (1). ``(f) Intervention.--An organization named in or approved under section 5902 of this title may seek leave to intervene in a class action appeal. Such organization may seek to intervene during the period beginning on the date on which the motion is filed under paragraph (1) of subsection (b) and ending on the date that is 60 days after the date on which the Court grants class certification under paragraph (3) of such section. The Court shall grant intervention if the organization has an interest in the common questions of law or fact in the class action but may limit the intervention to specific matters determined appropriate by the Court. The Court may issue such other orders concerning the conduct of an intervenor as the Court determines necessary for the fair and efficient resolution of the class action. ``(g) Settlement, Voluntary Dismissal, Compromise, or Agreed Upon Remand.--The appeal of the appellant and a common issue of law or fact in a class action may be settled, voluntarily dismissed, compromised, or remanded by agreement only with the permission of the Court. The following procedures apply to a proposed settlement, voluntary dismissal, compromise, or agreed upon remand: ``(1) The Court shall direct notice to all members of the class who are reasonably identifiable and would be bound or affected by the proposal to settle, dismiss, compromise, or remand the matter. ``(2) If the proposal to settle, dismiss, compromise, or remand the matter would bind a member of the class, the Court may approve such proposal only after a hearing, for which notice is provided to the class, and on findings that such proposal is fair, reasonable, and adequate. ``(3) The parties seeing approval of a proposal to settle, dismiss, compromise, or remand the matter shall file a statement with the Court identifying any agreement made in connection with such proposal. ``(4) Any member of the class may object to the proposal to settle, dismiss, compromise, or remand the matter under any reasonable means the Court establishes for such objections and such objection may only be withdrawn with the permission of the Court. ``(h) Attorneys' Fees and Costs.--Counsel appointed under subsection (e) to represent the class, and counsel for an intervenor under subsection (f), may seek an award of fees and costs under section 2412 of title 28. Nothing in this section shall affect any right of initial counsel for the representative party from also seeking an award of fees under such section. ``(i) Appeals.--Any member of the class, or individual who would be a member of the class if class certification was granted under subsection (c)(3), may appeal any decision of the Court issued under this section, including an order granting or denying class certification, under the terms set forth in section 7292 of this title. The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction to review and decide any such appeal and the provisions of subsections (d)(1) and (e) of section 7292 of this title shall be applicable to such appeal.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7269 the following new item: ``7270. Class actions.''. SEC. 3. SALARY OF JUDGES OF COURT OF APPEALS FOR VETERANS CLAIMS. Section 7253(e) of title 38, United States Code, is amended by striking ``district courts'' and inserting ``courts of appeals''.

Responsive and Efficient Appeals Courts for Heroes Act of 2014 - Authorizes the Court of Appeals for Veterans Claims, acting as a panel or en banc, to hear class action appeals in accordance with specified procedures. Allows one or more appellants to bring such a class action as the representative party on behalf of all members of such class if: there is at least one question of law or fact common to the class, the class is likely to consist of at least 50 members, the resolution of the common questions of law or fact is likely to have a material effect on the claims of the members of the class, and the representative party will fairly and adequately protect the interests of the class. Gives an appellant 60 days after filing an appeal to file a motion with the Court to certify the appeal as a class action with respect to an issue that the appellant intends to raise. Allows the Court to waive such 60-day period for good cause shown. Requires the Secretary of Veterans Affairs (VA), upon the filing of such motion, to: (1) make reasonable efforts to determine the approximate number of individuals with pending claims for benefits for whom class certification is sought, and (2) file a response. Requires the Court, after the Secretary has filed such response, to determine by order whether to grant class certification with respect to an issue considered under the appeal and allow the appellant to act as the representative party of the class. Requires that order, if certification is granted, to: (1) define the class and issue for which the class is certified, and (2) appoint counsel for the class. Authorizes the Court, acting as a panel or en banc, to alter or amend an order before final judgement. Requires the Court to include in the class only individuals who have, as of the date of the Court's entry of judgment on the class action, filed a claim that has not been finally resolved. Allows the Court to stay the individual claims of class members during the period the Court is considering the class action. Requires the Court to allow a veterans' organization to intervene in a class action appeal if the organization has an interest in the common questions of law or fact in the class action. Requires the Court's permission before the appeal and a common issue of law or fact may be settled, voluntarily dismissed, compromised, or remanded by agreement. Allows any member of the class, or an individual who would have been a member of the class if certification was granted, to appeal any decision of the Court to the U.S. Court of Appeals for the Federal Circuit. Sets the salary of the Court's judges at the rate applicable to federal appellate court judges. (Currently, their salary is set at the rate applicable to federal district court judges.)

Responsive and Efficient Appeals Courts for Heroes Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Broadband Deployment Streamlining Act''. SEC. 2. STREAMLINING THE DEPARTMENT OF THE INTERIOR AND THE FOREST SERVICE PROCESS FOR BROADBAND FACILITY LOCATION APPLICATIONS. (a) Definitions.--In this section: (1) Broadband facility.--The term ``broadband facility'' means any communications plant, equipment, supplies, cable, wire, box, device, meter, tower, pole, duct, conduit, or other facility related to the provision of advanced telecommunications capability (as defined in section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302)). (2) Covered land.--The term ``covered land'' means-- (A) public land administered by the Secretary of the Interior; and (B) National Forest System land administered by the Secretary of Agriculture. (3) Department concerned.--The term ``Department concerned'' means the Department of which the Secretary concerned is the head. (4) Organizational unit.--The term ``organizational unit'' means-- (A) within the Bureau of Land Management-- (i) a State office; (ii) a district office; or (iii) a field office; and (B) within the Forest Service-- (i) a regional office; (ii) the headquarters; (iii) a management unit; or (iv) a ranger district office. (5) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of the Interior, with respect to public land; and (B) the Secretary of Agriculture, with respect to National Forest System land. (b) Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary concerned shall issue regulations-- (1) to streamline the process for considering applications to locate or modify broadband facilities on covered land administered by the Secretary concerned; (2) to ensure, to the maximum extent practicable, that the process is uniform and standardized across the organizational units of the Department concerned; and (3) to require that the applications described in paragraph (1) be considered and granted on a competitively and technologically neutral, non-discriminatory basis. (c) Requirements.--The regulations issued under subsection (b) shall include-- (1) procedures that require the tracking of applications described in subsection (b)(1), including-- (A) identifying the number of applications-- (i) received; (ii) approved; and (iii) denied; (B) in the case of an application that is denied, describing the reasons for the denial; and (C) describing the amount of time between the receipt of an application and the issuance of a final decision on an application; (2) minimum terms of not less than 5 years for leases with respect to the location of broadband facilities on covered land; (3) a policy under which an easement, license, or other authorization to locate a broadband facility on covered land renews automatically on expiration, unless the authorization is revoked for good cause; and (4) fees for-- (A) submitting an application described in subsection (b)(1), based on the cost to the Department concerned of considering such an application; and (B) granting an easement, license, or other authorization to locate or modify a broadband facility on covered land, based on the cost to the Department concerned of any maintenance or other activities required to be performed by the Department concerned as a result of the location or modification of the facility. (d) Additional Considerations.--In issuing regulations under subsection (b), the Secretary concerned shall consider-- (1) how discrete reviews in considering an application described in subsection (b)(1) can be conducted simultaneously, rather than sequentially, by the organizational units of the Department concerned that must approve the location or modification; and (2) how to eliminate overlapping requirements among the organizational units of the Department concerned with respect to the location or modification of a broadband facility on covered land administered by those organizational units. (e) Communication of Streamlined Process to Organizational Units.-- The Secretary concerned shall, with respect to the regulations issued under subsection (b)-- (1) communicate the regulations to the organizational units of the Department concerned; and (2) ensure that the organizational units of the Department concerned follow the regulations. SEC. 3. COMMUNICATIONS FACILITIES DEPLOYMENT ON FEDERAL PROPERTY. Section 6409(b) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455(b)) is amended by adding at the end the following: ``(5) Timely consideration of applications.-- ``(A) In general.--Not later than 270 days after the date on which an executive agency receives a duly filed application for an easement or right-of-way under this subsection, the executive agency shall-- ``(i) grant or deny, on behalf of the Federal Government, the application; and ``(ii) notify the applicant of the grant or denial. ``(B) Explanation of denial.--If an executive agency denies an application under subparagraph (A), the executive agency shall notify the applicant in writing, including a clear statement of the reasons for the denial. ``(C) Deemed granted.--If an executive agency does not grant or deny a duly filed application under subparagraph (A) by the deadline set forth in that subparagraph, the executive agency shall be deemed to have granted the application. ``(D) Applicability of environmental laws.--Nothing in this paragraph shall be construed to relieve an executive agency of the requirements of division A of subtitle III of title 54, United States Code, or the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(E) Point of contact.--Upon receiving an application under subparagraph (A), an executive agency shall designate one or more appropriate individuals within the executive agency to act as a point of contact with the applicant.''. SEC. 4. GAO REPORT. (a) Definition.--In this section, the term ``National Broadband Map'' means the map established by the National Telecommunications and Information Administration under section 6001(l) of the American Recovery and Reinvestment Act of 2009 (47 U.S.C. 1305(l)). (b) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report evaluating-- (1) how the Federal Communications Commission ensures that the broadband data collected for the National Broadband Map is accurate, complete, and reliable, including-- (A) the source of the data; and (B) whether data may be available from alternative commercial sources; (2) the extent to which Federal agencies or other entities authorized to distribute Federal grants or loans for broadband projects rely on data from the National Broadband Map to-- (A) award grants or loans for broadband projects; or (B) determine whether Federal Government funds will be used to deploy broadband in areas already served by private broadband providers; (3) the actions the Federal Communications Commission has taken or plans to take to address the limitations, if any, in using data from the National Broadband Map for policy or funding decisions; (4) the extent to which interested parties have challenged the accuracy of information on the National Broadband Map, including how the challenges were resolved; and (5) whether the Federal Communications Commission should collect data for the National Broadband Map from additional or alternative commercial sources.

Rural Broadband Deployment Streamlining Act This bill directs the Department of the Interior, for public lands, and the Department of Agriculture, for National Forest System lands, to issue regulations to: (1) streamline the process for the consideration of applications to locate or modify broadband facilities on such lands; and (2) require that such applications be considered and granted on a competitively and technologically neutral, non-discriminatory basis. The bill amends the Middle Class Tax Relief and Job Creation Act of 2012 to require executive agencies to grant or deny within 270 days applications for an easement or right-of-way on federal property to install, construct, and maintain wireless service antenna structures and equipment and backhaul transmission equipment. The Government Accountability Office shall report on: how the Federal Communications Commission (FCC) ensures that the broadband data collected for the National Broadband Map is accurate, complete, and reliable; the extent to which federal agencies or other entities authorized to distribute federal grants or loans for broadband projects rely on such data; FCC actions to address the limitations on using such data for policy or funding decisions; the extent to which interested parties have challenged the accuracy of information on the map; and whether the FCC should collect such data from additional or alternative commercial sources.

Rural Broadband Deployment Streamlining Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Los Padres National Forest Land Exchange Act of 2003''. SEC. 2. LAND EXCHANGE, LOS PADRES NATIONAL FOREST, CALIFORNIA. (a) Exchange Authorized.-- (1) In general.--If the United Water Conservation District of California (in this section referred to as the ``District'') conveys to the Secretary of Agriculture (in this section referred to as the ``Secretary'') all of right, title, and interest of the District in and to the lands described in subsection (b)(1), the Secretary shall convey to the District, in exchange for such lands, all right, title, and interest of the United States in and to the National Forest System lands described in subsection (b)(2). (2) Existing rights.--The conveyance of National Forest System lands under this section shall be subject to valid existing rights and to such terms, conditions, and reservations as may be required by this section or considered necessary by the Secretary. (3) Time for exchange.--The Secretary and the District shall endeavor to complete the exchange in a timely manner. (b) Exchange Lands.-- (1) Lands to be conveyed by district.--The lands to be conveyed by the District under this section consist of approximately 340 acres as follows: (A) ``Tract A''--Approximately 40 acres, located in township 5 north, range 18 west, section 16, NE1/4SE1/ 4, San Bernardino base and meridian. (B) ``Tract B''--Approximately 40 acres, located in township 5 north, range 18 west, section 16, SE1/4NE1/ 4, San Bernardino base and meridian. (C) ``Tract C''--Approximately 80 acres, located in township 5 north, range 18 west, section 16, S1/2SE1/4, San Bernardino base and meridian. (D) ``Tract D''--Approximately 160 acres, located in township 5 north, range 18 west, section 21, NE1/4, San Bernardino base and meridian. (E) ``Tract E''--Approximately 20 acres, located in township 5 north, range 18 west, section 15, N1/2SW1/ 4SW1/4, San Bernardino base and meridian. (2) Lands to be conveyed by secretary.--The National Forest System lands to be conveyed by the Secretary under this section consist of approximately 420 acres as follows: (A) ``Tract 1''--Approximately 80 acres, located in township 5 north, range 18 west, section 10, E1/2SW1/4, San Bernardino base and meridian. (B) ``Tract 2''--Approximately 40 acres, located in township 5 north, range 18 west, section 15, NE1/4NW1/ 4, San Bernardino base and meridian. (C) ``Tract 3''--Approximately 40 acres, located in township 5 north, range 18 west, section 15, SW1/4SE1/ 4, San Bernardino base and meridian. (D) ``Tract 4''--Approximately 10 acres, located in township 5 north, range 18 west, section 22, SW1/4SW1/ 4NE1/4, San Bernardino base and meridian. (E) ``Tract 5''--Approximately 20 acres, located in township 5 north, range 18 west, section 22, W1/2NW1/ 4SE1/4, San Bernardino base and meridian. (F) ``Tract 6''--Approximately 40 acres, located in township 5 north, range 18 west, section 22, SW1/4SE1/ 4, San Bernardino base and meridian. (G) ``Tract 7''--Approximately 80 acres, located in township 5 north, range 18 west, section 22, E1/2SW1/4, San Bernardino base and meridian. (H) ``Tract 8''--Approximately 20 acres, located in township 5 north, range 18 west, section 22, N1/2NW1/ 4SW1/4, San Bernardino base and meridian. (I) ``Tract 9''--Approximately 80 acres, located in township 5 north, range 18 west, section 27, W1/2NE1/4, San Bernardino base and meridian. (J) ``Tract 10''--Approximately 10 acres, located in township 5 north, range 18 west, section 27, NE1/ 4SW1/4NW1/4, San Bernardino base and meridian. (3) Corrections to legal descriptions.--By mutual agreement, the Secretary and the District may adjust the legal descriptions contained in this subsection to correct errors or to make minor adjustments in the lands to be exchanged. (c) Processing of Land Exchange.-- (1) In general.--Except as otherwise provided in this section, the Secretary shall process the land exchange under this section in accordance with Forest Service land exchange regulations in subpart A of part 254 of title 36, Code of Federal Regulations. (2) Title standards.--The Secretary shall require that title to the District lands acquired by the Secretary under this section is in conformity with the title standards of the Attorney General of the United States. (d) Easements and Access.-- (1) Reservation.--In the conveyance of the National Forest System lands authorized by this section, the Secretary shall reserve easements for all roads and trails that the Secretary considers to be necessary or desirable to provide for administrative purposes and to ensure public access to National Forest System lands. In particular, the Secretary shall reserve perpetual unrestricted rights of pedestrian access to the Potholes trailhead of the Los Padres National Forest. (2) Accessibility.--In the case of the District lands acquired by the Secretary under this section, the Secretary shall provide reasonable access to privately owned inholdings consistent with section 1323(a) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3210(a)). (3) Construction of parking lot.--As a condition on the receipt of National Forest System lands under this section, the District shall agree to construct a gravel parking area upon District lands for the Potholes trailhead of the Los Padres National Forest, subject to the following requirements: (A) The District may reasonably regulate vehicular access to the trailhead in accordance with rules and regulations promulgated in accordance with applicable law. (B) Foot traffic to the trailhead shall be perpetual and unrestricted. (e) Special Use Authorization and Easements.--All special use authorizations and term easements issued by the Secretary with respect to the National Forest System lands described in subsection (b)(2) shall not be renewed or reauthorized after the date of enactment of this Act. (f) Water Rights.--The land exchange authorized by this section does not include any water rights owned by the District or the United States. (g) Cash Equalization.-- (1) Limits waived.--The District or the Secretary, as appropriate, may equalize the values of the lands to be exchanged under this section by a cash payment without regard to any statutory limit on the amount of such a cash equalization payment. (2) Disposition and use of funds.--Any cash equalization payment received by the Secretary under this section shall be deposited into the fund established by Public Law 90-171 (commonly known as the Sisk Act; 16 U.S.C. 484a). The payment shall be available to the Secretary for expenditure, without further appropriation, for the acquisition, construction, or improvement of administrative or recreational facilities for the Los Padres National Forest in Ventura County, Santa Barbara County, and San Luis Obispo County, California, or for the acquisition of land or interests in land in such counties. (h) Management of Acquired Lands .--The District lands acquired by the Secretary under this section shall be added to and administered as part of The Los Padres National Forest in accordance with the laws and regulations applicable to that national forest.

Los Padres National Forest Land Exchange Act of 2003 - Authorizes an exchange of approximately 340 acres held by the United Water Conservation District of California and approximately 420 acres of National Forest System lands. Allows the Secretary of Agriculture to reserve easements in the conveyance of National Forest System lands for access roads and trails, including perpetual unrestricted rights of pedestrian access to the Potholes trailhead of Los Padres National Forest. Requires the Secretary to provide reasonable access to privately owned inholdings in the District lands acquired under this Act. Stipulates that the District must construct a gravel parking area for the Potholes trailhead. Exempts water rights from this land exchange. Permits the District and the Secretary to equalize this exchange through a cash payment. Adds the District lands acquired under this Act to the Los Padres National Forest.

To provide for an exchange of lands with the United Water Conservation District of California to eliminate private inholdings in the Los Padres National Forest, and for other purposes.

SECTION 1. RESTORATION OF LOAN GUARANTEE PROGRAM FOR DEFENSE DEPENDENT SMALL AND MEDIUM-SIZED BUSINESS CONCERNS. (a) DELTA Loan Guarantee Program.--(1) Chapter 148 of title 10, United States Code, is amended by inserting before section 2525 the following new section: ``Sec. 2524. Loan guarantees for defense dependent small and medium- sized business concerns ``(a) Loan Guarantees Authorized.--The Secretary of Defense may provide support under this section for programs sponsored by the Federal Government, regional entities, States, local governments, and private entities and nonprofit organizations that assist small business concerns and medium-sized business concerns that are economically dependent on defense expenditures to acquire dual-use capabilities through the provision of loan guarantees to such business concerns under the terms and conditions specified under this section and other applicable law. ``(b) Transfer of Administration.--(1) The Secretary of Defense may enter into a memorandum of understanding with the Administrator of the Small Business Administration, the Administrator of the Economic Development Administration of the Department of Commerce, or the head of any other Federal agency having expertise regarding the provision of loan guarantees, under which the agency may-- ``(A) process applications for loan guarantees under this section; ``(B) guarantee repayment of the resulting loans; and ``(C) provide any other services to the Secretary to administer the loan guarantee program under this section. ``(2) From funds made available for the loan guarantee program under this section, the Secretary of Defense may transfer to the agency or agencies that are parties to the memorandum of understanding such sums as may be necessary for the agency or agencies to carry out activities under the loan guarantee program. ``(3) The Secretary of Defense shall enter into the memorandum of understanding authorized by paragraph (1) within 60 days after the date of the enactment of this section. ``(c) Condition on Operation.--The Secretary shall carry out the loan guarantee program authorized under this section during any fiscal year for which funds are specifically made available to cover the costs of loan guarantees to be issued pursuant to such section. ``(d) Special Requirements Regarding Loan Guarantees.--(1) Competitive procedures shall be used in the selection of small business concerns and medium-sized business concerns to receive loan guarantees under this section. ``(2) The criteria used for the selection of a small business concern or medium-sized business concern to receive a loan guarantee under this section shall include the following: ``(A) The extent to which the loans to be guaranteed would support the retention of defense workers whose employment would otherwise be permanently or temporarily terminated as a result of reductions in expenditures by the United States for defense, the termination or cancellation of a defense contract, the failure to proceed with an approved major weapon system, the merger or consolidation of the operations of a defense contractor, or the closure or realignment of a military installation. ``(B) The extent to which the loans to be guaranteed would stimulate job creation and new economic activities in communities most adversely affected by reductions in expenditures by the United States for defense, the termination or cancellation of a defense contract, the failure to proceed with an approved major weapon system, the merger or consolidation of the operations of a defense contractor, or the closure or realignment of a military installation. ``(C) The extent to which the loans to be guaranteed would be used to acquire (or permit the use of other funds to acquire) capital equipment to modernize or expand the facilities of the borrower to enable the borrower to remain in the national technology and industrial base available to the Department of Defense. ``(3) Except as provided in paragraph (4), to be eligible for a loan guarantee under this section, a borrower must demonstrate to the satisfaction of the Secretary that, during any one of the seven preceding operating years of the borrower, at least 25 percent of the value of the borrower's sales were derived from-- ``(A) contracts with the Department of Defense or the defense-related activities of the Department of Energy; or ``(B) subcontracts in support of defense-related prime contracts. ``(4)(A) An individual described in subparagraph (B) shall be eligible for a loan guarantee under this section to establish, or acquire and operate, a small business concern in an area that the Secretary determines is (or reasonably can be expected to be) detrimentally affected by reductions in defense spending, the termination or cancellation of a defense contract, the failure to proceed with an approved major weapon system, the merger or consolidation of the operations of a defense contractor, or the closure or realignment of a military installation. ``(B) An individual referred to in subparagraph (A) is an individual-- ``(i) who is a former employee of the Department of Defense or a defense contractor; and ``(ii) whose employment was terminated as a result of reductions in defense spending, the termination or cancellation of a defense contract, the failure to proceed with an approved major weapon system, the merger or consolidation of the operations of a defense contractor, or the closure or realignment of a military installation. ``(e) Maximum Amount of Loan Principal.--The maximum amount of loan principal for which the Secretary may provide a guarantee under this section during a fiscal year may not exceed-- ``(1) $1,250,000, with respect to a small business concern; and ``(2) $10,000,000 with respect to a medium-sized business concern. ``(f) Loan Guaranty Rate.--The maximum allowable guarantee percentage for loans guaranteed under this section may not exceed 90 percent. ``(g) Allocation of Funds Between Small and Medium Businesses.--The total amount available for a fiscal year to cover the costs of loan guarantees under this section shall be divided between small business concerns and medium-sized business concerns as follows: ``(A) 60 percent for small business concerns. ``(B) 40 percent for medium-sized business concerns. ``(h) Medium-Sized Business Concern Defined.--In this section, the term `medium-sized business concern' means a business concern that is not more than two times the maximum size specified by the Administrator of the Small Business Administration for purposes of determining whether a business concern furnishing a product or service is a small business concern.''. (2) The table of sections at the beginning of subchapter IV of such chapter is amended by inserting before the item relating to section 2525 the following new item: ``2524. Loan guarantees for defense dependent small- and medium-sized business concerns.''. (b) Continued Availability of Existing Funds.--The funds made available under the second proviso under the heading ``Research, Development, Test and Evaluation, Defense-Wide'' in Public Law 103-335 (108 Stat. 2613) shall be available until September 30, 1999-- (1) to cover the costs (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees issued under section 2524 of title 10, United States Code, as added by subsection (a); and (2) to cover the reasonable costs of the administration of loan guarantees referred to in such section.

Authorizes the Secretary of Defense to support through the provision of loan guarantees programs sponsored by the Federal Government, regional entities, State and local governments, private entities, and nonprofit organizations that assist small and medium-sized businesses that are economically dependent on defense expenditures to acquire dual-use (military and commercial) capabilities. Provides for the transfer of such loan guarantee authority and funding from the Secretary to the appropriate Federal agency by way of a memorandum of understanding. Authorizes the Secretary to carry out the loan guarantee program during any fiscal year for which funds are specifically made available for such purpose. Requires competitive procedures to be used in the selection of appropriate businesses for the loan program, under specified criteria. Requires a borrower to demonstrate that, during any one of the past seven years, at least 25 percent of the borrower's sales were derived from: (1) contracts with the Department of Defense or defense-related activities of the Department of Energy; or (2) subcontracts in support of defense-related prime contracts. Provides for: (1) a maximum loan amount and a loan guaranty rate; and (2) a 60-40 allocation of loan funds to small and medium-sized businesses, respectively. Provides for the continued availability through FY 1999 of current funding for the loan guarantee program.

To amend title 10, United States Code, to restore the Department of Defense loan guarantee program for small and medium-sized business concerns that are economically dependent on defense expenditures.

SECTION 1. SHORT TITLE. This Act may be cited as the ``EHR Regulatory Relief Act''. SEC. 2. 90-DAY EHR REPORTING PERIOD FOR DETERMINATION OF WHETHER AN ELIGIBLE PROFESSIONAL OR ELIGIBLE HOSPITAL IS A MEANINGFUL EHR USER. (a) For an Eligible Professional for the 2016 EHR Reporting Period for the 2018 Payment Adjustment.--Section 1848(a)(7)(E)(ii) of the Social Security Act (42 U.S.C. 1395w-4(a)(7)(E)(ii)) is amended by adding at the end the following new sentence: ``For the EHR reporting period with respect to 2018 or additional years, such term shall also include a 90-day EHR reporting period, in addition to any period (or periods) specified by the Secretary.''. (b) Continuation of 90-Day EHR Reporting Period Under MIPS.-- Section 1848(o)(5)(B) of the Social Security Act (42 U.S.C. 1395w- 4(o)(5)(B)) is amended by adding at the end the following new sentence: ``For purposes of determining a performance period under subsection (q)(4) with respect to the performance category described in subsection (q)(2)(A)(iv), and for purposes of the performance period described in paragraph (2)(D), for years as the Secretary determines appropriate, such term shall also include a 90-day EHR performance period, in addition to any period (or periods) specified by the Secretary.''. (c) For an Eligible Hospital for the 2016 EHR Reporting Period and Subsequent Reporting Periods and Payment Adjustments for Fiscal Year 2018 and Subsequent Fiscal Years.--Section 1886(b)(3)(B)(ix)(IV) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(ix)(IV)) is amended by adding at the end the following new sentence: ``For the EHR reporting period with respect to fiscal year 2018 and each subsequent fiscal year, such term shall also include a 90-day EHR reporting period (or periods) specified by the Secretary.''. SEC. 3. REMOVING THE ALL-OR-NOTHING APPROACH TO MEANINGFUL USE. (a) For an Eligible Professional.--Section 1848(o)(2) of the Social Security Act (42 U.S.C. 1395w-4(o)(2)) is amended by adding at the end the following new subparagraph: ``(E) Flexibility for meaningful use determinations for eligible professionals.--In applying clauses (i), (ii), and (iii) of subparagraph (A), the Secretary may determine that an eligible professional is a meaningful EHR user for the EHR reporting period for 2018 or additional years as determined by the Secretary if such eligible professional meets at least 70 percent (or a portion between 50 and 70 percent) of the measures established by the Secretary.''. (b) For an Eligible Hospital.--Section 1886(n)(3) of the Social Security Act (42 U.S.C. 1395ww(n)(3)) is amended by adding at the end the following new paragraph: ``(D) Flexibility for meaningful use determinations for eligible hospitals.--In applying clauses (i), (ii), and (iii) of subparagraph (A), for purposes of subsection (b)(3)(B)(ix) for an EHR reporting period under such subsection with respect to fiscal years after 2018, the Secretary shall determine that an eligible hospital is a meaningful EHR user for the EHR reporting period for such fiscal years using a methodology specified by the Secretary through rulemaking based on performance with respect to objectives and measures established by the Secretary that is met by an eligible hospital. Such methodology shall allow an eligible hospital to be a meaningful EHR user if they achieve 70 percent (or a portion between 50 and 70 percent) of such measures or if they achieve a composite score (as determined by the Secretary through rulemaking) based on such measures.''. (c) Conforming Amendments.--The last sentence of each of sections 1848(o)(2)(A) and 1886(n)(3)(A) of the Social Security Act (42 U.S.C. 1395w-4(o)(2)(A), 1395ww(n)(3)(A)) are amended by striking ``by'' and all that follows before the period at the end. SEC. 4. EXTENDING FLEXIBILITY IN APPLYING HARDSHIP EXCEPTION FOR MEANINGFUL USE. (a) For an Eligible Professional for the 2016 EHR Reporting Period for the 2018 Payment Adjustment.--Section 1848(a)(7)(B) of the Social Security Act (42 U.S.C. 1395w-4(a)(7)(B)) is amended-- (1) by striking ``exception.--The Secretary'' and inserting ``exception.-- ``(i) In general.--The Secretary''; (2) in the first sentence of clause (i), as added by paragraph (1)-- (A) by striking ``2017'' and inserting ``each of 2017 and 2018''; and (B) by striking ``March 15, 2016'' and inserting ``the applicable date (as defined in clause (ii))''; and (3) by adding at the end the following new clause: ``(ii) Applicable date defined.--In this subparagraph, the term `applicable date' means-- ``(I) with respect to the payment adjustment under subparagraph (A) for 2017, March 15, 2016; and ``(II) with respect to the payment adjustment under subparagraph (A) for 2018, March 15, 2017.''. (b) For an Eligible Hospital for the 2016 and 2017 EHR Reporting Periods and Payment Adjustments for Fiscal Years 2018 and 2019.-- Section 1886(b)(3)(B)(ix) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(ix)) is amended-- (1) in the first sentence of subclause (II)-- (A) by striking ``fiscal year 2017'' and inserting ``each of fiscal years 2017 through 2019''; and (B) by striking ``April 1, 2016'' and inserting ``the applicable date (as defined in subclause (V))''; and (2) by adding at the end the following new subclause: ``(V) For purposes of this clause, the term `applicable date' means-- ``(aa) with respect to the payment reduction under subclause (I) for fiscal year 2017, April 1, 2016; ``(bb) with respect to the payment reduction under subclause (I) for fiscal year 2018, April 1, 2017; and ``(cc) with respect to the payment reduction under subclause (I) for fiscal year 2019, April 1, 2018.''.

EHR Regulatory Relief Act This bill amends title XVIII (Medicare) of the Social Security Act to: establish a 90-day reporting period with respect to determining whether an eligible professional or hospital is a meaningful electronic health record (EHR) user, allow the Centers for Medicare & Medicaid Services (CMS) to determine that an eligible professional or hospital is a meaningful EHR user if the professional or hospital meets a specified percentage of the applicable measures established by CMS, and extend the applicability of the hardship exception with respect to meaningful EHR use.

EHR Regulatory Relief Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevention and Recovery of Missing Children Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) An improved registration system for sex offenders and others who commit predatory acts against children will provide law enforcement agencies with additional information critical to preventing and promptly resolving such crimes. (2) Federal, State, and local law enforcement were called upon to investigate over 12,000 non-family abductions in the United States in 1999. (3) The National Crime Information Center (NCIC) database, which links more than 16,000 Federal, State, and local law enforcement agencies, is a critical means of cooperation among law enforcement agencies. (4) Delays in entering missing children reports into the NCIC database leads to investigative delays when time is critical to ensuring the safe return of missing children, as evidenced by the fact that in 74 percent of abduction homicide cases the child is dead within the first 3 hours and 91 percent are killed within 24 hours. SEC. 3. MISSING CHILD REPORTING REQUIREMENTS. (a) In General.--Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following: ``(2) ensure that no law enforcement agency within the State establishes or maintains any policy that requires the removal of a missing person entry from its State law enforcement system or the National Crime Information Center computer network based solely on the age of the person;''; and (3) in paragraph (3), as redesignated, by striking ``immediately'' and inserting ``within 2 hours of receipt''. SEC. 4. STANDARDS FOR SEX OFFENDER REGISTRATION PROGRAMS. (a) In General.--Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071) is amended-- (1) in subsection (b)-- (A) in paragraph (1)(A)-- (i) by striking clause (i), and inserting the following: ``(i) inform the person of the duty to register and obtain the information required for such registration, including the person's name, current address, anticipated future residence, employer name and address, license plate number and other identifying information about each vehicle that the person owns, and student enrollment information;''; (ii) by striking clause (iv) and inserting the following: ``(iv) obtain fingerprints, a photograph, and a deoxyribonucleic acid (DNA) sample, unless they were obtained within the previous 3 months;''; (iii) in clause (v), by striking the period at the end and inserting the following: ``; and''; and (iv) by adding at the end the following: ``(vi) for persons who are incarcerated, perform each of the duties under clauses (i) through (v) prior to the release of that person from incarceration.''; (B) in paragraph (2)(A), in the second sentence, by inserting ``registration information for persons intending to move to another State is promptly made available to the registering agency of that State, and that'' after ``State procedures shall also ensure that''; (C) by striking paragraph (3) and inserting the following: ``(3) Verification.--For all persons required to register under this section, State procedures shall provide for verification of registry information not less than every 90 days.''; (D) by striking paragraph (4) and inserting the following: ``(4) Notification of local law enforcement agencies of changes in registry information.--State procedures shall provide that all persons required to register under this section shall report a change of name, address, employer name and address, vehicle information, and student enrollment information to a law enforcement agency that has jurisdiction where the person will reside, not later than 10 days after such change takes effect.''; and (E) by adding at the end the following: ``(8) Current photograph.--State procedures shall provide for local law enforcement to obtain a photograph for all persons required to register under this section-- ``(A) at the initial registration of the person; and ``(B) not less than annually at the time of verification of the registry information of that person, throughout the term of registration. ``(9) Driver's license or identification card.--State procedures shall require that all persons required to register under this section obtain, at the time of initial registration, a driver's license or identification card from the State Department of Motor Vehicles in the State in which that person resides.''; and (2) in subsection (d)-- (A) by striking ``A'' and inserting the following: ``(1) In general.--A''; and (B) by adding at the end the following: ``(2) Felony.--States shall designate a failure to comply with the registration and verification requirements of this section as a felony and permit such failure to be grounds for the immediate issuance of an arrest warrant. ``(3) Considerations.--States shall consider a failure to comply with the registration and verification requirements of this section as an ongoing offense for the purpose of statutes of limitation, and shall consider a failure to register each item of changed registry information as a separate offense.''.

Prevention and Recovery of Missing Children Act of 2002 - Amends the Crime Control Act of 1990 to require each State reporting on missing children to: (1) ensure that no law enforcement agency within the State establishes or maintains any policy that requires the removal of an entry from its State law enforcement system or the National Crime Information Center computer network based solely on the person's age; and (2) provide that any relevant information shall be entered within two hours of receipt (currently, immediately).Revises the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to require the responsible official to obtain from a sex offender who is required to register: (1) information regarding the offender's anticipated future residence, employer's name and address, license plate number and vehicle, and student enrollment; and (2) fingerprints and a deoxyribonucleic acid (DNA) sample, unless they were obtained within the previous three months.Sets forth requirements regarding State: (1) procedures involving offenders intending to move to another State; (2) timetables for the verification of registry information and the taking of photographs; and (3) procedures requiring offenders to obtain a driver's license or identification card from the State department of motor vehicles at the time of registration.Requires States to: (1) designate a failure to comply with the registration and verification requirements as a felony and permit such failure to be grounds for the immediate issuance of an arrest warrant; and (2) consider a failure to comply as an ongoing offense and a failure to register each item of changed registry information as a separate offense.

A bill to assist law enforcement in their efforts to recover missing children and to clarify the standards for State sex offender registration programs.

SECTION 1. CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY. (a) Findings.--The Congress makes the following findings: (1) The People's Liberation Army is the principal instrument of repression within the People's Republic of China, responsible for occupying Tibet since 1950, massacring hundreds of students and demonstrators for democracy in Tiananmen Square on June 4, 1989, and running the Laogai (``reform through labor'') slave labor camps. (2) The People's Liberation Army is engaged in a massive military buildup, which has involved a doubling since 1992 of announced official figures for military spending by the People's Republic of China. (3) The People's Liberation Army is engaging in a major ballistic missile modernization program which could undermine peace and stability in East Asia, including 2 new intercontinental missile programs, 1 submarine-launched missile program, a new class of compact but long-range cruise missiles, and an upgrading of medium- and short-range ballistic missiles. (4) The People's Liberation Army is working to coproduce the SU-27 fighter with Russia, and is in the process of purchasing several substantial weapons systems from Russia, including the 633 model of the Kilo-class submarine and the SS- N-22 Sunburn missile system specifically designed to incapacitate United States aircraft carriers and Aegis cruisers. (5) The People's Liberation Army has carried out acts of aggression in the South China Sea, including the February 1995 seizure of the Mischief Reef in the Spratley Islands, which is claimed by the Philippines. (6) In July 1995 and in March 1996, the People's Liberation Army conducted missile tests to intimidate Taiwan when Taiwan held historic free elections, and those tests effectively blockaded Taiwan's 2 principal ports of Keelung and Kaohsiung. (7) The People's Liberation Army has contributed to the proliferation of technologies relevant to the refinement of weapons-grade nuclear material, including transferring ring magnets to Pakistan. (8) The People's Liberation Army and associated defense companies have provided ballistic missile components, cruise missiles, and chemical weapons ingredients to Iran, a country that the executive branch has repeatedly reported to Congress is the greatest sponsor of terrorism in the world. (9) In May 1996, United States authorities caught the People's Liberation Army enterprise Poly Technologies and the civilian defense industrial company Norinco attempting to smuggle 2,000 AK-47s into Oakland, California, and offering to sell urban gangs shoulder-held missile launchers capable of ``taking out a 747'' (which the affidavit of the United States Customs Service of May 21, 1996, indicated that the representative of Poly Technologies and Norinco claimed), and Communist Chinese authorities punished only 4 low-level arms merchants by sentencing them on May 17, 1997, to brief prison terms. (10) The People's Liberation Army contributes to the People's Republic of China's failure to meet the standards of the 1995 Memorandum of Understanding with the United States on intellectual property rights by running factories which pirate videos, compact discs, and computer software that are products of the United States. (11) The People's Liberation Army contributes to the People's Republic of China's failing to meet the standards of the February 1997 Memorandum of Understanding with the United States on textiles by operating enterprises engaged in the transshipment of textile products to the United States through third countries. (12) The estimated $2 billion to $3 billion in annual earnings of People's Liberation Army enterprises subsidize the expansion and activities of the People's Liberation Army described in this subsection. (13) The commercial activities of the People's Liberation Army are frequently conducted on noncommercial terms, or for noncommercial purposes such as military or foreign policy considerations. (b) Policy.--It is the policy of the United States that commercial activities of the People's Liberation Army of China or any Communist Chinese military company are not extended normal tariff treatment by the United States or treated as normal commercial intercourse with the United States. SEC. 2. PROHIBITION ON MFN TREATMENT FOR IMPORTS FROM THE PEOPLE'S LIBERATION ARMY. (a) Determination of Communist Chinese Military Companies.-- (1) In general.--Subject to paragraphs (2) and (3), not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of the Treasury, the Attorney General, the Director of Central Intelligence, and the Director of the Federal Bureau of Investigation, shall compile a list of persons who are Communist Chinese military companies and who are operating directly or indirectly in the United States or any of its territories and possessions, and shall publish the list of such persons in the Federal Register. On an ongoing basis, the Secretary of Defense, in consultation with the Secretary of the Treasury, the Attorney General, the Director of Central Intelligence, and the Director of the Federal Bureau of Investigation, shall make additions or deletions to the list based on the latest information available. (2) Communist chinese military company.--For purposes of making the determination required by paragraph (1), the term ``Communist Chinese military company''-- (A) means a person that is-- (i) engaged in providing commercial services, manufacturing, producing, or exporting, and (ii) owned or controlled by the People's Liberation Army, and (B) includes, but is not limited to, any person identified in the United States Defense Intelligence Agency publication numbered VP-1920-271-90, dated September 1990, or PC-1921-57-95, dated October 1995, and any update of such reports for the purposes of this Act. (b) Tariffs.--Notwithstanding any other provision of law, nondiscriminatory treatment (most-favored-nation treatment) shall not apply to goods that are produced, manufactured, or exported by the People's Liberation Army or a Communist Chinese military company. (c) Treasury Authority.-- (1) Authority.--The Secretary of the Treasury may exercise the authorities set forth in section 203(a) of the International Emergency Economic Powers Act (50 U.S.C. 1702(a)) with respect to any commercial activity in the United States by a Communist Chinese military company, without regard to section 202 of that Act. (2) Penalties.--The penalties set forth in section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to violations of any license, order, or regulation issued under paragraph (1). (d) Effective Date.--Subsection (a) shall apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 105th day after the date of the enactment of this Act. SEC. 3. DEFINITION. For purposes of this Act, the term ``People's Liberation Army'' means the land, naval, and air military services, the police, and the intelligence services of the Communist Government of the People's Republic of China, and any member of any such service or of such police.

Directs the Secretary of Defense to compile and publish in the Federal Register a list of Communist Chinese military companies that are operating directly or indirectly in the United States or its territories and possessions. Prohibits the extension of nondiscriminatory treatment (most-favored-nation treatment) to goods that are produced, manufactured, or exported by the People's Liberation Army or a Communist Chinese military company.

To ensure that commercial activities of the People's Liberation Army of China or any Communist Chinese military company are not extended normal tariff treatment by the United States or treated as normal commercial intercourse with the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Increasing the Safety of Prescription Drug Use Act of 2013''. SEC. 2. PRESCRIPTION DRUG MONITORING PROGRAM. (a) Controlled Substance Monitoring Program.--Section 399O of the Public Health Service Act (42 U.S.C. 243g-3) is amended-- (1) in subsection (e), by adding at the end the following: ``(5) The State shall-- ``(A) ensure that the database-- ``(i) is interoperable with the controlled substance monitoring program of other States and other Federal agencies and across appropriate State agencies, including health agencies, as determined by the Secretary; ``(ii) is interoperable with electronic health records and e-prescribing, where appropriate; and ``(iii) provides automatic, real-time or daily information about a patient when a practitioner (or the designee of a practitioner, where permitted) requests information about such patient; ``(B) require practitioners to use State database information to help determine whether to prescribe or renew a prescription for a controlled substance; and ``(C) require dispensers, or their designees, where permitted, to enter data required by the Secretary, including the name of the patient, the date, and prescription dose, into the database for a controlled substance. ``(6) Notwithstanding section 543 and any other provision of law, the data required to be entered under paragraph (5)(C) shall include information with respect to methadone that is dispensed to a patient, if applicable. ``(7) The State shall ensure that-- ``(A) any person who receives patient information through the database may disclose and use such information only to carry out the official duties of that person with regard to the patient; and ``(B) notwithstanding subsection (f)(1)(B), no information kept in accordance with a database developed or maintained through a grant under this section may be used to conduct a criminal investigation or substantiate any criminal charges against a patient or to conduct any investigation of a patient relating to methadone use of the patient.''; and (2) in subsection (n), by striking ``To carry out this section'' and all that follows through the period at the end and inserting ``There are authorized to be appropriated for fiscal years 2014 through 2018 such sums as may be necessary to carry out this section.''. (b) Confidentiality of Records.--Section 543(a) of the Public Health Service Act (42 U.S.C. 290dd-2(a)) is amended by inserting ``or, with respect to methadone, as required under section 399O(e)(6)'' before the period at the end. (c) Requirements for Federal Health Care Programs.--Health care practitioners (as defined in paragraph (7) of section 399O(m) of the Public Health Service Act (42 U.S.C. 280g-3(m))) and dispensers (as defined in paragraph (4) of such section) who participate in or are employed by a Federal health care program or federally funded health care program, including the Indian Health Service, the Department of Veterans Affairs, the Department of Defense, the Federal Bureau of Prisons, the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), a State Medicaid plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the Children's Health Insurance Program under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.), and Federally qualified health centers, shall use the databases of the controlled substance monitoring programs under section 399O of the Public Health Service Act (42 U.S.C. 280g-3), if such databases are available to the practitioner or dispenser. SEC. 3. PILOT PROJECT. (a) In General.--The Secretary of Health and Human Services (referred to in this subsection as the ``Secretary'') shall award grants to one or more States to carry out a 1-year pilot project to develop a standardized peer review process and methodology to review and evaluate prescribing and pharmacy dispensing patterns, through a review of prescription drug monitoring programs (referred to in this section as ``PDMP'') in the States receiving such grants. (b) Methodology.--The recipients of a grant under this section shall develop a systematic, standardized methodology to identify and investigate questionable or inappropriate prescribing and dispensing patterns of substances on schedule II or III under section 202 of the Controlled Substances Act (21 U.S.C. 812). Such peer review methodology and prescribing and dispensing patterns shall be shared with the appropriate State health profession board. (c) Requirements.--A State receiving a grant under this section shall-- (1) with respect to controlled substances for which a prescriber is required to have a license issued by the Drug Enforcement Administration in order to prescribe such controlled substances, make the information with respect to such controlled substances from the PDMP available to State regulation and licensing boards; and (2) with respect to any other controlled substances, may make the information with respect to such controlled substances from the PDMP available to State regulation and licensing boards. (d) Subgrantees.--A quality improvement organization with which the Secretary has entered into a contract under part B of title XI of the Social Security Act may serve as the subgrantee under this subsection to develop peer review processes as described in subsection (a). SEC. 4. PRESCRIPTION DRUG AND OTHER CONTROLLED SUBSTANCE ABUSE PREVENTION. Part P of title III of the Public Health Service Act (42 U.S.C. 280g) is amended by adding at the end the following: ``SEC. 399V-6. PRESCRIPTION DRUG AND OTHER CONTROLLED SUBSTANCE ABUSE PREVENTION. ``(a) Training Grants.-- ``(1) In general.--The Secretary shall award 5-year grants to eligible entities to facilitate training in order to increase the capacity of health care providers to conduct patient screening and brief interventions, such as in health care settings to prevent the abuse of prescription drugs and other controlled substances. The grant program under this section may be coordinated with the Screening Brief Intervention and Referral to Treatment grant program of the Substance Abuse and Mental Health Services Administration, or other appropriate program. ``(2) Eligible entities.--In this subsection, the term `eligible entity' includes-- ``(A) States; ``(B) continuing education entities, such as health profession boards or health accrediting bodies; and ``(C) other appropriate health or professional education organizations or institutions. ``(b) Federal Health Care Workers.--Health care providers who participate in or are employed by a Federal health care program, including the Indian Health Service, the Department of Veterans Affairs, the Department of Defense, the Federal Bureau of Prisons, the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), a State Medicaid plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the State Children's Health Insurance Program under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.), and Federally qualified health centers, shall screen patients for abuse of prescription drugs or other controlled substances, conduct brief interventions, and provide referrals for known or suspected abuse of prescription drugs or other controlled substances, as appropriate. ``(c) Expansion of Prescribing Authority.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall award grants to States for the purpose of evaluating the prospect of the health professions board of such States reviewing and expanding prescribing authorities of providers, such as advance practice nurses and physician's assistants, in order to control the abuse of prescription drugs or other controlled substances with respect to specific drugs and other controlled substances, as appropriate.''. SEC. 5. PRESCRIPTION DRUG ABUSE TRAINING AND SCREENING PROGRAMS. (a) Continuing Education Grants.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall award grants to States to develop continuing education criteria and review processes that allow State health profession boards or State agencies to certify appropriate education and training for informed and safe prescribing of opioids and other drugs on schedule II and III under section 202 of the Controlled Substances Act (21 U.S.C. 812). (b) Registration With DEA.--A practitioner who registers or renews a registration under section 303(f) of the Controlled Substances Act (21 U.S.C. 823(f)) shall, at the time of registering, certify to the Attorney General that such practitioner has completed continuing medical education-- (1) in the case of a practitioner registering for the first time, with respect to prescription drug abuse; and (2) in the case of a practitioner renewing a registration, with respect to medical understanding of the proper use of all drugs listed in the schedules under section 202 of the Controlled Substances Act (21 U.S.C. 812). (c) Screening Program.--The Attorney General shall require that a practitioner registered under section 303(f) of the Controlled Substances Act (21 U.S.C. 823(f)) conduct patient screening for potential drug misuse or abuse before prescribing a drug listed on schedule II or III under section 202 of the Controlled Substances Act (21 U.S.C. 812), according to standards established by the applicable State licensing body. SEC. 6. FDA REVIEW OF NALOXONE. The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall conduct a review of naloxone to consider whether naloxone should cease to be subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)) and be available as a behind-the-counter drug, in order to increase access of such drug to community-based organizations and street outreach organizations. SEC. 7. PRESCRIPTION DRUG DISPOSAL. The Secretary of Health and Human Services shall convene or coordinate with an existing entity an interagency working group to encourage States and local governments to increase opportunities for disposal of opiates, such as frequent ``take-back programs'' and fixed medicine disposal sites at law enforcement public buildings, and to reduce opportunities for abuse of opiates, such as establishing opioid dispensing limits at hospital emergency departments. SEC. 8. GAO REPORT. The Comptroller General of the United States shall review prescription drug abuse programs and policies in Federal agencies and best practices with respect to prescription drug abuse programs of the States and, not later than 18 months after the date of enactment of this Act, shall issue a report to Congress on its findings and recommendations on ways to reduce prescription drug abuse.

Increasing the Safety of Prescription Drug Use Act of 2013 - Amends the Public Health Service Act, with respect to state databases for controlled substance monitoring programs, to require the state to: (1) ensure that its database is interoperable with other such programs and electronic health records and provides updated patient information available to a practitioner; (2) require practitioners to use database information to help determine whether to prescribe or renew a prescription for a controlled substance; and (3) require dispensers, where permitted, to enter patient data required by the Secretary of Health and Human Services (HHS) into the database, including concerning methadone dispensed. Imposes confidentiality protections regarding patient information in the database. Requires health care practitioners and dispensers who participate in or are employed by a federal or federally funded health care program, and federally qualified health centers, to use the databases of the controlled substance monitoring programs if they are available to the practitioner or dispenser. Directs the Secretary to award grants to carry out a pilot project to develop a standardized peer review process and methodology to review and evaluate prescribing and pharmacy dispensing patterns. Establishes a grant program to facilitate training to increase the capacity of health care providers to conduct patient screening and brief interventions. Requires health care providers who participate in or are employed by a federal health care program, and federally qualified health centers, to screen patients for abuse of prescription drugs or other controlled substances, conduct brief interventions, and provide referrals for known or suspected abuse of prescription drugs or other controlled substances. Requires the Secretary to award grants to states for: (1) evaluating the prospect of review by health professions boards of prescribing authorities of providers, and (2) development of continuing education criteria and review processes that allow health professions boards or state agencies to certify appropriate education and training for informed and safe prescribing of opioids and other drugs in schedules II and III of the Controlled Substances Act. Requires practitioners who register or renew a registration to dispense or conduct research with controlled substances in schedules II, III, IV, or V to certify that they have completed continuing medical education regarding prescription drug abuse (in the case of first-time registration) and regarding medical understanding of the proper use of all drugs listed in all of the controlled substances schedules (in the case of renewals). Directs the Attorney General to require a practitioner so registered to conduct patient screening for potential drug misuse or abuse before prescribing a schedule II or III drug, according to standards established by the state licensing body. Requires the Secretary to: (1) review naloxone to consider whether it should cease to be a prescription-only drug and be available as a behind-the-counter drug, in order to increase access of such drug to community-based organizations and street outreach organizations; and (2) convene or coordinate an interagency working group to encourage states and local governments to increase opportunities for disposal of opiates and to reduce opportunities for abuse, as by establishing opioid dispensing limits at hospital emergency departments. Directs the Comptroller General (GAO) to review prescription drug abuse programs and policies in federal agencies and best practices with respect to prescription drug abuse programs of the states.

Increasing the Safety of Prescription Drug Use Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Access to Manufactured Housing Act''. SEC. 2. MODIFICATIONS TO DEFINITIONS. (a) Loan Originator Definition.--Section 1503(4) of the S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5102(4)) is amended-- (1) in subparagraph (A)-- (A) in clause (iii), by striking ``and'' at the end; (B) in clause (iv), by striking the period and inserting ``; and''; and (C) by adding at the end the following new clause: ``(v) does not include an individual or entity that is a seller of manufactured homes, unless such individual or entity is engaged in the business of a loan originator or receives compensation or gain for engaging in activities described under clause (i) that is in excess of any compensation or gain received in a comparable cash transaction.''; and (2) by adding at the end the following: ``(E) Engaged in the business of a loan originator.--For purposes of this paragraph, the term `engaged in the business of a loan originator' means to perform loan originator activities described under subparagraph (A)(i) as a regular course of trade or business in exchange for compensation or gain paid solely for engaging in the sale or distribution of residential mortgage loans.''. (b) High-Cost Mortgage Definition.--Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended-- (1) by redesignating subsection (aa) (relating to disclosure of greater amount or percentage), as so designated by section 1100A of Public Law 111-203, as subsection (bb); (2) by redesignating subsection (bb) (relating to high-cost mortgages), as so designated by section 1100A of Public Law 111-203, as subsection (aa), and moving such subsection to immediately follow subsection (z); and (3) in subsection (aa)(1)(A), as so redesignated-- (A) in clause (i)(I)-- (i) by striking ``(8.5 percentage points, if the dwelling is personal property and the transaction is for less than $50,000)''; and (ii) by striking ``or'' at the end; (B) in clause (i)(II), by adding ``or'' at the end; (C) in clause (i), by adding at the end the following: ``(III) by a first mortgage on a consumer's principal dwelling that is considered personal property (or is a consumer credit transaction that does not include the purchase of real property on which a dwelling is to be placed), the annual percentage rate at consummation of the transaction will exceed the average prime offer rate, as defined in section 129C(b)(2)(B), for a comparable transaction, by more than-- ``(aa) 8.5 percentage points, in the case of a transaction in an amount of $50,000 or more, but less than $75,000 (as such amounts are adjusted by the Bureau to reflect the change in the Consumer Price Index); ``(bb) 10.5 percentage points, in the case of a transaction in an amount of more than $30,000, but less than $50,000 (as such amounts are adjusted by the Bureau to reflect the change in the Consumer Price Index); or ``(cc) 12.5 percentage points, in the case of a transaction in an amount of $30,000 or less (as such amount is adjusted by the Bureau to reflect the change in the Consumer Price Index), or a higher percentage established by the Bureau not to exceed 14.5 percentage points in such cases, if the Bureau determines that the lower rate would restrict access to credit and that raising the rate would not have a detrimental impact on consumer protection.''; and (D) in clause (ii)-- (i) in subclause (I), by striking ``or'' at the end; and (ii) by adding at the end the following: ``(III) in the case of a transaction for less than $75,000 in which the dwelling is considered personal property (or is a consumer credit transaction that does not include the purchase of real property on which a dwelling is to be placed) the greater of 5 percent of the total transaction amount or $3,000; or''.

Preserving Access to Manufactured Housing Act - Amends the S.A.F.E. Mortgage Licensing Act of 2008 to exclude a seller of manufactured homes from the definition of loan originator subject to such Act, unless such individual or entity is engaged in the business of a loan originator or receives compensation or gain for engaging in certain residential mortgage loan activities in excess of any compensation or gain received in a comparable cash transaction. Amends the Truth in Lending Act to revise the definition of "high cost mortgage."

A bill to amend the S.A.F.E. Mortgage Licensing Act of 2008 to provide an exception from the definition of loan originator for certain loans made with respect to manufactured homes, to amend the Truth in Lending Act to modify the definition of a high-cost mortgage, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Allowance Modernization Act of 2017''. SEC. 2. AMENDMENTS. (a) Former Presidents.--The first section of the Act entitled ``An Act to provide retirement, clerical assistants, and free mailing privileges to former Presidents of the United States, and for other purposes'', approved August 25, 1958 (commonly known as the ``Former Presidents Act of 1958'') (3 U.S.C. 102 note), is amended-- (1) by redesignating subsections (f) and (g) as subsections (h) and (i), respectively; (2) by striking the matter preceding subsection (e) and inserting the following: ``(a) Annuities and Allowances.-- ``(1) Annuity.--Each former President shall be entitled to receive from the United States an annuity, subject to subsections (b) and (c)-- ``(A) at the rate of $200,000 per year; and ``(B) which shall commence on the day after the date on which an individual becomes a former President. ``(2) Allowance.--The General Services Administration is authorized to provide each former President a monetary allowance, subject to appropriations and subsections (b), (c), and (d), at the rate of-- ``(A) $500,000 per year for 5 years beginning on the day after the last day of the period described in the first sentence of section 5 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note); ``(B) $350,000 per year for the 5 years following the 5-year period under subparagraph (A); and ``(C) $250,000 per year thereafter. ``(b) Duration; Frequency.-- ``(1) In general.--The annuity and monetary allowance under subsection (a) shall-- ``(A) terminate on the date that is 30 days after the date on which the former President dies; and ``(B) be payable by the Secretary of the Treasury on a monthly basis. ``(2) Appointive or elective positions.--The annuity and monetary allowance under subsection (a) shall not be payable for any period during which a former President holds an appointive or elective position in or under the Federal Government to which is attached a rate of pay other than a nominal rate. ``(c) Cost-of-Living Increases.--Effective December 1 of each year, each annuity and monetary allowance under subsection (a) that commenced before that date shall be increased by the same percentage by which benefit amounts under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased, effective as of that date, as a result of a determination under section 215(i) of that Act (42 U.S.C. 415(i)). ``(d) Limitation on Monetary Allowance.-- ``(1) In general.--Notwithstanding any other provision of this section, the monetary allowance payable under subsection (a)(2) to a former President for any 12-month period-- ``(A) except as provided in subparagraph (B), may not exceed the amount by which-- ``(i) the monetary allowance that (but for this subsection) would otherwise be so payable for the 12-month period, exceeds (if at all) ``(ii) the applicable reduction amount for the 12-month period; and ``(B) shall not be less than the amount determined under paragraph (4). ``(2) Definition.-- ``(A) In general.--For purposes of paragraph (1), the term `applicable reduction amount' means, with respect to any former President and in connection with any 12-month period, the amount by which-- ``(i) the earned income (as defined in section 32(c)(2) of the Internal Revenue Code of 1986) of the former President for the most recent taxable year for which a tax return is available, exceeds (if at all) ``(ii) $400,000, subject to subparagraph (C). ``(B) Joint returns.--In the case of a joint return, subparagraph (A)(i) shall be applied by taking into account both the amounts properly allocable to the former President and the amounts properly allocable to the spouse of the former President. ``(C) Cost-of-living increases.--The dollar amount specified in subparagraph (A)(ii) shall be adjusted at the same time that, and by the same percentage by which, the monetary allowance of the former President is increased under subsection (c) (disregarding this subsection). ``(3) Disclosure requirement.-- ``(A) Definitions.--In this paragraph-- ``(i) the terms `return' and `return information' have the meanings given those terms in section 6103(b) of the Internal Revenue Code of 1986; and ``(ii) the term `Secretary' means the Secretary of the Treasury or the Secretary of the Treasury's delegate. ``(B) Requirement.--A former President may not receive a monetary allowance under subsection (a)(2) unless the former President discloses to the Secretary, upon the request of the Secretary, any return or return information of the former President or spouse of the former President that the Secretary determines is necessary for purposes of calculating the applicable reduction amount under paragraph (2) of this subsection. ``(C) Confidentiality.--Except as provided in section 6103 of the Internal Revenue Code of 1986 and notwithstanding any other provision of law, the Secretary may not, with respect to a return or return information disclosed to the Secretary under subparagraph (B)-- ``(i) disclose the return or return information to any entity or person; or ``(ii) use the return or return information for any purpose other than to calculate the applicable reduction amount under paragraph (2). ``(4) Increased costs due to security needs.--With respect to the monetary allowance that would be payable to a former President under subsection (a)(2) for any 12-month period but for the limitation under paragraph (1) of this subsection, the Administrator of General Services, in coordination with the Director of the United States Secret Service, shall determine the amount of the monetary allowance that is needed to pay the increased cost of doing business that is attributable to the security needs of the former President.''; (3) by inserting after subsection (e) the following: ``(f) Office Staff.-- ``(1) In general.--The Administrator of General Services shall, without regard to the civil service and classification laws, provide for each former President an office staff of not more than 13 individuals, at the request of the former President, on a reimbursable basis. ``(2) Compensation.--The annual rate of compensation payable to any individual under paragraph (1) shall not exceed the highest annual rate of basic pay for positions at level II of the Executive Schedule under section 5313 of title 5, United States Code. ``(3) Selection; responsibility.--An individual employed under this subsection-- ``(A) shall be selected by the former President; and ``(B) shall be responsible only to the former President for the performance of duties. ``(g) Office Space and Related Furnishings and Equipment.-- ``(1) Office space.--The Administrator of General Services (referred to in this subsection as the `Administrator') shall, at the request of a former President, on a reimbursable basis provide for the former President suitable office space, as determined by the Administrator, at a place within the United States specified by the former President. ``(2) Furnishings and equipment.-- ``(A) Reimbursable.--The Administrator may, at the request of a former President, provide the former President with suitable office furnishings and equipment on a reimbursable basis. ``(B) Without reimbursement.-- ``(i) Grandfathered former presidents.--In the case of any individual who is a former President on the date of enactment of the Presidential Allowance Modernization Act of 2017, the former President may retain without reimbursement any furniture and equipment in the possession of the former President. ``(ii) Presidential transition act.--A former President may retain without reimbursement any furniture or equipment acquired under section 5 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note). ``(iii) Excess furniture and equipment.-- The Administrator may provide excess furniture and equipment to the office of a former President at no cost other than necessary transportation costs.''; and (4) by adding at the end the following: ``(j) Applicability.--Subsections (f), (g) (other than paragraph (2)(B)(i) of that subsection), and (i) shall apply with respect to a former President on and after the day after the last day of the period described in the first sentence of section 5 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note).''. (b) Surviving Spouses of Former Presidents.-- (1) Increase in amount of monetary allowance.--Subsection (e) of the first section of the Former Presidents Act of 1958 is amended-- (A) in the first sentence, by striking ``$20,000 per annum,'' and inserting ``$100,000 per year (subject to paragraph (4)),''; and (B) in the second sentence-- (i) in paragraph (2), by striking ``and'' at the end; (ii) in paragraph (3)-- (I) by striking ``or the government of the District of Columbia''; and (II) by striking the period and inserting ``; and''; and (iii) by inserting after paragraph (3) the following: ``(4) shall, after its commencement date, be increased at the same time that, and by the same percentage by which, annuities of former Presidents are increased under subsection (c).''. (2) Coverage of widower of a former president.--Subsection (e) of the first section of the Former Presidents Act of 1958, as amended by paragraph (1), is amended-- (A) by striking ``widow'' each place it appears and inserting ``widow or widower''; and (B) by striking ``she'' and inserting ``she or he''. (c) Subsection Headings.--The first section of the Former Presidents Act of 1958 is amended-- (1) in subsection (e), by inserting after the subsection enumerator the following: ``Widows and Widowers.--''; (2) in subsection (h) (as redesignated by subsection (a)(1)), by inserting after the subsection enumerator the following: ``Definition.--''; and (3) in subsection (i) (as redesignated by subsection (a)(1)), by inserting after the subsection enumerator the following: ``Authorization of Appropriations.--''. (d) Conforming Amendments.-- (1) Title 5.--Subpart G of part III of title 5, United States Code, is amended-- (A) in section 8101(1)(E), by striking ``1(b)'' and inserting ``1(f)''; (B) in section 8331(1)(I), by striking ``1(b)'' and inserting ``1(f)''; (C) in section 8701(a)(9), by striking ``1(b)'' and inserting ``1(f)''; and (D) in section 8901(1)(H) by striking ``1(b)'' and inserting ``1(f)''. (2) Presidential transition act of 1963.--Section 5 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended by striking the last sentence. SEC. 3. RULE OF CONSTRUCTION. Nothing in this Act or an amendment made by this Act shall be construed to affect-- (1) any provision of law relating to the security or protection of a former President or a member of the family of a former President; (2) funding, under the Former Presidents Act of 1958 or any other law, to carry out any provision of law described in paragraph (1); or (3) funding for any office space lease in effect on the day before the date of enactment of this Act under subsection (c) of the first section of the Former Presidents Act of 1958 (as in effect on the day before the date of enactment of this Act) until the expiration date contained in the lease, if the lease was submitted to the Committee on Oversight and Government Reform of the House of Representatives on April 12, 2017. SEC. 4. TRANSITION RULES. (a) Former Presidents.--In the case of any individual who is a former President on the date of enactment of this Act, the amendments made by section 2(a) shall be applied as if the commencement date referred in subsections (a)(1)(B) and (a)(2)(A) of the first section of the Former Presidents Act of 1958, as amended by section 2(a), coincided with the date that is 180 days after the date of enactment of this Act. (b) Widows.--In the case of any individual who is the widow of a former President on the date of enactment of this Act, the amendments made by section 2(b)(1) shall be applied as if the commencement date referred to in subsection (e)(1) of the first section of the Former Presidents Act of 1958, as amended by section 2(b)(1), coincided with the date that is 180 days after the date of enactment of this Act. SEC. 5. APPLICABILITY. For a former President receiving a monetary allowance under the Former Presidents Act of 1958 on the day before the date of enactment of this Act, the limitation under subsection (d)(1) of the first section of that Act, as amended by section 2(a), shall apply to the monetary allowance of the former President, except to the extent that the application of the limitation would prevent the former President from being able to pay the cost of a lease or other contract that is in effect on the day before the date of enactment of this Act and under which the former President makes payments using the monetary allowance, as determined by the Administrator of General Services. Passed the House of Representatives November 13, 2017. Attest: KAREN L. HAAS, Clerk.

Presidential Allowance Modernization Act of 2017 (Sec. 2) This bill amends the Former Presidents Act of 1958 to to revise provisions governing the compensation provided to a former President. Each former President shall receive from the United States an annuity of $200,000 per year. The General Services Administration (GSA) is authorized to provide each former President a monetary allowance of $500,000 per year for five years beginning six months after the expiration of his or her term, $350,000 per year for the next five years, and $250,000 per year thereafter. Such annuity and allowance shall be increased each year by the same percentage as Social Security benefits. Such allowance shall be reduced by the amount the former President's earned income exceeds $400,000. The bill: (1) limits the office staff provided for each former President to not more than 13 individuals, and (2) requires that suitable office space for a former President be provided on a reimbursable basis. The increases from $20,000 per year to $100,000 per year, and provides for cost-of-living adjustments to, the monetary allowance amount for surviving spouses of former Presidents.

Presidential Allowance Modernization Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Compliance Enforcement Act of 1994''. SEC. 2. DEFINITIONS. In this Act: (1) The term ``person'' includes an individual, partnership, corporation, association, or public or private organization. (2) The term ``current in payment'' means a person either has no outstanding Federal tax obligation owed to the United States Treasury (including any associated interest and penalties), or is in compliance with a payment schedule established by the Internal Revenue Service with respect to an outstanding Federal tax obligation. (3) The term ``current in filing'' means a person is in compliance with all filing requirements under sections 6071, 6072, and 6075 of the Internal Revenue Code of 1986. (4) The term ``delinquent taxpayer'' means any person who is not current in payment or current in filing with respect to any Federal tax obligation (including any associated interest and penalties). (5) The term ``Federal benefit''-- (A) means the issuance of any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or as the result of appropriated funds of the United States; and (B) does not include any retirement, welfare, social security, health, disability, veterans, public housing, or other similar benefit, or any other benefit for which payments or services are required for eligibility. (6) The term ``Federal tax obligation'' means a tax obligation arising from a tax imposed under the Internal Revenue Code of 1986. (7) The term ``Commissioner'' means the Commissioner of the Internal Revenue Service. SEC. 3. PROHIBITION OF GOVERNMENT EMPLOYMENT OR FEDERAL BENEFITS PROVIDED TO DELINQUENT TAXPAYERS. (a) In General.--No person shall receive any Federal benefit, nor be hired as an officer or employee of the Government of the United States, if that person is a delinquent taxpayer. (b) Coverage.--The prohibition in subsection (a) shall apply to any department, agency, or office of the Government of the United States, including-- (1) the Legislative Branch of the United States, and (2) the Judicial Branch of the United States. (c) Subgrantees and Subcontractors Included.--The prohibition in subsection (a) shall apply to any subgrantee or subcontractor, subject to reasonable limitations to be established by the Administrator of the General Services Administration. (d) Exceptions.--The prohibition in subsection (a) may be waived by the appropriate head of the entity described in subsection (b), if the waiver is necessary to meet a critical governmental need. (e) Regulations.--The Commissioner shall promulgate such regulations as are necessary to carry out this Act. (f) Effective Date.--This section shall be effective on and after the date which is one year after the date of enactment of this Act. SEC. 4. INCREASES IN TAX-RELATED CRIMINAL FINES. (a) Attempt To Evade or Defeat Tax.--Section 7201 of the Internal Revenue Code of 1986 (relating to attempt to evade or defeat tax) is amended by striking ``$100,000 ($500,000 in the case of a corporation)'' and inserting ``$325,000 ($750,000 in the case of a corporation)''. (b) Willful Failure To File Return, Supply Information, or Pay Tax.--Section 7203 of the Internal Revenue Code of 1986 (relating to willful failure to file return, supply information, or pay tax) is amended-- (1) by striking ``$25,000 ($100,000 in the case of a corporation)'' in the first sentence and inserting ``$125,000 ($250,000 in the case of a corporation)'', and (2) by inserting before the period at the end of the third sentence ``and `$325,000 ($750,000 in the case of a corporation)' for `$125,000 ($250,000 in the case of a corporation)'''. (c) Fraud and False Statements.--Section 7206 of the Internal Revenue Code of 1986 (relating to fraud and false statements) is amended by striking ``$100,000 ($500,000 in the case of a corporation)'' and inserting ``$325,000 ($750,000 in the case of a corporation)''. (d) Fraudulent Returns, Statements, or Other Documents.--Section 7207 of the Internal Revenue Code of 1986 (relating to fraudulent returns statements, or other documents) is amended by striking ``$10,000 ($50,000 in the case of a corporation)'' both places it appears and inserting ``$125,000 ($250,000 in the case of a corporation)''. (e) Effective Date.--The amendments made by this section shall apply to offenses committed after the date of the enactment of this Act.

Tax Compliance Enforcement Act of 1994 - Amends the Internal Revenue Code to prohibit a delinquent taxpayer from receiving Federal benefits or from being hired as an officer or employee of the Government of the United States, including the legislative and judicial branches. Increases certain tax-related criminal fines.

Tax Compliance Enforcement Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Price-Anderson Amendments Act of 2003''. SEC. 2. EXTENSION OF INDEMNIFICATION AUTHORITY. (a) Indemnification of Nuclear Regulatory Commission Licensees.-- Section 170 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(c)) is amended-- (1) in the subsection heading, by striking ``Licenses'' and inserting ``Licensees''; and (2) by striking ``August 1, 2002'' each place it appears and inserting ``August 1, 2017''. (b) Indemnification of Department of Energy Contractors.--Section 170 d.(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)(1)(A)) is amended by striking ``December 31, 2004'' and inserting ``August 1, 2017''. (c) Indemnification of Nonprofit Educational Institutions.--Section 170 k. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(k)) is amended by striking ``August 1, 2002'' each place it appears and inserting ``August 1, 2017''. SEC. 3. MAXIMUM ASSESSMENT. Section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) is amended-- (1) in the second proviso of the third sentence of subsection b.(1)-- (A) by striking ``$63,000,000'' and inserting ``$94,000,000''; and (B) by striking ``$10,000,000 in any 1 year'' and inserting ``$15,000,000 in any 1 year (subject to adjustment for inflation under subsection t.)''; and (2) in subsection t.(1)-- (A) by inserting ``total and annual'' after ``amount of the maximum''; (B) by striking ``the date of the enactment of the Price-Anderson Amendments Act of 1988'' and inserting ``July 1, 2002''; and (C) by striking ``such date of enactment'' and inserting ``July 1, 2002''. SEC. 4. DEPARTMENT OF ENERGY LIABILITY LIMIT. (a) Indemnification of Department of Energy Contractors.--Section 170 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)) is amended by striking paragraph (2) and inserting the following: ``(2) In an agreement of indemnification entered into under paragraph (1), the Secretary-- ``(A) may require the contractor to provide and maintain financial protection of such a type and in such amounts as the Secretary shall determine to be appropriate to cover public liability arising out of or in connection with the contractual activity; and ``(B) shall indemnify the persons indemnified against such liability above the amount of the financial protection required, in the amount of $10,000,000,000 (subject to adjustment for inflation under subsection t.), in the aggregate, for all persons indemnified in connection with the contract and for each nuclear incident, including such legal costs of the contractor as are approved by the Secretary.''. (b) Contract Amendments.--Section 170 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)) is further amended by striking paragraph (3) and inserting the following: ``(3) All agreements of indemnification under which the Department of Energy (or its predecessor agencies) may be required to indemnify any person under this section shall be deemed to be amended, on the date of enactment of the Price-Anderson Amendments Act of 2003, to reflect the amount of indemnity for public liability and any applicable financial protection required of the contractor under this subsection.''. (c) Liability Limit.--Section 170 e.(1)(B) of the Atomic Energy Act of 1954 (42 U.S.C. 2210(e)(1)(B)) is amended-- (1) by striking ``the maximum amount of financial protection required under subsection b. or''; and (2) by striking ``paragraph (3) of subsection d., whichever amount is more'' and inserting ``paragraph (2) of subsection d.''. SEC. 5. INCIDENTS OUTSIDE THE UNITED STATES. (a) Amount of Indemnification.--Section 170 d.(5) of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)(5)) is amended by striking ``$100,000,000'' and inserting ``$500,000,000''. (b) Liability Limit.--Section 170 e.(4) of the Atomic Energy Act of 1954 (42 U.S.C. 2210(e)(4)) is amended by striking ``$100,000,000'' and inserting ``$500,000,000''. SEC. 6. REPORTS. Section 170 p. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(p)) is amended by striking ``August 1, 1998'' and inserting ``August 1, 2013''. SEC. 7. INFLATION ADJUSTMENT. Section 170 t. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(t)) is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by adding after paragraph (1) the following: ``(2) The Secretary shall adjust the amount of indemnification provided under an agreement of indemnification under subsection d. not less than once during each 5-year period following July 1, 2002, in accordance with the aggregate percentage change in the Consumer Price Index since-- ``(A) that date, in the case of the first adjustment under this paragraph; or ``(B) the previous adjustment under this paragraph.''. SEC. 8. TREATMENT OF MODULAR REACTORS. Section 170 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(b)) is amended by adding at the end the following: ``(5)(A) For purposes of this section only, the Commission shall consider a combination of facilities described in subparagraph (B) to be a single facility having a rated capacity of 100,000 electrical kilowatts or more. ``(B) A combination of facilities referred to in subparagraph (A) is 2 or more facilities located at a single site, each of which has a rated capacity of 100,000 electrical kilowatts or more but not more than 300,000 electrical kilowatts, with a combined rated capacity of not more than 1,300,000 electrical kilowatts.''. SEC. 9. APPLICABILITY. The amendments made by sections 3, 4, and 5 do not apply to a nuclear incident that occurs before the date of the enactment of this Act. SEC. 10. CIVIL PENALTIES. (a) Repeal of Automatic Remission.--Section 234A b.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2282a(b)(2)) is amended by striking the last sentence. (b) Limitation for Not-For-Profit Institutions.--Subsection d. of section 234A of the Atomic Energy Act of 1954 (42 U.S.C. 2282a(d)) is amended to read as follows: ``d.(1) Notwithstanding subsection a., in the case of any not-for- profit contractor, subcontractor, or supplier, the total amount of civil penalties paid under subsection a. may not exceed the total amount of fees paid within any one-year period (as determined by the Secretary) under the contract under which the violation occurs. ``(2) For purposes of this section, the term `not-for-profit' means that no part of the net earnings of the contractor, subcontractor, or supplier inures, or may lawfully inure, to the benefit of any natural person or for-profit artificial person.''. (c) Effective Date.--The amendments made by this section shall not apply to any violation of the Atomic Energy Act of 1954 occurring under a contract entered into before the date of enactment of this section.

Price-Anderson Amendments Act of 2003 - Amends the Atomic Energy Act of 1954 to extend from August 1, 2002 to August 1, 2017 the indemnification authority of the Nuclear Regulatory Commission (NRC) and the Secretary of Energy (Secretary) with respect to certain licensees, Department of Energy (DOE) contractors, and nonprofit educational institutions, respectively.Increases the maximum amount of standard deferred premium that may be assessed a licensee following a nuclear incident.Specifies $10 billion as the aggregate amount by which the Secretary must indemnify DOE contractors above the amount of the financial protection required for each nuclear incident.Increases from $100 million to $500 million the indemnification limits for incidents outside the United States.Mandates an indemnification inflation adjustment at least once every five years.Instructs the NRC to consider a combination of modular reactors at a single site.Repeals the requirement that the Secretary determine by rule whether nonprofit educational institutions should receive automatic remissions of civil monetary penalties for violations of DOE regulations.Limits the civil liability incurred by not-for-profit contractors, subcontractors, and suppliers to the total amount of fees paid within any one-year period under the contract to which the violation occurs.

To extend indemnification authority under section 170 of the Atomic Energy Act of 1954, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Heating Fuels Cost Relief Act of 2008''. SEC. 2. REFUNDABLE CREDIT FOR CERTAIN INDIVIDUALS USING HOME HEATING FUELS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. USE OF HOME HEATING FUELS IN HOMES. ``(a) Allowance of Credit.--In the case of an eligible individual, there shall be allowed to the taxpayer as a credit against the tax imposed by this chapter for the taxable year an amount equal to amounts paid or incurred by the taxpayer during the taxable year for heating oil, natural gas, and propane to heat the principal place of abode of the taxpayer. ``(b) Limitations.-- ``(1) Limitation based on dollar amount.--The amount allowed as a credit under subsection (a) for a taxable year shall not exceed $1,000 ($2,000 in the case of a joint return). ``(2) Limitation based on adjusted gross income.--No amount shall be allowed as a credit under subsection (a) for a taxable year in the case of a taxpayer whose adjusted gross income exceeds $100,000 ($200,000 in the case of a joint return). ``(c) Eligible Individual.-- ``(1) In general.--For purposes of this section, the term `eligible individual' means any individual whose principal place of abode is in the United States. ``(2) Exception.--Except as provided in paragraph (3), such term shall not include any individual-- ``(A) who is not a citizen or lawful permanent resident of the United States, or ``(B) with respect to whom a deduction under section 151 is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(3) Special rule for married individuals.--In the case of persons married to each other, if one spouse is an eligible individual, the other spouse shall be treated as an eligible individual for purposes of this subsection. ``(d) Denial of Double Benefit.--For purposes of this section, no credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(e) Termination.--This section shall not apply to any taxable year beginning after December 31, 2009.''. (b) Conforming Amendment.--Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36,'' after ``35,''. (c) Clerical Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 36 and inserting the following new items: ``Sec. 36. Use of home heating fuels in homes. ``Sec. 37. Overpayments of tax.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. GRANTS TO STATES TO CREATE HOME WEATHERIZATION LOAN PROGRAMS. (a) In General.--The Secretary shall carry out a program to make grants to States in accordance with this section to create revolving loan funds to provide eligible individuals with loans to purchase weatherization materials for the purpose of weatherizing the principal place of abode of the individual. (b) Establishment of Fund.--To be eligible to receive a grant under this section, a State shall establish a weatherization revolving loan fund (referred to in this section as the ``State loan fund'') and comply with the other requirements of this section. Each grant to a State under this section shall be deposited in the State loan fund established by the State. (c) Applications.-- (1) In general.--The Secretary shall issue requirements for applying for grants under this section. (2) Determination of grant amounts.--In determining the amount of the grant awarded to a State, the Secretary shall consider-- (A) the incidence of extreme winter or summer temperatures within the State; (B) the average age of homes within the State; and (C) such other factors as the Secretary determines are appropriate. (d) Program Requirements.-- (1) Use of funds.-- (A) In general.--Amounts deposited in a State loan fund, including loan repayments and interest earned on such amounts, shall be used only for providing loans to eligible individuals to purchase weatherization materials for the purpose of weatherizing the principal place of abode of the individual. (B) Loan amount limitations.-- (i) Individuals.--Subject to clause (ii), the total amount of all loans made from the State loan fund to an eligible individual during a calendar year may not exceed $5,000. (ii) Dwelling.--The combined amount of all loans made from the State loan fund to eligible individuals living within a single dwelling during a calendar year may not exceed $10,000. (C) Income limitation and interest rates.-- (i) For an eligible individual with adjusted gross income for the previous taxable year of $100,000 or less, the annual interest rate for each loan shall be 1 percent. (ii) For an eligible individual with adjusted gross income for the previous taxable year of more than $100,000 but no more than $200,000, the annual interest rate for each loan shall be 2 percent. (iii) An eligible individual making more than $200,000 is not eligible for a loan made from the State loan fund. (D) Loan repayment.--In order to receive a loan from a State loan fund, an eligible individual must enter into an agreement with the State to repay the full amount of the loan, plus interest, not more than 2 years after the date on which the individual receives the loan funds. (2) Annual report.--Each State receiving a grant under this section shall submit an annual report to the Secretary detailing the use of funds from the State loan fund. (e) Report to Congress.--The Secretary shall submit an annual report to the Congress detailing the distribution of grant funds, including a copy of each report submitted to the Secretary pursuant to subsection (d)(2). (f) Definitions.--For purposes of this section: (1) Eligible individual.--The term ``eligible individual'' means an individual-- (A) whose principal place of abode is in the United States; (B) who is a citizen or lawful permanent resident of the United States; and (C) with respect to whom a deduction under section 151 is not allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. (2) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (3) Weatherization materials.--The term ``weatherization materials'' means-- (A) caulking and weatherstripping of doors and windows; (B) furnace efficiency modifications, including, but not limited to-- (i) replacement burners, furnaces, or boilers or any combination thereof; (ii) devices for minimizing energy loss through heating system, chimney, or venting devices; and (iii) electrical or mechanical furnace ignition systems which replace standing gas pilot lights; (C) clock thermostats; (D) ceiling, attic, wall, floor, and duct insulation; (E) water heater insulation; (F) storm windows and doors, multiglazed windows and doors, heat-absorbing or heat-reflective window and door materials; (G) cooling efficiency modifications, including, but not limited to, replacement air-conditioners, ventilation equipment, screening, window films, and shading devices; (H) solar thermal water heaters; (I) wood-heating appliances; and (J) such other insulating or energy conserving devices or technologies as the Secretary may determine, after consulting with the Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Director of the Community Services Administration. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section.

Home Heating Fuels Cost Relief Act of 2008 - Amends the Internal Revenue Code to allow an income-based refundable tax credit for up to $1,000 ($2,000 in the case of a joint return) of the cost of heating oil, natural gas, and propane to heat a principal residence. Terminates such credit after 2009. Directs the Secretary of the Treasury to make grants to states to create revolving loan funds for home weatherization loans.

To amend the Internal Revenue Code to provide for a refundable tax credit for heating fuels and to create a grant program for States to provide individuals with loans to weatherize their homes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Code Like a Girl Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Growth in the STEM workforce is dominated by new computing jobs, and the Nation needs to leverage all of its human capital to meet the demand. The Bureau of Labor Statistics projects that, of all the new STEM occupations created from 2014 to 2024, nearly \2/3\ will be computing jobs. (2) More work is needed to ensure women are equally represented in the computer science workforce. According to the Bureau of Labor Statistics, in 2016, women held more than 51 percent of all professional occupations in the United States, but only 26 percent of the computing-related occupations. This is compared with the all-time peak of 26 percent of the computing-related occupations in 1991. (3) The gender disparity in computer science extends down through all levels of education. In 2016, only 23 percent of AP Computer Science exam takers were female. The number of computer science degrees awarded to women has steadily declined for bachelor's degree earners from 29 percent in 1995 to just 18 percent in 2014. (4) A 2010 study funded by the National Science Foundation found that a majority of both women and men scientists and Ph.D. students became interested in science before middle school. Women scientists in this study were more likely than men to mention teachers as the source of their initial interest in science, substantiating the need for teachers to engage young girls in the classroom. (5) Gender disparities are also observed at the earliest levels of education. Studies have shown that, at around 6 years old, girls develop the belief that brilliance is a male characteristic. This negative stereotype, once adopted, is shown to have an immediate effect, as girls start to lose interest in activities they perceive as requiring brilliance. (6) Research into the cause of the early adoption of this stereotype is limited, but implicit biases held by teachers have been shown to have a negative impact on girls' academic achievement in math and science and on their future decisions to enroll in advanced courses in these subjects. (7) While significant work is being done to expand access to high-quality computer science education for female students at the secondary and postsecondary level, there are few research funding opportunities focused exclusively on girls in early childhood education. (8) Despite the limited attention being paid to this age group, research has shown that interventions with girls at an early age can reduce the negative impact of gendered stereotypes. Scientists have found that positive experiences with robotics and computing lead to greater interest and self- confidence among girls, even after gender stereotypes about computing have been adopted. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (3) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), except that such term also includes preschools, after- school programs, and summer programs. (4) STEM.--The term ``STEM'' means science, technology, engineering, and mathematics, including computer science. (5) Young girls.--The term ``young girls'' means female individuals who have not attained the age of 11. SEC. 4. RESEARCH GRANTS. (a) In General.--The Director shall award grants on a competitive basis to institutions of higher education, local educational agencies, or nonprofit organizations (or consortia of such institutions, agencies, or organizations), to accelerate research efforts to increase understanding of the factors that contribute to the willingness or unwillingness of young girls to participate in STEM activities. (b) Research Areas.--Research areas funded by a grant under this section may include-- (1) the role of teacher training and professional development, including effective incentive structures to encourage teachers to participate in such training and professional development, in encouraging or discouraging young girls from participating in STEM activities; (2) the role of implicit bias in the classroom in shaping young girls' perceptions of STEM and discouraging such girls from participating in STEM activities; (3) the role of other facets of the learning environment on the willingness of young girls to participate in STEM activities, including learning materials and textbooks, classroom decorations, seating arrangements, use of media and technology, classroom culture, and gender composition of students during group work; (4) the role of parents and other caregivers in encouraging or discouraging young girls from participating in STEM activities; (5) the types of STEM activities that encourage greater participation by young girls; and (6) any other activity the Director determines will accomplish the goals of this section. (c) Grant Recipient Report.--An entity awarded a grant under this section shall report to the Director, at such time and in such manner as the Director may require, on the activities carried out and materials developed using such grant funds. SEC. 5. DEVELOPMENT AND TESTING OF SCALABLE MODELS FOR INCREASED ENGAGEMENT. (a) In General.--The Director shall award grants on a competitive basis, to institutions of higher education or nonprofit organizations (or consortia of such institutions or organizations), to develop and evaluate interventions in pre-K and elementary school classrooms that seek to increase participation of young girls in computer science activities. (b) Partnerships.--In order to be eligible to receive a grant under this section, an institution of higher education, nonprofit organization, or consortium shall enter into a partnership with one or more local educational agencies in carrying out the activities funded by such grant. (c) Uses of Funds.--Grants awarded under this section shall be used for activities that draw upon the expertise of the partner entities described in subsection (b) to increase participation of young girls in computer science activities, including-- (1) offering training and professional development programs, including summer or academic year institutes or workshops, designed to strengthen the capabilities of pre-K and elementary school teachers and to familiarize such teachers with the role of gender bias in the classroom; (2) offering innovative pre-service and in-service programs that instruct teachers on gender-inclusive practices for teaching computing concepts; (3) developing distance learning programs for teachers or students, including developing curricular materials, play-based computing activities, and other resources for the in-service professional development of teachers that are made available to teachers through the internet; (4) developing a cadre of master teachers who will promote reform and the adoption of gender-inclusive practices in teaching computer science concepts in early childhood education; (5) developing tools to evaluate activities conducted under this section; (6) developing or adapting pre-K and elementary school computer science curricular materials that incorporate contemporary research on the science of learning, particularly with respect to gender inclusion; (7) developing and offering gender-inclusive computer science enrichment programs for students, including after- school and summer programs; (8) providing mentors for girls in person and through the internet to support such girls in participating in computer science activities; (9) educating the parents of girls about the difficulties faced by girls to maintain an interest and desire to participate in computer science activities, and enlisting the help of parents in overcoming these difficulties; (10) acquainting girls with careers in computer science and encouraging girls to consider careers in such field; and (11) any other activities the Director determines will accomplish the goals of this section. (d) Grant Recipient Report.--An entity awarded a grant under this section shall report to the Director, at such time and in such manner as the Director may require, on the activities carried out and materials developed using such grant funds. (e) Evaluation Required.--Not later than 4 years after the date of enactment of this Act, and every 3 years thereafter, the Director shall evaluate the grant program under this section. At a minimum, such evaluation shall-- (1) use a common set of benchmarks and assessment tools to identify best practices and materials developed and demonstrated by the partnerships described in subsection (b); and (2) to the extent practicable, compare the effectiveness of practices and materials developed and demonstrated by such partnerships with those of partnerships funded by other local or State government or Federal Government programs. (f) Dissemination of Results.-- (1) Evaluation results.--The Director shall make publicly available free of charge on an internet website and shall submit to Congress the results of the evaluation required under subsection (e). (2) Materials.--The Director shall ensure that materials developed under a program funded by a grant under this section, that are demonstrated to be effective in achieving the goals of this section (as determined by the Director), are made publicly available free of charge on an internet website, including through an arrangement with an outside entity. (g) Annual Meeting.--The Director shall convene an annual meeting of the partnerships participating in a program funded by a grant under this section, for the purpose of fostering greater national collaboration. (h) Technical Assistance.--At the request of a partnership seeking a grant under this section, the Director shall provide the partnership with technical assistance in meeting any requirement of this section, including providing advice from experts on how to develop a quality application for such a grant. SEC. 6. REPORTING REQUIREMENTS. (a) Annual Report.--The Director shall submit to Congress an annual report on the grant programs established by sections 4 and 5. (b) Report on Program Expansion.--Not later than 4 years after the first grant is awarded under the grant programs established by sections 4 and 5, the Director shall submit to Congress a report, based on an analysis of the grant recipient reports submitted to the Director pursuant to sections 4(c) and 5(d), that includes a recommendation for how to expand such grant programs.

Code Like a Girl Act This bill directs the National Science Foundation (NSF) to award competitive grants to institutions of higher education, local educational agencies, or nonprofit organizations to accelerate research efforts to increase understanding of the factors that contribute to the willingness or unwillingness of girls under the age of 11 to participate in STEM (science, technology, engineering, and mathematics, including computer science) activities. The NSF shall also award competitive grants to such institutions and organizations to enter into partnerships with local educational agencies to develop and evaluate interventions in pre-K and elementary school classrooms that seek to increase participation by such girls in computer science activities. The NSF must: (1) ensure that the materials developed under a program that are demonstrated as being effective in achieving grant goals are made available free of charge to the public on an Internet website, (2) convene an annual meeting of participating partnerships to foster greater national collaboration, and (3) furnish such partnerships with technical assistance in meeting grant program requirements.

Code Like a Girl Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``World Trade Center Worker and Contractor Protection Act''. SEC. 2. INDEMNIFICATION, LIABILITY LIMITATION, AND FACILITATION OF INSURANCE PROCUREMENT FOR CONTRACTORS FOR THE RESPONSE TO THE WORLD TRADE CENTER ATTACKS. (a) In General.--Regardless of any other provisions of law or any contract, the United States Government shall, subject to the limitations contained in this section, indemnify Contractors as defined herein against claims as defined in this section. (b) Coordination With Insurance.--Indemnification under this section shall apply only to the extent that a claim is not otherwise covered and compensable by insurance procured for the risks involved in the response to the World Trade Center attacks. However, all or part of the indemnification under this section may, pursuant to the terms of insurance procured after the effective date of this Act, be payable before such insurance is applicable. (c) Limitation in Case of Willful Misconduct or Lack of Good Faith.--When a claim arises from willful misconduct or lack of good faith, intended to cause injury to persons or damage to property, on the part of any of the Contractors' principal officials, the Contractor shall not be indemnified. (d) Control of Claims Management.--The Contractor shall, to the extent that such claim is reasonably expected to involve indemnification under this section-- (1) promptly notify the Federal Emergency Management Agency of any claim against the Contractor that may reasonably be expected to involve indemnification under this section; (2) immediately furnish to the United States Government copies of all pertinent papers Contractor receives; (3) furnish evidence or proof of any claim covered by this section in the manner and form the United States Government requires; and (4) comply with the United States Government's directions and execute any authorizations required in connection with settlement or defense of claims or actions. (e) Procedure.--The United States Government may direct, control, or assist in settling or defending any claim to the extent that such claim involves indemnification under this section. (f) Payment Authority.--This section constitutes budget authority in advance of appropriations Acts and represents the obligation of the United States Government to provide for the payment of amounts for indemnification under this section. (g) Limitation on Liability and Indemnity.--Notwithstanding any other provision of law or contract, the total aggregate liability of Contractors for claims shall not exceed $350,000,000. Insurance coverage shall not increase this limit of liability and shall reduce the indemnity commitment provided by this section. Insurance coverage procured for Contractors after the effective date of this Act may, by its terms, be payable for claims at liability coverage levels below the total aggregate liability limit. This limit of liability shall not preclude a Contractor from being paid or reimbursed for work performed, services provided, or materials and equipment utilized or consumed. (h) Litigation Management.--Any claims for damages against a Contractor that may result in Federal indemnification as provided in this section shall be brought under section 408(b) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note), as amended by section 201(b)(2) of the Aviation and Transportation Security Act (Public Law 107-71), and shall be subject to the following limits: (1) No punitive damages may be awarded except in case of willful misconduct, nor shall any party be liable for interest prior to the judgment. No punitive damages may be awarded against the United States Government. (2) Each Contractor against whom a claim is brought shall be liable only for the amount of damages allocated to such Contractor in direct proportion to the percentage of responsibility of the Contractor for causing the harm to the plaintiff. (i) Exclusion.--Nothing in this section shall in any way limit the liability of any person who-- (1) attempts to commit, knowingly participates in, aids and abets, or commits any act of terrorism, or any criminal act related to or resulting from such act of terrorism; or (2) participates in a conspiracy to commit any such act of terrorism or any such criminal act. (j) Right of Subrogation.--The United States shall have the right of subrogation with respect to any claim paid by the United States that results in federal indemnification as provided in this section. Such right of subrogation shall not be applied against a Contractor. (k) Definitions.--In this section: (1) The term ``response to the World Trade Center attacks'' means all acts or failures to act by Contractors or volunteers in connection with their work at the World Trade Center site on the rescue and evacuation, recovery of bodies, clean up, environmental remediation, removal of debris, transportation of debris, control of pollutants, securing of public and private property, and protection of the public health, safety and welfare; provided that such term shall not include efforts to build or rebuild new buildings or other activities on the site of the World Trade Center attacks occurring subsequent to the foregoing acts or failures to act. (2) The term ``Contractor'' means any person or entity involved in providing work, labor, equipment, materials, or services in connection with the response to the World Trade Center attacks, including-- (A) contractors, subcontractors at any tier, construction managers, engineers, design professionals, and their parents, affiliates, officers, directors, partners, and employees; and (B) the persons or entities, including States or political subdivisions thereof, contracting for such work, labor, equipment, materials or services. (3) The term ``Contractor's principal officials'' means directors, officers, managers, superintendents, or other representatives supervising or directing-- (A) all or substantially all of the Contractor's business; (B) all or substantially all of the Contractor's operations at any one plant or separate location in which work in response to the World Trade Center attack is being performed; or (C) a separate and complete major industrial operation in which work in response to the World Trade Center attack is being performed. (4) The term ``claims'' or ``claim'' shall mean claims, actions, losses, settlements or damages (including reasonable expenses of litigation and defense thereof) arising out of or resulting from the response to the World Trade Center attacks, whether arising prior to or subsequent to the enactment of this legislation, for death, personal injury, or loss of, damage to, or loss of use of property. (l) Severability.--If any provision of this section, or the application hereof to any person or circumstances, is held invalid, the remainder of this section, and the application of such provision to other persons or circumstances, shall not be affected thereby.

World Trade Center Worker and Contractor Protection Act - Provides for Federal indemnification and liability protection to contractors or volunteers in connection with their response to the World Trade Center attacks by undertaking rescue and evacuation, recovery of bodies, clean up, environmental remediation, removal and transportation of debris, control of pollutants, securing of public and private property, and protection of the public health, safety and welfare.

To provide indemnification and liability protection to, and facilitate the procurement of insurance for, contractors responding to the World Trade Center attacks.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Education, Transition, and Opportunity Prioritization Plan Act of 2018'' or the ``VET OPP Act of 2018''. SEC. 2. ESTABLISHMENT OF VETERANS ECONOMIC OPPORTUNITY AND TRANSITION ADMINISTRATION. (a) Veterans Economic Opportunity and Transition Administration.-- (1) In general.--Part V of title 38, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 80--VETERANS ECONOMIC OPPORTUNITY AND TRANSITION ADMINISTRATION ``Sec. ``8001. Organization of Administration. ``8002. Functions of Administration. ``Sec. 8001. Organization of Administration ``(a) Veterans Economic Opportunity and Transition Administration.--(1) There is in the Department of Veterans Affairs a Veterans Economic Opportunity and Transition Administration. ``(2) The primary function of the Veterans Economic Opportunity and Transition Administration is the administration of the programs of the Department that provide assistance related to economic opportunity to veterans and their dependents and survivors. ``(b) Under Secretary for Economic Opportunity and Transition.--The Veterans Economic Opportunity and Transition Administration is under the Under Secretary for Veterans Economic Opportunity and Transition, who is directly responsible to the Secretary for the operations of the Administration. ``Sec. 8002. Functions of Administration ``The Veterans Economic Opportunity and Transition Administration is responsible for the administration of the following programs of the Department: ``(1) Vocational rehabilitation and employment programs. ``(2) Educational assistance programs. ``(3) Veterans' housing loan and related programs. ``(4) The verification of small businesses owned and controlled by veterans pursuant to subsection (f) of section 8127 of this title, including the administration of the database of veteran-owned businesses described in such subsection. ``(5) The Transition Assistance Program under section 1144 of title 10. ``(6) Any other program of the Department that the Secretary determines appropriate.''. (2) Clerical amendments.--The tables of chapters at the beginning of title 38, United States Code, and of part V of title 38, United States Code, are each amended by inserting after the item relating to chapter 79 the following new item: ``80. Veterans Economic Opportunity and Transition 8001''. Administration. (b) Effective Date.--Chapter 80 of title 38, United States Code, as added by subsection (a), shall take effect on October 1, 2019. (c) Full-Time Employees.--For fiscal years 2019 and 2020, the total number of full-time equivalent employees authorized for the Veterans Benefits Administration and the Veterans Economic Opportunity and Transition Administration, as established under chapter 80 of title 38, United States Code, as added by subsection (a), may not exceed 21,543. SEC. 3. UNDER SECRETARY FOR VETERANS ECONOMIC OPPORTUNITY AND TRANSITION. (a) Under Secretary.-- (1) In general.--Chapter 3 of title 38, United States Code, is amended by inserting after section 306 the following new section: ``Sec. 306A. Under Secretary for Veterans Economic Opportunity and Transition ``(a) Under Secretary.--(1) There is in the Department an Under Secretary for Veterans Economic Opportunity and Transition, who is appointed by the President, by and with the advice and consent of the Senate. ``(2) The Under Secretary for Veterans Economic Opportunity and Transition shall be appointed without regard to political affiliation or activity and solely on the basis of demonstrated ability in-- ``(A) information technology; and ``(B) the administration of programs within the Veterans Economic Opportunity and Transition Administration or programs of similar content and scope. ``(b) Responsibilities.--The Under Secretary for Veterans Economic Opportunity and Transition is the head of, and is directly responsible to the Secretary for the operations of, the Veterans Economic Opportunity and Transition Administration. ``(c) Vacancies.--(1) Whenever a vacancy in the position of Under Secretary for Veterans Economic Opportunity and Transition occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position. ``(2) A commission established under this subsection shall be composed of the following members appointed by the Secretary: ``(A) Three persons representing education and training, vocational rehabilitation, employment, real estate, mortgage finance and related industries, and survivor benefits activities affected by the Veterans Economic Opportunity and Transition Administration. ``(B) Two persons representing veterans served by the Veterans Economic Opportunity and Transition Administration. ``(C) Two persons who have experience in the management of private sector benefits programs of similar content and scope to the economic opportunity and transition programs of the Department. ``(D) The Deputy Secretary of Veterans Affairs. ``(E) The chairman of the Veterans' Advisory Committee on Education formed under section 3692 of this title. ``(F) One person who has held the position of Under Secretary for Veterans Economic Opportunity and Transition, if the Secretary determines that it is desirable for such person to be a member of the commission. ``(3)(A) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Under Secretary for Veterans Economic Opportunity and Transition. ``(B) The commission shall submit all recommendations to the Secretary. ``(C) The Secretary shall forward the recommendations to the President and the Committee on Veterans' Affairs of the Senate and Committee on Veterans' Affairs of the House of Representatives with any comments the Secretary considers appropriate. ``(D) After receiving recommendations under subparagraph (C), the President may request the commission to recommend additional individuals for appointment. ``(4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 306 the following new item: ``306A. Under Secretary for Veterans Economic Opportunity and Transition.''. (b) Conforming Amendments.--Title 38, United States Code, is further amended-- (1) in section 306(c)(2), by striking subparagraphs (A) and (E) and redesignating subparagraphs (B), (C), (D), and (F), as subparagraphs (A) through (D), respectively; (2) in section 317(d)(2), by inserting after ``Under Secretary for Benefits,'' the following: ``the Under Secretary for Veterans Economic Opportunity and Transition,''; (3) in section 318(d)(2), by inserting after ``Under Secretary for Benefits,'' the following: ``the Under Secretary for Veterans Economic Opportunity and Transition,''; (4) in section 516(e)(2)(C), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity and Transition''; (5) in section 541(a)(2)(B), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity and Transition''; (6) in section 542(a)(2)(B)(iii), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity and Transition''; (7) in section 544(a)(2)(B)(vi), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity and Transition''; (8) in section 709(c)(2)(A), by inserting after ``Under Secretary for Benefits,'' the following: ``the Under Secretary for Veterans Economic Opportunity and Transition,''; (9) in section 7701(a), by inserting after ``assistance'' the following: ``, other than assistance related to Economic Opportunity and Transition,''; and (10) in section 7703, by striking paragraphs (2) and (3) and redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively. (c) Effective Date.--Section 306A of title 38, United States Code, as added by subsection (a), and the amendments made by this section, shall take effect on October 1, 2019.

Veterans' Education, Transition, and Opportunity Prioritization Plan Act of 2018 or the VET OPP Act of 2018 This bill establishes in the Department of Veterans Affairs: (1) the Veterans Economic Opportunity and Transition Administration to administer economic opportunity assistance programs for veterans and their dependents and survivors, and (2) the position of Under Secretary for Veterans Economic Opportunity and Transition to head such administration.

Veterans' Education, Transition, and Opportunity Prioritization Plan Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Multinational Species Conservation Funds Reauthorization Act of 2015''. SEC. 2. REAUTHORIZATION OF AFRICAN ELEPHANT CONSERVATION ACT. Section 2306(a) of the African Elephant Conservation Act (16 U.S.C. 4245(a)) is amended by striking ``2007 through 2012'' and inserting ``2016 through 2020''. SEC. 3. REAUTHORIZATION OF RHINOCEROS AND TIGER CONSERVATION ACT OF 1994. Section 10(a) of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5306(a)) is amended by striking ``2007 through 2012'' and inserting ``2016 through 2020''. SEC. 4. REAUTHORIZATION OF ASIAN ELEPHANT CONSERVATION ACT OF 1997. Section 8(a) of the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4266(a)) is amended by striking ``2007 through 2012'' and inserting ``2016 through 2020''. SEC. 5. AMENDMENT AND REAUTHORIZATION OF GREAT APE CONSERVATION ACT OF 2000. The Great Ape Conservation Act of 2000 is amended as follows: (1) Multiyear grants.--In section 4 (16 U.S.C. 6303), by adding at the end the following new subsections: ``(j) Multiyear Grants.-- ``(1) In general.--The Secretary may award a multiyear grant under this section to a person who is otherwise eligible for a grant under this section, to carry out a project that the person demonstrates is an effective, long-term conservation strategy for great apes and their habitats. ``(2) Annual grants not affected.--This subsection shall not be construed as precluding the Secretary from awarding grants on an annual basis.''. (2) Panel of experts.--In section 4(i) (16 U.S.C. 6303(i))-- (A) in paragraph (1), by-- (i) striking ``Every 2 years'' and inserting ``Within one year after the date of the enactment of the Multinational Species Conservation Funds Reauthorization Act of 2015, and every 5 years thereafter''; (ii) striking ``may convene'' and inserting ``shall convene''; (iii) inserting ``and priorities'' after ``needs''; and (iv) adding at the end the following new sentence: ``The panel shall, to the extent practicable, include representatives from foreign range states with expertise in great ape conservation.''; and (B) by redesignating paragraph (2) as paragraph (4), and inserting after paragraph (1) the following new paragraphs: ``(2) In identifying conservation needs and priorities under paragraph (1), the panel shall consider relevant great ape conservation plans or strategies including scientific research and findings related to-- ``(A) the conservation needs and priorities of great apes; ``(B) regional or species-specific action plans or strategies; ``(C) applicable strategies developed or initiated by the Secretary; and ``(D) any other applicable conservation plan or strategy. ``(3) The Secretary, subject to the availability of appropriations, may pay expenses of convening and facilitating meetings of the panel.''. (3) Administrative expenses limitation.--In section 5(b)(2) (16 U.S.C. 6304(b)(2)), by striking ``$100,000'' and inserting ``$150,000''. (4) Authorization of appropriations.--In section 6 (16 U.S.C. 6305), by striking ``2006 through 2010'' and inserting ``2016 through 2020''. SEC. 6. AMENDMENT AND REAUTHORIZATION OF MARINE TURTLE CONSERVATION ACT OF 2004. (a) In General.--The Marine Turtle Conservation Act of 2004 is amended-- (1) in sections 2(b) and 3(2) (16 U.S.C. 6601(b), 6602(2)), by inserting ``and territories of the United States'' after ``foreign countries'' each place it occurs; (2) in section 3 (16 U.S.C. 6602) by adding at the end the following: ``(7) Territory of the united states.--The term `territory of the United States' means each of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.''; and (3) in section 4 (16 U.S.C. 6603)-- (A) in subsection (b)(1)(A), by inserting ``or territory of the United States'' after ``foreign country''; and (B) in subsection (d) by inserting ``and territories of the United States'' after ``foreign countries''. (b) Administrative Expenses Limitation.--Section 5(b)(2) of the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6604(b)(2)) is amended by striking ``$80,000'' and inserting ``$150,000''. (c) Reauthorization.--Section 7 of the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6606) is amended by striking ``each of fiscal years 2005 through 2009'' and inserting ``each of fiscal years 2016 through 2020''.

Multinational Species Conservation Funds Reauthorization Act of 2015 This bill reauthorizes the African Elephant Conservation Act, the Rhinoceros and Tiger Conservation Act of 1994, the Asian Elephant Conservation Act of 1997, the Great Ape Conservation Fund, and the Marine Turtle Conservation Fund through FY2020. This bill amends the Great Ape Conservation Act of 2000 to authorize Department of the Interior to award a multi-year grant to carry out a project that is an effective, long-term conservation strategy for great apes (chimpanzees, gorillas, bonobos, orangutans, or gibbons) and their habitats. Interior is required to convene a panel of experts to identify the greatest needs and priorities for the conservation of great apes within a year of this Act's enactment and every five years thereafter. Current law authorizes Interior to convene a panel to consider the greatest conservation needs every two years. The panel is required to consider relevant great ape conservation plans or strategies. This bill amends the Marine Turtle Conservation Act of 2004 to make a wildlife management authority of a U.S. territory eligible for financial assistance for marine turtle conservation.

Multinational Species Conservation Funds Reauthorization Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Job Creation Act''. SEC. 2. EMPLOYER PAYROLL INCREASE CREDIT. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6433. EMPLOYER PAYROLL INCREASE CREDITS. ``(a) In General.--Each qualified employer shall be treated as having made a payment against the tax imposed by section 3111(a) or section 3221(a), whichever is applicable, for each qualified quarter in an amount equal to the credit amount. ``(b) Credit Amount.--For purposes of this section, the credit amount with respect to any qualified quarter is equal to 10 percent of the qualified payroll increase of such employer for such qualified quarter. ``(c) Dollar Limitation.--The total credit amount with respect to any employer shall not exceed $500,000 for all qualified quarters. ``(d) Qualified Employer.--For purposes of this section, the term `qualified employer' means any American employer other than the United States, any State, or any instrumentality thereof. ``(e) Qualified Payroll Increase.--For purposes of this section-- ``(1) In general.--The term `qualified payroll increase' with respect to any qualified quarter means the amount, if any, by which a qualified employer's qualified payroll for such quarter exceeds the qualified payroll for such quarter of the calendar year preceding the year in which such qualified quarter falls. ``(2) Qualified payroll.--The term `qualified payroll' means the amount of all wages (within the meaning of section 3121(a)) paid or incurred by a qualified employer to the employees of such employer, except that, with respect to each such employee for any quarter of the employer, such wages shall be taken into account only to the extent that such wages do not exceed the contribution and benefit base as determined under section 230 of the Social Security Act. ``(3) Railway labor.--In the case of remuneration subject to the tax imposed by section 3221(a), paragraph (1) shall be applied by substituting `all compensation (within the meaning of section 3231(e))' for `all wages (within the meaning of section 3121(a))'. ``(4) Special rule for large employers.--In the case of an employer that employs 100 or more employees during the qualified quarter, no qualified payroll increase shall be taken into account for such qualified quarter unless the qualified payroll increase with respect to such qualified quarter exceeds 3 percent of the qualified payroll for such quarter of the calendar year preceding the year in which such qualified quarter falls. ``(f) Qualified Quarter.--For purposes of this section, the term `qualified quarter' means-- ``(1) the calendar quarter which includes the date of the enactment of the Small Business Job Creation Act, and ``(2) each of the 3 calendar quarters following such quarter. ``(g) Definitions.--Except as provided in subsection (h)(1), any term used in this section which is also used in section 3111 has the same meaning as when used in such section. ``(h) Special Rules.--For purposes of this section-- ``(1) Employee.--The term `employee' includes only individuals who are citizens or lawful residents of the United States who receive wages, remuneration, compensation, or tips from an employer for work performed within a State or a possession of the United States. ``(2) Maintenance of base employment requirement.--This section shall not apply to any qualified employer for any qualified quarter if the total number of employees of such employer during such quarter is less than the total number of such employees during the quarter preceding such quarter, determined by not taking into account any employee who is a seasonal employee during such preceding quarter. ``(3) Controlled groups.--All employers treated as a single employer under section (a) or (b) of section 52 shall be treated as a single employer for purposes of the dollar limitation under subsection (c), except that any employer which is not an American employer shall not be taken into account. ``(4) New employers.-- ``(A) In general.--In the case of a qualified employer which comes into existence after the date of the enactment of the Small Business Job Creation Act and before January 1, 2014-- ``(i) the term `qualified quarter' means-- ``(I) the first calendar quarter for which such qualified employer is in existence, and ``(II) each of the 3 quarters following such quarter, ``(ii) the qualified payroll increase of such employer for the quarter described in clause (i)(I) shall be equal to the amount of the employer's qualified payroll for such quarter, and ``(iii) the qualified payroll increase of such employer for any quarter described in clause (i)(II) shall be the amount, if any, by which the employer's qualified payroll for such quarter exceeds the qualified payroll of the quarter preceding such quarter. ``(B) Transition rule.-- ``(i) In general.--In the case of a qualified employer which comes into existence-- ``(I) after the last day of the calendar quarter which is 5 calendar quarters before the date of the enactment of the Small Business Job Creation Act, and ``(II) before such date of enactment, the qualified payroll increase of such employer for any transition quarter shall be the amount, if any, by which the employer's qualified payroll for such quarter exceeds the qualified payroll of the quarter preceding such quarter. ``(ii) Transition quarter.--For purposes of clause (i), the term `transition quarter' means a qualified quarter with respect to which the qualified payroll increase cannot be determined under subsection (e)(1) solely because the employer was not in existence during such quarter of the calendar year preceding the year in which such qualified quarter falls.''. (b) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6433. Employer payroll increase credits.''. (c) Notification.--Not later than 30 days after the date of the enactment of this Act, the Commissioner of Internal Revenue shall notify all employers required to withhold employment taxes under chapter 21 or 22 of the Internal Revenue Code of 1986 of the enactment and applicability of section 6433 of the Internal Revenue Code of 1986, as added by this Act. (d) Investigation and Report on Enforcement Actions.--Not later than 6 months after the date of the enactment of this Act, and quarterly thereafter, the Commissioner of Internal Revenue shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on the enforcement measures taken to prevent and penalize fraud related to section 6433 of the Internal Revenue Code of 1986, including such information as-- (1) general statistics related to the application of such section, (2) cases of fraud, and (3) the status of investigatory and prosecutorial actions related to such cases. (e) Effective Date.--The amendments made by subsections (a) and (b) shall apply to calendar quarters beginning with the calendar quarter which includes the date of the enactment of this Act.

Small Business Job Creation Act - Amends the Internal Revenue Code to allow an employer a credit against payroll tax liability equal to 10% of the increase of such employer's payroll in a calendar quarter over a corresponding quarter in the previous calendar year. Limits the total credit amount available for all quarters to $500,000. Denies such credit to any employer with 100 or more employees unless such employer shows an increase in payroll exceeding 3% in a calendar quarter. Directs the Commissioner of Internal Revenue to: (1) notify all employers required to withhold employment taxes of the enactment and applicability of this Act, and (2) report to Congress on enforcement measures taken to prevent and penalize fraud related to the payroll tax credit allowed by this Act.

Small Business Job Creation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elementary and Secondary School Library Media Resources, Training, and Advanced Technology Assistance Act''. SEC. 2. PURPOSE. The purposes of this Act are-- (1) to improve academic achievement of students by providing students with increased access to up-to-date school library materials, a well-equipped, technologically advanced school library media center, and well-trained, professionally certified school library media specialists; (2) to support the acquisition of up-to-date school library media resources for the use of students, school library media specialists, and teachers in elementary schools and secondary schools; (3) to provide school library media specialists with the tools and training opportunities necessary for the specialists to facilitate the development and enhancement of the information literacy, information retrieval, and critical thinking skills of students; and (4)(A) to ensure the effective coordination of resources for library, technology, and professional development activities for elementary schools and secondary schools; and (B) to ensure collaboration between school library media specialists, and elementary school and secondary school teachers and administrators, in developing curriculum-based instructional activities for students so that school library media specialists are partners in the learning process of students. SEC. 3. SCHOOL LIBRARY MEDIA RESOURCES. Title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6801 et seq.) is amended by adding at the end the following: ``PART F--ELEMENTARY AND SECONDARY SCHOOL LIBRARY MEDIA RESOURCES ``Subpart 1--Library Media Resources ``SEC. 3701. STATE ALLOTMENTS. ``The Secretary shall allot to each eligible State educational agency for a fiscal year an amount that bears the same relation to the amount appropriated under section 3710 and not reserved under section 3709 for the fiscal year as the amount the State educational agency received under part A of title I for the preceding fiscal year bears to the amount all State educational agencies received under part A of title I for the preceding fiscal year. ``SEC. 3702. STATE APPLICATIONS. ``To be eligible to receive an allotment under section 3701 for a State for a fiscal year, the State educational agency shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require. The application shall contain a description of-- ``(1) the manner in which the State educational agency will use the needs assessment described in section 3705 and poverty data to allocate funds made available through the allotment to the local educational agencies in the State with the greatest need for school library media improvement; ``(2) the manner in which the State educational agency will effectively coordinate all Federal and State funds available for library, technology, and professional development activities to assist local educational agencies, elementary schools, and secondary schools in-- ``(A) acquiring up-to-date school library media resources in all formats, including books and advanced technology such as Internet connections; ``(B) providing training for school library media specialists; and ``(C) facilitating resource-sharing among schools and school library media centers; ``(3) the manner in which the State educational agency will develop standards for the incorporation of new technologies into the curricula of elementary schools and secondary schools through school library media programs to develop and enhance the information literacy, information retrieval, and critical thinking skills of students; and ``(4) the manner in which the State educational agency will evaluate the quality and impact of activities carried out under this subpart by local educational agencies to make determinations regarding the need of the agencies for technical assistance and whether to continue funding the agencies under this subpart. ``SEC. 3703. STATE RESERVATION. ``A State educational agency that receives an allotment under section 3701 may reserve not more than 3 percent of the funds made available through the allotment to provide technical assistance, disseminate information about effective school library media programs, and pay administrative costs, relating to this subpart. ``SEC. 3704. LOCAL ALLOCATIONS. ``(a) In General.--A State educational agency that receives an allotment under section 3701 for a fiscal year shall use the funds made available through the allotment and not reserved under section 3703 to make allocations to local educational agencies. ``(b) Agencies.--The State educational agency shall allocate the funds to the local educational agencies in the State that have-- ``(1) the greatest need for school library media improvement according to the needs assessment described in section 3705; and ``(2) the highest percentages of poverty, as measured in accordance with section 1113(a)(5). ``SEC. 3705. LOCAL APPLICATION. ``To be eligible to receive an allocation under section 3704 for a fiscal year, a local educational agency shall submit to the State educational agency an application at such time, in such manner, and containing such information as the State educational agency shall require. The application shall contain-- ``(1) a needs assessment relating to need for school library media improvement, based on the age and condition of school library media resources (including book collections), access of school library media centers to advanced technology, including Internet connections, and the availability of well- trained, professionally certified school library media specialists, in schools served by the local educational agency; ``(2) a description of the manner in which the local educational agency will use the needs assessment to assist schools with the greatest need for school library media improvement; ``(3) a description of the manner in which the local educational agency will use the funds provided through the allocation to carry out the activities described in section 3706; ``(4) a description of the manner in which the local educational agency will develop and carry out the activities described in section 3706 with the extensive participation of school library media specialists, elementary school and secondary school teachers and administrators, and parents; ``(5) a description of the manner in which the local educational agency will effectively coordinate-- ``(A) funds provided under this subpart with the Federal, State, and local funds received by the agency for library, technology, and professional development activities; and ``(B) activities carried out under this subpart with the Federal, State, and local library, technology, and professional development activities carried out by the local educational agency; and ``(6) a description of the manner in which the local educational agency will collect and analyze data on the quality and impact of activities carried out under this subpart by schools served by the local educational agency. ``SEC. 3706. LOCAL ACTIVITIES. ``A local educational agency that receives a local allocation under section 3704 may use the funds made available through the allocation-- ``(1) to acquire up-to-date school library media resources, including books, for the use of students, school library media specialists, and teachers in elementary schools and secondary schools; ``(2) to acquire and utilize advanced technology, incorporated into the curricula of the schools, to develop and enhance the information literacy, information retrieval, and critical thinking skills of students; ``(3) to acquire and utilize advanced technology, including Internet links, to facilitate resource-sharing among schools and school library media centers, and public and academic libraries, where possible; ``(4) to provide professional development opportunities for school library media specialists; and ``(5) to foster increased collaboration between school library media specialists and elementary school and secondary school teachers and administrators. ``SEC. 3707. ACCOUNTABILITY AND CONTINUATION OF FUNDS. ``Each local educational agency that receives funding under this subpart for a fiscal year shall be eligible to continue to receive the funding-- ``(1) for each of the 2 following fiscal years; and ``(2) for each fiscal year subsequent to the 2 following fiscal years, if the local educational agency demonstrates that the agency has increased-- ``(A) the availability of, and the access of students, school library media specialists, and elementary and secondary teachers to, up-to-date school library media resources, including books and advanced technology, in elementary schools and secondary schools served by the local educational agency; ``(B) the number of well-trained, professionally certified school library media specialists in those schools; and ``(C) collaboration between school library media specialists and elementary school and secondary school teachers and administrators for those schools. ``SEC. 3708. SUPPLEMENT NOT SUPPLANT. ``Funds made available under this subpart shall be used to supplement and not supplant other Federal, State, and local funds expended to carry out activities relating to library, technology, or professional development activities. ``SEC. 3709. NATIONAL ACTIVITIES. ``The Secretary shall reserve not more than 3 percent of the amount appropriated under section 3710 for a fiscal year-- ``(1) for an annual, independent, national evaluation of the activities assisted under this subpart, to be conducted not later than 3 years after the date of enactment of this subpart; and ``(2) to broadly disseminate information to help States, local educational agencies, school library media specialists, and elementary and secondary teachers and administrators learn about effective school library media programs. ``SEC. 3710. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart $250,000,000 for fiscal year 2000 and such sums as may be necessary for each of fiscal years 2001 through 2004. ``Subpart 2--School Library Access Program ``SEC. 3721. PROGRAM. ``(a) In General.--The Secretary may make grants to local educational agencies to provide students with access to libraries in elementary schools and secondary schools during non-school hours, including the hours before and after school, weekends, and summer vacation periods. ``(b) Applications.--To be eligible to receive a grant under subsection (a), a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(c) Priority.--In making grants under subsection (a), the Secretary shall give priority to local educational agencies that demonstrate, in applications submitted under subsection (b), that the agencies-- ``(1) seek to provide activities that will increase reading skills and student achievement; ``(2) have effectively coordinated services and funding with entities involved in other Federal, State, and local efforts, to provide programs and activities for students during the non-school hours described in subsection (a); and ``(3) have a high level of community support. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this subpart $25,000,000 for fiscal year 2000 and such sums as may be necessary for each of fiscal years 2001 through 2004.''.

Directs the Secretary of Education to make such allotments to applicant State educational agencies (SEAs) according to a specified formula. Allows the SEA and the Secretary to reserve specified amounts for certain statewide and national activities, including information dissemination. Requires SEAs to make allocations to applicant local educational agencies (LEAs) that have: (1) the greatest need for school library media improvement; and (2) the highest percentages of poverty. Sets forth authorized uses of such funds by LEAs, including: (1) acquisition of resources, including books; (2) acquisition of advanced technology; (3) resource-sharing among schools and their library media centers and public and academic libraries; (4) professional development for school library media specialists; and (5) collaboration between such specialists and teachers and administrators. Sets forth accountability requirements for continuation of funding. Authorizes appropriations. Authorizes the Secretary to make grants to applicant LEAs to provide students with access to libraries in elementary schools and secondary schools during non-school hours, including the hours before and after school, weekends, and summer vacation periods. Requires that priority be given to LEAs that: (1) seek to provide activities that will increase reading skills and student achievement; (2) have effectively coordinated services and funding with entities involved in other Federal, State, and local efforts to provide programs and activities for students during non-school hours; and (3) have a high level of community support. Authorizes appropriations.

Elementary and Secondary School Library Media Resources, Training, and Advanced Technology Assistance Act

SECTION 1. PENALTY-FREE DISTRIBUTIONS FROM CERTAIN RETIREMENT PLANS TO REPAIR OR REPLACE CERTAIN PROPERTY DAMAGED IN PRESIDENTIALLY-DECLARED DISASTERS. (a) In General.--Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 (relating to exceptions to 10-percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end thereof the following new subparagraph: ``(D) Distributions from certain retirement plans for disaster-related expenses.--Distributions from an individual retirement plan, or from amounts attributable to employer contributions made pursuant to elective deferrals described in subparagraph (A) or (C) of section 402(g)(3) or section 501(c)(18)(D)(iii), which are qualified disaster-related distributions (as defined in paragraph (6)).'' (b) Definitions.--Section 72(t) of such Code is amended by adding at the end thereof the following new paragraph: ``(6) Qualified disaster-related distributions.-- ``(A) In general.--For purposes of paragraph (2)(D), the term `qualified disaster-related distribution' means any distribution received by an individual to the extent such distribution is used by such individual before the close of the 60th day after the day on which such distribution is received to pay for the repair or replacement of qualified disaster- damaged property which is-- ``(i) personal property of such individual, or ``(ii) a residence of such individual. ``(B) Limitations.-- ``(i) Only distributions within first 1 year to qualify.--Paragraph (2)(D) shall not apply to any distribution made more than 1 year after the date of the determination referred to in subparagraph (C)(ii). ``(ii) Withdrawals limited to uninsured losses.--Paragraph (2)(D) shall apply to distributions to repair or replace any property-- ``(I) only to the extent of the loss sustained with respect to such property which is not compensated for by insurance or otherwise, and ``(II) in the case of property covered by insurance, only if a timely claim is filed for compensation by such insurance on the loss sustained with respect to such property. ``(C) Definitions.--For purposes of this paragraph-- ``(i) Disaster-damaged property.--The term `qualified disaster-damaged property' means property-- ``(I) which was located in a disaster area on the date of the determination referred to in clause (ii), ``(II) which was damaged or destroyed as a result of the disaster occurring in such area, and ``(III) which is not connected with a trade or business or a transaction entered into for profit. ``(ii) Disaster area.--The term `disaster area' means an area determined by the President to warrant assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. ``(D) Special rules relating to replacement of residence.--For purposes of this paragraph-- ``(i) Certain costs included.--The cost of replacing a residence includes any usual or reasonable settlement, financing, or other closing costs. ``(ii) Special rule where delay in acquisition.--If any distribution fails to meet the requirements of subparagraph (A) solely by reason of a delay or cancellation of the purchase or construction of a residence, the amount of the distribution may be contributed to an individual retirement plan as provided in section 408(d)(3)(A)(i) (determined by substituting `120 days' for `60 days' in such section), except that-- ``(I) section 408(d)(3)(B) shall not be applied to such contribution, and ``(II) such amount shall not be taken into account in determining whether section 408(d)(3)(A)(i) applies to any other amount.'' (c) Conforming Amendments.-- (1) Section 401(k)(2)(B)(i) of such Code is amended by striking ``or'' at the end of subclause (III), by striking ``and'' at the end of subclause (IV) and inserting ``or'', and by inserting after subclause (IV) the following new subclause: ``(V) the date on which qualified disaster-related distributions (as defined in section 72(t)(6)) are made, and''. (2) Section 403(b)(11) of such Code is amended by striking ``or'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, or'', and by inserting after subparagraph (B) the following new subparagraph: ``(C) for qualified disaster-related distributions (as defined in section 72(t)(6)).'' (d) Effective Date.--The amendments made by this section shall apply to distributions after December 31, 1993, with respect to areas determined after such date to warrant assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

Amends the Internal Revenue Code to allow penalty-free distributions from certain retirement plans to pay for the repair or replacement of qualified disaster-damaged property.

To amend the Internal Revenue Code of 1986 to allow penalty-free withdrawals from certain retirement plans for the repair or replacement of certain property damaged in a Presidentially-declared disaster.

SECTION 1. COMPENSATION FOR WORK INJURIES. Section 8133 of title 5, United States Code, is amended by adding at the end the following: ``(g)(1) This subsection applies in the case of any employee who has died as the direct and proximate result of a personal injury sustained in the line of duty as a public safety officer (within the meaning of section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968), as determined under section 1201 of such Act. ``(2) In the computation of any monthly compensation under this section based on the death of an employee described in paragraph (1), the monthly pay used in any such computation (before the application of subsection (e)) shall be determined based on the pay grade or level which is 1 grade or level higher than the grade or level that, but for this subsection, would otherwise apply. ``(3) Nothing in this subsection shall be considered to affect any computation to the extent that the otherwise applicable pay grade or level was the highest grade or level in effect, at the time of the service for which the pay was payable, under the pay schedule or system involved.''. SEC. 2. CIVIL SERVICE RETIREMENT SYSTEM. Section 8341 of title 5, United States Code, is amended by inserting after subsection (i) the following: ``(j)(1) This subsection applies in the case of any employee who has died as the direct and proximate result of a personal injury sustained in the line of duty as a public safety officer (within the meaning of section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968), as determined under section 1201 of such Act. ``(2) In the computation of any survivor annuity under this section based on the death of an employee described in paragraph (1), the average pay used in any such computation (to compute such survivor annuity as a percentage of an annuity imputed to the employee or a portion thereof) shall, for each rate of basic pay used in the computation of such average pay, be determined using the pay grade or level which is 1 grade or level higher than the grade or level that, but for this subsection, would otherwise apply. ``(3) Nothing in this subsection shall be considered to affect any computation to the extent that the otherwise applicable pay grade or level was the highest grade or level in effect, at the time of the service for which the pay was payable, under the pay schedule or system involved.''. SEC. 3. FEDERAL EMPLOYEES' RETIREMENT SYSTEM. (a) In General.--Subchapter IV of chapter 84 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 8446. Computations based on the death of a public safety officer who dies as a result of injuries sustained in the line of duty ``(a) This subsection applies in the case of any employee who has died as the direct and proximate result of a personal injury sustained in the line of duty as a public safety officer (within the meaning of section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968), as determined under section 1201 of such Act. ``(b) In the computation of any survivor annuity under this subchapter based on the death of an employee described in subsection (a), the average pay used in any such computation (to compute such survivor annuity as a percentage of an annuity imputed to the employee or a portion thereof) shall, for each rate of basic pay used in the computation of such average pay, be determined using the pay grade or level which is 1 grade or level higher than the grade or level that, but for this section, would otherwise apply. ``(c) Nothing in this section shall be considered to affect any computation to the extent that the otherwise applicable pay grade or level was the highest grade or level in effect, at the time of the service for which the pay was payable, under the pay schedule or system involved.''. (b) Clerical Amendment.--The table of sections for chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8445 the following: ``8446. Computations based on the death of a public safety officer who dies as a result of injuries sustained in the line of duty.''. SEC. 4. EFFECTIVE DATE; EXCEPTION. (a) Effective Date.--Except as provided in subsection (b), the amendments made by this Act shall apply with respect to deaths occurring on or after the date of the enactment of this Act. (b) Exception.-- (1) In general.--Any individual who, as of the date of the enactment of this Act, is entitled (or would, on application, be entitled) to monthly compensation under chapter 81 of title 5, United States Code, or an annuity under chapter 83 or 84 of such title 5, as the survivor of a Federal public safety officer who died on or after January 1, 1974, shall, upon application submitted within 12 months after the date of the enactment of this Act, be entitled to have such compensation or annuity recomputed as if the amendments made by this Act had been in effect at the time of such employee's death. (2) Commencement date.--Any recomputation of compensation or annuity under this subsection shall be effective as of the commencement date of such compensation or annuity. (3) Lump-sum payments.--Any amount becoming payable to an individual under this subsection with respect to any portion of the period beginning on January 1, 1974, and ending on the date as of which regular monthly compensation or survivor annuity payments for such individual are adjusted to reflect the recomputation required under paragraph (1) shall be payable in a lump-sum payment, subject to paragraph (4). (4) Funding.-- (A) In general.--There are authorized to be appropriated, out of general funds in the Treasury, such sums as may be necessary to make the lump-sum payments described in paragraph (3). (B) Limitation.--To the extent that the total amount appropriated under subparagraph (A) is less than the total amounts which (but for this subparagraph) would otherwise be payable under this subsection, each amount under paragraph (1) shall be reduced by a proportionate share of the shortfall, determined separately for-- (i) benefits under chapter 81 of title 5, United States Code; and (ii) benefits under chapters 83 and 84 of such title, respectively. (5) Definition.--For purposes of this subsection, the term ``Federal public safety officer'' refers to an employee described in section 8133(g)(1), 8341(j)(1), or 8446(a) of title 5, United States Code, as amended by this Act. (c) Regulations.--Any regulations necessary to carry out this Act or the amendments made by this Act may-- (1) with respect to benefits under chapter 81 of title 5, United States Code, be prescribed by the Secretary of Labor; and (2) with respect to benefits under chapter 83 or 84 of such title, be prescribed by the Director of the Office of Personnel Management.

Provides that the pay used to compute monthly compensation based on the death of a federal employee who died from personal injury sustained in the line of duty as a public safety officer, or any survivor annuity under such circumstances, shall be determined based on the pay grade or level which is one grade higher than would otherwise apply. Entitles anyone who is eligible for such monthly compensation or annuity as the survivor of a public safety officer who died on or after January 1, 1974, to: (1) have such compensation or annuity recomputed upon application submitted within 12 months after enactment of this Act; and (2) a lump-sum payment for the period between January 1, 1974, and the date as of which regular monthly compensation or survivor annuity payments are adjusted to reflect the recomputation .

To amend chapters 81, 83, and 84 of title 5, United States Code, to provide for enhanced benefits for survivors of Federal public safety officers killed in the line of duty.

OF ASSENT. (a) Conditions Prerequisite to Transfer.--To satisfy the conditions necessary for transfer of the Railroad Grant Lands, Wagon Road Grant Lands, interspersed federally owned timberlands managed by the Bureau of Land Management, and related property under section 4, the resolution of assent by the legislature of the State of Oregon must be filed with the Secretary on or before December 31, 1999, and must provide for management by the State of Oregon consistent with the following terms: (1) That the State of Oregon has taken all steps necessary to receive title to the lands conveyed by this Act, hold such lands in trust for the financial benefit of the O&C counties through sustained-yield timber production, and manage such lands in accordance with such trust obligations and for the benefit of the people of Oregon and of the United States. (2) That, upon receipt of title, the State of Oregon through its Oregon Board of Forestry and Oregon Department of Forestry or the successors to such Board and Department will manage the lands conveyed by this Act for permanent timber production under the principle of sustained yield for the purpose of contributing to the economic stability of local communities. While providing a permanent source of timber supply, the State of Oregon shall protect watersheds and fisheries, regulate stream flows, provide wildlife habitat and recreational opportunities, and institute a program that provides for blocking up of the lands through trades and other transfers with willing private and other public landowners within the O&C Counties. (3) That, in managing the lands conveyed by this Act for the purposes set forth in paragraph (2), the State of Oregon will be guided by principles of good stewardship based on the best verifiable scientific information available at the time. (4) That, prior to January 1, 2004, management by the State of Oregon of the transferred lands shall be pursuant to a State management plan that is consistent with the standards and guidelines of the Northwest Forest Plan adopted on April 13, 1994, or other Federal land management plans in effect at the time of transfer. Beginning January 1, 2004 and thereafter, management by the State of Oregon in accordance with the objectives of this Act will be conducted under a habitat conservation plan developed and approved pursuant to the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) so as to coordinate with management on lands remaining in Federal ownership. (5) That a fund has been established in the treasury of the State of Oregon entitled the ``O&C Lands Fund,'' into which all gross revenues derived from timber sales or otherwise produced from the lands conveyed by this Act or subsequently exchanged lands are deposited. (6) That, prior to January 1, 2004, disbursements will be made annually to the O&C counties, with disbursements to individual counties made in the same proportion that each of them has received disbursements of revenues under the Act of August 28, 1937 (43 U.S.C. 1181a-1181f). Annual disbursements prior to January 1, 2004, to the O&C counties from the O&C Lands Fund shall be the lesser of 50 percent of gross revenues deposited in the O&C Lands Fund or the amount that, when taken together with payments received under section 13983 of the Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66; 43 U.S.C. 1181f note), the combined total payments are equal to the amount received by the O&C counties under section 13983 of the Omnibus Budget Reconciliation Act of 1993 during the year in which the qualifying resolution of assent is submitted to the Secretary. Prior to January 1, 2004, all of the revenues deposited in the O&C Lands Fund remaining after annual payments to the O&C counties will be utilized by the State of Oregon for management of the lands conveyed by this Act for the purposes set forth in paragraphs (2) and (3). (7) Beginning January 1, 2004, and thereafter, 50 percent of gross revenues deposited in the O&C Lands Fund will be disbursed annually to the O&C counties, with disbursements to individual counties made in the same proportion that each of them has received disbursements of revenues under the Act of August 28, 1937 (43 U.S.C. 1181a-1181f). Beginning January 1, 2004, and thereafter, the remaining 50 percent of gross revenues deposited in the O&C Lands Fund will be utilized by the State of Oregon for management of the lands conveyed by this Act for the purposes set forth in paragraphs (2) and (3), with any balance remaining thereafter available to the State for other public purposes at the discretion of the State. Payments to the O&C counties from the O&C Lands Fund shall not serve as a basis for offsetting or reducing payments or revenue distributions by the State to any O&C county under any other State program or legislation. (8) That the State will accept title subject to all valid existing rights and will assume the obligations of the United States under the terms of any lease, contract, permit, easement, license or other valid binding agreement outstanding between the United States and any other party relating to the lands conveyed by this Act as of the date title is transferred to the State. (9) That the State will administer a mineral rights program applicable to any person who, as of the date of enactment of this Act has filed an unpatented mining claim, filed a patent application, or received a first-half patent certificate. Patented lands located within lands transferred pursuant to this Act shall not be subject to this Act, except for the protection of access and other such rights as provided for in paragraph 8 of this section. The State program required by this paragraph will insure that surface, subsurface and access rights of unpatented mining claims, potentially eligible patentees and private patented lands are no less favorable than under Federal law as of January 1, 1996, and that holders of all first-half final patent certificates as of the date of enactment of this Act will be awarded full patents not later than two years after the notice required by section 4, subsection (f) of this Act, and that all unpatented mining claims and patent applications filed as of the date of enactment of this Act will carry the same rights as, and be subject to requirements that are no less favorable to claimants than under Federal law as of January 1, 1996. The State program established pursuant to this paragraph shall recognize all unpatented mining claims filed as of the date of enactment of this Act for so long as the claimant performs assessment work or pays holding fees and meets other requirements, if any, as provided by Federal law as of January 1, 1996. Any fees charged under the State program required by this paragraph shall be paid to the State. (10) That, in the case of lands conveyed under this Act that are capable of commercial production of timber, the State will not sell, transfer, or otherwise dispose of such lands, except in cases of mineral patents or in trades or exchanges for lands of equal value as timberlands in a program of blocking up to aid in consolidating ownerships to increase the efficiency and effectiveness of management for economic and ecologic purposes. (11) That the State will continue to manage as parks, campgrounds, and other developed recreation sites and facilities any lands conveyed by this Act that are designated as parks, campgrounds, and other developed recreation sites and facilities as of January 1, 1996. (12) That, notwithstanding any other provision of this Act, the State of Oregon will reserve from entry for commercial timber production any lands transferred by this Act that are identified in and designated by Federal statute as of January 1, 1996 as areas reserved from entry for commercial timber production including, but not limited to, wild and scenic river areas and wilderness areas. (13) That the State will, except as may be inconsistent with paragraphs 8 and 9 above, hold the lands conveyed by this Act open and accessible for hunting, fishing, hiking, swimming, boating, trapping, rockhounding and other recreational uses in accordance with applicable State and Federal laws by all the people of the State and of the United States. (14) That the State has established a program giving preference in employment within the Oregon Department of Forestry to any person employed by the Bureau of Land Management within the State of Oregon as of the date a qualifying resolution of assent is filed with the Secretary and whose employment by the Bureau of Land Management terminates on or before January 1, 2004 as a result of the land transfer provided for in this Act, and shall grant an interview to any such person who requests one. (b) Right of Reentry.-- (1) Notwithstanding any other provision of law, the United States shall retain a right of reentry until January 1, 2025, in all lands transferred under this Act and held by the State of Oregon. (2) Such right of reentry of the United States shall ripen if, upon petition for review by nine or more of the O&C counties or upon request for review from the President of the United States, the Secretary determines that the land conveyed by this Act is not being managed in accordance with the conditions specified in subsection (a), and such noncompliance is not cured within two years following such determination. Any determination by the Secretary under this subsection shall be made on the record after an opportunity for a hearing. (3) The ripened right of reentry retained by the United States shall vest and all right, title and interest in lands and other property transferred under this Act shall revert to the United States only if-- (A) the Secretary files a declaration of reentry within three months after the two-year period provided for in subsection (2) with the Governor of the State of Oregon; and (B) the Secretary records a declaration of reentry in the office of the county recorder in each of the O&C counties within three months after the filing required under paragraph (A) and prior to January 1, 2050. (4) As a condition of reentry pursuant to subsections (2) and (3), the United States shall manage the lands thereafter for permanent timber production for the benefit of local communities, with revenues derived therefrom to be distributed in the same manner provided for by the Act of August 28, 1937 (43 U.S.C. 1181a-1181f). (5) Unless exercised and perfected sooner pursuant to subsections (2) and (3), the right of reentry shall expire on January 1, 2050. SEC. 6. NEW MANAGEMENT PLANS. (a) If a qualifying resolution of assent has been filed with the Secretary as provided in section 5 of this Act, the Secretary of the Interior and Secretary of Agriculture shall, not later than January 1, 2001, commence preparation of amendments to the Northwest Forest Plan adopted April 13, 1994, or other Federal land management plans in effect as of January 1, 2001, which amendments shall anticipate the transfer of land as required by this Act and subsequent State management, and which amendments shall become effective on January 1, 2004 on lands currently under the Northwest Forest Plan that remain in Federal ownership on and after January 1, 2004. SEC. 7. SUSPENSION OF LAWS RENDERED OBSOLETE BY TRANSFER OF RAILROAD GRANT LANDS AND WAGON ROAD GRANT LANDS (a) Description of Suspended Laws; Date of Suspension.--Provided that the Secretary of Interior has submitted to Congress the notice required by section 4(f), the following laws are suspended effective January 1, 2004, and are of no further force or effect unless and until the right of reentry ripens and vests and title to transferred lands reverts to the United States pursuant to section 5(b) of this Act: (1) The Act of August 28, 1937 (43 U.S.C. 1181a-1181f). (2) The Act of May 24, 1939 (43 U.S.C. 1181f-1181f-4). (3) The Act of June 24, 1954 (43 U.S.C. 1181g-1181i), concerning the controverted lands.

O&C Forest Transfer Act - Directs the Secretary of the Interior, subject to a qualifying legislative resolution of assent from the State of Oregon filed on or before December 31, 1999, to transfer to Oregon specified real property constituting the Oregon and California (O&C) Railroad Grant Lands, the Coos Bay Military Wagon Road Grant Lands, all federally owned timberlands within one or more O&C counties currently managed by the Bureau of Land Management (BLM), and certain land and structures utilized as offices or in related administrative capacities. Outlines terms required in the qualifying resolution of assent, including: (1) the requirement that Oregon manage the transferred lands for sustained yield, permanent timber production benefitting the economic stability of local communities; (2) the adoption of a State land management plan; (3) the establishment of an O&C Lands Fund for timber sales deposits and disbursements to O&C counties within the transferred lands, as well as to Oregon to cover land management costs; (4) the administration of a mineral rights program for individuals; (5) a prohibition against the sale of any transferred lands capable of timber production; (6) a reservation from entry for commercial timber production; (7) the continuation of current recreational uses; and (8) the establishment of a program providing an employment preference within the Oregon Department of Forestry in transferred land management positions to persons currently employed by the BLM in such capacity. Provides a U.S. right of reentry onto such transferred lands when the land is not being managed in accordance with the transfer conditions and such noncompliance has not been corrected within two years of such determination. Requires the Secretary and the Secretary of Agriculture, if a qualifying resolution of assent has been filed in a timely manner, to commence the preparation of amendments to Federal land management plans. Suspends as of January 1, 2004, specified Federal laws rendered obsolete by the land transfers under this Act.

O&C Forest Transfer Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Energy Workforce Act of 2018''. SEC. 2. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the 21st Century Energy Workforce Advisory Board established under section 3(a). (2) Department.--The term ``Department'' means the Department of Energy. (3) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (4) Minority-serving institution.--The term ``minority- serving institution'' means an institution of higher education eligible to receive funds under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)). (5) National laboratory.--The term ``National Laboratory'' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (6) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. 21ST CENTURY ENERGY WORKFORCE ADVISORY BOARD. (a) Establishment.--The Secretary shall establish a board, to be known as the ``21st Century Energy Workforce Advisory Board'', to develop a strategy for the support and development of a skilled energy workforce that-- (1) meets the current and future industry and labor needs of the energy sector; (2) provides opportunities for students to become qualified for placement in traditional energy sector and clean energy sector jobs; (3) aligns apprenticeship programs and workforce development programs to provide industry-recognized certifications and credentials; (4) encourages leaders in the education system of the United States to equip students with the skills, mentorships, training, and technical expertise necessary to fill the employment opportunities vital to managing and operating the energy- and manufacturing-related industries of the United States; (5) appropriately supports other Federal agencies; (6) strengthens and more fully engages workforce training programs of the Department and the National Laboratories in carrying out the Minorities in Energy Initiative of the Department and other Department workforce priorities; (7) supports the design and replication of existing model energy curricula, particularly in new and emerging technologies, that leads to industry-wide credentials; (8) develops plans to support and retrain displaced and unemployed energy sector workers; and (9) makes a Department priority to provide education and job training to underrepresented groups, including ethnic minorities, Indian tribes, women, veterans, and socioeconomically disadvantaged individuals. (b) Membership.-- (1) In general.--The Board shall be composed of 9 members, with the initial members of the Board to be appointed by the Secretary not later than 1 year after the date of enactment of this Act. (2) Nominations.--Not later than 1 year after the date of enactment of this Act, the President's Council of Advisors on Science and Technology shall nominate for appointment to the Board under paragraph (1) not fewer than 18 individuals who meet the qualifications described in paragraph (3). (3) Qualifications.--Each individual nominated for appointment to the Board under paragraph (1) shall-- (A) be eminent in the field of economics or workforce development; (B) have expertise in relevant traditional energy industries or clean energy industries; (C) have expertise in secondary or postsecondary education; (D) have expertise in energy workforce development or apprentice programs of States or units of local government; (E) have expertise in relevant organized labor organizations; or (F) have expertise in bringing underrepresented groups, including ethnic minorities, women, veterans, and socioeconomically disadvantaged individuals, into the workforce. (4) Representation.--The membership of the Board shall be representative of the broad range of the energy industry, labor organizations, workforce development, education, minority participation, cybersecurity, and economics disciplines related to activities carried out under this section. (5) Limitation.--No individual shall be nominated for appointment to the Board who is an employee of an entity applying for a grant under section 4. (c) Advisory Board Review and Recommendations.-- (1) Determination by board.--In developing the strategy required under subsection (a), the Board shall-- (A) determine whether there are opportunities to more effectively and efficiently use the capabilities of the Department in the development of a skilled energy workforce; (B) identify ways in which the Department could work with other relevant Federal agencies, States, units of local government, educational institutions, labor, and industry in the development of a skilled energy workforce; (C) identify ways in which the Department and National Laboratories can-- (i) increase outreach to minority-serving institutions; and (ii) make resources available to increase the number of skilled minorities and women trained to go into the energy- and manufacturing-related sectors; (D) identify ways in which the Department and National Laboratories can-- (i) increase outreach to displaced and unemployed energy sector workers; and (ii) make resources available to provide training to displaced and unemployed energy sector workers to reenter the energy workforce; and (E) identify the energy sectors in greatest need of workforce training and develop guidelines for the skills necessary to develop a workforce trained to work in those energy sectors. (2) Required analysis.--In developing the strategy required under subsection (a), the Board shall analyze the effectiveness of-- (A) existing Department-directed support; and (B) developing energy workforce training programs. (3) Report.--Not later than 1 year after the date on which the Board is established under this section, and each year thereafter, the Board shall submit to the Secretary and Congress, and make public, a report containing, with respect to the strategy required under subsection (a)-- (A) the findings of the Board; and (B) model energy curricula. (d) Report by Secretary.--Not later than 18 months after the date on which the Board is established under this section, the Secretary shall submit to the Committee on Appropriations and the Committee on Energy and Natural Resources of the Senate and the Committee on Appropriations and the Committee on Energy and Commerce of the House of Representatives a report that-- (1) describes whether the Secretary approves or disapproves the recommendations of the Board under subsection (c)(3); and (2) provides an implementation plan for recommendations approved by the Board under paragraph (1). (e) Clearinghouse.--Based on the recommendations of the Board under subsection (c)(3), the Secretary shall establish a clearinghouse-- (1) to maintain and update information and resources on training and workforce development programs for energy- and manufacturing-related jobs; and (2) to act as a resource, and provide guidance, for secondary schools, institutions of higher education (including community colleges and minority-serving institutions), workforce development organizations, labor management organizations, and industry organizations that would like to develop and implement energy- and manufacturing-related training programs. (f) Outreach to Minority-Serving Institutions.--In developing the strategy under subsection (a), the Board shall-- (1) give special consideration to increasing outreach to minority-serving institutions, including-- (A) part B institutions (as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061)); (B) Predominantly Black institutions (as defined in section 371(c) of the Higher Education Act of 1965 (20 U.S.C. 1067q(c))); (C) Hispanic-serving institutions (as defined in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a))); and (D) Tribal Colleges or Universities (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))); (2) make resources available to minority-serving institutions with the objective of increasing the number of skilled minorities and women trained to go into the energy and manufacturing sectors; and (3) encourage industry to improve the opportunities for students of minority-serving institutions to participate in industry internships and cooperative work-study programs. (g) Sunset.--The Board shall remain in effect until September 30, 2022. SEC. 4. ENERGY WORKFORCE PILOT GRANT PROGRAM. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Labor and the Secretary of Education, shall establish a pilot program to award grants on a competitive basis to eligible entities for job training programs that lead to an industry-recognized credential. (b) Eligibility.--To be eligible to receive a grant under this section, an entity shall be a public or nonprofit organization or a consortium of public or nonprofit organizations that-- (1) includes an advisory board of proportional participation, as determined by the Secretary, of relevant organizations, including-- (A) relevant energy industry organizations, including public and private employers; (B) labor organizations; (C) postsecondary education organizations; and (D) workforce development boards; (2) demonstrates experience in implementing and operating job training and education programs; (3) demonstrates the ability to recruit and support individuals who plan to work in the energy industry in the successful completion of relevant job training and education programs; and (4) provides students who complete the job training and education program with an industry-recognized credential. (c) Applications.--Eligible entities desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Priority.--In selecting eligible entities to receive grants under this section, the Secretary shall prioritize applicants that-- (1) house the job training and education programs in-- (A) a community college or other institution of higher education that includes basic science and math education in the curriculum of the community college or other institution of higher education; or (B) an apprenticeship program registered with the Department of Labor or a State (as defined in section 202 of the Energy Conservation and Production Act (42 U.S.C. 6802)) (referred to in this section as a ``State''); (2) work with the Secretary of Defense and the Secretary of Veterans Affairs or veteran service organizations recognized by the Secretary of Veterans Affairs under section 5902 of title 38, United States Code, to transition members of the Armed Forces and veterans to careers in the energy sector; (3) work with-- (A) Indian tribes; (B) tribal organizations (as defined in section 3765 of title 38, United States Code); and (C) Native American veterans (as defined in section 3765 of title 38, United States Code), including veterans who are a Descendant of a Native (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)); (4) apply as a State or regional consortia to leverage best practices already available in the State or region in which the community college or other institution of higher education is located; (5) have a State-supported entity included in the consortium applying for the grant; (6) include an apprenticeship program registered with the Department of Labor or a State as part of the job training and education program; (7) provide support services and career coaching; (8) provide introductory energy workforce development training; (9) work with minority-serving institutions to provide job training to increase the number of skilled minorities and women in the energy sector; or (10) provide job training for displaced and unemployed workers in the energy sector. (e) Additional Consideration.--In making grants under this section, the Secretary shall consider regional diversity. (f) Limitation on Applications.--An eligible entity may not submit, either individually or as part of a joint application, more than 1 application for a grant under this section during any 1 fiscal year. (g) Limitations on Amount of Grant.--The amount of an individual grant for any 1 fiscal year shall not exceed $2,000,000. (h) Cost Sharing.-- (1) Federal share.--The Federal share of the cost of a job training and education program carried out using a grant under this section shall be not greater than 65 percent. (2) Non-federal share.-- (A) In general.--The non-Federal share of the cost of a job training and education program carried out using a grant under this section shall consist of not less than 50 percent cash. (B) Limitation.--Not greater than 50 percent of the non-Federal contribution of the total cost of a job training and education program carried out using a grant under this section may be in the form of in-kind contributions of goods or services fairly valued. (i) Reduction of Duplication.--Prior to submitting an application for a grant under this section, each applicant shall consult with the appropriate agencies of the Federal Government and coordinate the proposed activities of the applicant with existing State and local programs. (j) Direct Assistance.--In awarding grants under this section, the Secretary shall provide direct assistance (including technical expertise, wraparound services, career coaching, mentorships, internships, and partnerships) to entities that receive a grant under this section. (k) Technical Assistance.--The Secretary shall provide technical assistance and capacity building to national and State energy partnerships, including the entities described in subsection (b)(1), to leverage the existing job training and education programs of the Department. (l) Report.--The Secretary shall submit to Congress and make publicly available on the website of the Department an annual report on the program established under this section, including a description of-- (1) the entities receiving grants; (2) the activities carried out using the grants; (3) best practices used to leverage the investment of the Federal Government; (4) the rate of employment for participants after completing a job training and education program carried out using a grant; and (5) an assessment of the results achieved by the program. (m) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2018 through 2022.

21st Century Energy Workforce Act of 2018 This bill directs the Department of Energy (DOE) to establish a 21st Century Energy Workforce Advisory Board to develop a strategy for the support and development of a skilled energy workforce. Based on the board's recommendations, DOE shall establish a clearinghouse to: maintain and update information and resources on training and workforce development programs for energy- and manufacturing-related jobs; and act as a resource and provide guidance for secondary schools, institutions of higher education (including community colleges and minority-serving institutions), and workforce development, labor management, and industry organizations that would like to develop and implement such related training programs. DOE shall also establish a pilot program to award grants on a competitive basis to eligible entities for job training programs that lead to an industry-recognized credential. Grant amounts are limited to $2 million for any one fiscal year. The federal share of the cost of a job training and education program using a grant shall be up to 65%, while the non-federal share may not be less than 50% cash.

21st Century Energy Workforce Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Unemployed Worker Investment Act of 2015''. SEC. 2. EXTENSION OF WORK OPPORTUNITY TAX CREDIT. (a) In General.--Section 51(c)(4) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2014'' and inserting ``December 31, 2017''. (b) Effective Date.--The amendment made by subsection (a) shall apply to individuals who begin work for the employer after December 31, 2014. SEC. 3. CREDIT FOR EMPLOYERS WHO HIRE INDIVIDUALS RECEIVING UNEMPLOYMENT COMPENSATION. (a) In General.--Section 51(d)(1) of the Internal Revenue Code of 1986 (defining members of targeted group) is amended by striking ``or'' at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(J) in the case of a small business employer, a qualified unemployment compensation recipient.''. (b) Qualified Unemployment Compensation Recipient.--Section 51(d) of such Code is amended by redesignating paragraphs (11) through (14) as paragraphs (12) through (15), respectively, and by inserting after paragraph (10) the following new paragraph: ``(11) Qualified unemployment compensation recipient; small business employer.-- ``(A) In general.--The term `qualified unemployment compensation recipient' means any individual who is certified by the designated local agency as-- ``(i) not being a student for at least 6 months during the 1-year period ending on the hiring date, ``(ii) being in receipt of unemployment compensation under State or Federal law on the hiring date, and ``(iii) having a hiring date during the 2- year period which begins on the date of the enactment of this paragraph. ``(B) Small business employer.--For purposes of this paragraph, the term `small business employer' means, with respect to any hiring date, any employer which employs more than 10 but fewer than 25 full-time equivalent employees throughout the taxable year. ``(C) Student.--For purposes of this paragraph, a student is an individual enrolled at least half-time in a program that leads to a degree, certificate, or other recognized educational credential for at least 6 months (whether or not consecutive) during the 1-year period ending on the hiring date.''. (c) Maximum $4,000 Credit Per Employee.--Section 51(b)(3) of such Code is amended by inserting ``$10,000 per year in the case of any individual who is a qualified unemployment compensation recipient by reason of subsection (d)(11),'' after ``$6,000 per year (''. (d) Denial of Credit Unless Employment Full-Time for 1 Year.-- Section 51(i)(3) of such Code (relating to individuals not meeting minimum employment periods) is amended by adding at the end the following new subparagraph: ``(C) Special rules for qualified unemployment compensation recipients.--No wages shall be taken into account under subsection (a) with respect to a qualified unemployment compensation recipient unless-- ``(i) such individual is employed by the employer for not less than 35 hours per week for not less than 1 year, and ``(ii) the number of full-time equivalent employees of the employer is increased by 1 for at least 1 year by reason of such individual's employment by the employer.''. (e) Credit Made Available to Tax-Exempt Employers in Certain Circumstances.-- (1) In general.--Section 3111(e) of such Code is amended-- (A) by striking ``Qualified Veterans'' in the subsection heading and inserting ``Qualified Individuals'', (B) by striking ``qualified veteran'' each place it appears in the text and inserting ``qualified individual'', and (C) by striking ``qualified veterans'' in paragraph (2) and inserting ``qualified individuals''. (2) Qualified individual defined.--Section 3111(e)(5)(B) of such Code is amended to read as follows: ``(B) the term `qualified individual' means-- ``(i) any qualified veteran (as defined in section 51(d)(3)), and ``(ii) any qualified unemployment compensation recipient (as defined in section 51(d)(11)).''. (3) Conforming amendment.--Section 52(c)(2) of such Code is amended-- (A) by inserting ``and qualified unemployment compensation recipients'' after ``qualified veterans'' in the heading, and (B) by inserting ``and qualified unemployment compensation recipients'' after ``qualified veterans'' in the text. (f) 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.

American Unemployed Worker Investment Act of 2015 This bill amends the Internal Revenue Code to: (1) extend the work opportunity tax credit through 2017; (2) allow a small business employer (i.e., an employer who employs more than 10 but fewer than 25 full-time employees throughout the taxable year) an increased work opportunity tax credit for hiring a qualified unemployment compensation recipient; and (3) allow tax-exempt organizations a work opportunity tax credit for hiring qualified unemployment compensation recipients. The bill defines "qualified unemployment compensation recipient" as any individual who is certified as: (1) not being a student for at least six months during the one-year period ending on the hiring date, (2) being in receipt of unemployment compensation on the hiring date, and (3) having a hiring date during the two-year period which begins on the enactment of this Act. The bill denies such credit unless: (1) the qualified unemployment compensation recipient is employed for not less than 35 hours per week for not less than 1 year, and (2) the number of full-time employees of the employer receiving such credit is increased by 1 for at least 1 year.

American Unemployed Worker Investment Act of 2015